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Java_Bob · 12-04-2007, 01:49 PM

In icy Alaska, Army can be sued over fall

An injured woman who slipped in an Alaskan parking lot can sue the federal government for failing to remove snow and ice, a U.S. Court of Appeals ruled Monday.
Carol Bolt has been permanently disabled since April 1999, when she broke her ankle outside her U.S. Army apartment in Fort Wainwright, Alaska, where winter temperatures fall to as low as -65 F degrees (-54 C).
Attorneys representing the government argued that it was not liable because the U.S. Army base has the same status as Alaskan municipalities, which cannot be sued for injuries caused by ice and snow that naturally accumulate.
But a three-judge panel of the 9th U.S. Circuit Court of Appeals concluded that the federal government should be treated as an Alaskan landlord, obliging it to keep common areas clear in the northern-most American state known for its ice and snow.

Quote:

-65 and you want them to move ice WTF

Rachelle · 12-04-2007, 04:11 PM

That is insane. Surely that won't stand!!!!!!! That is just crazy impossible to do.

rlc

***MSYoung*** · 12-04-2007, 04:56 PM

The 9th U.S. Circuit Court of Appeals is in California where no one knows what -65 degrees means. That is probably why she appealed it here. If she had appealed it in Alaska they would probably have thrown her in a snow bank. This should definitely be overturned because if it is not then President Bush will to spend some of his war money to remove all the snow from every military base in Alaska.

***JulianW*** · 12-05-2007, 09:10 AM

At those temperatures I don't think you can remove it unless you're going to install underground heating systems but at those temperatures I don't think even they'd keep up.

monkeylizard · 12-06-2007, 11:34 AM

Quote:

Originally Posted by MSYoung

The 9th U.S. Circuit Court of Appeals is in California where no one knows what -65 degrees means. That is probably why she appealed it here. If she had appealed it in Alaska they would probably have thrown her in a snow bank.

She can't sue in an Alaska state court because the U.S. can only be sued in U.S. Distrcit Courts (probably the one in Alaska). She had no choice on where to appeal, because Alaska is part of the 9th circuit and the court of appeals for that circuit is located in California. I suspect the Army will ask the U.S. Supreme Court to hear this one on appeal from the circuit court, but they don't have to hear the case.

I can understand the side of the Army contesting it's a municipality, and I would agree with them in the "working" parts of the base. In the housing side of the base, it really does act more as a landlord and provides landlord type services to the houses/dormitories through their civil engineering unit (plumbing, painting, repairs, sometimes lawncare, etc). I can understand the court's interpretation of defining "landlord" vs. "municipality". What I don't get is the Alaskan law requiring landlords to keep common areas clear. Surely the Alaskans who wrote this law understand -65. Perhaps they meant to require them to keep the areas "passable." Surely this came out of some complaint on an apartment complex manager who let giant snow banks pile up in the parking lots and breezeways and was never intenmded to make them de-ice every sq. inch of the property.

All that being said, I still think the woman's a dumb-ass.

Java_Bob · 12-06-2007, 12:06 PM

Quote:

All that being said, I still think the woman's a dumb-ass.

slagburn · 12-11-2007, 09:42 AM

Quote:

Originally Posted by MSYoung

The 9th U.S. Circuit Court of Appeals is in California where no one knows what -65 degrees means.

I can't find a single instrument in the house that measures that low.

***JulianW*** · 12-11-2007, 10:39 AM

How about in the garage?

***papa-bear*** · 12-11-2007, 10:40 AM

a little napalm (spelling?) on the parking lot should clear the ice problem right up. While they are at it, just to be nice, clear the ice off of the roof of her house with it.

***MSYoung*** · 12-11-2007, 11:51 AM

Quote:

Originally Posted by slagburn

I can't find a single instrument in the house that measures that low.

And aren't you happy that you do not need to measure temperatures like that?

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