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Title: | What's all this fuss about 'sax and violins'? |
Notice: | Archived V1 - Current conference is QUARK::HUMAN_RELATIONS |
Moderator: | ELESYS::JASNIEWSKI |
|
Created: | Fri May 09 1986 |
Last Modified: | Wed Jun 26 1996 |
Last Successful Update: | Fri Jun 06 1997 |
Number of topics: | 1327 |
Total number of notes: | 28298 |
428.0. "Constant Reminders" by KYOA::HANSON (Me? Procrastinate?! Just You Wait!) Mon Nov 16 1987 12:38
I'm wasn't really sure exactly which topic name this note might go by.
Some titles that came to mind might be :
- Lawyers, yet another story.
- Constant reminders
- The Summer of '87... forever
- How does one forget?
But I suppose that the story really has one underlying theme. I'm a bit
surprised, actually, that I've come to write this, for it can only serve
as yet another reminder of the Summer of '87 and the continuing saga of
my dealings with a certain lawyer, not to mention my attempts at dealing
with the sudden and tragic demise of a sevearl friends.
Warning: The following is, to be sure, not the most light-hearted piece
I've written here... It's a long downer of a story, but I need
some advice from my HR friends.
It was several months ago, July 19th to be exact, that I lost a very good
friend of mine... and in one of the worst ways imaginable. To this day,
not only do I have my own difficulties in coming to resolution about the
events of that day, but I am continually besieged by the unrelenting
badgering of a lawyer from Philadelphia.
Having been a skydiver for several years, and knowing the real exhiliration
of "human flight", I couldn't resist the temptation of letting others in on
what I found to be an enjoyable activity. So, Bob organizes a skydiving party.
In retrospect, it seems rather fortunate that only two friends of mine actually
showed up. One was a fellow Digital employee, the other a friend that I had
met on a ski trip some time ago. This friend, Jon, and I had spent a good deal
of time exploring new horizons in indiscretion, including scuba diving, rock
climbing, and unadulterated gonzo partying.
Well, long story made short, it was Jon's first skydive, and he was under-
standably nervous about the risks, but after the standard four-hour course
he seemed ready, willing, able, and absolutely physced for the jump.
I had already left the plane and was having about the best canopy ride down
that I could remember when I started watching Jon's exit, about 1000 feet
above. (We jumped from 3000 feet.)
But, suddenly something went very wrong. Apparently, Jon muffed the exit,
rolling backwards in a somersault move, and as his legs came over his head,
they became entangled with the main canopy lines that had been deployed
by a static line. Although his chute eventually opened, Jon was forced
upside down, with the canopy spiraling out of control. Over the radio,
the ground crew repeatedly told him to "cut away" to his reserve chute,
which he eventually managed to do. However, since the main was still
wrapped around his leg, he never managed to gain clear air for the reserve
to properly deploy, and it didn't take more than a second or two for the
reserve to tangle hopelessly with the deflated main. Aside from hearing
the screams of people on the ground, Jon, and myself, the thing that
stands out most for me now is seeing him flail about hopelessly, while I
flew about and watched helplessly as he took it in at over 100 mph.
It's over now, as it was over in 8 seconds. I've also come to terms with
a few things about the incident; People die; Sometimes people die much
too early (Jon was only 25 with a great future ahead of him...); and
sometimes good people die young in a grisly fashion; and nothing that anyone
does will change the first three rules. We who knew him miss him dearly
and feel sorry for such a promising life having been cut short, but realize
that we must go on. In all liklihood, there are others who were present,
but did not know him, who were affected nontheless.
But, to get to the point of this diatribe, it appears not to be over...
though I would like nothing more than for it to be so.
Jon's family has said, since that day, that they would not desire to enter
into any lawsuits relating to the incident. "Jon was a man, and he made
a man's decision." And, since the family is rather well off, they certainly
don't need the money from any settlement. Besides, Jon signed seven pages
of waivers absolving the jump zone, it's employees, and anyone within a
200-mile radius of any responsibilites relating to any kind of mishap.
The family's sole interest would be one of principle, hopefully insuring
that such a situation could be prevented in the future through the use of
better equipment, better training to deal with emergencies, etc.
But, the Philadelphia lawyer, put in contact with the family through a
mutual friend, is now seeking damages from a homeowner's policy held by
the drop zone and a policy held by the owner's of the aircraft. I've told
my story, all of it, to him (twice), Jon's father (three times), Jon's
brother and sister-in-law (twice), to everyone curious, and here. And each
time, it leaves me shaken and sad.
I asked the lawyer why he is seeking damages instead of pressing the principle,
seeking reforms in the sport for beginners. "I don't work for principle,"
he replied, "I work for money. I've got a business to run."
I pointed out to the lawyer that, rather than making the sport any safer
for skydivers, he is actually helping to diminish the sport, inasmuch as
insurance premiums for ALL jump zones will increase, as they have in the
past, forcing financial hardships upon the jump zone, the jumpers, and
all involved, potentially leading to the closing of yet another area.
He said something to the effect that he only cares about this one case,
not other cases and not other zones.
I mentioned to the lawyer that I have told him Everything I know about
the incident and would like nothing more than to be left alone about the
whole thing. And does he realize just how disturbing it is to me? Well,
he says, he's pretty disturbed too. (BS! HE wasn't there!) I told him
that I had nothing to add, and that he shouldn't bother to call me anymore.
He said that, if required, he would subpoena me to court when the case hits
the stand. (This, BTW, transpired only four days ago, thus my frustration)
The bottom line is that, knowing the sport as I do, knowing Jon as I did,
and having been the closest one to Jon when he took it in, I have the most
to add in the way of information. And I've tried to be helpful to anyone
who has requested information.
But, as you can imagine, reliving the total horror of that day each time
I tell the story has me feeling frustrated, drained, and devoid of hope
that I'll ever be able to completely forget about the incident. Sometimes
I don't feel that I would be able to go through the court situation, though
on a day-to-day basis with no reminders, I can cope quite well.
So, do I tell the lawyer to go p--s up a rope? Or do I help in whatever
way I can? Do I refuse to go through it all again even once more, or do
I bite my lip, raise my chin, and tell them I was there? I told the
family, after it happened, that I would help them whatever way I could,
but in all conscience, I don't think that the lawyer is protecting their
interests, but rather is out to make a buck. Do I put up with it, or
upset the family more than they already are?
What would *you* do?
Bob "I'll dance again, someday..." H.
PS: The situation was compounded when I lost two friends in a boating
accident the very next weekend. And yes, I have called in the "pros",
but as you may be aware, they don't offer advice...
T.R | Title | User | Personal Name | Date | Lines |
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428.1 | The Past should remain in the Past | PLDVAX::WOLOCH | Nancy W | Mon Nov 16 1987 12:57 | 22 |
| I assume the laywer is representing the family???
If the family wants money, they don't have to go through a lawyer
to recover from the insurance policy UNLESS they want to recover
more than what is stated in the policy.
I assume the lawyer has put together a report stating how much he
wants to recover for pain and suffering, expenses etc. (BTW the
lawyer's fee will probably be ONE THIRD of the settlement, so he
has alot to gain).
I would advise you to document the events that took place and forward
the documentation to the lawyer. YOU DON'T OWE THE LAWYER ANY KIND
OF EXPLANATION BUT if the case goes to court (if the insurance company
doesn't pay the sum he is asking) then you will have to go to court.
My advice (quite simply) is to summarize the event in writing, provide
a copy to the lawyer and then tell him ____-off. You don't need
his HARASSMENT and thats what it is - you should only have to tell
the story ONCE.
Why did the family decide to go with this lawyer?
Please keep us posted on this.
Nancy
|
428.2 | Make it legal | SHARE::SSMITH | | Mon Nov 16 1987 15:35 | 14 |
| .1 is correct, however I would do it through your own lawyer. I'm
sure you don't need the expense but I believe it's the best way.
Make your statement a signed and notarized document sent from your
lawyer with a letter stating that this is your statement and not
to bother you any further. He might also want to add that if this
other lawyer see's fit to bring your into court, you cannot afford
the expense of the trip, so someone else will have to foot the bill
for you to go testify.
Steve
P.S. I'm a former jumper so believe me I know where your coming
from. I've never seen anyone burn in though, thank God.
|
428.3 | | GALACH::GORTMAKER | the Gort | Mon Nov 16 1987 20:32 | 45 |
|
Question: What do you call 6 lawyers buried up to their necks in
sand?
Answer: Not enough sand.
Sorry for the tangent but is says everything about how I feel about
that type of person. The major problem is the could care less about
you or your feelings and probably not even the family he represents
only the mighty dollar. I have been through the lawyer harrasment
before and they are damn hard to get rid of. I strongly suggest
finding help from someone that can tell you how involved you have
to be in the case. Maybe seek pain and suffering for the anguish
you have been subjected to. Now wouldent that be a nice twist to
throw them?
I think the law suit scene is a real sign of the sickness in society.
I hope this can be resolved quickly for you, jerry
|
428.4 | | AKOV11::BOYAJIAN | The Dread Pirate Roberts | Tue Nov 17 1987 01:19 | 9 |
| This guy probably chases ambulances, too.
If you are subpoenaed, you have no choice but to appear in court.
But, if you feel that the lawyer is harrassing you, you could file
a complaint with the phone company and/or Post Office to that
effect. you could also tell the lawyer that if he doesn't stop
bothering you, he can count on you to be a very hostile witness.
--- jerry
|
428.5 | Another Angle, perhaps. | KYOA::HANSON | Me? Procrastinate?! Just You Wait! | Tue Nov 17 1987 17:40 | 41 |
|
Thanks to all, so far, who have replied here and by mail. Zee-gads,
but it's nice to know that I don't have to keep it all inside.
And yet, being the quintessential Gemini, I've found myself looking
at this whole situation from a number of angles, causing me to
wonder about my own ambivalence. And something occurred to me;
True, if the lawyer were to continue to harrass me in this manner,
I would take my own legal recourse against it. (BTW, thanks!
Being new to the wonderful world of lawyers, I didn't even realize
that that was an option!) But...
Let's cut this particular lawyer out of the picture for a moment.
To be sure, Jon's family is having a difficult time coming to
resolution about the incident, and to that end I have tried my best
to provide *all* of the details that they've requested... over and
over and over... Somehow, piecing the events of the day together
has somehow helped them deal with the situation, and to understand
just how something like this could have happened. But, as I've
said, it always leaves me feeling like I've come out overdrawn.
So this leaves me to wonder, Should I, being basically the helpful
sort, provide the information that they seem to need so badly, or
in an effort to protect my own interests, shut down on their
requests? It doesn't really seem, somehow, like fair treatment
for them, as I was really the only one who can provide those details.
And suppose that, by pursuing the legal angle further, some real
good can come of the incident, as in reforms in the sport, ensuring
that this will never happen again? By refusing to tell my story,
I may be hampering such a change, which, of course, is goodness.
The way I figure it, if I don't do my part to make something of
this, then perhaps Jon's demise would be in vain. If I *do* do
as much as I can, however, we might be able to do some lasting
good. And nothing could make me happier...
And yet, it always seems to rip me apart.
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?
|
428.6 | The first jump wasn't easy for me, either | SSDEVO::CHAMPION | Magic dreams | Tue Nov 17 1987 19:10 | 17 |
|
Sounds to me like you really want to say the many things that you
have to say. Everytime you jumped out of that plane, you took a
chance and gambled with fate. That doesn't have to change.
Jon's family probably needs to hear the facts again and again to
help it really sink in, and *you* need to let the pain out of your
soul. Time won't heal you completely, but it will make things easier
to bear. By holding it in, you accomplish very little.
It's hard to know what's right, but the bottom line is - you must
do what feels best for *you*.
Hold your head high.
Carol - friend and fellow free-faller
|
428.7 | Get it down on paper | WCSM::PURMAL | Oh, the thinks you can think! | Wed Nov 18 1987 11:41 | 10 |
| I get the feeling that it is the "provid(ing) *all* of the
details ... over, and over, and over" that has you the most
distressed. If that is the case I suggest that you get your story
down on paper and fill in extra details as they are requested.
If you do this through a lawyer (although it may be expensive, but
is your mental health worth the expense?) he could field questions
and contact you only when there were details missing from your account
of the incident.
ASP - I jumped once and only didn't follow up because of $$
|
428.8 | | QBUS::WOOD | Dream what you dare to dream! | Wed Nov 18 1987 18:11 | 25 |
|
Looking at this from the viewpoint of the family, I can see
how they feel and understand their wanting answers to their
questions. I was in a similar situation several years ago when
my brother had an accident and was killed. (He was not jumping
but flying a helicopter). He was alone, so there was no one to
answer our questions about "What happened? What went wrong?"
except for the airport that he had been in touch with shortly
before he crashed. At that time, and even now as I look back
on it, there are answers that we'd like to have that no one can
give us.
I also understand how hard it must be for you to tell the story
and answer their questions but I feel you should try as best you
can ... having been in that situation, every little piece of data
that we could come up with helped us to deal with the accident.
It helped us to feel that it was something that couldn't have been
avoided (altho it probably could have if my brother had sat the
chopper down as soon as he noticed engine trouble) but he didn't.
Tony's suggestion of getting it down on paper is probably just
as good. Just so the answers are there, to the best of your ability!
My
|
428.9 | repitition drives the depression home | YODA::BARANSKI | Too Many Masters... | Wed Nov 18 1987 22:41 | 6 |
| RE: .7
Yes, there is a point where the repitition of the incident can only drive
you deeper. You have to pull out sometime.
Jim.
|
428.10 | Maybe a way for safer exits | DSSDEV::BACON | | Thu Nov 19 1987 12:31 | 19 |
| Hi,
This probably isn't too constructive to the discussion, but it relates
to this issue of making the sport safer. I used to jump in college,
and my first exit, was the same as Jon's, except by some miracle,
I didn't get tangled in the lines and completed the somersault without
tangling my chute. This scared EVERYONE! Especially the jump master.
He has since changed the way beginners exit from the plane. When
I learned to jump, you stood on a step, and jumped off. This makes
it somewhat easy to not do the jump correctly, and end up doing
a back somersault. I recently visited my old jump master, and see
that he has changed the exit procedure. Now beginners hang on a
bar that he added under the wing of the plane. That way the person
is already basically in the right spread eagle position, and all
they have to do is let go with their hands. He says this is working
quite well. Too late for Jon, but maybe more jump schools will
start using this procedure.
- Molly -
|
428.11 | channels | ARMORY::CHARBONND | I took my hands off the wheel | Tue Nov 24 1987 09:55 | 1 |
| Re .0 contact the bar Association in this lawyers' state and complain.
|
428.12 | Stop talking to those people, and see a lawyer ! | BETA::EARLY | Bob_the_Hiker | Mon Nov 30 1987 12:08 | 46 |
| re: .0
As much as I hate to say it, I think you should contact a lawyer,
and relate your frustration to him, about the antics of the one
whose been calling you.
Personally, I think if someone calls me up and states that if I
don't want to alk to them willingly, then they are 'coercing me';
by using a 'threat' of court action.
Second, I don't beleive a lawyer can 'force' you to testify in
Philly, if you live in NH (if you live in PA it might be a different
case).
Third, perhaps you should (could ?) talk to the Pilot and the Field
involved, and volunteer to talk to THEIR attorneys about whats
happenining to you.
Fourth, you may have a CASE against this attorney, based on what
you relate here.
Fifth- STOP TALKING to any of those people, because something YOU
say may unwittingly cause you to become the target of the suit,
since you were 'involved with' your friend getting involved in sky
diving sport.
Last - Contact the Bar Association of whatever state you live in,
and request a 'refferral'. Oftentimes lawyers will talk to you
for about an hour for about $10.0 -$20.00.
In some states (Mass, NY, NJ, Pa and others) there is a 'Consumer
Advocate' who sites in the attorney generals office who can also
refer you to an 'appropriate ombudsman' - someone who can talk to
you, understands tha limits of the law, and further advises you
on the BEST course for yourself.
I can understand the feeling of helplessness as being nearbye and
being totally unable to help. There's no point in these crumbs making
a living from it.
In Boston Mass there's a radio station called: WBZ, and they have
a 'Call for ACtion' Help line that ANYONE can call if they have
problem and the answer is not clear. No charge for their help.
Bob Early
|
428.13 | Get a Lawyer! | CURIE::BECKER | | Fri Dec 04 1987 16:40 | 24 |
| I agree: Talk to a Lawyer. Unfortunately I too am involved in a
lawsuit. Once I started getting hounded I got a lawyer and all
correspondence goes thru him and only him. Ive never been harassed
or called by the other law firm ever again. If any questions need
to be asked or any facts verified it is discussed between me and
my lawyer and he in turn contacts the others with the info. It
not only protects you but helps you to keep your sanity.
Your situation is tragic and I understand your not wanting to "re-live"
it all in a courtroom. Understand that the procedure for law suits
is also time consuming - you won't see a courtroom for years. I
know that the pain of losing a friend does not disappear but maybe
with the passage of time you'll be able to deal with your memories
a bit better. The case that I am involved in is no where near as
tragic or difficult as what you've described. Its been 2 years
now and I probably won't see a court room for another year.
I wish you the best and am deeply sorry for the loss of your friend.
Let someone handle this for you and take some time to heal as much
as you possibly can.
Best Wishes
Maureen
|
428.14 | ! | KYOA::HANSON | Me? Procrastinate?! Just You Wait! | Fri Dec 04 1987 22:21 | 6 |
|
Regarding .13
Thank you, Maureen... That was really sweet.
Bob
|