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Dear Editor,

I read with great interest the article, City council opposition to sidewalk ordinance. In particular I refer to Mayor Cashman’s question as to who is liable if he were to trip on a sidewalk.

The answer in the City of Warren is no one. To paraphrase a retired Warren County jurist, you should be looking down and watching where you are walking. Several juries empanelled to hear such cases in Warren County have found in favor of the property owner or business/national corporation that the pedestrian is negligent. This is so, even though I agree with City manager Nau that the public is invited and encouraged to use the side walk. The law may refer some injured pedestrians as business invitees, entitled to a higher duty of care, but that legal principle has little sway with Warren County juries.

After all, juries think that the injured person probably has insurance to cover their medical bills. If the fall causes loss of earnings, too bad. Pay more attention to where you are walking. Pain and suffering caused by the injury, interference with usual and daily activities, confinement to home are mere buzz words for blood money and scamming the system. And don’t think for a moment that insurance companies, insuring property owners in this county, aren’t aware of these opinions. You are lucky if the insurer makes a nuisance value offer of settlement. Nuisance value is what the insurance companies believe it will pay its attorney to fight your claim in court.

In conclusion, Mr. Mayor, don’t give your concern a second thought. Such things as this don’t apply in Warren.

Very truly yours,

Bernard J. Hessley,

Warren

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