Frequently Asked Questions
Q: What happened?
A: On March 16, 2002 at approximately 3:10pm a mountain bike rider was
riding on the Red Road (blacktop loop) in a counter-clockwise direction (the
wrong way or "backwards"). She was racing with her head down, not
looking ahead when she hit the yellow post gate causing damage to her
vertebrae. The Jury awarded her 2.9 million.
Q: How is it possible that the rider was not
determined to be at fault.
A: The jury, based on the testimony, decided that the rider was only 30%
and fault and the MDC was 70% at fault for not having signs and warnings
to make riders aware of the danger of the closed gate. Most cyclists are
hard pressed to see how the rider was not 100% liable as the rider was
riding "backward" ( there are 4 bike lane signs painted on that short
section that is west of the gate), and was riding with head down (unsafe
riding position especially where visibility is limited). This is a
shared use facility and faster moving individuals have to be mindful of
walkers/joggers/kids/dogs. Since we were not at the trial, we just don't
know what transpired to have the jury come to this conclusion.
Q: What is the liability loophole all about?
A:Conway v. Wilton: When Amy Conway, a high school tennis player, twisted her knee in a match in Wilton many years ago, she touched off a protracted legal battle which resulted in the the State Supreme Court overturning a decision it made in another case in 1992, and gave Ms. Conway the right to sue Wilton. The decision also stripped Connecticut's towns and cities from their immunity from personal injury lawsuits involving public recreation. Private land owners with trails running through their property are still protected by the law, as Municipalities on others states such as Mass. So the loophole is not just for the MDC properties but for all the Municipalities in Connecticut. To Make matters worse, the judge in the MDC case determined that the MDC was unlike the Municipalities and was not protected by the current laws that provide "some" protection to the Municipalities.
Q: what is the mission of savethemdctrails.org?
A: Convince the MDC to keep the facilities open to all recreational activities until the state legislature can address the loopholes in the Recreational Use Act.
Q: what can we do to help?
A: 1) Attend the public hearing scheduled for July 20th at 5:30pm in
the
Auditorium of the Town Hall in West Hartford. - been there, done
that, got the T-shirt :-)
2)We need to convince our State Legislators to "close the liability loophole". Contact your legislators and let them know how you feel. Also contact your town officials and let them know how you feel.
3) Sign our online petition as a way to demonstrate to the Legislature that voters from all over the state want this liability loophole closed. And read our what can I do to help page.
Q: Is anyone against closing the liability loophole?
A: yes .. the trial lawyers association. See the Hartford Courant "opinion"
Q: What towns get their water from the MDC
A: Hartford, West Hartford, East Hartford, Bloomfield, Windsor, Wethersfield, Rocky Hill, and Newington .. 8 towns .