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Conference quark::human_relations-v1

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 15:38

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.RTitleUserPersonal
Name
DateLines
428.1The Past should remain in the PastPLDVAX::WOLOCHNancy WMon Nov 16 1987 15:5722
    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  
    
428.2Make it legalSHARE::SSMITHMon Nov 16 1987 18:3514
    .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.
428.3GALACH::GORTMAKERthe GortMon Nov 16 1987 23:3245
    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
    
    
428.4AKOV11::BOYAJIANThe Dread Pirate RobertsTue Nov 17 1987 04:199
    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
428.5Another Angle, perhaps.KYOA::HANSONMe? Procrastinate?! Just You Wait!Tue Nov 17 1987 20:4041
    
    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.
    
    ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?
428.6The first jump wasn't easy for me, eitherSSDEVO::CHAMPIONMagic dreamsTue Nov 17 1987 22:1017
    
    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
    
428.7Get it down on paperWCSM::PURMALOh, the thinks you can think!Wed Nov 18 1987 14:4110
        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 $$
428.8QBUS::WOODDream what you dare to dream!Wed Nov 18 1987 21:1125
    
    	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
428.9repitition drives the depression homeYODA::BARANSKIToo Many Masters...Thu Nov 19 1987 01:416
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.
428.10Maybe a way for safer exitsDSSDEV::BACONThu Nov 19 1987 15:3119
    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 -
428.11channelsARMORY::CHARBONNDI took my hands off the wheelTue Nov 24 1987 12:551
    Re .0 contact the bar Association in this lawyers' state and complain.
428.12Stop talking to those people, and see a lawyer !BETA::EARLYBob_the_HikerMon Nov 30 1987 15:0846
    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
    
428.13Get a Lawyer!CURIE::BECKERFri Dec 04 1987 19:4024
    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::HANSONMe? Procrastinate?! Just You Wait!Sat Dec 05 1987 01:216
    
    Regarding .13
    
    Thank you, Maureen... That was really sweet.
    
    Bob