I just learned that the Teva Mountain Games are 33 days away. Sumbitch! This weather is killing the training. I reckon gotta head out to Fruita tomorrow to ride for a few hours...
On the flip side, drinking a Sam Adams Cream Stout. Pretty, pretty, pretty good.
Friday, April 30, 2010
Wednesday, April 14, 2010
I Am Not An Author, But My Friend Is...
When I won The Kronsky Award several years ago, the award's presenter, Seagay Runtingham, stressed to me and to the crowd on hand that day that I was being honored as its first recipient because I had demonstrated excellency in being a human being. Mr. Runtingham also told the crowd that the benefactor of the The Kronsky Award was The Montreal Convention. Due to events that occurred in celebration after receiving The Kronsky Award that night, I forgot to ask what the hell The Montreal Convention was...
Five years later, I reckoned it was time to research the folks behind, what is now known in most circles, as The Award. Well, what I came up with was a very boring article regarding injuries sustained during international aviation. Who the F writes an entire article on this kind of stuff? Umm, to my dismay, it was written by Seagay. Here it is. Enjoy.
The Montreal Convention: Can Passengers Finally Recover For Mental Injuries?
Seagay Runtingham
Since 1929, recovery for accidents suffered on international flights has been limited to bodily injury. Although the most recent treaty governing international commercial flight retained the “bodily injury” language, a close study of the treaty’s history and more importantly, the negotiations among the signatories’ delegates suggests that the great majority of nations intended to broaden allowable recovery beyond strict bodily injury and that many had in fact already interpreted the phrase to include mental injury. As a result, courts interpreting “bodily injury” under the new treaty should closely review the intent of the signatories before adopting the previous treaty’s precedent.
Regulation of international commercial air travel began when it was still considered dangerous and before a broad market existed. To advance its goal of protecting the emerging airline industry, the 1929 Warsaw Convention required arbitrary damages caps, preclusion of punitive awards, and restriction of recovery to bodily injury. As aviation innovations ushered in an era of global commercial air travel, the once-nascent industry evolved into a robust and profitable one. Although the policy to protect the industry was no longer relevant, the treaty’s strictures still applied.
To address perceived inequities stemming from the limitation of recovery to “bodily injury,” courts stretched, and the resulting and fragmented judicial precedent threatened the unity the Warsaw Convention hoped to achieve. Nations frequently convened to expand recovery beyond bodily injury but ultimately achieved only a patchwork of contractual agreements. The most comprehensive of such conventions, the Montreal Convention, successfully modernized its dated progenitor in numerous regards but nevertheless failed to alter Warsaw’s language that limited recovery to bodily injury.
Even though the bodily injury limitation was retained, a thorough review of the negotiations in Montreal indicates that multiple nations have historically interpreted “bodily injury” as a form of personal injury. More importantly, a great majority of delegates advocated for broader recovery than that afforded by “bodily injury.” The United States’ own delegate represented its precedent as broader than that allowed under the majority trend.
Because the policy informing the new treaty materially changed, and because the delegates’ negotiations evinced a decided disposition towards broader recovery, courts faced with claims under the Montreal Convention must undertake a materially different analysis from those courts that addressed similar claims under Warsaw.
Suggested Citation
Seagay Runtingham. 2008. "The Montreal Convention: Can Passengers Finally Recover For Mental Injuries?"
Five years later, I reckoned it was time to research the folks behind, what is now known in most circles, as The Award. Well, what I came up with was a very boring article regarding injuries sustained during international aviation. Who the F writes an entire article on this kind of stuff? Umm, to my dismay, it was written by Seagay. Here it is. Enjoy.
The Montreal Convention: Can Passengers Finally Recover For Mental Injuries?
Seagay Runtingham
Since 1929, recovery for accidents suffered on international flights has been limited to bodily injury. Although the most recent treaty governing international commercial flight retained the “bodily injury” language, a close study of the treaty’s history and more importantly, the negotiations among the signatories’ delegates suggests that the great majority of nations intended to broaden allowable recovery beyond strict bodily injury and that many had in fact already interpreted the phrase to include mental injury. As a result, courts interpreting “bodily injury” under the new treaty should closely review the intent of the signatories before adopting the previous treaty’s precedent.
Regulation of international commercial air travel began when it was still considered dangerous and before a broad market existed. To advance its goal of protecting the emerging airline industry, the 1929 Warsaw Convention required arbitrary damages caps, preclusion of punitive awards, and restriction of recovery to bodily injury. As aviation innovations ushered in an era of global commercial air travel, the once-nascent industry evolved into a robust and profitable one. Although the policy to protect the industry was no longer relevant, the treaty’s strictures still applied.
To address perceived inequities stemming from the limitation of recovery to “bodily injury,” courts stretched, and the resulting and fragmented judicial precedent threatened the unity the Warsaw Convention hoped to achieve. Nations frequently convened to expand recovery beyond bodily injury but ultimately achieved only a patchwork of contractual agreements. The most comprehensive of such conventions, the Montreal Convention, successfully modernized its dated progenitor in numerous regards but nevertheless failed to alter Warsaw’s language that limited recovery to bodily injury.
Even though the bodily injury limitation was retained, a thorough review of the negotiations in Montreal indicates that multiple nations have historically interpreted “bodily injury” as a form of personal injury. More importantly, a great majority of delegates advocated for broader recovery than that afforded by “bodily injury.” The United States’ own delegate represented its precedent as broader than that allowed under the majority trend.
Because the policy informing the new treaty materially changed, and because the delegates’ negotiations evinced a decided disposition towards broader recovery, courts faced with claims under the Montreal Convention must undertake a materially different analysis from those courts that addressed similar claims under Warsaw.
Suggested Citation
Seagay Runtingham. 2008. "The Montreal Convention: Can Passengers Finally Recover For Mental Injuries?"
Wednesday, March 31, 2010
Life As An Award Winner
One of the benefits of being the one and only winner of The Kronsky Lifetime Achievement Award for Excellence in Being a Human Being is that you get to spend your afternoons and evenings enjoying beir from this cup...
Tuesday, March 23, 2010
My Apologies
As most of you know, my blog is very raw. Some folks might even say extremely raw to the point of being a bloody mess. Sometimes the rawness gets away from me. It was arrogant of me to think I could intellectualize using such rawness, because I realize that there's no intellectualizing such rawness as that is so emotionally charged.
So, I apologize for my comments regarding my good, sweet, clean, dear friend Rhip Cadams. He does not hate babies or old folks, and he even loves his friends who often spend their time milking the state of Texas' unemployment system instead of working and contributing to this free, capitalistic society. I feel dreadful about this. So very dreadful, and raw.
So, I apologize for my comments regarding my good, sweet, clean, dear friend Rhip Cadams. He does not hate babies or old folks, and he even loves his friends who often spend their time milking the state of Texas' unemployment system instead of working and contributing to this free, capitalistic society. I feel dreadful about this. So very dreadful, and raw.
Monday, March 22, 2010
If You See This Guy...
Punch him in the nose for me. He hates babies, old people, and folks that collect unemployment.
Friday, March 19, 2010
Hello, Gawd? Is that you?
Gawd's Country a/k/a J.C. a/k/a Dead Heart a/k/a Taco a/k/a Teqastechman came to visit last weekend. As most of you know, he is very loud, and by that I mean uncomfortably loud. So, now I am enjoying the silence that I only get when he is absent from the state.
We went to the bar on Thursday. We went to the bar on Friday. We skied Vail on Saturday, traversed the Minturn Mile, drank a few cold ones at the Beaver Ponds (that's what she said), drank a few more at the Saloon, and then hung with the Cookies. And I tore up Gawd's state issued credit card. Allegedly.
Quiet everyone. Just sit back and enjoy. Silence.
We went to the bar on Thursday. We went to the bar on Friday. We skied Vail on Saturday, traversed the Minturn Mile, drank a few cold ones at the Beaver Ponds (that's what she said), drank a few more at the Saloon, and then hung with the Cookies. And I tore up Gawd's state issued credit card. Allegedly.
Quiet everyone. Just sit back and enjoy. Silence.
Monday, March 8, 2010
Running & Being A Historical Saint
Today, I received a package in the mail addressed to "the worst attorney in Colorado a/k/a Gerald "The Bear" Oliver" from, um, chuckle, cough, clear throat...Shelton Law. The proprietor of that fine, profitable establishment is my good friend Greff Felton, a/k/a The Historian, a/k/a The Great Sheltano, a/k/a The Tiny Fists of Fury, a/k/a 5k.
Anyway, the package contained two books. The first, which has received numerous recent commendations, was Born to Run, the story of a tribe of running folks located deep within the bounds of Copper Canyon in Mexico. The second is described in the book's forward as "The philosophical bible for runners around the world." It is aptly named Running & Being. Despite the additional, unnecessary commentary on the exterior of the package, I very much appreciated my friend's generosity.
My Friend's Bible
Anxious to see what The Historian and many others found to be so inspirational, I quickly delved into the Bible at lunchtime today. While it seems appealing, I can hardly read the text as the highlightings of a young, impressionable 24 year old graduate of one of our country's most devoutly baptist institutions dot the landscape.
Enjoy.
To those that know him, I ask you these 5 questions:
1. Is he an artist?
2. Has he lived authentically?
3. What is his true religion?
4. Is his life unlived?
5. Is he a professional with clean, small white hands?
Well, I don't know the answers to these questions, but I know certainly that he is unique. While he may never be a Kronsky Award Winner, I love him dearly. So, let us raise our glasses of Freeheel Lager to Shelton, that beautiful bastard!
Anyway, the package contained two books. The first, which has received numerous recent commendations, was Born to Run, the story of a tribe of running folks located deep within the bounds of Copper Canyon in Mexico. The second is described in the book's forward as "The philosophical bible for runners around the world." It is aptly named Running & Being. Despite the additional, unnecessary commentary on the exterior of the package, I very much appreciated my friend's generosity.
My Friend's Bible
Anxious to see what The Historian and many others found to be so inspirational, I quickly delved into the Bible at lunchtime today. While it seems appealing, I can hardly read the text as the highlightings of a young, impressionable 24 year old graduate of one of our country's most devoutly baptist institutions dot the landscape.
Enjoy.
To those that know him, I ask you these 5 questions:
1. Is he an artist?
2. Has he lived authentically?
3. What is his true religion?
4. Is his life unlived?
5. Is he a professional with clean, small white hands?
Well, I don't know the answers to these questions, but I know certainly that he is unique. While he may never be a Kronsky Award Winner, I love him dearly. So, let us raise our glasses of Freeheel Lager to Shelton, that beautiful bastard!
Monday, March 1, 2010
2010 American Berkebeiner
Back in Ought Nine, while visiting the Vatican, Beth was approached by a kindly, meek almost papal man, who indicated that he was a lieutenant in the Italian Army. He also stated that the Italian Army, Snake Division, was seeking a representative for the 2010 American Berkebeiner and wondered whether Beth would be interested. She told the man that she did not know how to skate ski, but the young man was undeterred. He reiterated that he was merely following orders. Over many beers and a glass of cognac or two, she accepted the invitation and promised to serve the Italian Army as only she could.
In uniform
Though sponsorship came easily to Beth, my attempts to procure a deal were proving difficult. Indeed, my agent demonstrated his overall worthlessness, again. I guess he is busy with his more important Canadian Football League players. Anyway, eventually, I landed a deal with a small company named Molteni Arcore headed by a Belgian fella named Eddy Merckx. I don't know much about him, but I know his son, Axel, was a decent professional cyclist. Eddy, too, like so many others, violated the rules of nicknames, as he constantly referred to himself as The Cannibal. Grotesque, I do say!
Several months later, after learning how to skate ski, we found ourselves in Hayward, Wisconsin on Thursday,February 25, 2010 with Tracy, John and Mick. John and Mick graciously asked us to stay at one of their client's houses on Lake Round.
The Crib
The Crew on the ice in back of the haus
What the? A giant muskie in the middle of town? Welcome to Hayward and the Fresh Water Fishing Hall of Fame
Packet pickup at the Telemark Lodge in Cable
Pre-race meal. Not sure if this is Olympic approved, but a man's gotta eat.
Getting ready to do battle. For the Italians!
And we are rolling...
A nun on the course? God save us all.
To the house
The finish...did the Birkie create that forehead? Taco, do you have a roll in the operation of that race?
Vikings in 2010? Really?
Post Race, Wisconsin style.
Final thoughts...Beth and I skated the entire time together, which was, in the end, the best way to do it. I must say, I am really proud of Beth!
In uniform
Though sponsorship came easily to Beth, my attempts to procure a deal were proving difficult. Indeed, my agent demonstrated his overall worthlessness, again. I guess he is busy with his more important Canadian Football League players. Anyway, eventually, I landed a deal with a small company named Molteni Arcore headed by a Belgian fella named Eddy Merckx. I don't know much about him, but I know his son, Axel, was a decent professional cyclist. Eddy, too, like so many others, violated the rules of nicknames, as he constantly referred to himself as The Cannibal. Grotesque, I do say!
Several months later, after learning how to skate ski, we found ourselves in Hayward, Wisconsin on Thursday,February 25, 2010 with Tracy, John and Mick. John and Mick graciously asked us to stay at one of their client's houses on Lake Round.
The Crib
The Crew on the ice in back of the haus
What the? A giant muskie in the middle of town? Welcome to Hayward and the Fresh Water Fishing Hall of Fame
Packet pickup at the Telemark Lodge in Cable
Pre-race meal. Not sure if this is Olympic approved, but a man's gotta eat.
Getting ready to do battle. For the Italians!
And we are rolling...
A nun on the course? God save us all.
To the house
The finish...did the Birkie create that forehead? Taco, do you have a roll in the operation of that race?
Vikings in 2010? Really?
Post Race, Wisconsin style.
Final thoughts...Beth and I skated the entire time together, which was, in the end, the best way to do it. I must say, I am really proud of Beth!
Sunday, February 28, 2010
The Lonely Goat Brewing Co.
Well, the Lonely Goat Brewing Co.'s long anticipated release of Freeheel Lager has cometh. A look inside our cozy Brewery.
The bottling plant worked overtime this day...
Shockingly, West Texas Style, the Beautiful Brew Festival of the Rockies awarded Freeheel a Gold Medal. The Brewery employees are proud.
The bottling plant worked overtime this day...
Shockingly, West Texas Style, the Beautiful Brew Festival of the Rockies awarded Freeheel a Gold Medal. The Brewery employees are proud.
Tuesday, February 23, 2010
It's All Fun and Games Until the Dog Gets Hurt
Early Sunday morning, Charlie woke me up at 6am to let me know that we had another 8 inches of snow on the ground. By 7am, we were skinning up Arrowhead, just enjoying the morning. After an hour of hard work, we decided to take a break before making first turns in the powder. Charlie is admiring the Icelantic Shamans.
I didn't know that it had happened since Charlie didn't bark or whine, but a couple of spots of blood in the snow made me realize that I must have cut him with my edges. Crap! I took him to the vet and got him stitched up on his front and rear left legs. Man, he was knocked out for 5 hours or so after the staples. Once he came to, he staggered about like Shakes in Mexico in the midst of a 2 day tequila infused bender. Not the Sunday that I had envisioned for us.
But, 3 staples in his rear leg and 2 staples in his front leg have't stopped the kid. So, we did what any self respecting men would do 2 days after an injury, we went mountain biking at the scene of the accident. Charlie is the Tom Brady of dogs!
I didn't know that it had happened since Charlie didn't bark or whine, but a couple of spots of blood in the snow made me realize that I must have cut him with my edges. Crap! I took him to the vet and got him stitched up on his front and rear left legs. Man, he was knocked out for 5 hours or so after the staples. Once he came to, he staggered about like Shakes in Mexico in the midst of a 2 day tequila infused bender. Not the Sunday that I had envisioned for us.
But, 3 staples in his rear leg and 2 staples in his front leg have't stopped the kid. So, we did what any self respecting men would do 2 days after an injury, we went mountain biking at the scene of the accident. Charlie is the Tom Brady of dogs!
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