Berkshire East cleared of all charges

I just heard on the news that a local ski mountain, Berkshire East, has been cleared of all charges in the death of a teenager a few years ago. Apparently the young lady crashed into either a hydrant or a tree. The reports are not clear on that. Reports also do not indicate whether the skier was "out of control".

Regardless, I am glad to hear that the courts agreed that the ski area was not at fault or liable for the death. Her parents contend that Berkshire East was negligent because it took Ski Patrol too long to respond and that the hydrant was not covered.

Don't get me wrong...the young lady's death certainly is a tragedy and I do not have the "you play, you pay" attitude that some people have about skiing. I must agree with the courts, however.

I am a skier and have been on the slopes for a total of 20+ years. Lots of areas do cover hydrants, lift towers, and other obstructions. I do also believe that most ski areas do their best to mark obstacles that may cause injury. In the event that they cannot, or for whatever reason you hit something and become injured, I do not believe they should be held liable.

Why? To start, when you purchase a ticket you are agreeing to be legally bound by the disclaimer on the back of the ticket. Said disclaimer states that you cannot hold the ski area liable for injury or death. Secondly, if you do not realize that skiing is a high risk sport with very high risk of injury, then you should not be on the slopes. What about strapping two planks with four razor-sharp steel edges to your feet and plummeting down a mountain strikes you as safe?

Tell me this...if you were driving down the road and hit a traffic island or traffic light, would you sue the city because there was something in the way? I doubt it. Driving is also inherently dangerous. There are rules, just like in skiing. (Ski in Control, although I'm not saying she was out of control) There is also inherent risk in the unknown variable of the other drivers. You never know...just like skiing. As a matter of fact, if you did hit something with your car you most likely will be cited for causing damage to whatever you hit. Why? Because it wasn't in your way...it was your job to go around it.

Now in the event that someone else was skiing out of control and directly caused you to be injured you should certainly be able to sue them. And people have; People have won those court cases more often than not as well.

So should a ski area be liable for injury at all? Sure, there are certain things that fall into those categories. Chair lift failed and you get hurt? Yes, they should be liable. The ski area's insurance and state law dictates that machinery must be inspected for safety every so often. Someone driving a snow-cat or snowmobile out of control? I can see at least a 50/50 at fault there.

How is this different than not padding a lift pole or hydrant? Easy. You are not the operator of the chair or snowcat. When you are skiing, you should be allowing yourself an emergency way out, at all times, to avoid objects that are not moving. When you are using someone's else's equipment that is regulated by law, that is different. There should not be laws stating that the ski area is liable for damages caused by stationary objects either. Why? Because again, the objects are stationary and it should be the skier's responsibility to avoid them.

That's just my 2 cents...let's hope laws continue to protect ski areas so they don't have to close down due to insane insurance rates...

VW Beetle for teh lose...

Ok so it's time for a little rant.

My old corporate vehicle was a 2004 Volkswagen NewBeetle. I must say that I have never driven a car that had as many problems as that car did. Yes, I know it was a corporate vehicle that was driven quite a bit. The issues that came up, however, couldn't be attributed to mileage on the vehicle. At least they shouldn't be attributed to that...if they were then it was a bigger piece of junk than I thought.

In the three years we drove that vehicle (60k on the odometer) we experienced the following problems: twice the engine valvesprings broke, resulting in a dead car, at least 10 inexplicable 'check engine' lights that disappeared after they were reset, two failed transmission speed sensors, 1 seatbelt latch sensor replacement, 2 passenger seat airbag sensor replacements, at least 3 trips to unsuccessfully diagnose an airbag light coming on randomly, dashboard gauges stop working randomly, and finally a fuel system flush. The fuel system I could say might have been bad gas. The transmission also had the whine of death, but we got rid of the car before it died.

As you can see, the majority of those issues seem to be electrically related. I have been told by lots of people that VWs seem to have the occasional electrical ghost. And of course, electrical ghosts are amongst the difficult problems to diagnose on a vehicle. One of the most difficult, as a matter of fact.

So...out with that car two weeks ago. Now we have a brand-new 2008 New Beetle.

The fun has already begun at 1,098 miles. Today I was driving south on 91 with the headlights, radio, rear defroster, and heater going. It was raining, so I flipped the wipers on to intermittent. Each time the relay would 'click' to turn the wipers on the dashboard would blink off for a split second, the gauges would start to return to zero, and then it would come on again.

At first I thought my eyes were playing tricks on me because by the time I looked down everything was fine. So I pulled off onto a rest area and watched. A couple wipes of the wipers with no result. Then, sure enough, click---blink---back on.

What
The
Hell

Bad voltage? Condensation in something? I don't know. But I'm not going to cancel a corporate contact appointment tomorrow to take the car in and let them diagnose it. I'll let things 'dry out' tonight, pop the fusebox and also fiddle with the relays to make sure everything is tight.

I must say, however, that based upon the experiences of the last 3+ years driving a VW...I will never ever buy one or recommend them to a friend. Ever.

Shay's Rebellion

Today back in 1787, 2,000 farmers from western Massachusetts attacked the new federal arsenal at Springfield. The government soldiers returned fire, killing three of the farmers. This was the beginning of the end of the uprising known as Shays' Rebellion, named for Daniel Shays, the man who led the insurgents. Western farmers had made economic sacrifices during the Revolution, and they were outraged when creditors demanded that they pay their debts immediately. They blamed the eastern merchants who controlled the legislature and the courts, and sought to assert their independence. The effort ended in defeat. 200 rebels were captured and tried for treason. Five were sentenced to death. John Hancock pardoned them all, within weeks of being elected governor.

According to legend, Daniel and his men hid out in the "Horse Caves" of Amherst, MA during their retreat north. You can still visit these caves at the base of Mt Norwottuck, Notch Visitors Center, Amherst.

Go Pats!!

Go Patriots!

This day in history, 1966

From wired.com
(of note: A diver recovering one of the bombs below was the inspiration for the movie "Men of Honor", starring Cuba Gooding Jr.)

1966: A U.S. Air Force B-52 bomber collides with its refueling tanker jet in mid-air over the Spanish coast. Its four hydrogen bombs fall to earth near the fishing village of Palomares.

The bomber collided with the KC-135 tanker at 31,000 feet. Exploding fuel completely destroyed the tanker, killing all four crew members. The B-52 broke apart, spilling its payload -- four Type B28RI hydrogen bombs equipped with 1.45-megaton warheads. Three hit the ground near Palomares while the fourth fell into the Mediterranean Sea.

Three members of the bomber's seven-man crew were killed in what became known as the Palomares hydrogen bombs incident.

Although the conventional explosives contained in two of the four bombs detonated, there was no nuclear holocaust. But there was radioactive contamination around the crash site, with plutonium scattered over 2 square kilometers. Around 1,750 tons of earth was excavated and shipped to the United States for disposal.

The bomb that landed in the sea went missing for 80 days and became the object of an intensive search by the United States, which was afraid the Soviets might try to recover it.

A local fisherman, Francisco Simo Orts, had seen it hit the water and was enlisted to help the U.S. Navy establish the basis for its search operation. When the bomb was finally found, Simo Orts turned up in New York with an attorney, demanding the salvage award he claimed was due him in accordance with maritime law.

The U.S. secretary of defense said the bomb was worth $2 billion. Simo Orts asked for $20 million, or 1 percent of the bomb's value, again in accordance with the custom of maritime law. The Air Force eventually settled out of court for an undisclosed sum.

Weekends

I sit here, bored. I should be skiing. I took weekends off to go skiing. There is a slight problem with that plan, however. Apparently my significant other had previously made plans to go rock climbing, and I can't get anybody else to answer their phone. ARGH.

I generally do not ski by myself unless there is a fresh dump. Nothing, other than my job, will stop me at that point. But when the snow is old...unless it is really, really nice outside, I find myself getting bored very quickly when I ski alone. I'm not one of those "chat with random people" types when on the chair or waiting in line. Usually the line is filled with punk snowboarders and skiiers who have no manners. I'd rather ride with an old-timer or mature ski veteran, and share stories, but those types are harder and harder to come by.

Not that I am exactly the most veteran ski guy out there, but I have been skiing for probably about 20 years total. That's about right, I'm 29, started when I was 4, and took 4 or 5 years off after Mt. Tom closed. So although I appear young in looks, I have had boards strapped to my feet for awhile.

I certainly can appreciate the antics that experienced boarders and skiers do...all those jumps and flips and twirls. Those guys who are experienced and usually pretty polite and willing to talk to you. I love watching them. I do not do that kind of stuff myself very often.

What I do not appreciate are people who stop in the middle of the trail and sit. That just so happens to most of the time be boarders. Those parents who stick their kids on trails way too advanced for them annoy me too anyway. That is one thing I remember when I was learning. You did not move on to the bigger trails until you proved you were ready. Absolutely not.

So what type of skiing do I like? Well deep powder isn't my favorite, but I do it anyway. Sooner or later that skill might come in handy. I admit, I like the groomers. I'm more of a Giant Slalom or Super G (super Giant Slalom) type skiier when it comes to competition. I'm not quite nutty enough to do all-out downhill style, but I do love the high speed and turns around wide spaced gates. I am told that average speeds at the World Cup level are 55 mph...which I can achieve on my skis, and have recorded a few times with the GPS. Of course, Hermann Maier is quite the guy. (after all, who could go through a fall like he did and get up practically unhurt?)

Because I don't compete, I usually take a deserted trail and let 'em loose once in a while. You can't do that with other skiiers around, it's just not smart. But there is no feeling quite like screaming into a turn, puttin up on edge, and feeling your weight demand to keep going straight. By some miracle, you do not, the turn is made, and you straighten em out to regain your speed. It gets hairy when you feel the side of your boot hitting the snow it it's chunky though. I took a good spill like that once, it wasn't pretty.

I also very much enjoy the preparation stage of skiing. Doing the hot wax, sharpening the edges, and letting the bottom of the skis talk to you. They can tell you what you are doing wrong or right. For instance, my bases after their initial few runs (new skis) are telling me that I am not putting my weight forward enough. They are longer than my other ones, and I am getting used to them. I will need to correct that the next time I go out.

Well there is nothing else to talk about right now, nobody has called me back, and I can't think of anything I can go do that will allow me to get back here by the time the lady arrives back here. I really would like to go on a nice long hike, but meh. Next week, however...I am going skiing.

Technology vs common sense

Well I am taking a break from my kitchen cleaning (yes I do that occasionally). The Washington/Seattle playoff game is on the TV, in the last 27 seconds.

I must say, the end of the game was somewhat exciting. Washington was ahead by a point, until a missed 30 yard field goal. This was followed by an interception that was run all the way back for a Seattle touchdown. Rinse, lather, repeat that a few more times and now it is Washington 14, Seattle 35. Hard to believe about 10 minutes ago it was Washington 14, Seattle 13. (btw by the time I finished typing this, the game is now over. Now I get to watch the Steelers. Yes, I like the Patriots. I also like the Raiders (yeah yeah rub it in), but the Steelers are pretty awesome. Roethlisberger is an excellent QB as well. I think he's 2nd in the league right now.

Anyway...to the technology part.

I was surfing the internet earlier today and came across this story of a dumbass who decided to turn his car onto the train tracks because his GPS told him to. To make it worse, this dude was a computer technician! Now I am a computer technician, and I can tell you that "common sense" is pretty much a prerequisite for our job. Apparently this guy missed the boat, however.

One really should not take what a GPS tells them literally. I use one every day, and you kinda have to look at the map and the roads and make up the difference. It is the driver's job to interpret that data that the GPS is giving you and make sense of it. The article states that the guy was "not familiar with the area." Sorry, that is not an excuse. I speak from personal experience, as I use my GPS every single day in areas that I am not familiar with. I have yet to end up on railroad tracks, ponds, or rivers. I am a full believer in darwinism...do something stupid that is way beyond "accidental", and well, stupid is as stupid does.


Check out the article from http://lohud.com/

BEDFORD HILLS - A 32-year-old Californian whose rental car got smashed by a Metro-North train last night was issued a minor summons for causing the fiery crash that stranded railroad commuters for hours.

Bo Bai, a computer technician from Sunnyvale who said he was merely trusting his car's global positioning system when he steered onto the tracks, was cited for obstructing a railroad crossing, officials said this afternoon.

The railroad's Harlem Division trains were back on schedule this morning after crews spent hours repairing more than 200 feet of the electrified "third" rail damaged by the crash, said Dan Brucker, Metro-North spokesman.

Bai, who has been working in Fishkill, was driving west on Green Lane around 7 p.m., and told Metropolitan Transportation Authority police the GPS system instructed him to turn right as he was crossing the tracks. He was headed for the Saw Mill River Parkway, just past the tracks.

He got stuck, tried unsuccessfully to reverse and finally abandoned the 2006 Ford Focus minutes before it was slammed by a northbound Metro-North Harlem Line train, MTA police said.

"As the car is driving over the tracks, the GPS system tells him to turn right, and he turns right onto the railroad tracks," said Brucker. "That's how it happened."

Brucker added, "He tried to stop the train by waving his arms, which apparently was not totally effective in slowing the train."

No one was injured, but about 500 passengers were stranded for more than two hours. Three trains out of Grand Central Terminal were canceled and 10 others delayed by up to 90 minutes. The damage was repaired by 2:30 a.m..

Bai, who works for a Silicon Valley computer tech company, had rented the car from U-Save Car & Truck Rental in New Windsor, N.Y. He was not familiar with the area, and was therefore relying on the GPS device's navigation instructions, officials said.

"One computer brain listening to another," Brucker said, chuckling, this morning.

Bai will be held liable for the damage to the train and track, as well as other costs and loss of revenue, Brucker said.

Quite the week!

The New Year is off with a bang so far. New Years Eve we had dinner with some friends of ours out at Fitzwillys in Hamp. This time I actually got my food...which is a significant improvement over my last visit there when my food came out burned after I initially waited a half hour for it to come out, and by the time the waitress came back to ask how things were going I told her to send the food back, take it off the bill, and that I would not be eating there tonight.

Enough with that, however. Following the New Years Eve dinner, we hit up two parties. A co-worker was having one down the street, we hung out there for a bit. This was followed by a drive down to CT to meet up with some peeps there, and we ended up playing Bolderdash until 1:30 in the morning. Quite fun!

New Years day we were going to go skiing but the 6-9 inches of snow we were supposed to get turned into 2 inches of crap. Go weatherman! They did redeem themselves, however. New Years day we got whalloped, and we went skiing in about 6 inches of fluffy. We met up with a fellow friend, Jeff, and had a blast. Well, Jeff and I had a blast, Leah is not very crazy about the powda. We then had dinner with Jeff and Wenda, very yummy Chinese food.

We repeated the whole thing last night with a touch of night-skiing. What a difference a day makes. Instead of slower and powdery, the ski was packed and fast as ice! Awesome.

Tomorrow I return to work, but starting next week I get weekends off. Yay!!!