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!
Subscribe to:
Posts (Atom)