iceman Posted May 31, 2023 Report Share Posted May 31, 2023 https://www.journaldemontreal.com/2023/05/29/une-souche-dans-un-sentier-coutera-plus-de-33-m-a-un-club-de-motoneigistes?fbclid=IwAR1yR_Dst9Bt6Vcz-oQ-o-ElMiml404PegUKUGlCMDbWzd6U6QVZj6QOsDo_aem_th_AaF6-R7Y6luHsj02J_orwYeKFBxgPsSijhszsVdqacuOW0GZtpH-77dmssZ5OTM4LCA An Abitibi-Témiscamingue snowmobiling club will have to pay more than $3.3 million to an Ontario snowmobiler living with serious after-effects from an accident when he hit a tree stump on the edge of one of the club's trails. In January 2017, James Stover Clendenning was riding towards Amos on a newly developed section of the popular Trans-Québec 93 trail in Abitibi-Témiscamingue, when he hit a snow-covered tree stump. This caused him to lose control of his snowmobile and miss a turn, before violently colliding with several trees on the other side of the trail, which is maintained by the Club de motoneigistes MRC Rouyn-Noranda. His friend saw him suddenly rise from his seat, "as if he was being ejected", describes the judgment. He immediately rushed to Mr. Clendenning, who was unconscious. He then tried to call 911, but had to go back up the hill because he had no cell phone reception. Surgery and after-effects A doctor on the trail at the time assisted the victim. Later in the afternoon, the Ontario man was taken to hospital. He was hospitalized for about three months before finally being discharged. James Stover Clendenning underwent numerous surgical procedures, notably on his hip and shoulder. He had plates placed on several different ribs. He also had to be intubated and suffered convulsions. The father of five and owner of a large farm in Ontario is no longer the same, living with many after-effects of the accident. Not the same According to his daughter's testimony at the trial, "he always seems tired and has to take naps. He can't carry on a long conversation and often tells the same story on the same day to the same people." He is also no longer able to look after his farm in Ontario, which has been in his family for over 100 years, spanning four generations. "I'm more of an elder relative than a husband," the 59-year-old said repeatedly at the trial. For its part, the club had argued instead that the stump was not actually on the trail and that Mr. Clendenning had accepted the risks inherent in snowmobiling. Quebec Superior Court Judge Patrick Buchholz, however, disagreed. "The club was negligent in leaving the tree stump in place," wrote the magistrate in his ruling handed down earlier this month. The stump in question was 37 cm high and 11 cm wide, "which is certainly high enough and thick enough to cause a violent impact if struck by a snowmobile travelling at a speed of around 30 to 40 km/h", it reads. The snowmobile club was ordered to pay James Stover Clendenning nearly $3.3 million in moral damages and lost income, as well as over $300,000 to his wife and $30,000 to each of their five children. PLAYHARD and MrGutz 1 1 Quote Link to comment Share on other sites More sharing options...
Signfan Posted May 31, 2023 Report Share Posted May 31, 2023 Saw this on the CBC. Feel bad for the guy, but I don't think the judge ruled properly here. How do you hit a stump of that size? This is the sort of case that has caused all kinds of issues in Ontario for the OFSC. To the point that everything the organization does is centered around risk management and keeping the insurance bill reasonable. Sad situation all around. PLAYHARD and MrGutz 1 1 Quote Link to comment Share on other sites More sharing options...
iceman Posted May 31, 2023 Author Report Share Posted May 31, 2023 I never understood why they put those trees so close to the trail makes no sense. obviously judge not a snowmobiler or a fan of snowmobiling PLAYHARD and MrGutz 1 1 Quote Link to comment Share on other sites More sharing options...
doo4adoo Posted May 31, 2023 Report Share Posted May 31, 2023 The Club has insurance and right or not who ever has the insurance ends up paying for these. Can't imagine this stump being in the trail either. If it was then ok the club screwed up and should pay. All to say its sad to hear these stories regardless of who's at fault. My biggest fear when riding is an animal jumping on the trail, that and the crazies coming around the next corner. I started wearing a Tek Vest for some little peace of mind. No snow in the forecast this week for sure PLAYHARD and MrGutz 2 Quote Link to comment Share on other sites More sharing options...
Signfan Posted May 31, 2023 Report Share Posted May 31, 2023 4 hours ago, iceman said: I never understood why they put those trees so close to the trail makes no sense. obviously judge not a snowmobiler or a fan of snowmobiling Yep, that's the issue. Doesn't understand the sport. Its not a highway. MrGutz and PLAYHARD 2 Quote Link to comment Share on other sites More sharing options...
MrGutz Posted June 2, 2023 Report Share Posted June 2, 2023 On 5/31/2023 at 9:37 AM, iceman said: I never understood why they put those trees so close to the trail makes no sense. Snowmobilers are tree huggers too!! GutZ NSHM, poltodoo, GT Rider and 1 other 1 2 1 Quote Link to comment Share on other sites More sharing options...
NSHM Posted June 2, 2023 Report Share Posted June 2, 2023 On 5/31/2023 at 11:17 AM, doo4adoo said: The Club has insurance and right or not who ever has the insurance ends up paying for these. Can't imagine this stump being in the trail either. If it was then ok the club screwed up and should pay. All to say its sad to hear these stories regardless of who's at fault. My biggest fear when riding is an animal jumping on the trail, that and the crazies coming around the next corner. I started wearing a Tek Vest for some little peace of mind. No snow in the forecast this week for sure I feel bad for the snowmobiler,but It would be pretty tough to groom over a stump. Obviously it wasn't in the trail like all the other wannabe stumps that are still growing on the sides of the trails. I hope the club's insurance company fights this. PLAYHARD 1 Quote Link to comment Share on other sites More sharing options...
iceman Posted June 2, 2023 Author Report Share Posted June 2, 2023 (edited) 3 hours ago, NSHM said: I feel bad for the snowmobiler,but It would be pretty tough to groom over a stump. Obviously it wasn't in the trail like all the other wannabe stumps that are still growing on the sides of the trails. I hope the club's insurance company fights this. Certainly hate to see anyone get hurt anytime. agree totally i was thinking same thing about the grooming over this stump. do not know all the details maybe some sort of go around for a reroute? Who knows. “wannabe stumps” love this. Edited June 2, 2023 by iceman PLAYHARD 1 Quote Link to comment Share on other sites More sharing options...
PLAYHARD Posted June 15, 2023 Report Share Posted June 15, 2023 On 5/31/2023 at 9:37 AM, iceman said: I never understood why they put those trees so close to the trail makes no sense. But ya gotta admit, it's mighty handy how they put the beaches right by the water, eh?... P Hardy, MrGutz, dooright and 2 others 5 Quote Link to comment Share on other sites More sharing options...
Shore1066 Posted June 15, 2023 Report Share Posted June 15, 2023 Problem is this does set a president. Going to be clubs fault if someone tips over. NSHM and PLAYHARD 1 1 Quote Link to comment Share on other sites More sharing options...
Signfan Posted June 16, 2023 Report Share Posted June 16, 2023 Yeah the FCMQ needs to get their insurer on board to fight these. PLAYHARD 1 Quote Link to comment Share on other sites More sharing options...
smclelan Posted June 16, 2023 Report Share Posted June 16, 2023 True, something does not add up. A portion of the FCMQ permit is supposed to cover liability insurance, this should not land on club. PLAYHARD and NSHM 1 1 Quote Link to comment Share on other sites More sharing options...
MrGutz Posted June 17, 2023 Report Share Posted June 17, 2023 On 6/15/2023 at 10:20 PM, smclelan said: True, something does not add up. A portion of the FCMQ permit is supposed to cover liability insurance, this should not land on club. I agree, but I would bet the Liabilty Ins states on the 72nd page in fine print, Liability is for damages done or injuries occuring by the sled, not to the sled or rider. As well as a clause stating damage and injuries while on marked trails and not on private property adjacent to the marked trails. If said stump was just beyond the marked trail, and cleared for general maintenance, but not with in the maintained coridor, therefore not covered and defaults to the Insured leasie's general liability insurance policy. Think of the scene in the The Jerk at the Carnival Booth.... Or some Bull Shit like that. I feel I spend on a lot on Insurance and factory warranties, and these are designed to protect the companies, not the insured.... Later GutZ poltodoo and dooright 2 Quote Link to comment Share on other sites More sharing options...
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