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Show Sat/Sun/Mon/Tues, October 1-4,2005 The Park Record A-2 Personal injury claims filed Don't jump! Utah Olympic Park says bobsled ride is safe and will not change its Public Ride Program By ANNA BLOOM 'Of the Record staff ;: Three individuals have filed personal injury complaints allegJng they suffered lower-back injuries from riding in the fourth seat of the bobsled ride at The Utah Olympic Park officials, however, say they have made no .changes to the Public Ride Program that serves thousands of visitors every winter season and :they will fight the charges. ;; Two of the complaints, on behalf of James Pearce, a Park City second-homeowner, and Xenneth Thorell, a dentist from Salt Lake, were filed last year -and are currently in the midst of litigation. The third, on behalf ;Margaret Hickey, who was visiting from out of state, was filed 'Sept. 15 of this year. All claim their injuries come from riding the bobsled nearly two years ago. Fred Silvester, an attorney with Silvester & Conroy, L.C., represents all three plaintiffs. "These are all separate cases, •but they all basically suffered ;burst fractures in the lower tho'racic and upper-lumbar regions •which is the lower-middle part of !the back - none of my clients ;were paralyzed but they've all •undergone lengthy rehabilitation and two were in body casts for :months," he told The ParkRecord. "Basically, we've got -these three rather serious incidents where people were just rid;ing the sled - they didn't fall out ;of the sled, they didn't do anything out of the ordinary. They just followed directions and all ;ended up with weakened backs." Silvester listed several similar- ities between his clients: all three riders were middle-aged, rode in the back "fourth position" seat of the bobsled, all were active, and now have injuries that limit their activity as a result of riding the bobsled. Silvester has not been able to find any other serious injuries among passengers who rode in the two front seats between the fourth position and the pilot (professional driver) of the bobsled, he reports. •'One of the things we've found, at least in the first case, is that the Sports Park really has done no evaluation or testing to see if it's safe to ride the fourperson bobsled," he said. "And I don't know if there have been any changes up there since [our clients rode the bobsled ride]." According to Ruth Shapiro, attorney for the park and the Utah Athletic Foundation, the organization that oversees the park's operations, the park has no plans to change its program, since nearly every other bobsled rider appears to walk away without a scratch. Of the 22,000 bobsled riders since 2002, she can find only six passengers that have reported injuries. "There are thousands of people who ride on that bobsled and the injury rate is de minimis," she claims. "There have been a handful of injuries over the course of eight years and compared to skiing or snowboarding, bike riding, roller skating, it is an exceptionally safe experience. And I think if you look at the overall record in regards to the injuries based on the nature of ride itself, where people are going 80 miles per hour with four or five G-forces, it's one of the safest activities." While court documents allege that the UOP gave Hickey "no instruction" regarding the ride, Shapiro says the park goes far beyond what is necessary when it comes to explaining what to expect during a bobsled ride. Before sitting in the bobsled, riders are given a 45-minute-long presentation that includes a video and both verbal and written explanations of the activity itself and the risks associated with the activity, she says. Passengers also sign a release informing them of those risks, she adds. "There is signage throughout the facility and posted throughout the ride itself explaining what to expect," she said. "The biggest point is that the Utah Olympic Park goes above and beyond what's even standard in the industry as far as informing people of the risks associated with the event." The Public Ride Program bobsled ride will continue to operate as it always has since it began in the winter of 1997-8, according to Shapiro. "The three lawsuits are being defended and will be defended aggressively by the Sports Park," she said. "The ride would not be operated if it wasn't safe and appropriate for the public." Silvester did not specify the amount of money his clients are demanding to cover the cost of the damages. "That isn't something we really evaluate until we finish all our discoveries," he explained. "But right now, my clients are looking to recover losses they've had because they haven't been able to work and medical expenses." Mournersrememberfallen deacon '• Continued from A-1 •was senseless. He's been snatched." ; Much remains unknown about the killing and the authorities in !\Vasatch County through the end £f the week had released little information. Two men - Cunny IPelaez, 19, and Antonio PalaezVasquez, 55 - are being detained }n the Wasatch County Jail on -charges of aggravated murder. ". Immigration officials have 'ordered the suspects, who are jfather and son, detained. Their address is listed on Deer Mountain Boulevard in Kamas, the Wasatch County Jail said. Bail is set at $100,000 on the aggravated-murder charges. Because of the immigration hold, the prosecutors in Wasatch County have more time than the -usual 72 hours to file formal Jcharges or release the suspects. -; If convicted of aggravated murder, the suspects face the death penalty. ^ Once formal charges are filed, the prosecutors will submit to the 4th District Court what is known as an 'information,' which is a court document that describes the details of the prosecution's case. The Wasatch County Sheriff's Office early Tuesday evening filed probable cause statements against the two, providing some details of the killing but primarily restating the information previously released by the Sheriff's Office and the county attorney. According to the filings, the investigators found that Armendariz and one of the suspects had been in school together The probable cause statements do not detail the relationship. The investigators said one of the suspects described the shooting and the weapon that was used. They believe a 20-gauge shotgun found at the scene was fired at Armendariz's truck while he was driving in an eastbound lane of U.S. 40 at the Mayflower exit. A shot struck Armendariz, who was driving, in the head, the truck lost control and rolled seven times, the Department of Public Safety has said. Armendariz died at the scene and his wife was taken to a Heber hospital, treated for minor injuries and released. A medical examiner found that the gunshot struck Armendariz in the head and he died instantly. The suspects, who the authorities said were in a van when the shotgun was fired, fled the scene but were captured in the vicinity, at the Lodge at Stillwater, trying to hide from the police, witnesses and the filing said. They abandoned the van, which was damaged in a collision with Armendariz's truck, and the investigators found matching brown shoes in the van and on the older suspect. The pending criminal case against the two appeared forgotten on Thursday night at the memorial. Sandy Foley, a St. Mary's parishioner from Jeremy Ranch, knew Armendariz for a decade and last saw him at a 5:30 p.m. Mass on Sunday. "He was the Hispanic leader in the community. We don't know how it's going to be. He meant a lot to the Anglo community and the Hispanic community. I don't know how to fill his shoes," Foley said. "It was just very tragic and unbelievable because there's so many people he helped in the community. It's hard to understand why anybody would do this." Museum will grow in October • Continued from A-1 ;tion intended to remain true to its purpose and preserve the historical integrity of its buildings. "Our organization and the board of trustees have discussed the goals of the project, and one of the things we want is for this to be a historical preservation project," said Morrison. "The building that we're moving into was Park City's library for something like 50 From 1919 to 1982, the space served as the town's library. Now it will house the Historical Society and Museum's growing collection of Park City History. But even before that, this Friday it will host a party. Morrison said the event will be a great opportunity to provide an update on the organization's plans and progress. "This is a great opportunity for us to circle back to everyone in the community and explain where we've been and where we're going," she said. "It's for everyone who supports the Historical Society," said Hopkins. The Park City Historical Society and Museum's annual Dungeon Party will happen on at the Park City Museum on Main Street from 5-7:30 p.m. on Oct. 7. The event is free for members of the Historical Society and Museum, and for those who are not, memberships will be available at the door. For membership rates or more information, call 649-7457 or visit www.parkcityhistory.org. QRAYSON WESTJPARK RECORD Twelfth-graders Jon Dalton (right) and Claire Paterson navigate a ropes course at the National Ability Center. The two are members of the Jump In club, which promotes personal leadership. Francis Town council primary • Continued from A-1 this summer - and I'd just like to get in there and put my two cents in," he said. "I'd like to see if we can't give the citizens a little better service." Keyes also has reservations about the developments moving in. "We have a small community, and I'd like to keep it that way. I know that as progress goes on, we have to have places for people to live, but I would rather not see eyesores develop - I don't want that to happen to our community." A project engineer for the Utah Department of Transportation for 40 years, Keyes says during his last term on council he helped to reconstruct the town's roads. "I guess I would just like to say that if people liked what I did before, I would like them to vote for me, and if they didn't like what I did, then I would imagine they would like someone different in there." Georgia Bates, a current coun- cil member, will also be running for reelection in the primary, but could not be reached for comment. Running for Mayor this year are candidates Rae Prescott and John Gordon Bergen. Incumbent mayor Paul Christiansen will not be running for reelection. Registered voters can cast their ballots from 7 a.m. to 8 p.m. at the Francis Community Building, 2317 Spring Hollow Road, Francis Town. For more information, call the Francis Town Clerk at 7836236. Parkite helped Katrina victims • Continued from A-1 "They'll be some good fried chicken soon," she said, predicting the "go-getters," as she describes them, will be accepted in Utah. Creer received accolades in a Sept. 25 performance review. She was identified early on as someone with "natural abilities to manage people . . . ," the review said. "Though she had no experience in shelter operations, she soon became a valuable member of the management team . . . This was not a simple shelter. We in essence set up a small town here with all the amenities," the review said. She said she has been offered a full-time job with the Utah office of the Federal Emergency Management Agency and plans to continue to volunteer for the Red Cross. After her time at the camp, Creer still remembers deciding she wanted to help. "I didn't think twice. It's my heart. This was living. This was life and death," she said. GOP renews bidforoil, gas in West By MIKE SORAGHAN MediaNews Group Wire Service Washington - Hurricanes Katrina and Rita have Republicans in Congress again calling for relaxing environmental restrictions on energy development on public lands in the West. They say those restrictions get in the way of oil and gas companies providing energy to the public. So House Resources Committee Chairman Richard Pombo on Monday proposed legislation eliminating many rules that energy companies have complained about. "This month, Mother Nature proved just how vulnerable America is to supply disruptions," said Pombo, R-Calif. "We must do more to increase and to diversify domestic supplies." The proposed legislation is unlikely to increase oil or gas supplies in the near future. Federal regulators are already approving oil and gas wells in Colorado and other Western states faster than industry can drill them. The Bureau of Land Management, which controls much of the West's drilling land, approved more than 6,000 wells last year. Producers drilled fewer than 4,000. A number of the provisions in Pombo's bill were rejected in negotiations that led to the massive, energy bill that passed Congress this summer and was signed by President Bush, such as drilling in the Arctic National Wildlife Refuge and allowing offshore drilling in areas now covered by a moratorium. Sen. Pete Domenici, R-N.M., said the energy supply disruptions caused by the hurricanes show an increased need to take another look at environmental rules. "In a push to get the urgent steps done now, we left the politically impossible for another day," Domenici said. "The recent hurricanes may have heralded the dawn of that new day." Environmentalists say Republicans want to use the disaster to carve out bigger profits for their allies in the energy industry. "They're waiving a host of federal regulations on public lands under the guise of *We have to do something in the wake of these hurricanes,'" said Dave Alberswerth of the Wilderness Society. "It ignores that there's already a big (energy) boom on Western public lands." Pombo's legislation,scheduled for a committee vote Wednesday, is part of a multi-pronged GOP effort to cut back environmental regulation in the wake of the storms. Bush on Monday urged Congress to clear away the "regulations and paperwork" that he says delay construction of oil refineries. And House Energy and Commerce Chairman Joe Barton, R-Texas, has proposed legislation encouraging new refineries. Pombo's bill would allow the Interior Department to waive limitations on drilling _ such as those protecting wildlife in winter - in the -event of a "significant disruption" in supply. Not all the exemptions would require an emergency. The bill would approve the use of private workers paid by the gas industry to process permits for drilling on public lands, and bar appeals of drilling decisions by the BLM. And Pombo's legislation would seek to encourage oil shale production in Colorado, Utah and Wyoming by reducing the amount that producers would have to pay the government for the oil they extract. 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