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Her complaint is that mall security personnel did not leap to her assistance. I watched the video and from the time she makes splash down to the time she is back on dry land is 13 seconds. Hell, most security guards I know can't run the hundred yard dash in that amount of time. (You can see the video and time it for yourself here.)
Her attorney, James M. Polyak, is quoted as saying, "We also want to know what happened, how it happened and who is responsible - and then we'll go from there."
OK, I'm going to try and explain it to this Einstein. A little lesson we shall call Walking 101.
When I was very young and started learning to walk, it became clear to me very quickly that certain things such as furniture, trees, light poles and other inanimate objects do not tend to leap out of your path as you approach. Therefore it is very important, in fact imperative, that you watch where the hell you are going. This was further explained by some guy named Newton who made it a scientific fact when he said, "Objects at rest tend to remain at rest." How important is this concept? Hell, even blind people use a cane or a dog to detect obstacles. So to explain to Mr. Polyak the what and how from his question: Your client, not looking where she was going, tripped and fell into a fountain.
The next part of Mr. Polyak's question asks, "Who is responsible." Let me analyze that very carefully. Was the fountain clearly visible. It appears from the video that the fountain was in plain view and that the mall had not tried to hide it or camouflage it in any way. Would a reasonable person have been able to avoid the fountain? The answer is a resounding yes, provided that one is actually looking as we discussed previously. So who is responsible for this tragic dip in the fountain? The answer can only be Cathy A. Cruz Marrero, our walking challenged fried.
My opinion is that this is a blatant money-grab by someone who obviously has some amount of disregard for the law. Hope the judge sees it the same way.
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