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If there's a trail — be it snow, dirt, water or concrete — outdoors nut Carey Kish will find it. Follow his Maine outdoor adventures in his blog.

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October 13, 2005
Can money mend a broken heart?

I'm very sorry that you lost your wife Mr. Packard. Very sorry. There are really no words to ease the pain, even now, two years later.

Packard's wife, Joyce Ann Packard, drowned on Sept. 20, 2003, after falling out of her kayak and becoming pinned against the grate of the dam at the mouth of Sebasticook Lake.

And Packard himself, who jumped into the lake to try and save his wife, might also have died were it not for the quick action of some local folks on shore, as I recall.

A tragic accident.

But now Packard is suing Cianbro, who built the dam, contending "that she died as a result of the company's negligent design, construction and installation of the screen."

Two important items to note in this case: 1) Mrs. Packard wasn't wearing a life jacket while out kayaking that day, and 2) The current was stronger than normal because the dam was open for its annual drawdown.

Being out on the water without a life jacket is inexcusable. And you shouldn't go out without some knowledge of the conditions (i.e. risks) you will face.

Two costly instances of bad judgement.

I just don't see where Cianbro is liable here.

It was an accident.

And I don't see how suing makes it any better.

Posted by Carey Kish at 08:16 AM
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Comments

A classic example of natural selection...

Posted by Black Fly
October 13, 2005 12:53 PM

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