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TRAGEDY: Was this an accident?

| November 6, 2011 9:00 PM

My letter is in response to Mr. Valoff (last Sunday Readers Write article) and all the other "Armchair Quarterbacks" quick to judge with little or no information of the circumstance in question.

If you are correct that "In my opinion, there is no such thing as an ACCIDENT," then our old friend Merriam Webster was a fraud in defining it thus: Accident; a. an unforeseen and unplanned event or circumstance, b. chance rather than by design.

OSHA also has a definition for an accident which is very similar to Mr. Webster's. In short, a preponderance of evidence is there to totally destroy that part of your position. That being said we need to deal with the second part of your position, that being negligence.

I have been in the safety business, industrial and chemical, for more than 30 years and will admit that negligence is in many cases the cause. The question though is whether it was intentional or un-intentional. In the court system the question is whether it was excusable or un-excusable. In the case of a loss of life it is considered a homicide. Excusable "justifiable/non-felonious" homicide is not considered a crime while non-excusable "non-justifiable/felonious" homicide is. If the foregoing weren't understood then such things as Workman Compensation, Auto and Life Insurance, OSHA and the Labor Board would not be necessary because negligence renders accident coverage and rules unnecessary.

There is a reason for the system we have for justice in this country and that is the opportunity for matters such as this to be settled by people with the experience and knowledge to judge such things. I am also aware that most "Arm Chair Quarterbacks" never even sat on the bench much less threw the ball in an actual game.

In closing it is very evident that you don't know the facts, that you don't know the definitions by which to properly judge this, and it's abundantly clear that you do not and most likely will not be in any position to make the final call.

An old Indian saying: "Don't judge a man until you've walked a mile in his moccasins."

LEE HAYNES

Smelterville


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