Winnipeg Free Press

Winnipeg Free Press (Newspaper) - June 25, 1981, Winnipeg, Manitoba Winnipeg free press thursday june 25. 1981 9 snowmobile race waiver upheld injured Driver can t collect by Pamela Fayerman an Accident during a snowmobile race at Beausejour in 1975 which resulted in permanent injuries to a racer was the result of negligence on bomb threat made to Speed tax refund a Man appeared in provincial court yesterday accused of threatening to Plant bombs at the Revenue Canada taxation office on York Avenue if he did t receive his tax refund immediately. Police said charges followed an Inci Dent tuesday when an impatient Man made the threat to a supervisor at the taxation office during a Telephone conversation. The caller was also said to have threatened to take hostages. After police were contacted a Man 40, was arrested tuesday night and charged with uttering threats. He was released on his own recognizance of and remanded to july 2. The part of both the injured Man and the official starter of the race a judge has ruled. But because the racer Ronald James Dyck signed a waiver before entering the race he is not entitled to collect damages from the race sponsor or the starter said or. Justice Guy Kroft of court of Queen s Bench. Although he made no award judge Kroft said in a written ruling that Dyck had been two thirds responsible for the finish line incident and the official starter Reginald Wood one third at fault. The judge set damages suffered by Dyck at following the Accident Dyck was in Hospital for nearly a month. He suffered multiple injuries to his head neck left and left Side. The Accident occurred when Wood with a chequered Flag extended with both hands moved out to the Middle of the track to signal the completion of the race. When he realized he was in danger of being hit by Dyck he jumped to the outside Edge and Eyck s Snow Mobile clipped Wood in the leg. Dyck s snowmobile then crashed into the out Side Wall of the track. Judge Kroft said that while he heard testimony to the effect that it is Normal for starters to move out on to the track surface to show the Flag he said it was Unne Cesary and negligent to move so far on to the track. Read racing rules judge Kroft said Dyck who was 19 at the time of the Accident read the racing rules prior to the event. They stated that the Driver elected to use the course at his own risk and the entrant thereby released the snowmobile association from All liability from injury. In addition he signed a waiver which stated that the snowmobile association assumed no responsibility for injury to entrants. The race was sponsored by the now defunct Manitoba snowmobile association. Judge Kroft said that Dyck claimed that even though he read and signed the forms they were like Mambo jumbo to him. I also noted that he said he really did t care what it meant and that he signed it because he knew he could not otherwise enter the race. He said. He regarded them As something used to avoid hassles and to frighten people off from judge Kroft said that while Dyck May not have appreciated the precise Legal meaning of the forms i am quite certain that he signed a document which he knew related to the responsibility of the snowmobile association in the event of an Accident. If he did not understand he should have sought an judge Kroft said one of the benefits of having competitors sign waiver forms is to protect race officials. In an inter View yesterday Wood s lawyer Patrick Metcalfe said organizations like the snowmobile association would never get volunteers if they thought they might be liable in accidents. A decision on Appeal has not yet been made. Trio spent nine Days stranded on Island three Morden men missing for nine Days on a fishing trip near grand rapids were found tuesday by easter vile fishermen and rescued yesterday morning by the Pas and grand rapids ramp officers. De linger Lawrence Warkentin and Vic Krassman arrived Home late last night after spending their trip stranded on a Cedar Lake Island near the old Chemarin settlement. Actually they were not lost. They were stranded out said a grand rapids ramp spokesman. He said the engine on the mens boat malfunctioned forcing them to set up Camp on the Island. The men were equipped for an Emer gency and had food remaining when rescued the ramp spokesman said. They were eating off the land a Little he said but they were pretty healthy. There s lots of fish in the Lake this time of one of the Trio s relatives reported the men missing to grand rapids ramp on monday. Police conducted a search with two boats and an aircraft. Two of the men had fished Cedar Lake last year the officer said. He said the Basterville fishermen had spotted the Trio s campsite and thought nothing of it until returning to Basterville where they heard three were missing. They then promptly reported their find to ramp who rescued the missing Trio at . Yesterday. When your jewellery is in a fix visit our jewellery repair department Lor expert Rop its. We specialize in All types of re pair service including Selling sizing half Shanks Pearl restringing and much More. Our everyday prices Are a tremendous value while we still maintain our High Standard of Quality. King sizing Mem i lilies Iok. 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