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Thursday, February 10, 2022

Even a novice plaintiffs' personal injury - products liability lawyer would see potential from a headline, "Snowmobile crash that seriously injured state senator included DNR enforcement chief. - Rodmen Smith reported that Sen. John Jasinski's snowmobile struck his snowmobile from behind, starting a collision that ended with Jasinksi under another sled."

 Polaris is the deep pocket in things, and collision avoidance technology is mature enough that it is routinely included in this year's range of modern automobiles.

Isn't it negligent to not put collision avoidance technology onto snowmobiles? For as much as they cost? Surely a jury might say so.

The Strib link

From that item -

 Jasinski told Smith at the scene that the left turn came up suddenly and that he was slowing to make the turn when the ski on his snowmobile crashed into the rear of the snowmobile track on Smith's machine.

 [...]

Scott Wakefield, president of the Minnesota United Snowmobilers Association, said the ride is part of a weekend program that his lobbying and safety group hosts for legislators and DNR officials. He estimated that nine legislators attended this year's event and five of them joined the ride.

Wakefield noted that riders were split into four groups, with about eight per group. Local guides went out with each group and all riders were prepped with safety information that reminded them to maintain proper spacing. They were reminded of fresh snow that would be churned into "snow dust'' that could impair vision, he said.

Wakefield said he doubted Smith's report that the left turn into the woods was not marked. Local snowmobile clubs are responsible for marking trails and they do an excellent job, he said.

[...]

Smith was not injured, and he reported that his DNR snowmobile was not damaged. The Polaris 850 sleds ridden by Johnson and Jasinski were loaded onto a trailer and returned to Cragun's, the DNR reports said. The windshield on the sled Jasinski was riding was broken off.

Conservation officer Westby said in his report that he contacted Morrison County dispatch to have a sheriff's deputy take over the investigation because "a Minnesota Conservation Officer was involved in the crash.''

Late Tuesday afternoon, the Morrison County Sheriff's Office filed a follow-up investigative report that offered a third and more detailed version of the crash. The latest report noted that Jasinski and Johnson were riding 2022 snowmobiles owned by Polaris, "demo models with no registration displayed."

Also in the group, the report noted, was Smith, the DNR enforcement director. He told sheriff's deputy Mark Dziewczynski at the crash scene that Jasinski and Johnson were state senators, and "they are requesting that [the Morrison County Sheriff's Office] write the crash," the report read.

The follow-up report said that "Jasinski might have been traveling a little bit too fast heading into a left-hand turn in the trail and clipped the back of the snowmobile ridden by Chief Rod Smith, and then Jasinski's snowmobile rolled, causing him to fly off the machine receiving injuries." A prior report indicated Jasinski and Johnson were driving 10 mph.

Jasinski's snowmobile was then hit by Johnson's machine, the report continued.

Sheriff's Office spokeswoman Mary Swenson said that law enforcement did not test any of the snowmobile operators for alcohol- or drug-related impairment because there was no evidence that anyone was under the influence at the time of the crash.

Dzieweczynski, who wrote the revised report, said he asked Johnson, 38, whether he had a valid snowmobile safety certificate, which is required of anyone born since Jan. 1, 1977. Johnson explained that he has a certificate, and it was noted on his driver's license. However, the endorsement "did not transfer over" when he received his enhanced driver's license, the report read. The deputy wrote that the same scenario happened to him but advised Johnson that he would have to provide the certificate upon law enforcement's request.

Aplikowski said Johnson went to the DNR office in St. Paul and got his snowmobile safety certificate.

A neat little case. No proof anyone was impaired. New 2022 loaner sleds to the two legislators, so latest technology - with operating unfamiliarity a factor. Proper distancing counseling before the group took off. With the lack of collision avoidance on the brand new loaner sleds, there was havoc, not safety.

Polaris is the deep pocket, and if they make the things safer, even if costing a bit more, who'd complain about a few extra dollars? 

Some lawyer could hustle a few bucks.