“Actually, it only takes one drink to get me loaded. Trouble is, I can’t remember if it’s the thirteenth or fourteenth.”—George Burns
William Jasmin of Manchester is suing Charlie Corliss of Epsom where he suffered from injuries sustained when he fell from a tree stand on Corliss’ property, first alleged that he was, “hunting”. Jasmin seeks to recover injury compensation from Corliss through a lawsuit.
This suit has drawn the ire of the hunting community upon discovering that Jasmin had no hunting license and had been drinking beer when the fall occurred. Jasmine’s attorney acknowledged that Jasmin had been drinking on the day of the accident but told the Concord Monitor that, “(Jasmin) had only consumed one 16-ounce Pabst Blue Ribbon beer and was at or below the legal limit for intoxication.” He also told the Monitor that because of Jasmin’s serious blood loss, the blood alcohol test may not have been accurate.”
However, court documents filed by Corliss’ Lawyer, Mark Mallory charge that, “Medical records from Dartmouth Hitchcock Medical Center some three hours after the accident indicate that Mr. Jasmin has a .16 blood alcohol level …” .16? Three hours later?
In the Defendant’s Brief Statement filed on August 3, 2011 Mallory charged, 1) On information and belief, Plaintiff was in violation of RSA 214:1, was hunting without a license; 2) Was hunting without having completed a hunter safety education course approved by the New Hampshire Department of Fish and Game; 3) violated RSA 214:20 for engaging in hunting activities while being under the influence of alcohol and while in excess of the legal limit of .08. and, 4) Plaintiff unreasonably assumed the risk of all injuries by so mounting the tree without being tied off at all times by a safety harness.
In Response, Jasmin’s lawyer files a Motion to Amend the original writ on August 18th. Reasons set forth in the pleading attribute the need for the amendment because of a, “mistaken impression as to the exact purpose for which Mr. Jasmin was on the property at the time of the accident;” So Jasmin was not “hunting”, but “scouting” for a possible site for hunting on the property owned by the defendant…In November…The next amendment sought was to specifically make reference to the “metal ladder” that he climbed to get to the tree stand to “scout for deer” in the area…
I have been hunting since I age fifteen and I took my Hunter Education Course in the fall of 1980 when I was sixteen. I have been hunting for the past thirty-one years. Perhaps some approach the hunting method in the manner Attorney Branch describes, but I have never met anybody who does.
Drunk….No Hunting License…Using a tree stand not his to legally use….not properly using a fall restraint…This suit is now long overdue for its dismissal. Thankfully, the Senate and Legislature have undertaken the purpose to toughen up the laws that protect landowners in adding a provision to law that would require such a litigant as Jasmin to pay all fees and costs upon dismissal of such suits.
