INSIDE THIS ISSUE
JUNE 2017
It’s The Law TCSD Contacts Board Members Member Profile
1 3 4 4
TRIATHLON CLUB OF SAN DIEGO
New Members 4 TCSD Gathering: Katherine Nichols 6 Weekly Workout Calendar 5 TCSD Conversation 7
Race Report: The Whiskey Coach’s Corner How to:
16 20 22
TriNews
IT’S THE LAW: By Richard L. Duquette, Esq. BICYCLISTS’ RIGHTS AGAINST PUBLIC ENTITIES:
JUNE CLUB GATHERING
Potholes to Trails
Thursday, June 8th Special Guest
KATHERINE NICHOLS presented by Babbittville Radio Schedule: 5pm Food/Social/Expo 6:30 Club Announcements 7pm Feature Presentation Location: Function Smart
JUNE TCSD RACE CALENDAR Aquathlon Location: La Jolla Shores June 15, Thursday Beginner Triathlon June 17, Saturday Glorietta Bay, Coronado Refer to the Club’s website for complete activity listings and information.
T
his three-part article focuses on imposing liability against state and local public entities in California. It does not address federal liability, which is governed by the Federal Tort Claims Act. The intent is to generally explain how bicyclists can protect themselves in a variety of situations, including when they face pitfalls such as governmental immunity. Part one addresses general principles of government liability and the procedural requirements for filing a claim. Part two discusses the different types of government tort claims. Part three will discuss the various immunities to liability that governments enjoy. Historically, public entities were immune from liability. This immunity was known as “sovereign immunity.” The idea behind this ancient doctrine was rooted in the divine right of kings, with the belief that when acting in his official capacity, “the king could do no wrong.” In the modern era this has changed. In 1963,
the California Tort Claims Act (CTCA) was created by legislation. Following a trend set by the courts that immunity should be the exception rather than the rule, the CTCA essentially says there is no public entity immunity except when allowed by statute. Part two of this series will address the situations where liability is imposed by statute, while part three will address the situations where immunity is the rule. The remainder of this installment will outline the procedural pitfalls involved in bringing such a claim. For San Diego, potholes can be report and document online on the city’s website; http://tiny.cc/e7ggly. So, assuming you have a meritorious case against a government entity and sovereign immunity does not apply, what happens next? There are a number of things you need to be aware of that make these cases procedurally more challenging than a case against a private entity. continued on page 14
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JUNE 2017 2
JUNE TCSD MEETINGS, CLINICS, RACES & RIDES*
CONTACTS Triathlon Club of San Diego P.O. Box 2580 Carlsbad, CA 92018 www.triclubsandiego.org Send correspondence to the address above or contact President, Kai Nakamura. Membership & Renewal $75/year, $60 active military (w/active ID). Additional years available at discount. TCSD membership (online) at http://tiny.cc/v3xypw TCSD e-lists Subscribe to the TCSD e-mailing list by sending a blank email with your name in the body to: TCSD-subscribe@yahoogroups.com
NEWSLETTER STAFF AND INFORMATION Publisher & Design/Production Sprague Design, Dean Sprague myhideano@hotmail.com (858) 270-1605 Editor Alexis Barnes asdbarnes@yahoo.com (718) 216-8555 Newsletter Articles and Ideas Please send to Dean Sprague at dsprague@triclubsandiego.org and/or Alexis Barnes at asdbarnes@yahoo.com Contributing Writers: Smitha Barki, Richard Duquette, David Knight, and Craig Zelent w/Steve Sutherland
TRICLUB ESSENTIALS
TCSD BEGINNER RIDE
TRI 101
Monday, June 19th 6:00pm
Saturday, June 24th 8:30am
Date: TBD
Come find out what makes our Club awesome and hear about the latest and greatest and all things TCSD. This is a great opportunity to hear about all the Club has to offer, learn the basics about the sport of triathlon, and meet your new best friends/training partners. If you are new to the sport, or just new to the Club, this meeting is for you! NON-MEMBERS ARE WELCOME! (bring a friend!), no RSVP necessary.)
Beginner Bike Ride is a 9.66 mile route in Fairbanks Ranch/ Carmel Mountain and the 56 bike path. The route has a total ascent of 727.06 ft and has a maximum elevation of 552.33 ft. Nobody gets left behind. If you are not a beginner still come out to join us, we can always use help and company. Helmets are MANDATORY. Remember to bring water, favorite sports drink and flat repair kit. Optional 5K run after the ride. Bring your run gear if you plan to join. Helmets are MANDATORY. Remember to bring water, favorite sports drink and flat repair kit. Option: 5K run after the ride. Bring your run gear if you plan to join.
Get the year started off right and get the answers to these questions and more at the monthly TCSD Tri 101! How fit do I have to be? How long do I have to train? What equipment do I need? What do I wear? Do I need a wetsuit? What kind of bike do I need? Can I do one on my mountain bike? How do I get started with my swim training? What are good first time races? How can the club help me? HOW DO I GET STARTED? The monthly talk is specifically designed to get you started in the sport of triathlon, and our goal is to de-mystify triathlon, and remove the ‘intimidation factor.’ All questions fair game and NON-MEMBERS ARE WELCOME! Bring that friend or relative!
Location: Pulse Endurance Sports 7638 Clairemont Mesa Blvd. San Diego, CA 92111
(858) 384-2867 map: http://tiny.cc/am6ea Contact/Questions: Deborah Jones Deborah.jonessd@gmail.com
Schedule of Events: 8:30am Bike Q&A and safety talk 9:00am Wheels Roll
Location: TBD Contact/Questions: Beginner coaches at coaches@triclubsandiego.org
Meet up Location: Moment Bicycles - Carmel Valley 5965 Village Way, E-100 San Diego, CA 92130 (619) 523-2453 map: http://tiny.cc/jt94hy Contact/Questions: James Ismailoglu, membership@triclubsandiego.org
*ALWAYS REFER TO THE TRI CLUB’S WEBSITE AND CALENDAR FOR THE LATEST EVENTS, UPDATES AND DETAILS. DATES, LOCATIONS, EVENTS, GUESTS. ALL EVENTS ARE SUBJECT TO CHANGE.
All dates and events subject to change. * Refer to the Club’s website/calendar for additional workouts and latest information.
WWW.TRICLUBSANDIEGO.ORG 3
TCSD BOARD MEMBERS
MEMBER PROFILE
President
Kai Nakamura
president@triclubsandiego.org
BOB CUNNINGHAM
Vice President
Darrell Steele
vicepresident@triclubsandiego.org
Nickname: Bob (With only one ‘o’ in the middle. I’m amazed how often folks get that wrong.)
Treasurer
Melissa Sosnowski
treasurer@triclubsandiego.org
Secretary
Tracy Cohen-Peranteau secretary@triclubsandiego.org
Program and Events Officer
Tim Price
eventsdirector@triclubsandiego.org
Marketing Office
Marison Beniek
marketing@triclubsandiego.org
Member since: 2009 Web/URL: Not recently updated... Gotta get on that. bobisatrinewbie.blogspot.com
TCSD Board of Directors TCSD Board Advisor
bod@triclubsandiego.org Brian Long
TCSD Mentors
advisor@triclubsandiego.org mentors@triclubsandiego.org
TCSD VOLUNTEER COMMITTEE MEMBERS Beginner Coaches
James Ismailoglu
james@triclubsandiego.org
Dean Rosenberg
coaches@triclubsandiego.org
Steve Tally
coaches@triclubsandiego.org
Bike Case Rentals
Bob Rosen
brosen@triclubsandiego.org
Club Historian
Ian Kelly
ikelly@triclubsandiego.org
Expo Coordinator
Danny Arnold
dannyarnold13@gmail.com
Age Group: M60-64
Ironman Coaches
Craig Zelent
tricraigz@yahoo.com
Status: Single
Membership Director
James Ismailoglu
james@triclubsandiego.org
Occupation: Software for real-time embedded systems and instrumentation. Basically, I get paid to create and play with tech toys.
Newsletter Editor
Alexis Barnes
asdbarnes@yahoo.com
(718) 216-8555
Newsletter Publisher
Dean Sprague
dsprague@triclubsandiego.org
(858) 270-1605
Race Director, Aquathlon
Jay Weber
Favorite local restaurant: Mi Ranchito in Rancho Penasquitos. Best burritos on the planet. Offshore Tavern & Grill on Morena in Mission Bay. Everything’s good. When not training, I enjoy: TCSD meetings & socials. Volunteering as an usher for local plays, and reading SciFi. Before I became a triathlete, I was: A total slacker! Had a nice bike I rarely rode. Did a few 10Ks in the ’80s. Who or what inspired you to start triathlons? Romance! I happened to find a TCSD triathlete on Plenty of Fish. She started me swimming (no irony there), then took me to the Thursday BOWS. The relationship went on to become a forever best-friendship, and triathlon stayed. I’m still at BOWS, but now as a co-leader and teacher. My first triathlon: Spring Sprint, 2009 (I think...)
JUNE 2017 4
(760) 214-0055
Race Director, Duathlon Race Director, Triathlon Social Director
Jennifer Potter
Sponsorship Director
Tina Valle
sponsorship@triclubsandiego.org
Swim Director
Chris Costales
tcsdswim@gmail.com
Swim Director, Open Water
Trevor King
trevor@EnergyLabTraining.com
TCSD Cares
Steve Tally
stally@triclubsandiego.org
Track Coach, UTC (Spring/Summer) Bill Gleason
gleasoncoaching@gmail.com
Holly Stroschin
trainerhollys@gmail.com
Track Coach, North County
Mike Plumb
mplumb@triclubsandiego.org
Volunteer Coordinator
Monica Sberna
sbernamm@gmail.com
Youth Team Coach
Holly Stroschin
tcsdkids@triclubsandiego.org
Web Administrators
John Hill
jhill@triclubsandiego.org
(858) 717-1114
RUN
BIKE
SWIM
TCSD OFFICIAL WEEKLY WORKOUT SUMMER CALENDAR
FOR A COMPLETE LIST OF OFFICIAL CLUB WORKOUTS, REVIEW THE WORKOUT SCHEDULE ON THE CLUB’S WEBSITE. Monday 6:00 AM Ocean Swim, advanced/expert swimmers 6:00 PM
•
•
Location: La Jolla Shores.
•
Location: Tamarack Beach.
6:00 PM
Ocean Swim in Carlsbad
6:00 PM
Open Water Swim
6:00 PM
LJHS Swim Workout (Coggan Family Aquatic Complex)
•
Location: Glorietta Bay, 1975 Strand Way, Coronado. •
Location: 800 Nautilus St., La Jolla.
Tuesday 6:00 AM Pannikin Bike Ride
•
Location: Pannikin - 7467 Girard Ave., La Jolla.
6:00 AM Ocean Swim in Carlsbad
Location: Tamarack Beach.
•
6:30 AM Bike Workout in Point Loma, Group ride
•
Location: Moment Cycle Sport, Liberty Station.
5:45 PM
Track Workout at UCSD, Coached session 9730 Hopkins Drive.
•
Location: Triton Track and Field Stadium (UCSD)
6:30 PM
Run Workout in Carlsbad/North County, Coached session • Location: Starts at the Bike Trail that runs between Carlsbad Village and Tamarack Ave. parallel to the Coaster tracks.
Wednesday 6:00 AM Ocean Swim, advanced/expert swimmers
•
Location: La Jolla Cove.
Location: Tamarack Beach.
6:00 PM
Ocean Swim in Carlsbad
6:00 PM
LJHS Swim Workout (Coggan Family Aquatic Complex)
6:00 PM
Trail Run
•
•
•
Location: 800 Nautilus St., La Jolla.
Location: Pulse South Bay, 1020 Tierra Del Rey # A2, Chula Vista.
Thursday 6:00 AM Ocean Swim in Carlsbad 6:15 AM Pannikin Bike Ride
•
•
Location: Tamarack Beach.
Location: Pannikin - 7467 Girard Ave., La Jolla.
6:30 AM Bike Workout in Point Loma, Group ride
•
Location: Moment Cycle Sport, Liberty Station.
Location: Ventura Cove (every other week until June)
5:30 PM
Open Water Swim Workout
6:00 PM
BOWS Swim Workout (Beginners’ Open Water Swim)
•
•
Location: Bonita Cove, Mission Bay.
Friday 6:30 AM First light ocean Swim 5:30 PM
•
Ocean Swim in La Jolla
Location: La Jolla Cove.
Saturday 8:00 AM Bike Workout, TCSD Group Ride
•
Location: Meet at Starbucks in Del Mar, Hwy. 101 & 15th St.
8:30 AM Bike Workout, Group Ride
•
Location: Revolution Bike Shop, 235 S. Highway 101, Solana Beach.
8:30 AM Bike Workout, Group Ride
•
Location: Moment Cycle Sport, Liberty Station
Sunday 8:00 AM Bike Workout, Group Ride
•
Location: Moment Cycle Sport, Liberty Station.
Being a Swim Buddy for just about every local race I don’t buddies when Tom Washington can’t make it. (Stick around doing something long enough at TCSD and you get put in charge!
PR/Best race: I’m at the point where I’m just glad to finish, knowing I did the best I could for that race on that day. In other words, I’m slow. But I have a master plan to get on the podium: Keep racing until there are only three in my age-group! I have committed myself to doing at least an olympic tri on my 80th birthday. It provides great motivation to not be seduced by short-term gains, nutrition and training fads, and increased injury risk. This year's athletic goal: Did Oceanside 70.3, my first ever half! It's so good to have my “A’ race behind me already. The rest of the year will be spent figuring out if I have a full-distance race in me, and, if so, how to make it happen. And maybe get my USAT Level 1 Coaching certification and focus on adult beginners (and post-injury re-beginners). Can’t race without: Caffeinated gels.
Location: La Jolla Cove.
•
Favorite Race/Tri event(s): San Diego Triathlon Classic. Best transition and bike route.
Favorite segment (swim, bike or run): Swim! I didn’t learn how to swim until I was 52 and first wore a triathlon wetsuit. It released my inner fish.
Location: La Jolla Cove.
Ocean Swim in La Jolla
Pre and/or Post event ritual: Get parked before transition opens. Get set up early, then mingle to get rid of pre-race jitters.
Most embarrassing or disastrous moment: First race: I did the run wearing my bike helmet. Second race: I wore my bike gloves on the run.Improving race performance happens one step at a time. My greatest ”lesson learned” was making the mistake of doing the 10K run after blowing out my quads on the bike leg of my seccontinued on page 18
* Refer to the Club’s website/calendar for additional workouts and latest information.
WWW.TRICLUBSANDIEGO.ORG
5
TCSD GATHEING: BOB BABBIT w/KATHERINE NICHOLS SPONSORS OF TCSD MULTISPORT
Moment Cycle Sport Contact: JT Lyons 2816 Historic Decatur Rd., Ste. 135 San Diego, CA 92106 (619) 523-BIKE and Moment Bicycles - Carmel Valley 5965 Village Way, E-100 San Diego, CA 92130 (619) 523-2453 www.momentcyclesport.com Discount: 10% off product, labor excluded.
Join us for another great presention brought to us by Badbitville radio. Katherine Nichols is a former teacher and longtime journalist who has contributed to numerous publications, including the magazines for The New York Times and San Francisco Chronicle. An athlete since childhood, Katherine is a three-time finisher of the Ironman Triathlon World Championship in Hawaii. She grew up in Coronado and currently lives in Boston.
Her new book “Deep Water”... Real stories. Real teens. Real crimes. A group of teens traffic drugs between Mexico and California in this start to the brandnew Simon True series. It’s 1971 in Coronado, a small southern California beach town. For 17-year-old Eddie Otero, a skilled waterman and avid surfer, life is simple. Then a friend makes him an offer: Swim an illicit package across the border from Mexico. The intense workout is dangerous. Thrilling. Lucrative. And the beginning of a small business. When the young entrepreneurs involve their former high school Spanish teacher, the smuggling adventure grows into a one hundred million dollar global operation. Soon they become fugitives. Living on the edge, they vow to return to their normal lives—right after one last run...
TCSD BIKE & WHEEL CASE RENTAL PROGRAM Pulse Endurance Sports Contact: Mike Drury 1020 A-2 Tierra Del Rey Chula Vista, CA 91910 (619) 656-5222 and 7638 Clairemont Mesa Blvd. San Diego, CA 92111 (858) 384-2867 www.pulseendurance.com Discount: 10-15% off.
TCSD has traveling bike and wheel cases for rent! We have hard-shell single and double bike cases, and wheel cases that will hold three wheels. The single cases are shippable by UPS and FedEx. Deduct $10 if renting both a bike case and a wheel case. To reserve a case or if you have any questions, contact Bob Rosen brosen@triclubsandiego.org
Rates per week: Single case $25 Double case $40 Wheel case $25 APPAREL & EQUIPMENT
W
e are always looking for race reports. Share your latest experience, your first or 500th event. No two races are the same. Stories need not be just about triathlon, they can include running, cycling, tri travels… etc., whatever you think other club members may
find interesting. Without content,
Aqua Sphere www.AquaSphereSwim.com Discount: Products sold through local retailers with TCSD discount.
this newsletter will end up being
Share your race report
just ads, and that is no fun. Submission date is the 17th of each month for the
or adventure.
following month’s publication and should include photos whenever possible. Any questions on the submission process, please contact the publisher or editor for complete details. See page three for contact info.
JUNE 2017 6
TCSD CONVERSATION WITH: By Craig Zelent
“
Steve Sutherland
”
I recently talked triathlon with long time TCSD member and USA Triathlon Age Group Committee Chairman Steve Sutherland. Steve gives a ton of his time to our sport, and he is absolutely someone you should know, despite occasionally wearing his bike helmet backwards. I know you will enjoy reading Steve’s story and getting to know this great guy.
SPONSORS OF TCSD
Castelli Discount: Available on TCSD Member Discount web page.
Oasis One-Twelve www.OasisOne-Twelve.com Discount: 10% discount
Road Runner Sports 5553 Copley Dr. San Diego, CA 92111 (858) 974-4455
Craig: What sports did you do while growing up? Steve: I was born near Ventur, and grew up as the oldest child in a large family. My Dad was an officer in the US Navy so we moved around every couple of years mostly in California and Hawaii although we did spend a few years in Washington DC, Maryland and Rhode Island. When I was an infant we lived in Ocean Beach and Pacific Beach, Finishing the SDIT run at Seap ort Village. and Mom took me to the beach from the very start. My mother always encouras a very natural thing. As we got a little older, aged us to go outside and play; I think, in part our bicycles became a staple form of transportabecause raising five active kids with Dad away tion. constantly at sea or on assignment was a real I was also fortunate that my parents strongly challenge. believed in teaching children to swim at an early Organized sports became an important part of age; my first swimming lessons happened around our lives. My brothers, sister and I all played the same time that I learned to walk. I competbaseball, basketball, track and field sports, and ed in surfing contests, got on the podium a coubecause we always lived by the ocean, swimming ple of times and even toyed with the idea of tryand surfing became a big part of my life. As a ing to make the pro tour, but I knew deep down family we also hiked, camped, fished and were inside that I wasn’t nearly that good. My always encouraged to try out new things. We all involvement in sports and sports competition grew up associating active outdoor sports
ROKA https://www.roka.com Discount: 30% off swim items, 20% off run apparel, cycling apparel, triathlon apparel, and sunglasses.
Rudy Project www.e-rudy.com Discount: 40% off helmets and sunglasses. CODE: Available on TCSD Member Discount web page continued on page 8
continued on page 8
WWW.TRICLUBSANDIEGO.ORG 7
SPONSORS OF TCSD
CONVERSATION, continued has continued in one form or another continuously since then.
Xterra Wetsuits 7810 Trade St #200, San Diego, CA (858)565-9500
Zoggs Goggles Zoggsusa.com
COACHING & FITNESS
Energy Lab Training Contact: Trevor King email: ftrevorwking@yahoo.com www.energylabtraining.com
Evolution Multisport Contact: Chris Holley www.evolutionmultisport.com www.chrisholleyhealthcoach
What was your first triathlon experience like? Steve: For many years, my friends told me to try out triathlon. One of the first times I recall being encouraged to sign up for a race was around 1980. I rode my bike to The Plunge for a swim, and someone I knew suggested that since I biked and swam a lot, and competed in other sports, that I might want to sign up for triathlons. The idea sounded a little farfetched at the time, and it wasn’t until 2002 that I decided to put the time and energy into training and competing in a local race. My training was based on an eight-week plan on paper that I bought from Mrs. T’s. Even with good prep I was still quite naïve about racing but there I was at the Mission Bay Sprint in the fall, giving it my best Fiesta Island bike cou rse of Tritonman. shot. When I stood up at the end of the swim I felt dizzy and almost fell over. I took the overall supportive forever in transition getting out onto the bike nature of our mem-bership are priceless. And course, and when I was about halfway around I’ve made many friends through the club, Fiesta Island, I started laughing like crazy, with including Bill Dusting, Tony Berg, Gary Sowell, the sudden thought that “Holy cow, I’m really Charlie Szentisi, Mike Plumb and many more. doing this!” For the transition to the run, I You have been very involved in USA was, again slow, carefully pulling on calf Triathlon over the years. When did that length basketball socks and Nike basketball relationship begin and what have been shoes before doing a slow shuffle out to the run some of your highlights? course. When I finally crossed the finish line I Steve: I joined USAT in 2003 after reading a knew I was hooked. short article about the Age Group Committee
When did you join TCSD, and what has your membership meant to you? Steve: At that first race I met Jim McCann, and
The Fit Stop Human Performance Lab Contact: Ken Nicodemus (760) 634-5169 kjnico@roadrunner.com www.fitstop-lab.com Discount: see TCSD website for details. continued on page 11
JUNE 2017 8
he strongly encouraged me to come to the next TCSD meeting. I met a lot of very enthusiastic and supportive people at that meeting, and I knew that this was a resource that I absolutely needed if I was going to get better at triathlons. I think the club only had about 300 active members then, but they were all very involved, and their enthusiasm was contagious. It was an easy choice to decide to join the club. I have been a regular attendee since 2003, and I credit our club and our terrific members with a big part of my evolution as a multi-sport athlete. The free workouts, the club races, and
(AGC) in Transition Times, the precursor to the current USAT magazine. Chuck Graziano was seeking volunteers. I reached out to him and told him that I was still a newbie at the sport but I wanted to help if I could. My background in my professional life was a good fit for the type of committee work and support that Chuck needed. Almost immediately I was tapped to help create the USAT Hall of Fame. We are all very proud of that accomplishment. We selected our first class of inductees in 2008, and we now have over 40 individuals in the Hall of Fame including a number of TCSD members such as Bob Babbitt, Jim Curl, Paula Newby-Frazier, Scott Tinley and the late Jim McClaren. Chuck and I
also helped create the Athlete of the Year Banquet (with a lot of help from Kat Donatello), and I spent a lot of energy streamlining and improving the selection process for our Athletes of the Year (AOY’s). Our next project was getting USAT lifestyle awards defined and awarded, which we called the Multisports Awards (Lifetime Achievement, Volunteer of the Year, Comeback of the Year, etc.). I took over leadership of the Age Group Committee three years ago, and we continue to work on issues that directly impact our membership. In addition to the projects I mentioned above, the AGC is responsible for coordinating and moderating the Annual Town Hall Meeting held at the National Age Group Championships, administering a grant program for education in rules and safety, assisting with the administration of the National Rankings process and assisting in the Hall of Fame selection and induction process. We’ve tackled Clydesdale/Athena issues, initiatives to increase the number of race officials, and concerns brought to us by age group members. I write the annual committee report that we submit to USAT. None of these successes would have happened without the full support we receive from Rob Urbach, Tim Yount, the USAT staff and the USAT Board of Directors.
instance, the US Gymnastics Hall of Fame requires that inductees either be retired from the sport or be over 30 years old. If we waited for triathletes to retire before considering them for the Hall of Fame, we would have a lot of posthumous awards because endurance sport athletes just don’t quit. And a lot of our best athletes don’t even reach their peak until they are well over 30 years old, so that rule wouldn’t work. We decided to recognize candidates in three categories: elite athletes, age group men and women, and significant contributors to the sport. Our first class of inductees was named in 2008, and included Judy Flannery (age group athlete), Jon Gray Noll (President of Triathlon Federation, the predecessor to USAT), Verne Scott (Dave Scott’s dad, who helped write rules,
I suspect a lot of thought went into creating the USA Triathlon Hall of Fame. What went into making sure our Hall of Fame fit Mark Allen (holdScott, Scott Molina, ve Da s, ne guy who Jo e dg Ju : our sport? Scott Tinley is the left to right d. , ny lan er mo th re ce Su e 12 ev 20 St the llo, Steve: Chuck Graziano was very pas- For e amphora), Chuck Graziano, Kat Donate ing th sionate about that project. There were just out was unfortunately three of us (Chuck, Michael “Judge” Jones and I) who were the primary drivers of the effort, but of course many other people also contributed. One of the first moves I made was to call 19 other halls of fame and to find out how they operated including what rules governed selection of members, how did they honor those inductees, did they have a physical presence, and so on. Some of those halls of fame are ones you’ve heard of (the Baseball Hall of Fame, the Football Hall of Fame, the NASCAR Hall of Fame), some were a natural fit for our sport (the Swimming Hall of Fame, the US Bicycling Hall of Fame) while others were regional halls of fame covering many sports, such as our own Breitbard Hall of Fame in the San Diego Hall of Champions at Balboa Park. What I quickly learned was that a hall of fame for our sport would be managed a bit differently than other sports. For
of the picture.
sanctioning guidelines, and too many other things to list here), Karen Smyers (elite athlete) and Sheila Taormino (elite athlete and Olympian in swimming, triathlon and equestrian). That first ceremony was held in Colorado Springs at the Broadmoor Hotel, and was a stellar affair. The bar was set high for all the subsequent induction ceremonies that followed. We’ve since moved the annual ceremony around to other cities, including an amazing night in San Diego in 2012 at the Bahia Hotel when we inducted Mark Allen, Ethel Autorino, Bob Babbitt, Sally Edwards, Scott Molina and Scott Tinley. Dave Scott was on hand that night, allowing us to honor the “Big Four” who really helped popularize triathlon. By the way, I have to mention the incredible amphora that Judge Jones created for the awardees. They are unlike any award I’ve ever seen, and the inductees really treasure them. continued on page 10
WWW.TRICLUBSANDIEGO.ORG 9
CONVERSATION, continued The Athlete of the Year Banquet is another one of your creations. What is that event like? Steve: The Athlete of the Year and Multisport Awards Banquet is
ognize purely athletic achievement whereas the multisport awards highlight the triathlon lifestyle. And it's important to remember that many people come to our sport not to get on the podium, but to have a healthy lifestyle, to help them get over addiction, a personal loss or other challenges in life, or because they just enjoy the sport. Our multisport awards include Volunteer of the Year Award, Jeff Jewell Spirit Award, Military Sport Award, Most Inspirational Comeback Award, Spirit of Multisport Award and Lifetime Achievement Award. We have had some terrific keynote speakers as well, including Mark Allen and Chrissie Wellington. The attendees at that banquet in Milwaukee were really impressed with the stories behind the winners of those multisport awards, and many people told me after (and at our subsequent banquets as well) that the emotional content of that part of the evening's presentation was what really left an impression.
another one of our accomplishments that I’m very proud to have helped come to fruition. In 2011 Tim Yount came to us and discussed the possibility of a banquet to honor our athletes of the year as part of the national championship activities in Burlington, Vermont. Tim emphasized that we really had to hit it out of the park on our first go at this banquet or we would not have a second chance. We looked at possible venues for the banquet and settled on a dinner cruise on Lake Champlain. Tim and the USAT staff worked very hard to pull together the logistics with help from Chuck Graziano, Kat Donatello and I. The three of us took turns making the award presentations as the boat cruised on the lake right at sunset. We had about 125 attendees that year, and the feedback was terrific. During those first two years, we only had the Athletes of the Year as our awardees. Athletes were selected in triathlon and duathlon in overall, juniors, masters and grandmasters categories for men and women. When the national championships moved to Milwaukee in 2013, the decision was made to include our multisport winners as part of the banquet. This really put a different spin on the evening because the athlete of the year awards rec-
What is USA Triathlon doing in the area of minority involvement? Steve: USAT is interested in reaching out to underserved popula-
ffo r
tions, including minorities, youth, and women. We have been examining successful minority outreach programs that have been accomplished at the regional level, looking for those aspects that can be used at a national level. A great example is a program
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Steve and with wife, Heather, at Strawberry Fields called “Strive To Tri” run by Tarus Nelson and his wife in Washington DC. His program involves after school and summer camps for disadvantaged youth. The program focuses on several key points: (1) how to introduce triathlon to youth; (2) how to deal with the economic pressures of the sport; and (3) how to have good participation so they keep coming back. Tarus’ program has been recognized at the county and national level. It involves 90-minute sessions, three days a week, and a six-week swim boot camp. The program is tied to USAT and helps to keep kids engaged throughout summer. If I look around the room at any of our Tri Club meetings, I see a lot of people who look like me. We don't have a lot of diversity in the sport. I find this especially unusual in San Diego where we have such a large Hispanic population and history. We helped create a survey to gauge the amount of outreach by regional and club organizations to underserved populations. The results of that survey are helping USAT shape our outreach programs.
What is USA Triathlon doing to educate its members to make smart and healthy choices in the area of anti-doping? Steve: We are very concerned about doping and drug use in our sport, both from a race safety perspective and from a healthy lifestyle perspective. One challenge that we see is the legalization of marijuana. While certainly not a perform-
ance enhancing drug, marijuana is still a banned substance according to the World Anti-Doping Agency (WADA) and the US Anti-Doping Agency (USADA). Because triathlon is an Olympic sport and USAT is the national governing body of that sport, we fall under the WADA and USADA guidelines. Marijuana is legal in many states and probably will be legalized in more states soon, yet it is still a banned substance under Triathlon, Oxnard, CA. the rules that we must follow. It’s important to understand that when we talk about banned substances, they are banned “in competition”. That means the morning that you drive to the race, when you compete in a race, and when you drive home, you are ”in competition”. We are not interested in criticizing or regulating anyone's personal choices about lifestyle. There’s also a concern about the use of performance-enhancing drugs such as testosterone supplements by age group athletes, again in part because it impacts fair competition, Again, in part because of health risks. Drug testing of competitors is expensive and the administrative/chain of custody process is very challenging, thus we need to find more cost-effective ways of dealing with this issue. I’m part of a task force that is evaluating initiatives that USAT can take to educate the membership. Anyone interested in looking at materials that are available right now for anti-drug education can go to the USADA website and view the free training available there.
What are some of your favorite destination races? Steve: Lavaman on the Big Island! I’ve competed in the Waikoloa Lavaman twice and highly recommend it as a destination race. And wow, what a party at the finish line! I would fly over there for Lavaman every year if I could afford it. I also have great memories from Strawberry
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CONVERSATION, continued Fields (Oxnard), Vineman 70.3 (Sonoma wine country) and Lake Stevens 70.3 (near Seattle); sadly those races have been retired. Our USAT National Championship races are also a must for anyone looking for a challenging and fun destination race. The locations get moved around every couple of years, which I think is great. Most of our national championship races do not require qualification; in other words, you can just register for the race and compete, but remember that the level of competition in these events is far above what we experience here at local races.
I have raced USA Triathlon National Championships 16x’s in my career. I love that event and wish more TCSD members would join in on the fun. Nationals is in Omaha August 12-13. Why would you recommend racing Nationals? Steve: You can’t find a better venue for a high-quality race with outstanding competition than one of our national championships. The vibe of National Championship weekend is amazing, and you will really get pushed by top age group athletes at these races! The national championship you mention in Omaha is for olympic and sprint distance triathlon. We also have national championships for duathlon at Bend, Oregon; for Clydesdales and Athenas at Grand Rapids in June; for Youth and Juniors at West Chester, Ohio, in August; for aquathlon at
JUNE 2017 12
Austin, Texas, in October; for aquabike and long course triathlon at Miami in November; and many other championship races. Just go to the USAT website and click on Events, then National Championships, and you’ll see the full list with locations, dates, and links for registration. Our club has been very well represented at all the championship races every year, and we have a lot of members, like you Craig, who qualify for Team USA and represent the US at the world championship races.
You have done a lot of racing over the years. What have been some of the funnier things you have been a part of? Steve: During one of the first years that I competed in the Spring Sprint, I managed to put my helmet on backwards before I got out on the bike course. I didn’t realize I had done it, and as I passed people and got funny looks I assumed it must’ve been because I was really doing well in the race. It was only after the race when I saw the photos that the proof of my mistake was revealed. I still laugh about it a lot. I also did a minor goof while doing a trail race that helped come up with this piece of advice: Don’t wear your triathlon shoes with speed laces for an off-road race! During the Mission Trails Xterra race last year, I was wearing my triathlon shoes, and when I stepped in a muddy spot the shoe stayed put; the speed laces gently let my foot slip out, and I kept on running with just
Who would you like to thank for your involvement in triathlon? Steve: I’ve been blessed with a wealth of great friends who I’ve met through triathlon. At the top of that list has to be Chuck Graziano and Tim Yount, two of the best people you could ever meet. Many of the people I want to recognize are TCSD members, including Bill Dusting, Tony Berg, Charlie Szentisi, Bob Babbitt, Gary Sowell, and of course no list like this would be compete without mentioning Gerry Forman. I have to thank my coach for over a decade, Sergio Borges. And none of this would be possible without the love and support from my wife Heather, who has been there all the way, encouraging me, acting as my support crew, and giving me a big smile every time I finish a race.
Milwalkee, WI. 2015 AG Nationals in a sock on my foot. I had to turn around, fish my shoe out of the mud, hop around on one foot while putting the shoe back on, all while a sea of people were running around me. Of course, I was laughing the whole time. We can’t take our sport too seriously, almost none of us are getting paid to do it.
Who have been the most influential people in your life? And what have been the most influential experiences you have had? Steve: My mom and dad of course, for encouraging our participation in sports and outdoor activities when we were growing up. My siblings provided me with plenty of competition, and I’m laughing as I think of how competitive we made everything. In my business career I was lucky to have a couple of great mentors. In my late 20’s I worked for an aerospace company with Dan Curry, who showed through example and action how a person could be a great leader without being an overbearing bully. In my 40’s I had a fantastic mentor, Bob Schlesinger, who taught me a lot about building and growing a business, and whose advice I still hear sometimes in the back of my head. I’m lucky to have known my best friend Joe Bollinger for over 40 years, he’s always been there for me through thick and thin. Of course my wife Heather, my better and smarter half who has helped me have a rich, joyful life.
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If you could waive a magic wand over the sport of triathlon, what would you change? Steve: I would like to see some way to reduce the barriers that many people face when looking at triathlons, including the financial hurdle (equipment costs, travel expenses, high race entry fees). Another barrier that many people face is access to training facilities, especially swimming pools, and with that swimming lessons. Many children face a lack of after school programs and cuts in funding for athletic programs. Some of these things that we take for granted are out of reach for a large number of people who could potentially join our sport.
What are your future triathlon goals? Steve: I would like to keep racing for as long as I'm physically able and as long as it’s fun. I'm very fortunate to have good health and good supportive friends and family. And if by some chance I ever qualify for Kona or another world championship, that would be the icing on top of the cake.
Steve, thank you so much for sharing your story. You have done so much for our sport. USAT and TCSD are both lucky to have you. Keep up the great work! Good luck keeping your shoes on during your trail runs and with all your other lofty goals. Craig Zelent is a USA Triathlon Level 1 Certified Coach. Craig can be reached at (760) 214-0055 or tricraigz@yahoo.com.
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BICYCLISTS’ RIGHTS, continued SPONSORS OF TCSD
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part 1
Proceedure:
First is the issue of place. Unlike when suing a private company or individual, you cannot just go straight to court. At this stage in the process, the claim is an administrative one, not a judicial one. You have to first file a written notice of claim with the government entity you intend to sue (Gov. Code §910). Most public entities have their own form available online to streamline this process. These forms must contain relevant information and the factual basis for your claim. So in addition to filling them out properly, you should attach a copy of the police report, pictures, and proof of your damages in order to comply. If you do not know which public entity owns the land, you should file a claim with each entity that may possibly own it. You may not know whether the land you were injured upon belongs to the state, the city, or the county. In that case, file with all three. The agencies that do not own or control the property will send notice. San Diego County provides its claim form at https://goo.gl/nSyvDg, as an example of how the process works in practice. In some cases you will want to make sure not only that you have the right vertical entity (state, county, city), but also the right horizontal entity. For instance, depending on your injury, your claim may be against the local park district or the local transit district. Second, and equally important, is the issue of timing. Public entity claims have an accelerated statute of limitations. The typical personal injury case has a statute of limitations of two years, meaning that you have two years after the injury to file a lawsuit, after which your claim will be barred (Code of Civil Procedure §335.1). But with government claims, you have only six months to file the government claim form required to comply with the administrative process outlined above (Gov. Code §911.2). After this, the relevant entity will either admit liability or reject your claim. The public entity has 45 days to respond (Gov. Code §912.4). Failure to respond within this time is deemed a rejection, although it has a different effect. If
your claim is formally rejected by written notice, you have six months to file suit, measured from the day written rejection of the claim was delivered (Gov. Code §§913, 945.6). If written notice of rejection is not given, though the claim is still rejected, you have two years from the date of the injury to file suit, as with an ordinary personal injury claim (Gov. Code §945.6(a)(2)). Finally, once you get to court, there are additional pitfalls. Remember that there are always a few built-in disadvantages to plaintiffs litigating against the government. First, even in cases where sovereign immunity doesn’t apply, plaintiffs still cannot recover punitive damages against government agencies. This is because the deterrent rationale of punitive damages is not believed to apply to such cases. Second, the risk of ending up before a jury of taxpayers who are biased against such claims is significant. Moreover, if you do lose, the government will seek to recover their costs against you, which could include liening your home equity. The above is a summary of the procedural hazards plaintiffs face when they try to assert a claim against a government entity. These pitfalls are precisely why it is important that you get a wise and experienced attorney to help you with your claim, so you don’t lose an otherwise winnable case.
part 2
Immunities Shield
Part two discusses the different types of government tort claims. Part three will discuss the various immunities to liability that governments enjoy.
Government Land: This installment looks specifically at the kinds of cases in which an injured bicyclist will be permitted to sue a public entity. The first such category is the “dangerous condition” cases. To recover under the dangerous condition doctrine, the bicyclist must prove: 1. The public entity owned or controlled the property, 2. The property was in a dangerous condition, 3. The risk of injury was reasonably foreseeable. This last element of foreseeability means the
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risk was created by a government employee (it does not apply to natural conditions on unimproved land), or the public entity had actual or constructive notice of the risk. You can prove notice by witnesses, pictures, and prior complaints of the condition, so long as it is described with particularity (i.e. by GPS coordinates). You can sometimes identify prior complaints here. What is a dangerous condition? The answer is that it must create a substantial risk of injury, when used with due care, in a foreseeable manner. A dangerous condition is more than a trivial defect, minor or insignificant condition. For example, a sidewalk crack or lift of height of 1.5 inches may be trivial by law. So, you must factor in surrounding circumstances like tree roots, drainage issues, and sight limits. You will need to hire cost-effective experts to assist you in fighting back pretrial motions for summary judgment or adjudication. Assuming you go to trial, you will need to know how much the expert will charge to prepare and testify. Never underestimate the cost of a lawsuit. Then there is the issue of securing the necessary proof. You need to collect pictures, measurements, GPS coordinates, prior similar complaints of a dangerous condition, and any other evidence you have in order to prove that the entity was on notice of a defective condition.
Potholes: One particular threat to bicyclists on public roads and paths is potholes. Running into a pothole on a bicycle can not only cause major wheel and frame damage, but also often results in a rider being thrown headfirst off of their bicycle, leading to serious injuries. Because by definition potholes are found on paved roads and trails (and are not a natural condition on unimproved land), injured victims can sue the government entity responsible for maintaining the road. Contrast this with an unpaved trail on unimproved land, where the presumption is immunity. Nevertheless, they must prove, as with any defective condition, that the government entity had actual or constructive notice of the condition (Heskel v. City of San Diego, 227 Cal.App.4th 313 (2014). Proving actual notice is often difficult, but fairly straightforward. There must be a record of a complaint about the condition. These may be filed formally with the city or county responsible, where they are put in a database. Informal complaints may be found through Hawkeye and may bolster a claim of actual notice. If you can’t prove that a complaint was filed with the public entity putting them on actual notice, you can argue constructive notice. Constructive notice is when the condition was in existence for a long enough time and was obvious enough that the public entity should have known of it. If a pothole is found on a public roadway that is frequently trafficked, a court will be more willing to find constructive notice than if it is not very visible or on a paved bike path that is not as frequently traveled. In fact, this
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RACE REPORT: SPONSORS OF TCSD
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“The Whiskey OffRoad” is an “Epic Rides” Mountain Bike Race in Prescott, Arizona. This year’s 14th annual multi distant event was held on April 27-29. From San Diego, travel on I-10 East, just past Quartzsite, Arizona, then head north on the I-60 through “Skull Valley” into Prescott, altitude 5,000 feet. This is when the fun begins. On Friday, the 27th, I rode the 18 mile “15 proof” race. It’s called “The Whiskey” because it starts on famed “Whiskey Row”, an 1800’s downtown row of tall western saloons and shops. I’m talking about traditional old west saloons with swinging doors named “The Palace” or “The Bird Cage”. Inside there are long oak bars, mirrored bar backs, and Elk trophy racks mounted on the wall. The downtown race start is next to the old three-story early 1900’s courthouse built with granite blocks, centered in the middle of a park with tall trees.
The Start The start/finish is lined with vendors who genuinely offer to assist the race participants. For example, Stan’s No
16
Tube will refresh your bike tires for free. Many other venders such as Sram, Cliff Bar, Shimano, Four Peaks Brewing, Tasco Clothes and more added to the joyful atmosphere. Basically, it’s a mountain bike festival with music provided by various bands. On Saturday, there were the 30- and 50-mile races along with a pro women’s criterium. Sunday brought out the Pro Men and Women. Minutes before the race start, there appeared three tall cowboys, standing in the middle of the street looking like they were straight out of the movie “Gunfight at The O.K. Corral”. They sported wide brimmed hats, long coats, boots with spurs, and holstered hand guns. The race started with a loud BOOM as they pointed their guns to the sky and in unison pulled the triggers sending puffs of smoke floating off in the crisp morning breeze.
The Race All races start at 5,367 feet elevation. The “15 Proof” event (18 miles), starts with an eight mile climb to the Sierra Prieta overlook at 7,400 feet. It’s about a 10% grade, beginning on the road, then switching to gravel. On the way up, a cowboy popped out of the tree line at mile seven, with a holler, “Care for a shot?” He was holding a bottle of Jim Beam Black Label Whiskey in one hand, and a small Dixie paper cup in the other. He then says, “It’s a tradition!”
Making the Cut Off When I made the cut off at the Sierra Prieta
outlook, I took a couple minutes to refuel at the wellstocked aid station that welcomed riders. I then took a cell phone picture of the vast countryside.
packets, washed down by the water in your Camelback water pack. Some riders wore knee and elbow pads. I used my Garmin for mileage and to pace myself, although the trails were clearly marked. Consider layering your clothes, as you never know what the weather will do. Last year it snowed!
Single Track Now the real fun begins as I started down about seven miles of single track, over boulder gardens, rock stair cases and through four deep stream crossings. All doable. Be sure to check out the Epic Rides You Tube videos online for a preview.
Hitting the Pavement The last three miles are downhill on cone divided paved roads with police stationed at the intersections safely guiding traffic. This was a testament to the first class permitted race organization. As I crossed the finish line in about three hours, I was rewarded with a “Whiskey Off Road” beer glass and a free cold Four Peaks Beer.
Give it a Shot (no pun intended) Saddle up your mountain bike and hit the trails, Epic Rides does a professional job. Their off-road series includes the Whiskey Off Road, the Grand Junction Off Road and the Carson City Off Road for some good old fashion wild west fun. Two other race events are the “Tour of the White Mountains” and “24 hours in the Old Pueblo”. Good fun all around. Ride the Whiskey Off-Road. Choose from three different distance options of 15, 30 or 50 miles; each consisting of a carefully curated set of trails in Prescott, AZ.
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As I sipped my well-deserved “Hop knot” IPA, I enjoyed the pro women’s criterium through town, with all the big manufacturers represented, Specialized, Trek, and more. Local favorite Chloe Woodruff led the crit for several laps.
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After the Race
Once the sun set, we talked our way into the “Palace Saloon” for a hearty dinner with our Minnie Aussie and my dusty mountain bike in tow. The sound of live country music filled the air, and the walls were covered with murals of Steve McQueen, in Junior Bonner (filmed at the Palace) and others honoring the local fallen “Hot Shot” heroes who put out forest fires.
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Richard Duquette 3:16:21. As a reference, a 16 year old won the race in 1:33. The ‘Whiskey’ has a 96% finish rate. However, it’s no walk in the park.
continued on page 22
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BICYCLISTS’ RIGHTS, continued
TCSD MEMBER PROFILE, cont ond Tri Classic. Lost a toe nail and had bloody shoes from popped blisters, all due to being unable to maintain my usual running gait. An intentional DNF is *not* the worst thing that can happen during a race! Conveniently, there was a beer and wine garden to dull the pain. Love that race. My equipment: Wetsuit: Xterra Vortex (daily) and Xterra Vengeance (race). Before that I swam in a de Soto T1 for six years Bike(s): Titanflex with ISM Adamo road saddle. I got it when my bottom two discs degraded away. Wish I had gotten it a decade earlier, since road vibration causes tons of fatigue, and the Titanflex eliminates pretty much all of it. The saddle literally saved my ass. All long rides are done with my Oasis One-Twelve hydration system. Running Shoe(s): Hoka Equipment wish list: Whatever’s next from Garmin. And the money to afford it. Best advice: From JJ on the swim leg: “Start out easy. Then back off.” I’m so glad I got to know JJ. Still miss him dearly. Favorite Thing(s) About TCSD: All the other members! A real family. Often an insane crazy family. Oh, and the food at every club event. And the raffles. So much of my gear and nutrition is from raffles. Race entries too! And the Club’s new Castelli kits! I don’t lose weight to make racing easier: I do so to look as good as I can when I proudly wear the TCSD logo! But most of all are the opportunities the club has given me to pay it forward. Before TCSD I wasn’t much of a joiner or giver. Yeah, TCSD changed that.
JUNE 2017 18
is exactly what the Heskel case referenced above was about. The reason the court found a lack of constructive notice is because the dangerous condition at issue there was well off the public roadway and unlikely to be seen. Nevertheless, the question of notice is a question of fact, not of law. On the law, what matters is that state and local governments are not immune from liability based on a dangerous condition on a paved road or path unless they provide warnings.
Government Vehicles: Aside from dangerous conditions on public land, another way to successfully sue a government entity for your injuries is when you are struck by a negligently operated vehicle owned by the public entity. Liability is imposed upon a PE, when in the course and scope of employment the PE negligently causes injury to a bicyclist. However, police are immune when in the pursuit of a suspected criminal if there is a written policy and annual training is had for vehicle pursuits. (Distinguish police departments who merely have their officers “sign off” on pursuit training.) See California Vehicle Code §17004.7.
Conclusion: So, in sum, here are a few examples of cases likely to result in public entity liability: Stop signs covered by vegetation, pot holes in the road, buckling sidewalks, unattended or unsafe road construction, road design, road shoulder drop offs, negligent government motorists, even police cars, transit buses and trains.
part 3
Immunities Shield
Part three discusses the various immunities to liability that governments enjoy. In part one of this series we talked about the procedural pitfalls to bringing a claim against a public entity. Here we talk about the pitfalls imposed by substantive law. Of these, the biggest pitfalls by far are the statutory public entity immunities. We will list a few, but the reader should be warned that the following information is not legal advice specific to any
case. A careful study of their application and exceptions in any given case is required by a skilled lawyer.
1 .Recreation Immunities: Civil Code §846, also known as the Recreational Use Statute, states that land used for recreational purposes need immunities so the public and private lands aren’t closed off to use. Note, however, that the statute has an exception for gross negligence, and some cases have refused to extend this statute’s application to government entities (See Delta Farms Reclamation District v. Superior Court of San Joaquin County, 33 Cal.3d. 700 (1983)).
2..Design Immunity: See Hampton v. County of San Diego, 62 Cal.4th 340 (2015), which shields public officials from liability for negligent road design.
3..Traffic Control Signals Immunity: Public entities are immune from liability for stop sign placement, speed and yield signs, right of ways and more.
4.. Natural or Unimproved Conditions: Gov. Code §§818.b, 830.4, and 831.2 provide that a government entity will not be held liable for someone injured by a fallen tree. (Exception, no immunity to a non-user on adjacent property.)
5..Discretionary immunity: Gov. Code §820.2 provides immunity for judgment calls within the scope of employment.
6. Trails and Roads: Although Civil Code §846 generally protects the private owners of land used for recreation from liability, unless people pay to use the land or participate in the activity. We noted above that this “recreational use” immunity is not absolute for government entities. However, Gov. Code §831.4 establishes a very specific category of immunity for unpaved trails and roads, whether they are used recreationally themselves, or used to access recreational areas. As we noted in part two of this series, immunity does not apply on paved roads the government holds in easement unless the public entity
made a reasonable effort to warn users of potentially dangerous conditions (Gov. Code §831.4(c)). However, immunity does apply to unpaved roads and trails, because these are classified as “unimproved land.” If you are mountain biking on an unpaved public trail and you crash as a result of striking a protruding tree root, sovereign immunity will shield the public entity from liability. The theory behind this form of immunity, in contrast with that of liability for dangerous condition on paved roads, is that these dangerous conditions are naturally occurring, not the result of negligent maintenance. Where the land is unimproved, the user is on notice that such conditions may exist, and the public entity in control of the land is not expected to be aware of every possible hazard, nor would this be reasonable. Contrast this with the user’s reasonable expectation that a paved road will be well enough maintained that clearly dangerous conditions will be remedied in a reasonable time.
7..Paved Trails are Still Trails:
One problem here, however, is that the courts have interpreted this statute very broadly. Gov. Code §831.4 provides immunity for three categories of trails (these letters correspond to actual subsections in the statute): (a) “Any unpaved road which provides access to (recreational activities),” (b) “Any trail used for the above purposes,” and (c) “Any paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity… so long as such public entity shall reasonably attempt to provide adequate warnings.” Noting the apparent higher standard of care in the warning requirement for paved trails, many injured cyclists have attempted to hold public entities liable under subsection (c) for failure to warn of dangerous conditions on paved trails. However, courts have consistently rejected this argument, holding that subsection (c) did not exist to provide a different standard of care for paved vs. unpaved trails, but for paved trails on a government easement, as opposed to paved trails on land that the government owned. Armenio v. County of San Mateo, 28 Cal.App.4th 413 (1994). Recognizing this, other cases have determined that most paved bicycle trails on public land in fact fall under subsection (b) as “any trail” used for recreational purposes. Carroll v. County of Los Angeles, 60 Cal.App.4th 606 (1997), Farnham v. City of Los Angeles, 68 Cal.App.4th 1097 (1998).
Courts have further held that even if you are walking on one of these paved trails and injured due to a dangerous condition, sovereign immunity still attaches. See Amberger-Warren v. City of Piedmont, 143 Cal.App.4th 1074 (2006), Montenegro v. City of Bradbury, 215 Cal.App.4th 924 (2013). Plaintiffs in both of these cases attempted to characterize the paved trails in question as sidewalks, as opposed to trails used for recreational activities. However, because they were in parks and not adjacent to the street, these trails were held to be recreational use trails and immunity was found.
8.. Hazardous Recreational Activity: Under Gov. Code §831.7, public entity immunity exists whenever the injured person is participating in a hazardous activity. Hazardous activities are defined as: n Bicycle Racing, jumping n Motor cross n Mountain biking Narrow exceptions to hazardous recreational activity immunity include: n When the public entity knows of a dangerous condition n When participants pay money to use the land or participate in the activity n When the condition arises from a failure to properly maintain the land. n When the condition arises from gross negligence n Pothole law n When the condition is identified by Hawkeye activism (putting public entity on notice by ground spray paint, and contacting City engineers). If you have been injured riding a bicycle due to a dangerous condition on public land, you need the best representation you can get. While it is true that many categories of cases involve public entity immunity, each case is different, and yours may fall into an exception. Contact experienced bicycle injury attorney Richard Duquette today. He will fight to protect your right to just compensation, so you aren’t left injured without a remedy. Ride Safe – Ride Strong! Mr. Duquette is a local Oceanside, personal injury trial attorney who, since 1983, has mixed law with his love of bicycling and surfing from Baja to Bali. He can be reached via e-mail at rduquette@911law.com, www.911law.com, ph (760) 730-0500.
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COACH’S
CORNER: TIPS ON SWIM TRAININGFOR ABSOLUTE BEGINNERS
If you’re quite new to swimming freestyle, the chances are that you’re been working on the basics of freestyle technique such as your breathing technique, kicking correctly, rotation and feel for the water. But let’s say you can now swim some laps of the pool, what next to keep improving? Of course you want to keep developing and improving your stroke but very quickly the swim fitness side of things also becomes a priority to work on. Of course technique is important but you need swim specific fitness to maintain your stroke technique over distance. If you come from a background in a land based sport you’ll know that it doesn’t really matter how fit you are in that sport, very little carries over into swimming. So different are the muscles and energy systems used for swimming that super-fit land based athletes can be gasping for air after just 60 seconds of swimming. So the bad news is that you will almost certainly be coming into swimming at a low level of swim fitness but the good news is that by building up the training side of things you can very quickly make some large improvements to your comfort levels, stamina and speed in the water.
Here’s 8 Top Training Tips for maximum swim fitness gains: 1. Build Up To Some Longer Continuous Swims It's tempting to swim at a strong pace but stop every 50 or 100m for rest. Try not to do this (even some experienced swimmers fall into this trap). Instead challenge yourself to go a little further every time you swim and build things up to swimming longer distances such as 200, 400 and 800m without stopping. The key here is not to set off too fast and blow-up (see next tip) but swim things out smoothly at a moderate pace over those longer distances. This will work on your low level or ‘base’ swim fitness which you are likely to be sorely lacking - by working on this you’ll be surprised how much easier continuous swimming can become! 2. Use A Tempo Trainer Pro To Work On Your Pace Awareness If you’ve not seen a Finis Tempo Trainer Pro before, it's simply a little beeper which
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courtesy of David Knight, Swim Smooth Coach
you put under your swim cap when you swim: You can use it in a few different ways but the one we’e going to talk about here is known as “interval mode”- mode 1 on the device. Say you want to swim at 2 mins per 100m in a 25m pool (that’s 30 seconds per length) you just program the Tempo Trainer Pro to beep once every 30 seconds. Start swimming when it beeps and swim at a pace so that you turn and push off for each length every time it beeps. The first thing you'll find is how you always start too fast (get ahead of the beep) and then slow down so that the beep catches you up. Learn to pace things out better on the first few lengths and you'll instantly be able to swim further with more comfort. Over time as your fitness improves you can drop your time per length slightly to increase the pace - we call this ”tweaking”. 3. Focus Only On One Technique Element At A Time When you start swimming freestyle there’s a lot to think about, in fact it can be quite overwhelming. Make sure you only think about one thing at a time and keep things really simple - especially as you are swimming further and building up your distances. Here’s some suggestions of good things to think about: n Blowing out smoothly into the water. n Extending straight forwards in the water in front of your shoulder n Keeping your head low when you breathe n Brushing your big toes as they pass: tap-tap-tap-tap n Pressing the water back behind you to send you forwards Remember - focus on only one thing at a time! 4. Breathe Bilaterally If At All Possible As you’re new to freestyle your stroke is a little bit like a blank canvas without any bad habits in place. A great way to keep your stroke symmetrical and nicely aligned in the water is to breathe bilaterally - breathing every 3 strokes to both sides in turn. Now the key to bilateral breathing is to make sure that you are exhaling smoothly into the water which relaxes you and means that when you to rotate to breathe you only have to inhale, not exhale and inhale in the short window available. So to bring those two ideas together (breathing ever 3 and ”breathe...bubble...bubble...breathe... etc” Say bubble into the water (forcing you to exhale) on a non-breathing stroke and then breathe on the third stroke. Easy!
5. Keep The Faith - Improvements Come In Jumps Often When You Least Expect It If you’ve been going along for a few weeks seemingly without improving then don't panic - oftentimes fitness improvements aren't a progressive slope upwards sessions by session, they come along in steps. You might not improve for a couple of weeks but then will get in the pool one day and suddenly feel stronger from the get-go!
6. Use Training Tools But Don’t Become Reliant On Them Doing some swimming and drills with tools such as fins, paddles and pull buoys is a nice way to work on your stroke technique and create some variety in your freestyle swimming. Use each with a specific purpose to work on a key aspect of your swimming. However, be wary of becoming addicted to them and start swimming most of your swimming distance using one swimming continued on page 22
FOR MORE INFORMA AT TION CONTTA ACT TIM KADEL
Tim m Kadel
Morttg gag ge Advisor NMLS S - 324735
c: (619) 805-5134 8 tkadel@financeofamerica.com
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WELCOME NEW TCSD MEMBERS Adnan Poonawala Edgar Puente Manmadh Rebba Matthew Reilly Terry Rhoderick Edna Rodriguez Emily Saucier Chez Snyders Paul Tabeek Shawn Tiberio Erin Walsh Sarah Whitelock Rachel Yuhas Fan Zhang
tool or another. Generally speaking they are best used for shorter technique swims whilst you swim without gadgets (straight swimming) for your longer fitness swims. For longer swims, swim straight (no toys!). 7. Try And Swim 3 Times A Week A very simple one this. If you can, try and swim 3 times a week or more. When it comes to fitness improvements, there's a big difference between doing something twice a week and three times.
Consistently swimming three times a week can take your swimming a long way. 8. Start Following A Training Plan Wish you had someone or something to take you through all this step by step, session by session? You need a training plan to follow pitched at the right level for you.
HOW TO:
COACH’S CORNER, continued
you can’t imagine you are running at, or a distance that you thought would. Did I walk during my initial runs? Yes, I did, even as I was running “only” for 20 minutes! A lot of people use heart tate training as an effective way to make sure that they are starting from their proper base. 4. Don’t Do Too Much Too Soon Your body needs to adapt to the increased running, and you need to build up strength and endurance. Doing too much too soon will only hinder the process and lead you to disappointment. Like the year I was training for my Mystery Marathon and I kept breaking down every single time I went beyond 11-12 miles. Every single time. I had ramped up too quickly and my body just couldn’t catch up. This time, I had learnt my lesson – I was running for 2030 minutes for almost 2 months before I moved up. Similarly, I was running for 4-5 miles for another 2 months before I started ramping up my mileage. 5. Target a Goal Having a goal like a race where I have to show up and finish the distance was great motivation for me to keep being consistent at my 20 minute runs and to be careful that I didn’t injure myself or get burnt out. It was also great mental motivation to be able to find the strength to keep going when you don’t feel like it. Bottom line is, don’t give in to the pity party. Reach out to friends if you need to but JUST DO IT (sensibly). You have to start somewhere sometime. Remember, your muscles have great memory and you can get back to where you were or as close to it. Be patient and you’ll be looking ahead to many more miles.
courtesy of Smitha Barki, the Faux Runner
1. What I Can When I Can This is a favorite mantra of mine. So often, we are caught up in our perception of what we “need” to do that we forget what we CAN do. Friends around me were running for hours, but all I had the ability and time was lunch time at work. So if I could run only for 20 minutes, then that was it. If I could run only at lunch or while dinner was simmer, then that was it. Whenever I could find that 20 minutes. 2. Consistency I made those 20 minutes my priority and it soon became a fixture whether I wanted to or not. It started from 20 minutes of running 3 days/week and went to 20 minutes of anything in the weekday. That running never wavered. Soon 20 minutes became 30 minutes, and I was well on my way to running the 3 miles that I could not. The secret sauce – consistency. 3. Don’t Start From Where You Left Off Once I stopped trying to start from where I’d left off, I was much kinder to myself. I cut myself slack and approached it with the same advice I’d give someone starting off. Start from where you are at – even if it is at a pace that
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JUNE 2017
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