Saturday, July 16, 2011

Increased railing height would have prevented Rangers fan's death, Mary Cummins

Firefighter and Rangers fan Shannon Stone died after falling over a railing trying to catch a baseball. The railing was 33" tall. Stone was 6'3" tall. Was the railing too low? Should minimum railing heights be increased in sports arenas?

In 1999 a UCLA student fell over a 36" balcony railing and died. l wrote an article about this railing death because the railing was not high enough. l also wrote a letter to editor in the Times about legal roof top deck railings when they ran a story about making a roof top deck with NO railings at all. Besides being an expert witness in real estate cases such as these l put a roof top deck on a property l owned so l knew the railing requirements.

The UCLA student death made everyone rethink safe railing heights. This also brought up the issue of immediate and mandatory retrofitting of older buildings. Generally retrofitting is done upon sale or transfer only.

As of January 2008 California balcony, landing, porch and deck railings for residential properties must be a minimum of 42". California has the strictest building codes in the nation. In other states it is generally 36" to 42".

If you take a look at the video footage of the fall, it appears to me that there was no way he was not going to fall over the railing. Stone was 6'3", probably had a 33" inseam. His center of mass was easily over 36" off the ground. He had momentum as he was moving toward the railing with his arm out stretched over the 33" railing bending down for the ball. As soon as his upper body was over the railing and his body hit the round railing he was almost flipped over the railing. Things were made worse by the fact that he was only standing on his forward foot with his rear leg up behind him with both arms over the railing. He is not much taller than an average man. He was not doing anything that you wouldn't normally do at a ball park.

Here are some stills which show my point. His waist is quite a bit higher than the railing.





Here is the video. Obviously it's graphic because you see him flip over the railing. You do not see him land.
http://www.youtube.com/watch?v=Aesp8ViZbro

City officials said that the railing was seven inches higher than required which they state is 26".  26" is the minimum between rows, not at the bottom of the aisles as in this situation. They are misquoting the 2003 International Building Code and the 1988 Uniform Building Code. The minimum height at the bottom of aisles is 42" according to the International Building Code.

I believe that if that railing were 42", he would not have fallen over it. I realize there are line of sight issues with tall railings but they can use clear material for the railings like they do at The Pond in Orange County. I bet there will be a lawsuit and the plaintiff's family will win. Hopefully these sports arenas will raise the railing heights. This tragic death could have been prevented.

UPDATE: Texas Rangers agree to raise the railing heights. Thank you!

Texas Rangers to raise rail heights in wake of deadly fan fall
By the CNN Wire Staff
July 19, 2011 4:37 p.m. EDT


(CNN) -- The Texas Rangers will raise the height of the rails at Rangers Ballpark in Arlington, the team said Tuesday, after a 39-year-old fan fell to his death while trying to catch a ball.


"Even though all current rail heights in Rangers Ballpark in Arlington currently exceed code, the Rangers intend to raise the height of all rails in front of seating areas to the highest standard in the United States at this time," the team said in a statement.


As the rails are being refitted, the Rangers said they would take "interim" steps, such as posting new signs that will remind fans not to lean, sit on or stand against the rails. The team will also issue a warning prior to the start of each game via its public address system, the Rangers said.


The news comes in the wake of the death of Shannon Stone, a veteran firefighter and Rangers fan whose death prompted a national outpouring of condolences.


Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


Wednesday, March 9, 2011

Mary Cummins, Cummins Real Estate Services, curriculum vitae

Mary K. Cummins
645 W. 9th St. #110-140
Los Angeles, CA 90015

Curriculum Vitae


Abstract

Cummins is a high energy, versatile, results-oriented professional having significant expertise in real estate sales, leasing, inspection, evaluation and expert witness testimony. In her 26 years in the business she's appraised and sold over 10,000 residential, residential income, commercial, raw land, construction projects, industrial and mixed-use properties.

Cummins has worked for lawyers, expert witness companies, relocation companies, builders, credit unions, banks, mortgage brokers, factors, brokers, investment bankers and private individuals evaluating and selling property in all of California.

Education

Beverly Hills High School 1982 - Dean's list, swim team, water polo
University of Southern California 1984 - Dean's list, swim team

Licenses

Real Estate Sales License 1985
Real Estate Brokers License 1986
Real Estate Appraisal License 1994 (1994 was first year appraisers needed to be licensed)

Work Experience

• 1985 Merrill Lynch Real Estate - Sales, Comparative Market Analysis
• 1985 to present - Cummins Real Estate Services - Real Estate Appraisal, Sales
• 1986 Apartment Owners Association - Commercial Brokerage Division
• 1986 Westside Properties - Real Estate Appraisal, Sales. 100% office
• 1986 Forensis Group - Expert Witness

Selected Legal Cases

• 1989 Schine vs Schine - Appraisal of Ambassador Hotel as land for development
project with Donald Trump. Deposed.
• Various cases for Forensis Group 1986-2006
• 2009 Union Pacific vs Jimmy Nasralla. Criminal. Court appearance.
• 2010 Don Carstens vs JP Morgan. Civil. Court appearance.

Selected Clients

• Crestview Financial, Mortgage Broker
• Don Carstens, Attorney at Law
Home Savings, Bank
• Countrywide Home Loans, Mortgage Lender
Chase Financial, Bank
• First Franklin, Mortgage Broker
Forensis Group, Expert Witness
• Western Relocation Services

Selected Professional Education

• 1984 Lumbleau School of Real Estate - Real estate sales
• 1984 Merrill Lynch - Real estate sales, CMA
• 1986 Lumbleau School of Real Estate - Real estate broker
• 1988 Apartment Owners Association - Income property evaluation and sales
• 1986 to present - Various real estate schools - Expert Witness Testimony, Appraising Apartments, USPAP, FHA Appraising, Appraising Manufactured Homes, California Laws and Regulations, Environmental Issues for Appraisers, Fair Housing, LEED Real Estate, Foundations in Sustainability: Greening the Real Estate and Appraisal Industries, Review Appraisals, REO and Foreclosures, The Cost Approach.

Other Experience

• Bilingual - English/Spanish
• PC, iMac, iPhone
• PDF, Doc, Html, FTP, Power Point
• Type 100 wpm
• MLS, Homeputer, Loop Net
• Real estate photography
• E&O insurance, no claims
• Perfect driving record

Take 3 Film Festival at Plaza de Cultural y Artes by Mary Cummins, Maria Rivera

Take 3 Film Festival presented by East LA Film Festival , Panamanian International Film Festival/LA and La Plaza de Cultura y Artes was hel...