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  • 14
    Apr
    2013
    2:08am, EDT

    San Francisco's cable cars rack up accidents -- and millions in legal bills, settlements

    Marcio Jose Sanchez / AP file

    From left, Franco Garavanno, Gustavo Ferrari and German Garavanno ride a cable car up Hyde Street in San Francisco while visiting from Buenos Aires on Jan. 21, 2011. Cable cars are a top tourist draw in San Francisco -- but they also stand out for the inordinate number of accidents and the millions of dollars annually the city pays out to settle lawsuits.

    By Paul Elias, The Associated Press

    SAN FRANCISCO -- In this city of innumerable tourist attractions, the clanging, hill-conquering cable cars stand out as a top draw.


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    The quaint conveyances also stand out for the inordinate number of accidents and the millions of dollars annually the city pays out to settle lawsuits for broken bones, severed feet and bad bruises caused when 19th-century technology runs headlong into 21st-century city traffic and congestion.

    Cable cars average about an accident a month and routinely rank among the most accident-prone mass transportation modes in the country per vehicle mile traveled annually, according to the U.S. Department of Transportation. Over the last 10 years, city officials have reported 126 accidents injuring 151 people.

    After the latest serious accident — when seven people were injured after a cable car slammed to an unexpected stop after hitting a small bolt in the track — The Associated Press obtained through a public records request a listing of cable car-related legal settlements over the last three years.


    Those figures show the city paying nearly $8 million to settle about four dozen legal claims.

    The city has paid on average $12 million annually to settle all claims connected to its mass transportation system that in addition to cable cars consists of electric street cars and buses, which travel many more miles and carry many more passengers.

    Two faces of an icon
    City officials acknowledge that the open air cable cars, which ply only eight miles of track, produce a disproportionate amount of accident-related costs.

    But they say the cars are a much beloved and valuable part of the city's life and character.

    Their images are inscribed on the San Francisco Giants World Series rings. The cars have been immortalized in song and in television ads selling rice. And tourists line up dozens deep even in freezing weather for a chance to ride over the city's Nob and Russian hills.

    "The iconic cable cars of San Francisco are a National Historic Landmark and we work every day to make them safer," San Francisco Mayor Ed Lee said, adding, "While accidents and injuries are down from just a few years ago, we are always working to improve the system as a whole."

    Marcio Jose Sanchez / AP file

    Visitors wait to board a cable car in San Francisco's Union Square in 2010.

    Federal transportation figures show 19 injuries and 16 accidents last year, the second highest amount reported in the last 10 years. There were 36 accidents reported in 2004.

    Two months ago, five passengers and two workers were injured after the bolt caused their cable car to slam to a sudden stop, tossing them violently inside the vehicle. The conductor had facial and tongue injuries and the driver suffered internal injuries and cracked ribs, transit officials said.

    Legal claims are expected, as they always are after a cable car accident.

    Nymphomaniac lawsuit
    The city has been settling lawsuits almost since the cable cars began operation in 1893. One woman won a 1970 jury verdict of $50,000 after she claimed that a minor accident on a cable car she was riding turned her into a nymphomaniac.

    "The 19th Century technology of the cable cars does pose some challenges," said Paul Rose, a spokesman for the city agency that oversees San Francisco mass transit. "While one accident is too many and we're always working to improve safety, these incidents are rare."

    San Francisco remains the only place on the planet with a true, manually operated cable-car system serving the public.

    First introduced in the late 1800s to save the strain on horses hauling carts up the city's steep inclines, the 15,500-pound cable-powered cars grip a continuously moving underground cable with pliers-like gear to travel the streets of San Francisco.

    They are a San Francisco icon vital to the city's booming tourism industry.

    A survey commissioned by the San Francisco Visitors and Conventions Bureau found the top four tourist activities in the city were dining, shopping, visiting museum and riding the cable cars. An estimated 7 million ride the cable cars annually, the vast majority tourists.

    The biggest single payout over the last three years went to John Gainor, who received $3 million in November 2011 because his foot had to be amputated after it got caught between the cable car he was standing on and a parked vehicle.

    Another $4 million went to the four victims of a runaway cable car that sped down a notoriously steep San Francisco hill before leaving the tracks and careening onto the sidewalk. The brakeman fell down outside the cable car as he was pushing it and couldn't get back aboard. A tourist from Texas suffered a broken femur and three others were seriously injured.

    Linda Cvilikas, who tore tendons in her knee when a cable car she was riding came to a sudden halt on Nob Hill in 2011, said: "One minute I was standing and the next minute I was on top of my husband and a really large gentleman fell on top of me.

    "That thing stopped and we all fell like dominoes," she said. The city paid Cvilikas $16,000 and her husband, John, another $2,500 to settle the Nebraska couple's legal claims. "It's safe to say that I won't be riding the cable cars again if I return to San Francisco," she said. 

    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    84 comments

    You know what I read: Waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaah! Woe is me! I've been on the cable cars. I've grabbed onto one of those bars and hung off the side while it was moving. I accepted the fact that there was an inherent risk in what I was doing.

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  • 23
    Jan
    2013
    9:31pm, EST

    Lawsuit alleges purpose of Scientology is 'taking people's money'

    By Erin McClam, Staff Writer, NBC News

    The Church of Scientology has strayed from principle and devolved into a cash-hungry enterprise that misuses parishioner donations to protect itself from questions and to intimidate its own members, a California couple charged Wednesday.


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    The couple said in a federal lawsuit that the church had misused about $400,000 of their money, including donations meant for construction projects and for relief from natural disasters.

    They also said that church donations had been used to finance a high-priced lifestyle for its leader, David Miscavige.

    The lawsuit, filed in Tampa, Fla., by Luis and Rocio Garcia of Irvine, Calif., accuses the church of fraud and breach of contract.

    Read the complaint filed in federal court

    The church said in a statement that it had not been served and could not comment on the lawsuit.

    It added: “We can unequivocally state all funds solicited are used for the charitable and religious purposes for which they were donated.”


    The Garcias were members of the church for 28 years before leaving in 2010, their lawyer Theodore Babbitt told NBC News.

    The church uses “large, high-pressure fundraising drives” as a main source of revenue and has morphed into an organization “whose primary purpose is taking people’s money,” the lawsuit said.

    The lawsuit alleges that the church has used contributions to “stifle inquiries into the Church’s activities and finances, to intimidate members and ex-members” and “to finance the lavish lifestyle of Miscavige.”

    Five Scientology organizations are named as defendants.

    The lawsuit focuses on a Scientology building in Clearwater, Fla., that Babbitt said remains unopen. The California couple said that the church had accepted more than $200 million in donations in all for the building, known as “Super Power,” and spent less than half on construction.

    The lawsuit makes specific charges about how the church misused the Garcias’ money. The couple claimed that they gave $340,000 for the building, in more than a dozen donations between 1998 and 2005, and were made promises that the church did not fulfill.

    One of those donations came in August 2005, according to the suit, when the Garcias were asked to give $65,000 for a cross to go on top of the building and were told that contractors were ready to do the work. The cross did not go up for five years, the suit said.

    The couple also charged that the church had misspent money meant for eradicating child pornography and helping victims of natural disasters.

    The Garcias have spoken out against the church before.

    Luis Garcia told the Tampa Bay Times newspaper, for a profile published in 2011, that the church had strayed from the teachings of its founder, L. Ron Hubbard, and had been “corrupted.”

    The church said that it had expelled Garcia, while he maintained that he resigned, according to the newspaper. The paper did not quote the church as giving a reason for the claimed expulsion.

    Babbitt said it was the first time his law firm had been involved in legal action against the church.

    Perhaps the highest-profile defection from the church has been that of Paul Haggis, the Oscar-winning writer and director of the 2004 movie “Crash.” He belonged to the church for 34 years before leaving in 2009.

    Haggis, in an interview last week with the NBC program “Rock Center with Brian Williams,” described the church as a cult and said he was disturbed by allegations of abuse at its highest levels, including violence and involuntary confinement.

    The church said that Haggis is a hypocrite and hasn’t been an active member in years. The church said that “no independent evidence exists” to corroborate claims of abuse.

    Rock Center takes a look inside the controversial Church of Scientology. Paul Haggis, one of the most famous people to leave Scientology, describes what he discovered moving up the spiritual levels and what drove him to ultimately leave the church. Author Lawrence Wright discusses his new book, "Going Clear." Harry Smith reports.

    466 comments

    Yes, and what does anyone think the purpose of the Catholic Church is?

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