• Follow on Facebook

  • what-to-do-media
  • puako-general-store
  • air-tour-kauai
  • Cheneviere Couture
  • PKF Document Shredding
  • Arnotts Mauna Kea Tours
  • World Botanical Garden
  • Hilton Waikoloa Village
  • Hilton Luau
  • Dolphin Quest Waikoloa
  • Discount Hawaii Car Rental
  • Say When

    December 2010
    S M T W T F S
    « Nov   Jan »
  • When

  • RSS Pulpconnection

I Guess I’m Gonna Get Sued… Or Something. Texas Attorney Contacts Me Regarding My Blog!

I received an email last night requesting my home address and no other reason why this person wanted it. I sent the person an email back asking why they wanted my home address and I found out this person is an attorney representing the Umauma Ziplines and his name is Robert Whitt.

Mr. Whitt is asking me to:

“…provide proof by December 31st, 2010, that you have fully complied with this letter and that you will continue doing so. If you continue making or posting derogatory statements or blogs about my client or otherwise do not comply with the demands made herein, you are advised that my client intents to vigorously pursue all legal remedies available to it.”

So I’ve been threatened with a lawsuit because of the post that I posted here on December 8th on the Umauma Ziplines, KapohoKine to Build New Zipline Course… Ends Affiliation With Umauma Ziplines Due to Safety Concerns.

You can read the letter he has threatened me with below here by clicking on it.

Click to Read

I sent this letter and the threat that they have sent to me to KapohoKine Co-Owner Tony DeLellis and he responded:

“It’s all true.  put the letter on your blog.  that’s why there were pictures, and that’s why they went to the expense of replacing the cable.”

Attorney Whitt did send me a certificate that said they passed their zipline course safety inspection… however this date was on Dec. 21, 2010… long after I had posted my blog posting.

Here is a copy of that certificate I’ve circled the date in red:

Of course for me… the real pictures speak for themselves!

If this isn't a faulty line... I don't know what is!

I don’t have any plans on taking the post down… so I guess we will see what happens from here!

Warning: Division by zero in /home/damontucker/public_html/wp-includes/comment-template.php on line 1379

12 Responses

  1. I manage a very large zip line company that sees about 500 guests a day. We are not governed by a specific government agency because there isn’t one, however we do follow guide lines set forth by industry professionals and we do get third party inspections. As for your picture above of the cable, the recommendation is to change it when there are 5 or more broken strands. I have changed these cables out and every time even with 5 or 6 broken strands after been sent to get break tested by the cable manufacturer , they come back breaking at more than they are rated for in the first place. Im not defending the company involved but I think you should only complain when you actually know what your talking about. Are you qualified to make assumptions like these?

  2. You should be paid for pointing out risk so they can correct the issue and not be sued for millions when someone gets killed. How lame is this Zipline company to get there “brother” lawyer to send you a Big Foot letter. Glad you stand up for freedom of speech. Let the True remain online. If all bad comments were legal actionable, trip advisor would be out of business a long time ago, also trip advisor has a lot of false information. This is true, tell Robert Whitt to go take a ride on the substandard cables and stop wasting your valueable time:)

  3. […] My Zipline Experience Posted on December 27, 2010 by Damon I mentioned the other day that a Texas attorney was going to attempt to sue me for a blog posting I made on the Umauma Ziplines and the cancellation of my trip that I had planned due to safety […]

  4. It looks like the round wires are ground flat from the pictures and then they split. I’m glad they were replaced, but I don’t think pointing that out is derogatory since its true. You reported the situation and it was subsequently fixed. Thankfully before anybody was killed. I did enjoy the quotes around “blog”, like that’s a new revelation in Texas. I giuess I should have said that I’m glad the wires were changed before anybodyi was “killed”.

  5. Am I missing something? I can’t see where Damon made any derogatory statements; it seems to me he merely quoted / reported what the KapohoKine guys said.

  6. Their Safety certificate is not form the State or anyone licensed by the state ( like an Engineer ) so it means absolutely Zero

  7. I’m with Doug to avoid publicly writing about what does and doesn’t constitute a safe cable. You don’t want them to be able to say that you are laying yourself out to be an expert on such things. (Of course, no reasonable person could think you were pretending to be an expert on cables, but why give the lawyers something on which to hang a threat?)

    • Are you serious Larry?

      I can look at a picture of a cable… as a blogger… and say… hell no! I’m not endangering my ohana by being on it… when I have been told that they are unsafe by the people that have been operating them for the past year?

  8. Damon, unless you have consulted with or are (suddenly) an expert in “faulty” ziplines, you might want to rethink the notion that publishing a photo of ONE broken strand in a fat wire rope conclusively demonstrates that the ride is “unsafe.”

    Ironic, though, that you did append to that photo caption “I don’t know what it is!” haha

    • Doug,

      Did you read the post that this “possible” suit stems from? I posted more pictures there that were sent to me from KapohoKine as long as a letter from the company in question.

  9. Doesn’t appear that the attorney is licensed in Hawaii from his letterhead.

Leave a Reply

Your email address will not be published. Required fields are marked *

I do this to keep the spammers away * Time limit is exhausted. Please reload CAPTCHA.