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In 1986 the area around the grave /mine was desolate and contained open <br />mines and mine shafts where people could walk, hike, take pictures or <br />explore. There were no fences, no barriers, no markings or warnings around <br />the Mary McKinney Mine or the road approaching the grave /mine. The mine <br />was not covered nor fenced as required by Colorado Revised Statutes <br />C.R.S.34 -47 -121 as it existed prior to 1988, but is now C.R.S.34 -24 -110, <br />Exhibit #14. Wayne was on private property however, due to failures by <br />mine owners to heed to Colorado law at the time, he fell to his death. <br />Reasonable care was not given to maintain the mineshaft. It was <br />abandoned. <br />Wayne was 23 years old, from a small town in Pennsylvania. He had lived in <br />the West for only four months. He was exploring and taking pictures when <br />the accident occurred. Exhibit #3 is a photograph of a blank sign post at the <br />mine site the day of the accident. Exhibit #4 is a photograph of the sign <br />post at the mine site on the day after the accident clearly showing a new <br />warning sign attached. Exhibit #5 is a photograph of a new sign posted on <br />the road leading to the mine the day after the accident. <br />Recently, I was informed by The Colorado Division of Reclamation, Mining <br />and Safety that they have no documentation specifically mentioning the <br />2 <br />