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Chichester, United Kingdom (PressExposure) January 04, 2010 -- The team at Streamline Surgical have further developed their popular seminar programme for prospective obesity surgery patients.
The two hour evening sessions are currently held at the prestigious BMI Clementine Churchill Hospital in Harrow. They feature presentations from one of the surgical team which includes Mr Shaw Somers and Mr Guy Slater, well known through the Discovery Home & Health Fat Doctor series. They are supported by a specialist bariatric nurse and previous patients who are able to offer first hand experience of life after gastric band or gastric bypass surgery. After the presentation there is ample time to ask questions and speak individually to the experts available.
2010 will see the launch of the first Central London seminar which will become a regular fixture on the seminar programme. The central London seminar has been arranged to meet the needs of people without private transport or those who simply prefer a location convenient for workplace or major transport links. The new series of seminars will also feature an appearance by a celebrity speaker who will share their experience of weight loss surgery.
In addition to the Central London location, seminars will also be launched in Surrey and continue to run in Harrow at the BMI Clementine Churchill Hospital. The Streamline Surgical team are hoping that this increased programme will meet the high demand for places.
Alec (48) attended a recent Streamline Surgical seminar with Shaw Somers. He comments:
âMy wife heard about the seminars offered by Streamline Surgical and booked without asking me first. I was a bit annoyed as I had already had a consultation elsewhere and had felt under a lot of pressure from that company to book in for surgery and pay a deposit at the seminar.â He continued, âI went along to hear what Streamline Surgical had to say and it couldnât have been more different. The seminar was free of charge to attend and it was up to me whether or not I participated in questions. The information presented by the surgeon was extremely helpful and I was really impressed with the previous patients who spoke at the seminar as they were very honest about their experiences.â
Jane (34) attended a recent Streamline Surgical seminar with Guy Slater. She comments:
âI cringe every time I hear the term morbid obesity. Iâm still young and want to start a family but I have polycystic ovaries which makes it hard to conceive. I decided to attend one of the Streamline Surgical seminars as I had reached a point at which I knew I had to start doing something about my weight. Guy Slater was the surgeon speaking at the seminar I attended and I was really impressed with everything he had to say, he was genuinely caring and compassionate. When he talked about the gastric bypass procedure I knew it was the way forward for me.
The seminar gave me so much information and access to experts that I was able to leave the seminar with everything I needed to make an informed decision about weight loss surgery. Following the seminar I booked a consultation and then made the decision to have surgery. I had the gastric bypass done via keyhole surgery 6 weeks later and I have already lost 3 stones in 11 weeks!â


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Michael C. Hall, the star of the hit Showtime series Dexter, is a match for a handful of DC Comics heroes and (mostly) villains in the DC Cinematic Universe. Here are some roles I thought he could play. But feel free to leave your own suggestions in the comments.
The Riddler
He can be very mysterious when he wants to be. He can definitely pull off an insane, questionable Batman villain.
The Flash (Wally West)
A break from the obvious villains he could play for DC, Wally West and Michael C. Hall alike are funny, charismatic guys with a serious side when needed. They also both has red hair...
The Joker
This isn't a very good picture, obviously, but as you can see by the picture below and by the entire Dexter show, he can play both an insane serial killer mad man, and also a nice funny forensic scientist (*hint, hint*: The Flash!).
The Scarecrow
If you've seen Batman Begins, which you should have, Scarecrow is very creepy and evil. Michael C. Hall is a good choice for that type of role.
Maxwell Lord
A goodish guy, Maxwell Lord is responsible for organizing the Justice League International. Michael C. Hall looks the part, but can he play the part? Maybe.

subset: commoncrawl


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First Tutors helps you to find a home history tutor in Watchet and anywhere in the UK. Home history tuition is an excellent way to improve confidence while increasing grades and doesn't have to be boring! Please use our service to find Watchet history tutors and select the one who best suits your needs.
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If you are a Watchet history teacher wishing to offer your local history tuition services in Watchet or anywhere else across the UK, please register with First Tutors or find out more about what we offer here. Home history tuition is a great way to re-affirm your history knowledge while helping someone else, all in your local Watchet area!


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Queen and Duke of Edinburgh discuss Europe over lunch with German relatives
The Queen and the Duke of Edinburgh sat down to lunch with their German relatives yesterday - and one declared his country did not want Britain to leave the European Union.
Prince Donatus of Hesse, a distant family member of both Philip and the Queen, said his nation had taken "Die Queen", as she is known by ordinary people, to heart after thousands lined the streets of Frankfurt to welcome the royal couple.
Philip met three branches of his family - Battenberg, von Baden and Hesse - when he and the Queen enjoyed a lunch in the heart of the city.
Prince Donatus (48) shared a table with the Queen and Germany's President Joachim Gauck, and nearby was seated the Duke with other guests at the Romer - Frankfurt's historic city hall.
Asked about the significance of the monarch's visit to the Bergen-Belsen prisoner of war and concentration camps, he said: "It is very important, and it shows the importance of the British-German relationship - every day it has to be worked on.
"And, of course, we Germans want to see the British stay in the European Union."
Philip has close ties with German nobility as his four sisters married German princes before the Second World War.
Donatus's great uncle Prince Christoph of Hesse, who was married to Philip's sister Princess Sophie, was reportedly an SS officer and Luftwaffe pilot.
Philip's mother was Princess Alice, the eldest child of Prince Louis of Battenberg, who became a naturalised British subject in 1868 and during the First World War changed the family name to Mountbatten.
Prince Donatus, who was spotted sharing a joke with the Queen during the meal, said: "We had a good table and I know her of course as a relative and I see her once in a while.
"I was only able to talk to Prince Philip for a second, we weren't on the same table.
"I'm related to both the Queen and Prince Philip, because Prince Philip is a Battenburg.
"Mountbatten is Battenburg and Battenburg is coming from my family and I'm also related to the Queen through Queen Victoria - she's my great, great, great grandmother, something like that. Normally I meet the Queen in England at Windsor so it's lovely to see them here."
Whenever he saw the Queen he said was "astonished" at the enthusiasm and excitement she generated in the ordinary people around her.
Commenting on the thousands who had gathered in the old city centre of Frankfurt to catch a glimpse of the Queen, he said the monarch was "their Queen".
Belfast Telegraph


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A failed Broadway singer who now works as a production manager must save opening night on his new production by wrangling his eccentric cast and crew.
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The 2017 Fogle Author Series continues with author Wanda Brunstetter who will speak at Rodman Public Library on Saturday, Sept. 9, at 2:00 p.m., in the Main Auditorium. Brunstetter, the New York Times award-winning author is one of the founders of the Amish fiction genre. She has had nearly 90 books translated in four languages with more than 10 million copies sold. Brunstetter's stories consistently earn spots on bestseller lists including New York Times, Publishers Weekly, and USA Today. All of her novels are based on personal research intended to accurately portray the Amish way of life. Her ability to share her insight into the lifestyle of the Amish is one reason she has been called "Amish Country's Most Beloved Storyteller." Many of her books are well read and trusted by the Amish, who credit her for giving readers a deeper understanding of the people and their customs.
Burnstetter's upcoming books are, Amish Cooking Class: The Blessing, due for release in August 2017, and The Beloved Christmas Quilt, co-authored with her daughter-in-law Jean Brunstetter and granddaughter Richelle Brunstetter. It is due to be released in September 2017.
The last visiting author of the 2017 Fogle Author Series to Rodman Library will be Elizabeth Berg who will speak on Saturday, Nov. 18, at 2:00 p.m. Books will be available for purchase at the time of the program which the author will then sign. This event is free and open to the public. No registration is needed. For more information, call the Main Library at 330-821-2665, ext. 107.


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By Jaden Evaporating Liquids Scientists are always studying evaporation to help them understand the water cycle and global warming or climate change better. The purpose of this project is to see how long it takes the liquids to evaporate. This topic is important to study because it helps us learn the rate of evaporation in a certain area. For example, What happens when rivers and lakes dry up in warmer areas.h;if you leave you drink outside for two days and when you come back for it all the liquid is gone. Some things that could affect my project are cloudy weather, temperature, humidity, and many other things. Problem Statement Does the temperature at which a liquid is stored affect the time it takes to evaporate? Hypothesis The water will evaporate faster than the orange juice and the other liquids because the other liquids are made up of many different materials that could make the evaporation rate slower. Bible Verse "As water evaporates from the sea, and a river becomes parched and dried up," Job 14:11. I chose this verse because our relationship with God can be parched and dried. That means that sometimes in our lives our relationship with God can be separated because of our choices. In my experiment, I am dealing with evaporation and how much has been evaporated from the cup. Materials The Materials that are used are:
orange Juice
nail Polish Remover
four beakers with measures
pen and paper for notes. Introduction procedures Data 1)Pour the same amount of liquid into each beaker. Note the amounts.
2)Set the beakers in a dry location at room temperature.
3)Monitor the levels of the liquids for 1 week and note any differences. In conclusion, it was determined that the warmer the temperature the faster the evaporation rate. In the end of the experiment, all of the liquids turned out to be almost the same measurement. My hypothesis was wrong because I thought that the water will evaporate faster than the orange juice and the other liquids because the other liquids are made up of many different materials that could make the evaporation rate slower., but the water had the third lowest measurement out of the four liquids. To restate my hypothesis i would say, the temperature of the air and time will affect the evaporation rate of the liquids. If i were to do this project again, i would use beakers to measure the liquids. Pictures Conclusion Over the course of a 7 day period, 4 liquids were used to measure the evaporation. On day one, the liquids evaporated a lot. On the first day, the water had only evaporated only about 10 ml. We were very surprised that it had only evaporated 10ml, Because that is nothing compared to the other liquids. The orange juice had not evaporated at all. I was not surprised because the orange juice contains the most contents in the liquid. The nail polish remover had evaporated the most on the first day. The alcohol had evaporated the same amount as the water, it had evaporated 10ml. I thought that the alcohol would be more like the nail polish remover, but they're not the same.
These are the results for day 2: The water had only 5ml, it is now at 95ml. The orange juice had evaporated 10 ml, which puts it at 100 ml. The orange juice is on a very slow path to evaporation compared to the nail polish remover. The nail polish remover had evaporated a great amount. It had evaporated 15ml, that puts the NPR at 75ml. Last for day two is the alcohol. The alcohol had only evaporated 5ml. The alcohol is currently at 95 ml. That is a wrap on day two.
On day three the liquids were a whole mix of results. The water has finally started to evaporate more. The water had evaporated 10 ml, and it seems that the water has started to hit its breaking point. The orange juice has remained the same measurement for two days. The NPR has also remained the same as on day two. and last but not least the alcohol, that had a measurement of 80 ml.
For a total of three days these were the results. The water had evaporated about 10 ml. In the glass, the water is at about 50 ml. The orange juice has evaporated about 35 ml in 3 days. the orange juice has hit a point where it has started to evaporate more than usual. The NPR has evaporated about 20 ml in these three days. I was surprised that it hadn't evaporated more than the orange juice because the NPR has had the fastest evaporation rate so far. In these three days the alcohol had evaporated 30ml. The last paragraph is going to be the final results of this project.
The Final measurement of the water is 50 ml. That is a grand total of 60 ml that has evaporated in 7 days. The last measurement of the orange juice is 50 ml, that is the same as the water. The last measurement for the nail polish remover was 40 ml. Which has a total of 70 ml that has evaporated in seven days. Last but not least is the alcohol. the alcohol had a final measurement of 40 ml. The alcohol had evaporated a total of 70 ml like the NPR. Results Graph
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Science Fair Project
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Jaden Kingon 3 May 2013
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WASHINGTON, Dec 14 (Reuters) - U.S. President-elect Donald Trump on Wednesday formally announced Rick Perry, a former Texas governor and Trump's one-time presidential rival, as his choice to lead the U.S. Department of Energy.
If the nomination is confirmed by the U.S. Senate, the move would put Perry in charge of a federal department that he had proposed eliminating during his bid for the 2012 Republican presidential nomination. (Reporting by Susan Heavey; Editing by Catherine Evans)


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GraphicRiver Happy Cartoon Kids Jumping 10283370
Stock Vector \ Characters \ People
People \ Jumping \ Cartoon \ Season \ Together \ Sketch \ Summer \ Smiling \ Spring
Stock Vector - Happy Cartoon Kids Jumping 10283370 by katya_dav @ GraphicRiver
Stock Vector \ Characters \ People
Happy cartoon kids jumping with joy on a hill with a copy space, no gradients, no outline
Layered: No; Graphics Files Included: JPG Image, Vector EPS; Minimum Adobe CS Version: CS.
Frame with Pets and Their Food; Square Frame with Tropical Plants; Nine Happy Kids Dancing or Jumping; Boy and His Interests; Happy Girl with Sweets; Girl with a Set of Toys; Kids Jumping with Joy Under Rainbow.
Keywords: boy, butterfly, cartoon, childhood, children, cloud, communication, drawing, friend, friendship, fun, girl, good mood, group of people, happy, illustration, joy, jumping, meadow, merry, outdoors, peace, people, season, sketch, smiling, spring, summer, together, vector.


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NOTICE: The slip opinions posted here are
the latest electronic versions available from the Michigan Court
of Appeals. Updates are posted as received from the courts.
Consult the advance sheets and bound volumes of the official
reports for final revisions and proper pagination. Errata and
requests for correction of Michigan Court of Appeals opinions
should be submitted to: Deputy Reporter of Decisions, 800
Washington Square Building, Lansing, MI 48933; (517) 373-0714.
June 10, 2004
No. 244246
Wayne Circuit Court
LC No. 00-017068-CK
Before: Neff, P.J., and Wilder and Kelly, JJ.
In this action for contractual indemnity, defendant Auto Warehousing Company appeals the trial court's grant of summary disposition in favor of plaintiff Grand Trunk Western Railroad, Inc., holding defendant liable for indemnification of $625,000 of a $725,000 personal injury settlement between plaintiff and an injured railroad employee. The trial court found defendant liable as a matter of law after defendant refused a tender of defense in the underlying personal injury litigation, and plaintiff settled the claim.[1] We affirm, although for reasons different from those relied on by the trial court.
In December 1997, Terry Thomas, a brakeman/conductor employed by plaintiff, sustained injuries in a work accident while coupling railcars. Thomas suffered injuries to his right shoulder and left knee and was temporarily off work. Thomas filed a lawsuit against plaintiff, seeking recovery for his injuries under the Federal Employers' Liability Act (FELA), 45 USC 51 et seq. It is undisputed that this accident was not subject to indemnity.
Thomas returned to work in December 1998. On January 11, 1999, he was again injured when he slipped and fell after encountering a problem with snow-covered rail switches on sidetrack property that plaintiff leased to defendant to load automobiles onto railcars for transport. Thomas sustained injuries to his left shoulder and right knee and underwent four separate surgeries. Following the second accident, Thomas was classified as permanently disabled and unable to return to work. Thomas amended his complaint against plaintiff to include a claim for the 1999 accident. It is Thomas' claim for his second injury that is the subject of the indemnity dispute.
The lease agreement between plaintiff and defendant contained two clauses concerning indemnity. One required defendant to keep the premises free of hazards such as ice and snow and to indemnify plaintiff for any claims arising from the failure to do so. A second clause required defendant to indemnify, defend, and hold plaintiff harmless from any claims arising from personal injuries unless due to the sole negligence of plaintiff, its agents, or employees.
After Thomas amended his complaint to include recovery for the second injury, plaintiff notified defendant of the claim and tendered its defense on the basis of the indemnity provisions in the lease. Defendant denied liability and refused the tender of defense.
Plaintiff filed this third-party action for indemnity, and the case was consolidated with the underlying litigation. Thomas' FELA claims were thereafter submitted to facilitative mediation. The facilitator determined that Thomas' case was reasonably settled for $725,000, with $625,000 allocated to Thomas' 1999 injury.
Plaintiff notified defendant of its intent to settle with Thomas. Defendant declined the settlement.[2] Plaintiff settled the FELA claim in accordance with settlement rendered by the facilitator. Following the settlement, the trial court granted plaintiff's motion for summary disposition of the indemnity claim and entered a judgment of $625,000 against defendant.[3] The court concluded that defendant breached its duty to defend under the lease and therefore could not subsequently dispute its negligence or the amount of the settlement.
This Court reviews de novo a trial court's grant of summary disposition pursuant to MCR 2.116(C)(10). Spiek v Dep't of Transportation, 456 Mich 331, 337; 572 NW2d 201 (1998); Klapp v United Ins Group Agency, Inc, 468 Mich 459, 463; 663 NW2d 447 (2003). Summary disposition under MCR 2.116(C)(10) is properly granted when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Smith v Globe Life Ins Co, 460 Mich 446, 454, 597 NW2d 28 (1999). The court considers the pleadings, affidavits, depositions, admissions and other documentary evidence in the light most favorable to the nonmoving party. Id.
Defendant is incorrect that the review standard for summary disposition is whether a record "might be developed" on which "reasonable minds might differ" and that summary disposition should be granted only if the court is satisfied that "it is impossible" for the nonmoving party's claim to be supported at trial. Id. at 455, n 2. A party opposing a motion for summary disposition has the burden of showing by evidentiary proofs that a genuine issue of material fact exists. Id. "'Where the burden of proof at trial on a dispositive issue rests on a nonmoving party, the nonmoving party may not rely on mere allegations or denials in the pleadings, but must go beyond the pleadings to set forth specific facts showing that a genuine issue of material fact exists.'" Id. at 455, quoting Quinto v Cross & Peters Co, 451 Mich 358, 362, 547 NW2d 314 (1996).
The proper interpretation of a contract is also a question of law that this Court reviews de novo. Klapp, supra. Indemnity contracts are construed in accordance with the rules for contract construction generally. Zurich Ins Co v CCR & Co (On Rehearing), 226 Mich App 599, 603; 576 NW2d 392 (1997); Triple E Produce Corp v Mastronardi Produce, Ltd, 209 Mich App 165, 172; 530 NW2d 772 (1995). Where the terms of a contract are unambiguous, their construction is a matter of law to be decided by the court. Zurich Ins, supra at 604.
This case presents an issue of recovery under an express contract for indemnity when an indemnitee has settled a claim before a determination of liability has been made. Contractual indemnity is an area of law guided by well-settled general principles. Nonetheless, each case must ultimately be determined by the contract terms to which the parties have agreed. Triple E Produce, supra at 172-173; Culley & Assoc v Superior Court, 10 Cal App 4th 1484, 1492; 13 Cal Rptr 2d 624 (1992). Where the parties have contracted to create duties that differ or extend beyond those established by general principles of law, and the terms of the contract are not otherwise unenforceable, the parties must abide by the contractual duties created.
Railroad indemnity agreements have been in use for many years. Burlington Northern R Co v Stone Container Corp, 934 P2d 902, 906 (Colo App, 1997). These agreements are made in contemplation of the railroad's liability under FELA to provide for indemnification of the railroad when the industry's conduct violates the railroad's nondelegable duty to furnish a safe work place. Burlington Northern, Inc v Hughes Bros, Inc, 671 F2d 279, 284 (CA 8, 1982); Consolidated Rail Corp v Ford Motor Co, 751 F Supp 674, 679 (ED Mich, 1990). It is generally recognized that under FELA a railroad may be liable for the failure to provide a safe place to work even where the employee's injury occurred on the premises of the industry. Id.
The railroad sidetrack agreement in this case provided for indemnity with regard to care of the leased premises, ¶ 10, as well as general indemnity, ¶ 19.
10. Care of the Leased Premises. Lessee shall obey and conform to all laws and ordinances, state or local, relating to the care of the Leased Premises. Lessee shall, at its sole cost and expense, maintain the Leased Premises in a neat and sanitary condition, free from hazards, obstructions, ice and snow, debris, inflammable, explosive and combustible materials, including dry grass and weeds.
If any changes in or about the Leased Premises become necessary to comply with any federal or state law or municipal ordinance, Lessee shall make such changes at its sole cost and expense.
* * *
Lessee agrees to indemnify and save Lessor harmless from all claims and liability to others by reason of Lessee's failure to comply with the obligations assumed by Lessee under the provisions of this section.
* * *
19. Indemnity. Lessee acknowledges that leasing property along a railroad right-of-way provides unique advantages as well as some risk that the Leased Premises may be damaged by train operations, maintenance operations and/or derailments. As further consideration for the rights provided herein, Lessee assumes any and all risk and liability for, releases and agrees to indemnify, defend, protect and save harmless Lessor from and against:
* * *
b) claims arising from any injury to or death of any person (including employees of Lessee or Lessor) being on the Leased Premises or caused by or in connection with the use of the Leased Premises, unless caused by the sole negligence of Lessor, its agents or employees.
c) Upon tender of the defense of such claims by Lessor, Lessee shall undertake the defense of Lessor at Lessee's sole cost and expense, including all attorneys [sic] fees and costs.
The trial court resolved this case, not on the basis of the lease agreement's express indemnity provisions, but rather, defendant's express duty to defend. The court held that defendant breached the lease by refusing to defend the case after plaintiff tendered its defense, and therefore, defendant was barred from raising issues of negligence and the proper allocation of damages. The court based this conclusion on an insurer's duty to defend claims even arguably within the scope of the insurance coverage. Defendant contends that the trial court erred in holding defendant to the same standard as an insurance company with regard to defendant's contractual duty to defend. We agree.
Although the rules of contractual indemnity are derived primarily from insurance and construction cases, the rules governing contractual indemnity generally are well-established and govern this case. Fashion House, Inc v K Mart Corp, 892 F2d 1076, 1093-1094 (CA 1, 1989); Culley, supra at 1492. The general rules for contractual indemnity apply to claims of indemnity in commercial transactions, rather than the specific rules governing an insurer's duty to defend. See 13 Mich Civil Jurisprudence, Indemnity and Contribution, § 15, p 243.
If an indemnitor has notice of an action and declines the opportunity to defend it, the general rule is that the indemnitor will be bound by any reasonable, good faith settlement the indemnitee might thereafter make. Fashion House, supra at 1094. Where parties have expressly contracted with respect to the duty to indemnify, the extent of the duty must be determined from the language of the contract. Id.; Culley, supra at 1492. In this case, the contractual duty to defend is coincident with the duty to indemnify under ¶ 19.
Under the unambiguous language of ¶ 19 of the lease, defendant has a duty to defend such claims that fall within its duty to indemnify:
As further consideration for the rights provided herein, Lessee assumes any and all risk and liability for, releases and agrees to indemnify, defend, protect and save harmless Lessor from and against:
* * *
b) claims arising from any injury to or death of any person (including employees of Lessee or Lessor) being on the Leased Premises or caused by or in connection with the use of the Leased Premises, unless caused by the sole negligence of Lessor, its agents or employees.
c) Upon tender of the defense of such claims by Lessor, Lessee shall undertake the defense of Lessor at Lessee's sole cost and expense, including all attorneys [sic] fees and costs.
Unlike in the insurance context, defendant's duty to defend is not separate and distinct from the duty to indemnify, and the court erred in so holding. We agree with defendant that the duty to defend is not absolute, and defendant's contractual duty to defend is not, in and of itself, dispositive of this case.
Nonetheless, the trial court's error does not require reversal. This Court will not reverse an order of the trial court if the court reached the right result for the wrong reason. Etefia v Credit Technologies, Inc., 245 Mich App 466, 470; 628 NW2d 577 (2001). The trial court's grant of summary disposition was proper given plaintiff's potential liability under FELA and evidence that the settlement was reasonable.
Two general principles of law, applicable to contractual indemnity in this context, are well-established. First, if an indemnitee settles a claim against it before seeking the approval of, or tendering the defense to, the indemnitor, then the indemnitee must prove its actual liability to the claimant to recover from the indemnitor. However, the indemnitee who has settled a claim need show only potential liability if the indemnitor has notice of the claim and refuses to defend. 41 Am Jur 2d, Indemnity § 46; Consolidated Rail, supra at 676.
These principles, and the policy underlying their formulation, were directly addressed in Ford v Clark Equip Co, 87 Mich App 270, 276-278; 274 NW2d 33 (1978). If (1) an enforceable contract of indemnity exists, (2) a seasonable tender of defense is made with notice that a settlement will be entered, and (3) the tender of the defense is refused, an indemnitee need show only potential liability to recover on a contract of indemnity. To require a showing of actual liability in these circumstances places too heavy a burden on a defendant who settles after a tender of the defense to the contractual indemnitor and would undermine this state's policy of encouraging the settlement of lawsuits. Id. at 277. "The settlement of a suit benefits both parties and the public." Id.
In Ford, this Court explained the analysis and proof required for potential liability, i.e., in a case such as this one, in which a seasonable tender of defense was made with notice that a settlement will be entered and the tender of defense was refused.
To recover under these circumstances the indemnitee must show that the fact situation of the original claim is covered by the contract of indemnity and that the settlement is reasonable.
Potential liability actually means nothing more than that the indemnitee acted reasonably in settling the underlying suit. The reasonableness of the settlement consists of two components, which are interrelated. The fact finder must look at the amount paid in settlement of the claim in light of the risk of exposure. The risk of exposure is the probable amount of a judgment if the original plaintiff were to prevail at trial, balanced against the possibility that the original defendant would have prevailed. If the amount of the settlement is reasonable in light of the fact finder's analysis of these factors, the indemnitee will have cleared this hurdle. [ Ford, supra at 278 (citations and footnote omitted).]
Defendant does not dispute that the rule of potential liability applies in this case. Rather, defendant claims that the potential liability analysis need not be reached. Citing Ford, defendant argues somewhat circuitously that a prerequisite to the application of the potential liability rule is that indemnity is owed pursuant to contract .
Defendant asserts that plaintiff had the burden of showing that Thomas' claims were covered under the indemnity provisions of the lease, before the trial court could embark on an analysis of potential liability and whether the settlement was reasonable. Accordingly, because questions of fact remained regarding whose negligence caused Thomas' injuries, and whether defendant breached the duty owed regarding ice and snow removal, summary disposition was improper.
We find defendant's reasoning flawed. Defendant's argument raises questions of liability, which are properly resolved under the potential liability standard. To the extent that Ford incorporates sole negligence considerations in determining whether the fact situation is covered by the indemnity contract, we find Ford's analysis confusing and redundant.[4] The threshold question whether the fact situation is covered by the indemnity contract generally requires only a straightforward analysis of the facts and the contract terms.
Under the terms of the parties' lease in this case, it is clear that the fact situation of the original claim is covered under the indemnity contract. Thomas' claim arose from an injury that occurred on the leased premises, which falls within the indemnity provisions, ¶ 19(b). Further, the claim raises an issue of defendant's obligation to keep the leased premises free of ice and snow under ¶ 10.
Defendant argues that under the lease, defendant's duty to remove ice and snow was governed by Michigan law, and because defendant's actions conformed with Michigan law, defendant properly declined plaintiff's tender of defense on the ground that plaintiff was not entitled to indemnification. This argument, though couched in terms of contract coverage, is in actuality a liability argument, properly considered in weighing the reasonableness of a settlement. The fact that the original claim may have been successfully defended by a showing of contributory negligence, lack of negligence or otherwise, is part of the reasonableness analysis. Ford, supra at 278.
We recognize that if defendant had shown that Thomas' suit would have been successfully defended, plaintiff may not recover on the indemnity claim. Id. at 278. Likewise, if defendant had shown that Thomas' injuries were caused by the sole negligence of plaintiff or Thomas, plaintiff could be precluded from indemnification under ¶ 19(b) of the lease. However, defendant presented no conclusive evidence in either regard.
Moreover, defendant argues on appeal that summary disposition was improper because, at a minimum, there were factual issues regarding the reasonableness of defendant's snow removal and Thomas' sole negligence. Defendant's concession that there were factual issues on the issue of negligence essentially is a concession of potential liability and precludes any argument that defendant had no duty to defend on the basis that there was no liability under the parties' lease. Effectively the only evidence tending to establish that plaintiff or Thomas was solely negligent in causing Thomas' injuries were defendant's general allegations. Defendant may not rely on general allegations or denials to overcome a motion for summary disposition. Smith, supra at 455.
Having determined that the fact situation is covered by the contract of indemnity, the only remaining considerations are whether plaintiff had potential liability and whether the settlement was reasonable. It is well-settled that if an indemnitor denies liability and refuses to assume the defense of a claim under a contract of indemnity, the indemnitee, without waiving its right to indemnification, may enter into a good faith, reasonable settlement with the claimant. Neustrom v Union Pacific R Co, 156 F3d 1057, 1066-1067 (CA 10, 1998); Burlington Northern R v Stone, supra at 906. In that circumstance, the indemnitee need only show that it had potential liability and that the settlement amount was reasonably related to the liability exposure and the employee's injuries. Id. at 907. To the extent that Ford can be read differently, it is rejected.
Defendant argues that the allocation of $625,000 of the settlement to Thomas' 1999 injury was unjustified, and, furthermore, plaintiff may have successfully defended the claim. We find defendant's challenge on these grounds untenable.
It is undisputed that plaintiff's liability to Thomas under FELA included a duty to provide a reasonably safe workplace. Under FELA, plaintiff possessed a nondelegable duty to provide its employees with a safe place to work. Burlington Northern, Inc v Hughes, supra at 283; Consolidated Rail, supra at 678-679. "[T]he obstacles to recovery facing FELA plaintiffs are much lower than those facing most tort plaintiffs." Neustrom, supra at 1067. Plaintiff was liable for Thomas' injury if plaintiff's negligence played even the slightest part in producing the injury. Burlington Northern, Inc v Hughes, supra.
Defendant asserts that it cannot be assumed that Thomas would have been successful in his claims regarding the 1999 incident because Thomas could not necessarily show that plaintiff failed to meet the FELA standard of providing Thomas a reasonably safe place to work with regard to the ice and snow removal. Additionally, Thomas failed to heed his supervisor's instruction to simply stand still and not attempt to clean the rail switch. We find these arguments insufficient to survive plaintiff's motion for summary disposition on the issue of potential liability.
"A showing of reasonableness in an indemnity suit should not involve a plenary trial of the underlying FELA issues." Id. Given the FELA standard for liability, and the evidence, defendant has failed to meet its burden of producing evidence that the suit would have been successfully defended. Ford, supra at 278.
Defendant's argument that it cannot be assumed that Thomas would have been successful in his claim is insufficient to survive plaintiff's motion for summary disposition on the issue of potential liability. If a party opposing a motion for summary disposition fails to present evidentiary proofs establishing the existence of a material factual dispute, summary disposition is properly granted. Smith, supra at 455, n 2.
Defendant argues that plaintiff improperly and unjustifiably allocated $625,000 to Thomas' 1999 injury, which was subject to the indemnity claim, and allocated only $100,000 to the 1997 injury, which was not subject to the indemnity claim.[5] Defendant argues that the trial court erred in failing to consider evidence that the bulk of Thomas' injuries were actually attributable to the 1997 accident.
The trial court submitted this case to facilitation/mediation. The independent facilitator rendered a settlement of $100,000 for Thomas' 1997 injury, in addition to the $85,000 previously paid for light duty employment, and a settlement of $625,000 for Thomas' 1999 injury. Although defendant argues that the facilitator merely adopted plaintiff's proposed allocation of the settlement, the facilitator's settlement expressly states: "Mediator [facilitator] agrees that this settlement is reasonable."
In moving for summary disposition, plaintiff presented not only the independent facilitation settlement, but also evidence from Thomas' economic expert that calculated Thomas' net wage loss and lost earning capacity as $1,033,662. Only approximately $10,000 of the one million dollar wage loss was attributable to wages lost before January 11, 1999. Although defendant argues a contrary view of allocation based on the nature of Thomas' injuries, defendant's arguments do not raise a triable issue of fact whether the settlement was reasonable.
We are mindful of the statement in Ford, supra at 278, that "[t]he fact that the claim may have been successfully defended by a showing of contributory negligence, lack of negligence or otherwise, is but a part of the reasonableness analysis and, therefore, subject to proof." We do not read this statement to expand the analysis of the reasonableness of a settlement to include plenary consideration of liability issues in the underlying litigation. To do so would contravene the policy of encouraging the settlement of lawsuits. Id. at 277.
We conclude that defendant failed to raise a triable issue of fact regarding plaintiff's potential liability to Thomas for his 1999 injuries and the reasonableness of the settlement.
/s/ Janet T. Neff
/s/ Kirsten Frank Kelly
WILDER, J., concurring in part and dissenting in part.
While I agree with and join much of the analysis by the majority, I respectfully dissent from section VII B of the majority's opinion. I would conclude that there is an issue of fact regarding the reasonableness of the settlement reached by plaintiff with Terry Thomas and remand for trial on this question.
I agree with the majority's conclusion that "the analysis of the reasonableness of a settlement [does not] include plenary consideration of liability issues in the underlying litigation." Ante at 14. However, "the amount paid in settlement of the claim in light of the risk of exposure" is very much a fact to be considered in determining the reasonableness of a settlement. Ford v Clark Equip Co, 87 Mich App 270, 278; 274 NW2d 33 (1978). Prior to settlement between Thomas and plaintiff, defendant asserted that only $50,000 of the proposed settlement was properly allocable as damages for Thomas' 1999 injuries. In opposing summary disposition in the present case, defendant offered direct evidence of Thomas' injuries and his ability to recover from his injuries to contradict the opinion of the independent facilitator and Thomas' economic expert that damages were appropriately allocated in the amounts of $100,000 for injuries Thomas suffered in 1997, and $625,000 for his 1999 injuries. Because the trial court was required to consider this evidence concerning damages in the light most favorable to defendant, Maiden v Rozwood, 461 Mich 109, 120; 597 NW2d 817 (1999), I would conclude that while defendant may not challenge plaintiff's potential liability to Thomas for his 1999 injuries, defendant has raised a triable issue of fact regarding the reasonableness of the settlement amount allocated to each claim of injury that precludes summary disposition.
/s/ Kurtis T. Wilder
[1] Plaintiff's indemnity action was consolidated with the underlying personal injury suit. Defendant appeals as of right following the dismissal of the underlying litigation pursuant to the settlement.
[2] Defendant purportedly offered to contribute $50,000 toward the settlement.
[3] The trial court also awarded plaintiff attorney fees, interests, and costs, but reserved ruling on the amount of the award until after any appeal.
[4] The burden of proof in Ford was based on a statute that rendered void and unenforceable construction contract provisions purporting to indemnify the sole negligence of the indemnitee, its agents or employees. MCL 691.991; Ford, supra at 275. The Ford Court noted that because of the construction statute, the indemnitee must show that liability was not the result of its sole negligence to establish that the contract covered the situation. Id. at 278-279. In this case, however, the indemnity agreement provided an exclusion for plaintiff's sole negligence, and therefore the indemnitor properly has the burden to establish the indemnitee's negligence to avoid the duty to indemnify. 41 Am Jur 2d Indemnity § 57.
[5] Defendant conceded that the overall settlement of $725,000 was reasonable.


text:
Park Rapids police investigate city's first homicide of 2010
Park Rapids police are investigating the death of a man Saturday night in the city's first homicide of 2010.
Police were called to 619 Woodland Avenue around 9:18 p.m. for a "fight with injuries," said Police Chief Terry Eilers.
Officers and an ambulance responded to find a man giving another man CPR on the front lawn.
"I punched him and he's not breathing," the suspect allegedly told police and paramedics.
Attempts to revive Richard Allen Hoskins,41, were unsuccessful.
The suspect, who is currently in custody, told police he and Hoskins were out all day together having drinks.
"It was just one of those arguments that got out of hand," Eilers said.
He said the victim was punched once in the end of the nose, which can be a deadly area, the chief said. Two eyewitnesses were present, Eilers said.
The death took place in a residential neighborhood north of the downtown area, east of Park Rapids Area High School.
The victim lived at 614 N. Main, a few blocks away.


text:
PDP-1 reimplementation :: Overview
Project maintainers
Name: pdp1
Created: Feb 22, 2011
Updated: Feb 23, 2011
SVN Updated: Apr 17, 2017
SVN: Browse
Latest version: download
Statistics: View
Other project properties
Category: System on Chip
Language: VHDL
Development status: Alpha
Additional info: none
WishBone compliant: No
WishBone version: n/a
License: LGPL
PDP-1 reimplementation using an FPGA. The goal is to run old software like Spacewar!, the music compiler, and Expensive Typewriter on current FPGA hardware. Initial platform is a Spartan 3A starter kit.
For more information on the original machine, see http://pdp-1.computerhistory.org/pdp-1/


text:
The following options are available over the telephone. Each number (e.g., ) represents a key to be pressed on the telephone keypad to access the feature.
TIP: When accessing your account by phone, press to go back to the previous menu or for help. To log out of your account, just hang up the phone.
Place a call.
Then, if needed:
NOTE: If you're on a call that was transferred to you from another eVoice user, you can NOT transfer it again.
After making a selection, follow the prompts to indicate the recipient/destination. Then: Press to complete the transfer.
Record greetings; then:
After recording:
Modify call-routing settings (called Find Me/Follow Me on the TUI), then:
Related Topics
© j2 Global, Inc. All rights reserved. eVoice® is a registered trademark of j2 Global, Inc.
6922 Hollywood Blvd, 5th Floor, Los Angeles, CA 90028


text:
Tool Maker
Cleveland, OH
Westside Cleveland Manufacturing Company is currently seeking a tool maker.
1st shift position, 7am-3:30pm Monday through Friday, occasional OT
$11.13-$11.47/hr and up, based on experience
Duties Include:
Sharpening tools
Repairing tools
Building fixtures
Designing tooling
Analyzes variety of specifications, lays out metal stock, sets up and operates machine tools, and fits and assembles parts to fabricate or repair cutting tools, jigs, fixtures, gauges, or machinists' hand tools, applying knowledge of tool design, shop mathematics, metal properties, and layout, machining, and assembly procedures: Studies specifications, such as blueprints, sketches, or tool description, and plans sequence of operations
Measures, marks, and scribes metal stock to lay out workpieces for machining.
Requirements Include:
Minimum 5 years experience as a tool maker
Ability to meet hiring requirements
Reliable transportation and attendance
Attention to detail
If interested please send a resume to: email@example.com


text:
After nine years in the making, #Marvel is now full steam ahead with Avengers: Infinity War. Just a few days ago, filming kicked off and shortly after the news hit, the Russo Brothers released the first set picture. Now, we possibly have a new and official logo to go with all of this Infinity goodness.
Actor Sean Gunn recently revealed that his Guardians of the Galaxy character, Kraglin, would be appearing in #InfinityWar by posting a picture on his Instagram of himself with Avengers memorabilia. And through his envy-inducing beanie, the actor revealed what looks like the new logo for the third Avengers film. Check it out:
Here's a closer look at it:
The tongue-in-cheek caption read:
"Starting work on a new project. It's secret, though. I can't say what it is."
As we can see, the new logo greatly differs from the old one with which the movie was first announced in 2014:
#Marvel has already changed various established logos for their upcoming movies, such as Thor: Ragnarok, Captain Marvel and more recently, Black Panther (twice), so it's no surprise we would get a redesign for Infinity War as the release date gets closer. But there are still some interesting details to notice:
Differing from the old logo, the new one sports a yellow color for its first half, which is reminiscent to the one used for the #comicbook the film is based on: The Infinity Gauntlet.
On the other hand, its font is much more similar to Infinity's title, a comic book series that dealt with Thanos's arrival on Earth to find his Inhuman son, Thane:
We've known for quite a while that Infinity Gauntlet would be the source material for the film, so it's very unlikely the font is teasing an adaptation of this more modern storyline, especially taking into account the enormous bag of Thanos' backstory it would bring to the table.
Another thing that caught my attention is the #Avengers' signature "A" being part of the logo. I may be overreaching here, but it could be hinting that, even though it's a big space epic, it will be a very personal journey for our heroes.
See Also:
- Peter Dinklage's 'Avengers: Infinity War' Role Possibly Revealed - And It's Not Who We Thought It Was
- Why Benedict Cumberbatch Using A Body Double To Stand In On 'Avengers: Infinity War' Isn't A Big Deal
- Will Spider-Man Defeat Thanos In 'Avengers: Infinity War?
Regardless of what the new logo means (if anything at all), it looks like a great classic comic book throwback that reflects the similarities between Marvel Studio movies and their printed counterparts. Avengers: Infinity War hits theaters on May 4, 2018.


text:
- Home
- Accessories
- Super Tube Ice Tube
Super Tube Ice Tube
Below are the available bulk discount rates for each individual item when you purchase a certain amount
- Buy 6 - 11 and get $3.00 off
- Buy 12 - 24 and get $5.00 off
- Buy 25 - 100 and get $7.00 off
Product Description
The stainless steel Super Tube Ice Tube is hollow and attaches to the top of the 128 oz. Super Tube lid. Simply fill it with ice cubes and your drink will stay cold for hours. Great for outdoor use and can be used for beer, mixed drinks, soft drinks, iced tea, lemonade, margaritas -- anything you want to enjoy on a hot day! Do NOT fill the Super Tube Ice Tube with water and freeze as this may cause damage to the product.
An excellent cooling option for bars/restaurants and individuals that need a little extra cooling power! Remember, the Super Tube Ice Tube product only fits the 128 oz. Super Tube. For the 100 oz. Tall Tube, please see the Ice Tube product or The Chill Stick.
Product Videos
Beer Tubes-How...Informational video on the chilling options for the Beer Tube ...
Product Reviews
Good product
Posted by Unknown on 9th Jan 2014
My only complaint is the cooling tube should be longer, it works well and does keep the liquid cold except for the bottom.
Great quality
Posted by Tyler on 9th Dec 2013
Picked up a super tube beer tower from a local bar that had closed. Was curious on keeping the beer inside cold for longer periods of time. Found the super tube ice tube and decided in purchasing it since the price was reasonable. Upon arrival I was very impressed with the quality. The metal is very thick and heavy. Filled it up with crushed ice and it immediately started chilling. This is a great addition to any beer tower.


text:
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text:
Royal Oak Concert Band: With the Woodward Avenue Jazz Orchestra. Light classics, songs from stage and screen, patriotic selections and jazz favorites from the big band era to the present. 7 p.m. June 11, the Royal Oak Public Library, 222 E. Eleven Mile, Royal Oak. 248-246-3727.
— Compiled by Brendel Hightower
Read or Share this story: http://on.freep.com/1JFD8yw


text: Reply To: Abusive Agent's Commissions Favourite November 28, 2005 at 11:17 pm #60030 AnonymousParticipantThank you, at last exactly what I was trying to point out Drakan and what about the 17% IVA? it comes to the norm for an agent in the IN network. Surely a lawyer comes across this commission weekly.


text:
I Am Popular
Personal Stories, Advice, and Support 123 People
I don't really like being popular,random people in my school don't like me and everyone knows everything about me and it's really annoying.
laneybrooklyn 16-17, F 2 Responses 1 Nov 11, 2014
Tell Me the SecretMaybe you popular people in this group could tell me the secret to being popular. I've tried all sorts of things like offering to do the unpopular jobs at work, letting others have first choice when there is a choice etc, but still I am unpopular. Just what makes you...
Tibicina 41-45, F 3 Responses 0 Feb 13, 2009
laneybrooklyn 16-17, F 1 Response 2 Nov 10, 2014
Little Miss PopularMy whole entire life I have always had tons of friends. I really became popular though after I developed. Tons of guys wanted to go out with me. I still have guys chasing after me to this very day even though most know I have a boyfriend. I like to have more women friends because...
blondiebabe 22-25, F 4 Responses 1 Aug 20, 2007
Like really all of sudden People wanted me tohang out with them now phone blowing up with calls and text msgs How can celebs deal with this 24/7 feeling irrated 😞
Yeah, see? That's me up at the top there.I'm off to bigger and better things, but I won't forget where I came from. But I *am* popular now so, ya know, peace out.
adianoeta 31-35, F 2 Responses 1 Sep 14, 2014
I can't help being popular-but it's not easy cause everywhere I look I see people around me:) at school I'm in high school people want to take selfies with me. Once a girl and one of her friends asked if they could have my autograph.😬 The next day she had told me that she printed my autograph and...
Here's a tutorial on how to be popular.You no need no designer things or showing off a lll your cleavage. How I became popular is when I helped a lot of people and people started knowing me and treating me good becoz i treat them good. Although they know I get spankings, they wouldn't bully me, sure they will...
MayDiana 18-21, F 1 Response 4 Nov 8, 2014
I'm "popular" again! I lovethat this one made it up there, since it's less inane than the other three I know about. :::flips hair:::
adianoeta 31-35, F 2 Responses 3 Dec 25, 2014
Apparently at school I'm like super popularand one of the pretty girls and stuffs. Don't feel like it tho. And I don't put myself into those kinda categories. Screw that
yeah im popular but in my case i use itfor good i hate bullying with a passion so if isaw you as a friend and u bully some1 we just arent friends any more i used to get bullied in elemantary middle school i stood up for my self and everyone just started to revolve around me, it wasnt till 8th grade i realized how...
zae15 18-21, F 1 Response 2 Oct 24, 2015
But In A Nice WayI have always been very well liked by every one i meet, but im not that cliche cocky ******* kind of popular, i gain my friends by being nice and funny. I honestly dont understand why movies make mean people seem so popular, because from what ive seen the mean ones just get...
Mlahh367 18-21, M 1 Response 2 Jul 25, 2013
It's not always the best thingthat people think it is...yea I like that I get a lot of attention and people are always crowding to be around me, but I don't like what goes on outside of school...So many people come to me with their problems expecting me to magically solve them. Between people having sex...
I'm popular at schooland make friends out of school easily.everybody loves me.but sometimes being popular is not the best thing there's always drama,shopping and parties and it gets annoying.boys always like you and are able to play with your feelings.i feel bad for the people that are not...
cchristinaa 16-17, F 2 Responses 0 Jun 25, 2014
I met Justin Bieber ,this was like 3 years ago chill
LifeAsCiara 18-21, F 2 Responses 2 Mar 18, 2016
I am popular, but I believeeven popular people can go through depression. I am very well liked at school but I am fighting suicidal thoughts. I am not a bully, but sometimes I get bullied. I am a very funny person and people love to be around me. If only they knew my pain. There is not a way to tell them...
EthanofDarkness 13-15, M 0 Mar 20, 2016
"Popular" in the sensethat I'm well known and liked by most in my school because of my attitude. I dress like a prep because it emphasizes my formal personality, but I don't act like one. Everyone deserves kindness and that's what I try to deliver.
atchetson2 18-21, M 2 Dec 22, 2014
Hey guys do you thinkthat I'm highly cute people keep saying I am so am I?
shepnas7 18-21, M 0 Dec 17, 2013
Folks, I've done it again.Why is always something inane and pandering that makes the list?
adianoeta 31-35, F 2 Responses 2 Oct 28, 2014
TerriblePopular is such a terrible word, it makes it seem like people like you better than other people. I think being "popular" is just saying a lot of people know you and that others think you're fun to be around
Flyingthecoop 18-21, M 1 Response 5 Feb 16, 2012
And Definitley Not HappyI am and hate it. I have a lot of friends but half of my relationships with other people are fake and are just for keeping up appearances. Its hard to know who your true friends are and I hate having to watch what I say because of how fast **** spreads at my school...
penguinpeace 18-21, M 2 Responses 0 Sep 9, 2009
Ms.popularityi've been popular since i was in kinder.The grade that i'm in right now,i'm way popular then before.i'm friends with like the whole school.I love it.They always give me compliments about my braces,my clothes,my necklaces,my bracelets,e.t.c.Then in my P.E class when we have to...
nightmaregirl1 13-15, F 3 Nov 17, 2012
Damnnnnn ppl 32 notifications?! Hehe I'm popularrr on ep :)
kittykattt6918 16-17, F 1 Response 0 Oct 2, 2014


text:
1 of 4
Henry Domke
Henry Domke's photographs of New England aster flowers are printed on glass and adorn the walls of the ground floor of the Hershey Children's Hospital in Hershey, Pennsylvania.
2 of 4
Courtesy of Henry Domke
At age sixty-three, Henry Domke's art career has really just begun, as he was a family practitioner for over twenty years.
3 of 4
Henry Domke
As with many of his photos, Henry Domke captured this image of water lilies on his property in New Bloomfield. The photo can be found in a healthcare facility in Rancho Mirage, California.
4 of 4
Henry Domke
These photos of flowering dogwood trees hang in at the Stewart Cancer Center at Boone Hospital in Columbia. Henry also has other works on display throughout the hospital.
By Porcshe Moran
After spending more than two decades of his life in the medical field, it seems fitting that doctor-turned-artist Henry Domke prefers to display his work in hospitals rather than art galleries. Healthcare facilities in the United States, Puerto Rico, Canada, England, Germany, and Saudi Arabia showcase his nature photography in their patient rooms, hallways, and waiting areas.
Despite his international reach, Henry does most of his work in his own backyard in New Bloomfield. He and his wife, Lorna, live on a six hundred-acre property with many plants, animals, woods, prairies, ponds, streams, and limestone bluffs. Part of the area is the Prairie Garden Trust—a nonprofit the Domkes are developing.
"These days, I rarely leave the property," Henry says. "Home is my favorite place. It is where I take the majority of my photographs."
Nature walks are a daily routine for Henry. He treks through his vast acreage in central Missouri inspecting the wildlife. In addition to his camera, he carries a pair of binoculars to get close-up looks at the native birds and butterflies.
"I've been interested in nature since I was a kid," he says. "I'll often get lost in what I'm doing in a really positive way. I lose my sense of time, and I'm totally in the moment."
Henry didn't take a traditional path to becoming an artist. After high school, he enrolled in art school but never attended. Instead, he went to the University of Kansas to major in biology, went on to attend medical school at the University of Missouri, and spent twenty-three years as a family doctor in Jefferson City.
"My parents thought I was crazy when I said I wanted to be a doctor because I'd always been interested in art," he says.
Although he put his artistic aspirations on the back burner, they never completely went away. During a yearlong study abroad trip in medical school in 1977, he had the opportunity to sharpen his photo skills. He shot rolls of film in Denmark, Papua New Guinea, Kenya, and New Zealand. Decades later, he reduced his hours at his practice to study fine art at MU. Henry's photography finally made its big debut in 2002 at an art show at the Kemper Center for the Arts at William Woods University in Fulton.
"I think that the definition of an artist is someone who can't say no to art," Henry says. "The desire to do art was always there."
In 2003, Henry fully embraced his art career and founded his company, Henry Domke Fine Art. The purpose of his business, which he co-owns with Lorna, is to provide better and more appropriate art for healthcare facilities.
"The problem that I saw was that the people picking the art for hospitals were choosing edgy, conceptual art that would fit in a high-dollar gallery," Henry says. "That's not what people in a hospital want to see. If you're in a hospital, you're likely nervous. You might be in pain. You don't want to be challenged by the artwork. The purpose of art in healthcare should be to reduce stress. There are studies that show that images of nature have a calming effect."
Henry's first major installation was a huge success. In 2003, Blessing Hospital in Quincy, Illinois, ordered forty large prints. The hospital has even continued to incorporate more of Henry's work with each renovation and expansion.
"I didn't expect any of this," he says. "My art career has been like riding a wild horse. It has been a lot of fun, and the path keeps changing."
Although photography offers Henry freedom and creativity, he still approaches it with the precision of a doctor. He rejects the majority of his photos, and the ones he keeps go through an extensive editing process that includes months of revisions. He currently has more than five thousand images on his website.
"Some of the things I learned in medicine have been helpful to me as an artist," he says. "I have to be thoughtful, professional, and consistent."
Henry's clients go beyond paper and canvas when displaying his work. Some have put his images on metal, acrylic, and glass. Recently, a national textile company began using his photos for a line of fabrics. He also works with a company in Iowa that backlights his work on LED panels.
"It's so cool to see my work transformed with these various materials," Henry says. "It's an ah-ha moment when I see it for the first time."
Henry might not be able to predict where his business will go next, but he has an idea.
"The goal is always to get realistic, attractive images of nature," Henry says. "The way that a great photograph of nature can make you feel is a visceral thing that can't be described in words. If an image makes my heart sing, then I consider it to be a good piece. I've failed if a client doesn't say 'wow' when they look at my art."
Henry's art is on display at health centers throughout the state. For more information, visit henrydomke.com and prairiegardentrust.org.


text:
The Most Insane Vegan Things Ive Eaten Since Moving to Texas
Relocating to Texas has shown me the amazing things you can do when vegan food meets Southern culture.
Recently I moved from my cozy apartment in Los Angeles—land of vegan artisanal cheese stores, rice bowls with lemon kale, and more raw Pad Thai dishes than you can count—to Austin, TX, a world of fried everything and alcohol anywhere, anytime. In fact, when my husband and I took one of our first walks down South Congress Avenue, watching all the evening happy hour-revelers, he turned and said to me, "Wow, people here go hard." Instantly I knew he meant that as a compliment, as people of all ages in the Texas capital indulge in the finer corporeal pleasures to the fullest … specifically by eating whatever they want. Even though I fully admit to loving those lemon kale rice bowls, I dove into my Austin exploration through its burgeoning vegan food scene. Here are the six most insane vegan things I've eaten since moving to Texas.
1. Frito pie
I might still be an Austin newbie, but this little dish doesn't seem so crazy to me anymore. In fact, I can easily consume the city's seemingly favorite dish—chili, pico de gallo, cheese, and guacamole stuffed into a personal-sized bag of Fritos, then eaten out of said bag by the forkful—without feeling full or heavy the next day. There's something incredibly satisfying about digging in and emerging with a gooey, salty mass—perhaps it's addressing some latent, childhood desire to thwart my parents' authority and eat processed food with abandon. Nothing makes me feel more like an Austinite, and nothing makes me feel more ridiculously unequipped to make healthy adult decisions.
2. Mac and cheese burgers
Unlike Frito pie, which is ubiquitous around the city and easily veganized with a cooperative server, macaroni and cheese burgers can be found only (as far as I know) as a special at Arlo's food truck. Often deemed the best burger in the city by omnivores and vegans alike, Arlo's standard vegan burger is topped with housemade vegan macaroni and cheese, pickles, and lettuce, and then sandwiched between a bun. The truck is attached to local music venue Cheer Up Charlies, which gives me the chance to eat a burger, see a show, and feel authentically Austin.
3. Deep-fried red beans and rice balls
While the menu at San Antonio's La Botanika features a variety of Tex-Mex items, the restaurant's deep-fried red beans and rice balls—a variation of Cajun- and Louisiana-style red beans and rice—are something I haven't been able to find anywhere else. Fried to crispy perfection with just a little char, they're the perfect addition to make a happy hour even happier. And after a day of putzing around the river and drinking in an unseasonably warm, sunlit day, I came to this restaurant to sip a mojito and dig in, because apparently that's the kind of person I am in Texas.
4. Vegan Twinkies
One day, whilst staring up at a (I am hoping) non-judgmental man behind the register at a local vegan taco truck, I noticed a box reading "Vegan Twinkies" and decided, "Hey, what the heck, nobody's watching!" and ordered one because I imagined them to be heavenly, moist, cream-filled bites of vanilla goodness. Except for the fact that my husband, my server, and a couple dining on normal-sized portions of food at the table next to us were all watching, I was right: these vegan twinkies were magic. The incredibly moist desserts come from Zucchini Kill bakery, a currently storefront-less vegan bakery that pops up around town with a variety of vegan twists on iconic baked goods. The Texas vegan Twinkie is the perfect companion to the vegan Frito pie, as they satisfy your junk food cravings with a defiant rock 'n' roll twist. How very Texan.
5. Unicorn Poop ice cream with chunks of cookie dough
In the gleaming case of ice creams at local scoop shop Sweet Ritual, you will find it all: marshmallow-speckled Rocky Road, rich chocolate olive oil, warm peanut butter cup, roasty sunflower chocolate chip … and Unicorn Poop. Made from coconut milk, beet juice, skittles, lemon, and tapioca syrup, this strange little scoop tastes exactly like it sounds and is served in a large, gluten free waffle cone that tastes like floating on a cloud of lollipops and roses. Naturally, I had to top it with chunks of rich cookie dough. At Sweet Ritual, however, that's not aberrant behavior. In fact, the quality and quantity of ice cream flavors and toppings presented at this shop have vegans ordering nutty combinations all the time. Just ask my sister, who ordered cookie dough batter topped with caramelized banana and lavender simple syrup, or my mother, who ordered a cone of the sunflower and fig flavors and finished it all (which, if you know my mother, is a rare compliment).
Emily Hunt Kivel is a writer from Austin, TX whose work has appeared in Austin Monthly, Los Angeles Review of Books, Flaunt Magazine, Molossus, Los Angeles Magazine, and more.
Photo courtesy of Arlo's
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Spirit of '68 Presents
Little Green Cars
Mike Adams at His Honest Weight
The Bluebird
216 North Walnut Street
Bloomington, IN, 47404
Doors 8:00 PM / Show 9:00 PM
This event is 21 and over
Watch & Listen
Few of us make much out of the endless weekend hours we spend together when we're young. Draping ourselves throughout our friends' houses and airing out the angst and dreams and heartbreaks that will shape us before they fade away with time, we may make mixtapes, or weave friendship bracelets, or simply craft inside jokes and rosy memories to cherish in years down the line. But for Dublin folk rock quintet Little Green Cars, those Sunday afternoons may have built the most important adventure they'll ever take.
The band - now a quintet of 20-year-olds with a habit of waxing deadly serious about their ever-expanding ambitions - convened in 2008 in a bungalow in Stevie Appleby's parents' backyard for as ordinary a reason as any: as the frontman admits sheepishly, they wanted to win a battle of the bands competition. With guitarist Adam O'Regan and bassist Donagh O'Leary friends since primary school, and the rest having met in secondary, the five rehearsed for the gig, at which they promptly lost out to another local band.
The defeat, however, was surprisingly fuel enough. It inspired them to work harder, to work through their remaining two years of school, during which they produced a massive catalog of demo recordings, blending acoustic and electronic, classical and punk, djembe drums and synth strings.
Then, in 2010, not long before graduation, then-rising manager Daniel Ryan found them at one of their sparse live gigs. With just one client already under his wing, he approached the quintet with a terrifying yet exhilarating ultimatum: Do you want to go to university, or do you want to really be in a band?
"That was the first time we considered looking that far ahead," says guitarist/vocalist/primary songwriter Faye O'Rourke. "We were trying to avoid thinking about the future because of the prospect of college, but..."
The choice became obvious.
"Stevie and I never did anything in school. Ever, ever, ever," says O'Regan, only half-joking. "Certainly, we put all our eggs in one basket. People always teach you that you've got to have something to fall back on, but we figured, by that logic, if we put everything into music, it can't fail. So, that's what we did."
And like that, they dove in. For two years they redoubled their efforts, crafting a wide-eyed musical narrative that mirrored their evolution as an ensemble until, inevitably, label suitors began to knock. In 2011, they signed to Glassnote, where they've been quietly boiling down those demos into an album - the first they've ever recorded.
"The main thing I want to hear out of an artist I admire is the truth," says Appleby. "How they really felt. If I'm going to say something, it may as well be the truth."
The lengths to which Appleby, O'Rourke and the rest of the band will go to tell that truth have yet to reveal their depth, but a full-steam-ahead debut record is a good place to start: finally, five years' worth of backyard Garage Band tracks have a name: Absolute Zero.
The songs of Absolute Zero have only begun to see the light of day, because, as Appleby puts it, "we've always been more interested in recording and writing and experimenting with everything than in touring. The past five years was time spent finding our sound, finding ourselves. We've gone through everything, from acoustic guitars to electronic music. We needed the time to grow up as people and as musicians."
In other words, this is a debut that is a sum total of its creators' ascent to this moment. It is a desperate, under-pillow diary; a painstakingly lettered love note dropped in a locker; a collective, yet very personal, dissertation. On the record's debut single "The John Wayne," a fierce paean to the ones who so easily break our hearts, the lot of them proclaim, "It's easy to fall in love with you/It's easy to be alone/It's easy to hate yourself when all your love is inside someone else." On "My Love Took Me Down To The River To Silence Me," O'Rourke is torn between the heartbreak and the healing that comes from being heartbroken, "But my heart burned out til it was no more/still I wait on the ground, I don't know what for/There is a heart in you/where is the heart in me?/This love's killing me, but I want it to." And by its early-morning close, when Appleby asks, "And who will write and who will fight for this man/I know I am?/And if you're running out of space/Please don't erase your time with me," it becomes clear that it's not just love Little Green Cars are grasping at: even amidst an ex-lover's plea for acknowledgement, the search has grown far beyond that.
Absolute Zero's 48 minutes, crafted in unabashed earnestness with the aid of seasoned epic-producer Markus Dravs (Mumford and Sons' Sigh No More and Babel, Arcade Fire's Neon Bible and The Suburbs, Coldplay's Mylo Xyloto), act as a soul-bearing report, as guileless as the young quintet themselves, on the act of simply growing up: a process that requires, at once, so little and so much effort it could explode you from the inside at any moment.
"This record constantly jumps between two contrasting perspectives: the beauty of a reckless youth and the fear and confusion caused by our ever-pending adulthood," Appleby explains. "It's a hopeful and nave look at love and life in general, which gives the album its bright days - but also deals with isolation, unrequited love and madness, which give the album its long nights, its nightmares. We wanted to express both a feeling of strength and vulnerability, so the work had to encompass both the light and dark."
Most of all, they're hoping to find they're not alone in their search.
"These are all feelings we've had, as a group or as individuals. We hope this is something people can relate to. That's always been why music has been written: it's a voice for people who don't have a voice. Hopefully someone can find some sort of comfort or solace in this. "
Fresh off a whirlwind month of touring that included several CMJ showcases - ones that caught the attention of outlets like NPR and the New York Times - the band will be spending the next few months leading up to Absolute Zero's release preparing themselves for whatever comes next. Because once it drops, all they'll be able to do is to keep their hands outstretched and wait patiently for listeners to reach back.
It's been over three years since Oscillate Wisely, the debut album from Mike Adams At His Honest Weight. A lot has happened to all of us since then, but it was a particularly action-packed time for ol' Mike. His newborn son requiring emergency heart surgeries immediately after birth (doing fine now!), his former rock band of nearly 10 years calling it quits, and plenty of other heavy things have helped shape the follow-up, Best of Boiler Room Classics, into one of the most believably moving albums to come around in a long time.
But forget about all that stuff for a minute because we need to talk about how great these SONGS are! And these are real songs, daddy! Verses, choruses, hooks, bridges, you know, well-written timeless songs that at least some of us will be listening to 50 years from now. The same mixing/mastering team of Adam Jessup & Eric Day have returned and have really taken their time to make this album sound like exactly one million bucks. The thoughtful, hard work that went into this record has resulted in something truly special, like a Midwestern Tusk made by fun, lovable people who actually get along really well.
Best of Boiler Room Classics has the subtle, earnest warmth of an album like the Clientele's Strange Geometry but with the arena-ready grandeur of ELO's Out Of The Blue. While there is an unforgettable instant catchiness to these songs, there is a depth, both lyrically and musically, that makes repeated listens a delight.
While this is not a country album by any means, songs like "Count On It" and "Don't Want It, Don't Get It" find Mike's comforting words gripping your heart like an old Roger Miller ballad. Speaking of "Count On It", just wait until those actual strings kick in at 2:27! It'll do something to you!
What if the GBV albums on TVT had been produced by Cowboy Jack Clement? What if The Wonders songs in That Thing You Do were actually performed by The Pernice Brothers? What if Dee Dee Ramone wrote "Late For The Sky" instead of Jackson Browne? What if Todd Rundgren engineered a Cass McCombs record? Find out on April 29, 2014 at your local record store!
$10.00 - $12.00
Upcoming Events
The Bluebird
Sat, December 2


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- Band of Brothels—a legal organization or union that oversees/regulates prostitution
- Cam Whore—a person who provides online Fanservice on their blog, website, YouTube channel, etc., in exchange for money or material goods.
- Camp Follower—prostitutes who follow and service soldiers during war
- Chippendales Dancers—male strippers
- Compensated Dating—dating older men for pay
- Den of Iniquity: Often a brothel.
- Dirty Harriet—going undercover as a sex worker
- Disposable Sex Worker—prostitutes double as convenient murder victims
- Dominatrix—a woman who dominates men for Fetish Fuel
- Family-Friendly Stripper—a stripper wears an elaborate and theoretically sexy costume that covers just about everything
- Happy Ending Massage—a brothel called a massage parlor
- High-Class Call Girl—a deluxe hooker
- Hookers and Blow—depraved drugs and sex
- Hooker with a Heart of Gold—a kind-hearted sex worker (usually a love interest)
- Miss Kitty—a kind, responsible madam
- Mistaken for Prostitute—someone is mistaken for a prostitute
- Need a Hand, or a Handjob?—solicitation is mistaken for an offer of help
- Platonic Prostitution—a character consorts with a sex worker for non-sex related purposes.
- Professional Sex Ed—a prostitute is hired for someone's first time
- Red Light District—an area of a city known for sex work
- School of Seduction—trade school for sex workers
- Sex Slave—a slave whose main service is sexual labor (not technically a prostitute, as prostitute is defined by being paid)
- Sex Tourism—a character goes on vacation primarily to have sex
- Single Mom Stripper—a single mother who moonlights as a sex worker of some kind
- Son of a Whore—a character whose mother is or was a prostitute
- Streetwalker—a prostitute who walks the street in order to find clients
- This Bed of Rose's—a prostitute gives someone a place to stay
The Oldest Profession
No, not "semi-nomadic hunter-gatherer." Prostitution and similar activities. This page is not safe for work in any way, shape or form, but is legal in most of the state of Nevada. But, yeah, while calling it the "oldest" profession might be a popular turn of phrase, it is still something of a misnomer. Seeing how prostitution is the act of trading sexual favors against something, some sort of good or service, and thereby a profession to produce said good or service, had to already exist for prostitution to come into being in the first place.


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text:
|02 Jun 2016
windows 7 ultimate
Setting up 2 hard disks for desktop
Hi friends
I have two hard disks one with 500GB and another with 1TB capacity. I want both of them to connect to my PC. I read that they can be connected primary master and slave configuration. Currently the system is working fine with Windows 7 installed on 500GB hard disk (which is booting up fine). But I am pretty naive in this regard. Kindly give me some tutorial or pointers on how to do so. Following is the screenshot of the BIOS menu for drive configuration.
|My System Specs
|02 Jun 2016
Windows 7 Professional 64-bit
I can't get the image to come up; what is the make and model of your desktop [or is this a laptop with a dual drive bay]? Is the 2nd HD installed yet?
|My System Specs
|02 Jun 2016
Windows 7 Ultimate, SP1, x86
In a desktop PC, if you have room for two full size hard drives, setting them up to be seen properly by the motherboard only gets testy if you are still using IDE drives and an IDE only motherboard.
If both the drives in question and the motherboard are SATA I, II, or III, then there's NO problem.
Your bios will start looking for a bootable drive at port #0, then #1, #2, and so on. So just connect the drives to the ports on the motherboard, in the order that you want the computer to boot from them.
There are NO jumpers on SATA drives to worry about, like there were on the old IDE drives.
So, that makes things a lot simpler.
But then you didn't give us any information about your computer or what type of drives you have, so, of course that makes helping you pretty hard.
Good Luck!
|My System Specs
|02 Jun 2016
Windows 7 Home Premium SP1, 64-bit
The "master and slave" relationship with drives does not apply unless you are using a PC that is quite old, probably 8 or 10 years old. With newer technology (SATA), there is no such relationship and all drives are independent.
|My System Specs
|02 Jun 2016
W10 Pro x64, W7 Pro x64 in VMware
|My System Specs
|02 Jun 2016
Windows 7 Pro x64 Windows 10 Pro x64
Just connect it to the system with all the power drained from the motherboard, pull the power cord and hold the power button down for 5 seconds, then touch metal anywhere on the case to discharge any static electricity from yourself. Hook up the 1 TB as normal, connect it to sata port #2 on the motherboard, move the dvd rom to the last sata port so you never have to touch it again. Turn on the PC, it may or may not open a window to browse the drive, close it and open disk management and format the drive, and you`ll be able to start using it for storage. Any problems get back to us with a shot of Disk Management.
How to post pictures.
Disk Management - Post a Screen Capture Image
How to get to Disk Management:
Click start>right click computer>manage>disk management Once in DM, right click on the 1 TB drive to format it.
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