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Bergans having Warehouse Sale November 21 and 22Posted: November 21, 2014 Filed under: Stuff / Gear / Things / Product Reviews | Tags: Bergans, Wahreshouse Sale Leave a comment
Law firm is going after GoPro for two different ways a video camera can allegedly lead to a fatality: the camera does not kill you, using the camera kills you????Posted: October 29, 2014 Filed under: Avalanche, Helmets, Product Liability | Tags: avalanche, Avalanche Beacon, Camera, GoPro, helmet, Video Camera 8 Comments
Not the only ways. Better the issue is the failure to warn that doing stupid things to try and become famous might kill you?
A press release went out from a large northwestern law firm looking for people who had been injured or died wearing GoPro Cameras. The first cause of accidents targeted were accidents due to GoPro's interfering with Avalanche Beacons. See Electronic gadgets, including video cameras interfere with Avalanche Beacons. The second was head injuries from mounting GoPro Camera's on a helmet.
Both arguments have major flaws. The first claim that GoPro's interfere with Avalanche Beacons is true. However, any electronic device interferes with an avalanche beacon. If your cell phone is close to your beacon and rings during a search for you, you may not be found. However, cell phones will cause less interference because a phone is shielded. Cameras, video cameras and other electronic devices have less shielding so they create more interference. Put a video camera on your chest, an MP3 Player in your pocket and a walkie-talkie on your chest and you'll never be found.
In researching the article Electronic gadgets, including video cameras interfere with Avalanche Beacons I did not find any electronic device that stated it may interfere with a beacon. Some electronic devices said they may cause interference but it is not specific. Most state that the device meets some FCC shielding requirements.
The second major issue is allegedly helmet mounts affect the helmet's ability to protect your head. The helmet mount issue started with a news report that the GoPro cameras mount caused the helmet being worn by Formula 1 racer Michael Schumacher led to his injuries in a skiing accident. See Michael Schumacher's Ski Accident Brain Injury Said to Be Caused by his GoPro Helmet Cam. The mount was a stick on mount. If stick on mounts affects helmets, goggle holders, stickers and dozens of other things we attach to helmets may be subject to litigation. Supposedly, the French investigation into this did not lead to any problems.
Some helmet mounts use drilled holes into your helmet to mount cameras. GoPro has none of those on its website. (Drill a hole in your helmet?)
The article indicates the law firm does not really understand what is going on. One report suggests that the cameras may interfere not only with the transmission of the rescue signal, but also with the ability of searcher equipment to locate an avalanche victim." Isn't that one and the same no transmission no finds you. Besides what is the "searcher equipment?"
I think a better lawsuit might be the brain damage any video camera does to the wearer. Put on a video camera and you seem to do stupid things. Just go to YouTube.com and you'll find hundreds of videos proving this legal theory.
See Law Firm Begins Soliciting GoPro Customers
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Wilson v. Bicycle South, Inc., 915 F.2d 1503; 1990 U.S. App. LEXIS 18903; 31 Fed. R. Evid. Serv. (Callaghan) 682Posted: September 21, 2014 Filed under: Assumption of the Risk, Cycling, Georgia, Helmets, Legal Case, Product Liability | Tags: assumption of the risk, bicycle, Bicycle South, Bike, Cycling, helmet, Inc., Incorporated, Open and Obvious, Opportunities, Product liability, Skid Lid Manufacturing Company, Trek Bicycle Corporation, Wheel 1 Comment
Wilson v. Bicycle South, Inc., 915 F.2d 1503; 1990 U.S. App. LEXIS 18903; 31 Fed. R. Evid. Serv. (Callaghan) 682
Lois Elaine Wilson, Plaintiff-Appellant, v. Bicycle South, Inc., a Georgia Corporation, et al., Defendants-Appellees
No. 89-8522
915 F.2d 1503; 1990 U.S. App. LEXIS 18903; 31 Fed. R. Evid. Serv. (Callaghan) 682
October 30, 1990
SUBSEQUENT HISTORY: As Amended.
PRIOR HISTORY: [**1] Appeal from the United States District Court for the Northern District of Georgia. No.1: 85-cv-2658-CAM; Moye, Jr., Judge.
COUNSEL: Robert H. Benfield, Jr., Middleton & Anderson, Atlanta, Georgia, for Appellant.
For Trek Bicycle: Stephen F. Dermer, Smith Gambrell & Russell, Atlanta, Georgia.
For Bicycle South: Jonathan Mark Engram, Swift Currie McGhee & Hiers, Thomas E. McCarter, Atlanta, Georgia.
For Opportunities, Inc.: Tommy T. Holland, Carter & Ansley, Christopher N. Shuman, Atlanta, Georgia.
For Skid Lid: Palmer H. Ansley, Long Weinberg Ansley & Wheeler, David A. Sapp, Atlanta, Georgia.
JUDGES: Clark, Circuit Judge, Morgan and Hill, * Senior Circuit Judges.
* See, Rule 34-2(b), Rules of the U.S. Court of Appeals for the Eleventh Circuit.
[*1504] HILL, Senior Circuit Judge
This appeal concerns a products liability action based upon alleged breach of warranty, strict liability, and negligence resulting in injuries to Lois Elaine Wilson ("Wilson"), appellant. Wilson incurred head injuries during an accident in Georgia while on a cross-country bicycle trip. The jury returned a verdict in favor of Wilson and against one defendant on a bicycle helmet defect claim, and against Wilson and in favor of three defendants on a bicycle wheel defect claim. The district court granted a judgment notwithstanding the verdict on the helmet claim. Plaintiff appeals [*1505] this grant and also alleges several other errors by the district court concerning the bicycle wheel claim.
A. Issues Presented
Appellant raises four distinct categories of issues on appeal. First, appellant claims that the district court erred in granting appellee Skid Lid Manufacturing Company's ("Skid Lid") motion for a judgment notwithstanding [**2] the verdict. Second, appellant contends that the district court improperly commented on the evidence. Third, she asserts that the district court committed reversible error by refusing to admit "similar accident" evidence. Finally, appellant maintains that the district court erred in charging the jury on the defense of "legal accident."
We hold that the trial court did not err in granting the JNOV. Nor do the trial judge's comments on the evidence provide cause for reversal. Similarly, we find appellant's third and fourth contentions to be meritless.
B. Factual and Procedural History
On January 6, 1983, appellant purchased a Trek 614 touring bicycle. Trek Bicycle Corporation ("Trek") manufactured the bicycle, Opportunities, Incorporated ("Opportunities") assembled the bike's rear wheel according to Trek's specifications, and Bicycle South, Inc. ("Bicycle South") sold the bike to appellant. The latter three parties will be referred to collectively as "the bicycle defendants." On February 9, 1983, appellant also purchased, from a company not a party to this lawsuit, a bicycle helmet manufactured by Skid Lid. Rather than purchase a helmet covering her entire head, appellant chose [**3] one that only covered the top half of her head, coming down to about the top of her ears.
Wilson purchased the bike and helmet for a cross-country bicycling trip from Florida to California. Eight days into her trip, on April 23, 1983, Wilson sustained head injuries in a fall from the bicycle while she was riding downhill on a two-lane Georgia highway between Plains and Americus, Georgia. Between January 6 and April 23, Wilson had ridden approximately 1200 to 1600 miles on the bicycle.
The cause of appellant's fall is disputed by the parties. Appellant maintains that the rear wheel collapsed into a saddle-like shape as a result of an improper manufacturing process and a failure to retrue the spokes of the wheel after the rim was assembled. Under this theory, the tension in the wheel, which was not released after the rim was formed and the wheel assembled, caused the spokes to loosen after use and led to the collapse. The bicycle defendants, on the other hand, maintain that the fall did not result from the wheel collapse, but that the wheel collapsed as a result of appellant's fall from the bike. 1
1 The actual cause of the fall does not affect the issues currently before this Court.
[**4] The point of initial impact between Ms. Wilson's head and the pavement was behind her left ear and below the edge of the helmet. As a result of the impact, she claims that she sustained three injuries. The first two, a basilar skull fracture and occipital scalp laceration, were not particularly serious and do not comprise the more serious damage. The more serious injury was a "contre-coup" (an injury to the opposite side of the head from the point of initial impact) brain contusion.
Alleging defects in the bicycle wheel and helmet, Ms. Wilson filed a complaint in this products liability action based upon breach of warranty, strict liability, and negligence. During the trial, appellant attempted to introduce evidence of a prior bicycle wheel defect claim brought by another party against Trek, Opportunities, and another bicycle store, alleging that the incidents were substantially similar. The trial court excluded the earlier incident.
At the beginning of his charge, the trial judge explained to the jury:
As a federal judge, I have the right, power, and duty to comment on the facts, to express my opinion with respect thereto . . . but remember, in the last analysis, every factual issue [**5] in this case must be decided by you, by you alone, and anything that anybody else in this room says [*1506] about the facts is a mere opinion, not binding upon you.
Subsequently, referring to witness testimony, the judge again emphasized that "as sole judges of the facts, you, the jury, and you only, must determine which of the witnesses you believe and what portion of their testimony you accept and what weight you attach to it." Prior to analyzing and giving his opinion of the evidence that Ms. Wilson presented, 2 the judge again cautioned the jury that "you, as jurors, are at liberty to disregard each, every, and all comments of the court in arriving at your own findings of the facts." At the conclusion of his remarks, the trial judge further emphasized:
Let me stress as strongly as I can that you, the jury, are the sole and only judges of the facts. The past several minutes I have been giving you [**6] my opinion with respect to matters committed solely to your decision, not mine. My comments are and can only be expressions of a personal opinion and are not binding on you in any way, shape, or form. Remember that in considering every issue in this case, including those to which I have just alluded, you must resort to your own recollection of the evidence, not that which I have just stated. . . . You must, in the diligent performance of your duty, rely on your recollection of all the evidence and not merely that which I may have called to your attention and emphasized.
2 The trial judge focused especially on items of derogatory information with respect to appellant's expert, Mr. James Green.
On April 13, 1989, the jury returned a verdict in favor of appellant against appellee Skid Lid in the amount of $ 265,000 on the helmet claim. On the bicycle wheel claim, the jury returned a verdict against appellant and in favor of the bicycle defendants.
On April 21, 1989, appellee Skid Lid moved for a judgment notwithstanding the verdict, and on May 24 the trial court entered an Order granting the motion. The court did so because it found that Ms. Wilson had "assumed the risk of injury as to parts of her body patently not covered by the helmet."
A. The Helmet & the Judgment Notwithstanding the [**7] Verdict
[HN1] We review the district court's grant of a JNOV under the same standard as the district court used in determining whether to grant a JNOV. As we stated in Castle v. Sangamo Weston, Inc., 837 F.2d 1550, 1558 (11th Cir.1988):
All of the evidence presented at trial must be considered "in the light and with all reasonable inferences most favorable to the party opposed to the motion." A motion for judgment n.o.v. should be granted only where "reasonable [people] could not arrive at a contrary verdict. . . ." Where substantial conflicting evidence is presented such that reasonable people "in the exercise of impartial judgment might reach different conclusion, [sic]" the motion should be denied. (citations omitted)
In applying this standard for the sufficiency of evidence, we also look to Georgia substantive law to determine whether Skid Lid deserved judgment as a matter of law. See Erie v. Tompkins, 304 U.S. 64, 58 S. Ct. 817, 82 L. Ed. 1188 (1938); Salter v. Westra, 904 F.2d 1517, 1524 (11th Cir.1990).
Defendants in products liability actions have asserted two similar defenses in attempting to steer clear of liability, assumption of the risk and the "open and obvious [**8] rule." 3 While the trial judge in this case based the JNOV on assumption of the risk, we also address the open and obvious rule because affirmance of the JNOV is proper even if based on a different rationale. See Paisey v. Vitale, 807 F.2d 889, 890 (11th Cir.1986).
3 This rule is also known as the "patent danger rule" and has its roots in a New York decision involving negligence law, Campo v. Scofield, 301 N.Y. 468, 95 N.E.2d 802 (1950). New York later abandoned the rule in Micallef v. Miehle Co., 39 N.Y.2d 376, 384 N.Y.S.2d 115, 348 N.E.2d 571 (1976).
[*1507] We need not reach the assumption of the risk issue if the helmet was not defective because Skid Lid would have breached no duty to Ms. Wilson. We thus initially address the open and obvious rule. [HN2] The open and obvious rule states that a product is not defective if the peril from which injury could result is patent or obvious to the user. Stodghill v. Fiat-Allis Construction Machinery, Inc., 163 Ga. App. 811, 295 S.E.2d 183, 185 (1982). This determination [**9] regarding the peril is made on the basis of an objective view of the product. Weatherby v. Honda Motor Co., Ltd., 195 Ga. App. 169, 393 S.E.2d 64, 66 (1990) (certiorari denied June 21, 1990). In assessing what is obvious, it must be remembered that, contrary to the belief of some, the American public is not child-like. Stodghill is instructive in this respect. In Stodghill, the plaintiff was using a bulldozer manufactured by the defendants to clear felled trees from a construction site when a tree jumped over the bulldozer blade and struck him in the chest. The plaintiff claimed that the machine was defective because it had no protective metal cage surrounding the driver's seat. The Georgia Court of Appeals recognized that the plaintiff "was obviously aware that the bulldozer he was operating had no protective cage and that the absence of this safety device exposed him to the danger of being injured by anything which might strike the driver's compartment." Id. 295 S.E.2d at 184. The court concluded that
"because the failure of the appellees in this case to install a protective cage over the driver's seat of the bulldozer was an obvious characteristic of the machine [**10] which created no hidden peril and did not prevent the machine from functioning properly for the purpose for which it was designed, it cannot reasonably be considered a design or manufacturing defect under Georgia law."
Id. at 185.
Similar to the absence of the protective cage on the bulldozer, it is or should be apparent to one who purchases an article of clothing or protective gear that the article can only protect that portion of the body which is covered. A person purchasing a bullet proof vest cannot realistically claim that he expected it to protect him from a bullet in the leg. Likewise, one purchasing a sleeveless t-shirt cannot protest that it should have protected him from a scrape on the arm. In the case at bar, rather than selecting a helmet covering her entire head, appellant elected to purchase a helmet that she knew covered only the top half of her head. She did know, or certainly should have known, that the helmet with less extensive coverage would not protect her from an impact to an area not covered by the helmet. Unlike a full helmet, the half-helmet was not designed to protect against impacts anywhere on the head. The extent of coverage was "an obvious characteristic [**11] of the [helmet] that created no hidden peril and did not prevent the [helmet] from functioning properly for the purpose for which it was designed." Stodghill, 295 S.E.2d at 185. We thus find, as a matter of law, that the helmet was not defective under Georgia law. 4
4 We note that Georgia courts have been careful to avoid treating the American public as children where a peril is obvious or patent and the product thus not defective. In Weatherby, the five-year old plaintiff had been a passenger on an off-road motorcycle that did not have its gas cap in place. During the ride over uneven terrain, gasoline splashed from the open tank and ignited, causing burns to the plaintiff. The court found that an open fuel tank "surely suggests the possibility of spillage," that because the fuel tank is located above the engine "gravity can be anticipated to bring the spilled fuel in contact with the engine and spark plug," and that the dangers of spilled gasoline coming into contact with an engine are generally known. 393 S.E.2d at 67. The court consequently concluded as a matter of law that the peril of an open fuel tank resting over the engine and its spark plug was "an obvious or patent peril," and that the product was thus not defective. Id. at 68.
[**12] Even if the failure to cover the full head were a defect, it is still beyond peradventure that appellant assumed the risk of injury to the parts of her body patently not covered by the helmet. [HN3] Under Georgia law, "'if the user or consumer discovers the defect and is aware of the danger, but nevertheless proceeds unreasonably to make use of the product, he is [*1508] barred from recovery.'" 5 Center Chemical Co. v. Parzini, 234 Ga. 868, 870, 218 S.E.2d 580 (1975) (citation omitted). The first part of the test, actual knowledge of the defect and danger, is fulfilled because appellant had subjective knowledge that the helmet she purchased only covered a portion of her head. Had appellant, somehow, been unaware that the helmet only partially covered her head, the result might be different. As counsel for appellant admitted at oral argument, however, there is no evidence that she thought the helmet covered more of her head than it did cover, or that she believed it would protect her from injury to parts of her body not covered. Nor do we find, after our careful review of the transcript, any testimony to that effect. As for the second portion of the test, unreasonable use, it seems axiomatic [**13] to say that it is unreasonable to use a helmet to protect a portion of the body that the helmet clearly does not cover.
5 This test, in contrast to the open and obvious rule, looks to the subjective perceptions of the user or injured party. Another difference between assumption of the risk and the open and obvious rule is that while the latter places the burden of proof on the plaintiff, the former places it on the defendant. Weatherby, 393 S.E.2d at 66. See also Annotation, Products Liability: modern status of rule that there is no liability for patent or obvious dangers, 35 A.L.R. 4th 861, 865 (1985) (discussing open and obvious rule and the differences from assumption of the risk).
In sum, the district judge properly granted appellee Skid Lid's motion for a JNOV.
B. Comments on the Evidence
At the close of the case, the district judge employed the time-honored, though little used, right and duty of a federal trial judge to comment on the evidence. As the Supreme Court stated in Quercia v. United [**14] States, 289 U.S. 466, 469, 53 S. Ct. 698, 698-99, 77 L. Ed. 1321 (1932):
[HN4] In a trial by jury in a federal court, the judge is not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct and of determining questions of law. (citation omitted) In charging the jury, the trial judge is not limited to instructions of an abstract sort. It is within his province, whenever he thinks it necessary, to assist the jury in arriving at a just conclusion by explaining and commenting upon the evidence, by drawing their attention to the parts of it which he thinks important; and he may express his opinion upon the facts, provided he makes it clear to the jury that all matters of fact are submitted to their determination. (citations omitted) Sir Matthew Hale thus described the function of the trial judge at common law: "Herein he is able, in matters of law emerging upon the evidence, to direct them; and also, in matters of fact to give them a great light and assistance by his weighing the evidence before them, and observing where the question and knot of the business lies, and by showing them his opinion even in matters of fact; which is a great advantage and [**15] light to laymen. (citation omitted)
The trial judge will not be reversed unless his comments "excite a prejudice which would preclude a fair and dispassionate consideration of the evidence." Id. at 472, 53 S. Ct. at 700. See also United States v. Hope, 714 F.2d 1084, 1088 (11th Cir.1983) ("[a] trial judge may comment upon the evidence as long as he instructs the jury that it is the sole judge of the facts and that it is not bound by his comments and as long as the comments are not so highly prejudicial that an instruction to that effect cannot cure the error"). 6 It is only where [*1509] this prejudice exists that the substantial rights of the parties are affected and Fed.R.Civ.P. 61 permits disturbing a judgment. 7 In assessing whether this prejudice exists and has affected the parties' substantial rights, we consider the record as a whole and not merely isolated remarks. See Newman v. A.E. Staley Mfg. Co., 648 F.2d 330, 334-335 (5th Cir. Unit B June 1981). "The test is not whether the charge was faultless in every particular but whether the jury was misled in any way and whether it had understanding of the issues and its duty to determine those issues." Bass v. International [**16] Bhd. of Boilermakers, 630 F.2d 1058, 1065 (5th Cir.1980) (citations omitted).
6 Other circuits have adopted similar language regarding a trial judge's right to comment on the evidence. See, e.g., White v. City of Norwalk, 900 F.2d 1421 (9th Cir.1990); Johnson v. Helmerich & Payne, Inc., 892 F.2d 422 (5th Cir.1990); Vaughn v. Willis, 853 F.2d 1372 (7th Cir.1988); United States v. Munz, 542 F.2d 1382 (10th Cir.1976), cert. denied, 429 U.S. 1104, 97 S. Ct. 1133, 51 L. Ed. 2d 555 (1977); Mihalic v. Texaco, Inc., 377 F.2d 978 (3d Cir.1967); Meadows v. United States, 144 F.2d 751 (4th Cir.1944); A number of practitioners and commentators have also assessed the role of the judge in a jury trial. See, e.g., Bancroft, Jury Instructions, Communications, Juror Substitutions and Special/Partial Verdicts: Selected Topics — The Principal Law, 340 Prac.L.Inst. 611 (1987); Loeffler, Project — Seventeenth Annual Review of Criminal Procedure: United States Supreme Court and Courts of Appeals 1986-1987 (III. Trial: Authority of the Trial Judge), 76 Geo.L.J. 986 (1988); Murphy, Errors in the Charge, 14 Litig. 39 (1988).
7 [HN6] Fed.R.Civ.P. 61 provides in part:
"No error . . . is ground for granting a new trial . . . unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties."
Appellants allege that the district judge went too far in commenting on the evidence and on the testimony of their expert, Mr. Green. We do not doubt that a trial judge could misuse his authority. 8 After careful review of the record, however, while we are not prepared in this case to suggest the outside limits on a trial judge's comments, we are satisfied that the district judge here did not overstep his bounds. As recounted in Part I.B. of this opinion, he went to great lengths to assure that the jury understood that it was the sole fact-finder in the case. 9 When his remarks are considered in their entirety, on the facts of this case we find no prejudice affecting the substantial rights of the parties.
8 Perhaps one of the best examples of a jury charge that would constitute an abuse of authority today, but was permitted prior to Quercia, is Judge Emory Speer's eight and one-half hour, 92 page charge in United States v. Greene, 146 F. 803 (S.D.Ga.1906), cert. denied, 207 U.S. 596, 28 S. Ct. 261, 52 L. Ed. 357 (1907). In testimony before a congressional committee looking into the possibility of impeaching Judge Speer, Alexander Lawrence (one of Greene's defense attorneys) characterized the judge and his charge as follows:
He knows the jury, knows how to play on their passions, on their prejudices, as no living man that I have seen could do it; he has a faculty for marshalling evidence that I have never seen another living man able to marshal; and in that Greene & Gaynor case he charged that jury for eight hours and I will challenge any six prosecuting attorneys in the United States, from the Attorney General down, all of them together, to take that mass of testimony taking three months' time that Judge Speer heard, and then put it down in as ingenious an argument against the defense as Judge Speer put it in that thing. It was a masterpiece of oratory, but a very poor thing when you come down to look at it from a judicial standpoint.
H. Res. 234, 63rd Cong., 2d Sess. (1914) (Minority Report of Representative Volstead).
Since, Quercia, many appeals courts have overturned cases where the trial judge has gone too far. See, e.g., Bentley v. Stromberg-Carlson Corp., 638 F.2d 9, 11 (2d Cir.1981) (trial judge's comments to the jury gave all the arguments for the defendant, being "tantamount to directing a verdict" for defendant); McCullough v. Beech Aircraft Corp., 587 F.2d 754, 761 (5th Cir.1979) (trial judge's mistaken assertions virtually destroyed appellant's circumstantial case, requiring reversal); Maheu v. Hughes Tool Co., 569 F.2d 459, 471-472 (9th Cir.1978) (trial judge's comments amounted to "personal character reference" for witness and thus "went too far").
9 It seems that the jurors responded to the trial judge's direction that they were the sole fact-finders. The judge brought to their attention that appellant's expert had been prepared to testify that the helmet was defective because of one set of facts and then shifted his reasoning when that set of facts was disproven; nevertheless, the jury still awarded appellant $ 265,000 against the helmet manufacturer.
In the course of his remarks, appellant also contends that the trial judge improperly restricted her case to the testimony of her one expert, Mr. Green. In stressing the importance of Mr. Green's testimony to appellant's case, the judge stated as follows:
In this case, as in every case, there are the two big main issues: one, liability, and, two, the amount of any damages proximately flowing therefrom. The plaintiff has the burden of proving each and every element of the plaintiff's case. The plaintiff's entire case here, and in meeting the elements which must be proved, rests upon the expert testimony, [*1510] that is, the expert opinion, of Mr. Green. Except for Mr. Green's testimony, the plaintiff [**19] has not made out a case of liability. With Mr. Green's testimony, the plaintiff has made out a legal case on liability; therefore, the court suggests that the first, immediate, and crucial issue in the case for you to determine is the credibility or the believability of Mr. Green.
After studying the record, we find no merit in appellant's contention. We are inclined to agree with the trial judge that, without Mr. Green, the case would not have been one for the jury.
In sum, we find that on the facts of this case the trial judge's comments to the jury, when taken as a whole, neither excited a prejudice affecting the substantial rights of the parties nor incorrectly instructed the jury.
C. The Allegedly Similar Accident
Appellant argues that the trial court erred by refusing to admit evidence of the collapse of another wheel manufactured by appellees Trek and Opportunity. Appellant sought to show appellees' notice of a defect in the wheel, the magnitude of the danger, appellees' ability to correct a known defect, the lack of safety for intended purposes, the strength of the product, the standard of care, and causation.
The trial judge denied the proffer on the grounds that the evidence [**20] was not probative because of the necessity for a considerable amount of extrinsic evidence to determine whether the incidents were sufficiently similar to meet the standards of Fed.R.Evid. 403. 10 [HN7] A trial judge has broad discretion over the admission of evidence, Borden, Inc. v. Florida East Coast Ry. Co., 772 F.2d 750, 754 (11th Cir.1985), and we find that the district judge did not abuse his discretion. 11
10 The cause of the alleged similar incident had never been established because that case settled out of court. The parties in the instant case vigorously dispute the actual cause, demonstrating that even had the trial court reached the issue of whether the two incidents were similar this issue would have required a trial within a trial.
11 Because of our disposition of this issue, we need not reach the question of whether the two incidents were actually similar, and if so, whether the prior incident would have been properly excluded under Fed.R.Evid. 403.
D. The Charge on "Legal Accident"
In his [**21] instructions to the jury, the judge included a charge on "legal accident." 12 To determine whether such a charge is appropriate, we first look to Georgia substantive law. See Erie v. Tompkins, 304 U.S. 64, 58 S. Ct. 817, 82 L. Ed. 1188 (1938); McCullough v. Beech Aircraft Corp., 587 F.2d 754, 759 (5th Cir.1979). [HN8] Georgia law permits a charge on "legal accident" where there is evidence in the record authorizing a finding that the occurrence was an "accident." 13 Chadwick v. Miller, 169 Ga. App. 338, 344, 312 [*1511] S.E.2d 835, 840 (1983). 14 Where appropriate, the charge is valid in a products liability case. Kemp v. Bell-View, Inc., 179 Ga. App. 577, 579, 346 S.E.2d 923, 926 (1986).
12 This portion of the charge reads as follows:
Now, let me tell you that the mere fact that an accident happened or an occurrence happened from which injury stemmed standing alone does not permit a jury to draw any inference that the occurrence was caused by anyone's negligence or by any defect.
Now, I have used the word "accident" loosely, as I think is commonly the practice, is interchangeable with the word occurrence producing injury, but in Georgia law accidental injury means, in connection with personal injury actions such as this, any injury which occurs without being caused by the negligence either of the plaintiff or of the defendants. The idea of accident removes responsibility for the cause of the injury if found to have occurred by reason of a legal accident as defined under Georgia law, that is, one which is caused by the negligence neither of the plaintiff or the defendants.
It is necessary that you find from a preponderance of the evidence in this case, in order to find for the plaintiff, that the occurrence and/or resulting injuries were the result of defect and/or negligence and/or breach of warranty to the exclusion of legal accident, as I have defined that term to you, because the plaintiff has the burden of proof, as I will charge you later, to demonstrate by a preponderance of the evidence that the occurrence did, in fact, result from defect and/or negligence and/or breach of warranty, to the exclusion of legal accident.
13 [HN9] "Accident" is defined as "an occurrence which takes place in the absence of negligence and for which no one would be liable." Chadwick, 169 Ga. App. at 344, 312 S.E.2d 835.
14 Appellant cites Seaboard Coastline R.R. Co. v. Delahunt, 179 Ga. App. 647, 347 S.E.2d 627 (1986), for the proposition that a charge on "legal accident" can be given only where there is no evidence of negligence on the part of either party. The Georgia Court of Appeals recognized in Stiltjes v. Ridco Exterminating Co., 192 Ga. App. 778, 386 S.E.2d 696, 697 (1989), however, that Delahunt had misstated the law in Georgia.
Because the manner of giving jury instructions is procedural rather than substantive, it is governed by federal rather than state law. McCullough, 587 F.2d at 759. In reviewing alleged errors in jury instructions, we must determine whether the trial court's charge, considered as a whole, "sufficiently instructs the jury so that the jurors understand the issues involved and are not misled." Mark Seitman & Assocs., Inc. v. R.J. Reynolds Tobacco Co., 837 F.2d 1527, 1531 (11th [**23] Cir.1988) (citation omitted). We will only reverse if we are left with "a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations." Id. (citation omitted).
After careful review, we find evidence in the record that supports a charge on legal accident as defined by Georgia law. We are therefore satisfied that the district judge properly guided the jury with respect to this issue.
For the foregoing reasons, we AFFIRM the judgment of the district court.
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If you want a safer bicycle helmet get one with MIPSPosted: August 26, 2014 Filed under: Helmets | Tags: Bicycle helmet, Cerebrospinal fluid, helmet, MIPS architecture, Sweden 1 Comment
|MIPS AB, the patented Multi-directional Impact Protection System, will be launched in more than 20 new helmet models this year alone. MIPS will be available in helmets across all categories including road, mountain, commuter, youth and women's bike helmets from 661, Fox, Lazer, POC, Scott Sports, Smith Optics, Sweet Protection, Triple 8, and more.
The MIPS brain protection system reduces rotational forces on the brain caused by angled impacts to the head. In a MIPS helmet, the shell and liner are separated by a low friction layer that lets the helmet slide relative to the head during impact. The MIPS design was inspired by the cerebral spinal fluid surrounding the human brain, which allows it to slide inside the head on impact. MIPS mimics this protective mechanism by giving the helmet its own low-friction layer which also slides to absorb much of the energy created by an angled blow to the head.
|Brain Protection System
|For more information contact: Johan Thiel, CEO of MIPS AB,
E-mail: johan.thiel Mobile: +46 73-399 65 88
Enjoy Bicycle Racing? Enjoy photos of races from the 20's & 30's? Want to see new bicycle racing photographs from 100 years ago?Posted: July 29, 2014 Filed under: Cycling, Product Review | Tags: bicycle, Cycling, France, Goggles, Goggles & Dust, Googles & Dust: Images from Cycling's Glory Days, Lance Armstrong, Tour de France, Velo Press, Vincenzo Nibali Leave a comment
Goggles & Dust: Images from Cycling's Glory Days, Velo Press
Velo Press will publish early this fall a new book for photographs of cycle racing from the early 1900's that you have not seen before. Goggles & Dust: Images from Cycling's Glory Days, has 101 photographs from the turn of the century of bicycle racing in France.
We've seen the suffering photos before; these cover all aspects of the race from the start to the finish, crashes and repairs to victories. The photographs bring back those great days in ways you've never seen before.
The greatest kick I got was seeing what has not changed in 100 years of racing the Tour de France. Cars still follow the riders, and based on the 2014 tour; riding conditions still suck, spectators still run alongside races as they struggle up hill.
At the same time, the photographs show you bicycle racing has come a long way. No longer do riders carry spare tires; water bottles are plastic and on the seat and down tubes and bikes are more than a single speed.
If you enjoy old cycling or new racing, you'll love this book.
Goggles & Dust: Images from Cycling's Glory Days, Velo Press, Hardcover September 2014, ISBN 978-1-937715-29-8
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New Oral Re-Hydration Mix from Skratch Labs: Rescue Hydration MixPosted: July 18, 2014 Filed under: Product Review, Stuff / Gear / Things / Product Reviews | Tags: Boulder Colorado, Dehydration, Nutrition, running, Skratch Labs, Sports drink, swimming, x, y, z Leave a comment
Great photo essay of a Ropes course showing everyone with helmets designed to protect only from above.Posted: June 12, 2014 Filed under: Challenge or Ropes Course, Helmets | Tags: challenge course, Climb, Climbing Helmet, Granville, helmet, Ohio, Recreation, Rock climbing, Ropes course, Tree 3 Comments
Climbing helmets only protect from drops. What falls from the sky?
A photographer did a great job of showing a group of people having a great time on a rope's course in Granville, Ohio. The course and setting are beautiful. Everyone is wearing helmets. All the helmets in the photographs are climbing helmets.
Climbing helmets were designed for rock climbing. They were designed to protect you from a rock falling on your head. They are also tested to make sure if you fall and wedge your head in a crack because of your helmet the helmet will come off.
The only things I can see in the photographs that might fall on the people's heads are trees. If a whole tree falls on you, there is not much you can do. Dependent upon the size of the tree limb, the helmet may or may not help you much.
But why? Why do you wear a helmet on a rope's course?
Based on this, shouldn't all groups hiking in the woods wear helmets?
See Common Ground Canopy Tours take you into the treetops near Oberlin, with zip-lines, sky bridges and more (photo gallery)
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...I am very flexible and will be happy to reschedule any tutoring sessions that need to be made up. I look forward to hearing from you and helping you succeed in your studies!I have a BA in Latin from Franklin & Marshall College, and an MA in Classics from Florida State University. I taught Latin 1- AP Latin at University City High School for two years.
6 Subjects: including Latin, literature, world history, art history
Boulder, CO
I am currently a librarian for the Denver Public Library, and also an experienced tutor and teacher, having helped students with the SAT, ACT, AP and SHSAT exams. My specialty is English composition and reading comprehension, along with Latin (I have experience tutoring for the AP Latin Vergil exam...
20 Subjects: including Latin, reading, English, writing
Denver, CO
...Currently seeking a elementary education position and waiting my endorsement from the Colorado Department of Education. Have a passing Praxis score of 180/200 for the Elementary Education Content knowledge exam. During my teaching training program, I spent 4 weeks on literacy instruction and taught first grade for a four week summer program.
14 Subjects: including Latin, Spanish, ESL/ESOL, algebra 1
Denver, CO
...I scored the highest possible score on the writing section of my GREs and people continue to tell me I should just be a writer or teach. I would like to give something to the students in my own community. I graduated from Concord-Carlisle High School in 1996.
45 Subjects: including Latin, English, reading, writing
Dillon, CO
I am currently working towards a Ph.D. in history at CU. This spring I completed my MA in Medieval Studies from Western Michigan University. As part of my assistantship at WMU, I tought an interdisciplinary Medieval Studies course to undergraduates.
34 Subjects: including Latin, reading, chemistry, Spanish
Boulder, CO

subset: commoncrawl


text:
Save to My Recipes
Nougat Ice Cream
Servings: 8
- 1/2 cup honey
- 1/4 cup sugar
- 1/4 cup water
- 1 large egg white
- Pinch of salt
- 1 cup chilled whipping cream
- 1/2 cup slivered almonds, lightly toasted, chopped
- 1/4 cup shelled unsalted pistachios, chopped
PREPARATIONView Step-by-Step Directions
Stir 1/2 cup honey, 1/4 cup sugar, and 1/4 cup water in heavy medium saucepan over medium heat until sugar dissolves. Increase heat and boil, without stirring, 1 minute.
Meanwhile, using electric mixer, beat egg white with pinch of salt in medium bowl until soft peaks form. Gradually pour hot syrup over egg white mixture, beating constantly. Continue beating meringue until very stiff, about 4 minutes. Let stand until cool, about 10 minutes.
Beat cream in large bowl until soft peaks form. Fold into honey meringue. Fold in chopped nuts. Spoon mixture into 11x7x2-inch glass baking dish. Cover and freeze until firm, about 4 hours. DO AHEAD: Can be prepared 1 week ahead. Keep frozen. Spoon ice cream into bowls and serve.
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Advice from the Bon Appétit Test Kitchen
The Bagel Whisperer
Chef Alex Bois is churning out some of the country's best bread and bagels. We get a look inside his process
Take the Adventure Path
Camping and picnic food don't need to consist of dried-out potatoes and store-bought macaroni salad. Make dining al fresco fresh again
Out of the Kitchen
Welcome to our ongoing exploration of America's coolest food artisans. We'll be bringing their knowledge and expertise back to our home kitchens—and to yours.
All Hail the Hot 10!
From a food truck to a "pastry luncheonette," these are the Best New Restaurants in America


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Senior Member
make his stealth last longer now that u increased the recharge on it
make it like twitch or soemthing
Lol, Mr. Superman had a slight debuff! OMG! It's the end of times!
Let's just give him turtle stance as a passive that activates every five seconds or so.
His stealth is the most balanced of all 3 stealthers, why would you want to change it? If you are having problems killing with shaco look at a guide. Hes extremely easy to do well with and the nerf wasnt huge to his killing power, just his exit power
© 2014 Riot Games, Inc. All rights reserved. Riot Games, League of Legends and PvP.net are trademarks, services marks, or registered trademarks of Riot Games, Inc.


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One Last Live Show Before Thanksgiving
Nintendo's all-stars assemble once again, resulting in one of the best reasons to own a Wii U (and eight GameCube controllers).
The move to more powerful consoles has resulted in a prettier looking wrestling game, but also a far less enjoyable one.
Far Cry 4's open-world provides ludicrous moments and enough chaotic fun to make it worth your while.
Ryan trying to watch every video game tied movie? =P I thought that would have been GREAT
better judgment must have taken over :P
I sure he did not want to be anymore crazy trying to watch them.
I think his brain exploded from too many bad movies :PThat, or he got too busy with the site...
I want Jeffs - POINTS - back :P
"better judgment must have taken over :P"
Use your keyboard!
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LAWLESS Gets DVD and Blu-ray Release Today
Anchor Bay Entertainment and The Weinstein Company previously announced the Blu-ray Combo Pack and DVD release of the critically acclaimed film, LAWLESS, from director John Hillcoat (The Road, The Proposition). Written by musician, composer and screenwriter, Nick Cave (The Proposition), inspired by the 2008 biographical novel The Wettest County In The World, LAWLESS follows the bootlegging Bondurant Brothers on their quest for the American Dream in Prohibition-era Virginia. Featuring an all-star cast that includes Shia LaBeouf (Transformers franchise, Disturbia), Tom Hardy (The Dark Knight Rises, Inception), Academy Award nominee Gary Oldman (Tinker Tailor Soldier Spy, The Dark Knight Rises), Mia Wasikowska (Alice in Wonderland, Jane Eyre), Academy Award nominee Jessica Chastain (Coriolanus, The Help) and Emmy winner Guy Pearce (MildrEd Pierce, The King's Speech), LAWLESS heads to retail today, November 27, 2012 for an SRP of $39.99 for the Blu-ray Combo Pack and $29.98 for the DVD.
LAWLESS, which was nominated for an illustrious Palme d'Or at the 2012 Cannes International Film Festival, also stars Jason Clarke (Texas Killing Fields, the upcoming The Great Gatsby) and Dane DeHaan (Chronicle, The Place Beyond the Pines).
The Hollywood Reporter called LAWLESS "A gritty and suspenseful bootlegger tale." Added film critic, Richard Roeper, in his Reelz Channel review, LAWLESS is "A hell of an entertaining movie, I give it an 'A'!" Wrote Paste magazine film critic, Tyler Chase, "Lawless blends stylish originality with genre standards into a mixture as potent and explosive as Virginia moonshine."
They were brothers who became outlaws, and outlaws who became heroes...The three Bondurant boys (Shia LaBeouf, Tom Hardy, Jason Clarke), along with their sultry new hire (Jessica Chastain), command the most lucrative bootlegging operation in Franklin County, Virginia. The locals consider them "indestructible." But the law - in the form of a corrupt special deputy (Guy Pearce) - wants a cut of their action, at any cost. When youngest brother Jack (LaBeouf) gets a taste of power with a deadly gangster (Gary Oldman), the whole business blows sky high. Based on the astonishing true story, the Bondurant brotherhood is the stuff of legend.
The LAWLESS Blu-ray™ Combo Pack and DVD special features include an audio commentary with Director John Hillcoat and Author Matt Bondurant; two featurettes: "The True Story of the Wettest County In The World" and "Franklin County, VA: Then and Now"; Willie Nelson's "Midnight Run" music video; and deleted scenes. Note: Special features are subject to change.
For more about LAWLESS, check out: lawless-film.com.
About Author
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Property to rent near BT9 3JL
£850 pcm (£196 pw)
2 bed flat to rentThornhill Malone, Off Malone Road, South Belfast BT9
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Ufficio del Turismo e dei Congressi del Principato di Monaco
Via Mosé Bianchi 2
20149 Milano - ITALIA
Tel : +39 02 864 584 80
Fax : +39 02 36 56 58 73
Numero verde : 167 45 52 50
The Monegasque Association for the Protection of Nature is carrying out a Major Clean-Up of the Seabed on 13 October 2013
The Monegasque Association for the Protection of Nature (AMPN) was formed in 1975 to establish a marine reserve and protect the only underwater Posidonia meadow in the Principality.
Since then, the Association has increased its activities both at sea and on the land.
On 13 October 2013, the AMPN is launching a major clean-up of the sea bed in the Larvotto nature reserve, where a large amount of waste has accumulated due to heavy use in the summer season.
Twenty or so divers from Nice, Menton and Monaco are taking part in this operation on a voluntary basis.
For almost an hour and a half, the divers (with a minimum of level 2), armed with nets and gloves, will pick up the macro-waste that is littering the seabed in the reserve.
This waste will then be collected by the Société Monégasque d'Assainissement sanitation company, a partner of the event, which will make containers available to the AMPN.
This event will be followed by a picnic, provided this year by the Department of the Environment, to thank the participants for helping to protect our environment.
The divers will meet on 13 October 2013 at 9 a.m. under the clock on the central point of the Larvotto beach.
Numero di visite : 396
Sandra Biloé Exhibition at the Métropole Shopping Centre, Monte-Carlo
Johnny Hallyday in Concert at the 2015 Monte-Carlo Sporting Summer Festival
Il Principato ospita il 3° Congresso Mondiale di Chirurgia Plastica e Riparativa
Commemorating the 120th Anniversary of Monaco's Covered Markets
Grisha Bruskin is Exhibiting His Work for Russian Year in Monaco
Offerta "Heli Quad" al Castello di Berna con Héli Air Monaco
Offerta "Heli Golf" alla Tenuta di Terre Blanche con Héli Air Monaco
Offerta "Heli Gastronomie" al Mas du Langoustier con Héli Air Monaco
Offerta "Heli Gastronomie" alla Bastia di Moutiers con Héli Air Monaco
Via Mosé Bianchi 2
20149 Milano - ITALIA
Tel : +39 02 864 584 80
Fax : +39 02 36 56 58 73
Numero verde : 167 45 52 50


text:
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text:
John Cena made an appearance at the Wizard World convention in Austin today, and he is now headed to Boston for the Survivor Series.
It was a rough night for Vickie Guerrero and Tamina Snuka. The two traveling buddies went three hours in the opposite direction that they were supposed to be going, thanks to a mistake with their navigational system. Add in some snow, and the two WWE stars did not make it to their destination until 6am.
Thanks to the help of John Cena and his BodyChange program, Vickie Guerrero has been improving her health and losing weight. The WWE diva has lost approximately a dozen pounds over the last month, and she is still going strong with the program.
WWE has decided to put Shaul Guerrero, the daughter of Eddie Guerrero and Vickie Guerrero, with Mason Ryan and Jason Jordan as their manager down in NXT.
Word is now filtering out that CM Punk had expressed his frustrations with WWE while speaking with people at the Wizard World convention in Portland this past Friday. Those in attendance stated that he seemed disinterested and disengaged from his job.
"And then Edge I will always respect. He showed me psychology, how to work in the ring, helped with my promos, and how to work with the cameras.Visit Wrestling Inc. He took me under his wing and made me feel like I was his partner. He really built my confidence and made me believe that whatever I did out there would be great. He really believed in me and I think that's why we got to stay together for so long."


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By Lorms Insurance Services
"Make It Happen With David Lorms" Premiered Wednesday June 4th, 2014 on KBRZSports.com
By Colliers International | Houston
Groundbreaking on the new 470,000 square foot hospital in The Woodlands, which will be built at the intersection of TX 242 and I-45, is expected in early 2015, with the hospital to be completed in 2017.
By Selah Financial Services, Inc.
If you're looking for a different story about retirement, this is it!
By TodaysBestDoctors.com
Dr. Steven A. Fein, MD Listed as Top Physician in Gastroenterology
By John Palmer Art
3rd Generation Houstonian John Ross Palmer will have his painting, Houston: City of Opportunity, immortalized on one of the city's revitalized METRO Bus Stops in conjunction with Leadership Houston Class XXXII's effort to improve public transit.
By John Palmer Art
For the 3rd year in a row, Palmer collected his "top ladies" and honored them at an elegant luncheon at his Historic Houston Heights Art Gallery & Studio. He gifted each lady with an exceptional, customized necklace as a thank you for their support.
By John Palmer Art
Artist John Ross Palmer has received a prestigious Greater Houston Service Award for the countless hours he has devoted to his empowering Escapist Mentorship Program, an entirely-free and year-long coaching experience for hardworking artists.
By Arcadia Publishing
George Slaughter will be available to sign copies of pictorial history
By Miller Outdoor Theatre
Jefferson Starship 2014 40th Light Year Anniversary at Miller Outdoor Theatre
By PMT Productions
PMT Productions presents its inaugural production of MIDTOWN LIVE: a summer concert, a Musical Theater (MT)/Pop Music concert showcasing Houston-based artists.
By Consortium Media
PODS® of Houston managing partner moves ahead of competition with real estate expertise utilizing his knowledge behind purchasing and moving into a new home
By Wadokan Dojo -Tomball Aikido
David Galdamez, Chief Instructor/Dojo Cho, of Tomball Aikido announced the promotions of Pete Murphy and Sebastian Ruocco.
By The LiveWire Agency
Bread of Life, Inc. & Temenos Place celebrate recent success stories in their fight to end chronic homelessness in Houston
By The Original Classic Chevy Houston in Sugar Land
It was announced Wednesday that General Motors has named The Original Classic Chevy Houston in Sugar Land as one of GM's Dealers of the Year. This is the Original Classic Chevy Houston's fourth time being recognized with this honor by GM.
By Colliers International | Houston
Seattle-based Colliers International today announced its re-entry into the Austin commercial brokerage market, after a several-year hiatus.
By Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C
Boutique firm ranked among larger competitors by Houston Business Journal
By TPSL
All sports league and entities require media handling in the present age and Texas Premier Soccer League have pounced upon MRSoccerGroup to help grow the league and club awareness.
By Colliers International | Houston
Molto Properties announced today plans to design and develop a 166,250 square-foot, state-of-the-art distribution building in north Houston.
By 100 Black Women of Houston
100 Black Women of Houston Set to Host 3rd Anniversary Celebration on Sunday, April 27, 2014 from 4pm to 6pm at Brio Tuscan Grille located at 3029 Kirby Drive, Houston, TX 77098. RSVP to attend this free event.
By Jayco Marketing
Jayco Internet Marketing celebrated its 1-year anniversary nearly 3 week ago on April 2, 2014. After only being in business a short while, Jayco Marketing continues to grow.
By March of Remembrance Houston
Across the greater Houston area, communities will come together this weekend for the Third Annual Holocaust March of Remembrance Houston.
By Engagement Rings Houston
Engagement Rings Houston's List of Top 10 Wedding and Engagement Rings Makers (Houston, TX) Gives Suitors a Lot to Think About
By Silver Sycamore
Silver Sycamore announced as 2014 Business of the Year April 7, 2014 Pasadena, TX- Locally owned events center and restaurant, Silver Sycamore, was named by the Pasadena Chamber of Commerce as Pasadena's Business of the Year for 2014.
By Lorms Insurance Services
David D. Lorms was recently seen on NBC, CBS, ABC and FOX network affiliates around the country as a guest on The Brian Tracy Show.
By John Palmer Art
Satori is the most exclusive art series created by John Ross Palmer, the Hardest Working Man in the Art Business® and Founder of the Art Movement of Escapism. It is released in three phases over a ten year period: 2009, 2014 and 2019.
By Houston Dutch Lions
It's been a busy month for Houston Dutch Lions what with the final matches of their TPSL season, preparations for the upcoming PDL season but all the hard work has paid off for some of their previous players as news emerged this week that 3 of their...
By GSF Mortgage
GSF Mortgage is eager to welcome Jennis "Kay" Harvill to Conroe, Texas as Branch Manager. Harvill comes with a background in real estate and is a national lender affiliate for Homes for Heroes in the Houston area and Montgomery County.
By Alsace of New York
Conference for Fashion Industry Professionals located in Houston, Texas surrounding areas and nationwide
By Shriners Hospital for Children - Houston
Bryan Corey, Chairman of the Shriners Houston Hospital Board of Governors announced that Catherine "Cathy" Moniaci, R.N., M.S. has been appointed as Administrator of the Hospital having served as Acting Administrator for the past several months.
By PODS® Moving and Storage
The Woodlands College Park High School National Art Honor Society earns rare opportunity to present as only school collaboration to participate in esteemed art festival
By PODS® Moving and Storage
PODS of Houston has been a proud supporter of the Bayou City Art Festival Memorial Park for the last six years, donating the use of its safe and secure PODS containers for the event's logistics needs.
By PODS® Moving and Storage
PODS of Houston is proud to support the Shell Houston Open by providing the use of its PODS containers for the event's logistics and storage needs.
By Colliers International | Houston
Colliers International, IronStone Realty Advisors Join Forces.
By Colliers International | Houston
Medical and Office Leasing and Management Assignment at 11929 W. Airport Blvd. in Stafford, Texas.
By Texas Premier Soccer League
The culmination of six months of play finally came to pass on Saturday March 22 as the inaugural Texas Soccer Premier League reached its climax, and the watching fans were not to be disappointed with the showcase final as both teams fought out a nine (9).
By Prominence Management Group
HOUSTON, TX– Prominence Management Group, one of the leading direct marketing companies in Texas, is headed by an inspirational CEO who made the switch in his career, worked tirelessly to reach the top, and is now in a position he loves.
By ACK.com
ACK announces its 7th Annual Spring Demo Days & Outdoor Exposition. A total of four events will be held in locations based around ACK's physical stores.
By Becoming One Community Foundation
Houston, TX, March 10, 2014- Becoming One Community offers empowering seminars to ex-offenders. Starting in April, those seminars will take place in different community centers within the Houston area.
By Bar-Mar Entertainment, LLC
Charles Barnett of Bar-Mar Entertainment, LLC has completed the build out of a fabulous new Jazz club located in Sugar Land,Texas. The Grand Opening scheduled for the first week in April 2014.
By H&M Industrial EPC
After unforeseen damage shut down production at AkzoNobel in Deer Park, carefully chosen vendors had the chemical plant up and running after only 4 months.
By Killen's Barbecue
When Ronnie Killen, chef and owner of Killen's Steakhouse, started his weekend barbecue pop ups in March 2013, word quickly spread about the unyielding commitment to quality he was putting forth in his salt-and-peppered-crusted brisket, pork and beef...
By AUGMENTe
Houston Tech Studio Joins Fastest Growing Force of Startup Companies in Early Formation Markets
By Houston Pure Tax Resolution
Houston Pure Tax Resolution Offers Reliable Tax Resolution, With A Personal Touch.
By The Young Houston Magazine
The Young Houston Magazine hosts Spring 2014 issue Release Party Houston, Texas – February 25, 2014 – The Young Houston Magazine will host its Spring 2014 issue release party on March 7th, 2014.
By Nova Retail Group
Firm Designs Progressive Retail Banking Solution for Smart Financial
By L.O.U.D. Muzik/#LiveOutUrDreams
Super Producer/Song Writer Tim Ned does it again!! The smash new single Black Diamonds is burning up the Blogs & clubs across the country!
By Shriners Hospital for Children- Houston
Shriners Hospital for Children – Houston (SHC-Houston) is renowned throughout the region for its pediatric specialty care in four service areas: orthopaedics, cleft lip and palate, sub-acute care and inpatient rehabilitation. Dr.
By Gardere Wynne Sewell LLP
Houston litigator Scott Ellis of Gardere Wynne Sewell has been elected a Texas Bar Foundation Fellow.
By Pughearts, Houston Pug Rescue
Network of volunteers work together to bring pug home after being missing for 7 years.
By Silver Sycamore
Silver Sycamore has re-opened for full service lunch. The new chef and menu creates a downhome, country-style experience. Hours are 11-2 Monday thru Friday.
Page updated every 10 minutes


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Is the U.S. moving toward or away from the troubled European countries?
Our Nation's Future
May 29, 2012 by 8 Comments
March 6-8, 2015
Terrenea Resort
Palos Verdes, CA
How Palestinian Nazis speak: Blessed are your axes. palwatch.org/main.aspx?fi=1…
I understand the traitor John Kerry is headed for the UAE to plead with them to remove the terrorist front CAIR from their terrorist list.
Oh yes, and Sharpton is also a crook, which is why he is in financial trouble: nytimes.com/2014/11/19/nyr…


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The Cookie Program starts in January and it's the perfect opportunity to fund your own Girl Scout experience while developing skills such as:
- Goal Setting
- Decision Making
- Money Management
- People Skills
- Business Ethics
For more information about our Cookie Program click HERE.
Don't miss out! To participate in the Cookie Program as a Juliette, please email Mindy at firstname.lastname@example.com before December 15th.


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1 to 10 of 157
There was once a period when it was possible to work for a single company for the rest of your career life. This period I call it "Job For Life Era". This life started just after leaving varsity and ended with your retirement. Those were the days when the big company took care of its [...][view whole blog post ]
GoMetro team just won the MEF 2014 award for Innovation in a Growth Market in San Francisco! A Global recognition for a South African startup. MEF is the global trade association for companies wishing to monetize their products & services via mobile. Headquartered in London with operational chapters and offices in Asia, EMEA, Latin America, [...][view whole blog post ]
20 years ago, if you wanted to START a business you had to invest in property or equipment which required a huge startup capital. Thanks to the internet nowadays you can start a business with almost nothing. The internet is making it possible for someone with an idea and the will to make it a [...][view whole blog post ]
"Men at work, women in the kitchen" Say WHAT? Fast forwarding to the 21st century.... Driven and completely committed to impacting the world in a positive manner, 32year old Joléne Leeuwner-Maritz, a passionate and vibrant individual, was recently the recipient of the notably prestigious "Woman in Business Award" (SACCI 2014), presented by the South African [...][view whole blog post ]
Creating ecosystems in South African townships has been the buzzwords in entrepreneurship. With so much trade taking place in the townships; formalising it would mean the growth of the whole country's economy. Creating and shaping the township economy is the key discussion at the Ekasi Business Conference currently in session and continuing tomorrow (14 November [...][view whole blog post ]
On November 17, 1993, Herman Mashaba's 'Black Like Me' factory in Mabopane was burned to the ground by arsonists. It seemed that in a matter of an hour the heart had been ripped out of a company that at the time employed 120 people and was South Africa's leading supplier of beauty products for the [...][view whole blog post ]
In an attempt to help lecturers with their assessment difficulties; EdgeCampus was born in 2012. Since then the company's flagship product, Qurio assisted educators to ask questions and get instant responses. Qurio added an element of simplicity to their lives and the ways in which they had previously done things that involved asking questions. It [...][view whole blog post ]
The biggest challenge for South Africans right now is to solve the problems that are afflicting the country - issues like poverty, inequality, unemployment and the lack of skills. This was the opinion of former finance minister Trevor Manuel in a rare appearance at the University of Cape Town Graduate School of Business (UCT GSB) as part of [...][view whole blog post ]
The Western Cape Government is pleased to announce the 2014 finalists of the Premier's Entrepreneurship Recognition Awards. Three finalists have been selected in each of the five categories following a province-wide call for entries and an independent judging process. They represent a diverse range of businesses covering activities such as media, entertainment, technology, education and food production. Western Cape Minister of Economic [...][view whole blog post ]
A South African start up hopes to address SA's youth unemployment. SA has the third highest unemployment rate in the world for people between the ages of 15 to 24, according to the World Economic Forum (WEF) Global Risk 2014 report. The report estimates that more than 50% of young South Africans between 15 and 24 [...][view whole blog post ]


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Smith Enterprise, Inc.
B-407529,B-407529.2,B-407529.3: Dec 28, 2012
Additional Materials:
- Full Report:
Ralph O. White
(202) 512-8278
(202) 512-4800
(202) 512-8278
Office of Public Affairs
(202) 512-4800
Smith Enterprise, Inc., of Tempe, Arizona, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N00164-12-R-JN34, issued by the Department of the Navy for research and development services relating to gun muzzle suppressor technology. Smith objects to the agency's relaxation of the delivery schedule after Smith was excluded from the competitive range, and the agency's evaluation of proposals.
We deny the protest.
Nov 21, 2014
- Dellew CorporationB-410216
Nov 19, 2014
- United Capital Investments GroupB-410284
Nov 18, 2014
- Premiums & Specialties, Inc.B-410247
- Computer Sciences Corporation; HP Enterprise Services, LLC; Harris IT Services Corporation; Booz Allen Hamilton, Inc.B-408694.7,B-408694.8,B-408694.9,B-408694.10,B-408694.11
- Goldbelt Falcon, LLCB-410159
- Correct Care Solutions, LLCB-410116,B-410116.2
Nov 17, 2014
- Edmond Scientific CompanyB-410179,B-410179.2
Nov 14, 2014
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Art at DCS!
Students have been busy in art class creating beautiful masterpieces! Discovery is very proud to display this work in our school. Families can get a glimpse of the artwork on Artsonia.com … [Read More...]
Discovery Welcomes Olivia West to the Board
Discovery Charter School has welcomed a new member to the Board of Trustees. Olivia West is co-founder and president of West Advisory Group, which, among other areas of expertise, specializes in … [Read More...]
Another Exciting DCS School Year Launched!
There is nothing so exciting as the start of a new school year, and there was certainly joy in the air on August 18 as the 2014-15 school year got underway at Discovery Charter School—our fourth since … [Read More...]
Exponential Improvement is the DCS Standard
The eyes of the greater Rochester education community were on Discovery Charter School and other local schools, when New York State recently released new standardized test scores based on the … [Read More...]
Aspiring to Set an "EL" Example
Nearly four years ago, when Discovery Charter School was approved to receive students, the founders knew precisely what they wanted for our children: hands-on, active learning that would provide … [Read More...]


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Jan. 23 (Bloomberg) -- Chile Finance Minister Felipe Larrain discusses economic growth and concerns over the appreciation of its currency.
He speaks with Francine Lacqua on Bloomberg Television's "Countdown" on the sidelines of the World Economic Forum in Davos, Switzerland. (Source: Bloomberg)
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Brinly Nearon
Faith and professional sports have been in the public eye recently with Denver Broncos quarterback Tim Tebow kneeling, bowing his head and praying before games.
Many professional sports teams have faith nights for the Jewish community, Catholics and Mormons, among others.
Major League Baseball spokesman Matt Bourne stated in an article in USA Today that baseball "has confidence in our clubs to conduct ballpark promotions that are appropriate in tone and conduct."
Here is a list of just a few:
Aug 21, 2011: The Denver-based Colorado Rockies held their seventh annual Faith Day.
Aug. 18, 2011: The Philadelphia Phillies have held several Jewish Heritage Nights. On this night, Jewish Heritage Night featured people enjoying traditional Jewish dancing on the field with the two Philly Phanatics mascots.
Aug. 12, 2011: The Baltimore Orioles hosted Mormon Night at the ballpark for the fourth consecutive year. The Orioles met Mormon fans in the stands and signed autographs and posed for photographs. Baltimore pitcher Jeremy Gutherie is LDS and a returned missionary.
July 22, 2011: The Los Angeles Dodgers hosted their annual Mormon Night. Joshua Creek, an LDS group, sang the national anthem and "God Bless America" in the seventh-inning stretch. The Dodgers have held Mormon Night for more than 20 years.
According to a story in the Deseret News, one young man who attended the game was getting married the next day in the Los Angeles Temple. He said attending the game was his bachelor party.
Elder Jerryl Garns, an Area Seventy, noted that several members had used the game as a friendshipping opportunity.
The Los Angeles Dodgers also hosted United Methodist Night and Episcopalian Night in 2011.
July 5, 2011: The San Francisco Giants hosted Mormon Night. The LDS Church members involved in Mormon Night are often from public affairs and are quite creative at these events. A video was shown of Mormon Helping Hands in California. The video featured humanitarian work that the LDS Church does such as collecting items for food banks, blood drives and a Scout decorating a grave at the Golden Gate National Memorial cemetery. Seven Latter-day Saints were honored for outstanding public service at the game. These members were chosen by LDS members who live in the Bay Area. Travis and Trent Weaver, twin brothers who serve in the U.S. Army, were honored. Both have served in Iraq.
June 25, 2011: The San Diego Padres held Mormon Night. LDS Church members wearing Mormon Helping Hands vests and T-shirts lined the field.
June 8, 2011: The Columbus Crew hosted Real Salt Lake for Mormon Night.
May 22, 2011: The Florida Marlins had their first ever Inspirational Forum after a game. Chris Coghlan, who is a player on the team, discussed his devotion to his faith.
May 1, 2011: The Kansas City Royals hosted Faith and Family Day.
April 10, 2011: The Golden State Warriors held Jewish Heritage Night. A question-and-answer session was held with Omri Casspi, who was born in Israel and plays for Sacramento, the team the Warriors faced that night.
April 9, 2011: The San Antonio Spurs had Mormon Night when the Spurs hosted the Utah Jazz. Sean Elliott, one of the stars of the Spurs, was given a copy of his genealogy.
Jan. 21, 2011: The Boston Celtics held Mormon Night when they hosted the Utah Jazz. A group of senior missionary couples serving in the Boston area attended the game. One of the couples was Sister Nicki and Elder Evan Excell, who were serving in the Boston welfare employment volunteer resource center. Some of the couples were from Utah so they were excited to see the Jazz play.
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We have problems with IE7 and SIMS, particularly the cover list on our Intranet. Not tried it with IE8 yet though.
So has anyone actually tried rolling out IE8 yet?
As part of a sitewide software audit our second in the ICT faculty has been pushing for us to put it on everything; however I'm understandably concerned about compatibility and general buggieness, especially with SIMS.
So has anyone discovered any major issues yet?
Many thanks
We have problems with IE7 and SIMS, particularly the cover list on our Intranet. Not tried it with IE8 yet though.
I've only installed IE8 on a handful of machines. So far so good, only a few minor problems with some websites. The IE7 compatibility mode sorts out most of these.
Microsoft STILL as far as I can see haven't released the updated inetres.adm for IE8 which allows you to control various new features of IE8.
We're not touching it, we don't really see a need to. We'd have to stick it in compatibility mode until the web matures and we'd turn off most of the other new stuff like "inprivate browsing" anyway.
Would rather wait until Windows 7, which of course will have it included anyway.
Got it on My work Laptop and Desktop but i still use Firefox
Only got it on my work PC and i'm currently having to terminal to other machines to do some tasks where IE6 or 7 is installed. Such as Docman link in Joomla does not like IE8, the link never appears in the document, and the compatability mode does not seem to fix it
Only got in installed on mine and other technicians machine, so far we think its pretty decent.
Fast browsing compared with IE7. Gonna watch till GP policy is out before rolling it out. But so far been impressed.
Deployed it site wide as soon as i tested it as I had massive problems with IE7 and certain webpages that contained flash content, the browser would just close without any warning. Good thing about IE8 is the crash detection and compatibilty mode it prompts for when detecting faulty or badly designed pages.
we still use IE6 at work as all our systems only work with IE7, waiting for BT to sort them so we can upgrade to IE7 later this year hopefully. Not seen or tested IE8 yet, although I am building a virtual box as we speak with XP on so will download it on there and try it out.
Our local authority gets queer if you access any of its "services" with anything other than IE7. Want to access your email, unfiltered access, proxy settings, web filter with firefox or Chrome? get the **** out of here.
They are still using IE6 as their only supported browser.
Ie8.adm from an xp workstation
Newton (6th May 2009), PEO (28th March 2009), TheScarfedOne (30th March 2009)
Hi Sted,
Where did you get that file from? Is it the RC1 version?
@ Michael - It gets installed to the windows\inf folder when you install the application itself so just dump this on your servers and you're away. Haven't distributed it here yet but will probably do it over the holidays. They have the option of IE or FF anyway.
Thanks. Why didn't I think of this?
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If Dogs Could Apologize
I'm not sure our dog would apologize.
I'm not sure our dog would apologize.
This is heart breaking, but is such a sweet gesture from this precious one's daddy.
Just wait till you see the soap opera part of the video, still can't stop laughing!
This has to be one of the craziest things I have seen in a long long time. This woman has studied Monster Energy Drink in every way shape and form to come to the conclusion it is made by the devil. Yes, it's not just an energy drink like you thought, it's make by Satan himself
I don't forget my wallet every day.
Our buiiding has been around since before the Lions' won their last NFL Championship (1957). Not sure if the parking lot is that old, too, but it's in real bad shape.
It's been a hot minute since we last updated Beliebers on Justin Bieber's egging case, and this time, we have relatively good news.
I didn't see last week's Big Bang Theory episode, but it was eventful.
Come to the Holiday Expo and Craft Show this weekend, and you can see me!
The show offers 100 booths featuring vendors, crafters and artists with everything from Scentsy and Origami Owl to unique crafts! Also, one lucky shopper will win a $100 Visa gift card! Free Admission
All week long Wake Up With Hatcher & Harvey to name Krista's "Thunder Man!"


text:
Around The Board
Visit Us in Person
Prearranged tours of the Eccles Building may be requested for groups of 10 to 25 people. These tours are designed for college students and adults with a research interest in the Federal Reserve. All tour participants must be 18 years or older. Requests are required to be submitted to the Board's Office of Visitor Services via e-mail to email@example.com at least two weeks in advance of the planned visit and are accommodated based on staff availability. Tours may be rescheduled due to unforeseen circumstances. Please call Visitor Services, at (202) 452-3324, for further information. For all other Board inquiries, please use the Contact Us form or call one of the frequently requested telephone numbers.
In addition, the public may visit the Federal Reserve Board to view art exhibitions Monday through Friday from 10 a.m. to 3:30 p.m., except federal holidays. Please note this is not a docent-led tour. Japan's Social & Economic Landscape: Nineteenth-Century Woodblock Prints from the Currency Museum, Bank of Japan is on view from September 29 through November 21, 2014. Reservations are required at least five business days in advance. For reservations and further information, please use the Contact Us form.
The visitors' entrance to the Eccles Building is on 20th Street NW, between C Street and Constitution Avenue. Visitors should enter through the East Courtyard. Map (40 KB PDF)


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Gary Pinchin,
13 December 2007 13:45
They're mad, they're bad, and they're certainly rad. Jon Quantrell and Terry Clark at Hawg Haven build some of the best-engineered custom bikes in the world. They invited motorcyclenews.com to their workshop in Norwich to get a peak preview of their latest build, the so-called Bentley motorcycle. It's in the early stages so far - just a few drawings, a stripped ...
Gary Pinchin,
17 May 2007 15:00
Check out our video of the Barnstormer - when bike building becomes art. Designed by Jon Quantrell, the Barnstormer took more than 600 hours to complete the aluminium parts alone and has already won awards for its creation. Check out this week's MCN, available from Wednesday, May 16, 2007, to read a full interview with Quantrell. Zoom & Watch more videos on ...
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Cazhmiere is one of the region's premier party bands. We are currently playing major venues in VA, MD, WV, PA, and DC regularly. Cazhmiere brings a sizeable repertoire to every show, including a wide range of party material from the 80's and 90's to today's current pop, dance, new country and modern rock radio hits! Covering artists such as Bruno Mars - Lady Gaga - Beyoncé - Rihanna - Mary J. Blige - Adele - Madonna - Robin Thicke - Luke Bryan - David Bowie - Beastie Boys - Lil Jon - Pitbull - Bon Jovi - Joan Jett - Whitney Houston - Maroon 5 - Prince - Journey - Smash Mouth and Sublime, the sheer variety in a night with Cazhmiere is fun and energetic for everyone! We pride ourselves on our ability to present the best experience for all at each and every event.
Please, don't forget to click the "Shows" tab and see when we'll be performing near you. This weekend Nov. 28, 29 we will be taking time off to spend Thanksgiving with family and friends. Our next shows are Fiday Dec. 5 at Hollywood Casino in Grantvile, PA and Saturday Dec. 6, we return to the Moose Lodge in Charles Town, WV
You may also check us out on our Facebook page (Cazhmiere Fans).
We are very proud to announce that Cazhmiere is sponsored by COORS LIGHT! Many thanks to J.R. Orr and Dave Mason at Martin Distributing. We will be giving away Coors Light swag (t-shirts, hats, etc.) at our shows! Please check out our "News" page to keep updated on important info about Cz!
Upcoming shows:
Dec. 5 - Hollywood Casino (Grantville, PA) 9pm
Dec. 6 - Moose Lodge (Charles Town, WV) 9pm
Dec. 12 - Union Jacks (Gaithersburg, MD ) 9:30pm
Dec. 13 - Private event - Hager Hall (Hagerstown, MD)
Dec. 19 - Champion Billiards (Frederick, MD) 9:30pm
Dec. 20 - Cancun Cantina West (Hagerstown, MD) 10pm


text:
Defense Health Care:
DOD Chiropractor Wage Rates
GAO-13-443R: Published: Mar 14, 2013. Publicly Released: Mar 14, 2013.
Additional Materials:
- Full Report:
- Accessible Text:
(202) 512-3604
Office of Public Affairs
(202) 512-4800
What GAO Found
GAO found that DOD employs 90 chiropractors at 62 military treatment facilities as of January 2013. Further, the mean salary of DOD's federal civilian chiropractors is similar to the mean salary of those serving in comparable DOD federal civilian health care occupations. Specifically, we found that the mean salaries of our selected health care professions ranged from approximately $77,000 to approximately $94,000 with the mean salary for chiropractors approximately 7 percent higher than the lowest mean salary and approximately 12 percent lower than the highest mean salary. Although these health care positions have similar education and training requirements, they have some different responsibilities.
Why GAO Did This Study
In 2000, Congress mandated that the Department of Defense (DOD) develop a plan to provide chiropractic care as a permanent part of the Defense Health Program.
Prior to the establishment of DOD's chiropractic program, Congress directed DOD to conduct demonstration projects to evaluate the feasibility and advisability of expanding DOD's health system to include chiropractic care. The National Defense Authorization Act for Fiscal Year 1995 directed the Secretary of Defense to establish a chiropractic demonstration project at a minimum of 10 military treatment facilities for 3 years. Following the demonstration project, DOD reported that providing chiropractic care was feasible, but not fiscally practical.
In 2012, Congress directed GAO to conduct a study on the wage rates of DOD chiropractors compared with the wages of health care professionals with similar training; skill sets; licensure requirements; certification requirements; and health care responsibilities.
For more information, contact, Brenda S. Farrell at (202) 512-3604 or firstname.lastname@example.com.
Nov 24, 2014
Group Purchasing Organizations:Funding Structure Has Potential Implications for Medicare CostsGAO-15-13: Published: Oct 24, 2014. Publicly Released: Nov 24, 2014.
Medicare Program Integrity:CMS Pursues Many Practices to Address Prescription Drug Fraud, Waste, and AbuseGAO-15-66: Published: Oct 24, 2014. Publicly Released: Nov 24, 2014.
Nov 21, 2014
Vaccine Injury Compensation:Most Claims Took Multiple Years and Many Were Settled through NegotiationGAO-15-142: Published: Nov 21, 2014. Publicly Released: Nov 21, 2014.
Nov 18, 2014
Health Care Transparency:Actions Needed to Improve Cost and Quality Information for ConsumersGAO-15-11: Published: Oct 20, 2014. Publicly Released: Nov 18, 2014.
Nov 17, 2014
VA Health Care:Actions Needed to Ensure Adequate and Qualified Nurse StaffingGAO-15-61: Published: Oct 16, 2014. Publicly Released: Nov 17, 2014.
Nov 13, 2014
Small Business Health Insurance Exchanges:Low Initial Enrollment Likely due to Multiple, Evolving FactorsGAO-15-58: Published: Nov 13, 2014. Publicly Released: Nov 13, 2014.
Nov 10, 2014
Compounded Drugs:Payment Practices Vary across Public Programs and Private Insurers, and Medicare Part B Policy Should Be ClarifiedGAO-15-85: Published: Oct 10, 2014. Publicly Released: Nov 10, 2014.
Oct 30, 2014
VA Health Care:Management and Oversight of Consult Process Need Improvement to Help Ensure Veterans Receive Timely Outpatient Specialty CareGAO-14-808: Published: Sep 30, 2014. Publicly Released: Oct 30, 2014.
Oct 29, 2014
Chemical Assessments:Agencies Coordinate Activities, but Additional Action Could Enhance EffortsGAO-14-763: Published: Sep 29, 2014. Publicly Released: Oct 29, 2014.
Oct 6, 2014
Medicaid:Information on Inmate Eligibility and Federal Costs for Allowable ServicesGAO-14-752R: Published: Sep 5, 2014. Publicly Released: Oct 6, 2014.
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