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May 18, 1973
Doris E. NYE, Individually and as Administratrix Ad Prosequendum of the Estate of Charles W. Nye, Deceased, et al., Plaintiffs,
A/S D/S SVENDBORG and D/S OF 1912 A/S, Defendants. A/S D/S SVENDBORG and D/S OF 1912 A/S, Defendants and Third-Party Plaintiffs, v. MARINE ENGINE SPECIALTIES CORP., Third-Party Defendant
Gurfein, District Judge.
GURFEIN, District Judge.
This action was begun in the Supreme Court of New York County against the defendant shipowner and its agent alleging that the death of plaintiffs' decedent on the high seas was caused by the unseaworthiness of the vessel "EVELYN MAERSK" and by the negligence of her crew. The action was removed to this Court upon the ground of diversity of citizenship. The defendants have earlier been found to have waived their right to trial by jury. The defendants, as third party plaintiffs, have brought an action for indemnification against Marine Engine Specialties Corp., the employer of the decedent for alleged breach of the warranty of workmanlike service. The case was tried without a jury.
The subject matter jurisdiction rests on 28 U.S.C. § 1332 -- diversity of citizenship. Even if the action had remained in the State Court, it would lie under general maritime law for death caused by violation of maritime duties. Moragne v. States Marine Lines, 398 U.S. 375, 90 S. Ct. 1772, 26 L. Ed. 2d 339 (1970).
Since there is diversity of citizenship, the limitation of federal question jurisdiction under Romero v. International Terminal Co., 358 U.S. 354, 79 S. Ct. 468, 3 L. Ed. 2d 368 (1958) does not apply. Nor is the right to jury trial a matter for consideration, since that right has been waived.
Charles W. Nye was a United States citizen who was a repairer of ship pumps. He was flown from New York to the Canary Islands to repair a pump on the defendants' vessel, EVELYN MAERSK ("Evelyn"), a Danish flag ship. The Evelyn was equipped with feed pumps manufactured by Pacific Pumps of Los Angeles, supplied to the vessel by Kockums Mekaniska Verkstad of Malmo, Sweden ("Kockums"). On her maiden voyage, which made no call at United States ports, a feed pump failed and she put into the Canary Islands. Kockums was called by the vessel's owner and it ordered a new pump to be installed under the supervision of Pacific Pumps. In turn, Pacific, pursuant to a service agreement, asked Marine Engine Specialties Corp. ("Marine"), a United States entity and the employer of plaintiffs' decedent Nye, to fly him there to supervise the installation. While ascending a pilot ladder drawn over the side of the vessel, Nye fell to his death on December 30, 1967 in the evening.
At 5:30 a.m. on the morning of December 30, 1967 the Evelyn had dropped anchor about a half mile East of the main channel of the port of Las Palmas (Jensen Dep. 32).
A half hour later a replacement pump was delivered and hoisted on board. The defective pump was removed to the deck and the new pump was put in its place by the ship's engineers (Jensen Dep. 23). The installation was completed by the ship's own engineers after the accident (Jensen Dep. 94).
During the day the weather was uneven with periods of rain. After 4 p.m., however, all shower activity had ceased (Jensen Dep. 27). Some time during the day the ship had been informed by the ship's agent in Las Palmas that Nye, the deceased, would be arriving by pilot launch (Jensen Dep. 33-34). Between 4 and 5 p.m. preparations, in the form of the rigging of the ladders to be used in effecting Nye's boarding, were carried out (Jensen Dep. 68-69; Testimony of Chief Officer R. Moller, hereinafter "Moller"). The boarding apparatus so rigged consisted of an accommodation ladder and a pilot ladder. The accommodation ladder, rigged first (Jensen Dep. 68), was made of aluminum with fixed rails. It was a rigid ladder and was hinged to the platform at the height of the deck (Jensen Dep. 39-40). The platform, about 3/4 of a meter or 30 inches square, extended from the side of the ship through an opening in the deck rail (Jensen Dep. 48-49). The accommodation ladder did not hang down perpendicularly from the platform but extended at an angle away from the side of the ship (Jensen Dep. 64; Pl. Ex. 5; Deft. Ex. Q).
The pilot ladder was made of wooden steps fixed to 2 1/2 inch tarred hemp lines by means of wooden side blocks. The ladder was 16 meters long with forty-seven steps. Each step was.114 meters or approximately 4 1/2 inches wide and.025 meters or approximately one foot apart. The pilot ladder was brand new and when rigged was being used for the first time (Jensen Dep. 95). Shortly before the pilot ladder was rigged it was inspected by Jensen. On the basis of his inspection, which took approximately fifteen minutes, Jensen determined that the ladder was in perfect condition (Jensen Dep. 102-04). Prior to its rigging, the pilot ladder had been stored in an interior area of the vessel (bosun's storeroom) and was consequently not exposed to the elements during the preceding shower activity (Jensen Dep. 51). Chief Officer Moller made another inspection at the time he supervised the actual rigging. The pilot ladder was not attached to the accommodation ladder but was rather affixed to the two upper courses of the starboard deck rail. The lines of rope which form the sides of the ladder were flung over the uppermost rung of the rail, beneath the next one, up again and then made fast with knots (Jensen Dep. 91-92; Pl. Ex. 5). As the photograph in evidence (Pl. Ex. 5) indicates, the rigid accommodation ladder did not extend all the way to the water line. The difference was made up by the pilot ladder which reached down to within two feet of the water (Jensen Dep. 64; Moller).
The manner of boarding by this arrangement was to climb the pilot ladder, which hung parallel to the side of the vessel, until one reached the accommodation ladder. Then the person boarding could simply walk up the accommodation ladder to the deck. The reason advanced for employing this method of boarding was that it is dangerous for a launch to approach a rigid ladder (Jensen Dep. 56).
At the port of Las Palmas Mr. Nye boarded a pilot launch belonging to a third person not a party to this action. From the pilot launch Nye contacted the Evelyn by radio-telephone to inform them that he was on his way (Jensen Dep. 33). At 7:25 p.m. upon observing the approach of the launch Jensen ordered the anchor raised in order to make a lee. Jensen testified that this was normal practice when taking a person aboard. The purpose of executing the lee is to shield the side of the ship where boarding is to take place from the effects of wind and water motion (Jensen Dep. 30-31, 96). Though Jensen testified that his maneuver was completed just before the launch reached the ship, she did not drop anchor again (Jensen Dep. 36). Captain Ash, the plaintiffs' expert, believed that she was under way at boarding and I so find.
The accommodation ladder and pilot ladder were illuminated by a gangway light of 400 watts, two floodlights of 200 watts each, and what were called cluster lights, totalling 375 watts, which were fixed to the ship's rail above the pilot ladder and which directed their light downward to the sea (Jensen Dep. 54-55, 63; Moller). According to Jensen's testimony the entire boarding area was well illuminated (Jensen Dep. 55). After two unsuccessful attempts to maneuver the pilot launch
close enough to the Evelyn to permit Nye to begin his ascent of the pilot ladder, the pilot boat was finally able to effect the transfer. At the time of the transfer the midship part of the launch was "very close" (Jensen Dep. 73-74). The launch was not moored to the Evelyn at the time of the transfer nor was there any attempt to do so (Jensen Dep. 76; Moller). Jensen testified that the waves were about three feet high (Jensen Dep. 76). The freeboard of the launch was three to four feet. The pilot ladder was not equipped with any hand holds (Jensen Dep. 76-77).
The actual transferral was effected without incident. Immediately after the transferral the launch pulled away (Jensen Dep. 97-98). Nye proceeded up the pilot ladder. Gripping the rope sides of the ladder, Nye climbed between one and three steps upward (Jensen Dep. 77; Moller). No one aided him or said anything to him as he mounted the ladder (Jensen Dep. 78, 90-91). Suddenly Nye stopped and shouted "help me, help me" (Moller; see Jensen Dep. 79), and shortly thereafter he fell into the water.
There was no one on the platform of the accommodation ladder, and there was no crew member with a gaff or other type of pole to assist the person boarding (Jensen Dep. 83-84). Moller descended only halfway down the accommodation ladder. When he saw that a line with a life ring had been thrown to Nye, Moller went back up, as he says, to direct operations instead of going down to help Nye. He went up to the poop deck, put the spotlight on and waved to the pilot boat to come closer.
Nor did Jensen wait to see Nye safely aboard. Instead, he went to the wheelhouse after Nye had put his foot on a rung of the pilot ladder (Jensen Dep. 79). When he heard a cry Jensen ran back to the rail and by that time saw Nye holding on to a life ring (Jensen Dep. 80). One of the sailors, Hansen, was holding onto the rope to which the life ring was attached. Hansen did not pull the rope or otherwise attempt to haul it in (Jensen Dep. 81-82). Jensen went back to the wheelhouse and telephoned the engine room to stop the propeller absolutely. After Nye fell into the water, the pilot launch attempted to effect a rescue (Jensen Dep. 89; Moller). Moller testified that it took him approximately four to five minutes from the time he quit the accommodation ladder until he had turned the additional spotlight (the starboard life boat light) on. When he had turned the light on, he no longer saw Nye holding onto the life ring. No marker lights were thrown out for fear of hitting Nye. No general alarm was sounded. No boat was lowered from the Evelyn though there was a search for half an hour (Moller). The crew of the Evelyn apparently played no part in the recovery of Nye's body sometime after the aforedescribed events (Jensen Dep. 101).
At the time of his death, Nye's physical appearance could be characterized as obese (Def. Ex. S, autopsy report). At the trial, data from physical examinations of Nye taken during the period August 22-November 7, 1966 were offered into evidence and analyzed by a medical expert. On August 22, 1966 Nye measured 6 feet in height and tipped the scales at 350 pounds. He suffered from swelling of the ankles (edema) and his blood pressure was 180/118. The diagnosis made at that time indicated that Nye was suffering from diabetes, obesity, hypertension and Pickwickian syndrome (Def. Ex. R; Testimony of Dr. Marcus Bloomfield, hereinafter "Bloomfield"). The latter syndrome is a complex of exogenous obesity (self-induced), somnolence, erythrocytosis and hyperventilation or a condition in which there is a reduced amount of air entering the pulmonary alveoli, resulting in elevation of the carbon dioxide tension (Dorland, Illustrated Medical Dictionary 717 (24th ed. 1965)). This diagnosis was reconfirmed on September 6, 1966. The possible presence of a kidney disease seen in diabetics causing renal failure, was tentatively diagnosed (Bloomfield). Cardiomegaly, a morbid condition characterized by enlargement of the heart, with localized deposits of glycogen in the heart muscle was also detected. This latter diagnosis was supported by an X-ray and an electrocardiogram (Def. Ex. T; Bloomfield). Nye was described by one attending physician as a grossly obese white male diabetic (Def. Ex. T at p. J).
By November 7, 1966 Nye's weight had been brought down to 310 pounds. His blood pressure was down to 160/100. The edema had disappeared and his heart was characterized as "O.K." His obese condition was still described as serious despite the considerable weight loss of forty pounds (Bloomfield).
His obesity was apparently chronic, having its source in early childhood (Def. Ex. T at pp. F, I). There is no evidence to indicate that at the time of his death this chronically obese condition had been significantly reduced or that his Pickwickian syndrome had significantly abated. The Spanish autopsy report (in translation) is unspecific. It merely notes that the corpse was "of a fat constitution, with a weight of one hundred to one hundred and sixty five kilos . . ." (Def. Ex. S) or approximately between 220 and 365 pounds.
When the pump was hoisted aboard earlier in the day the vessel alongside was tied to a boat rope. This was an item of equipment that could have been used to hold the pilot boat close to the vessel when the decedent ascended the rope ladder.
If the pilot boat had remained adjacent to the Evelyn with its stern near the ladder until Nye fell off the ladder, he would have fallen so close to the boat that he could have been lifted into it. Similarly if a man rope had been available Nye might have been able to steady himself on the ladder.
The ship argues that these accessories would have made no difference because Nye was already two rungs up the ladder when he lost his grip. This assumes that the issue is whether he "made" the pilot ladder safely. The issue is rather whether proper precautions were taken and proper equipment made available to prevent his falling off or to protect him from fatal consequences if he did fall. In the face of actual disaster even common custom that gets by most of the time is not the test of unseaworthiness in particular circumstances. See Trahan v. Superior Oil Co., 204 F. Supp. 627, 631-632 (W.D. La. 1962), aff'd, 322 F.2d 234 (5 Cir. 1963). The ship was expecting a person, of uncertain lay status, not a professional pilot, to board a rope ladder while the vessel was making a lee with waves as high as three to four feet. In these circumstances someone should have been on the platform of the accommodation ladder to be ready to lend a hand if necessary and a man rope and a boat rope should have been made available. The operating negligence of the crew rendered the vessel unseaworthy. Mahnich v. Southern S.S. Co., 321 U.S. 96, 64 S. Ct. 455, 88 L. Ed. 561 (1944); Mitchell v. Trawler Racer, 362 U.S. 539, 80 S. Ct. 926, 4 L. Ed. 2d 941 (1960); Waldron v. Moore-McCormack Lines, Inc., 386 U.S. 724, 87 S. Ct. 1410, 18 L. Ed. 2d 482 (1967).
I find that the vessel was unseaworthy for boarding in the circumstances and that the unseaworthiness was the proximate cause of the death. That conclusion is based on the assumption that United States law governs, for I have not heard evidence on the foreign law respecting the unseaworthiness doctrine.
But I also find that the shipowner was negligent in not supplying the safeguards mentioned in the circumstances. Under maritime law the owner of a ship owes a duty of reasonable care to all who are on board and boarding for purposes not inimical to the shipowner's legitimate interests. Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625, 632, 79 S. Ct. 406, 3 L. Ed. 2d 550 (1959). See Rivera v. Farrell Lines, Inc., 474 F.2d 255 (2 Cir. 1973); Grillo v. Royal Norwegian Government, 139 F.2d 237 (2 Cir. 1943). Thus, whether Nye qualified as a member of a ship's crew or not under the doctrine of Seas Shipping Co. v. Sieracki, 328 U.S. 85, 95, 66 S. Ct. 872, 90 L. Ed. 1099 (1946), a duty of care was owed him to provide a reasonably safe method of boarding as part of the international maritime law of the sea. Superior Oil Company v. Trahan, supra, 322 F.2d at 235 (5 Cir. 1963).
I do find, however, that United States law in particular governs and that Nye who came aboard to install the new pump was entitled to a seaworthy ship.
Seven factors were listed in Lauritzen v. Larsen, 345 U.S. 571, 73 S. Ct. 921, 97 L. Ed. 1254 (1953) to determine the governing law: (1) place of the wrongful act; (2) law of the flag; (3) allegiance or domicile of the injured; (4) allegiance of the defendant shipowner; (5) place of contract; (6) inaccessibility of foreign forum; and (7) law of the forum.
The Supreme Court also said: "Each nation has a legitimate interest that its nationals and permanent inhabitants be not maimed or disabled from self-support." 345 U.S. at 586, 73 S. Ct. at 930.
In the case at bar an American company was asked to supply a man to install the pump. He came to the ship directly from the United States. As the Court of Appeals for the Fifth Circuit said in Symonette Shipyards, Ltd. v. Clark, 365 F.2d 464, 467 (1966), cert. denied, 387 U.S. 908, 87 S. Ct. 1690, 18 L. Ed. 2d 625: "In the context of this case, we believe the most significant choice of law factor to be the nationality of the injured and deceased seamen."
The citizenship of Nye and the factors surrounding his coming from the United States to board the ship in Spanish waters are sufficient to justify applying the law of the United States.
See Symonette, supra, 365 F.2d at 467; see Gilmore & Black, Admiralty, § 6-64 at 388 (1957).
Nor did Nye, in my judgment, fail to qualify as a beneficiary of the Sieracki unseaworthiness doctrine. See Pope & Talbot Inc. v. Hawn, 346 U.S. 406, 412-413, 74 S. Ct. 202, 98 L. Ed. 143 (1953). The ship was in navigation. Repair of the pump would clearly entitle the repairman to the status of a crew member. Such a person is "within the class protected by the warranty of seaworthiness as developed by federal maritime law . . ." The Tungus v. Skovgaard, 358 U.S. 588, 595, n. 9, 79 S. Ct. 503, 508, 3 L. Ed. 2d 524; see also Lawlor v. Socony-Vacuum Oil Co., 275 F.2d 599 (2 Cir. 1960). It is but a step from repair to installation of the pump which was actually accomplished by the ship's engineers. The vessel was in navigation, subject to the perils of the seas, rather than in drydock.
Whether the finding is that the vessel was unseaworthy or that her crew were negligent, the doctrine of contributory negligence as a ground for mitigation of damages is available. Pope & Talbot, Inc. v. Hawn, supra ; Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424, 59 S. Ct. 262, 83 L. Ed. 265 (1939). And a failure to ask for better conditions in boarding and descending can be contributory negligence. Davis v. Associated Pipe Line Contractors, Inc., 305 F. Supp. 1345, 1349-1350 (W.D. La. 1968), aff'd, 418 F.2d 920 (5 Cir. 1969), cert. denied, 397 U.S. 988, 90 S. Ct. 1119, 25 L. Ed. 2d 396 (1970); Superior Oil Company v. Trahan, supra, 322 F.2d at 237.
I find that Nye, an obese individual, who, upon the evidence had had an earlier incident of boarding with difficulty and who had availed himself of a tie line for boarding on another occasion, should have requested additional aid in boarding. I find he was 50% at fault.
This, in turn, requires the employer of Nye to indemnify the shipowner for 100% of the damage, even if the employer was not itself personally negligent. Italia Soc. v. Oregon Stevedoring Co., 376 U.S. 315, 84 S. Ct. 748, 11 L. Ed. 2d 732 (1969). The warranty of workmanlike performance extends not only to materiel but also to human resources. "Putting the Italia criteria in human terms, while Golten [the employer] did not warrant a perfect rigger, it did warrant one who would not in fact be negligent." McLaughlin v. Trelleborgs Angfartygs A/B, 408 F.2d 1334, 1337 (2 Cir.), cert. denied, sub nom. Golten Marine Co. v. Trelleborgs Angfartygs A/B, 395 U.S. 946, 89 S. Ct. 2020, 23 L. Ed. 2d 464 (1969).
The harshness of the Italia rule is mitigated in this case because I find that the employer of Nye was, in fact, negligent in ordering a man in Nye's physical condition to hazard a journey which could involve climbing onto a vessel at sea. Cf. Hartnett v. Reiss Steamship Company, 421 F.2d 1011, 1018 (2 Cir. 1970).
Accordingly, the plaintiffs will receive one-half of the damages found from Marine Engine Specialties Corp.
In view of the above determination that unseaworthiness was the proximate cause of death, it is not essential to decide whether there was also negligence in failing to rescue the decedent. But, since there may be an appeal, I find that the crew was reasonably diligent in the circumstances. The pilot boat was already in the water, and launching a lifeboat on the starboard side would not only have taken some time, but also might have proved dangerous, for it might have hit the man in the water. Lights were turned on and observation was made from the deck, a more effective vantage point than the surface of the water. The engines were stopped and a seaman stood by with a life-line. The plaintiffs argue that a life raft should have been dropped and the thought occurs that a seaman might have been sent to the bottom of the ship's ladder or into the sea. Under the emergency conditions, however, reasonably proper action appears to have been taken, although if a crew member had already been near the bottom of the ladder before the fall, he might have prevented the drowning. Since there is no finding of negligence in the rescue operation as such, it becomes irrelevant to note that there is no defense of contributory negligence to the duty of rescue. Kirincich v. Standard Dredging Co., 112 F.2d 163 (3 Cir. 1940).
Having determined that under United States law the ship was unseaworthy, we must also apply that law to determine the damages due to survivors of a decedent under that law.
The plaintiffs have a proper claim for relief in a diversity of citizenship case for damages for wrongful death on the high seas caused by unseaworthiness. Moragne v. States Marine Lines, supra.
Since this action is not on the admiralty side of the Court it cannot be considered as brought under the Death on the High Seas Act, 46 U.S.C. § 761 et seq., but that Act may afford analogy in determining the schedule of beneficiaries. See Moragne, supra, 398 U.S. at 407, 408, 90 S. Ct. 1772. And I believe we may also resort to cases under it for the elements of damage in an action for death on the high seas, since there is no logical reason for determining damages differently where the action is on the law side rather than in admiralty.
The awards are to be computed on a two-stage basis, and in the words of Judge Weinfeld, (1) the damages to the date of decision are to be totalled without discount and increased by prejudgment interest, and (2) future damages are to be discounted to their present value. Petition of Marina Mercante Nicaraguense, S.A., 248 F. Supp. 15, 25-26 (S.D.N.Y. 1965), aff'd, 364 F.2d 118 (2 Cir. 1966).
The elements of damage are:
(1) the decedent's earning capacity, what he might reasonably have been expected to earn had he lived, and the extent to which the surviving defendants "might logically and reasonably have been expected to share in it." O'Connor v. United States, 269 F.2d 578, 582 (2 Cir. 1959).
(2) Loss of a father's care, guidance and training. Moore-McCormack Lines, Inc. v. Richardson, 295 F.2d 583, 588, 593 n. 9a (2 Cir. 1961), but this must be reducible to pecuniary value. First National Bank in Greenwich v. National Airlines, Inc., 171 F. Supp. 528 (S.D.N.Y. 1958), aff'd, 288 F.2d 621 (2 Cir. 1961).
(3) Funeral expenses. Dennis v. Central Gulf S/S Corp., 453 F.2d 137 (5 Cir. 1972).
(4) Pain and suffering. See Richardson, supra.
On the other hand, loss of consortium is not compensable. Igneri v. Cie. de Transports Oceaniques, 323 F.2d 257 (2 Cir. 1963).
Applying these principles, I find:
1. The decedent was 46 years old and left him surviving a widow and five children whose ages were 10, 12, 13, 15 and 21.
2. The decedent earned $15,462.67 in the year 1967.
3. The defendants have conceded that if Nye were alive today he would be earning $20,000 a year.
4. A normal, healthy male of 46 had a life expectancy of 26.5 years to age 72.5.
5. There was no evidence of working life expectancy. I will assume age 60 in view of the peripatetic nature of the employment
6. The decedent was an obese individual, with diabetes and high blood pressure (hypertension) and cardiomegaly, with a possible kidney disease complication. His chances for longevity were considerably below average. His morbid condition shortened his life expectancy by at least ten years, and I would judge that his work expectancy would not exceed age 55. These are not scientific findings, see Civil v. Waterman S.S. Corp., 217 F.2d 94, 99 (2 Cir. 1954), but I think they give the plaintiffs the benefit of some doubt.
7. I will accept the figure of $20,000 a year as the measure of the decedent's earnings without deducting for income taxes from this time forward, (see McWeeney v. New York, N.H. & H.RR Co., 282 F.2d 34, 35-39 (2 Cir. 1960), cert. denied, 364 U.S. 870, 81 S. Ct. 115, 5 L. Ed. 2d 93; Petition of Marina Mercante Nicaraguense, S.A., supra, 364 F.2d at 125-126), and take $15,500 for the years 1968-May 1973, four years and five months.
8. I will follow Judge Weinfeld's formulation in Marina Mercante, supra, 248 F. Supp. at 27 (since the facts are quite similar) that the amount of contribution of which the family was deprived, where there was a wife and four children, was 80% (one child was over 21), a wife and two or three children 75% (two of the children will reach majority over the next five years).
A. Loss of Pecuniary Contribution. From January 1, 1968 to May 1, 1973 the decedent would have earned at the rate of $15,500 a year, the sum of $1,292 per month for 53 months, or a gross of $68,476, of which 80% equals $54,780, or $12,400 a year.
B. Loss of Nurture. For each child $75 a month or $300 for the four children. For 53 months this equals $15,900.
C. Pain and Suffering. $2,000.
D. Funeral Expenses. $2,625.58.
Total: $75,305.58.
1. Assuming $20,000 a year compensation for the remaining five years of work expectancy to age 55, the following is a table reflecting the appropriate distribution to which each family member is entitled discounted to present value. Included in the distribution table are the amounts to which the children are entitled for loss of nurture.
Age of Family Compensation Compensation
Children Member for loss for loss
of earnings of nurture
Wife $3,200 -0-
Over 21 Child A -0- -0-
19 Child B $3,200 $900
17 Child C $3,200 $900
16 Child D $3,200 $900
14 Child E $3,200 $900
Wife $3,200 -0-
Over 21 Child A -0- -0-
20 Child B $3,200 $900
18 Child C $3,200 $900
17 Child D $3,200 $900
15 Child E $3,200 $900
Wife $3,750 -0-
Over 21 Child A -0- -0-
21 Child B -0- -0-
19 Child C $3,750 $900
18 Child D $3,750 $900
16 Child E $3,750 $900
Wife $3,750 -0-
Over 21 Child A -0- -0-
Over 21 Child B -0- -0-
20 Child C $3,750 $900
19 Child D $3,750 $900
17 Child E $3,750 $900
Wife $5,000 -0-
Over 21 Child A -0- -0-
Over 21 Child B -0- -0-
21 Child C -0- -0-
20 Child D $5,000 $900
18 Child E $5,000 $900
Gross Amount of Discount
Compensation Average Rate of 5% Net
for lost earnings Gross Using a Distribution
Family plus loss of Amount Factor of right per
Member nurture per Year 4.329 family member
Wife $ 18,900 $3,780 x 4.329 = $16,363.62
Child A -0- -0- x 4.329 = -0-
Child B $ 8,200 $1,640 x 4.329 = $ 7,099.56
Child C $17,500 $3,500 x 4.329 = $15,151.50
Child D $23,400 $4,680 x 4.329 = $20,259.72
Child E $23,400 $4,680 x 4.329 = $20,259.72
The total of the award to date and the post-judgment award = $75,305.58 plus $79,134 = $154,439.58, divided by 2 (50% contributory negligence) =$77,220. Under the teaching of Moore-McCormack Lines, Inc. v. Richardson, supra, 295 F.2d at 592-595, pre-judgment interest at 5% per annum is awarded on the sum of $37,653 (50% of the prejudgment award). The defendants shall have costs and counsel fees against the third-party defendant.
The foregoing shall constitute the Court's findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52(a).
Submit decree in accordance with the foregoing.
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Latest Update:
Quick Find:
B Body Rules Bumpers Blocks Brakes Belts Ballast
C Crank Camshaft Carburetor Cooling System
D Drive Train Driver's Suit
E Exhaust Engine Stetback Electrical System
F Frame Fuel Fire Extinguisher Fuel Cell
H Heads Helmets
I Interior Intake Ignition
K Kill Switch
O Oilsystem
P Pistons
R Roll Cage Rods
S Suspension Steering
T Tires
U Unaltered Definition
V Valvetrain
W Wheels Weight Rule
Rule book Disclaimer
The rules and/or regulations set forth herein are designed to provide for the orderly conduct of racing events and to establish minimum acceptable requirements for such events. These rules shall govern the condition of all events, and by participating in these events, all participants are deemed to have complied with these rules. NO EXPRESSED OR IMPLIED WARRANTY OF SAFETY SHALL RESULT FROM PUBLICATION OF OR COMPLIANCE WITH THESE RULES AND/OR REGULATIONS. They are intended as a guide for the conduct of the sport and are in no way a guarantee against injury or death to a participant, spectator, or official. The race director shall be empowered to permit reasonable and appropriate deviation from any of the specifications herein or impose any further restrictions that in his opinion do not alter the minimum acceptable requirements. NO EXPRESSED OR IMPLIED WARRANTY OF SAFETY SHALL RESULT FROM SUCH ALTERATION OF SPECIFICATIONS. Any interpretation or deviation of these rules is left to the discretion of the officials.
IMAGES, PHOTOS and VIDEO. All images, videotape, camera film, etc… taken on Altus Speedway grounds remains the property of Altus Speedway. All drivers/owners should inform their crewmembers, fans and families that no images may be used for commercial gain without written permission from Altus Motor Speedway, LLC. Anyone found publishing images taken at Altus Speedway without written permission would be in breach of copyright laws. Altus Speedway reserves the right to restrict any person or persons from photographing events held at this facility. Furthermore, Altus Speedway reserves the right to confiscate any film taken of any event.
This is a division intended for any driver. Speedway officials will be empowered
to restrict any car from competing. Any other alterations or modifications not
specifically allowed for in these rules would be considered illegal. Stock OEM
means no alterations of any kind to parts. If you are planning to do something
that is not covered in these rules, please consult with the tech inspector before
doing so. Otherwise, your car may not be legal.
(Riders will only be allowed with pit pass and proper safey equiptment)
*American made rear wheel drive 4 door sedan.
*No GM unibody cars allowed.
*Minimum Wheel base 112".
*No alterations of any kind allowed.
*No SBC V-8 engines of any size allowed.(to include: 283, 305, 307, 327, 350)
*No 4 cylinder or V-6 Engines allowed. (NO EXCEMPTIONS)
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*A 4-point roll cage is optional. All tubing listed or shown and within the cage
must be constructed with a minimum 1 1/2"x.095 wall round DOM or EW steel
tubing unless otherwise stated.
*Must have a roll over bar behind driver with 2 support bars angle down toward
rear fender well.
*Main hoop must be welded to frame.
*Door protection is required by either door bars or plate welded or bolted flush
to door.
*Grader blade, pipe or square tubing bolted or welded to door, must have
rounded edges and be flush with door no gap.
*No pipe, tubing or any other metal will be allowed outside of drivers
compartment. This means no pipe in front of radiator or behind front or rear
bumpers. No pipe allowed in engine area.
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*All suspension pieces will remain stock unaltered.
*No changing springs or altering springs
*No spring spacers or spring rubbers of any kind allowed.
*No cutting or notching any suspension piece.
*No racing springs or shocks allowed.
*No more than 1.5 degrees positive or negative camber allowed.
*Shims can be added or taken out of a-arms, but must have stock a-arm bolts.
Back to top
*Unaltered, OEM steering and components only.
*Quick release steering wheel ok.
*Safety padding in steering wheel recommended.
*Straight steering shaft Ok.
Back to top
*Bodies must be stock for make and model.
*Must have factory front and rear bumpers, no bracing behind bumpers.
*No poly nose or tail piece allowed.
*All headlights and taillights must be removed.
*All side marker lamps and molding must be removed.
*All glass must be removed, may leave front windshield.
*No rear view mirrors or side mirrors allowed.
*Driver's door must welded or bolted shut.
*Any car part that comes loose during a race may cause a black flag for the car at the official's discretion.
*May cut inside of door for door bars. May trim for tire clearance, and trunk may
Be cut for fuel cell.
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*Stock front and rear bumpers only, no bracing of any kind allowed.
Back to top
*100% stock engines and auto trans only.
*No powerglide trans allowed.
*Must have stock torque converter.
*Must use factory rearend, no ford 9 inch allowed.
*No locked rearends allowed.
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*Factory unaltered brakes and rotors only, no oversized calipers or rotors allowed, no drilled or veined rotors allowed.
*Factory front disk and rear drums. If using newer car it must be verified if it has disk brakes on rear.
*Must use OEM master cylinder in stock location.
Back to top
*Factory steelwheels only.
*Max width is 7inches.
*Must use over the counter Street tires.
Back to top
*American made production V-8 engines only. No V-6 or 4 cylinders. Must be production
cast iron block with standard external measurements In all respects with the exception of the
permissible overbore .060 No aluminum blocks permitted, stock production only.
No removing of Identification numbers, no grinding or lightening. No bowtie, SVO or R blocks. GM blocks must be 350 Cl or less. GM blocks must be in GM cars, Ford blocks must be in Ford cars, Dodge blocks must be in Dodge cars.
Back to top
*All cranks must be stock OEM and must be stock stroke. No aftermarket cranks allowed.
Back to top
*All rods must be stock OEM for that block. Cannot use aftermarket rods.
Back to top
*Must use stock or stock replacement only. 4 valve relief or less.
Back to top
*Stock OEM camshaft & valve train only.
*Must pull 18 inches of vacuum at 1000 rpm's
*Must have stock OEM pushrods and rocker arms. No polylocks allowed.
Back to top
*Stock steel production heads only, no high performance head or closed chamber head allowed.
*Heads must be at least 76 cc and stock valves 1.94 & 1.50.
Back to top
*Stock OEM cast iron intake EGR or non EGR, no high performance intake Allowed.
No carb spacers allowed.
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*2 or 4 barrel carb. GM = quadrajet. Ford = motorcraft. Dodge = Carter.
*May use chrome air cleaner not to exceed 14" in diameter.
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*Stock OEM ignition with factory firing order.
*Factory oil pan, oil filter must remain in stock location.
May use steel valve covers with breathers on one side.
Back to top
*Stock OEM fuel pump for that make and model.
Cars with fuel injection will be allowed to run electric fuel pump, must have safety device to shut down when car is in accident.
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*Engine must be in stock location with factory mounts.
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*Quick release type extinguisher mounted within easy reach of the driver is mandatory.
Must have gauge and be fully charged.
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*Fuel cell highly recommended. May use 5 gallon can or other approved Means.
Fuel injected cars may leave factory tank, fuel tank needs to be protected with pproved means.
Back to top
*Must use factory or factory replacement radiator no aluminum racing radiator's allowed.
*Overflow container required. Fan shroud required.
*No cooling system allowed inside of driver's compartment. No anti-freeze allowed!
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- Kills Mosquitos
- Comes With 40 Tablets
- Lasts 40 Nights
- Works In 150+ Countries
- Liquid and Tablet Refill Compatible (Sold Separately)
- Weight: 85g
Sleep in comfort with the Lifesystems Plug-In Mosquito Killer Unit. Equipped with enough tablets to last 40 nights and compatible with liquid and tablet refills (sold separately) this handy compact device will save you a lot of discomfort in those hotter climates. Use the unit with a universal travel adapter and the device can be used world wide.


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Music Gear News
Every child 'has the right to learn a musical instrument'
Schoolchildren should continue to be encouraged to play instruments such as guitars and keyboards, a teaching union has stated.
According to the Educational Institute of Scotland (EIS), many local authorities across the country are struggling to balance their budgets.
However, the group said this does not mean schools should cut back on providing musical education, as this can aid the personal and social development of children.
"Every child should have the right to learn a music instrument," said Ronnie Smith, general secretary of the EIS. "Learning to make music provides them with skills that will be applicable to many other areas of their everyday lives."
Mr Smith noted that learning to play a musical instrument can help children learn how to work both as an individual and as part of a larger group.
This, he stated, could boost their social skills, self-confidence and overall personal development.
According to figures from Halifax, 9.7 million people in the UK actively play instruments such as guitars and keyboards.Posted on 23 Dec 2009 18:00 to category : Instruments News
Related Music News
With new windows drivers installed and great savings to be made on selected models, Focusrite are giving you more and more reasons to be merry this Christmas
Recent studies have shown that music can improve mental abilities whilst also helping to heal victims of brain damage
A luxurious digital piano designed to faithfully recreate the sound of a grand acoustic piano, the Casio Celviano GP-300 is the perfect tool of expression for the discerning pianist
Offering up to £80 off on the Kontrol Series whilst slashing the price of Komplete Audio 6 to £149, get your chance to use the worlds leading hardware at an incredibly discounted price
Buy Reason between November 24th and December 31st and get £350 worth of the best selling instrument and effect rack plugins for free!
Considered one of the go to beginner kits, the Mapex Tornado offers high quality performance at a fraction of the price
Recent Music News
Straight from the 90's, the legendary synth has been given a modern makeover to make it more versatile than ever
Antelope Audio Now Offering a Free License For PreSonus Studio One For Customers Who Purchase Selected Interfaces
Those who purchase a Zen Tour, Zen Studio, Orion Studio, Orion 32, Orion 32 or Goliath interface will be eligible to receive a free copy of PreSonus' Studio One
With thousands of new presets and a vast array of functions, the Predator 2 brings next level sound quality and user defined audio manipulation to the players immediate disposal
With a new arpeggiator and synthesizer at the users disposal, several user requested updates provide the player with more versatility than ever before
A limited time edition of the Akai MPK Mini MK 2, the white equivalent operates as an eye catching alternative that looks as good as it sounds.
Casio's GP-500 Celviano Grand Hybrid Digital Piano Awarded With Title of 'Most Innovative and Trusted Piano Product for 2016'
Bursting with a number of great features, the Celviano Grand Hybrid offers the player unparalleled performance and unprecedented tone


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Star Gazing
Miracle Worker: L'Occitane Shea Butter
Model Amber Rose once revealed that she covers herself head to toe with shea butter to maintain a glowing complexion. We're so loving her lavish beauty secret! Just in time for fall, L'Occitane introduces three new shea butter scents in super-cute, portable tins... Here's what you had to say: Rev-Sonya commented via Facebook: "I use shea butter on my natural hair. The stuff is awesome!" LaDonna wrote via Facebook: "I need to try the L'Occitane shea butter. I love shea for my skin, hair and lips."
Read More
Latest News


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Captain America (1979) merchandise
Category page
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"The Captain America II: Death Too Soon DVD will be released on November 1, 2011 with Captain...Captain America II: Death Too Soon Home Video
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Why We Love It
Details & Wash Care
|Actual Colour
|Cotton Rich
|60% Cotton, 40% Polyester
|Ironing Instructions
|Warm iron on reverse - Max 150 C
|Washing Instructions
|Professionally dry clean only
Ratings & Reviews
Not worth the money
I was disappointed in the quality of the inner cushion and replaced with a feather filler. Cover much lighter colour than the one pictured on the website.
Response from Gabby at Julian Charles:
""Hi there, we are very sorry to hear about your experience. In regards to the inner cushion, it is advertised on our website as a hollow fibre filler and not a feather filler, which both have different qualities. It appears that the images of our Ashford silver cushion show the colour to be slightly different to the actual tone and understand this must be misleading. We are currently correcting our photography. In the meantime, please contact email@example.com where we are happy to find a suitable solution to your problem."
Delivery & Returns
Standard UK Home Delivery
Delivered in 3 - 5 working daysFind out more
FREE Home Delivery
When you spend over £49
Delivered in 3 - 5 working daysFind out more
Next Day UK Home Delivery
Order by 2pm for Next Working Day DeliveryFind out more
Click & Collect
Collect from 25 of our stores across the UK
Available within 3-5 working days of orderingFind out more
Free Returns
Return to your local store or DPD parcelshop
Return Christmas gifts up until 15th January 2017Find out more
Curtains & Tiebacks
Typically, we offer curtains widths (per panel) of 44", 66" & 90". We also offer curtain drops of 54", 72", 90" and sometimes 108".
Measured in centimetres? Don't panic, we've calculated the measurements for you - simple select the size dropdown to reveal the size variations.
Some, but not all curtains have a matching tieback. These have been designed to a size that complements the curtains perfectly.
Still stuck? Visit our Measuring up for Curtains Buying Guide for further information.
Duvets Covers
Double: 198cm x 198cm
King Size: 228cm x 218cm
Super King: 259cm x 218cm
Bed Sheets
Fitted Sheets:
Single : 91cm x 190cm
Double :137cm x 190cm
King : 152cm x 198cm
Super King : 183cm x 198cm
Sandard depth 25cm
Extra deep depth 38cm
Flat Sheets:
Single : 180cm x 260cm
Double : 230cm x 260cm
King : 275cm x 275cm
Super King : 275cm x 300cm
Valance Sheets:
Single : 91cm x 190cm
Double :137cm x 190cm
King : 152cm x 198cm
Super King : 183cm x 198cm
Skirt depth 41cm
Pillow Cases
Housewife Pillow Cases: 50cm x 75cm
Oxford Pillow Cases: 50cm x 75cm
Square Pillow Cases:
Boudoir Cushions: 50cm x 30cm
Bolster Cushions : 40cm x 17cm
Square Cushions: Generally 45cm x 45cm - see product page size drop-down for clarification
Bed Throws & Runners
Bed Runners: 220cm x 50cm
Bed Throws: Sizes vary by design but are generally cut for the best possible effect
Duvets & Pillows
- Single: 135 x 200cm
- Double: 200 x 200cm
- King Size: 225 x 220cm
- Super King: 260 x 220cm
Our Pillow Sizes are industry standard; Width 74cm x Length 48cm. Any variances to this will be detailed in the product description.
Mattress & Pillow Protectors
Mattress Protectors:
Single : 91cm x 191cm
Double : 137cm x 191cm
King: 152cm x 198cm
Super King : 183cm x 198cm
Depth : 30cm
Pillow Protectors: 74cm x 48cm


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Columbia St. Mary's proposes clinic in Grafton
Columbia St. Mary's plans to construct a 14,459-square-foot medical clinic in Grafton, on a 2.54-acre parcel north of Highway 60 and west of Cheyenne Ave.
Columbia St. Mary's plans to begin construction in June, with completion by December, said Darrell Hofland,village administrator. The plans will be reviewed by the village Architectural Review Board on May 13, and the Plan Commission on May 25.
- Downtown Waukesha apartment plan revived
- Firefighters union chief played role in high-rise zoning fight
- Video: Sprawling Mequon takes a more urban turn
- Pabst Brewing opens satellite office at former Pabst brewery
- Goll House apartment opponent cites union labor concerns
- Drexel Town Square to get more retail buildings
- Charter Manufacturing moving to new Mequon offices
- Video: Redevelopment continues of former Concordia campus
- Memory care facility proposed in Brookfield
- Land & Space commercial development database past 250 projects
Commercial Real Estate News
Common Council rejects apartment high-rise behind Goll House
A proposed $55 million 27-story apartment tower for Milwaukee's east side has been rejected by the Common Council.
The council on Tuesday voted 10-5 to support the project, falling two votes short of the supermajority needed for approval. The zoning change needed 12 votes because a protest petition was signed by enough adjacent property owners, said Ald. Ashanti Hamilton, council president.
The opponents were Ald. Robert Bauman, whose district includes the site, along with aldermen Cavalier Johnson, Mark Borkowski, Jose Perez and Tony Zielinski.
Check the Milwaukee Assessor's Office website, which includes tools to look up property assessments.
Find property assessments for other communities throughout the state at AssessorData.org.
The Milwaukee Department of City Development website includes information on the city Plan Commission and Redevelopment Authority.
The Commercial Association of Realtors Wisconsin offers information on commercial realtors and real estate.
The Milwaukee chapter of the Institute of Real Estate Management serves the needs of real estate management professionals
The Wisconsin chapter of the NAIOP Commercial Real Estate Development Association aims to serve developers and owners of commercial real estate.
The Land and Space blog was recognized by the Society of American Business Editors and Writers in the blog category for dailies with circulation between 200,000 to 500,000.
The judges said, "Daykin's aggressive reporting and accessible, explanatory writing make him a must-read for his tight-knit and highly engaged audience."


text: We have curated collection of beautiful wedding bangles online like bridal chuda and Punjabi bangles for you. Look the best on your wedding day by wearing beautiful Punjabi chura or bridal chura. Now you buy jewellery online India by simply sitting at your comfort zone at home and you get the jewelry wrapped at your door step. Add the glam quotient by adding bangles and bracelets to your jewelry collection. While you buy bangles online India, you can choose from the variety like Kundan bangles, wedding chura, Punjabi chura and much more.


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PharmaVision offers a comprehensive choice of high quality, insightful reports which identify key trends, future innovations, and growth opportunities. Our reports cover the life science arena including pharmaceuticals, healthcare, diagnostics, drug delivery, emerging R&D technologies and consumer nutrition.
The FDA placed a hold on clinical trials with Regeneron/Teva's anti-NGF fasinumab in phase 2b for chronic low back pain. An unplanned interim of the results will be undertaken to assess its safety and no new subjects will be recruited onto the study. Lilly/Pfizer restarted a trial with their anti-NGF candidate tanezumab last year when the FDA lifted its clinical hold. If NGF inhibitors prove to be safe and effective analysts predict they could generate multibillion-dollars in sales .
During the last decade the pharmaceutical industry has been looking towards the emerging economies to expand its global footprint and drive future growth. This white paper focuses on the potential opportunities for investment in the Middle East, particularly with respect to Bahrain, Saudi Arabia and the United Arab Emirates.


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Avocados are healthy when eaten in moderation. This is a great way to prepare avocados.
Mash avocados together. Add all other ingredients, mix until all is blended together. Serve with tortilla chips or fajitas!
By Crystal from Abilene, TX
If you are going to eat your avocado salad right away, it is fine, but otherwise I would suggest adding the avocados when you are ready to serve the salad. I made a salad with all of these ingredients as well as cucumber, but didn't serve it until the next day and it was "gushy" and very unsatisfying.
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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Are you looking for something nice for your bathroom? In that case you should have a look at the options that we have below. It is a fact that this compilation has become quite popular and there are no customers who regret their choices made here. This should not be surprising – find out why.
Edenscape Double Curved Shower Curtain Rod
Curved shover curtain rod which includes flanges and mounting hardware. It fits standard 72 by 72 inches shower curtains. Additionally, it features second rod to dry hang towels and other accessories.
Curved Shower Curtain Rod
Aesthetic practical wall-mounted rod for shower curtains. It is made of quality stainless steel, has 1-inch diameter and is slightly bent for better space management. Most suitable for smaller bathrooms.
Oil Rubbed Bronze TwistTight® Premium 44"-72" Double Rod, I don't see it at our store or within $50 miles. Price $39.99 plus $8 shipping about $50. I might just buy two tension rods and arrange them this way in the shower (cheaper)
Designed to give you more space, this curved oil-rubbed bronze shower rod is versatile and stylish. Made from solid brass, this rod features an antique bronze finish that will look superb with all of your dark-colored bathroom hardware and ac
Shop Moen 60-in Tension Mount Old World Bronze Curved Adjustable Shower Curtain Rod at
- Oil-rubbed Bronze Curved Adjustable Double Shower Curtain Rod - This functional curved shower rod finished in oil-rubbed bronze increases personal shower space with an adjustable rod. Expanding an extra foot to fit virtually any shower si
Update your bathroom decor with this decorative shower rod set This bathroom accessory kit includes curved bath rod, 12 hooks and vinyl shower curtain linerAdjustable curved shower rod is easy to install
I want a permanently installed shower curtain rod - open to straight or curved options, in the same bronze color we're doing everything else in
Walmart: Better Homes and Gardens Smart Rods Shower Curtain Rod, Bronze Upstairs bathroom
Rubbed bronze-finished curved shower rod with a curtain and twelve rings. Product: 1 Rod 12 Rings 1 Curtain Construction Material: Metal and vinyl Color: White and rubbed bronze Features: Rod is expandable Dimensions: Rod: 38"-72" W x 1" Diame
Lake of the Isles Tudor Renovation - traditional - bathroom - minneapolis - by Anchor Builders = FLOOR
Zenna Home Never Rust Adjustable Curved Shower Curtain Rod, 44 to 72-Inch, Bronze ZPC Zenith Products Corporation
- InterDesign Adjustable Curved Shower Rod, 41-Inch to 72-Inch, Bronze - Shower Curtain Rods
rubbed bronze curved shower curtain with white textured shower curtain... Should You Change Your Shower Rod for Winter? from Bathroom Bliss by Rotator Rod
MOEN 54 in. to 72 in. Adjustable Length Curved Shower Rod in Chrome - CSR2160CH
These bathroom shower rings are awesome! They roller balls make them glide really easy and with the double hooks, you have headache free shower curtain liner changing. Comes in brushed nickel, bronze, and chrome. Bought this with the curved drill-free s
Better Homes and Gardens Smart Rods Shower Curtain Rod, Bronze: Bath : $34.96
$76 - MOEN, 60 in. Stainless Steel Adjustable Double Curved Shower Rod in Old World Bronze, DN2141OWB
Curved Adjustable Shower Rod with Vinyl Shower Liner and Hooks Set. $29.99 want these for secondary bathrooms.
MOEN 72 in. Adjustable Length Curved Shower Rod Set in Old World Bronze - DN2160OWB
Shower Rod Double Bar Curved Curtain Bronze Bathroom Towels Water Liner Bathtub
Zenna Home 35603HB04, Curved Shower Curtain Rod, 56 to 72-Inch, Heritage Bronze ZPC Zenith Products Corporation
- Zenith 56-Inch to 72-Inch Adjustable Curved Rod, Heritage Bronze - Shower Curtain Rods


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Our Pet Care Partners
Caring for all of your pet's needs takes more than we could ever provide alone. Here are some local organizations and businesses that we recommend to our patients and their families.
Sacramento County Animal Care & Regulation
Sacramento County Animal Care & Regulation department provides our community with a variety of animal care services such as adoptions, pet licensing, spay/neuter procedures, shelter resources and more.
Pet Health and Lifestyle Information
We know a well-informed owner coupled with an expert veterinary care team is key to maintaining the happiness and health of your pet. That's why we partnered with Vetstreet.com to bring you additional pet health and lifestyle information you can't find on our website. Vetstreet.com contains a wealth of pet information written by leading veterinarians, journalists, and animal health care experts. Whether you are wondering about why your dog puts his head out of the window while driving, seeking a workout plan for you and your dog, or trying to figure out how to get your cat to take her medicine, VCA and Vetstreet.com are here to help.
Visit: Vetstreet.com
The Pet Loss Support Page
The Pet Loss Support Page, hosted by Moira Allen, offers compassionate, comprehensive information on how to cope with the loss of a beloved animal companion. It provides a variety of helpful articles and tips, as well as a state-by-state guide to bereavement resources
Sacramento SPCA
The Sacramento Society for the Prevention of Cruelty to Animals (SSPCA) was established in 1894 and is dedicated to ensuring the humane treatment of all animals in the Sacramento area. We provide a safe and nurturing environment for unwanted, abandoned and mistreated pets until they can be placed into loving homes. Through proactive intervention, public education and community outreach, the Sacramento SPCA seeks to promote respect for all life by breaking the cycle of abuse, neglect and pet overpopulation in our communities.
Visit Sacramento SPCA
Sacramento Police Canine Association
The purpose of the Sacramento Police Canine Association is to educate and promote the use of police service dogs in the community, perform canine demonstrations for schools and community groups, provide additional training and equipment for police service dogs and their handlers, assist in the care of retired police dogs, and furnish death benefits to all police canines.
ASPCA Animal Poison Control Center Hotline
The ASPCA Animal Poison Control Center is staffed 24 hours with veterinary health professionals who have been specially trained in veterinary toxicology. If you think that your pet may have ingested a potentially poisonous substance, call the ASPCA 24 hour emergency Animal Poison Control Center hotline at (888) 426-4435. A $65 consultation fee is applied to your credit card.


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Tier 2.5 Mobile Support Engineer
Bengaluru, KA
Job Code:
Applying for this job will take you to an external site
Job Details
Job DescriptionJob Description Provides technical support to field engineers, technicians, and product support personnel who are diagnosing, troubleshooting, repairing and debugging complex electro/mechanical equipment, computer systems, complex software, or networked and/or wireless systems. Responds to situations where first-line product support has failed to isolate or fix problems in malfunctioning equipment or software. Reports design, reliability and maintenance problems or bugs to design engineering/software engineering. May be involved in customer installation and training. Provides support to customer/users where the product is highly technical or sophisticated in nature.QualificationsBasic Qualifications Expertise supporting desktop, mobile, and web-based software Minimum of 5 years technical support as a Tier 1 agent or enhanced role (Tier 2, quality, training, etc) Ability to recognize and address sensitive issues prior to customer escalation Excellent verbal communication skills, with neutral accent Excellent written communication skills Technical Qualifications Candidate must show fundamental technical knowledge areas in Microsoft Windows Operating Systems and Office Network Connectivity Mobile operating systems and versions (Android and iOS) GSM and CDMA devices 3G, 4G networking Understanding basic terms IMEI, MSISDN, GPS etc. Primary Duties and Responsibilities Collaborate with Intel mobile engineers, product managers, partner support, and marketing to optimize services and products for our customers Support, triage, and troubleshoot customer support issues for Intel security mobile applications Fix issues as needed and work with Senior teams to address them Work with directly with customers to identify and replicate problems Secondary Duties and Responsibilities Develop support documentation for Tier 1 \ Tier 2 support Develop support documentation as required by the application support teams for acceptance of systems changes into production Run/manage meetings, and training/coaching Maintain technical skills and expertise through continuing education and training Collaborate/partner with other teams including Testing, Release Management, Project Management, and Application Support for successful delivery of systems enhancements
Additional Degree: BE/ B.Tech (Engineering)
Experience: 2-6
Additional Degree: BE/ B.Tech (Engineering)
Experience: 2-6
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May 1, 1992
DENNIS P. SOBIN, APPELLANTv.UNITED STATES, APPELLEE
Appeal from the Superior Court of the District of Columbia; (Hon. Colleen Kollar-Kotelly, Trial Judge)
Before Steadman and King, Associate Judges, and Belson, Senior Judge.
BELSON, Senior Judge: A jury convicted appellant Dennis P. Sobin of keeping a disorderly house, in violation of D.C. Code § 22-2722 (1989). The trial court sentenced him to 180 days in prison and fined him $500.00. Sobin challenges his conviction on the grounds that (1) the trial court erred in refusing to grant his motion for mistrial based on a juror's bizarre behavior prior to deliberations; and (2) he was deprived of his Sixth Amendment right to a public trial by the exclusion of his two young children from the courtroom during sentencing. We find both contentions meritless, and affirm the conviction.
The managers of an office building at 1518 K Street, N.W. complained to Morals Division officers of the Metropolitan Police Department after having received reports from several building tenants about the high volume of traffic to and from a second floor suite at night. Cleaning crews and other building tenants frequently found used condoms strewn about the floors and stairwells of the building. Surveillance conducted by MPD Morals Division officers confirmed suspicions that prostitutes were using the suite as a "trick pad." *fn1 Typically, a scantily clad woman entered the suite accompanied by a man. The couples spent fifteen to thirty minutes together, during which time they undressed, engaged in sexual acts, dressed, and departed.
On August 25, 1988, one Holly Thompson beckoned to and approached an undercover officer, Bernard Emert, who was driving a private vehicle on Fifteenth Street, N.W., just before midnight. Emert testified that Ms. Thompson asked if he was "dating." He responded affirmatively. Their subsequent conversation established that Emert would exchange $50.00 for two sexual acts. Ms. Thompson led Emert to the second floor suite at 1518 K Street, N.W. Sobin was seated behind the desk when the couple entered. Ms. Thompson directed Emert to pay Sobin $10.00 for the use of a room. Sobin accepted the money. Emert and Ms. Thompson entered a room containing only a mattress on the floor, and a table. When Ms. Thompson began to undress, Emert announced that he was a police officer. Ms. Thompson then yelled, "Dennis, Dennis, Dennis, this man says he's the police!" Emert and Sobin conversed briefly. Emert then left the building and gave a prearranged signal to waiting police officers, who arrested appellant and Ms. Thompson.
On the second day of the trial, the Judge called counsel to the bench and expressed her concern about the strange behavior of the juror seated in the fourteenth seat. Other jurors had complained to the court clerk of that juror's bizarre actions in the jury room. At the request of defense counsel, the trial court conducted a voir dire of the entire jury, including Juror No. 14. *fn2 Each of the other jurors stated that Juror No. 14's behavior would not affect his or her ability to remain impartial and decide the case. According to the jurors questioned, at no time had Juror No. 14 discussed the case with other jurors. Ultimately, Juror No. 14 was excused and replaced with an alternate.
The trial court denied Sobin's motion for mistrial, rejecting his argument that the jury was tainted by Juror No. 14's unusual behavior and alleged threats. *fn3 In the alternative, but inconsistently, Sobin then asked that Juror No. 14 remain on the jury, based on his belief that Juror No. 14 is representative of the community, and perhaps sympathetic to Sobin's lifestyle. Sobin does not pursue this alternative argument on appeal. The trial court eventually granted the government's motion to strike Juror No. 14 from the jury panel over Sobin's objection. Because the issue of Juror No. 14's competence arose before the jury began its deliberations, and either of two alternate jurors was available to replace her, the trial court likened this situation to that brought about when a juror becomes incapacitated during trial.
The trial court has broad discretion to grant or deny a motion for mistrial, and on appeal the trial court's decision to deny a mistrial will be reversed only where an extreme situation threatened a miscarriage of Justice. Beale v. United States, 465 A.2d 796, 799 (D.C. 1983), cert. denied, 465 U.S. 1030, 79 L. Ed. 2d 694 , 104 S. Ct. 1293 (1984); Catlett v. United States, 545 A.2d 1202, 1213 (D.C. 1988), cert. denied, 488 U.S. 1017 (1989). The trial court also has broad discretion to conduct a voir dire of a jury, subject to the demands of fairness. See, e.g., Khaalis v. United States, 408 A.2d 313, 335 (D.C. 1979), cert. denied, 444 U.S. 1092 (1980). In assessing the jurors' responses, the trial Judge was in a position to consider their demeanor, and the tone and pattern of their speech. See Johnson v. United States, 470 A.2d 756, 760 (D.C. 1983). The trial Judge in this case had ample opportunity to observe both Juror No. 14 and all other jurors during a voir dire the trial Judge conducted immediately upon hearing reports of Juror No. 14's conduct. Sobin failed to articulate a reasonable basis for concluding that he was prejudiced by the behavior in question. See Lee v. United States, 454 A.2d 770 (D.C. 1982), cert. denied, 464 U.S. 972, 104 S.Ct. 409, 78 L.Ed.2d 349 (1983). We perceive no basis for holding that the trial Judge abused her discretion in denying a mistrial. *fn4
Two of Sobin's children, ages four and six, were present in the courtroom for the sentencing phase of the proceeding. During Sobin's allocution before the imposition of the sentence, he referred to his family members. The following exchange took place:
: I want to thank the other part of my family, my two young ones . . . because they have been very supportive even though they are just four and six. Your honor, they are extremely intelligent people --
[THE COURT]: May I indicate that I don't think it is appropriate for a four-year-old and six-year-old to be here for sentencing. I would ask that whoever is here please take them outside.
[APPELLANT'S COUNSEL]: Why, Your Honor?
[THE COURT]: I am asking you, please take them outside.
[APPELLANT'S COUNSEL]: Your Honor, these are his family members.
[THE COURT]: Take them outside.
[APPELLANT'S COUNSEL]: Your Honor, I object to any --
[THE COURT]: I don't care whether you object or not. I do not plan having small children in the courtroom at a time of sentencing of a parent.
[APPELLANT'S COUNSEL]: Your Honor, this is a public trial.
[THE COURT]: Right. It is not appropriate to have small children, four and six years old, in the proceedings. . . . Let me make one additional point [to Appellant's counsel]. I don't allow any children in my courtroom during any of the proceedings in criminal cases. It is not just Mr. Sobin's children. That is a rule that I have for all children and I think it is appropriate.
Sobin objected to the exclusion of his children on the ground that such an order violated his Sixth Amendment right to a public trial. In support of his position, Sobin points on appeal to our decision in Kleinbart v. United States, 388 A.2d 878 (D.C. 1978). In Kleinbart, the doors of the courtroom were locked pursuant to the trial court's order, without notice to the parties, for approximately one hour during the first phase of Kleinbart's bifurcated jury trial. Kleinbart promptly objected to the total closure of the courtroom on Sixth Amendment grounds. The trial court offered no explanation. This court found that such a total closure, for no articulated reason, was per se reversible. Id. at 883. Only in the most exceptional circumstances, we held, upon determination of the strict and inescapable necessity for such a course of action, may the trial court totally close a courtroom. Prior to the closure, counsel must be informed in advance on the record, and counsel must be heard on the question. Id.
Without question, the Constitution guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. . . ." Open court proceedings serve many desirable purposes. The quality of testimony is improved, unknown witnesses may be induced to come forward, and the public has an opportunity to observe the judicial process. Kleinbart, supra, 388 A.2d at 881. It discourages perjury and ensures that Judges and prosecutors carry out their respective functions responsibly. Waller v. Georgia, 467 U.S. 39, 46, 81 L. Ed. 2d 31 , 104 S. Ct. 2210 (1984). In the context of criminal trials especially, public trials serve to restrain the abuse of judicial power. Estes v. Texas, 381 U.S. 532, 538-39, 14 L. Ed. 2d 543 , 85 S. Ct. 1628 (1965); In re Oliver, 333 U.S. 257, 270, 92 L. Ed. 682 , 68 S. Ct. 499 & n.25 (1948); United States v. Kobli, 172 F.2d 919, 921 (3d Cir. 1949); Kleinbart, supra, 388 A.2d at 881. As to the attendance of particular individuals, "an accused is at the very least entitled to have his friends, relatives and counsel present. . . ." In re Oliver, supra, 333 U.S. at 272.
The right to a public trial is not absolute. Limitations have been placed upon this right, based upon considerations of maintaining order, protecting witnesses or parties, and preserving confidentiality. Kleinbart, supra, 388 A.2d at 882; see also United States v. Sherlock, 865 F.2d 1069 (9th Cir. 1989) (defendant's family members temporarily excluded from the courtroom during testimony of rape victim, a minor, because they were mocking and intimidating her); Nieto v. Sullivan, 879 F.2d 743 (10th Cir.), cert. denied, 493 U.S. 957, 107 L. Ed. 2d 359 , 110 S. Ct. 373 (1989) (trial court, after hearing, closed the courtroom during victim's testimony after victim expressed fear of retaliation from co-defendants who remained at large); Stamicarbon N.V. v. American Cyanamid Co., 506 F.2d 532, 183 U.S.P.Q. (BNA) 321 (2d Cir. 1974) (evidence of trade secrets justified exclusion of the public); United States v. Kobli, supra, 172 F.2d at 919 (in dicta, the court stated that youthful spectators could be excluded from the courtroom in cases involving sexual offenses, where evidence of scandalous or indecent matters may have a demoralizing effect on immature persons). In those instances in which the trial court has the discretion to exclude particular individuals from the courtroom, the trial Judge must specify the reason that justifies exclusion. Id.
Kleinbart differs substantially from the instant case. At no time during Sobin's trial did the trial Judge close the courtroom doors to the general public. At most, the trial Judge effected a partial closing of the courtroom during sentencing by specifically excluding two members of the public, i.e., two children of tender years. The exclusion of Sobin's young children in no way undermined the public policy goals identified above which are advanced by the requirement that criminal proceedings be open. See Reed v. United States, 461 F.2d 1106 (8th Cir. 1972) (in pro se collateral attack, defendant challenged the exclusion of his six daughters from the courtroom, without objection, during aggravated robbery trial; the trial court found no Sixth Amendment violation because the courtroom had otherwise been open to the public); United States v. Garland, 364 F.2d 487 (2d Cir. 1966) (because the trial court perceived no prejudice from the exclusion and defense counsel made no objection, no Sixth Amendment violation occurred when defendant's infant child was required to leave the courtroom attended by his wife), cert. denied, 385 U.S. 978, 17 L. Ed. 2d 440 , 87 S. Ct. 521 (1966). *fn5
Though the trial Judge in this case, when faced with Sobin's objection, did not give a lengthy articulation of her reasons for excluding the children, we are satisfied that her reasons were adequate. *fn6 It is apparent that the trial Judge was concerned about a court proceeding which would not shield young children from unpleasant Discussion of a parent's criminal activity, and would not spare them the sight of a Deputy United States Marshal taking their parent away into custody that the trial Judge most likely knew was the probable outcome of the proceeding. The ages of the children, four and six, are significant to our decision. They were little more than infants, and could not reasonably have been expected to consult with or advise their father in any meaningful way. On the other hand, it was quite reasonable for the Judge to be unwilling to lend court sanction to a proceeding in which small children would see their parent led away to prison after a Discussion of his participation in criminal behavior.
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Aren't You Glad You're You? (song)
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