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App Information 강아지 피하기
- App Name강아지 피하기
- Package Namecom.kanghyunsoo.avoiddog
- UpdatedOctober 27, 2015
- File Size18M
- Requires AndroidAndroid 2.3 and up
- Version1.0
- Developer강현수
- Installs10 - 50
- PriceFree
- CategoryArcade
- Developer
- Google Play Link
강현수 Show More...
그동안 그로우토피아 사전을 사용해주셔서 감사합니다.'레시피아'라는 발전된 조합법들과 더 편한 커뮤니티 시스템으로 찾아뵙겠습니다.링크:https://play.google.com/store/apps/details?id=com.kanghyunsoo.growtopiarecipes아래는 기존 설명입니다.게임 그로우토피아(Growtopia)를 좀더 편하게 플레이 할수 있도록 도와주는 앱입니다.거래 게시판 - 그로우토피아 유저들 간의 아이템 교환이 이루어 지는 장소입니다.다른사람과 아이템,월드 등을 사고 팔거나 남이 올린 좋은 정보를 볼 수도 있습니다. 물론 직접 올리시면 더좋지요.채팅 기능도 최근 추가되었습니다. 이 기능도 팝업모드를 이용해서 그로우토피아 실행중에 이용할수있습니다.사전 - 그로우토피아에서 존재하는 아이템들의 조합법,레어리티 등의 정보를 볼 수 있습니다.위키에서 직접 번역해서 올리는 것이기 때문에 모든 아이템이 추가되어있는건 아니지만 꾸준히 업데이트 하고 있습니다.전체화면 모드와 팝업 모드가 있습니다.전체화면 모드는 넓은 화면에서 이용 가능하고 여러 아이템들을 검색할 수 있습니다.팝업 모드는 그로우토피아를 하는 도중에 사전을 이용 가능하지만 검색 기능을 사용했을때 목록에서 가장 앞선 아이템하나만 검색됩니다.팝업 모드에서 검색 기능을 사용하실때에는 아이템 이름을 어느정도는 정확히 입력해야합니다.명령어 - 그로우토피아에서 사용되는 명령어들의 목록과 사용법이 나와있습니다.사전 정보를 업데이트 하실려면 '업데이트'버튼을 눌러주세요.감사합니다.email@example.com-제작자 강현수-모든 아이템 사진의 저작권은 Robinson Technologies and Hamumu Games, Inc. 에게있습니다Meanwhile, Thank you forusing glow Topia dictionary."Oh recipe 'I'll keep you posted as more advanced and easy-Actsystem of community.Links:https://play.google.com/store/apps/details?id=com.kanghyunsoo.growtopiarecipesBelow is the original description.This is the app to help you can play the game Grow Topia(Growtopia) more comfortable.Place the item to be exchanged between the user Grow Topiadone-deal boards.And others items, including buy and sell the world or you may seesome good information Nami raised. Of course, more directlyolrisimyeon jotjiyo.Chat feature has also been added recently. This feature also usethe pop-up mode can be used during the execution grown Topia.Pre-existing items in the glow of the Act Topia, you can viewinformation such as the rare utility.Since direct translation to posting on the wiki and while not allitems are constantly updated with the addition.There is a full-screen mode and the pop-up mode.Full screen mode is available in a wide screen, you can search forvarious items.Pop-up mode can be used during the pre-glow Topia, but only themost advanced items will be searched when using the Search functionfrom the list.When you use the search function in the pop-up mode to some extentthe item name must be entered exactly.Command-use and provides a list of commands used in glowTopia.To advance to update the information click on the 'Update'button.Thank email@example.com- Kang, Hyun - Soo producers -All photos are copyright of the items Robinson Technologies andHamumu Games, Inc. You to
리그오브 레전드의 MMR은 유저들이 정확히 알수 없지만 전적 검색 사이트들이 각자의알고리즘으로 계산을 해주어 대략적인 값을 알수있습니다. 이 앱은 대표적으로 유명한 3개의 전적 검색 사이트 ( op.gg, fow.kr , iplol.co.kr )에서 계산해주는 소환사의 MMR을 한번의 검색으로 알려줍니다.사용법: 검색창에 롤 소환사 이름을 입력하시고 검색 버튼을 누르시면 3개 사이트의 MMR이 나옵니다.오류라고 뜰 경우 다음 3가지 중 하나가 원인입니다.1, 인터넷에 연결되어있지 않습니다.(데이터나 와이파이)2. 최근에 플레이한 랭겜이 없거나 언랭이어서 전적사이트가 MMR 계산을 못합니다.3. 단순한 오류일수 있습니다. 다시 시도해보세요.+ iplol.co.kr 같은경우 최근 10 게임이 랭겜이 아니면 계산을 못해서 오류라고 뜹니다.League of Legends is auser of MMR, but they know exactly haejueo the calculation of eachsite are solely the search algorithm can know the approximatevalue. This app tells you that MMR Summoner typically calculatedfrom the famous three wholly search site (op.gg, fow.kr,iplol.co.kr) in search of one.Usage: Type a roll Summoner name in the search box and get the MMRcomes in three sites by pressing the search button.If gardening is an error, the following is one of threecauses.1, is not connected to the Internet (data or Wi-Fi)2. Recently Played raenggem is missing eonraeng site it is notentirely followed the MMR calculations.3. The days of a simple error. Please try again.+ Iplol.co.kr as if the last 10 games raenggem this or that didnot get a calculation error will pop up.
디시인사이드,네이버 카페,앱짱,다음 카페 등의 사이트들의 조회수를 빠르게 올리는데사용됩니다.실시간 공지는 앱의 메인화면에 뜨니 사용하시기전에 꼭 읽어보시기 바랍니다.사용방법:1.해당 게시글의 주소를 붙여넣기하거나 내장 웹 브라우져로 직접 찾아간다.2.토글버튼을 On하고 조금 기다린다3.토글버튼을 Off하고 상승한 조회수를 보고 감탄한다 - 이론상으로 초당50번네이버 서비스같은경우 이 앱을 사용할시 30분정도 접속이 안됩니다.이 현상을 방지하실려면 아이피 우회 어플을 사용하시던가, 킬때마다 아이피가 바뀌는 모바일 데이터를 이용해주세요제작:강현수DC Inside, Naver Cafe,aepjjang, is then used to raise quick hits from sites such ascafes.Be sure to read real-time notice before using tteuni on the mainscreen of the app.How to use:1. Paste the address of the thread or goes out directly to thebuilt-in web browser.2. On the toggle button and wait a little3. Off the toggle button, and admire the views increased to 50times per second, in theory,If you like Naver services for about 30 minutes when the connectionshould not use this app.To avoid this phenomenon hasideonga be bypassed using IPapplication, please use the Mobile IP data that changes everykilttaeProduction: V.one
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여러 명언 앱들과는 달리 이 앱은 명언을 만들어주는 앱 입니다.약 15000000개의 전혀 다른 명언을 만들 수 있습니다.가운데 있는 버튼을 눌러서 새로운 명언을 만듭니다.오른쪽 하단의 공유 기능을 활용하시면 양피지에 적힌 명언을 '사진' 형태로 공유가능합니다.Unlike many sayings AppThis app is the app that makes sayings.You can create different sayings of about 15 million.Press the button in the middle to create a new quote.If you take advantage of the sharing features on the bottom right,you can share your sayings written on parchment in the "Photos"form.
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ROOT REQUIREDXPOSED FRAMEWORK REQUIREDIF You dont know What is XPOSED Framework then do not try thisapplication (it wont work)Hi Guys,I read about the Xposed framework in xda and other websites.somewebsites have really good tutorials about it.So what I understandis that we can modify a function and its return values using theXposed Framework.I have created and Xposed Module For Changing (MASKING) the IMEINo of the PhoneChange Means How Other Application gets the IMEI No of the deviceusing below codeAs you all know,The Value is not permanent as it is an XposedModule :)XDA-Developers Threadhttp://forum.xda-developers.com/xposed/modules/xposed-imei-changer-t2847187Pro version :https://play.google.com/store/apps/details?id=com.vivek.imeichangerproStepsInstall appEnable module in xposed frameworkCome back to app and enter new valuePress ApplyGo to xposed moduleOpen framework pageDo a soft rebootOpen the appAnd you can see new valuecheck the value by dialing *#06#, you can see the new value
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text: 11/20/10 11/20/10 POPSUGAR Food Guess Who Alternative to Lasagna Name That Dish! November 20, 2010 by Food 5 Shares This baked casserole — which would be right at home at a Thanksgiving feast — offers layers of pasta and meat sauce . . . but it's not lasagna! Can you name that dish? Share this post CasseroleName That DishLasagna

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I admittedly don't know much about yoga. Besides the Sun Salutation and a few basic poses like lotus (okay, for me half lotus) and the plank, I haven't practiced too much, either. I do enjoy what little I've done and … Continue reading
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APPEAL from the Circuit Court of Winnebago County; the Hon.
WILLIAM R. NASH, Judge, presiding.
Rehearing denied July 26, 1973.
This products liability action was initiated against the manufacturer and distributor of a certain surgical pin known as a Schneider intramedullary rod. Injuries were allegedly sustained due to a break in one of defendants' rods which had been implanted in plaintiff's left femur. The jury awarded plaintiff a verdict of $175,000 and defendants appeal from the judgment entered thereon.
Defendants seek reversal based upon the following averred errors: (1) absence of evidence of a manufacturing defect in the rod which could have caused it to break; (2) the trial court's refusal of an instruction on misuse, and its allowing argument by plaintiff's counsel as if misuse was not an issue; (3) the court's rejection of defendants' evidence on testing methods; (4) newspaper accounts having been read by three jurors; (5) prejudicial remarks by plaintiff's counsel during closing argument; (6) giving of an instruction regarding plaintiff's right to recover for disability and disfigurement, and argument by plaintiff's counsel for such damages; (7) testimony by plaintiff that he had a wife and three children; (8) excessiveness of the verdict; (9) the cumulative effect of errors.
The stainless steel rod in question is designed for insertion into a fractured bone to provide support and stabilization during the healing process. On October 27, 1965, plaintiff underwent surgery to repair a comminuted fracture of the left femur; a rod was employed to hold the bone fragments in proper alignment.
Plaintiff remained in a wheel chair for approximately six months after surgery, and was then permitted to place partial weight on the affected leg, first while using a single crutch and, later, a cane. In August, 1966, still using a cane, plaintiff returned to work on a part time basis. X-rays taken throughout this period, including one taken on January 25, 1967, disclosed progressive healing of the fracture (although not complete union), and showed the rod in proper position. A March 21, 1967, x-ray, however, revealed a break in the rod which, according to one of the doctors, had probably occurred several days earlier.
Plaintiff was referred to another doctor who advised additional surgical intervention to promote the healing process which had been disrupted by the breaking of the intramedullary rod. Plaintiff underwent a second surgery on the left femur on May 3, 1967. A Phemister barrel stave operation, a type of bone graft, was performed. For some time thereafter it seemed that the operation had been successful but, after about eight months, the healing process seemed to have slowed. It was determined that the bone was not mending properly, due, at least in part, to the presence of excessive scar tissue.
In July, 1968, plaintiff went under the care of a third orthopedic surgeon who performed a compression plate operation on September 20, 1968. After that operation, plaintiff was first restricted to a wheel chair, graduated to crutches, then to one crutch until April 29, 1969, when the doctor, having determined that the fracture was solidly healed, permitted plaintiff to walk without crutch support.
I. Evidence of Defect
Defendants contend that the trial court erred in failing to direct a verdict in their favor claiming there was no evidence that the break in the rod was caused by a defect in its manufacture, arguing that all of plaintiff's witnesses agreed with defendants' own expert that the rod broke as a result of fatigue failure. (Fatigue failure is the result of metal being subjected to alternate loading in excess of its endurance limit).
Plaintiff's evidence on this issue consisted of the testimony of two metallurgists and a mechanical engineer. The metallurgists' analyses revealed the presence of various imperfections in the rod, including a small crack about a quarter-inch from the break, pitting on its surface, and inclusions (foreign objects in the steel). Their testimony indicated that any of these imperfections could have existed at the time the rod left the manufacturer; that their presence could initiate a crack in the metal and create areas of stress concentration, weakening the metal so that fatigue failure would occur at a stage considerably below the ordinarily anticipated endurance level. It was the opinion of both metallurgists that, if the rod was properly designed for implant in the human body and not bent prior to use, the failure resulted from a defect which existed at the time of manufacture. The mechanical engineer took measurements of the rod and of plaintiff, ascertained weight distribution and determined stress placed upon the rod in walking and in rising from a sitting position. Given the tensile strength of the rod and its endurance limit, the rod, in his opinion, could not have fractured unless a defect existed.
Defendants' expert, qualified both in the fields of metallurgy and mechanical engineering, testified that fracture of the rod occurred as a result of fatigue failure. His extensive research in the field of implants had shown that because maximum stress occurs at the point of non-union of the bone, fatigue failure of the implant commonly occurs at that same point. It was this witness' opinion that the computations of plaintiff's expert were inaccurate because, in determining the endurance limit of the implanted rod, consideration had not been afforded the additional stresses brought by muscle pull which, in his experience, can surpass the stresses of bodily weight. He further testified that no defect existed in the rod, its failure, rather, resulting from the stress of a cyclic load over an extended period of time in the area of non-union of the bone.
The testimony, thus summarized, does show (in accordance with defendants' argument) that all experts agreed that the rod ultimately broke as the result of fatigue failure. This mutual conclusion, however, fails to obviate the disparity of opinion over the very cause of this particular fatigue failure. Plaintiff's witnesses contend that the failure was due to defect, defendants' witness, that it was due to undue stress. These opposing theories merely presented a question of fact for the jury's determination.
• 1, 2 Under the rule of Suvada v. White Motor Co., 32 Ill.2d 612, 623 (1965), a plaintiff in a strict liability action must prove an injury resulting from an unreasonably dangerous condition of the product which existed at the time it left the manufacturer's control. (Dunham v. Vaughan & Bushnell Mfg. Co., 42 Ill.2d 339, 342 (1969).) Since there was sufficient evidence to substantiate the presence of defects at the time the rod was analyzed and since evidence also supported the conclusion that defects contribute to fatigue failure, the jury could infer that the defects were present at the time of manufacture and that, in the instant case, the failure occurred as a direct result. The evidence defeats defendants' contention that they were entitled to a directed verdict. See, Spotz v. Up-Right, Inc., 3 Ill. App.3d 1065, 1073 (1972); Taylor v. The Carborundum Co., 107 Ill. App.2d 12, 19-20 (1969); Sweeney v. Matthews, 94 Ill. App.2d 6, 14-16 (1968), aff'd. 46 Ill.2d 64 (1970).
II. Misuse Defense
Defendants assert error in the refusal of their tendered instruction which, in relevant part, directed the jury to find for defendants if "plaintiff failed to follow the instructions of his doctor as to the use and function of an intramedullary rod * * *."
• 3-5 The rule is that misuse is a valid defense to an action based upon strict liability. (Williams v. Brown Mfg. Co., 45 Ill.2d 418, 425 (1970).) There is also a rule that it is not error for a court to refuse an instruction when there is no evidentiary basis for that instruction. (Woods v. C., B. & Q.R.R. Co., 306 Ill. 217, 221 (1923); Darby v. Checker Co., 6 Ill. App.3d 188, 196 (1972); Elliston v. Hunsinger, 8 Ill. App.3d 1068, 1070 (1972).) In the present case, there was no evidence that the doctor ever spoke to plaintiff concerning the rod; his instructions merely directed the use of caution with respect to the degree of weight to be put on the leg, a caution which, evidence indicates, plaintiff heeded.
• 6 Having found no evidence in the record on which an instruction on misuse could have been based, it necessarily follows that there was no error in argument by plaintiff's counsel to the same effect.
III. Testing Methods
• 7, 8 Defendants attempted to introduce evidence to establish that each rod, before leaving the factory, was subjected to a test for defects. This evidence was refused by the trial court. Defendants assert that this evidence was particularly important in light of plaintiff's evidence that a similar test was used to detect cracks in the rod after its removal from plaintiff's leg.
Defendants cite cases from other jurisdictions which allow evidence of such testing methods but, under Illinois law, such evidence is not admissible in strict liability cases. (Cunningham v. MacNeal Memorial Hosp., 47 Ill.2d 443 (1970); Taylor v. Carborundum Co., supra, at pp. 25-26.) The rationale of those decisions is that evidence of such testing is probative of the degree of care exercised by the manufacturer, an appropriate issue in an ordinary negligence action, but irrelevant in an action based upon the theory of strict liability.
IV. Newspaper Accounts
Defendants complain that local newspaper articles evidenced prejudicial inaccuracies. In restating the testimony of plaintiff's two metallurgists, the news articles reported: the rod was inserted "to replace part of the femur," whereas it was merely supportive; that the experts testified to the rod having "snapped," that it was "too brittle," and "not of the quality necessary for replacing a large supportive structure," while these words were not used in testimony; and that "the dye penetrant test showed defects in the rod," whereas the test merely showed a crack, not other defects.
On the morning following publication of the articles, defendants brought them to the attention of the court and moved for a mistrial. The judge inquired whether any of the jurors had read the items; upon ascertaining that three had, and directing itself to those three, the court asked whether they could try the case solely on the evidence heard in the courtroom, absolutely disregarding the newspaper stories. All three jurors replied in the affirmative and the court admonished them in this manner:
"All right. We are in a situation where the Court is trying to protect the case, and I know you wouldn't try any case * * * based on what you read in any publication."
The trial then proceeded.
Defendants first contend the articles were so inherently prejudicial that a mistrial should have been declared whether or not the jury members admitted seeing them.
• 9, 10 It is primarily the duty of the trial court, in the exercise of its discretion, to determine whether publication of allegedly prejudicial statements has interfered with the right to a fair trial. The most important consideration in this determination is the character of the prejudicial material. (People v. Keegan, 52 Ill.2d 147, 155 (1971), cert. den., 406 U.S. 964, 32 L.Ed.2d 663, 92 S.Ct. 2408 (1972).) The present case is not one in which facts not in evidence were brought to the jury's attention through a newspaper article. Rather, these reports summarized facts already in evidence, and we are not persuaded that the accounts were grossly inaccurate. The descriptions of the rod as brittle, having snapped, and being of inadequate quality, were attempts to report the expert testimony in layman's terms. That the rod was incorrectly described as a bone replacement, and the dye penetrant test mistakenly identified as the means by which all defects were detected, did not prejudice defendants' case since, as noted by the trial court, a juror would be able to recognize the difference between a reporter's version of the facts and those presented in court. The court did not abuse its discretion in denying the motion for mistrial.
• 11 Defendants also contend that the trial court failed to conduct a meaningful examination of the jurors who had read the articles. As authority, defendants cite People v. Cain, 36 Ill.2d 589 (1967), where the Supreme Court, noting the unquestionably prejudicial nature of the newspaper accounts there involved, held that the trial court had not taken adequate steps to protect defendant's rights. In the instant case, unlike Cain, the interrogation of the jurors by the judge was fair. The court objectively questioned the jurors on whether they had been affected by the articles, did not attempt to elicit particular responses, admonished the jurors not to try the case based on anything read in publications, and properly instructed the jury to decide the case from evidence produced in open court. We find no abuse of discretion in the court's handling of this matter. See, People v. Malmenato, 14 Ill.2d 52, 63-65 (1958), cert. den., 358 U.S. 899, 3 L.Ed.2d 148, 79 S.Ct. 222 (1958); People v. Yocum, 122 Ill. App.2d 126, 134-136 (1970).
V. Statements by Plaintiff's Counsel in Closing Argument
Defendants first assert that plaintiff's attorney was allowed to convey to the jury the impression that it would not be deciding the case unless the court felt there was sufficient evidence to support plaintiff's position.
In closing argument, defendants' attorney stated that there was no evidence to support plaintiff's claim of rod defect. In rebuttal, plaintiff's counsel remarked, "If that were true, you wouldn't even be deciding the case." The defense objected, and the judge stated, "* * * the Court cannot comment on the evidence and the jury will have to determine what was said during the course of this trial and in the arguments."
• 12 Defendants bring to our attention decisions of other jurisdictions, disapproving a counsel's representation of the court's opinion to the jury, e.g., Sanchez v. Stremel, 95 Ariz. 392, 391 P.2d 557 (S.Ct.Ariz. 1964); Tucker v. Newth, 157 S.W.2d 1010 (Ct. of Civ. Apps. of Tex., 1941); McGowan v. Wells, 24 S.W.2d 633 (S.Ct. Mo., 1929). We do not reach the question of the appropriateness of the law cited, since we do not view the remark of plaintiff's attorney as being a representation of the court's opinion, but merely an assertion of disagreement with defendants' argument that there was no evidence of the existence of a defect. The court's response to the objection clearly stated that it held no opinion on the evidence. In the context of the complete arguments, we cannot conclude that the jury could in any way interpret the remarks of plaintiff's counsel as being reflective of the court's opinion of the evidence.
Defendants allege that plaintiff's attorney repeatedly misrepresented the burden of proof in a products liability action, pointing to three sections of argument wherein, they contend, counsel indicated plaintiff merely had to show that the rod broke and injury resulted.
• 13 Having reviewed the closing arguments, we find no merit in defendants' contention. From the context of the arguments, it was clear to the jury that plaintiff had the burden of proving both that the rod was defective at the time it left the manufacturer's control, and that the defect resulted in plaintiff's injury. The jury was correctly instructed as to the burden of proof and the proper elements necessary to establish an action for strict liability.
VI. Issue of Disability and Disfigurement
Defendants assert that evidence failed to establish that plaintiff's disability and disfigurement resulted from the break in the intramedullary rod rather than from the original femur fracture or its failure to heal properly. They argue error in the court's instruction to the jury that plaintiff could recover for disability and disfigurement, and in the court allowing plaintiff's attorney to argue this element of damages in his closing argument.
X-rays taken from the time following the first operation until the time just prior to the breaking of the rod, indicated that progressive healing of the fractured femur had taken place. Uncontradicted was plaintiff's testimony that, after the third operation, it was prescribed that the shoe for his left foot be built up approximately two inches, and that at no time prior to the breaking of the rod and the subsequent surgery was he required to wear a built-up shoe. Surgeons who performed the two operations subsequent to the breaking of the rod, testified that it was necessary to cut down or remove portions of the bone for the purpose of bone grafting. The surgeon who performed the last operation explained that he usually takes bone grafts from the same side he is repairing so as not to cripple both legs.
• 14 We hold that there was sufficient evidence from which the jury could infer that plaintiff suffered a two-inch shortening of his left leg as a result of bone grafting during the second and third operations and that these operations were necessitated by the breaking of the rod rather than by improper healing of the fractured femur. There is no question but that a two-inch shortening of the leg constitutes "disability and disfigurement." We conclude that it was not error to argue or to instruct on this point.
VII. Evidence of Domestic Circumstances
Defendants complain of two segments of plaintiff's testimony which related to his family.
On direct examination, plaintiff was asked if he were married at the time he returned home after the initial surgery. He answered affirmatively, and was then asked his wife's name, which he gave. The defense did not object. He was next asked how many children he had and, at that point, an objection was entered. The court asked if counsel wanted to be heard in chambers, but defense declined. The court then overruled the objection and plaintiff replied that he had three children.
• 15-17 The rule is that evidence of marriage and number of dependents is irrelevant in a suit for personal injuries. If there has been undue emphasis, if it appears the trial court abused its discretion, or if the jury has been affected by such evidence, reversal will result. (Payne v. Noles, 5 Ill. App.3d 433, 438 (1972); Walsh v. Dream Builders, Inc., 129 Ill. App.2d 280, 293 (1970); Brayfield v. Johnson, 62 Ill. App.2d 59, 64-65 (1965).) In the present case, there was no objection to plaintiff's testimony regarding the fact that he was married, and defendants are precluded from raising the issue on appeal. Although defendants did object to testimony regarding the number of plaintiff's children, they refused the court's invitation to be heard on the matter in chambers. This evidence was presented at an early stage of the trial when the court could not determine what relevancy it might have, yet the defense refused to explain its position. Under these circumstances, the court did not abuse its discretion in overruling the objection, and it cannot be said that the evidence was unduly emphasized so as to arouse the sympathies of the jury.
Defendants assert that certain testimony, elicited during direct examination of plaintiff, magnified the prejudice resulting from the evidence of his domestic circumstances.
• 18 In answer to his attorney's question regarding a certain incident, plaintiff began to answer, "My wife collapsed * * *" At that point, responding to defense's indicated request, the court directed counsel to be heard in chambers. Plaintiff's attorney explained that he wanted to show that plaintiff had remained helpless in his wheel chair although his wife had collapsed before him; that this information was for the purpose of establishing his client's credibility in light of certain implications, made during defense's cross-examination, that plaintiff had indiscriminately walked on his leg without supportive aid. Stating that the prejudicial impact of the testimony tended to outweigh its probative value, the court sustained the objection. No request was made to have the jury disregard the remark. Despite the court's sustained objection, it is argued that the utterance was of such a nature as to prejudice the jury. We find no merit to this claim.
VIII. Excessiveness of Verdict
It is contended that the amount of the verdict ($175,000) was the result of the jury's emotions sympathy for the plaintiff and prejudice against defendants. In support of this claim, defendants first compare the special damages proved (approximately $16,000) with the jury's award, and then argue that plaintiff's evidence as to pain and suffering was insufficient to sustain the difference. Because of their former contention, they do not include the element of disability or disfigurement resulting from the injury.
• 19, 20 The issue of damages is to be resolved by the jury and its determination will not be upset unless so excessive as to indicate it was influenced by passion or prejudice. (Lau v. West Towns Bus Co., 16 Ill.2d 442, 453 (1959).) The test of excessiveness, however, cannot be solely a comparison between the verdict and the special damages incurred; each verdict must be examined both with regard to the injury involved and with deference to the jury's discretion. Lau v. West Towns Bus Co., supra.
• 21 A review of the evidence herein shows that, at the time of trial, plaintiff was a thirty-four year old man who, as a result of the breaking of the intramedullary rod, incurred various medical expenses and loss of salary; that he was subjected to two additional operations on his injured leg with attendant pain; that he suffered permanent shortening of his leg resulting in disability and disfigurement. The jury could also consider the special effect which this disability might have on this particular plaintiff who, at some time prior, had lost an arm. (See, Noncek v. Ram Tool Corp., 129 Ill. App.2d 320, 331 (1970); Parnham v. Carl W. Linder Co., 36 Ill. App.2d 224, 236 (1962).) Having reviewed the record, we are not prepared to say that the verdict was excessive. See, Lau v. West Town Bus Co., supra; Fortner v. McDermott, 1 Ill. App.3d 358, 368-370 (1971); Stephenson v. Air Products & Chemicals, Inc., 114 Ill. App.2d 124, 138 (1969); Blyzes v. Midwest Towing Co., Inc., 109 Ill. App.2d 48, 55-56 (1969).
Due to the conclusions already reached, we find it unnecessary to respond to defendants' last assigned error.
For the reasons stated herein, the judgment of the trial court is affirmed.
Judgment affirmed.
GUILD, P.J., and SWANSON, J., concur.
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A Lover's Guide to bliss! 5 essential skills!
A Lover's Guide to bliss! 5 essential skills!
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The next iPad could have a 12.9-inch display
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I have the world's ugliest fireplace. Actually, I had the world's ugliest fireplace. It was a 10 foot by six foot monstrosity with irregularly shaped bricks that were varying shades of gray and brown. Sounds disgusting, right? It was. After weeks of watching DIY network and HGTV shows and 20 years of living in the house with the ugliest fireplace, I finally decided to paint it this past weekend. I did and I realized that painting bricks has a lot in common with surviving and thriving in business today.
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March 24, 1998
OMNIPOINT COMMUNICATIONS, INC.; WILLIAM MCCOMMON; DEBRA MCCOMMON, Plaintiffs
ZONING HEARING BD. OF EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania; RICHARD ERNEST, in his capacity as zoning officer for East Pennsboro Township; HENRY E. COYNE, in his capacity as Solicitor for East Pennsboro Township, Defendants.
Plaintiffs, Omnipoint Communications, Inc. ("Omnipoint") and William and Debra McCommon, brought this action under the Telecommunications Act of 1996, 47 U.S.C. § 332, against Defendants, the Zoning Hearing Board of East Pennsboro Township (the "Zoning Hearing Board" or the "Board") and Richard Ernest, Zoning Officer for East Pennsboro Township. Before us is Defendants' motion to dismiss.
I. Background
Omnipoint is a licensed provider of personal wireless communications services. On March 14, 1997, Plaintiffs applied to East Pennsboro Township (the "Township") for a building permit to install a 100 foot high telecommunications monopole on land owned by the McCommons and leased by Omnipoint. The McCommons' property is in an R-1 (Residential) zoning district. Ernest issued Plaintiffs a building permit on March 25, 1997.
On June 9, 1997, the Township solicitor wrote to the McCommons to advise them that a telecommunications tower was not a permitted use in an R-1 district, and directing them to stop work on the tower and apply to the East Pennsboro Planning Commission (the "Planning Commission") if they desired a building permit.
Omnipoint appealed this revocation of the building permit to the Zoning Hearing Board on June 23, 1997. The Board denied Omnipoint's appeal on August 21, 1997, and issued a written decision confirming the denial on September 18, 1997. (See Compl. Ex. A). The Board found that the Township's zoning ordinance did not specifically permit telecommunications towers in R-1 districts, and therefore concluded that Omnipoint's building permit had been issued in error, and, under the ordinance, Omnipoint would have to obtain the approval of the Planning Commission before being issued a permit.
The Township had previously issued building permits to Vanguard Cellular Systems, Inc. ("Vanguard") to build two communications towers in R-1 zoning districts in 1994 and 1996.
Plaintiffs brought this action on October 17, 1997, seeking injunctive relief and a writ of mandamus. Plaintiffs raise a cause of action under Section 332(c) of the Telecommunications Act, 47 U.S.C. § 332(c), as well as a pendant common law claim asserting a vested right in the building permit. Defendants have moved for dismissal, arguing that Plaintiffs' claims are not ripe, and that Plaintiffs have failed to state a claim upon which relief can be granted.
II. Standard of Review
When considering a motion to dismiss under Rule 12(b), "all facts alleged in the complaint and all reasonable inferences that can be drawn from them must be accepted as true." Malia v. General Elec. Co., 23 F.3d 828, 830 (3d Cir. 1994). The motion must be denied unless the plaintiff cannot prove any facts in support of the claim which would entitle it to relief. Rocks v. Philadelphia, 868 F.2d 644, 645 (3d Cir. 1989).
III. Discussion
A. Failure to State a Claim under 47 U.S.C. § 332(c)
In Section 332(c), the Telecommunications Act grants certain protections to providers of mobile telecommunications services in their relations with local government. Plaintiffs allege that Defendants' conduct violates the Act's prohibition against unreasonable discrimination among providers of functionally equivalent services, 47 U.S.C. § 332(c)(7)(B)(i)(I).
The Act creates a cause of action in favor of:
Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph. . . .
47 U.S.C. § 332(c)(7)(B)(v). Defendants contend that Plaintiff have failed to state a claim under this section.
1. "Final Action"
Defendants argue that Plaintiffs have no cause of action under the Act, since there has been no "final action" by the Township. Defendants reason that the Zoning Hearing Board did not conclude that Omnipoint could not build the monopole, but merely ruled that Omnipoint must take its request to the Planning Commission. As Plaintiffs never applied to the Planning Commission, the Township has never had an opportunity to definitively decide the matter, and there has been no "final action."
Plaintiffs do not dispute Defendants' contention that the Township, as a governmental entity, has not taken "final action" with regard to the monopole. Plaintiffs argue instead that their suit is predicated upon the "final action" of the Zoning Hearing Board, which is an "instrumentality" of local government.
Under the plain language of Section 332(c)(7)(B)(v), final action by the Zoning Hearing Board, as an "instrumentality" of local government, qualifies as "final action" which can give rise to a claim under the Act. The fact that the Township, as a municipality, has not taken final action will not effect the application of Section 332's "final action" requirement.
2. Final Action Inconsistent with Subparagraph 332(c)(7)(B)
We must next consider, however, whether the final action of the Zoning Hearing Board gives rise to a cause of action. Section 332(c)(7)(B)(v) creates a cause of action only when the final action in question is inconsistent with the statute. For Plaintiffs to state a claim under Section 332(c)(7)(B), therefore, they must plead some violation of that subparagraph.
Plaintiffs contend that by permitting Vanguard to place monopoles in R-1 districts, but revoking Plaintiffs' permit, Defendants have violated Section 332(c)(7)(B)(i)(I) of the Act, which prohibits unreasonable discrimination among service providers. That provision states that, in regulating the placement of mobile communications facilities, State and local government may not "unreasonably discriminate among providers of functionally equivalent services. . . ." 47 U.S.C. § 332(c)(7)(B)(i)(I).
Plaintiffs' argument runs afoul of their decision to sue the Zoning Hearing Board, rather than pursue their remedy before the Planning Commission. If this case concerned a final action by the Township, rather than the Zoning Hearing Board, then Plaintiffs would have stated a claim for a violation of Section 332(c)(7)(B)(i)(I), as the Township revoked Plaintiffs' building permit, but allowed Vanguard to build and maintain functionally equivalent monopoles.
Plaintiffs, however, are challenging final action by the Zoning Hearing Board. Plaintiffs have not alleged that the Zoning Hearing Board is responsible for permitting Vanguard's monopoles, while prohibiting Omnipoint's. Defendants contend, and Plaintiffs have not refuted, that the Zoning Hearing Board has not discriminated between Vanguard and Omnipoint, because the Zoning Hearing Board has not had an opportunity to pass on the permissibility of Vanguard's monopoles. The Board becomes involved in zoning disputes only when a party with standing raises an appropriate matter before it. See 53 Pa. Stat. Ann. §§ 10909.1(a); 10910.2; 10912.1. The Board, as a quasi-judicial administrative body, lacks the power to affirmatively enforce the Township's ordinances. See In re Leopardi, 516 Pa. 115, 119-21, 532 A.2d 311, 313-14 (1987); Borough of Blawnox Council v. Olszewski, 505 Pa. 176, 186, 477 A.2d 1322, 1327 (1984).
The Zoning Hearing Board expressly concluded that its decision applies equally to all cellular phone towers. (Compl. Ex. A, at 23, 30). It is evident from its language that the ruling would apply to Vanguard's towers as well as Omnipoint's. If the Township has failed to uniformly enforce its zoning ordinances by not requiring Vanguard to apply to the Planning Commission in the same manner as Omnipoint, this discrimination is chargeable to the Township, not to the Zoning Hearing Board. Cf. Leopardi, 516 Pa. at 119-21, 532 A.2d at 313-14; Borough of Blawnox Council v. Olszewski, 505 Pa. 176, 186, 477 A.2d 1322, 1327 (1984). As Plaintiffs implicitly acknowledge in the their brief, it is the Township, and not the Zoning Hearing Board, which has revoked Omnipoint's building permit but has not required Vanguard to apply to the Planning Commission for a permit. (See Pl. Brief at 7). The final action of the Zoning Hearing Board does not violate the Telecommunications Act; Plaintiffs have not stated a claim upon which relief can be granted.
B. Ripeness
Even if Defendants' conduct satisfied the requirements of Section 332(c)(7)(2)(v), we would be compelled to decline to exercise jurisdiction under the ripeness doctrine.
Ripeness doctrine implicates both constitutional and prudential considerations. See Taylor Inv., Ltd. v. Upper Darby Township, 983 F.2d 1285, 1289-90 (3d Cir. 1993); Bayou des Familles Dev. Corp. v. United States, 130 F.3d 1034, 1037 (Fed. Cir. 1997); see also Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725, 117 S. Ct. 1659, 1664-67, 137 L. Ed. 2d 980 (1997) (invoking only prudential ripeness, but discussing prior cases without distinguishing basis of ripeness analysis in each). For purposes of our discussion in this case, we will treat prudential and constitutional ripeness as coextensive.
In the context of land use cases, a landowner's claim challenging the actions of local land planning authorities is not ripe until those authorities have had an opportunity to render a final decision on the dispute. Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172, 193, 105 S. Ct. 3108, 3120, 87 L. Ed. 2d 126 (1985); Acierno v. Mitchell, 6 F.3d 970, 974 (3d Cir. 1993); Taylor Inv., 983 F.2d at 1290.
This finality rule recognizes that, with respect to zoning disputes, a property owner suffers no mature constitutional injury until the zoning authority defines the application of the zoning ordinance and defines the harm to the owner. The finality rule also prevents the premature adjudication of zoning disputes. . . . Zoning is a delicate area where a county's power should not be usurped without giving the county an opportunity to consider concrete facts on the merits prior to a court suit.
Id. at 1291 (citations and internal quotation marks omitted). Judicial deference to the role of local land use authorities is an essential element of the ripeness doctrine in this field; as the Supreme Court recently explained, ripeness review:
responds to the high degree of discretion characteristically possessed by land use boards in softening the strictures of the general regulations they administer. As the Court said in [ MacDonald, Sommer & Frates v. Yolo County, 477 U.S. 340, 106 S. Ct. 2561, 91 L. Ed. 2d 285 (1986)], "local agencies charged with administering regulations governing property development are singularly flexible institutions; what they take with the one hand they may give back with the other." Id. at 350, 106 S. Ct. at 2566.
Suitum, 117 S. Ct. at 1667.
Plaintiffs' claims are quite plainly unripe. While Plaintiffs have exhausted their remedies before the Zoning Hearing Board, they have made no attempt to obtain a final decision from the Township entity empowered to consider their request: the Planning Commission. Until Plaintiffs have exhausted their options under the Township's land use procedures, their claim will not be ripe for adjudication. See Acierno, 6 F.3d at 977; Williamson County, 473 U.S. at 193, 105 S. Ct. at 3120.
This circumstance presents a classic example of an unripe land use claim. The Zoning Hearing Board concluded that the Township's zoning ordinance does not provide for telecommunications towers in R-1 districts. Under the ordinance, the matter must therefore be taken up by the Planning Commission. (See Compl. Ex. A, at 4, P 14 (quoting East Pennsboro Township Zoning Ordinance)). Until Plaintiffs take the matter before the Planning Commission, the relevant local zoning authorities will not have had an opportunity to define the application of the ordinance in this case. We must decline to exercise jurisdiction over an unripe dispute of this sort. See Taylor, 983 F.2d at 1291.
This outcome is also consistent with the Congressional intent underlying the Telecommunications Act of 1996. While Section 332(c) protects service providers from unfair treatment by local government, it also explicitly preserves the traditional authority of local officials over land use decisions. 47 U.S.C. § 332(c)(7)(A) ("Except as provided in this paragraph, nothing in this chapter shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities."). The purpose of the Act is to ensure fair treatment, without unduly intruding upon the authority of local government over land use matters. See H.R. Conf. Rep. No. 104-458, at 208 (1996).
Plaintiffs' attempt to seek redress in this Court under the Act without first giving local land use authorities an opportunity to resolve the matter runs directly counter to the Act's stated desire to preserve traditional land use structures. We will not exercise jurisdiction under these circumstances.
We will issue an appropriate order.
William W. Caldwell
United States District Judge
Date: March 24, 1998
AND NOW, this 24th day of March, 1998, upon consideration of Defendants' motion to dismiss, filed January 9, 1998 (Doc. No. 8), it is Ordered that the motion is granted. The complaint is dismissed. The Clerk of Court shall close the file.
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Hey RNR fans! Follow us at @MatthewandGun for all our news. We'll stop posting here soon & only post on there. Follow us now!(about 635 days ago)
Thanks to everyone that came out to the Potawatomi Casino last night! We had a blast! Tonight is out last night so come down and join us!(about 640 days ago)
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Obamacare Heads to Finish Line With Glitches
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Midnight Deadline Looms for Obamacare Enrollment
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Sci fi/Fantasy image byAngela Cooke
This is (yet another) character sketch. This is Ember Leo...commonly known as ME. She's a healer, and a bard, and when she needs to be, an undead hunter. There's enough babble about this character elsewhere on the net... Pencil, colored in Dabbler2.
Published More than a year ago
Category Horror
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Nursing Homes in Blount County
Caring.com offers a free service to help families find senior care. We have thousands of reviews for Nursing Homes including 13 reviews for Blount County Nursing Homes providers. Please explore the information on this page to get contact information and learn about options, amenities, and events.
Stats for
Blount County
5 Nursing Homes
Avg. Cost:
Currently unavailable
(800) 973-1540 Contact us - (800) 973-1540
Request free brochures, read reviews, and get detailed cost information
Asbury Place at Maryville
Maryville, TN 37804
Blount Memorial Trans Care Center
Maryville, TN 37804
Kindred Transitional Care and Rehabil...
Maryville, TN 37803
Kindred Nursing and Rehabilitation - ...
Maryville, TN 37804
Shannondale of Maryville Health Care ...
Maryville, TN 37803
More Information About Nursing Homes
Is There a Time Limit on Making a Revocable Trust Before Entering a Nursing Home?
Question: Is there a time limit on making a revocable trust before someone has to enter a nursing home? Valuable information before researching nursing homes.
3 Ways to Help You Pay for Long-Term Nursing Home Care
Article: Wondering whether you can afford nursing homes? Explore these options for paying for nursing home care for your loved one.
What Health Issues Qualify Someone for Medicaid Nursing Home Benefits?
Question: Read expert advice about what medicare looks at for costs at nursing homes.
Business owner? Claim your Caring.com Listing


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Product Details
Item# : EV1055 No Longer Available
Baby Shower Favors
Practical Favors
Wedding Favors
For centuries, the delicate scent of sandalwood has captured the imagination. In India, temples have been constructed entirely of this rare, fragrant wood, and have emitted their graceful fragrance for hundreds of years. Imagine hosting your wedding in the midst of such splendor, surrounded by sandalwood's heavenly aroma! You may not be able to fly all of your wedding guests off to a remote Indian temple, but these gorgeously-scented sandalwood fans will bring the grandeur of exotic far-off places right to your guests' very tables. The intricate carving of each oriental fan makes them a captivating decorative piece as well as a way to keep guests cool during your event. Perfect as wedding favors and bridal shower favors, these wedding fans add a touch of faraway enchantment to any special event. Your guests will truly feel transported! Fans have come with WHITE tassels.Shipping Info
Non Personalized orders leave our location within 2 Business days and arrive 2 -5 Business days later. Personalized/engraved items please add another 3 -5 days.
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will be provided during checkout after entering your shipping address and before entering your credit card info. A summary of the total order will be displayed before it is processed


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Revised Criteria for Sending Pvt. Posts and Chat Requests
3 Answers
Sep 25 2012 (5:53PM)
Entry# 1292
Soumitra Chawathe*^~
Revised Criteria for Sending Pvt. Posts and Chat Requests
Sep 25 2012 (5:48PM)
Blog Post# 534997-3
Kartik Shenoy*^ Added by: Soumitra Chawathe*^~ Sep 25 2012 (5:54PM)
U hav to hav Thanks + Useful + Great + Agree > 50 Then onli u can create e chains
Sep 25 2012 (5:49PM)
Blog Post# 534997-5
Hercule Poirot* Added by: Soumitra Chawathe*^~ Sep 25 2012 (5:55PM)
you need to have Opinion count Thanks+Great+Useful+Agree>= 50 to enable you to create chains..
Sep 02 2012 (4:50PM)
Blog Post# 518393-4
Soumitra Chawathe*^~ Added by: Soumitra Chawathe*^~ Sep 25 2012 (5:53PM)
Yes, that is an Admin Forum post. Here are the details in brief.
Hereafter, only reputed members - with a total Thanks + Agree + Useful + Great > 50 - will be able to send Chat & Pvt Messages. Other members will only be able to Reply to pvt messages. They will not be able to initiate pvt. messages or chat request. This will act as a further deterrent to trolls and spammers.


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Good Riddance - Peace In Our Time (2015)
- 24-04-2015, 19:20
- Music | Rock | Alternative | Punk | FLAC / APE
Artist: Good Riddance
Title Of Album: Peace In Our Time
Year Of Release: 2015
Label: Fat Wreck Chords
Genre: Punk Rock, Melodic Hardcore
Quality: FLAC
Total Time: 26:52 min
Total Size: 199 MB
WebSite: amazon
01. Disputatio
02. Contrition
03. Take It to Heart
04. Half Measures
05. Grace and Virtue
06. No Greater Fight
07. Dry Season
08. Teachable Moments
09. Washed Away
10. Our Better Nature
11. Shiloh
12. Running on Fumes
13. Year Zero
14. Glory Glory
Peace In Our Time hits all the high notes of Good Riddance's résumé. The same classic lineup responsible for A Comprehensive Guide to Moderne Rebellion, Ballads from the Revolution, and Operation Phoenix are back at the helm for Peace In Our Time.
- Tired of advertising and pop-ups? Join Now on IsraBox
Register on IsraBox allows you to access to the full resources. You can see torrent links, leave your comments, see hidden text, minimum advertising (no pop-ups), ask for supports and much more.
- 0 voted


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The Bureau of Alcohol, Tobacco, Firearms, & Explosives should be an amazing weekend, not a government agency.
Printed on super soft American Apparel ladies crewneck t-shirts.
• Fine jersey
• Form-fitting
• Double stitched
• Made in the USA, sweatshop free
The shirt we literally had to sue the NSA in Federal Court over to be able to sell. The NSA, the only part of government that actually listens. This simple...
"I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical." - Thomas Jefferson in...
F Society hooded sweatshirts from hit show Mr. Robot. Ships factory direct from Los Angeles. 100% cotton jersey Lightweight, 30 singles ring spun cotton Pre-shrunk Ladies size down one for...
Obama can't ban these guns tank tops. Show off your right to bear arms.True to size, 100% jersey ringspun cotton. Made in the USA. From the classic American Apparel 2408 Fine...


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The ultimate cozy wrap for lounging around the house or bundling up outside. Made of an ultrasoft Alpaca wool blend by Skin.
89% alpaca wool, 11% polyamide
What better way to combat cold weather than to snuggle yourself up in this lovely Eberjey robe! The reversible modal jersey/sherpa fleece fabrics are incredibly soft and warm, without being heavy or dowdy. We like to think of it as being wrapped up in cuddly teddy bear material—comforting, cozy, you'll find you want to live in it day and night. Also features a fabric belt as well as inside belt loops and pockets.


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Meet you at "The Bromley Market"
A food lover's market located near Bromley Mountain on Rt 11,
The Bromley Market has it all
Pizza, Subs, Salads and Sandwiches Menu | Takeout and Catering Menu
Start your day with our fresh hot coffee and a great breakfast sandwich, missed breakfast?
Then its off to our famous and and cold specialty lunch sandwiches and more!
New – Wood fired PIZZA!!!!!