text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, S.D. Illinois
October 10, 2014
JAVIER LUNA, #M04122, Plaintiff,v.DR. SHEPPARD, DR. WAHL, DR. SHUTE, MARSHA HILL, NURSE LAND, and NURSE MARSH, Defendants.
NANCY J. ROSENSTENGEL, District Judge.
Now pending before the Court is a motion for summary judgment filed by Defendants Dr. John Shepherd, Dr. Jill Wahl, Dr. Richard Shute, Nurse Mary Beth Lane, and Nurse Marsha Hill on January 21, 2014 (Doc. 81).[1] For the reasons set forth below, the motion is granted.
Plaintiff, Javier Luna, an inmate at Pinckneyville Correctional Center, filed suit on September 29, 2011, pursuant to 42 U.S.C. § 1983, concerning medical care he received from Defendants beginning in October 2009. In particular, Plaintiff alleges that Defendants were deliberately indifferent to his acid reflux disease and two hernias located in his esophagus and stomach, which caused great pain, interrupted sleep, and rendered him unable to engage in recreational activities. Defendants moved for summary judgment on January 21, 2014 (Doc. 81). Plaintiff, through counsel, responded on April 25, 2014 (Doc. 87), and Defendants filed a timely reply (Doc. 88).
The undisputed evidence reveals that Plaintiff began suffering from gastroesophageal reflux disease ("GERD"), [2] antral diverticulum, [3] and a hiatal hernia[4] in September 2009 (Defendants' Statement of Undisputed Facts ("DSUF") ¶ 9). These conditions caused difficulty breathing and swallowing food (DSUF ¶ 10).
Plaintiff first saw Defendant Marsha Hill, a nurse, on October 13, 2009 (DSUF ¶ 11).[5] During that visit, Plaintiff was prescribed 30 Maalox tabs, told to continue taking Alkalak, and directed to maintain a liquid diet for twenty four hours (DSUF ¶ 11). Plaintiff was next seen by Nurse Hill on March 25, 2010, and she noted that he was taking Prilosec; Nurse Hill gave him Maalox to take with meals and again instructed him to maintain a liquid diet for twenty four hours (DSUF ¶ 12). Nurse Hill's next encounter with Plaintiff was on April 8, 2010, when she attempted to see Plaintiff, but he refused the sick call (DSUF ¶ 13).
Plaintiff was first seen by Defendant Jill Wahl, a physician, on June 1, 2010. Dr. Wahl examined Plaintiff (he complained of breathing difficulty and a sore throat), noted that he was taking Prilosec for GERD, and prescribed an antihistamine for his respiratory issues (DSUF ¶ 15). Dr. Wahl again saw Plaintiff on July 8, 2010. At that time, Plaintiff indicated that (1) he had lost ten pounds in the last year, (2) he continued to have abdominal pain even though he was taking Prilosec, (3) he only experienced temporary relief when he took Pepto-Bismol, and (4) he felt like food was getting stuck in his throat (DSUF ¶ 16). Dr. Wahl prescribed Mylanta and sought a GI consult ( Id. ). Upon discussing Plaintiff's condition with other physicians, which Defendants term "Collegial Review, " it was determined that an Esophagogastroduodenoscopy (EGD) would be performed on Plaintiff (DSUF ¶ 17-18). Upon seeing Plaintiff again on August 5, 2010, Dr. Wahl prescribed Prilosec and Zantac because Plaintiff reported that it was "his best regimen of medication" (DSUF ¶ 20).
The EGD was performed on August 19, 2010, by Dr. Thomas of Touchette/Kenneth Hall Regional Hospital. This test revealed that Plaintiff had "distal nonerosive esophagitis, inflammation of the esophagus, a hiatal hernia and antral diverticulum" (DSUF ¶ 21). As a result, Dr. Wahl "ordered a comprehensive metabolic panel and requested motility testing" ( Id. ).[6] Another Collegial Review was performed on August 23, 2010, in which it was determined that increasing Plaintiff's Prilosec dose, as suggested by Dr. Thomas, would not be beneficial because Plaintiff had been prescribed the same from May 2010 to August 2010 without success; the Collegial Review also determined that Plaintiff should be prescribed Reglan, which would be prescribed if a motility study was done and "was positive for delayed transit" (DSUF ¶ 22).
Plaintiff first saw Defendant Mary Beth Lane, a nurse, on August 26, 2010. During this visit, Plaintiff complained of his stomach feeling full (DSUF ¶ 24). Nurse Lane examined him and found that his abdomen was not distended. Plaintiff denied constipation. Nurse Lane told Plaintiff to increase his fluid intake and follow up with the healthcare unit as needed ( Id. ).
On September 2, 2010, Dr. Wahl prescribed Reglan, as agreed upon at the Collegial Review on August 23, 2010, and told Plaintiff to eat small, frequent meals (DSUF ¶ 25). A few weeks later, on September 18, 2010, Plaintiff was again seen by Nurse Hill in conjunction with Dr. Fahim (who is not a party to this suit), and an x-ray was ordered to rule out kidney stones (DSUF ¶ 26). The x-ray was conducted on September 21, 2010, and revealed no significant findings (DSUF ¶ 27).
Plaintiff first saw Dr. John Shepherd, a physician, on October 31, 2010. At that time, Plaintiff complained of lower abdominal pain, especially during urination (DSUF ¶ 29). Dr. Shepherd examined Plaintiff, reviewed his EGD, and found no urinary abnormalities. He prescribed Prilosec and ordered a urinalysis (which was negative) ( Id. ). Dr. Shepherd saw Plaintiff again on November 1, 2010, with the same complaints along with excessive gas; Dr. Shepherd prescribed antibiotics and Mylicon-80 to relieve excessive gas (DSUF ¶ 30). Plaintiff last saw Dr. Shepherd on November 19, 2010. At that visit, Plaintiff complained of excessive gas and abdominal pain, but said his symptoms had improved. Dr. Shepherd continued Plaintiff's Prilosec prescription (DSUF ¶ 31).
Plaintiff then began seeing Defendant Richard Shute, also a physician, beginning on December 8, 2010. Plaintiff reported that Prilosec was not providing relief, and Dr. Shute discontinued that medication in favor of Reglan (DSUF ¶ 32). Next, Plaintiff saw Nurse Hill on March 26, 2011; he was instructed on a proper diet and directed to drink plenty of fluids and to take antacid tablets. When Plaintiff again was seen by Nurse Hill on March 28, 2011, she referred him to a doctor to evaluate his symptoms (DSUF ¶ 34-35). Dr. Shute accordingly saw Plaintiff on March 29, 2011; Dr. Shute discontinued Reglan and prescribed Pepcid (DSUF ¶ 36).
The last defendant to see Plaintiff was Nurse Hill, on April 11, 2011, and June 7, 2013. She referred him to a doctor and saw him in conjunction with Dr. Shah (who is not a defendant in this lawsuit). There is no evidence in the record that any doctor, to the present day, has performed surgery to alleviate Plaintiff's symptoms.
In summary, the evidence reveals that Plaintiff began suffering from gastrointestinal conditions beginning in September 2009. His condition caused trouble breathing and swallowing, weight loss (twenty pounds from September 2009 to July 2010), and stomach pain (Javier Luna Deposition, Doc. 87-4, p. 23). While he saw a nurse for his condition initially, he did not see a doctor until June 1, 2010. His encounters with Defendants in this matter occurred on October 13, 2009 (Nurse Hill), March 25, 2010 (Nurse Hill), April 8, 2010 (Nurse Hill), June 1, 2010 (Dr. Wahl), July 8, 2010 (Dr. Wahl), August 5, 2010 (Dr. Wahl), August 26, 2010 (Nurse Lane), September 2, 2010 (Dr. Wahl), September 18, 2010 (Nurse Hill along with Dr. Fahim), October 31, 2010 (Dr. Shepherd), November 1, 2010 (Dr. Shepherd), November 19, 2010 (Dr. Shepherd), December 8, 2010 (Dr. Shute), March 26, 2011 (Nurse Hill), March 28, 2011 (Nurse Hill), March 29, 2011 (Dr. Shute), April 11, 2011 (Nurse Hill), and June 7, 2013 (Nurse Hill along with Dr. Shah). He was prescribed Alkalak, Maalox, Prilosec, Mylanta, Zantac, Pepcid, and Reglan from his initial complaint in September 2009 to March 2011, a period of nineteen months. Plaintiff also underwent an EGD on August 19, 2010, and an x-ray on September 21, 2010. He was counseled on proper diet and fluid intake and referred to doctors by Nurse Hill on March 28, 2011, and April 11, 2011. Plaintiff testified that none of the medications worked from more than a couple of hours and that no medications provided him the relief that he was seeking (Luna Dep. p. 32).
In addition, Plaintiff testified that each of the doctors, Defendants Shepherd, Shute, and Wahl, told him that if medications did not work, they would refer him for surgery (Luna Dep. pp. 60-61). But nothing in the medical record or the doctors' depositions suggests that Plaintiff was referred for surgery for his condition.
Summary judgment is proper only if the moving party can demonstrate "that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law." FEDERAL RULE OF CIVIL PROCEDURE 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). See also Ruffin-Thompkins v. Experian Information Solutions, Inc., 422 F.3d 603, 607 (7th Cir. 2005); Black Agents & Brokers Agency, Inc. v. Near North Ins. Brokerage, Inc., 409 F.3d 833, 836 (7th Cir. 2005). The moving party bears the burden of establishing that no material facts are in genuine dispute; any doubt as to the existence of a genuine issue must be resolved against the moving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 160 (1970). See also Lawrence v. Kenosha County, 391 F.3d 837, 841 (7th Cir. 2004). A moving party is entitled to judgment as a matter of law where the non-moving party "has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof." Celotex, 477 U.S. at 323. "[A] complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Id. The Seventh Circuit has stated that summary judgment is "the put up or shut up moment in a lawsuit, when a party must show what evidence it has that would convince a trier of fact to accept its version of the events." Steen v. Myers, 486 F.3d 1017, 1022 (7th Cir. 2007) (quoting Hammel v. Eau Galle Cheese Factory, 407 F.3d 852, 859 (7th Cir. 2005) (other citations omitted)).
The Supreme Court has recognized that "deliberate indifference to serious medical needs of prisoners" may constitute cruel and unusual punishment under the Eighth Amendment. Estelle v. Gamble, 429 U.S. 97, 104 (1976). In order to prevail on such a claim, a plaintiff must first show that his condition was "objectively, sufficiently serious" and that the "prison officials acted with a sufficiently culpable state of mind." Greeno v. Daley, 414 F.3d 645, 652-653 (7th Cir. 2005) (citations and quotation marks omitted).
The following circumstances could constitute a serious medical need: "The existence of an injury that a reasonable doctor or patient would find important and worthy of comment or treatment; the presence of a medical condition that significantly affects an individual's daily activities; or the existence of chronic and substantial pain." Hayes v. Snyder, 546 F.3d 516, 522-23 (7th Cir. 2008) (quoting Gutierrez v. Peters, 111 F.3d 1364, 1373 (7th Cir. 1997)). See also Foelker v. Outagamie County, 394 F.3d 510, 512-513 (7th Cir. 2005) ("A serious medical need is one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention.").
As for the requisite state of mind, a prisoner must show that prison officials acted with deliberate indifference. "Deliberate indifference to serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain.'" Estelle, 429 U.S. at 104 (quoting Gregg v. Georgia, 428 U.S. 153, 173 (1976)). "The infliction of suffering on prisoners can be found to violate the Eighth Amendment only if that infliction is either deliberate, or reckless in the criminal law sense." Duckworth v. Franzen, 780 F.2d 645, 652-53 (7th Cir. 1985). Negligence, gross negligence, or even "recklessness" as that term is used in tort cases, is not enough. Id. at 653; Shockley v. Jones, 823 F.2d 1068, 1072 (7th Cir. 1987). Put another way, Plaintiff must demonstrate that the officials were "aware of facts from which the inference could be drawn that a substantial risk of serious harm exists" and that the officials actually drew that inference. Greeno, 414 F.3d at 653.
"Whether a prison official had the requisite knowledge of a substantial risk is a question of fact subject to demonstration in the usual ways, including inference from circumstantial evidence, ... and a fact finder may conclude that a prison official knew of a substantial risk from the very fact that the risk was obvious." Farmer v. Brennan, 511 U.S. 825, 842 (1994) (citations omitted). A plaintiff does not have to prove that his complaints of pain were "literally ignored, " but only that "the defendants' responses to it were so plainly inappropriate as to permit the inference that the defendants intentionally or recklessly disregarded his needs." Hayes, 546 F.3d at 524 (quoting Sherrod v. Lingle, 223 F.3d 605, 611 (7th Cir. 2000)). "Even if the defendant recognizes the substantial risk, he is free from liability if he responded reasonably to the risk, even if the harm ultimately was not averted.'" Gayton v. McCoy, 593 F.3d 610, 620 (7th Cir. 2010) (quoting Farmer, 511 U.S. at 843).
Plaintiff's GERD, hernias, and antral diverticulum were of sufficient seriousness to warrant (and receive) treatment and testing by Defendant medical providers over the course of many months. Plaintiff testified that his conditions caused pain, made him lose weight, and caused trouble breathing and swallowing. In light of this testimony, Defendants' argument that "Plaintiff's acid-related stomach conditions are not mandating treatment [sic] or so obvious that a lay person would easily recognize the necessity for a doctor's attention" is puzzling (Doc. 82, p. 12). It would be odd and illogical for Defendants to actually treat Plaintiff, for a significant period of time, if indeed he had no condition that required treatment. Accordingly, the Court finds that Plaintiff had (and has) a serious medical condition.
Plaintiff argues that Defendants exhibited deliberate indifference to his condition by merely rotating prescriptions of medicine (that provided no relief), pursuing a course of conservative treatment that was not working, and failing to schedule Plaintiff for surgery. According to Plaintiff, the lack of continuity of medical providers and the failure to provide prescribed medications contributed to the lack of effectual treatment for his condition. Plaintiff urges the Court to consider the claims against each of the individual Defendants together and find that whether Defendants, as a whole, were deliberately indifferent to Plaintiff's medical needs is a question that should be left to a jury. Notwithstanding these arguments, the Court finds that there are no material facts in dispute, and Defendants are entitled to judgment as a matter of law.
The evidence reveals that Plaintiff sought, and was regularly given, medical care to address his gastrointestinal problems. The fact that the care he received did not entirely resolve his issues, or was not the type of care that he wanted, cannot support an Eighth Amendment claim. Gutierrez, 111 F.3d at 1374 ("medical malpractice in the form of an incorrect diagnosis or improper treatment does not state an Eighth Amendment claim"). Plaintiff was examined and prescribed various and different medications in order to alleviate his symptoms. There is no showing that these medications would be inappropriate for Plaintiff's medical condition or that attempting to find the correct combination of medications to alleviate Plaintiff's symptoms was inappropriate. There is also no showing that any Defendant prevented Plaintiff from acquiring the medications prescribed. After some medications were not working as well as the medical providers expected, he was given further diagnostic tests, the EGD, and an x-ray. These tests were unremarkable and, in lieu of the recommended motility testing suggested by Dr. Thomas, Dr. Wahl prescribed the very medication, Reglan, that would have been prescribed had the motility test been performed. Plaintiff then was placed on different medications (that he indicated were helpful) in order to alleviate his symptoms. Over the course of the nineteen months relevant to this suit, Plaintiff was examined or seen by a Defendant seventeen times and evaluated by three separate doctors. Significantly, there is no showing that any other medical provider, including Dr. Fahim and, later, Dr. Shah, have suggested different types of treatment or even surgery. This level of medical care does not exhibit deliberate indifference.[7]
Plaintiff's main sticking point is that after the medication proved to be ineffective, he should have undergone surgery to alleviate his symptoms. Plaintiff indicated in his deposition that each of the defendant doctors told him that if the medications would not work, they would recommend surgery. Yet none of the defendant doctors themselves indicated that they would have suggested surgery, [8] and it is unclear what type of surgery Plaintiff expected. In any event, the fact that Plaintiff did not get the treatment of choice cannot form the basis of an Eighth Amendment claim. And, there has been no showing that "defendants' responses [to his medical condition] were so plainly inappropriate as to permit the inference that the defendants intentionally or recklessly disregarded his needs." Hayes, 546 F.3d at 524. Plaintiff presented with GERD, an antral diverticulum, and hiatal hernia; he was counseled on proper diet, examined, given antacids and various other medications to alleviate his symptoms, and underwent diagnostic testing; he was being seen almost monthly by a medical professional. No jury would find that such care was deliberately indifferent.
Defendants also argue that they are entitled to qualified immunity. In light of the foregoing, this remaining argument is moot. See Delgado-Brunet v. Clark, 93 F.3d 339, 344-345 (7th Cir. 1996) (noting that when a Court finds that there is no genuine issue of fact as to a claim, analysis of the underlying claim and analysis of the qualified immunity claim "effectively collapse into one"). Nonetheless, in determining whether Defendants are entitled to qualified immunity, the Court must consider two questions: (1) "Taken in the light most favorable to the party asserting the injury, do the facts alleged show the officer's conduct violated a constitutional right?"; and, (2) was "the right clearly established?" Pearson v. Callahan, 555 U.S. 223, 236 (2009); Saucier v. Katz, 533 U.S. 194, 201 (2001). Because no jury would find that Defendants violated Plaintiff's Eighth Amendment rights, as indicated above, Defendants are entitled to qualified immunity.
For the foregoing reasons, the motion for summary judgment filed by Defendants John Shepherd, Jill Wahl, Richard Shute, Mary Beth Lane ("Nurse Land"), and Marsha Hill (Doc. 81) is GRANTED, and this action is DISMISSED with prejudice. The Clerk of Court is DIRECTED to correct the names of each Defendant as set forth in this order and to enter judgment in favor of all Defendants and against Plaintiff.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
HWZ Deal Alert: 24th March 2016
The long weekend is almost here, and what better way to finish off the week than with a fresh round of deals?
HWZ Deal Alert: 21st March 2016
How about a new round of deals to keep the Monday Blues at bay? Whether you're a gamer or photographer, we've got something for you today.
Review: The Fujifilm X70 packs large performance into one compact body
The Fujifilm X70 is the latest large sensor compact from Fujifilm, and it promises an attractive balance of price to performance that should be quite compelling to anyone interested in a fixed lens camera.
The best cameras to buy at IT Show 2016
Looking for a nice new camera at the IT Show 2016 but fazed with too many options? HWZ has you covered. Here are our recommendations of the best cameras you need to consider for every budget/category.
Review: The Olympus Pen-F is a distinctive new classic
The new Olympus Pen-F is one of the most attractive digital cameras today, but is it more than just a good-looker? Check out what the new 20MP sensor, with 5-axis optical image stabilization and the new Creative Dial have to offer.
Fujifilm X-Pro2 - Fujifilm finally gets the rangefinder right
Fujifilm's latest flagship camera has been packed with all of their latest technologies, but how does it really perform when put to the test? Read on to find out.
First looks: KODAKIT mobile app lets you book photographers with ease
Kodak brings us a mobile app that connects users to a database of professional photographers, making it easier for photographers to find work, and for clients to get the professional shooter they need for their events. Have a look at how the service works!
Hands-on: Samsung Gear 360
Samsung wants to give the everyday person the ability to create Virtual Reality content. With VR being the next aggressive market, the Samsung Gear 360 VR camera is thus born. Read to see our trial with this pocket-sized VR shooter.
Breathtaking Tibet: How to take great photographs in winter
Just before the end of 2015, I spent two weeks in Tibet, shooting in the freezing winter, and loved it. How do you take great photographs in winter, when harsh weather is part of the process?
Photography tips: How to take great photos of people at night and low-light
Taking photos at night is challenging, and taking photos of your friends and family at night is even more challenging! But it can be done, and here are seven step-by-step photography tips on just how to do it.
Hands-on: The Olympus Pen-F is a new vintage beauty that feels great in the hands (*Updated with price*)
"A masterpiece for creating your own masterpieces" is how Olympus described their new Pen-F camera, and the latest addition to their Micro Four Thirds line of interchangeable lens cameras is very nicely crafted indeed. Here's what it feels like to use one.
HWZ Deal Alert: 10th February 2016
Still feeling worn out by all the Lunar New Year festivities? Or maybe you're wishing you applied for leave to extend the long weekend even further. Whichever it is, we've got just the thing to snap you out of your funk: Great deals from all across the web!
8 tech gadgets in red and gold to usher in the Lunar New Year
Chinese New Year is all about renewal, and about having as much red and gold in the house to usher in good fortune and wealth. Here's our selection of eight tech items to ring in the new year right.
5 tech trends to keep an eye on in 2016
What are some of the products and services that would define the tech industry this year? After the avalanche of announcements and product demos at CES 2016, we've much better clarity. Read on for our thoughts.
Hands-on: Casio's EXILIM TR70 is likely the best selfie camera you can buy today
The ultimate status symbol for selfie lovers is finally in Singapore, a month after its initial launch in Japan. We detail the key updates to the EXILIM EX-TR70 that makes it better than all its previous iterations.
First looks: Fujifilm's X-series cameras for 2016
We take a quick look at the some of the latest products announced at Fujifilm's X-series anniversary event. Introducing the new X-Pro2, X70, and the new Fujinon XF100-400mm F4.5-5.6 R LM OIS WR. Dive in to get familiar with these upcoming products.
Hands-on: The Sony RX1R II is a beast with an Achilles' heel
The Sony RX1R II is a beast in many ways: a compact, full-frame camera with a 42.4MP sensor, a 35mm f/2 ZEISS lens, a variable low-pass filter and a ground-breaking hybrid AF system. But it also has a serious Achilles' heel.
HWZ Deal Alert: 11th December 2015
TGIF! Just two weeks till Christmas! Time to get those last-minute presents bought and wrapped up. Haven't bought anything yet? Don't worry, we've got some great suggestions inside.
Casio massively upgrades freestyle camera, meet the new Exilim FR100
Last year, Casio experimented with a concept camera design they termed the "freestyle" camera with a detachable module that allowed users to shoot from unexpected angles. They are now back with a much better and capable version - meet the Exilim FR100.
HWZ Deal Alert: 4th December 2015
It's Friday again and we are finally into the last month of the year. Usher in December with some great deals here!

subset: commoncrawl


text:
King Street, Hammersmith W6
£1,538 pcm
/ £355 pw
+ £210 admin fee. Other terms and fees will apply
- Flat
- Bedrooms: 2
- Reception rooms: 1
- Bathrooms: 1
- Furnished
Property features
Property description
Further comprises a modern bathroom, two good sized bedrooms and within walking distance to Stamford Brook or Ravenscourt Park tube.
Additional information
- Two double bedrooms
- Modern bathroom
- Open plan kitchen/reception
- Top floor
- Close to Stamford Brook tube
Local authority
Hammersmith and Fulham London (A-B) Borough Council
- Stamford Brook (0.1 miles)
- Ravenscourt Park (0.4 miles)
- Turnham Green (0.4 miles)
We make every reasonable effort to ensure that the information on this website is accurate. However, no guarantees for the accuracy of information are made and we make no warranties of any kind, whether expressed or implied, in respect of the information supplied. You should make independent enquiries regarding the property particularly in respect of furnishings to be included/excluded and parking facilities.


text: I can confirm this annoying problem in Intrepid Ibex. When I do a right click over a link or a page ,I get a random selection over the context menu options. -- [MASTER] right click (with button release) might activate popup-menu-item https://bugs.launchpad.net/bugs/187313 You received this bug notification because you are a member of Mozilla Bugs, which is subscribed to firefox-3.0 in ubuntu.


text:
It was great being thankful and all. But now it's time to get back to business. My flight leaves today. Should I put a quarter in the airport slots for good luck?
- Follow C. Moon Reed, authoress on WordPress.com
Follow me on Twitter @cmoonreed
- RT @HillaryClinton: "To all the little girls watching...never doubt that you are valuable and powerful & deserving of every chance & opport… 4 weeks ago
- RT @CatherineForNV: Our government is based on a system of checks and balances. And trust me, I will be one hell of a check on Donald Trump. 4 weeks ago
- RT @AliceSnedden: The most qualified woman in the world runs for President against the worst man in the world & this is what happens. I'm s… 4 weeks ago
- RT @danacfinley: If you want to understand why rape culture is alive in the USA, it's because Trump can admit to sexual assault & still get… 4 weeks ago
- RT @drmabuse: We must now build the biggest coalition against despotism imaginable. The time for complacency is over. It's time to be unite… 4 weeks ago
Follow me on Instagram @cmoonreed
Blog Stats
- 34,837 hits


text:
Comment this
Make sure your text complies with our rules
Today, my vet prescribed Xanax for my very anxious dog, because he keeps me awake all night whining and pacing. He slept soundly for about an hour, then woke up, threw up all over my carpet, and went right back to whining and pacing. FML
by Grimmerie / 03/07/2016 at 4:05am / Canada (British Columbia) / Animals
This FML's original poster has posted further details. Check out the comment our team has singled out
Make sure your text complies with our rules


text:
Catch all email newsletters about new products, promotions and offers. Register now.
Your data will not be disclosed to third parties. Unsubscribe anytime.
Product description for Tatonka KEMA from our collection of Outdoor Sports & Fashion:
The Kema by TATONKA is a design rucksack for individualists.
The unusual top flap that is attached by means of a beautifully shaped aluminium buckle that sets this day rucksack apart from more traditional designs. It proves its functionality by holding a 15.4" laptop and with its padded base and neat slit pockets.
The excellent carrying comfort of the Kema by TATONKA is practically a given thanks to the Vent Comfort carrying system.
T-Twill Tex
The polyester twill looks and feels like cotton, is abrasion-resistant and, thanks to the PU-coated interior, waterproof. The material is used for daypacks and bags.
T-Square Tec
This finely woven, very light fabric is made from 210 den threads. The Ripstop structure makes it extremely strong, and the PU coating on both sides makes it waterproof. TATONKA uses the material for travel bags and backpacks.
Dear customers,
with us you can save quite a bit!
On current seasonal goods, like products whose price has not been reduced, you can also save money by using the payment methods Paypal or cash in advance. During the checkout process, you are reminded about current savings for the products in your shopping cart so you're guaranteed not to miss any of our discount offers!
For the chosen product, we offer a list of savings.
If no discount is displayed, then the displayed price already includes the maximum discount available for that item. This is especially true of already heavily discounted items from our outlet and SALE range. For these articles, further discounts are available only for owners of the eXXpozed loyalty card.


text:
We offer a pre-finishing service with a 3-4 week lead time
Manufacturer Guarantee: 10 Year Guarantee
View this Internal Un-Finished Oak Pesaro Fire Door with Clear Glass, part of the Oak Un-Finished range by XL Joinery. Combining an authentic outlook, this Internal Un-Finished Oak Pesaro Fire Door with Clear Glass makes the most compatible idea for all homes.
Why not try the expansive family of doors available from XL Joinery, available here at Leader Doors. Shop today to get quick, easy shipping and lowest ever prices.
FREE Super Saver Delivery On ALL Orders Over £800
To take advantage of this amazing offer, simply add the items you wish to purchase into your basket your order total will be amended to show FREE Shipping if you exceed £800+VAT.
Express Service
Please refer to the stock message listed above for an estimated delivery lead time. We always recommend that you contact our Customer Services team before placing any orders. We will check each individual product's stock status to ensure that it can be delivered on time.
Delivery Service
For full details on our deliveries, please see our Delivery Service page.
Size Guide
Please Click Here to view our Door Size Guide
Returns & Cancellations
For full details on returns, please see our Returns page.


text:
JS Blocker is a Safari extension that protects your privacy and keeps you safe on the web by blocking scripts and others from tracking you-similar to NoScript for Firefox.
- Quickly and easily block advertisers, tracking agencies, and social media networks from monitoring your online activity.
- Prevent websites from figuring out where you came from.
- Prevent all scripts on the webpage from being allowed to run.
- Block frames, AJAX requests, embeds, objects, videos, and hide images.
- Block many JavaScript annoyances such as alert dialogs getting in the way,
What's New
- Support for "subdocument" and "popup" filter list entries
- Pop-up blocker options are displayed during initial setup
- You can now add a hosts file as a filter list. Peter Lowe's ad list is now included and enabled by default
- The "Disable" button will now say "Enable" when JSB is disabled
- OS X 10.7.5 or later
- Apple Safari 6.1 or later


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
February 24, 2009
ANNIE VILLAUREL, RESPONDENT,v.CITY OF NEW YORK, ET AL., DEFENDANTS, NEW YORK CITY TRANSIT AUTHORITY, APPELLANT.
In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Roman, J.), entered August 23, 2007, as, upon a jury verdict on the issues of liability and damages and upon the denial of its motion pursuant to CPLR 4401 for judgment as a matter of law made at the close of the plaintiff's case on the issue of liability, is in favor of the plaintiff and against it in the principal sum of $647,333.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(Index No. 23613/99)
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
On February 14, 1999, at 9:45 A.M., upon exiting the Q4 bus at a bus stop at the intersection of Parsons Boulevard and Archer Avenue in Jamaica, the plaintiff slipped and fell on a patch of ice near the Parsons/Archer subway station. The plaintiff commenced the instant action alleging negligence against the City of New York, the New York City Fire Department (hereinafter the FDNY), and the New York City Transit Authority (hereinafter NYCTA).
At trial, the deposition testimony of a deceased nonparty witness was read into the record before the jury. The witness testified that he arrived at the Parsons/Archer intersection to wait for a bus approximately 15 to 30 minutes before the plaintiff's accident occurred, and that he observed the accident. He noted that an ice patch had already formed when he arrived, and that the source of the ice was a leaking standpipe near the subway wall. The witness himself had slipped in the same area within the period of time he had been waiting for the bus, and had observed three or four other people slip there as well prior to the plaintiff's arrival. The witness stated that at the time of the accident the ice patch was anywhere from 5 to 10 feet wide and extended from the subway wall to the curb.
The station supervisor for the Parsons/Archer subway stop, an employee of NYCTA, testified at trial. His duties included reporting problems such as a broken or leaking standpipe to NYCTA's maintenance department, and his daily shift ended at 11 P.M. The supervisor stated that the last time he inspected the standpipe prior to the accident was between 3:20 and 3:55 P.M. on the preceding day. He averred that he did not observe the standpipe leaking at that time.
The plaintiff's son viewed the accident scene approximately one hour after the accident occurred, and testified at trial that he took photographs of it at approximately noon that same day. The photographs depict an ice patch extending from the subway wall to the curb. The plaintiff testified at trial that the photographs accurately depicted the accident scene at the time of the accident. Additionally, her son noted that, when he took the pictures, he observed that the standpipe was dripping every five seconds.
The plaintiff's meteorological expert provided certified climatological records, and testified, based on those records, that there was no natural precipitation on the ground such as rain or snow at the time of the plaintiff's accident. Based upon the testimony concerning the frequency with which the water dripped from the standpipe, the photographs of the accident scene, and the certified climatological records, as well as other factors, the expert opined that the icy condition would have taken at least one hour to form.
After the plaintiff's claims against the City and the FDNY were dismissed, a jury found that NYCTA was negligent and 100% at fault in the happening of the accident. There was legally sufficient evidence to support the jury's verdict in favor of the plaintiff. "For a court to conclude that a jury verdict is not supported by legally sufficient evidence, there must be no valid line of reasoning and permissible inferences which could possibly lead rational persons to the conclusions reached by the jury on the basis of the evidence presented at trial" (Anthony v New York City Tr. Auth., 38 AD3d 484, 485). Here, in light of the evidence presented, the jury could have reasonably determined, based on a valid line of reasoning and permissible inferences, that a visible and apparent defect "exist[ed] for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it" (Gordon v American Museum of Natural History, 67 NY2d 836, 837).
Specifically, according to the deceased eyewitness's deposition testimony, the ice was present when he arrived at the scene approximately 15 to 30 minutes before the plaintiff's accident, it extended from the subway to the curb, and it was 5 to 10 feet wide. The photographs, which were taken reasonably close to the time of the accident and were properly authenticated by the plaintiff (see Ferlito v Great S. Bay Assoc., 140 AD2d 408, 408-409), reveal an ice patch of significant size extending from the subway wall into the street. There was no evidence that any of NYCTA's employees inspected the standpipe less then 18 hours before the accident. Based on all of this information, the jury could have reasonably inferred that the ice existed for a substantial period of time prior to the accident (cf. Blake v City of Albany, 48 NY2d 875, 877-878; Catanzaro v King Kullen Grocery Co., 194 AD2d 584, 584-585).
Moreover, the hazardous condition in this case was the result of an unnatural phenomenon, as opposed to the natural snow or sleet that defendants are frequently allowed substantial periods to address (see e.g. Urena v New York City Tr. Auth., 248 AD2d 377, 377-378). Under the circumstances, the jury reasonably could have found that the existence of the condition for even 30 minutes prior to the accident was sufficient constructive notice (see Negri v Stop & Shop, 65 NY2d 625, 626; Backer v Central Parking Sys., 292 AD2d 408, 409; Huth v Allied Maintenance Corp., 143 AD2d 634, 636). Thus, contrary to the NYCTA's contention, the jury verdict was based on legally sufficient evidence.
The NYCTA's remaining contentions are without merit.
FISHER, J.P., DILLON, BELEN and CHAMBERS, JJ., concur.
© 1992-2009 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text: I have purchased two different translation apps and neither one has the ability to translate an english word or saying into what the word should look like using the english alphabet so you can pronounce the word. Like English to Chinese comes up with chinese letters. Does anyone know of a translator app that will do this?


text:
History… the story of humankind
EMU is a Christian liberal arts college dedicated to Mennonite values of peacebuilding and service. We study history from a global viewpoint, one that highlights our need for one another. Study history with us, and we'll analyze the human experience through a peace and justice lens.
History In Our Backyard
Our campus is only two hours from both Washington, D.C., the nation's capital, and Richmond, the Confederate capital. We're also close to many other historic sites in history-rich Virginia, including the unique Museum of American Frontier Culture in nearby Staunton, many Civil War battlefields, and the National Park Service's historic Sklyine Drive.
Learn more about the majors and minors our program offers!
Program News
Reformation documentary features four EMU experts on religion, history and peacebuildingNovember 11th, 2016
Four faculty and staff at Eastern Mennonite University are interviewed in a documentary about the Protestant Reformation, This Changed Everything: 500 Years of Reformation. The documentary, released in September, is … read more
Future connections plotted for interdisciplinary curriculum ties to visionary scientist Nikola TeslaNovember 10th, 2016
Filmmaker and new visual and communication arts faculty member Zeljko Mirkovic brings myriad connections and a growing body of acclaimed work to Eastern Mennonite University (EMU). In 2015, Mirkovic won … read more
Communications director for National Council of Churches shares his interfaith journeyNovember 9th, 2016
After Sept. 11, The Rev. Steven D. Martin found himself the subject of much interest. Suddenly every public television station was scrambling for material on Muslims, and his first major … read more


text:
Display Ads
Dir. of Advertisers
Mail: Murky gas price irks Colorado traveler
Groene at the Legislature: Running for chairman of the Education Committee
More opinion
Seats open on Noxious Weed Board
Taxes, ag economy to be focus of annual Farm Bureau convention
More Ag News
At 6:30 p.m. on Friday, March 29 (Good Friday), there will be a re-enactment/depiction of the path that Christ walked on his way to the cross, Harvest Christian church has announced.
After the procession, the community is invited to view the movie The Passion of the Christ in the church, which will be followed by a commmunion service.
Flatrock Publishing, Inc.
1300 E 4th St., Suite F
North Platte, NE 69101


text:
|Page (1) of 1 - 08/09/04
|email article
|print page
Right Hemisphere Expands 3rd Party 3D Software SupportNew Versions of Deep Paint 3D and Deep UV shown at SIGGRAPH (August 09, 2004)
Right Hemisphere, a leading provider of visual communication solutions software, today announced new versions of its award-winning Deep Paint 3D and Deep UV software. The new versions include support for the latest releases of some of the industrys most popular digital content creation applications. Deep Paint 3D is an intuitive, easy-to-use tool to paint and texture 3D models interactively. It uses textures or natural medium that can be brushed directly or projected onto 3D models and scenes. Available later this month, the new Deep Paint 3D 2.2 version now includes support for:
* LightWave 3D 8 ? NewTeks 3D animation software featuring advanced character animation tools.
* Maya 6 ? the 3D special effects software from Alias for the film, broadcast, game development, digital publishing, and visualization markets.
* Photoshop CS ? an upgrade from Adobe Photoshop 7.0 for graphic and Web designers, photographers, and video professionals.
* SOFTIMAGE|XSI version 4.0 ? an industry leading nonlinear 3D production environment for professional animators from Softimage Co., a subsidiary of Avid Technology.
Also available later this month, Right Hemispheres new Deep UV 1.3 software release now includes support for Maya 6 and SOFTIMAGE|XSI version 4.0. Deep UV locates the necessary UV coordinates on a model to allow the artist to drape and arrange textures on top of it. Once a satisfactory texture arrangement is in place, the artist can then use Deep Paint 3D for further modification. Deep UV may be used as a standalone software application or in conjunction with Deep Paint 3D.
?Deep Paint 3D continues to be a well-loved and widely-used digital paint tool by both professionals and amateur artists, said Mark Thomas, president and founder of Right Hemisphere. ?These new releases of Deep Paint 3D and Deep UV keep them current so that artists can keep using our tools with the latest version of their favorite content creation applications.
Both Right Hemispheres Deep Paint 3D and Deep UV software will be demonstrated in the companys booth #2033 at the SIGGRAPH 2004 conference August 10-12 in Los Angeles, Calif. Right Hemisphere's ?Entertainment Bundle includes the award-winning Deep Exploration software; a 2D|3D graphics file management and conversion utility; Deep Paint 3D for 3D painting and texturing; and Deep UV for advanced UV mapping at a special price of $795.
New customers can order the software in the companys booth at SIGGRAPH or download it from the Right Hemisphere Web site at www.righthemisphere.com. Right Hemisphere software may also be purchased in North America through Jeff Burgess & Associates, Inc. (JB&A) at www.jbanda.com. Upon release later this month, existing Right Hemisphere Deep Paint 3D and Deep UV customers can download the updates directly from the companys Web site.
About Right Hemisphere
Right Hemisphere is the leading provider of visual communication solutions. Right Hemisphere enables non-engineering staff to easily re-use engineering data in visual communication solutions like training, documentation, marketing and support. The companys Deep Server software replaces expensive manual processes with automated, open, and scalable solutions that make high-impact interactive 2D and 3D content an affordable reality for communicating technical information, marketing highlights or complex support procedures. Enterprises can now efficiently capitalize on investments in engineering design to increase sales; cut documentation, support and training costs; and speed products to market. For more information please visit: www.righthemisphere.com or call toll free at (877) 309-3204.
Page: 1
Related Keywords:Right Hemisphere, Deep Paint 3D, Deep UV, SIGGRAPH, LightWave 3D 8, NewTek, Maya 6, Photoshop CS, Adobe, SOFTIMAGE|XSI, Avid, Mark Thomas, Jeff Burgess & Associates,


text:
Excerpt from Should the Public Schools Furnish d104-Books Free to All Pupils? "What was the result? The official report of the secretary, Dr. Northrop, for the year 1869, shows that the actual increase in school attendance during that year was about six thousand pupils, though there was no perceptible increase in the total population of the state. The next year there was another increase of about five thousand. Secretary Northrop, in express terms, attributes this increase to the removal of the rate bill. About eleven thousand pupils, then in Connecticut, prior to 1869, had been kept out of school by the rate bill, although its average amount did not exceed three dollars a year. "Is it objected that the experience of Connecticut is peculiar? Take a very different community - California. In 1866 a rate bill existed in many towns in that state. The amount paid by each child for attendance was, on an average, about twenty-five cents a month, or two dollars and a half during the school year of ten months. In 1866 the rate bill was abolished by law in California. The consequent increase in attendance was six and one-half percent. In other words, a number equal to one-sixteenth of the entire school attendance had been debarred from instruction by the slight tax of twenty-five cents a month. "Is further evidence needed to show that many children are kept away from school by the requirement to pay two or three dollars a year? Take the state of New York. Five days ago, wishing to ascertain the facts with precision, the writer consulted the highest authority in that state, Hon. S. B. Woolworth, now and for many years past the Secretary of the Regents of the University of the State of New York. He replied, under date of Albany, N. Y., Dec. 24, 1878, as follows: "'The rate bill was abolished by law in New York in the year 1867. The increase in attendance in the public schools, consequent upon this abolition of rate bills, is estimated at 22,000 the first year, 50,000 the second year and 78,000 the third year. The average amount of tuition, i. e., the average amount of the rate bill, was perhaps $2.75.' "There is no resisting the conclusion from such facts as these. If in California a number equal to one-sixteenth of the whole attendance, if in Connecticut 11,000 children, if in New York 78,000 children, all of whom had been growing up in ignorance, were drawn into public schools by exempting them from the payment of twenty-five cents or thirty cents a month for tuition, then it is safe to conclude that there are multitudes who would be likely to be drawn into the public schools by exempting them from the payment of an equal sum for books and stationery. "Here we may be allowed to speak a brief word for those who are too humble or too feeble to speak for themselves. Indeed, they cannot speak without bringing upon themselves new shame. "Their tender love for their children, their ardent desire to secure for them a better lot than that of their parents, prompts the sending of them to the public school. But they have not even money enough for bread and decent clothing and they cannot buy books. Private charity does not supply them and is totally inadequate to supply them. For such the public schools are not free- they must make the humiliating confession of utter poverty before they can receive the boon of instruction. This undeserved shame is the price they and their children must pay for education. "They recoil from the idea of 'coming upon the parish.' No laceration more cruel of the feelings of a sensitive parent or child can be found. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
About William I MarshallHowever, currently we can't offer you details about your Manager William I Marshall. However this does not always mean we are unsuccessful for my child variety. Additionally we request that you just allow us in this make any difference. Should you have leisure time and want may immensely value in case you offer you your details. Whenever obtaining this kind of comments and details through consumers concerning the Should the Public Schools Furnish Text-Books Free to All Pupils? Author William I Marshall, many of us first your ex examine. The moment most of us ensure that many true, merely submit the idea. Many of us can see this assist and thank you before hand.
Details Book
|William I Marshall
|Forgotten Books
|Data Published
|26 November 2015
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|30 pages
|Age +
|15 years
Reviews Should the Public Schools Furnish Text-Books Free to All Pupils?
Margo Anderson Get eBook Should the Public Schools Furnish Text-Books Free to All Pupils?
Finally I get this ebook, thanks for all these I can get now!
Lisa Doran Best website free download ebook
I was suspicious at first when i got redirected to the membership site. Now I'm really excited i found this online library....many thanks Kisses
Markus Jensen How to download Should the Public Schools Furnish Text-Books Free to All Pupils? eBook?
I did not think that this would work, my best friend showed me this website, and it does! I get my most wanted eBook
Sandy Griffon to William I Marshall - thanks
wtf this great ebook for free?!
Roddy Murray
My friends are so mad that they do not know how I have all the high quality ebook which they do not!
Tina Milan
It's very easy to get quality ebooks ;)
Lindsay Brown
Lukasz Czaru
so many fake sites. this is the first one which worked! Many thanks
Caroline Smith
wtffff i do not understand this!
Andrew Smith
Just select your click then download link, and complete an offer to start downloading the ebook. If there is a survey it only takes 5 minutes, try any survey which works for you.
Kevin Mason
lol it did not even take me 5 minutes at all! XD


text:
TV: How I met your mother, The Blacklist, Elementary, NCIS, The Daily Show
Music: Anything that isn't autotuned and uses real instruments - Anything from Led Zeppelin and Jimi Hendrix to John Mayer and Ray LaMontagne, to Frank Sinatra and The Four Seasons.
Food: I'm pescetarian, so fish and veggies. I love to cook and it'd be nice to be able to cook for more than one. Whomp, whomp! :P
Good company
A sense of humor
Maxwell (my pup)
Food (practical choice)


text:
We must do somethingApril 24,2013
We must do something
So Gov. Shumlin thinks there is nothing that can be done to protect children from gun violence, so we should not do anything?
Why do we have laws against drug dealing, stealing or any crime? It is useless to have police? Criminals are going to do what they do no matter what. What a cop-out. Politicians are so afraid of adverse reactions from gun owners they will not stand up for what is right. Gun owners are so paranoid about the government taking away their guns. Black helicopters, anyone?
I wonder if the governor lost a child to gun violence he might feel the same way?
I, for one, will not vote for Shumlin again, and I urge voters to use the ballot box to get rid of cowardly politicians.
Elise Riddel
BarreMORE IN LettersA couple of thoughts in regard to the recent national and state elections and final response ... Full StoryI am an elite. I have college degrees and an above-average salary. Full StoryBurr Morses supposedly humorous commentary on health care reform, which is implying that reform... Full Story
- Most Popular
- Most Emailed


text:
WooCommerce Waitlist – Keep customers happy with back-in-stock notifications
The WooCommerce Waitlist extension allows store owners to analyze customer demand for items that are not currently available. It allows users to create lists of customers who are interested in purchasing the product and notify the list via email when the product becomes available for purchase.
To join the wait list, a customer simply adds their information on the product listing page. When the product becomes available (when you update the stock), those who joined the waitlist are sent an email with a product link to alert them that they can now purchase the product on your website. The WooCommerce Waitlist extension supports both simple and variable products.
Read More about WooCommerce Waitlist
Note: This product is provided in it's original, unmodified form. However, it is provided by ProServe Web Solutions, a third-party provider, and, therefore, it is not supported by the vendor/developer. ProServe does not provide support and updates for this product (aside from non-warrantied advice on use). If you wish to receive support and updates directly from the vendor/developer, you may consider purchasing from them using the "Read More About..." link above (no affiliation).


text:
Conosca abbastanza per essere impaurito, molto impaurito
Motto of Cinque-Parte Polygnostic
Beringia, the sinking kingdom.
Dal Nastro, little more than a smudged footnote in mankind's history of expansion.
Mind the smell, it is a good place to get preserved meat.
Red Dogs? his shop isnt on the market, you'll have to wind over behind it, on one of the back streets. Wont be hard to find though, just look for the metal dogs and you've found him.
Also known as the school of the unseen and the Enclave of Enchantment. Little more is known to outsiders than that.
For the Emperor! For Anna Purna! For the Tigers!
Motto of the 1st Anna Purna Legion, the White Tigers.
The Official citadel directory for all of your carousing needs.
To be sure, the Dirdums are fair teeming with goblins.
Captain Wandern, ship's log.
A Celestial Lense is a metallic clearing that focuses the energy of the etherial to the material realm in remote places. These points of concentrated Good and Order create dangers untold in the regions around them.
The great cone of steam, fire and ice.
The valley of the elves between Night and the Waterfalls
A den of mercenaries, murderers, bounty hunters and thieves…
I tell you, I get this itch on my lip when I think about Sgriob and the waters of the casks…
Captain Wandren, Ship's logs
Life in the Two Kingdoms is polarized between the now seemingly endless conflict between the noble elves of Elvindorm and the ruthless Sidious Prax and her allies. While this is the dominant conflict, by no means is it the only one. East of these two powers, beyond the paling of the Jokulsmorder, the land is desolate and savage, with survival being a greater concern that ideals and politics. This is the hardscrabble soil that the township of Draachenhaur grew from.
An average city of the Midlands
Behold, the Mountain of the Snow Bunnies!
Thus begins, a war, between kingdom and kingdom, between brother and brother, between generation and generation…
I walk a lonely road
The only one that I have ever known
Don't know where it goes
But it's home to me and I walk alone
Behold, the luminous isle of the Sapphire Eyed maidens
If you want to add a "supernatural" touch to your campaign, define the rules of magic and the universe. Make your players comfortable with those rules. Then your new supernatural creatures must then break those rules.


text:
Aquarius: I'm South African, not British...
Well this is a bloody fine mess I've gotten myself into.
I tap my foot impatiently as a small and stocky old man reviews a few documents I've handed him. If I was going to find more "others" like me, I would need to blend in to the local teen populace. But seeing as he already had a foreign accent, that shouldn't be too hard. My only hope was that he wouldn't see through some of the signatures I've forged.
"Alright young man. Your name is Aaron Stone eighteen years of age correct?" I nodded. "And you've transferred here from a boarding school in South Africa on an exchange program?" The man's eyebrow rose but I gave him a convincing smile.
"Correct old bean," I said. I hoped that adding some British stereotypes would convince him. "I think you've a jolly good school and I hope you'll give me the honour of enrolling in a few months academic studies." The man sat down on his chair, as if to think about his decision. "If I may add that a successful exchange program leads to not just a school's recognition at home and abroad, but also to the school's headmaster? Or is it principal for you folks?"
The man smiled a bit and signed a document before placing it in a filing cabinet. "You've got quite the silver tongue there young man." He placed the rest of my documents inside another file and handed me a piece of paper. "This timetable should show you to your next class Mister Stone."
I made a courteous bow before leaving the office. A silver tongue? Is that what they called someone charismatic around here? I gazed down at my timetable and viewed the classes that I would or wouldn't be attending, depending on my mood.
"History eh?" I said to myself.
"Is this World histories room?" I asked through the opening of the door. There were a few things I noticed as I made my way into the class. The first thing was the people staring at me. I couldn't blame them though. The jeans and white t-shirt along with a black leather jacket made me seem either foreign or old. The way I spoke definitely made me feel foreign. The way most of the girls stared at me was something I was also accustomed to.
"Umm...my name's Aaron. Aaron Stone." I said, breaking the awkward silence. "I'm a transfer from New England." The teacher nodded and pointed to an empty seat beside a strangely stereotypical looking American blonde. Behind her was a muscular looking boy and a slender looking girl, both pale yet athletic in appearance.
I made my way to my seat, politely smiling to the blonde girl who definitely fit the stereotype of an "American girl." She was what some might call "all over me," constantly playing with her hair, batting her eyelashes and complimenting me.
"So cutie, what's it like in Britain?"
I smiled politely. "I'm not from Britain, actually I'm from South Africa."


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
filed: November 13, 1981.
COMMONWEALTH OF PENNSYLVANIA,v.ROBERT HARPER, APPELLANT
No. 1828 October Term, 1979, Appeal from the Order of Court dated August 6, 1979 of the Court of Common Pleas, Criminal Division, Delaware County, Pennsylvania at Nos. 5768, 5769, and 7201 of 1977
Brian S. Quinn, Havertown, for appellant.
Frank T. Hazel, District Attorney, Media, for Commonwealth, appellee.
Brosky, Johnson and Popovich, JJ. Johnson, J., concurs in the result of this opinion.
[ 292 Pa. Super. Page 195]
This is an appeal from an order of the Court of Common Pleas, Delaware County, denying relief on a counseled Post Conviction Hearing Act*fn1 (PCHA) petition filed by appellant, Robert Harper.
On April 14, 1978, after trial before a jury, appellant was convicted of several counts of forgery, attempted forgery, and receiving stolen property. At trial, appellant was represented by a member of the public defender's office (first counsel). No post-verdict motions were filed,*fn2 and, following a hearing on appellant's petition to file post-verdict motions nunc pro tunc, the petition was denied. New, private counsel (second counsel), aided appellant both in the preparation of the petition and at the hearing. At sentencing, appellant, again represented by another private attorney (third counsel/post-trial counsel), was sentenced to serve a term of imprisonment of six to twelve years. No direct appeal was taken.
[ 292 Pa. Super. Page 196]
On February 8, 1979, appellant filed a pro se PCHA petition. An amended petition was filed by new, private counsel (fourth counsel) on May 24, 1979.*fn3 A hearing was held and the petition was denied on August 6, 1979. This appeal followed. On appeal, appellant is represented by fifth counsel, who is a private attorney.
Instantly, appellant argues that: (1) trial counsel was ineffective for failing to object to the admission of evidence that had been ordered suppressed; and for abandoning him at the post-verdict motions stage; (2) the lower court erred in denying appellant's petition to file post-verdict motions nunc pro tunc thereby denying his right to appeal; and (3) appellant was denied the right to be provided with free transcripts.
For the following reasons, we affirm the order of the lower court.
It is well settled that a criminal defendant who deliberately and knowingly chooses to bypass orderly state procedures afforded for challenging his conviction is bound by the consequences of that decision. Commonwealth v. Myers, 427 Pa. 104, 233 A.2d 220 (1967); Commonwealth v. Mika, 277 Pa. Super. 339, 419 A.2d 1172 (1980). In Pennsylvania, our Post Conviction Hearing Act precludes one from
[ 292 Pa. Super. Page 197]
obtaining collateral relief where the issues raised either have been waived or finally litigated. Commonwealth v. Jumper, 494 Pa. 451, 431 A.2d 941 (1981). An issue is waived when:
(1) the petitioner knowingly and understandingly failed to raise it and it could have been raised before the trial, at the trial, on appeal, in a habeas corpus proceeding or any other proceeding actually conducted, or in a prior proceeding actually initiated under this act; and
(2) the petitioner is unable to prove the existence of extraordinary circumstances to justify his failure to raise the issue. 19 Pa.C.S.A. § 1180-4(b) (Supp. Pamphlet 1965-1980).
There is a rebuttable presumption that a failure to appeal a ruling or to raise an issue is a knowing and understanding failure. Id. § 1180-4(c) (emphasis added).
Instantly, appellant failed to take a direct appeal from the judgment of sentence. Hence, his failure to appeal constitutes a waiver*fn4 since the issues appellant raises before us were cognizable at that stage.*fn5 See Commonwealth v. Fox, 476 Pa. 475, 383 A.2d 199 (1978); Commonwealth v. Lochman, 265 Pa. Super. 429, 402 A.2d 513 (1979).
[ 292 Pa. Super. Page 198]
In certain situations, the ineffectiveness of counsel has been held to be an "extraordinary circumstance" excusing one's failure to raise the claim at the first opportunity. Commonwealth v. Klaric, 263 Pa. Super. 286, 397 A.2d 1212 (1979). Here, however, this court is not confronted with such an issue because trial counsel's ineffectiveness could have been raised by a different attorney, post-trial counsel, on direct appeal. See Commonwealth v. Lochman, 265 Pa. Super. 429, 434, 402 A.2d 513, 516 (1979). Moreover, we have said that:
[w]here an appellant is represented by different post-trial counsel, and said appellant either fails to take a direct appeal or fails to raise his claims of trial counsel's ineffectiveness on direct appeal, such a failure will constitute a waiver of these issues as to post-conviction proceedings, excepting only those claims which fit under one or more of the four categories listed in Dancer.*fn* Commonwealth v. Glasco, 241 Pa. Super. 484, 497, 362 A.2d 420, 427 (1976).
Appellant does attempt to set forth in his brief and extraordinary circumstance excusing his failure to file an appeal. He frames the issue as follows:
"[i]t cannot be assumed that the failure of counsel to preserve issues for appeal or to file post verdict motions in this case constituted a 'knowing and intelligent' waiver of Appellant's right to appeal." (Supplemental Brief for Appellant In Forma Pauperis at 8).
[ 292 Pa. Super. Page 199]
Again, however, appellant's claim is waived because "the earliest stage in the proceedings at which the counsel whose ineffectiveness is being challenged no longer represente[d] the [appellant]" was at the post-trial stage. As a result,
"[i]t follows then that when newly appointed post-trial counsel fails to assign the ineffectiveness of trial counsel as a ground for post-trial relief, the issue of trial counsel's ineffectiveness is not properly preserved for appellate review." Commonwealth v. Hubbard, 472 Pa. 259, 276 n. 6, 372 A.2d 687, 695 n. 6 (1977).
Thus, in the case before us, there does not exist any other "extraordinary circumstances" which could have justified his failure to raise the issue of trial counsel's competency. See Commonwealth v. Fox, 476 Pa. 475, 383 A.2d 199 (1978); Commonwealth v. Klaric, supra. Accordingly, appellant is not entitled to relief.
While the claims in question have been waived, we nevertheless have examined, in the interests of judicial economy, appellant's contentions and find them utterly devoid of merit.
First, appellant inartfully argues that trial counsel was ineffective for failing to object to the witness's reference when he described the perpetrator of the crimes as a male. According to appellant, this reference "had the effect of identification . . . of [appellant] as the person who committed the alleged crimes" and therefore was an impermissible reference to the identification testimony which had been ordered suppressed. (Supplemental Brief for Appellant In Forma Pauperis at 7). This contention is totally unfounded.
The trial transcript directly contradicts appellant's allegation. Trial counsel did object to the prosecution witness's reference to the perpetrator of the crimes as male. When the objection was overruled, trial counsel requested and obtained a side-bar where he again objected to any characterization that the alleged forgerer was "male, female, or in any other way." (N.T. 4/12/78, pp. 50-51).
[ 292 Pa. Super. Page 200]
Second, appellant contends that trial counsel was ineffective for failing to file post-verdict motions because counsel had not "notified his client, [obtained] leave from the Court, or compl[ied] with the 'constitutionally mandated procedure for withdrawal.'" (Supplemental Brief for Appellant In Forma Pauperis at 7-8, citing Commonwealth v. Greer, 455 Pa. 106, 314 A.2d 513 (1974)). This contention is ludicrous. The trial court determined and the record reveals that appellant "was afforded counsel for the purpose of assisting him in the filing of post-trial motions and he chose to refuse to cooperate with counsel." (Memorandum Opinion and Order on Petition to File Post-Verdict Motions Nunc Pro Tunc at 3, Record No. 18) (emphasis added). We now will not permit appellant to attack the stewardship of counsel when appellant "refuse[d] to cooperate" with counsel and so stated on the record that he did not intend to use counsel on appeal. (N.T. 4/14/78, p. 195).
Third, appellant argues that the lower court erred in dismissing his petition to file post-verdict motions nunc pro tunc. He contends that because he "[did] not 'knowingly and intelligently' waive his post-verdict and appellate rights, [the motions] must be heard nunc pro tunc if necessary." Supplemental Brief for Appellant In Forma Pauperis at 9). We disagree. While it is well-settled that an accused has an absolute right to appeal, Pa.Const.Art. V, § 9, and that issues not included in post-verdict motions are waived, Pa.R.Crim.P. 1123(b), it is equally settled that a defendant may waive his right to file post-verdict motions, Commonwealth v. Olsen, 247 Pa. Super. 513, 372 A.2d 1207 (1977). The record clearly indicates that appellant was fully apprised of his right to file post-verdict motions, his right to counsel, and of the need to strictly comply with the requirements of Pa.R.Crim.P. 1123. Nevertheless, appellant chose to take matters under his own advisement by filing a pro se PCHA petition, which was dismissed as being premature.*fn6 Appellant
[ 292 Pa. Super. Page 201]
now would have us find that he was entitled, as a matter of right, to file post-verdict motions nunc pro tunc. This we will not do. The record establishes that the trial court complied with Rule 1123. Therefore, a "deliberate waiver of the right to file post-verdict motions is deemed to have been made." Commonwealth v. Ramsey, 259 Pa. Super. 240, 252, 393 A.2d 806, 813 (1978). Moreover, the transcript of the hearing on appellant's petition to file post-verdict motions nunc pro tunc amply supports the hearing court's conclusion "[that] the arguments raised by [appellant] as a basis for motions for a new trial . . . are patently without merit." (Memorandum Opinion and Order on Petition to File Post Verdict Motions Nunc Pro Tunc at 3, Record No. 18). The lower court, therefore, did not err in denying appellant's petition.
Finally, appellant contends that he was denied his right to be provided with free transcripts, thereby precluding him from effectively challenging the judgment of sentence. Although we agree that an indigent defendant does have a right to be provided with free transcripts, Commonwealth v. Homsher, 264 Pa. Super. 271, 399 A.2d 772 (1979), appellant's failure to obtain a transcript does not entitle him to relief in the instant appeal. First, appellant knowingly and voluntarily waived his rights to direct appeal. Second, we note that appellant did not request the documents nor present this issue before the post conviction hearing court. Appellant, therefore, may be deemed to have waived his right to be provided with free transcripts and his right to raise this issue in the instant appeal. See e. g. Commonwealth v. Mitchell, 474 Pa. 274, 383 A.2d 930 (1978).
The order of the PCHA court dismissing appellant's petition is affirmed.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
In order to successfully obtain a Masters qualification, you will need to obtain a number of credits by passing individual modules. Most taught Masters will have a number of core modules which you must take and pass in order to obtain the qualification. The assessment of research Masters is almost always entirely by a single dissertation module or project.
Students in automotive engineering programs can prepare for a variety of different careers in the field. Many program graduates find positions at various levels in production, post-production, industrial processing, automotive design and research and design.
Spain (Spanish: España) is a diverse country sharing the Iberian Peninsula with Portugal at the western end of the Mediterranean Sea. Spain is considered an exotic country in Europe due to its friendly inhabitants and relaxed lifestyle. The normal duration for University courses in Spain is 4 years, except Medicine and the double degrees, which are 6. Madrid and Barcelona are well known cities around world for its cuisine, vibrant nightlife, and world-famous folklore and festivities.
Madrid City is the capital of Spain. It is a metropolitan area with over 3 million residents. It has an arena called Las Ventas that hosts the annual bullfighting event. The city has many public and private universities.
Request Information Part time Master Programs in Automotive Engineering in Madrid in Spain 2017
The Comillas Pontical University and Gestamp offers this innovative master in international project management in the automotive industry, combining academic excellence with industrial and internationalization experience. [+]
The World Health Organization (WHO) identifies 2030 sequelae injuries and accidents as one [+]
The World Health Organization (WHO) identifies 2030 sequelae injuries and accidents as a leading global burden factors affecting the health and safety of the population. At present [+]


text:
Harley Lee Wyatt, 81 - August 13, 2011
Harley Lee Wyatt, 81, died Aug. 13, 2011, in McAllen, TX.
A memorial mass will honor him at 10:30 a.m. Tuesday, Aug. 30, at St. Cecilia's Catholic Church in Hastings.
He was born in Kearney to Kiah and Margaret Wyatt.
Wyatt worked for Coca Cola in Holdrege for 8½ years and Debus/Metz Baking Co., for 38½ years, retireing as general manager.
He was preceeded in death by four brothers—Bob, Larry, Jerry and Jimmy Joe—and also a great-grandson, Thomas.
Wyatt is survived by: his wife and best friend Lavurne; two sons—Roger of Gothenburg and Edward of Superior; a daughter, Pamela Garrick of North Platte; a brother, Glen Thomas of Aurora; two sisters—Dorothy Paul of Apple Valley, CA, and Hazel Eastman of Cannon City, CO; 13 grandchildren; 5 step-children; 8 great-grandchildren; and a host of nieces nephews.
In lieu of flowers, a memorial has been established at Comfort House Services Inc.,617 Dallas Ave, McAllen, TX 78501.
Latest Headlines
- Gothenburg 8th graders blast McCook
- Gothenburg plays a feisty brand of basketball at North Platte Jamboree
- Brady volleyball players named to MNAC All-Conference team
- Nebraska Cattlemen host 2016 annual convention
- Chamber hosts Magic on Main Street next week
- Gothenburg youth prepare to serve our country
- Local sisters share more than genetics


text:
My approach to life is a bit cautionary - and then once I see what trust looks like I am ready to fall in love and be the most loyal dog you have ever met. I prefer to date very slowly and see what we have in common, you know the date went well if my tail is wagging and then we can move to the next phase of our relationship.
Aura is approximately 1-2 years of age and weighs under 15 pounds.
Aura can be viewed at Green Dog Rescue Project
10342 Old Redwood Hwy, Windsor, CA 95492
Adoption fee is: $200
Adoption Hours:
Wednesday by appointment
Thur-Sat from noon-4PM


text:
Thread: What Server Hardware?
01-25-2007, 01:36 AM #1Junior Guru Wannabe
- Join Date
- Sep 2005
- Posts
- 51
What Server Hardware?
I am running a site that sells PHP scripts. I have 30 php/mysql scripts up for demo and just opened the forums recently. We are also setting up a new oscommerce cart system to take orders.
We had a little over 600,000 total hits last month and are averaging around 24000 a day this month. The server the site is currently on is starting to get a load on it (With 179 sites) so we want to move this site to a server of its own.
What is a reasonable hardware setup for a site like this? I want something that will last a while but I do not want a bunch of unused resources. This will be the only site on the server.
Becasue of the server configs I need for all the scripts dedicated is the only option.
Thank you very much fro your time
01-25-2007, 04:42 AM #2Web Hosting Master
- Join Date
- Sep 2004
- Posts
- 760
Dual Core 3.0CPU
100Mbit Uplink
01-25-2007, 12:32 PM #3Junior Guru Wannabe
- Join Date
- Sep 2005
- Posts
- 51
Dang I was hoping I could get away with a sempron
Thank you for the response
01-25-2007, 12:48 PM #4Web Hosting Master
- Join Date
- Sep 2005
- Location
- In the office
- Posts
- 856
What are the specs of the current server?
01-28-2007, 08:44 PM #5Newbie
- Join Date
- Jan 2007
- Posts
- 12
Here's what I have:
Dual Xeon Woodcrest (2 cores each = 4 cores)
2 x 160 GB SATA in RAID1
I'd recommend getting too much rather than risk getting too little server. The price difference won't be much, but you'll benefit from improved performance. And of course you'll be able to stay on that box longer before needing to migrate in the future.
01-28-2007, 09:18 PM #6Vice Cheese
Originally Posted by three80Email: info ///at/// honelive.com
- Join Date
- Jan 2006
- Location
- Jersey
- Posts
- 2,965


text: The tuna dip is really good. Also, sometimes they have good local brews. I have noticed that there is a really big turn over in staffing . The atmosphere is somewhat dark and gloomy which is a bit off setting . Overall an ok experience . Maybe they should install more windows.


text:
Crash kills Ballston Spa motorcyclist
There are 6 comments on the Albany Times Union story from Jun 8, 2012, titled Crash kills Ballston Spa motorcyclist. In it, Albany Times Union reports that:
Paul G. Mendoza, 42, of Ballston Spa was driving east along North Shore Road just after 11 a.m. when he lost control of his 2012 Triumph motorcycle around a curve, Saratoga County sheriff's deputies said.
Join the discussion below, or Read more at Albany Times Union.
#1 Jun 8, 2012
my prayers go out to his family i worked with paul at hannaford
#2 Jun 9, 2012
My heart goes out to his family, god bless all. He was a nice man.
#3 Jun 9, 2012
my name is stephen mendoza. im from houston. he was my uncle. He was the heart of our family. the first to go to college and become sucessful and had a beautiful family. Speaking for my family We are very proud of him and will always love him.
United States
#4 Jun 9, 2012
My mother is Cynthia Pena now Toliver. My mother was his distant family and spoke so highly of his accomplishments and the kind of person she remembered him being when she lived in Texas. I'm praying for his family and all the other lives he touched. My deepest sympathy.
#5 Jun 10, 2012
My prayers to Paul Mendoza, my cousin, and his family as we are from Houston, TX and were notified of the death yesterday. I always remembered Paul as full of life and, even though we did not see each other regularly, he always put family first and always had kind words for all. WE will miss him greatly!
#6 Jun 11, 2012
Our heartfelt condolences to the Mendoza family. Paul was kind and always had a smile on his face. He worked with my husband at HEB in TX and Hannaford in NY. We were honored to know him and his beautiful family.
Tell me when this thread is updated:Subscribe Now Add to my Tracker
Add your comments below
Saratoga County Discussions
|Last By
|Saratoga County Arrest Mugshots and Criminal Re...
|Sep '16
|Q&A: Saratoga County Family Court Judge (Nov '08)
|Jul '16
|Clifton Park ZBA approves new Market 32 vote (Sep '15)
|Oct '15
|Mayor P
|Clifton Park ZBA being sued over its votes on M... (Aug '15)
|Oct '15
|Mayor P
|LaQuinta Inn & Suites latest hotel targeting Cl... (Jul '15)
|Oct '15
|Mayor P
|Chamber moving to a downtowna Clifton Park (Jun '15)
|Oct '15
|Mayor P
|Chamber of Southern Saratoga relocating to Clif... (May '15)
|Oct '15
|Mayor P
Find what you want!
Search Saratoga County Forum Now
Copyright © 2016 Topix LLC


text:
Upside-Down Meatloaf
Total Time
1hr 5mins
Prep 20 mins
Cook 45 mins
This is a favorite of my DH, and even I like it now and then (I'm not a huge fan of meatloaf). The brown sugar makes a crispy topping that is delicious. Serve with mashed potatoes, peas, and carrots.
Ingredients Nutrition
- 1⁄2 cup brown sugar
- 1⁄2 cup ketchup
- 1 1⁄4 lbs extra lean ground beef
- 1 3⁄4 cups oats
- 3⁄4 cup buttermilk
- 2 eggs
- 1 teaspoon salt
- 1 onion, chopped
- 1⁄4 teaspoon ginger
- Preheat oven to 350°F
- Lightly grease a 5x9-inch loaf pan.
- On the bottom of the pan, press brown sugar, then spread the ketchup over the sugar.
- In a large mixing bowl, combine remaining ingredients.
- Make loaf out of mixture and place it carefully on top of the sugar/ketchup mixture.
- Bake for 45 minutes to 1 hour, or until juice runs clear.
Most Helpful
It was good. I did use extra lean ground beef and thought that it was a little dry. Maybe using just regular ground beef would make it juicier? Or doubling the sauce (which was really tasty!)?


text:
Eileen Fisher Scoop Neck Tee
Eileen Fisher Viscose Jersey Scoop-Neck Tunic
Customer Rating:4.7/5
An absolute essential we love for layering, updated in silky jersey with a hint of Lycra®, a classic scoop neck, and flattering elbow-length sleeves. * By Eileen Fisher * Tunic length * Viscose jersey/Lycra® * USA PART OF EILEEN FISHER'S SYSTEM DRESSING A travel-savvy collection of some of Eileen's favorite silhouettes, System Dressing provides effortless style, comfort, and simplicity. F...
Price: $138.00