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June 28, 1982
UNITED STATES OF AMERICA V. VICTOR POSNER and WILLIAM SCHARRER, Defendants.
Defendants Victor Posner and William Scharrer have moved jointly for a transfer of this case to the Southern District of Florida pursuant to F.R.Cr.P. 21(b). For the reasons set forth herein, the motion is granted.
The defendants are charged in a 12 count indictment with inter alia conspiring to falsify defendant Posner's personal income tax returns and to evade over $1,200,000 in federal taxes between 1976 and 1979.
The indictment charges that Mr. Posner made two charitable contributions of land located in Miami, Florida, to a Florida tax exempt charitable organization, the Miami Christian College,
Mr. Scharrer is said to be the President and the majority shareholder of a Miami real estate brokerage firm and the indictment alleges that Mr. Scharrer twice provided an overstated appraisal of the fair market value of the lands donated by Mr. Posner to the college, and that Mr. Posner utilized these appraisals in claiming deductions on his individual tax returns for 1975 and 1978. With respect to the first transaction which allegedly took place in 1975, a 16 acre parcel was donated, claimed to have a total value of $2,000,000, when in fact, the indictment alleges, the defendants knew the land had a maximum value of only $640,000. Three years later, the indictment alleges, this procedure was repeated with respect to another parcel of six acres, also owned by Posner, and also donated to Miami Christian College, which Scharrer appraised at $1,050,000. Posner claimed a charitable deduction in that amount, although allegedly both defendants knew the six acres had a fair market value of not more than $360,000.
The sole nexus with New York and the jurisdictional predicate for the return of the indictment in this district, is that in each year, the allegedly false tax returns were prepared by Posner's accountant in New York City.
F.R.Cr.P. 21(b) provides that:
"For the convenience of parties and witnesses, and in the interest of justice, the court upon motion of the defendant may transfer the proceeding as to him or any one or more of the counts thereof to another district."
Judge Weinfeld has observed, in language often cited with approval (see, e.g., United States v. Griesa, 481 F.2d 276, 286 (2d Cir. 1973) (Timbers, J., concurring in part and dissenting in part)), that:
"As a general rule a criminal prosecution should be retained in the original district. To warrant a transfer from the district where an indictment was properly returned it should appear that a trial there would be so unduly burdensome that fairness requires the transfer to another district of proper venue where a trial would be less burdensome...." United States v. United States Steel Corporation, 233 F. Supp. 154, 157 (S.D.N.Y. 1964).
But, although transfer motions are not favored, as Judge Weinfeld's decision granting transfer in United States v. Alter, 81 F.R.D. 524 (S.D.N.Y. 1979) indicates, and as the Rule itself dictates, there are circumstances where transfer is appropriate. The determination of whether a particular case calls for transfer depends upon the peculiar facts and circumstances of that case. Accordingly, we can consider seriatim the factors enumerated by the Supreme Court in Platt v. Minnesota Mining Co., 376 U.S. 240, 11 L. Ed. 2d 674, 84 S. Ct. 769 (1964) relevant to this determination: 1. the location of the defendants, 2. the location of possible witnesses, 3. the location of events in issue, 4. the location of documents and records, 5. the disruption of defendant's business, 6. expense to the parties, 7. location of counsel, 8.relative accessibility of place of trial, 9. docket condition of each district, and 10. "any other special elements which might affect the transfer."
1. Location of the defendants.
Both defendants reside in Miami -- a factor favoring transfer to the Southern District of Florida.
2. Location of witnesses.
Most of the witnesses reside in Miami.Indeed, it would appear that the only New York based witness would be the accountant who prepared the tax returns based on information furnished by the defendants from Florida.
Defendants assert that:
"Other than the defendants themselves, it can be predicted that the trial witnesses will include the following Miami area residents: the principals of the Miami real estate development firm that purchased the land from Mr. Posner in 1974; the President, Board members, and legal counsel of Miami Christian College; Mr. Leonard Bisz; those persons who attended the various meetings that transpired preliminary to the land sales and contributions; the recent purchasers of the land in question; a number of experts who will testify about the value of the land at issue; Dade County zoning officials and experts on local zoning law; real estate brokers and prospective buyers involved in offerings of the subject land in 1974 and 1975 and in 1977; and of course, most of the character witnesses for the defendants." Defendants' Memorandum, p.9.
The defendant Scharrer places particular stress on his desire to call certain local (i.e., Miami-based) elected officials (whom his counsel identified at oral argument) as character witnesses and the special problems which Scharrer would face in inducing such busy officials to travel to New York to testify as character witnesses on his behalf.
The factor of location of witnesses strongly favors transfer.
3. The location of events in issue.
The location of events in issue is a consideration which favors transfer. Counsel for Posner asserts that all of the operative events in the case took place within a ten mile radius of the Miami courthouse.
Defendants urge the Court "to recognize that a Florida jury will be better able to judge the reasonableness of Mr. Posner's deductions than a New York jury simply because they will have a greater awareness of the historical sales trends and patterns of development in the locale in question." Defendants' Memorandum, p.10.
We have some difficulty in accepting the concept of a jury deciding a case based on its own personal knowledge rather than the evidence in the record -- a notion which calls to mind the ancient English common law practice of chosing jurors because of their familiarity with the facts at issue at the trial. Photographs, maps and expert testimony can more accurately and properly deal with these issues, rather than a juror's preconception of land value.
Defendants assert, however, "it is entirely possible that the defendants will request the opportunity to have the jury view the land for themselves." Defendants' Memorandum, p.11.A view, while usual in civil condemnation cases, is less common in criminal cases and the grant of a request for a view rests in the sound discretion of the trial judge.
The Government's objection that a view by the jury would be inappropriate because the issue in the case is only the value of the land between the years 1975 and 1978 is somewhat diluted by virtue of the fact that the land was then and is now (we were advised at oral argument) unimproved real estate, which of course has not changed in the interim, although the surrounding neighborhood may have undergone considerable change.
Although whether the defendants will request a view and if requested, whether the court would grant a view, are both conjectural, what is, of course, a certainty is that this option will be foreclosed unless the motion to transfer is granted. The factor of location of events favors transfer.
4. The location of documents.
The location of documents and records is not a major concern in these days of easy and rapid transportation. The Government asserts that it has five file drawers of documents but does not dispute that they are readily transportable.Defendants assert that "many of the documents and records relevant to the defense's case are located in Miami." Defendants' Memorandum, p.11. This factor is in equilibrium insofar as transfer is concerned.
5. The disruption of defendant's business.
The disruption of defendants' business is a factor in favor of Miami, although this concern is considerably mitigated by the relatively brief (2-3 weeks) anticipated duration of the trial.Nevertheless, defendants (especially defendant Scharrer) would appear likely "to suffer adverse financial consequences" (Defendants' Memorandum, p.11) if transfer is denied. This factor favors transfer.
6. Expense to the parties.
The Government addressed this issue by an extensive recitation of Posner's wealth and the contention that both defendants are "men of substantial means" (Government's Memorandum, p.9) who "have failed utterly to offer specifics about any possible financial hardship...". Government's Memorandum, p.19.
At oral argument, counsel for Scharrer asserted that Scharrer was on the verge of bankruptcy, a contention which the Government's attorney stated took him by surprise. Scharrer was allowed time to file an affidavit as to his financial condition and he has done so. The Government by letter dated June 24, 1982 points persuasively to the gaps in Mr. Scharrer's affidavit as to his financial posture and his failure to account fully for all assets at his disposal and the disposition of funds previously available to him. Were this the decisive factor with respect to the motion, we might pursue the Government's suggestion that there be further inquiry into Mr. Scharrer's financial ability to stand trial in New York. We do not so regard this consideration and assume for these purposes that although trial in New York City would of course be more expensive for the defendants, it would not be beyond their financial capacity.
7. Location of Counsel.
Location of counsel is not a decisive factor in this case. Posner's attorney is headquartered in Washington, D.C. but readily agrees that he practices nationally. Scharrer's counsel has newly entered this case, fully aware that it was scheduled for trial in New York in September.
8. Relative accessibility of place of trial.
Relative accessibility of place of trial is a neutral factor; both New York and Miami are well served by air and other public transport.
9. Docket condition of each district.
We believe that the most serious factor weighing against transfer is the state of the docket in Miami and the effect which the transfer might have in delaying the trial of this case presently set for September 13, 1982.The Government urges that "a transfer moreover will compound the problem of judicial administration in the Southern District of Florida, where 4,000 indictments are anticipated in the near future." Government's Memorandum, p.19. The defendants' reply that the concerns with regard to the Miami docket are all prospective and somewhat conjectural. This Court's independent inquiry as to the state of the Miami docket confirms the accuracy of defendants' description. Moreover, if the consequence of a transfer of this case would be to occasion untoward delay in its being reached for trial, other procedures are available to enable the trial to go forward expeditiously.
However, the criminal docket in this Court is relatively current and although, as indicated above, the docket problem is not insurmountable, this factor tilts against transfer.
10. Any other special elements which might affect the transfer.
Finally, we consider the tenth factor which Platt enumerates, i.e., "any other special element which might affect the transfer." Defendants raise the question whether the Government may have unfairly attempted to gain an advantage over the defendants by chosing a forum because of its inconvenience, basing venue on "the slimmest of reeds." Defendants' Memorandum, p.13. Defendants cite United States v. Johnson, 323 U.S. 273, 89 L. Ed. 236, 65 S. Ct. 249 (1944) for the admonition that courts should take into account the constitutional guarantee that criminal trials take place in the district where the crime was committed. But of course, Johnson considered a similar broad venue provision and rejected the constitutional challenge. The only inquiry mandated by Johnson is into the question whether the prosecution has chosen this venue abusively, i.e., in order to gain an advantage by inconveniencing the defendant. See United States v. Gruberg, 493 F. Supp. 234, 242-43 n.5 (S.D.N.Y. 1979).We agree with the Government that there has been no showing that the Government purposely sought to burden these defendants by choosing this forum. The Government contends that it returned the indictment here "simply because this lengthy [2 year] investigation was conducted here, all documents, exhibits and files are located here and relevant, substantive events -- the preparation of the false income tax returns -- occurred here." Government's Memorandum, p.18 (citing United States v. Gross, 276 F.2d 816, 819 (2d Cir.) cert. denied, 363 U.S. 831, 80 S. Ct. 1602, 4 L. Ed. 2d 1525 (1960), for the proposition that venue is proper in the district where tax returns were prepared in a tax fraud case).
Although we do not find that there was any deliberate abusive conduct on the Government's part, the short of it is that in every significant aspect, this is a peculiarly and inherently Florida case. Balancing all of the considerations enumerated above and applying the standard of United States v. United States Steel Corporation, supra, we find that: "fairness requires the transfer to another district of proper venue where a trial would be less burdensome." Accordingly, the motion to transfer is granted and the Clerk of this Court is directed forthwith to take all steps necessary to transfer the case to the Southern District of Florida.
Motion to transfer granted.
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Berkshire Hathaway HomeServices Northwest Real Estate
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Last Updated: 12/2/2016 4:15 PM
Description for 27005 SE 146th Street Issaquah, WA 98027
Shy 5 acre estate in developed area, apprx 7 miles from Downtown Issaquah!Build a home in a park-like setting w/stunning views.Apprx 30 min to Seattle, Bellevue or Kirkland.Highly sought after Issaquah Schools.Next to Tiger Mtn St Forest w/ walking/biking trails abound.Existing homes border the property w/ well water & on Septic. Electricity in Street & Propane tank for gas.Can be purchased w/ MLS976925,a 2nd shy 5 acre lot directly next door,to build 2 homes or combine for shy 10 acre estate.
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New Jersey Superior Court, Law Division
Decided: December 23, 1976.
MARIA MUNIZ AND JAIME MUNIZ, PLAINTIFFS,v.UNITED HOSPITAL MEDICAL CENTER -- PRESBYTERIAN HOSPITAL, DEFENDANT
O'Neil, J.c.c., Temporarily Assigned.
[146 NJSuper Page 513]
Defendant moves for an order dismissing the complaint in this case for failure to state a claim on which relief can be granted (R. 4:6-2 & 3). The issue thus raised is whether the events constitute the so-called tort of "outrage," and if so, whether such a cause of action has been or should now be recognized in New Jersey. The complaint is drawn in two counts, in the first of which the following narrative is found.
Plaintiffs are husband and wife, and on April 21, 1975 Mrs. Muniz gave birth prematurely to a baby boy at St. Michael's Hospital in Newark. The infant manifested symptoms of respiratory distress and was immediately transferred from St. Michael's Hospital to the Presbyterian Hospital Unit of defendant corporation, where necessary facilities for treatment of the baby were available. The mother remained at St. Michael's. Unfortunately, the infant died at Presbyterian two days after birth.
On the day before the death the mother had telephoned defendant hospital and been advised that the infant was in good condition. Yet, on that same day when plaintiff-father sought to visit the infant he was not permitted to see the child and learned nothing of its condition. At about 9:30 in the evening of April 23, however, the mother received a telephone call at her hospital room in St. Michael's from "an unidentified agent, servant or employee of the defendant" who stated that the baby's heart had stopped
[146 NJSuper Page 514]
beating and the baby was dead. The mother became hysterical and required a sedative.
The complaint then describes plaintiffs' efforts to verify the death and to get the body for burial if the report were true, alleging that between April 24 and May 14, 1975 constant and repeated personal inquiries of defendant hospital failed to establish the veracity of the telephone report and left them uncertain whether the baby was dead or alive. In personal visits by the father and telephone inquiries by the mother they were told each time that the person spoken to did not know whether the baby was alive or dead or why its body had not been made available to the parents. On May 15, 1975 Mr. Shamus, a hospital employee, told the mother that he had ascertained the baby was dead but was not able to locate the body. Finally, on May 16, 1975 -- more than three weeks after the baby's death -- he advised that the baby's body had been located "upstairs" and asked them to claim it. Presumably, they did so.
The foregoing appear to be all the facts alleged in the complaint and are stated in the first five paragraphs of the first count. No issue is made of the care given to the baby, and damages are not sought because of the death. Instead, paragraph 6 characterizes the recited events as negligent deviation in a number of respects from standard methods of hospital administration. It complains that defendant failed to advise the parents of the baby's death "as expeditiously and humanely as possible," delivering instead a "callus [sic], offhand announcement by an unidentified telephoner to a hospitalized woman in the dead of the night coldly announcing the death of a newborn infant." This feature was asserted to violate "any and all bound of humanity" and to be a "gross deviation from any and all accepted mode of administration or conduct in connection with such a medical incident." Similar negligent deviation is asserted in the "failure to invoke any humane follow up procedure by either personal or even written contact with the plaintiffs to advise
[146 NJSuper Page 515]
them as to the factual background leading to the baby's death" or to "formally" notify them of the child's death.
The final negligence alleged is the "gross and callus [sic] failure to maintain a system of locating corpses of patients who expire while hospitalized" so that the infant's body was "presumable' [sic] [emphasis supplied] lost or missing while under defendant's control for over three weeks. According to paragraph 7 of the first count the effect of all this was that both plaintiffs "were subjected to intense, prolonged and unrelenting emotional anguish, distress and anxiety which plagued them down to the filing of' the complaint.
It thus seems fair to observe that the first count asserts simple negligence, notwithstanding the generous use of modifiers such as "callous," "coldly" and "gross."
The second count consists of three paragraphs, the first of which repeats and incorporates the allegations of the first count. The second paragraph reads:
2. The plaintiffs jointly and severely [sic] assert that the above stated conduct of the defendant, United Hospitals Medical Center -- Presbyterian Hospital taken at its most liberal and fair interpretation still constitutes outrageous conduct by means of the gross and wanton negligence of the defendant as constituting an intentional infliction of mental and physical suffering to both plaintiffs.
In paragraph 3 plaintiffs specifically plead "the tort of outrage * * * by reason of a conduct generally unacceptable to either business or professional intercourse within the community."
The second count, therefore, contains no different facts than those stated in the first count and the description of defendant's conduct as intentional is simply a gratuitous and argumentative characterization by the pleader of the same facts recited in the first count. Indeed, at oral argument on the motion plaintiffs' attorney acknowledged that the second count contained and relied on no additional factual allegations. This is significant in deciding what well pleaded facts are admitted by defendant for the purposes
[146 NJSuper Page 516]
of this motion. The only other difference between the two counts is that the ad damnum clause in the second count seeks punitive damages, whereas only simple damages are sought under the first count.
Furthermore, except for what may be indicated by the reference to "intense, prolonged and unrelenting emotional anguish, distress and anxiety,' there is no allegation of physical illness or hurt, and apart from the sedative administered on April 23, no reference at all to any treatment, whether the effects of the events be regarded as physical, mental or emotional.
Defendant's argument in support of its motion is that New Jersey has not allowed a cause of action for mental anguish in the absence of physical impact upon plaintiff and physical trauma resulting from the anguish. Additionally, it asserts that defendant's alleged conduct is not "so extreme and outrageous as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community," which it views as the essence of such a tort.
Plaintiffs' response is two-fold. They assert, first, that physical suffering as contrasted with simple mental or emotional anguish is alleged in paragraph 2 of the second count. Additionally, they assert defendant's conduct to have been so gross, wanton and outrageous as to warrant punishment by assessment of damages.
The tort of "outrage" has apparently been dealt with in New Jersey under that express label only once, Hafner v. Hafner , 135 N.J. Super. 328 (Law Div. 1975). The principal conduct there complained of -- deliberate interference by a stepson and his wife with a father's affection for plaintiff-stepmother -- was found as a matter of law not to "amount to the type of outrage necessary to establish a cause of action" (135 N.J. Super. at 334). That particular aspect of the complaint really sounded in alienation of affections, and therefore recovery was barred in any event by the Heart Balm Act, N.J.S.A. 2A:23-1. However, in reviewing the
[146 NJSuper Page 517]
local cases which had allowed recovery for emotional distress, the court noted a useful distinction between those cases where such distress was simply an element of damages caused by an independently recognized substantive tort, and those where the infliction of emotional distress was itself alleged to be the tort.
This distinction is not only useful but necessary in evaluating as precedents the many cases in New Jersey and elsewhere which have been considered the compensability of mental distress.
Until about a decade ago New Jersey had traditionally denied recovery for emotional distress resulting from fright, holding that physical suffering was not a probable or natural consequence of fright in "a person of ordinary physical and mental vigor," and that one had the right to assume that persons likely to be affected by one's acts "are of average strength both of body and of mind." Ward v. West Jersey and Seashore R. Co. , 65 N.J.L. 383, 385 (Sup. Ct. 1900). However, a less spartan view of the average citizen's emotional vulnerability was adopted in Falzone v. Busch , 45 N.J. 559 (1965). Recovery is now allowed where negligence causes fright from a "reasonable fear of immediate personal injury" producing "substantial bodily injury or sickness," and such injury or sickness would have been compensable to plaintiff if it had resulted from physical impact rather than fear, 45 N.J. at 569.
There are similar recent decisions in vehicular cases in other states, and plaintiffs in the present case cite them in support of their cause: Dillon v. Legg , 68 Cal. 2d 728, 69 Cal. Rptr. 72, 441 P. 2d 912 (Sup. Ct. 1968); D'Amicol v. Alvarez Shipping Co., Inc. , 31 Conn. Sup. 164, 326 A.2d 129 (Super. Ct. 1973); Leong v. Takasaki , 55 Hawaii. 398, 520 P. 2d 758 (Sup. Ct. 1974); D'Ambra v. U.S. , 338 A.2d 524 (R.I. Sup. Ct. 1975). However, although these cases did deal generally with the compensability of emotional disturbances, their fact patterns presented the kind of ordinary negligence which has always been actionable by plaintiffs
[146 NJSuper Page 518]
who had sustained provable damages. None of them made a new kind of conduct tortious. They simply expanded the scope of damages in universally recognized torts. However, the significant judicial exercise in an "outrage" case is not so much the inquiry into plaintiffs' damages as it is the qualitative appraisal of defendant's conduct, its motivation and deliberateness.
In a word, the tort of "outrage" is more than negligence.
The Restatement, Torts , 2d, § 46(1) at 71 (1965), under the caption of "Outrageous Conduct Causing Severe Emotional Distress," puts it this way:
One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
Dean Prosser explains the tort as follows:
In the great majority of the cases allowing recovery the mental distress has been inflicted intentionally, either in the sense that the defendant desired to cause it, or that he knew that it was substantially certain to follow from his conduct. There are, however, a few cases which indicate that liability for extreme outrage is broader than intent, and that it extends to situations in which there is no certainty, but merely a high degree of probability that the mental distress will follow, and the defendant goes ahead in conscious disregard of it. This is the type of conduct which commonly is given the name of wilful or wanton, or sometimes recklessness. [Prosser, Law of Torts , (4 ed. 1971) § 12 at 60; emphasis supplied]
Yet, justification for caution in appraising cases where only emotional effects are alleged is found in then -- Professor Calvert Magruder's perceptive review of the cases extant four decades ago:
Conceivably a principle might have been developed that mental distress purposely caused is actionable unless justified, thus casting upon the defendant the burden of establishing some privilege by way of rebutting the prima facie liability. That this was not done is hardly to be ascribed to any inherent difficulty in assessing damages, as has already been indicated. Rather, it was due to policy considerations of a different sort. Adoption of the suggested principle
[146 NJSuper Page 519]
would open up a wide vista of litigation in the field of bad manners, where relatively minor annoyances had better be dealt with by instruments of social control other than the law. Quite apart from the question how far peace of mind is a good thing in itself, it would be quixotic indeed for the law to attempt a general securing of it. Against a large part of the frictions and irritations and clashing of temperaments incident to participation in a community life, a certain toughening of the mental hide is a better protection than the law could ever be. Furthermore, in an ad hoc manner, and perhaps not very scientifically, the courts have in large measure afforded legal redress for mental or emotional distress in the more outrageous cases, without formulating too broad a general principle. [Magruder, "Mental and Emotional Disturbance in the Law of Torts," 69 Harv. L. Rev. 1033, 1035 (1936)]
The classic illustration of this tort cited by Professor Magruder (op. cit. at 1045) is Wilkinson v. Downton , 2 Q.B. 57 (1897) where defendant had to respond in damages for a lady's illness caused by his completely fabricated story of serious injuries to her husband. Indeed, this is the first illustration of the tort offered in the commentary to § 46 of the Restatement. In a variation on this theme, a jury question was held to exist concerning the ruse of a sheriff who held a valid warrant for the plaintiff's commitment, but sought to entice her to a hospital with a tale that her husband and baby were there badly injured. Savage v. Boies , 77 Ariz. 355, 272 P. 2d 349 (Sup. Ct. 1954). Other "outrages" were: a fulfilled threat to kill plaintiff's husband, Knierim v. Izzo , 22 Ill. 2d 73, 174 N.E. 2d 157 (Sup. Ct. 1961); a physician's cold and heartless refusal to treat plaintiff's baby in an emergency, Rockhill v. Pollard , 259 Or. 54, 485 P. 2d 28 (Sup. Ct. 1970); persistent, uninvited and unwanted solicitations to the female plaintiff to engage in illicit sex relations, Samms v. Eccles , 11 Utah 2d 289, 358 P. 2d 344 (Sup. Ct. 1961), and a suicide by throat-cutting in plaintiff's kitchen (at least if intended to produce the shock and upset which occurred), Blakeley v. Shortal's Estate , 236 Iowa 787, 20 N.W. 2d 28 (Sup. Ct. 1945).
Perhaps the kind of "everyday" conduct most easily tabbed as "outrage" was the brazenness of overbearing insurance adjusters
[146 NJSuper Page 520]
who subjected ill and feeble plaintiffs in their sick beds to persistent, rude and accusatory questioning, resulting in aggravation of their illnesses. Interstate Life & Acc. Co. v. Brewer , 56 Ga. App. 599, 193 S.E. 458 (Ct. App. 1937); Continental Cas Co. v. Garrett , 173 Miss. 676, 161 So. 753 (Sup. Ct. 1935); Pacific Mut. Life Ins. Co. of Cal. v. Tetirick, 185 Okl. 37, 89 P. 2d 774 (Sup. Ct. 1939), and National Life & Acc. Ins. Co. v. Anderson , 187 Okl. 180, 102 P. 2d 141 (Sup. Ct. 1940). In each case it was held that if the adjuster knew or should have known the likely consequences of his conduct, a tort liability could be established.
In Price v. Yellow Pine Paper Mill Co. , 240 S.W. 588 (Tex. Civ. App. 1922), an employer was held liable for a wife's miscarriage emotionally triggered when the husband was brought home bloody and bruised after an on-the-job accident. He had asked his foreman not to take him home, accurately foretelling his pregnant wife's emotional reaction. Although certainly no injury was intended, the foreman was on notice of the possible consequences and nevertheless persisted.
Except for one of the corpse cases collected infra , the closest New Jersey seems to have come to decisions like the foregoing is in Harris v. D.L. & W.R. Co. , 77 N.J.L. 278 (Sup. Ct. 1909), where damages were affirmed for the embarrassment, indignity and ignominy of a passenger when a surly and insolent conductor wrongly confiscated his commutation ticket.
One feels the same outcome ought to have resulted in Oehler v. L. Bamberger & Co. , 4 N.J. Misc. 1003, 135 A. 71 (Sup. Ct. 1926). A salesman left a vacuum cleaner with plaintiff, who had refused to purchase it. He returned months later and demanded payment. Upon refusal he threatened plaintiff with arrest and otherwise conducted himself in an overbearing and intimidating manner. According to the complaint, she was so severely frightened that she was stricken with apoplexy. In affirming a nonsuit the court
[146 NJSuper Page 521]
recognized the reprehensible nature of the conduct, but found the effects alleged were not the natural and probable consequences to a normally stable person.
The absence of this essential element of predictability also produced the result in Justesen v. Pa. R. Co. , 92 N.J.L. 257 (Sup. Ct. 1918). Plaintiff there was a passenger stranded overnight in Union Station, Washington, because of an infantile paralysis epidemic, which she had been advised in advance would not interfere with her journey. She alleged severe and extended distress and mortification and illness which kept her in bed for two weeks. A verdict for plaintiff was reversed because, again, her complaints were found not to be either the necessary or natural effect of the misinformation.
In all of the cases in this line the tort was more than ordinary negligence. Each of them in some way met the Restatement prescription of intentional or reckless conduct and, where reckless, they also present the element Prosser suggests as constituting that quality, i.e. , the conscious disregard of highly probable consequences. Thus it is deliberateness -- real or constructive -- which separates the "outrage" cases as a special class of emotionally consequential torts.
Does the complaint here demonstrate such intentional or consciously reckless conduct by defendant hospital? It does if the second count can be taken at its literal face value, and the adjective "intentional" regarded as a well-pleaded fact. However, it is entirely clear that the second count does not recite any new facts. Rather it is a theoretical reconstruction of exactly the same facts set out in the first count, and a motion to dismiss does not accept an adversary's theories; only the truth of the facts which he recites. Clark v. Associated Retail Credit Men , 70 App. D.C. 183, 105 F.2d 62, 69 (D.C. Ct. of App. 1939), dissenting opinion of Judge (later Chief Justice) Vinson. Accordingly, defendant by the present motion does not admit the argumentative assertion in the second count of intentional conduct, and no suggestion of deliberateness is found in the events narrated
[146 NJSuper Page 522]
in the first count. The question whether the facts of the first count support the theory suggested in the second must therefore be decided as question of law.
Once the baby has died, no one could dispute that the perents had a right to know of the death, and the hospital a duty to inform them. The news, perhaps, could have been broken more gently, but one doubts that the resulting grief would have been any less. Judge (now Chief Judge) Breitel's concluding comments in Tobin v. Grossman , 24 N.Y. 2d 609, 301 N.Y.S. 2d 554, 249 N.E. 2d 419 (Ct. App. 1969), are apposite:
Beyond practical difficulties there is a limit to attaining essential justice in this area. While it may seem that there should be a remedy for every wrong, this is an ideal limited perforce by the realties of this world. Every injury has ramifying consequences, like the ripplings of the waters, without end. The problem for the law is to limit the legal consequences of wrongs to a controllable degree. The risks of indirect harm from the loss or injury of loved ones is pervasive and inevitably realized at one time or another. Only a very small part of that risk is brought about by the culpable acts of others. This is the risk of living and bearing children. It is enough that the law establishes liability in favor of those directly or intentionally harmed. [301 N.Y.S. 2d at 561, 249 N.E. 2d at 424]
The most that can be said of the brief, true, but unwelcome telephone announcement is that it was careless to have conveyed the message without any prior warning. Even such a theory, however, simply demonstrates negligence, and the Restatement views such negligence as actionable only if the actor should have recognized that his or her conduct involved "an unreasonable risk of bodily harm." Restatement, Torts 2d, § 436 at 456. No such risk appears in this case, and even if it did, the bodily harm did not occur, and § 436A of the Restatement would again suggest no liability for negligence:
If the actor's conduct is negligent as creating an unreasonable risk of causing either bodily or emotional disturbance to another, and it results in such emotional disturbance alone, without bodily harm
[146 NJSuper Page 523]
or other compensable damage, the actor is not liable for such emotional disturbance.
There seems no reason to quarrel with the Restatement formulas defining this type of tort. They are supported by the fact situations of the cases mentioned above. They make sense. Hence, the telephone call announcing the baby's death does not constitute a cause of action. It is not actionable as "outrage" for lack of deliberateness. It is not actionable as negligence because no physical hurt or other compensable damage resulted.
What is to be said, then, about the other object of plaintiffs' complaint, viz. , the astonishing delay in locating the baby's body?
It does not appear that the parent's inquiries were handled rudely or indifferently; simply, that the people to whom inquiries were made could not locate and identify the baby's body. Possibly the rather unusual presence in the hospital of a newborn baby taken there in an emergency without its mother eluded normal identification procedures. Possibly this was an anomalous situation which an ordinarily well-managed hospital could not be expected to have foreseen in establishing its routine procedures. If so, the loss of the body would not constitute negligence. However, even if it did, the Restatement, § 436A, supra at 461, would again indicate that plaintiff should not recover. Notwithstanding these technical dictates of logic, one has an almost unavoidable reaction that a hospital's misplacement of a body of an expired patient -- even such a recently born infant -- for some three weeks is inexcusable. The real question, therefore, becomes, in this phase of the case, does "inexcusable" equate with "actionable"?
Admittedly, many of the cases where recovery was allowed for the effects of emotional disturbances concerned misplaced, mishandled or mutilated dead bodies. New Jersey has allowed such a recovery, not as negligence or "outrage," but for infringement of plaintiff's property right in a dead body
[146 NJSuper Page 524]
and its burial. Spiegel v. Evergreen Cemetery Co. , 117 N.J.L. 90 (Sup. Ct. 1936). At the same time, evolving a property right "out of thin air" to justify such a recovery has been said by Dean Prosser to be "a fiction likely to deceive no one but a lawyer" when "in reality the personal feelings of the survivor are being protected" (Prosser, op. cit. , § 12 at 59). Chief Judge Breitel agrees that is the protective intent. Johnson v. State , 37 N.Y. 2d 378, 372 N.Y.S. 2d 638, 642, 334 N.E. 2d 590, 593 (Ct. App. 1975). However, despite the generality of this last comment, an examination of the actual cases in which such recoveries have been had indicates that in all of them there were allegations or proof of positive conduct toward the body, usually in the presence of the plaintiffs, which was clearly offensive. It is hard to find a case awarding damages because of a simple failure of a defendant to act. Most recoveries were against undertakers or common carriers, where there is always present an element of breach of a commercial contract. Recoveries against hospitals are rare, and research has not found one based upon a simple inability to locate the body.
In Spiegel v. Evergreen Cemetery Co., supra , the cemetery had dug the grave in a wrong lot; agreed to dig it in the right lot and re-inter later in the day in plaintiffs' presence, but then did so before plaintiffs' arrival, and back-filled the grave. Months later it agreed to reopen the grave, allow identification and re-inter. The relatives had to gather on two more occasions before burial was finally and correctly accomplished.
In Renihan v. Wright , 125 Ind. 536, 25 N.E. 822 (Sup. Ct. 1890), damages for mental anguish resulted from an undertaker's breach of a contract to take and keep the body of a dead child until the parents were ready to bury it. Burial was prematurely made without plaintiffs' knowledge or presence. In Blanchard v.. Brawley , 75 So. 2d 891 (La. App. 1954), an acetylene torch was used in the presence of obvious gasoline fumes to extricate a coffin after collision with a truck. A conflagration ensued which horribly mutilated
[146 NJSuper Page 525]
the body. In Lindh v. Great Northwestern R. Co. , 99 Minn. 408, 109 N.W. 823 (Sup. Ct. 1906), a carrier negligently left a casket out-of-doors exposed to the elements, resulting in mutilation and disfigurement of the corpse. In Boyle v. Chandler , 33 Del. 323, 138 A. 273 (Sup. Ct. 1927), an undertaker was liable for transferring a body from the casket selected by plaintiff to another because the chosen casket would not fit into the shipping case available. The body was affected somewhat and the deceased's clothing disarranged. Recovery was allowed for mental suffering resulting from grossly negligent or wantonly malicious conduct. Undertakers were also held responsible for mental anguish caused by poor performance of their contracts in Brown Funeral Homes v. Baughn , 226 Ala. 661, 148 So. 154 (Sup. Ct. 1933) (negligent embalming); Lamm v. Shingleton , 231 N.C. 10, 55 S.E. 2d 810 (Sup. Ct. 1949) (water and mud seeped in, forcing casket above the ground), and Carey v. Lima, Salmon & Tully Mortuary , 168 Cal. App. 2d 42, 335 P. 2d 181 (D. Ct. App. 1959) (poor embalming resulting in body arriving at distant destination in decaying condition).
Except in New York it is difficult to find cases in which recoveries for mishandling of bodies were allowed against hospitals.
A recent Tennessee case allowed recovery on a theory of either breach of contract or the tort of outrage against a hospital in a repulsive situation. Johnson v. Woman's Hospital , 527 S.W. 2d 133 (Ct. App. 1975). A premature child died at the hospital shortly after birth, and the mother believed the hospital had attended to burial. A pathologist's report later seen by chance at her doctor's raised doubts, and the doctor's nurse accompanied her to the hospital. There she was handed a jar of formaldehyde in which was floating the discolored and shrivelled body of her premature fetus.
In New York the principal recoveries have been against the state in the Court of Claims for incidents in state hospitals. In Lott v. State , 32 Misc. 2d 296, 225 N.Y.S. 2d
[146 NJSuper Page 526]
434 (Ct. Cl. 1962), two patients, one Catholic and one Jewish, died in the Brooklyn State Hospital at about the same hour; their bodies were delivered to designated undertakers, but their identifying tags were negligently interchanged. Thus, the body bearing the Catholic's name was embalmed and cosmeticized and rosary beads were twined in its hands, violating the religious restrictions of the Jewish family. It was noted that "damages will be awarded against any person who * * * improperly deal with the decedent's body." 225 N.Y.S. 2d at 436.
In Weingast v. State , 44 Misc. 2d 824, 254 N.Y.S. 2d 952 (Ct. Cl. 1964), a Catholic and a Jewish patient had themselves prankishly switched identities several years before one of them died at the Pilgrim State Hospital. In the belief that the Catholic had died, burial was had in the hospital cemetery according to Catholic rites. Later the relatives of the Jewish patient recognized that the survivor was not their relative. The negligence alleged was the failure to exercise proper supervision over the live patients, and the improper handling of the body was found to be a logical result of the original negligence. Two complaining relatives were awarded only $600 each, since neither had visited the patient for four years.
In Johnson v. State, supra , Hudson River State Hospital had two patients by the same name, and the wrong next of kin were notified when one died. The error was discovered by the kin of the living patient on the first afternoon of the wake for their supposedly deceased relative. The body was immediately returned, the daughter of the living patient became hysterical, was absent from work for 11 days, and for months afterwards had nightmares and terrifying dreams due to what was testified to as an anxiety neurosis. The court was satisfied that there were adequate objective manifestations of this neurosis. The Court of Claims had awarded the daughter damages for both the funeral expenses and emotional harm, but denied punitive damages. The Appellate Division had limited the
[146 NJSuper Page 527]
award to the amount of erroneous expenditure for the funeral, and otherwise affirmed. The Court of Appeals reversed, allowing recovery "for emotional harm sustained by her as a result of negligent misinformation given by the hospital that her mother had died." 372 N.Y.S. 2d at 639, 334 N.E. 2d at 591.
However, it is significant that Chief Judge Breitel, writing for a majority of the Court of Appeals, gave special attention to the question of whether physical consequences of emotional trauma are essential to the recovery:
One to whom a duty of care is owed, it has been held, may recover for harm sustained solely as a result of an initial negligently-caused psychological trauma, but with ensuing psychic manifestation, with residual physical manifestation. [Citation omitted] In the absence of contemporaneous or consequential physical injury, the courts have been reluctant to permit recovery for negligently caused psychological trauma, with ensuing emotional harm alone. [372 N.Y.S. 2d at 641, 334 N.E. 2d at 591-592]
The opinion then notes that the reason for such a restriction suggested by Prosser (op. cit. 1 § 54 at 328) is a guarantee of trustworthiness in the "ordinary case". Prosser, however, as the court observes, points to "two groups of special cases" where mental disturbance alone has produced a recovery. One of these groups "has involved the negligent mishandling of corpses." Id. at 329. These cases, Prosser believes, present "an especial likelihood of genuine and serious mental distress, arising from the special circumstances, which serves as a guarantee that the claim is not spurious." Id. at 330. Since the other class mentioned is the negligent transmission of a telegram announcing death, which in a minority of states justifies recovery, it is clear that a natural sensitivity to the grief of mourners is the only special circumstance which is a significant contributor to the relaxation of the physical consequence requirement suggested for the "dead body cases."
[146 NJSuper Page 528]
For Prosser concludes his commentary on this phase, suggesting that there may be other areas with similar potential for trustworthiness, adding:
Where the guarantee can be found, and the mental distress is undoubtedly real and serious , there is no essential reason to deny recovery. But cases will obviously be rare in which mental anguish, not so severe, as to cause physical harm, will be so clearly a serious wrong worthy of redress , or sufficiently attested by the circumstances of the case. [Id. at 330; emphasis supplied.]
Interestingly, the Court of Appeals' ruminations on these passages in Johnson v. State, supra , having started with an awareness of the normal requirement of physical symptoms to support a recovery in negligence for emotional disturbance, found its plaintiff's emotional harm compensable, "especially if supported by objective manifestations of that harm." 372 N.Y.S. 2d at 642, 334 N.E. 2d at 593; emphasis supplied.
Hence both the court and the text writer give something less than unqualified support to the principle that emotional disturbance alone gives rise to liability for negligence involving a corpse.
In the cases previously cited, where recovery was allowed for mishandling dead bodies, there were certain objective circumstances found which are not alleged in the present case. In most of them defendant was an undertaker or a common carrier who was guilty of breach of a contract which required certain specific conduct with respect to the dead body. Where recovery was against a hospital, the handling was either shockingly gross, as in Johnson v. Women's Hospital, supra , the body was delivered to others than the next of kin, religious ritual was frustrated, or plaintiff was caused an expenditure of money. Damages were awarded to compensate for some or all of those elements, none of which appears in the instant case.
Since the allegations here do not fit any of the fact patterns which have supported relief in the cited cases, it would broaden this area of tort law to sustain this complaint,
[146 NJSuper Page 529]
and this defendant does not appear to be the appropriate guinea pig for such experimentation.
Defendant is a private voluntary hospital, nonprofit and charitable in nature, the kind of institution which traditionally was immune to suit for its own negligence at the instance of those who are beneficiaries of its services. Of course, that immunity was judicially terminated, Collopy v. Newark Eye & Ear Infirmary , 27 N.J. 29 (1958), but the Legislature quite promptly restored it in limited fashion (L. 1959, c. 90; N.J.S.A. 2A:53A-7 through 11.) According to § 4 of the 1959 enactment (N.J.S.A. 2A:53A-10) the act is "remedial and shall be liberally construed so as to afford immunity to the said corporations, societies and associations from liability as provided herein in furtherance of the public policy for the protection of nonprofit corporations , societies and associations organized for religious, charitable, educational or hospital purposes." (Emphasis supplied). The prompt legislative response indicates an intent to reassert the principle of immunity but at the same time to meet the more significant objections to immunity voiced by the Supreme Court in Collopy. The most compelling of these seemed to be a humane consideration that "individuals 'should not be forced to suffer the unmitigated and oftentimes crushing burden of injuries wrongfully inflicted * * *'" (27 N.J. at 40). Thus, the second section of the judicial response requires a hospital such as defendant to respond in damages to a beneficiary "who shall suffer damage from the negligence of such corporation * * * to an amount not exceeding $10,000 * * *" (N.J.S.A. 2A:53A-8).
However, it would appear inconsistent with the declared policy to protect such hospitals to interpret "damages" and "negligence" more broadly with respect to such a defendant than is done in the case of a negligent driver. For the latter does not have to respond to the emotionally upset plaintiff unless the fright his negligence caused also produced "significant bodily injury or sickness" Falzone v.
[146 NJSuper Page 530]
Busch, supra. And generally negligence is not actionable without its production of physical consequences to emotional disturbance. Restatement, Torts 2d, § 416A.
Hence, however appropriate it may be with other types of defendants to relax the requirement of physical hurt where a dead body is involved, it would ill serve the protective public policy to do so here. Plaintiffs have not had any financial burden -- much less a "crushing" one -- for which compensation is appropriate.
It seems safe to infer from the declared protective policy of the legislative response to Collopy , as well as from the reasons given in Collopy for terminating charitable immunity, that the Legislature not only intended to limit a hospital's financial exposure from liability for its negligent acts, but that it also did not intend the liability to be for a broader kind of negligent conduct than the negligence exposure of other defendants for whom there is no such protective public policy. Such considerations give additional support to a finding of no liability in the present case, but they are not a primary underlying reason for such a holding.
To summarize, therefore: the facts presented by this complaint are not the kind which constitute a cause of action. The first count of the complaint sounds in simple negligence, a tort for which this State has not afforded relief except when significant physical consequences flowed either directly from the negligence or from emotional symptoms which the negligence was likely to produce. Although Dean Prosser suggests that where a dead body is involved serious emotional disturbance due to negligence may be compensated for without proof of physical symptoms, in the present case there was not the kind of positive mishandling of a body which has been present in all those cases which might be exemplars of the exception Prosser refers to. In other words, the normal strictures of Restatement, Torts 2d, § 416A, should be observed in the present case as a matter of law. Furthermore, the "seriousness" of the emotional trauma which Prosser sees as sufficient to dispense with physical
[146 NJSuper Page 531]
symptoms in such cases, seems lacking here. No treatment at all was sought, and it seems more reasonable that the continued grief which is alleged is the normal sorrow at the loss of the child, rather than a reaction to any omission on defendant's part. Indeed, it is probable that awareness of the deficiencies of the first count would be the reason counsel set up the second count. However, as already indicated, the second count is simply an argumentative recasting of the same events pleaded in the first count, adding the gratuitous allegation that the conduct was "intentional" as a matter of law, rather than a matter of fact. There is no allegation in any factual sense of intentional acts by defendant aimed at these plaintiffs, nor of actions wantonly persisted in with plausible expectations of unusual and harmful results. Such intention or deliberateness is a requisite for the so-called tort of "outrage." It calls for conduct which would cause reasonable people to be in fact sufficiently outraged at and angry with this defendant to assess the punitive damages which the second count seeks. Without any lack of sympathy for the parents' predicament in this case, one finds it difficult to form that perception of the defendant's conduct.
Accordingly, it is found that neither count states a cause of action on which relief can be granted, and the motion to dismiss is granted.
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Style: American Porter
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Must is to wine as wort is to beer; the primordial ooze, the source and foundation, that feeds the process of fermentation we all love so much. Amuste is the culmination of a two year endeavor to marry these two fuels into the same fire. An Imperial Porter aged in oak wine barrels accented with juice with Tempranillo grapes grown on the Western Slope of Colorado, this harmonic carbonation is truly, a must.
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Day 277: Making the Most of Your Time
Thursday, June 27, 2013
Here are a few articles that I find worth reading, I too often as much as any other family out there don't have a lot of time as parents to work out. Especially when your day starts early and ends late and you still didn't have time for a formal workout. You can turn everyday stuff you need to do into a workout by pushing yourself harder.
Turn Spring cleaning into Spring Training
Work out with Yard Work
If we all have to do this stuff anyways, might as well make it worth it for calorie burning. I for one, have a riding lawn mower it is broken at the moment. So I have been push mowing my yard since last July...when you have 2 acres that needs to be mowed, and another 2 that should be mowed it can take a toll on you. I used the riding lawn mower last year before it broke only if it was over 80 degrees outside, otherwise I push mowed the rest of my yard for a good work out. And all the house work I do, which I take breaks every 20-30 minutes but I power clean during those time frames. When you have a family of 6 living under one roof there is always plenty to do. As a matter of fact, that is what I need to do today.
In other news, not much here. On and off sick, don't know why. Heat is taking a toll on me lately. My friends took all 4 kids for 5 hours yesterday which was nice so me and hubby could have some alone time. And my second youngest just lost her first baby tooth the other day. She was scared because well she don't like blood and thrilled because the tooth fairy will finally get to visit her. My son thinks the tooth fairy gives out $20 dollar bills, we only ever did quarters with the kids lol. I still haven't been able to get up at 5am to get in my workouts. We often don't go to bed until 10 or 11, but that's our alone time after kids are in bed so I really don't want to cut it out or too short. So I need to find some way around it. I'm thinking about setting up my own alarm on my side of the bed so I get up and get moving popping in my dvd for the mornings...I don't like going out alone walking that early, but I might try some evening bike rides after supper. I've lost some more weight despite not doing much exercise, but being sick and when I'm not just generally eating less is probably helping. Although it isn't toning anything much if I'm not working out. It's been a couple weeks since I've done even strength training. So need to get the ball rolling again. Well time to tackle kids lunch and house cleaning. It's already over 80 degrees, so doubt I will be doing any yard work until tonight or tomorrow morning. Have a great Thursday spark friends.
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I hope you feel better soon. The heat is making me feel wilted!
1256 days ago
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Right on the spot. Thanks for sharing.
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Love this.
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Thanks for sharing those articles!
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text:
American Diary; A Personal History of the Black Press
WATERS, Enoch P.
• Terms • Ask a Question
Place Published: Chicago
Publisher: Path Press
Date Published: 1987
Description: 520pp. 8vo, black cloth, d.w. Chicago: Path Press, (1987). FineEdition: First
Jacket: Y
Binding: hardcover
Condition: fine
Language: English
Type: Books
Book ID: 208864
By This Author: WATERS, Enoch P.
By This Publisher: Path Press


text:
In the Gym at EFT: Muscle activation
In the Gym at EFT: Muscle activation
In this week's edition of In the Gym at EFT, physical therapist Emily Sluis tackles muscle activation.
Sluis enlists the help of Super Bowl XLIX Champion Darius Fleming to demonstrate dynamic stretches that get an athlete ready to compete.
Check out key techniques in the video above, and be on the lookout for the next edition of In the Gym at EFT.
Wintrust Athlete of the Week: Curie's Elijah Joiner
Wintrust Athlete of the Week: Curie's Elijah Joiner
This week's Wintrust Athlete of the Week is Curie senior basketball player Elijah Joiner.
After playing a big role on last year's Class 4A state championship team, Joiner is back to lead the Condors on their quest to repeat. The senior guard, who is committed to play at Tulsa next year, is the first option for top-ranked Curie, and boasts a myriad of skills.
Learn more about Joiner in the video above.


text:
Setup your GoPro camera on a standard tripod with the GoPro Tripod Mount. Simply setup your tripod behind your hitting bay and start practicing. You'll record steady, consistent swings every time that are easily compared, allowing you to work on the flaws and imperfections of your game. Includes a quick release mount so you can conveniently switch locations whenever you need a change of pace.
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Written on: 27/08/2012
keeping me informed of the progress of my repair was excellent. It did however, take a long time for the parts to come in. Once they arrived the repair was completed swiftly and sent back to me immediately. The repair time in all was 2 weeks due to the delay in parts arriving. Overall I am happy with the repair service. Staff were excellent as was communication.
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Hey, I'm Rebecca!
Indian Harbour Beach FL | Member since October 2016
About Rebecca Rivers
Hello virtual world! My name is Rebecca. I currently work as a supervisor at Lowe's, and coach dance on the side. I've been involved with dance for 10 years, after doing color guard in high school and taking ballet and modern dance classes in college.
I have two amazing dogs named Isis and Apollo, and a cat named Pandora! My animals are like my children, which is why I'll be going back to school to get a Bachelor degree in business. I want to eventually open a pet daycare facility so I can bring my dogs to work with me.
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Rebecca is an incredible person all around. Not only does she have an extreme passion for animals from all walks of life, but she's a hard worker and knows how to please. She definitely puts heart into her work specially when it involves animals. Just witnessing her interact with the animal world will quickly show you how compassionate she is for all creatures. I definitely recommend Rebecca and her services to anyone looking for someone who they can count on. If you are one of those people that consider your animals your children and you are very nervous to leave them with someone...Rebecca is your person. She will absolutely make sure your babies are safe and whole heartedly taken care of!!
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text: Hi everyone! My name is Lightning, which is funny, because my foster mom says I'm a pretty chill dude. I was found wandering on the highway as a baby, but now I'm big and strong at 6 months old and healthy as a horse! I don't know who my mom and dad are, but google says that I might be a black mouth cur with a touch of ridgeback mixed in! But even if I don't know my mom and dad, I know that I get along with kids and other doggies, especially my furry foster brothers and sister. I know how to sit and I have great manners, I even sit before you give me my water! So I've got the looks and the manners, all I need is you! Would you like to meet me!? Please email firstname.lastname@example.com


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Quick Look
Property brokered by
Get more listing details on brokerage site
Presented By:
Brooke French
(989) 631-7000
Email Agent
Brooke French
(989) 631-7000
Email Agent
Property DetailsStunning custom built ranch with so much to offer! This spacious 3 bedroom, 3 bath home features large room sizes, open floor plan, main floor laundry, central air, and full basement. The backyard is fenced in for ultimate privacy and is perfect for those summer BBQ's! The oversized 2.5 car garage offers plenty of extra storage space. This home has been well taken care of and is in immaculate condition. Call today for a personal showing.
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Additional Property InformationThis listing located at 6210 Millbrook, Midland, MI offers three bedrooms, two bathrooms and one partial bathroom. A ranch style property, it is presently selling for $193,000.
Additional features include central air,city sewer,city water,deck,main floor laundry,main floor master,patio,porch,sprinkler system.
This property is presented by Brooke French of Ayre/Rhinehart Realtors headquartered in Michigan.


text:
A cascaded all-optical buffer with large dynamic delay based on polarization rotation of a gain-transparent semiconductor optical amplifier is proposed and demonstrated. The analysis and experimental results indicate that the pulse distortion and pattern effect can be fully improved, and the amplified spontaneous emission noise accumulation can be inhibited effectively as well; the data packets are stored for six round-trips in buffering units 1 and 2, respectively, corresponding to a delay time as long as 33 μs. The proposed buffering scheme can be regarded as an effective reference to the study work of all-optical buffer.
© 2014 Optical Society of AmericaFull Article | PDF Article
Related Articles
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Opt. Lett. 18(1) 22-24 (1993)
K. L. Hall, J. P. Donnelly, S. H. Groves, C. I. Fennelly, R. J. Bailey, and A. Napoleone
Opt. Lett. 22(19) 1479-1481 (1997)
Janet W. Lou, Yi Liang, Ozdal Boyraz, and Mohammed N. Islam
Appl. Opt. 39(29) 5280-5294 (2000)


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Sprinkle with sliced green onions or chopped fresh chives.
Cover and refrigerate any leftovers. Mix with chopped green and red peppers, sliced green onions and chopped pickles, then refrigerate until ready to serve for a delicious potato salad.
To cut grilling time in half, microwave the potato halves on HIGH for 1-1/2 to 2 min. before using as directed.
* Nutrition information is estimated based on the ingredients and cooking instructions as described in each recipe and is intended to be used for informational purposes only. Please note that nutrition details may vary based on methods of preparation, origin and freshness of ingredients used.
Such a great recipe! The potatoes cooked very nicely with the ranch dressing. The dressing made the potatoes very succulent. I'm not a huge fan of the consistency and taste of potatoes but the ranch dressing is a very lovely pairing with the potatoes. I also added about half a small onion and three green onion sprouts and some fresh basil to the potatoes and it's added nice depth to the flavours of the potatoes. I've used this recipe about 5 times so far and it's been a hit with the different parties.
awesome recipe!! my husband just loved them!
I baked the potatoes in a toaster oven for about 50 minutes. The last 10 minutes with the foil peeled back give some colour as well as a bit of crispness. Mmmmm good.


text:
Ethnic Minorities in Vietnam
DANG, Nghiem Van, et al.
• Terms • Ask a Question
Place Published: Hanoi
Publisher: The Gioi
Date Published: 1993
Description: Color and b/w photo Illus., large b/w map laid in as published. Hanoi: The Gioi, 1993.Binding: paperback
Condition: very good
Language: English
Type: Books
Book ID: 239583
By This Author: DANG, Nghiem Van, et al.
By This Publisher: The Gioi


text: this is the first ipod touch i own and i was kinda disappointed at the battery life one fully charged only laste about 3 1/2 hours on gaming only so i use the battery up and fully charged it for a battery test so overall i only used it for 4h12min. -had my brightness up to about 35-40% -played 2d games only about 2 hours -surfing web and streamin online video(not youtube)about 2 hours -volume 35% i didnt use it to listen music or movie i transfer from itune cause i kno it would last long so i didnt test that is this normal? is my battery defective? anyone have a better battery life?


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@01kikias - Tracking On RT Twitter profile since March 20, 2013
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text:
Milder Shrimp Creole
Total Time
1hr 20mins
Prep 20 mins
Cook 1 hr
I love this recipe! This is easy and always a big hit. It is not spicy but very tasty indeed!
Ingredients Nutrition
- 1⁄2 cup chopped yellow onion
- 1 1⁄2 teaspoons salt
- 1⁄2 cup chopped celery
- 1 teaspoon sugar
- 1 clove of minced garlic
- 1 tablespoon Worcestershire sauce
- 3 tablespoons shortening
- 1⁄2 teaspoon chili powder
- 16 ounces stewed tomatoes
- 2 teaspoons cornstarch
- 8 ounces tomato sauce
- 1 tablespoon cold water
- 1⁄2 cup chopped bell pepper
- 12 ounces frozen shelled shrimp, thawed or 12 ounces fresh shrimp
- prepared white minute rice, to serve over
- In a large skillet, Saute onion, celery and garlic in the shortening until tender.
- Add stewed tomatoes, tomato sauce, salt, sugar, worcestshire sauce and chili powder.
- Simmer uncovered for 45 minutes.
- Combine cornstarch and water and add to skillet mixture to thicken.
- After it has thickened, add shrimp and bell pepper.
- Cover and simmer 10-15 minutes.
- Serve over White Minute Rice.
Most Helpful
Thank you Melissa for a great recipe! Very tasty and easy to put together. I reduced the simmer time to 30 minutes and would not use the corn starch another time as it appeared to be thick enough. Enjoyed by all and will certainly make again!


text:
Julbo Montebianco Polarized
A great classic for mountain lovers on familiar terms with the peaks… but who also return to the valley! Ideal for medium to large faces, the removable protective side shields offer perfect adaptability to climatic conditions. Lightness, technical excellence and high protection are combined with style and simplicity on this model.
- Cord attachment: Allows attachment of a cord
- Curved temples: For a good hold on the face and head
- Removable Side shields: Lateral protection against harsh sunlight
- Grip tech: Inserts at stem ends for comfort and hold, does not stick to hair
- Total cover: Maximum protection in extreme conditions against harsh sunlight
- RX Trem: The frame can be quipped with corrective solar lenses
NXT lens: it has optimum performance for an organic lens to benefit from making art mineral type (discharge at very low temperatures). Its transparency and durability are outstanding (no cracks). It is lightweight, unbreakable and resistant to solvents.
CAMELEON: Vision pure road
This anti-fog photochromic and polarized lens, developed for the outdoor range is made for mountain and desert.
- The photochromic lens darkens or lightens depending on the light intensity. Amplitude cat.2 4.
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Kilconquhar Castle Estate, Kilconquhar, Fife, KY9 1EZ - Telephone: 01333 340501 - Email: email@example.com
The Swimming Pool at the Leisure Centre
The Estate Gardens, great views from the self-catering accommodation
Castle Suite 3 - The master bedroom
Kilconquhar Castle Queens Seat, hand crafted woodwork
Goats Cheese and Black Pudding Salad
Family Lounge, Spacious family lounge and dining areas
The Lindsay Room Restaurant
Children's Play Park
The White Cockade Bistro
Master Bedroom, the master bedroom from a family villa
Wood Cutters Cottages, a stunning 2 bedroomed unit sleeping 4
Children's Play Room, offering a range of activites to keep the little ones entertained
Great value breakfasts to set you up for the day
A range of 5 star villas are available on the estate .
2 Full Size Snooker Tables at Kilconquhar in the Leisure Centre
15 - 15
Kilconquhar Castle Estate - A family friendly holiday resort
Set in 120 acres of scenic Fife countryside, Kilconquhar Castle Estate offers a variety of self-catering holiday accommodation ranging from 2 bedrooms to 4 bedrooms in size ranging from 4 and 5 stars and a selection of 3 star hotel style rooms.
The estate features a heated indoor swimming pool, horse riding facilities, on-site health and beauty specialists, fully equipped gym and tennis court, badminton court, golf driving range and an under 5's play room, saunas and 2 full-size snooker tables. With our range of leisure facilities included in your stay we offer the perfect family holiday what ever your age may be.
On site you can also enjoy the 2 restaurants with menus inspired by locally sourced produce. The White Cockade is a bistro-style restaurant, serving meals throughout the day with a selection of menus for you to enjoy. The Lindsay Room normally opens on Wednesday evening, offering a set 3 course menu to be enjoyed in the castle's original dining room replete oak panelled walls, inglenook fireplace and ornate ceilings.
The Estate is located 2 miles from the golden beaches of the seaside village of Elie, a highly popular location with families and visitors enjoying the water sports centre, golf courses and local bars and restaurants on offer. Saint Andrews is only a 10 mile drive and gives you even more to do with the world famous Old Course, many historical sites and family attractions ranging from the sea life centre to a wonderful family day out to Craigtoun Country Park.
Special Offers & Events
Winter 2 Night Deal
We have a great offer on our 2 bedroom self-catering accommodations to warm you up this winter. The deal offers bed and breakfast for up to 4 guests from £31.00 per person.
Find Out More
All Inclusive Package, from £112 p.p
Join us for a 2 night stay in one of our 3 star double or twin hotel rooms for as little as £112 per person. The rate includes a 2 course dinner each night and breakfast the following morning.
Find Out More
Festive Party Nights
We have a selection of festive party nights taking place over December on the 3rd and 10th ranging from £40.00 per person. All of our party nights have the option to add on bed & breakfast to make the most of your big night out.
Find Out More
Christmas & New Year Events
Join us at Kilconquhar Castle over the Christmas and New Year period and enjoy our range of great events from our mouthwatering Christmas Lunch to our family Hogmanay Celebration. Guests from the local area are very welcome to join in our celebrations by booking via our Reservations Team.
Find Out More
Kilconquhar Castle Estate, Kiconquhar, Fife, KY9 1EZ
Telephone: 01333 340501 - Email: firstname.lastname@example.com


text:
Bach or holiday home | Wanaka | #34386
** Available Challenge Wanaka weekend and Anzac Weekend
Come and enjoy Wanaka Living!
Located in Peninsula Bay, the house is fantastic for a group of friends or 2 families, with a large living area. The kitchen/living/dining is all open plan, with 2 outdoor areas to capture the all day sun.
Second living room is tucked behind the kitchen and can be a tv room, or escape to read a book.
This family friendly home is well equipped with high chair, kids toys. Its all fully fenced for children and pets.
The house is located 2 minutes to Sticky Forrest for epic mountain biking, and the lake is just down the hill. Or bike down the hill and along the track into town.
There is a spare mattress that can be used to take numbers to 7.
Large kitchen is well equipped to cater for large numbers. Nespresso machine, soda stream.
Unlimited wifi (ultra fast broadband)
Sonos sounds system.
Special conditions: Pets ok - but not on furniture Smoking - outside only
2 x Single bed
1 x Queen bed
1 x Queen bed
|Rate period
|Week day
Default Tariff
10-Dec-16 to 19-Dec-16
|For up to 6 people. Extra occupants: Adults: $10/night; Children: $5/night;
|2 night minimum stay
Christmas 2016
20-Dec-16 to 10-Jan-17
|For up to 6 people. Extra occupants: Adults: $10/night;
|4 night minimum stay
Default Tariff
11-Jan-17 to 10-Jun-17
|For up to 6 people. Extra occupants: Adults: $10/night; Children: $5/night;
|2 night minimum stay
*Pricing may vary depending on the dates you choose and the number of guests. Additional charges (extras) and minimum stay criteria may also apply. Bookings paid for through Bookabach online payments incur a 3% credit card transaction fee.
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Member since Jul 2012
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text: Stores Dealer Profile CARPET CITY FLOORING CENTER Shaw believes in its people, products and mission. Purchasing flooring can be daunting, but we're committed to making easier for you every step of the way. Shaw creates a better future – for our customers, our people, our company and our communities. This attention to detail and extreme focus can be found in our beautiful, innovative products. Store Information GET DIRECTIONS 3909 Circle Dr Holmen, WI 54636-9187 608-781-2613 http://www.carpetcityonline.net Flooring CarpetTile & StoneHardwoodLaminateArea Rug View all stores


text:
We're jumping hurdles for these babies. The Track Pant by CAMP Collection comes in navy and features a control waist, multicolor stripe detailing at sides, straight leg silhouette, and side zip closure at ankle.
95% Cotton
5% Elastane
*Hand wash cold
Height: 5'9"
Bust: 32 / Waist: 23 / Hips: 34.5
Style Icon: Mary Kate Olsen
Spirit Animal: Panda Bear
Go-To Karaoke Song: Fleetwood Mac "Dreams"
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Opened makeup, earrings, ear cuffs and panties cannot be returned.


text:
Online Class
Patternmaking + Design: The Pants Sloper
with Suzy Furrer
The shark beanie is perfect for this fall and winter season. It is warm and decorative to be used for photos or every day wear. This pattern includes pictures and permission to sell finished products. Sizes: baby child Teen/Adult Thanks for looking!! contact me if you have any questions BASIC SKILLS NECESSARY Dc Sc Dc2tog sc2tog working in rounds GAUGE 3 DC= 1 inch 2 rows= 1 inch SIZING / FINISHED MEASUREMENTS baby size child size adult size SUGGESTED YARN 180 yards of Worsted weight


text: Penny Dreadful is an upcoming psychosexual horror TV series created for Showtime by John Logan and executive produced by Logan and Sam Mendes. The series will weave together the origins of literary horror characters, such as Victor Frankenstein, Frankenstein's monster, Dorian Gray, and Count Dracula, as they grapple with their monstrous alienation in Victorian London. The show was originally pitched to several US and UK channels, but eventually landed with Showtime, with Sky Atlantic as co-producer.


text:
Accenture Walkin Drive For Freshers On 17th October 2016
Accenture Walkin Drive For Freshers
No Of Positions : Multiple
Qualification : Any Graduates
Qualification : Any Graduates
Also Read :
Experience : 0 - 1 Years
Location : Mumbai
Also Read :
Salary : As Per Industry
Job Description :
- Healthcare Backend Operation.
- Healthcare Process Transactions.
- Non-voice Backend process.
- Good Communication Skills.
Recruitment Process :
* Interview
Also Read :
Company Profile :
We develop and implement technology solutions to improve our clients' productivity and efficiency—and may run parts of their operations on their behalf. Ultimately, we enable our clients to become high-performance businesses and governments.
Is where we shape our clients' future… combining deep business insight with the understanding of how technology will impact industry and business models. We operate at the intersection of business and technology, bringing together our capabilities in business, technology, operations and function strategy to help our clients envision and execute industry-specific strategies that support enterprise-wide transformation.
Provides business process outsourcing, infrastructure consulting, infrastructure outsourcing, security and cloud services, including the Accenture Cloud Platform. We transform, build and operate IT infrastructure and business processes on behalf of clients to help improve their productivity and performance.
Apply Mode : Walk in
Also Read : This Week Walk in Drives
Walk In Date : 17th October 2016
Walk In Time : 12 PM to 02 PM
Interview Venue Details :
Bldg. No. 10,
Mindspace, Airoli.
Bldg. No. 10,
Mindspace, Airoli.
Also Read : Accenture Upcoming Walk in Drives
Accenture Walkin Drive For Freshers On 17th October 2016 Reviewed by hanimi on 04:08:00 Rating:


text:
The Meaning of FOMS
You have found the definitive source for the meaning of FOMS. This page contains all the definitions of FOMS, crowd sourced, moderated and curated by real people who care about the true definitions of FOMS.
The Top Definition of FOMS
The most popular meaning of FOMS is: Fear Of Missing Something
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What is FOMS?
FOMS is Fear Of Missing Something
FOMS Means
The definition of FOMS is "Fear Of Missing Something".
FOMS Definition
The meaning of FOMS
FOMS means Fear Of Missing Something.
Now you understand the definition of FOMS - FOMS means "Fear Of Missing Something".
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What does FOMS mean? FOMS is an acronym, abbreviation or slang word that is explained above. If you ever forget what FOMS means, just come back to Slang.org and we'll define any acronym you need help with.