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decided: January 20, 1967.
KERWOODv.ROLLING HILL CORPORATION, APPELLANT
Appeal from judgment of Court of Common Pleas No. 6 of Philadelphia County, June T., 1959, No. 890, in case of Catherine A. Kerwood and Francis Kerwood v. Rolling Hill Corporation.
Tom P. Monteverde, with him George P. Williams, III, and Schnader, Harrison, Segal & Lewis, for appellant.
William J. Toy, for appellee.
Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Musmanno. Mr. Chief Justice Bell dissents.
[ 424 Pa. Page 60]
Mrs. Catherine A. Kerwood was seriously injured when she slipped on the floor of the Rolling Hill Hospital, which was covered with rain water. She brought an action of trespass against the owners of the hospital and recovered a verdict. The defendant Rolling Hill Corporation has appealed, seeking judgment n.o.v. or, in the alternative, a new trial.
It is fundamental law requiring no citation that the proprietor of an establishment open to the public is
[ 424 Pa. Page 61]
required to maintain it in a reasonably safe condition for its patrons and business visitors. Mrs. Kerwood is a private nurse and had come to the hospital the night of August 12, 1958, to administer care and attention to an injured person she had accompanied in an ambulance and who had been taken into the hospital on a litter by the driver of the ambulance and a first aid assistant. It had been raining that night and water had accumulated on the floor of the enclosure into which the litter bearing the patient had been wheeled.
The floor was constructed of terrazzo which, added to the rain water sloshing over it, produced a slippery surface that did not hold the wheels of the litter in traction. The rear wheels swiveled to the side, instead of remaining forward, and the vehicle headed for the wall. Mrs. Kerwood sought to stop the movement of the litter and took two quick steps forward when her feet flew from under her and she fell heavily, with consequent injuries.
There was evidence that a rubber mat overlay the terrazzo floor but that on this particular evening, because of the rain, it had been lifted from the floor and put aside. A hospital attendant was standing by with a mop and bucket. Following the accident he was seen to mop the floor and then replace the rubber mat.
Mrs. Kerwood had entered this hospital on previous occasions and she knew, by repeated experience, if not by conscious recollection, that there was nothing about the floor to give her any concern about safety. The rubber mat on the hallway floor would prevent pedal insecurity. But on this particular night, without any notice to her, the security had been removed. The removal of the mat could have been for a useful purpose but, considering the nature of the locale, this being the emergency entrance to a hospital, with people moving rapidly in and out, the absence of the mat could produce a hazardous situation. In the lawsuit
[ 424 Pa. Page 62]
which arose from Mrs. Kerwood's fall, a question of fact was presented as to whether the hospital exercised adequate care in not informing those about to move through the hallway about the absence of the mat. In Dougherty v. Philadelphia National Bank, 408 Pa. 342, we sustained a verdict for the plaintiff who had fallen on the floor in a bank because the rubber matting there was not large enough to cover an area which had been made wet by snow and ice tracked into the bank. The opinion in that case made reference to a similar case decided by the Superior Court: "In a case very similar to the instant one, Cohen v. Food Fair Stores, Inc., 190 Pa. Superior Ct. 620, 155 A.2d 441 (1959), the Superior Court affirmed the refusal of the lower court to grant judgment n.o.v. where on a rainy day the plaintiff wife slipped on a terrazzo floor of a supermarket immediately after entering the door. Despite the fact that the plaintiff admitted seeing the floor was wet and that she was not wearing galoshes as in the instant case, the court stated: 'We cannot say, under the circumstances of this case, that the plaintiff was guilty of contributory negligence as a matter of law, but, rather, that the question of contributory negligence was one for the jury.'"
In Katz v. Wanamaker, 381 Pa. 477, we held that the issue of negligence was for the jury where it appeared that water with accompanying dirt was tracked and accumulated upon a flight of from 20 to 25 smooth marble steps leading from the main and entrance floor in a large department store, that the steps were very wet with mud on them, that this condition had remained the same for an hour without any attempt to remedy it, and that a business visitor had slipped on the steps and was injured.
In the case at bar the dangerous condition, through the absence of the rubber mat, prevailed for at least 15 minutes, but this brevity did not in itself diminish
[ 424 Pa. Page 63]
the responsibility of the proprietor to its business visitors. Short as is 15 minutes as against an hour, a day, or a month, it is still long enough to encompass the happening of dreadful and irreparable deeds. A calamitous fall, a pistol shot, or an automobile collision may effect ruin in seconds. When the hospital attendant lifted the rubber mat, he, in effect, lifted the drawbridge between safety and danger and he should have been standing guard to prevent patrons from plunging into disaster.
The accident, as indicated, occurred at the emergency entrance to the hospital. Here, particularly, it is obvious that care should be exercised to prevent further disablement to those already struck down by violence or disease and those shepherding them to refuge and repair. Of course, the impossible should not be demanded or expected. If a cloudburst had occurred at the moment Mrs. Kerwood arrived and raging waters had swept through the door, washing away the rubber mat, the hospital authorities could not be expected to restore order and dryness in seconds. But that was not this case. It had been a night of inclement weather and for hours rain had invaded the inner hall of the hospital on its own feet and on the feet of others. What was reasonably to be expected of the hospital authorities in such a situation? The trial judge left this properly to the fact-finders under guidelines laid down by law. He said: "I pointed out that this lady is a business invitee and she is owed a duty of reasonable care. There is a responsibility upon the defendant to provide a reasonably safe entryway here in the hospital. There is no question here of the hospital authorities having notice of the outside conditions because, obviously, the mat was there because they did know of the outside conditions. A mat had been provided. . . . In considering whether or not a proper degree of care was exercised by the hospital
[ 424 Pa. Page 64]
authorities, or in finding whether or not there had been a violation of the responsibility which was owed to these people, you will consider all the factors which you are aware of here, that it was raining, that people did use this door, that the hospital had notice of the outside condition, apparently, because the man was mopping up the floor, that he saw fit to remove the mat as he mopped up the floor. Then you arrive at the conclusion as to whether or not there was a dangerous condition and whether or not this was a dangerous condition created by the act of the hospital attendant."
The jury found that the hospital had created a dangerous condition by the act of its employee. It is significant that the defendant did not call the hospital attendant to testify. Thus the conditions described and the action related by Mrs. Kerwood and the driver of the ambulance, Samuel Orlean, went uncontradicted.
Although the defendant admits that the question of contributory negligence was resolved by the jury and is, therefore, not a matter for argument here, it still insists that the janitor had "no duty to give plaintiff a specific warning that he was mopping the floor, inasmuch as his activities were being carried on in plain view in a well lighted hallway."
This argument overlooks that the litter had preceded Mrs. Kerwood into the hallway, thereby blocking her view of what the janitor might have been doing, and that, in addition, the litter lunged toward the wall immediately after Mrs. Kerwood had passed through the door.
The defendant complains that the judge erred in refusing its point for charge No. 10: "Defendant was under no duty to post signs or otherwise give specific notice that the mopping operation was going on at the time plaintiff's party entered the hospital because the
[ 424 Pa. Page 65]
mopping operation was being conducted in plain view of those entering the emergency door and it was actually observed by Mr. Orlean." The court properly refused this point. What Mr. Orlean saw cannot be charged to the nurse, Mrs. Kerwood, who followed the litter.
The defendant in addition contends that the court erred in refusing its Points Nos. 4 and 7. We have read these points in the light of the entire charge and find that their refusal in no way prejudiced the defendant's case before the jury, since the matters covered therein were embraced in the charge.
Judgment affirmed.
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EDISON - Gov. Chris Christie (R-N.J.) was in mostly good spirits during his news conference earlier today where he ruled out running for president in 2012. However, he did show a flash of his famous temper when asked about people who criticize his weight.
Christie has said that he doesn't mind jokes about his weight, but serious criticism on the subject is off-limits.
David Letterman has dedicated entire Top Ten lists to Christie's weight, and the governor has said the jokes don't bother him. However, the governor draws the line at serious journalists who attacked him for his weight, such as columnist Michael Kinsley, of Bloomberg.
Kinsley recently wrote, "I'm sorry, but New Jersey Governor Chris Christie cannot be president: He is just too fat." Kinsley later added "We shouldn't overlook it -- unless he goes on a diet and shows he can stick to it."
The governor calls those kinds of comments unfair and ignorant. Christie says, "The people who pretend to be serious commentators who've written about this are among the most ignorant people I've ever heard in my life. To say that you are overweight and are therefore undisciplined - I don't think that undisciplined people get to achieve great positions in our society. So that kind of thing is just ignorant."

subset: commoncrawl


text:
Katy Perry And John Mayer Spent The 4th Of July Together
It's a neverending "are they" or "aren't they" dating with these two. Katy Perry and John Mayer were seen spending the 4th of July holiday together, thus quieting the speculation about the status of their union.
Katy Perry and John Mayer made the crowd roar at the Grateful Dead concert in Chicago Saturday night when they cuddled out loud.
What do you think of the two of them together? Surely she can do better, right? Thoughts?
Photo Credit: Fame/Flynet
Filed under John Mayer, Katy Perry | No Comments


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Scientific / Research Experience
Software & Technical Skills
Management Experience
Work History
Quality Systems / Organic Chemist
Dupont - Medical Products Division
Critical Systems Compliance Architect
HP Clinical Systems
Research and Development
Lotus Notes Programmer
Ziff Davis Publishing
Senior Consultant
CGI Systems
Manager of Groupware Systems
Aspen Technology
Apr 2009 - Present
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An entrepreneurial start up company, SDS delivers Management and IT Consulting, Product Incubation and Strategic Research Services to clients across industries.A qualified as a woman owned small business they are fully registered as a government contractor.Accomplishments to date include:
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Currently providing marketing, sales and technical support services to a late stage entrepreneurial technology corporation as part of a product incubation initiative.
Sep 2006 - Apr 2009
Business Development Solution Engineer
IBM - Global Business Services
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May 1999 - Sep 2006
Sr Software Programmer Manager
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Corporate Business Transformation initiative - eSupport
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Program Manager / Enterprise Architect
Special Project for VP of Technical Support
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Completed certification training as an IBM manger.
University of Rhode Island
Process Engineering and Chemistry


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CSS3 Drop Menu with Ribbon Effect
This CSS3 Drop Down Menu comes with ribbon effect, small mega menu and other lots more features. With this menu you can make as many column as you want and it also support deep level tiers. It also has contact form and expandable search box with beautiful transitions effect. Now let us take a look at all its features: Ribbon Effect Support Deep tiers Contact Form Works in all major browser (IE7+, opera, chrome, safari, FF3 +) Expandable Search box Small Mega Menu Transition effect Social icons menu Easy DocumentationVisit publisher site: CSS3 Drop Menu with Ribbon Effect
Listing Details
- Version:
- 1
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February 23, 2006
WILLIAM CORNISH JR., PLAINTIFFv.OFFICER GOSHEN AND OFFICER STRATHMEYER, DEFENDANTS
(Judge Conner)
AND NOW, this 23rd day of February, 2006, upon consideration of the correspondence from Don Bailey, Esquire ("Attorney Bailey") dated February 22, 2006, requesting a ninety-day extension to comply with an order of court dated August 1, 2005 (see Doc. 30),*fn1 which imposed sanctions and directed Attorney Bailey to complete three continuing legal education courses,*fn2 and indicating that he will comply with the sanctions imposed by completing the following courses:
(1) Bridge the Gap (Course No. 4350),
(2) Civil Litigation Update (Course No. 4147), and
(3) Appellate Brief Writing (Course No. 3980), and it appearing that Attorney Bailey has presented good cause for an extension,*fn3 see FED. R. CIV. P. 6(b), but that the Civil Litigation Update course (No. 4147) does not involve federal civil procedure,*fn4 and the Appellate Brief Writing course (No. 3980) is not approved for continuing legal education credits,*fn5 it is hereby ORDERED that:
1. The Clerk of Court is directed to DOCKET the correspondence from Don Bailey, Esquire dated February 22, 2006 as a motion for an enlargement of time.
2. The correspondence from Don Bailey, Esquire, CONSTRUED as a motion for an enlargement of time, is GRANTED as so construed. See FED. R. CIV. P. 6(b). Don Bailey, Esquire shall file, on or before May 24, 2006, an affidavit establishing proof of compliance with this order and the prior order of court (Doc. 30), describing with particularity the nature of the courses completed.
3. Don Bailey, Esquire shall not be permitted to use the Civil Litigation Update (No. 4147) or Appellate Brief Writing (No. 3980) courses to comply with the prior order of court imposing sanctions.*fn6 (See Doc. 30 ¶ 2.a.)
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Brown Distressed Leather Cropped Moto Jacket
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Lined jacket has hidden front button closure. Front patch pockets. Side tab button detail.
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text:
Bomb scare stops CNBC
A bomb threat made it business as unusual at CNBC Wednesday.
A bomb threat made it business as unusual at CNBC Wednesday.
Leading Argentina broadcaster Telefe has pacted with Mexico's TV Azteca to produce a third, country-specific version of its kidvid hit "Chiquititas."
Morgan Creek Prods. and Tribune Entertainment are hoping to turn more than a few heads with a new syndie series based on the spine-tingling 1973 horror classic "The Exorcist."
Cable industry vet James Doolittle will retire at the end of the year as prexy and chief operating officer of Time Warner Cable, the nation's largest cable operator serving nearly 12 million…
In what appears to be a nasty rift, creator Shaun Cassidy has pulled out of the troubled Fox drama "Hollyweird," which Fox now confirms will not make it onto the fall schedule.
Alphabet web veteran Jeff Bader has been upped to senior veepee of program planning and scheduling for ABC Entertainment.
Legit theater concern Livent Inc. warned Wednesday it may have to take writedowns against second-quarter earnings, unrelated to the accounting irregularities discovered last week, but similar to…
Radio consolidator Chancellor Media Corp. formalized its interest in complementary media Wednesday by extending the Chancellor name to three operating divisions and designating a head for each.
Nickelodeon Movies, which makes its animated feature debut this fall with the Paramount release "The Rugrats Movie," has acquired feature film rights to Jeff Smith's award-winning comic book series…
Emmy nominees Julianna Margulies ("ER") and Patrick Stewart ("Moby Dick") have been tapped as presenters on next month's kudocast.
The premiere of Lifetime's original drama "Any Day Now" got off to a good ratings start Tuesday, but the cable web's original sitcom "Maggie" didn't hold its lead-in.


text: Would it be possible to program an iPod Touch to run a specific program when it is plugged into a computer? I turned an old USB dock on my desk into a dock for my iPod/iPhone and I'd like it to run a digital clock app when it is docked. Also, if this is possible what could be the cons of using my iPod as a desk clock? I still put it in sleep mode when I'm not at my desk and turn it off when I'm not charging it.


text:
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- Residual Induction, Br: 2.4 Gauss
Supplier: Visual Sound, Inc.
Description: Whirlwind Music Distributors, Inc. We have three members of our punch block family. The 58 channel MASS Punch, the 28-channel Mini Punch and the 16-channel Micro Punch. The multiple mounting hole sets permit easy mounting on standard hole centers and included tie wraps can be used to dressShow More
Supplier: ASCO Power Technologies
Description: MI-50 Punch Down Block. Features: Over current protection Replaces bridging clips on M1-50 bock UL 497B listed Utilizes MGB grounding rail Test point accessible 5-year warranty
Show More
- Device Type: SPD
- Technology: MOV
- Maximum Surge Current: 125 amps
- Clamping Voltage: 15 to 56 volts
Description: rail and a standard MI-50 punch down block. The PB modules feature solid-state resettable fuses (PTCs) between the protected equipment and the over-voltage clamping components. This unique design prevents problems with "All-Call" in the event of catastrophic protector failure. Features
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- Device Type: SPD
- Technology: Hybrid
- Maximum Surge Current: 200 to 500 amps
- Clamping Voltage: 21 to 70 volts
Supplier: Surge Suppression Incorporated
Description: Type 66 Punch Down Block (PDB) Product Lines - UL497A Listed
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- Device Type: SPD, Dataline and DC Signal
- Technology: Hybrid, Other
- Mounting: DIN Rail, Hard-Wired / Device Mount, In-Line / Integrally Attached
- Applications: Data Acquisition, Network Applications, Telecom Applications
Supplier: Conxall Corporation
Description: MTPBK/TTPB 96 Sets of PPT Terminals (Tip, Ring, Sleeve), 2RU The Backpanel Series offers the end user the flexibility of configuring their own patchbay, or to use as a central patchpoint location. The backpanels utilize the PPT punchdown and come with a rugged cable tray. • Allows for custom
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- Port Type: Audio Plugs and Jacks
Supplier: Computer Network Accessories, Inc.
Description: Certified Cat5e 12 port patch panel. 110 style wiring, standard 19" width, UL listed, 568 A/B color coded punch down blocks, 1U and 1 3/4" high.Show More
Supplier: CableWholesale.com
Description: No Description Provided
Show More
- Tool Type: Punchdown Tool
- Application / Connector Type: General Application
- Technology: Hand Tools
Supplier: Newark / element14
Description: TOOLS,GP6? PLUS CATEGORY 6 PUNCHDOWN SYSTEM,TOOLS,GIGA-PUNCH PUNCHDOWN TOOL FOR CONNECTING BLOCK, 4-PAIR TOOL INSERTS & CUTS OFF UP TO 4-PAIRS AT A TIME,PREMISE WIRING,GP6? PLUS CATEGORY 6 PUNCHDOWN SYSTEM ,PANDUITShow More
Supplier: HAVE, Inc.
Description: Canare's multichannel version of DA202. 110-ohm AES/EBU Digital Audio Cable features 25 AWG conductors great for shorter runs and use with common IDC Punch Down Block, Digital Audio "110-ohm Type" Patchbays. Available in 2, 4 and 8 channel pairs. Integral drain wire for easy ground wiring. OtherShow More
Description: Mfg. Part: BR258066A | CDW Part: 349270 | UNSPSC: 43222821 Industry standard block with type 66 IDC punch down clips for terminating incoming cables for key telephone installations wired to 12 modular 8 position/8 conductor jacks. Intended for voice and data applications. Features: - Designed
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- Type: Data Jack Wall Plate
Supplier: L-com, Inc.
Description: available with punch down terminal blocks, AL-D4W-DP.
Show More
- Device Type: Dataline and DC Signal, Single Phase, Lightning Arrestor, Other
- Technology: Silicon Thyristor Diode, Other
- Mounting: Wall / Panel / Backboard Mount, Plug-in Module
- Applications: Data Acquisition, Network Applications, Telecom Applications, Other
Description: 25-Pair Telco Amphenol Cable Assembly is available with various Connector Ends and Lengths. Cable Assembly Features: - Telco Cable Assembly provides connectivity for voice and data applications - Used on patch panels, punch down boxes, distribution boxes, and ICC's 66 and 110 wiring blocksShow More
Supplier: L-com, Inc.
Description: /Telephone. A single RJ11 jack and punch-down terminal block are provided as well as a ground lug directly on the protector. Mounting screws are included.
Show More
- Device Type: Dataline and DC Signal, Three Phase, Plug-in Style, Lightning Arrestor, Other
- Technology: Silicon Thyristor Diode, Gas Tube, Other
- Mounting: Wall / Panel / Backboard Mount
- Applications: Data Acquisition, Network Applications, Telecom Applications, Computer Rooms, Other
Supplier: MilesTek Corporation
Description: Combo 110/Strip Tool - 40-40302 This item is good for occasional network installer who will do some light home networking installations with few outlets/panels. It has a hard plastic body, a steel punch blade at the end, and a cutter/stripper blade at one side. Terminates shielded or unshielded
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- Technology: Hand Tools
- Form Factor: Handheld
- Wired Application / Connector Type: General Application
Description: " thick - no tools required for installation - MAC2 snaps in half to accommodate a single run of cable effectively making two clips from one - Pre-punched holes in clip allow it to be screwed to wood stud, concrete or block - Factory riveted assemblies are available for installation on flange, purlin
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- Features: Flexible Conduit
Supplier: General Carbide Corporation
Description: , Depalletor, Guillotine Side Trimmer Blades Drive Dogs Entry Guides Lock Blocks & Rings Making & Profile Heads Nail Punches & Packer Pins Racker Arms Roller End Plates & Shafts Stir Pin Bushings Templates Thicknessers Water Channels & Channel Rollers Wear Pads
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- Protective Function: Abrasion / Sliding Wear, Impact
- Industry & Application: Construction
- Material: Carbide / Hardmetal
- Form: Wear Plate / Strip / Part
Supplier: Combined Technologies, Inc.
Description: Mini-Grip's red line bags feature a single track, heavy-duty zipper that extends the width of the bag and keeps products clean and free from moisture. Large white block area allows part numbers or other information to be written with pen directly on the bag. No labels needed! Pre-punched hang
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- Application: Packaging
Industrial Containers - 8" x 10" - 4 Mil- Minigrip White Block Reclosable Poly Bags w/ Hang Holes -- MG4030Supplier: Custom Made Boxes, Inc.
Description: Minigrip's red line bags feature a single track, heavy-duty zipper that extends the width of the bag and keeps products clean and free from moisture. Large white block area allows part numbers or other information to be written with pen directly on the bag. No labels needed! Pre-punched hang
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- Type: Bag / Sack
- Length: 10 inch
- Width / Diameter: 8 inch
Industrial Containers - 3" x 5" - 4 Mil - Minigrip®quo; White Block Reclosable Poly Bags w/ Hang Holes -- MG4011Supplier: TransPak
Description: Minigrip's red line bags feature a single track, heavy-duty zipper that extends the width of the bag and keeps products clean and free from moisture. Large white block area allows part numbers or other information to be written with pen directly on the bag. No labels needed! Pre-punched hang
Show More
- Type: Bag / Sack
- Length: 5 inch
- Width / Diameter: 3 inch
- Application: Packaging
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|By Business Wire
Article Rating:
|May 22, 2014 01:19 PM EDT
Cookbook Café - the do-it-yourself cookbook app publishing platform from BakeSpace.com – has earned the 2014 Appy Award in the "Best App for iPad Publishing" category.
Cookbook Café is the first DIY platform that enables anyone (home chef, brand, nonprofit organization, etc.) to create, market and distribute a cookbook as an iPad app and web-based ebook.
There is no cost to publish a cookbook, download the Cookbook Café app or use the cookbook storefront and reader. The storefront and reader employ proprietary indexing technology that enables users to search recipes within cookbooks individually by type, ingredient, author and keyword. This helps ensure that even niche cookbooks by unknown authors have a chance of being discovered in the storefront. Such indexing also makes it uniquely easy for users to find specific recipes across cookbooks once they are downloaded into the Cookbook Café reader.
Cookbook Café is part of BakeSpace.com – which launched in 2006 and has grown to become one of the largest food communities online. Cookbook authors who use the platform can access and leverage the community's large built-in audience of culinary enthusiasts.
Produced by MediaPost Communications, the Appy Awards ("Appys") honor creativity and excellence in app design on all platforms: mobile, social and web-based apps. The 2014 Appy Award winners were announced May 21st at a ceremony held in conjunction with Internet Week New York.
In addition to winning the Appy Award, Cookbook Café has earned multiple Webby Award Honors ("Best Mobile & Apps: Social" and "Best Social Tablet App"), and was recognized by the International Association of Culinary Professionals (IACP) for "Outstanding Use of New Technology."
"Our goal for Cookbook Café is to empower everyone who has ever dreamed of publishing their own cookbook," said BakeSpace Founder Babette Pepaj. "We share the Appy Award with everyone who has used the platform to publish their cookbooks, and in the process helped make Cookbook Café a success."
Cookbook Café enables indie authors to create app-based cookbooks without the cost and complexity typically associated with app publishing. They do not need to hire an app developer and designer, and do not have to navigate submitting their app to Apple's App Store and waiting for it to be approved (or rejected). Cookbook Café manages the entire process.
Cookbook Café authors set their own price. Many give their cookbook away for free as a way to build awareness for their brand, while others set a price between $0.99 and $9.99 per download. Each cookbook is acquired by the end-user as either a free download or in-app purchase on the iPad, or as a free download or online purchase on the web.
The Cookbook Café app is available on iTunes at http://itunes.apple.com/us/app/bakespace.coms-cookbook-cafe/id467167455?mt=8. The companion online cookbook builder and web-based cookbook reader/marketplace are available at http://bakespace.com/Cookbooks. For additional information visit www.CookbookCafe.com.
About BakeSpace, Inc.
Launched in 2006 as the Web's first food social network, BakeSpace has grown to become a diversified online media, app publishing and conference production company for engaging consumers who are passionate about the culinary lifestyle. The core BakeSpace.com community has been described by USA Today as "the closest thing to a Facebook-like food site." The company's 'Cookbook Cafe' platform is the first publishing tool that enables anyone to create, market and distribute a cookbook as both an iPad app and a web-based eBook. BakeSpace's offline events include the TECHmunch Food Blogger Conference (www.TECHmunchconf.com) held in cities across North America. More information is available at http://BakeSpaceMedia.com.
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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 22, 2013
ROBETTE GOODWIN, AS ADMINISTRATRIX OF THE ESTATE OF CHARLENE E. CLINTON, DECEASED, PLAINTIFF-RESPONDENT,v.RICHARD W. PRETORIUS, M.D., ET AL., DEFENDANTS, RIZWANA LILANI, M.D., ANDREW BOGNANNO, M.D., LEIZL F. SAPICO, M.D., CLEMENTAYANBADEJO, M.D., AND VENKATA PUPPALA, M.D., DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered December 21, 2011.
Goodwin v Pretorius
Released on March 22, 2013
Appellate Division, Fourth Department
Scudder, P.J., J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
The order denied the motion of defendants Rizwana Lilani, M.D., Andrew Bognanno, M.D., Leizl F. Sapico, M.D., Clement Ayanbadejo, M.D., Venkata Puppala, M.D. and Erie County Medical Center Corporation to dismiss the complaint against defendants-appellants.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Opinion by Scudder, P.J.:
I In May 2009 Charlene E. Clinton (decedent) sought treatment at defendant Erie County Medical Center Corporation (ECMCC). She was admitted to ECMCC on May 7, 2009 and was discharged on May 12, 2009. Approximately five days later, decedent was transported by ambulance to ECMCC, and she died the next day. In August 2009, plaintiff served a notice of claim on ECMCC only, naming ECMCC as the sole defendant. Plaintiff thereafter commenced this action against, inter alia, Rizwana Lilani, M.D., Andrew Bognanno, M.D., Leizl F. Sapico, M.D., Clement Ayanbadejo, M.D., and Venkata Puppala, M.D. (collectively, Employee Defendants) and ECMCC (collectively, defendants). Defendants thereafter moved to dismiss the complaint against the Employee Defendants on the grounds that the Employee Defendants were neither served with the notice of claim nor named in the notice of claim (see generally General Municipal Law § 50-e). Supreme Court denied the motion and, for the reasons that follow, we conclude that the order should be affirmed. II
First, as defendants correctly conceded at oral argument of this appeal, General Municipal Law § 50-e does not require service of a notice of claim on the Employee Defendants as a condition precedent to the commencement of this action. ECMCC is a public benefit corporation (see Public Authorities Law § 3628 et seq.) and, therefore, it is undisputed that the provisions of General Municipal Law § 50-e apply (see Public Authorities Law § 3641 [1] [a]; see e.g. Stanfield v Nohejl, 182 AD2d 1138, 1138). General Municipal Law § 50-e (1) (b) provides, in pertinent part, that "[s]ervice of the notice of claim upon an . . . employee of a public corporation shall not be a condition precedent to the commencement of an action or special proceeding against such person. If an action or special proceeding is commenced against such person, but not against the public corporation, service of the notice of claim upon the public corporation shall be required only if the corporation has a statutory obligation to indemnify such person under this chapter or any other provision of law" (emphasis added).
It is undisputed that plaintiff served the notice of claim on ECMCC in accordance with the provisions of section 50-e (1) (b). Inasmuch as the statute unambiguously states that service upon the employees of ECMCC, i.e., the Employee Defendants, is not a condition precedent to the commencement of an action against the individual employees, there is no merit to defendants' initial contention on their motion that the failure to serve the Employee Defendants with the notice of claim requires dismissal of the complaint against them (see generally Public Authorities Law § 3641 [1] [a]; Schiavone v County of Nassau, 51 AD2d 980, 981, affd 41 NY2d 844; Sandak v Tuxedo Union School Dist. No. 3, 308 NY 226, 230; Delgado v Connolly, 246 AD2d 484, 485). We thus note that, to the extent that our prior decision in Rew v County of Niagara (73 AD3d 1463, 1464) suggests that service of a notice of claim upon an employee of a public corporation is a condition precedent to commencement of the action against such employee, that decision is no longer to be followed. III
Second, defendants contend that, although service of the notice of claim on the Employee Defendants was not required, plaintiff was nevertheless required to name those individual defendants in the notice of claim as a condition precedent to the commencement of an action against them. Despite precedent supporting that contention, we agree with Supreme Court that there is no such requirement.
The requirements for a notice of claim are found in General Municipal Law § 50-e (2), which states: "The notice shall be in writing, sworn to by or on behalf of the claimant, and shall set forth: (1) the name and post-office address of each claimant, and of his [or her] attorney, if any; (2) the nature of the claim; (3) the time when, the place where and the manner in which the claim arose; and (4) the items of damage or injuries claimed to have been sustained so far as then practicable . . ."
The notice of claim filed by plaintiff against ECMCC contained all of the required information. Defendants correctly contend, however, that precedent from this Department and others requires that all of the Employee Defendants also be named in the notice of claim. While recognizing the importance of stare decisis, we now conclude that our prior cases were wrongly decided.
In both Rew (73 AD3d at 1464) and Cropsey v County of Orleans Indus. Dev. Agency (66 AD3d 1361, 1362), this Court wrote that General Municipal Law § 50-e bars the commencement of an action against an individual who has not been named in a notice of claim where such notice is required by law. The decision in Rew cited only Cropsey for that proposition, and the decision in Cropsey cited only Tannenbaum v City of New York (30 AD3d 357, 358) in support of its statement to the same effect. In deciding Tannenbaum, the First Department cited only White v Averill Park Cent. Sch. Dist. (195 Misc 2d 409, 411 [Sup Ct, Rensselaer County 2003] [James B. Canfield, J.]) in support of its statement that section 50-e "makes unauthorized an action against individuals who have not been named in a notice of claim" (Tannenbaum, 30 AD3d at 358).
We can find no cases before White with such a holding. Indeed, in Travelers Indem. Co. v City of Yonkers (142 Misc 2d 334, 336), one of the only reported cases addressing the issue prior to the decision in White, the court wrote that it was "not aware of any provision in the General Municipal Law [that] would require the plaintiff to name any officer, appointee or employee in a notice of claim where the municipality was so named as a party." Because White appears to be the first case to impose such a requirement, we begin our analysis with that case.
The decision in White is devoid of any legal authority supporting the Justice's view that individual employees must be named in a notice of claim as a condition precedent to the commencement of an action against them. The Justice who authored the decision in White concluded that, without naming the individual employees, the municipality does not have "enough information to enable [it] to adequately investigate the claim" (195 Misc 2d at 411). He thus concluded that "permitting plaintiffs to prosecute causes of action against individuals who were not named in the[] notice of claim is contrary both to the letter and the purpose of [General Municipal Law § 50-e]" (id. at 412).[FN1]
Although White has been cited in numerous published and unpublished trial level cases, the first Appellate Division case to cite White is Tannenbaum (30 AD3d at 358). In that case, the First Department wrote: "General Municipal Law § 50-e makes unauthorized an action against individuals who have not been named in a notice of claim (see [White, 195 Misc 2d at 411]), thus warranting dismissal of the state claims against [the individual defendants] (see Matter of Rattner v Planning Commn. of Vil. of Pleasantville, 156 AD2d 521, 526 [1989], lv dismissed 75 NY2d 897 [1990])" (id. at 358).
As noted above, the decision in White cited no legal authority for its holding and, although the First Department also cited to Rattner (156 AD2d at 526),[FN2] that case does not stand for the proposition that individual employees must be named in a notice of claim. Rattner merely held in relevant part that a notice of claim pursuant to General Municipal Law § 50-e is required for actions against individual parties where "it is clear that the [claims] were brought against them in their official capacities" (id. at 526). That is because the purpose of a notice of claim is to permit governmental authorities to investigate claims expeditiously (see Rosenbaum v City of New York, 8 NY3d 1, 11; see generally Sandak, 308 NY at 232). Where the governmental entity would be required to indemnify the individual employees named in a lawsuit, that governmental entity must be afforded the same opportunity to investigate the claims made against the individuals. Thus, the issue in Rattner (156 AD2d at 526) was whether a notice of claim, to be served on the public corporation, was required at all, not whether the notice of claim needed to name the specific individual employees.
The First Department has recently reaffirmed its position in Tannenbaum, stating that an action could not proceed against individual defendants "because they were not named in the notice of claim" (Cleghorne v City of New York, 99 AD3d 443, 446). In that decision, the only case cited by the Court was Tannenbaum. IV
Our first foray into the subject matter was our decision in Cropsey. In that case the plaintiff appealed from an order that, inter alia, granted that part of the defendants' motion to dismiss the complaint in its entirety as to an employee of the defendant County of Orleans Industrial Development Agency. In determining that Supreme Court properly granted that part of the motion, we wrote, " General Municipal Law § 50-e makes unauthorized an action against individuals who have not been named in a notice of claim' where such a notice of claim is required by law" (Cropsey, 66 AD3d at 1362, quoting Tannenbaum, 30 AD3d at 358).
In our next decision addressing the issue, we were called upon to decide whether a trial court properly denied an individual deputy's motion to dismiss the complaint against him (Rew, 73 AD3d at 1464). We wrote: "General Municipal Law § 50-e bars an action against an individual who has not been named in a notice of claim only where such notice is required by law [citing Cropsey, 66 AD3d at 1362]. The naming of a county employee in the notice of claim, and thus the service of the notice of claim upon the employee, is not a condition precedent to the commencement of an action against such person unless the county is required to indemnify such person' " (id. at 1464, quoting Bardi v Warren County Sheriff's Dept., 194 AD2d 21, 23-24, citing § 50-e [1] [b]).[FN3] We ultimately held in Rew that a notice of claim was not required by law because the defendant County of Niagara had no duty to indemnify the individual deputy. The conduct of the deputy, as alleged by the plaintiff, " amount[ed] to [an] intentional tort[ ]' that [fell] outside the scope of his employment and thus [was] not encompassed within the duty to indemnify" (id. at 1464).
There is no doubt that, despite the absence of any statutory provision so holding, numerous cases have held that, where a notice of claim is required by law, a plaintiff must, as a condition precedent to the commencement of an action against individual employees of a public corporation, name those employees in the notice of claim. In support of her position that individual employees need not be named in a notice of claim, plaintiff notes the absence of any such requirement in General Municipal Law § 50-e and quotes from Schiavone (51 AD2d at 981) for the proposition that, "[o]n a purely practical basis, it is obvious that, uniquely in medical malpractice actions, a potential claimant may be unable to ascertain the perpetrators of the alleged malpractice within the 90-day notice period."
Schiavone dealt with a conflict between County Law former § 52 (2), which then required service of the notice of claim on all individual employees as a condition precedent to the commencement of an action, and General Municipal Law § 50-d, which dealt with actions against government-employed physicians and required that service of a notice of claim be made pursuant to General Municipal Law § 50-e, i.e., only upon the municipal corporation (Schiavone, 51 AD2d at 981). The Second Department determined that the failure to serve a notice of claim on resident physicians did not preclude the subsequent action against them (id.). Relying on Sandak, the Court wrote that, "[a]s in Sandak, the physicians in the instant case allegedly performed the acts complained of; they needed no advance notice, as does a municipality, to investigate facts of which they were unaware or to obtain information which subsequently might cease to be available" (id.).
The underlying issue in Schiavone concerned service of the notice of claim on the resident physicians, but the Court's rationale, i.e., recognizing that a plaintiff may not have an opportunity to identify the perpetrators of the tort in such a short period of time, applies equally to whether those individuals must be named in a notice of claim. V
The question for this Court is whether we should follow our prior decisions, based on the doctrine of stare decisis. "The doctrine of stare decisis recognizes that legal questions, once resolved, should not be reexamined every time they are presented . . . The doctrine . . . rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes . . . Stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process" (Matter of Philadelphia Ins. Co. [Utica Natl. Ins. Group], 97 AD3d 1153, 1155 [internal quotation marks omitted]).
While stare decisis is the preferred course, that doctrine "does not enjoin departure from precedent or preclude the overruling of earlier decisions" (Matter of Simonson v Cahn, 27 NY2d 1, 3; see Dufel v Green, 198 AD2d 640, 640-641, affd 84 NY2d 795). We previously wrote that, "[i]n our view, [a]lthough due deference should be accorded the doctrine of stare decisis in order to promote consistency and stability in the decisional law, we should not blindly follow an earlier ruling [that] has been demonstrated to be unsound simply out of respect for that doctrine' . . . [T]he doctrine of [stare decisis], like almost every other legal rule, is not without its exceptions. It does not apply to a case where it can be shown that the law has been misunderstood or misapplied, or where the former determination is evidently contrary to reason. The authorities are abundant to show that in such cases it is the duty of courts to re-examine the question' " (Kash v Jewish Home & Infirmary of Rochester, N.Y., Inc., 61 AD3d 146, 150; see Rumsey v New York & New England R.R. Co., 133 NY 79, 85; see also Matter of Eckart, 39 NY2d 493, 498-499).
Although "[p]recedents involving statutory interpretation are entitled to great stability" (People v Hobson, 39 NY2d 479, 489; see Matter of Chalachan v City of Binghamton, 81 AD2d 973, 974, affd 55 NY2d 989), we conclude that the courts have misapplied or misunderstood the law in creating, by judicial fiat, a requirement for notices of claim that goes beyond those requirements set forth in the statute. If the legislature had intended that there be a requirement that the individual employees be named in the notices of claim, it could easily have created such a requirement. Indeed, the absence of such a requirement has previously been noted (see Verponi v City of New York, 31 Misc 3d 1230 [A], 2011 NY Slip Op 50908 [U], *5). It is a well-settled rule of statutory construction that, "where as here the statute describes the particular situations in which it is to apply, an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted or excluded' " (Patrolmen's Benevolent Assn. of City of N.Y. v City of New York, 41 NY2d 205, 208-209, quoting McKinney's Cons Laws of NY, Book 1, Statutes, § 240). Inasmuch as the notice of claim requirements are "in derogation of [a] plaintiff's common-law rights," the statute creating such a requirement should be strictly construed in the plaintiff's favor (Sandak, 308 NY at 230).
Finally, as the Court of Appeals has often stated: "The test of the sufficiency of a Notice of Claim is merely whether it includes information sufficient to enable the [municipality] to investigate' . . . Nothing more may be required' . . . Thus, in determining compliance with the requirements of General Municipal Law § 50-e, courts should focus on the purpose served by a Notice of Claim: whether based on the claimant's description municipal authorities can locate the place, fix the time and understand the nature of the accident" (Brown v City of New York, 95 NY2d 389, 393; see e.g. Rosenbaum, 8 NY3d at 10-11; O'Brien v City of Syracuse, 54 NY2d 353, 358).
The underlying purpose of the statute may be served without requiring a plaintiff to name the individual agents, officers or employees in the notice of claim. We share the concern enunciated in Schiavone (51 AD2d at 981) that plaintiffs may not be able to meet that judicially-created requirement. VI
Therefore, to the extent that our decisions in Rew (73 AD3d at 1464) and Cropsey (66 AD3d at 1362) held that General Municipal Law § 50-e bars an action against individuals who have not been named in a notice of claim, where such a notice is required by law, those cases are no longer to be followed. Accordingly, we conclude that the order denying defendants' motion to dismiss the complaint against the Employee Defendants should be affirmed.
In view of our determination that the order should be affirmed, we do not address plaintiff's remaining contention. Entered: March 22, 2013 Frances E. Cafarell Clerk of the Court Footnotes Footnote 1:White and, subsequently, Tannenbaum have been followed by other trial level cases (see e.g. Almas v Loza, 2011 NY Slip Op 32721[U] [Sup Ct, NY County]; Guzman v City of New York, 2011 NY Slip Op 30797[U] [Sup Ct, NY County]; Martire v City of New York, 2009 NY Slip Op 31648[U] [Sup Ct, NY County]; Gray v City of New York, 2006 NY Slip Op 30417[U] [Sup Ct, NY County], adhered to on rearg 2007 NY Slip Op 34198[U] [Sup Ct, NY County]; T.P. ex rel. Patterson v Elmsford Union Free Sch. Dist., 2012 WL 5992748, *8 [SD NY]; Edwards v Jericho Union Free School Dist., 2012 WL 5817281, *9 [ED NY]; Alexander v Westbury Union Free Sch. Dist., 829 F Supp 2d 89, 110 [ED NY 2011]; Dilworth v Goldberg, M.D., 2011 WL 4526555, *6 [SD NY]; DC v Valley Cent. Sch. Dist., 2011 WL 3480389, *1 [SD NY]; Schafer v Hicksville Union Free Sch. Dist., 2011 WL 1322903, *11 [ED NY]). Footnote 2:In their reply brief, defendants contend that, because the Court of Appeals dismissed the plaintiff's application for leave to appeal, they thus affirmed the appellate court's order. That contention lacks merit because a denial or dismissal of an application for leave to appeal is not the equivalent of an affirmance (see e.g. Matter of Conservative Party of State of N.Y. v New York State Bd. of Elections, 88 NY2d 998, 998; Parillo v Salvador, 276 AD2d 1000, 1001, lv denied 96 NY2d 702; Matter of Quirk v Evans, 116 Misc 2d 554, 556). Footnote 3:We have previously addressed the erroneous statement regarding service, supra.
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text: Hi Jon, On Thu, 2012-12-13 16:09 EST, Jonathan Grimes <jonathan@...> wrote: > Hi All, > > I have 2 different states of the same molecule......different > conformations generated from MD, so the same number of Calpha atoms, with > a direct 1:1 mapping between Calphas with the same residue numbering. > > I would like to draw a "bond" between equivalent C-alpha atoms, and I > will then ramp colour along the bond, say blue-white-red. > > Could I get advice how to draw a bond between 2 Calpha atoms (same > resi) from different states I have a script for drawing a cylinder (you can specify the radius and the beginning and ending colors) between two atoms. The script is at: http://pldserver1.biochem.queensu.ca/~rlc/work/pymol/draw_cylinder_cgo.py First "run" the script via the "File" menu or via the command line: run draw_cylinder_cgo.py You will then have two new functions defined "draw_cylinder" and "draw_cylinder_cgo". The former allows you to pick two atoms to draw the cylinder between: draw_cylinder name, atom1, atom2, radius, start_color, end_color where each atom is a standard PyMOL selection (defaults to pk1 and pk2) and color is a 3-element RGB tuple defining the color of the cylinder (where each value of R, G and B is between 0 and 1 inclusive). The colors default to (1,1,0). Alternatively, draw_cylinder_cgo takes as arguments the start and end coordinates of the vector in place of atom1 and atom2. Hope that helps. Cheers, Rob -- Robert L. Campbell, Ph.D. Senior Research Associate/Adjunct Assistant Professor Dept. of Biomedical & Molecular Sciences Botterell Hall Rm 644 Queen's University, Kingston, ON K7L 3N6 Canada Tel: 613-533-6821 <robert.campbell@...> http://pldserver1.biochem.queensu.ca/~rlc


text:
My company Road Ahead is primarily about music teaching. Digital media has become so vital in music, I branched out to graphic and web design and even film making. Also, I am studying photography. Here is then, my media blog. There are separate pages for photography, graphic design, web design and film. Road Ahead Music is a separate web site. Here on the home page, I am attempting to keep a range of interesting posts on my various media and musical projects.
Portrait Study
I have a new poem coming out!
During 2015, in my second year as an undergraduate, I had my first poem published with Spectral Visions Press. It was an exciting time as previous to this I had only one poem published to my name; a poem I had written and submitted to a competition when I was 11 years old (which, it is safe to say, is now a little embarrassing to my 23-year-old self!)
I'm now excited all over again to be having a second poem published with Spectral Visions Press in this years 'Tarot Collection' anthology. While my 2015 poem 'Mulier Maris' was published in the 'Grim Fairy Tales' anthology, what is all the more exciting to me about the 'Tarot Collection', is that each individual writer has taken their given Tarot card and explored the themes, symbolism and meanings related to their specific card. So, there is no doubt…
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Degeneration: The All American Nightmare
Spectral Visions: The Creative Journey
In relation to our current world issues, Jenah Colledge created an idea for an effective photo shoot based on consumerism and coercion, offering a visual contrast of the American Dream and a 21st century decaying reality. Jenah graduated with a BA Honours in English and Drama and is currently studying an MA in English Studies. She also works closely with Spectral Visions as their director of social media and Editorial Team Leader for the press.
By means of drawing attention to the reality of the horrors we live in, I was forced to take a stand and make my voice heard. Constant news reports of hatred, political idiocy, racism, and the desperate attempt to segregate mankind has only brought the decaying reality of a coerced population to my attention. In a fabricated attempt to offer gilded promises of a better world, the actions agreed are quickly abolished by the powers-that-be, with…
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Degeneration: The All American Nightmare
Here is a project with a message that means a lot to me. I've re-blogged the article below so please have a read. Essentially, we have a photo shoot in an American style diner to illustrate an article on society. It's not anti American, it merely uses the American Dream concept to reference consumerism as used to control individuals and detract from the horrors of rampant greed and corruption.
The designer is Jenah College. She uses exquisite horror makeup with smart costume. It juxtaposes the look of very sick people (or even zombies) going through the normal motions, oblivious to the worsening world problems.
Well done to Jenah, Jennie, James, Rosie and Rachel and many thanks to the owners of Park Lane Café for being so accommodating!
'This is not a democracy anymore' –Capitalism and Consumption, the 21st century Zombie metaphor
I can't hear enough of this message. The true face of consumerism without the rose tint. I might add in the brain sucking effect of corporatism and the blinkered masses, but I'd just end up going on all day. Well done to Jenah, Jenny, Rosie, James and Rachel. It was great to be a part of the project.
In conjunction with our photo shoot, Degeneration: The All American Nightmare, Jennie Watson has contributed with an article on consumerism and zombie culture. Jennie graduated with a BA Honours in English and Drama and is currently studying an MA in English Studies. She also works closely with Spectral Visions Press as Deputy Editorial Team Leader.
The American Dream is the ethos of the Land of the Free, but what does it really represent? Does it mean prosperity for all who work hard regardless of social order, or is it a materialistic ideology that enslaves rather than emancipates? Are the fast cars and the big house with the white picket fence really just around the corner? In truth, the representation of the American Dream is different for every American. With racial discrimination still rife, is the American Dream not a meaningless platitude used by the middle-class white American to give…
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More on Gothic Portraits
Goth Girls
Here are samples from the photo shoot for the new Spectral Visions blog. The article by Jenah College is What Makes Goth Girls Gorgeous? Beautiful Spectral Visionaries are the canvas for Jenah's artistry. The blog article examines the lure of the Gothic lady. For me, this was a great chance to further chart the realm of portrait photography. With the new Canon, the Sigma Art Lens, a few cheap LED lights and a bit of black curtain, I sought to put into practice some of this year's study material. Click on an image to enlarge or arrow key to move through the gallery when open.


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SAN FRANCISCO (AP) - The San Francisco Giants acquired All-Star infielder Eduardo Nunez from the Minnesota Twins on Thursday night in exchange for a minor league pitcher.
SPRINGFIELD, N.J. (AP) - A drab year for Jimmy Walker took a turn for the worse two weeks ago at the British Open, when he stayed in what was dubbed the "frat house" at Royal Troon with Jordan Spieth, Rickie Fowler, Justin Thomas, Jason Dufner and Zach Johnson.
SAN JOSE (AP) - Didier Drogba hardly felt like celebrating his goal given the MLS All-Stars missed multiple late scoring chances that cost them their all-star game against Premier League power Arsenal.
MEXICO CITY (AP) - The NFL says the Nov. 21 Monday night game in Mexico City between the Oakland Raiders and the Houston Texans has sold out within minutes.
LAS VEGAS (AP) - Developers who want to build a domed stadium for the Oakland Raiders in Las Vegas vowed to zero in on two potential sites within the next month as they face a tight timeline to lock in a real estate deal, government approvals and the NFL's blessing.
MOSCOW (AP) - Russian President Vladimir Putin hit out at "discrimination" against the country's banned track and field athletes at a Kremlin send-off ceremony Wednesday for its depleted Olympic team.
NEWARK, Del. (AP) - Elena Delle Donne had dreamed of playing basketball in the Olympics since she was little.
NEW YORK (AP) - Fitz Magic has returned and - voila! - the New York Jets are heading into training camp with their starting quarterback under contract.
FOXBOROUGH, Mass. (AP) - New England Patriots coach Bill Belichick acknowledged on Wednesday that Jimmy Garoppolo will have to start the first four games of the season at quarterback and said the top priority of training camp would be to get the former backup ready.
ENGLEWOOD, Colo. (AP) - The Super Bowl champs begin training camp Thursday with major questions on both sides of the ball, beginning with who will be the one throwing it.
MIAMI (AP) - MLB Commissioner Rob Manfred says more rule changes are needed to improve the pace of play, and one proposal under consideration is a limitation on relief pitching changes in an inning or a game.
SPRINGFIELD, N.J. (AP) - Henrik Stenson took his silver claret jug and headed straight for Switzerland to play in a charity event organized by Sergio Garcia. It turned out to be the perfect occasion to deliver an important message to the host.
SAN FRANCISCO (AP) - The way the San Francisco Giants are going these days, even a solid outing from their four-time All-Star and staff ace wasn't much help.
ARLINGTON, Texas (AP) - Coco Crisp and Khris Davis got Oakland off to a quick start against Yu Darvish. Then came their big blows against a hard-throwing reliever to clinch the fourth series in a row for the Athletics.
OAKLAND (AP) - Cheered all night long by his basketball-crazed new fan base, Kevin Durant knocked down a 3-pointer on the Americans' first touch and slammed home a dunk the very next time down the floor.
Page 34 of 861
NEW YORK (AP) - Mark McGwire is getting another swing at the Hall of Fame.
SANTA CLARA (AP) - The losses keep piling up for the San Francisco 49ers.
ALAMEDA (AP) - The Raiders are expected be without tight end Lee Smith and former starting middle linebacker Ben Heeney for the rest of the season ...
OAKLAND (AP) - Sonny Gray showed up at spring training eight months ago with big aspirations for himself and the Oakland Athletics this season.
SAN FRANCISCO (AP) - Pitcher Jake Peavy grabbed the microphone and promised a sellout crowd more special October baseball, and who could doubt him given the ...
Page 31 of 31
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Stephen Oubre
member for 8 years, 2 months, 6 days
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Researching these families on my mother's side: Weems(SC-AL-MS-LA-TX), Brown(Ireland-SC-GA-MS), George(KY-AL-MS), Pettigrew(Ireland-VA-NC-SC-AL-MS-TX), Binns(VA-NC-MS-TX), and Turner(VA-SC-AL-MS-LA-TX).
Other surnames in my mother's line: Tittle, Langley, Skinner, Hoskins, Cross, Byers, McGaw, Devlin, Elliott, Gilbert, McDonald, and Young.
Researching these families on my father's side: Oubre(LA-MS), Byrd/Bird(NC-MS), Gifford(TN-AL-MS), Giles(SC-AL-MS), Gourdain(France-LA), Matthews(NC-MS-TX), Jackson(AL-MS), Hammack(VA-GA-MS-TX), and Gaudin(Canada-LA).
Other surnames in my father's line: Braud/Breaux, McKenney, Parnell, Stuart/Stewart, Aust, Jones, Bethany, and Watt.
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Mary Lou Ayers
RE: Henry Hoskins and son W. Henry Hoskins
Henry Hoskins, Jr is in Pelahatchie.
Sr who was shot off his horse in Jones Co while returning home from working at the Ferry on the Leaf River, near Hoskins Creek. Burial of Sr unknown by me. If you have any info I would greatly appreciate it.
Henry, Sr - ggg grandfather - married Susannah Bridges - location unknown
Henry, Jr - gg grandfather - married Tobitha buried Pelahatchie Cemetery.
Mary Lou Ayers
Added by
Mary Lou Ayers
on Jul 13, 2016 4:24 PM
Infant Hoskins
Checked my settings and fixed that. Would you like me to transfer that to you? I'd be happy to.
Added by
on Jul 05, 2016 7:33 PM
Infant Hoskins
Thank you for the clarifying info for the stone. I've added that along with the changes to the profile. It was quite a while ago since I was there and took the picture. You're right about the 6s and 8s and it was such a damaged stone. Are you related to the Hoskins?
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on Jul 05, 2016 12:39 PM
Minnie Allice Adams
Thanks for the heads up!
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on Jun 20, 2016 10:54 AM
Terrie Tag
RE: Eugene Oubre dod 1884
You are awesome! Thanks so much!
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Terrie Tag
on Nov 25, 2015 1:45 PM
Terrie Tag
RE: Eugene Oubre dod 1884
Hi Stephen, yes, sorry I meant date of death. And yes, Eugene Oubre married to Marie Emeline Tircuit. Since it is a direct line ancestor I'd just like to be sure my information is correct, and if not, change it. I thank you for any information you can provide to me on him.
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Terrie Tag
on Nov 23, 2015 9:03 PM
Terrie Tag
Eugene Oubre dob 1884
Hi Stephen! Was wondering if you have a source for the death of Eugene of 25 Mar 1884 that you could provide me? He is my GG Grandfather, and someone else had given me a dob of 3 Mar 1884. She said she got the info from the tombstone. Just trying to get my info correct, as I couldn't find his death listed in the church books. Thanks!
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Terrie Tag
on Nov 21, 2015 12:01 PM
Terry Rasberry
RE: Bessie Petway Halfacre
It was published in the Meridian Star. It was in a scrapbook of my late aunt. I will check on the date. My aunt wrote dates on some, but not all.
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Terry Rasberry
on Mar 08, 2015 1:43 PM
Sharon Clontz Rowe
RE: Martha Creswell
You are welcome.
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Sharon Clontz Rowe
on Jul 28, 2014 7:24 PM
Judy Ber2c W
I went ahead and transferred their memorials to you. I only took the pix so I would remember where my family was across from. God bless.
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Judy Ber2c W
on Jul 10, 2014 10:47 AM
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"Walking the streets" Back Street Canals Tip by pauleast
Back Street Canals, Venice: 101 reviews and 141 photos
Walk walk walk!
Is the best way to see the city of Venice and you really cannot get too lost. You will come across some great little back street canalas and bridges and see some lovely little cars and cafes so why not stop and rest a while!
Eventually you'll see signs painted on a building corner saying S Marco or Rialto so don't worry about a map!
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