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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Cousins issued right rudder commands to result in the desired course change and took the ship off autopilot. While such efforts did not result in turning swiftly Cousins ordered further right rudder with increasing urgency. The bumpy ride and six very sharp jolts occurred at 12:04 AM. The vessel grounded towards southwest balanced across its middle on a pinnacle of Bligh Reef. Eight of the eleven oil tanks punctured flooding about 5.8 million gallons out of the tanker in the first three and quarter hours. The confessions at NTSB indicated that Cousins may have been awake and normally at work for up to 18 hours preceding the accident. There is the evidence of direct impact of fatigue on human performance error and recognized that about 80% or more of marine accidents are attributable to human error. (Details about the Accident)
The circumstantial factors like prolonged duty hours, poor working conditions, monotony and sleep deprivation can give rise to a scenario where a pilot and/or crew members may become the susceptible to the occurrence of an accident. Besides the personnel policies may also have influenced the crew fatigue. A comparative figure indicated by Arthur McKenzie of the Tanker Advisory Center in New York revealed that the tankers during 1950 required a crew of about 40 to 42 to deal with only 6.3 million gallons of oil while in Exxon Valdez could rely with a crew of 19 to transport 53 million gallons of oil. The U.S. Coast Guard sets the limits for minimum vessel manning however, without any agency wide standard for policy. While Exxon could protect their actions on economic policies the report indicates that severe criticism are leveled against them for manipulating overtime records to better justify reduced manning levels.
Larossi and Exxon could defend that the modern automated vessel technology allowed the reduced manning without any cost in terms of safety or functions. However, the literature indicated that automation cannot substitute humans in the systems instead it places the human in a different, more demanding role. Automation particularly declines the manual workload but enhances the mental workload. The NTSB and Courts finally concluded the work hours of the Cousins and the limitations of the crew personnel. The Oil Spill Commission of Alaska suggests that crew levels be set high sufficiently not only to allow safe operations during ordinary conditions in the Gulf of Alaska can be highly demanding but also to generate sufficient crew backups and rest periods that crisis situations can be dealt by a new and well supported personnel. (Details about the Accident)
The immediate response to deal with the spreading sea of oil was a challenge to the capabilities of the Alyeska Pipeline Service Company and the reports revealed that it was unexpectedly slow and woefully insufficient. The global capabilities of Exxon Corp would mobilize huge quantities of equipment and personnel to attend to the spill but its efforts were not adequate during first few hours and days when containment and cleanup efforts are in full swing. The U.S. Coast Guard could indicate its prowess at ship salvage, safeguarding the crews and lightering operations, however, proved utterly incapable of oil spill containment and response. The state and federal authorities demonstrated differing levels of preparedness and command capability. The Waters of Prince William Sound and gradually about more than 1000 miles of beach in South Central Alaska would be fouled by 10.8 million gallons of crude oil. (Details about the Accident)
John Keeble narrated the story in 'Out of the Channel: the Exxon Valdez Oil Spill in Prince William Sound' particularly the concentrating on the way the Exxon dealt the public relations aspect of the disaster and a critique of the way Exxon handled the public relations dimension of the incident. The way Exxon Company dealt with the spill was regarded as more tragic. The major task of the Company at the time was to attempt cleaning operations in the area and generate goodwill among the residents of the area. It was strangled not only with physical cleanup but also attempted to have a spiritual cleanup. However, the inherent emotional damages could not be challenged effectively by Exxon. The individuals residing in the area felt the management of the spill by the company was quite inadequate. (Out of the Channel: The Exxon Valdez Oil Spill in Prince William Sound)
One individual could visualize that the basic problem was initiated with the failure of the Exxon to visualize the world. They are blamed to be dealt with the PR and not cleanup. The whole management system of the clean up process appeared ineffective, mismanaged, peril while rapidly the oil was spreading more shoreline, more fishing water and endangering more species. Millions of dollars have been spent in media advertising to create campaigns assuring people that Prince William Sound would be back to normal in no time. Exxon attempted to appear good to the public and spend large amount of money towards the problem but had actually no idea of attacking the way they would actually clean the entire affected area. Exxon applied its power and money to appear good instead of fixing the problem. (Out of the Channel: The Exxon Valdez Oil Spill in Prince William Sound)
The Exxon Valdez discarded 11 million gallons about 41.8 million liters of crude oil and made 2080 kms of coastline poisonous. The effects of such huge spreading of crude oil resulted in heavy mortality of wildlife in terms of the death of 250000 sea birds, about 3000 sea otters, 300 harbor seals, and 250 bald eagles and up to 22 killer whales. This led an Alaskan Department of Environment to regard the revival of the area was like attempting to park a Cadillac in a Volkswagen spot. The tourist industry has been feared a major setback in the area. (1989: Exxon Valdez creates oil slick disaster)
Even one and half decades of shocking Exxon Valdez oil spill that infused 11 million gallons of oil into a pristine wilderness area in Prince William Sound, Alaska, the efforts of ExxonMobil is still considered to be inadequate in bringing the true state of the site of the spill freeing it from the adverse effects of massive oil pollution. The recent study published in Science magazine, concluded that far from having recovered the Sound area persists to experience problems as a result of oil continuing from spill. The mortality in the aftermath of the oil spill spread over 500 miles of the coastline appeared very high specifically with sea otter, sea bird and harbor seal population. Oil is still found to be prevalent in the Sound and continues to be poisonous having long-term impact on fish, sea otters and sea ducks. (Exxon Valdez disaster: 15 years of lies)
The Greenpeace Campaigner Anita Goldsmith regarded the techniques of the ExxonMobil as the traditional case of deny, dupe and delay. It is denying the change of environment; it dupes public through campaigning into the impression that it is an environmentally and socially responsible corporation. The ExxonMobil has engaged persistently in funding the research to safeguard its argument and misinform the public. It funded the research activities in legal and academic journals that safeguard the company argument that juries are not competent to give verdicts in criminal charges against the damages. The Company advocated for taking more action to confirm the fact while the world is under the influence of changing weather, droughts, floods etc. (Exxon Valdez disaster: 15 years of lies)
After two years of the Exxon Valdez ran aground the Exxon paid the State and Federal governments about $1 billion to settle criminal and civil claims pending against the oil company. Out of this about $180 million of has been funded for scientific studies and research such as the Forest Service's recreational-use-study. The public in Sound realize that the Exxon is not telling the truth and the Sound is still dead. Representative Beth Kerttula in the State Legislature declared Money cannot buy back Prince William Sound, but it can help bring closure. (Sound use doubles since 89) The Oil Pollution Act framed in response to the Exxon Valdez oil spill is operating internationally assures the safe operations of the tankers. Representative Sherwood Boehlert revealed that the nation spills less oil than it used to even though it uses more oil than it is used to.
This is considered to be a good effect of the major spill of 1989. The president of Alyeska Pipeline Service Co. that operates the trans-Alaska oil pipeline over 800 miles and supervises the tanker traffic in Prince William Sound observes that the company presently functions as one of the safest oil transportation systems in the world. However, some inherent problems still…[continue]
"Exxon Valdez The Oil Tanker" (2005, October 06) Retrieved December 4, 2016, from http://www.paperdue.com/essay/exxon-valdez-the-oil-tanker-68874
"Exxon Valdez The Oil Tanker" 06 October 2005. Web.4 December. 2016. <http://www.paperdue.com/essay/exxon-valdez-the-oil-tanker-68874>
"Exxon Valdez The Oil Tanker", 06 October 2005, Accessed.4 December. 2016, http://www.paperdue.com/essay/exxon-valdez-the-oil-tanker-68874
Instead, he believed from the charts he had studied that it would be possible to steer safely through the sharp rocks of the reef, shortening the time and distance of the trip (Streissguth & Chandler, 2003). Just after midnight, the ship struck the reef, and the disaster began. Soon thereafter, accusations began flying. Hazelwood had a history of drunk driving (of his car), and admitted to having several drinks
Like most litigations on such complicated issues the company had little to do but show reasonable accommodation, adopt better surface practices and wait out a lengthy period before their liability was reduced substantially by the courts. Ethical analysis: The key ethical issues of the case are pretty clear, did the captain knowingly endanger the environment by continuing to retain his position and navigate tankers through the area and did the company
It remains uncertain, therefore, that the Exxon Valdez spill was not, in fact, larger in scale and scope than the Horizon disaster. Conclusion: The Horizon disaster, as it bears noting, helps to demonstrate how little has truly changed in two decades. Even as environmental concerns grow ever-more pressing, oil companies continue to act with relative impunity. The sheer profitability of the industry keeps it insulated from many of the safety and
Rawl confessed that it was "bad judgement involved in even putting a person with a critical skill back in that kind of work...It is pretty clear we have to tighten those things up" (Loeb pp). When asked what advice he had for other CEOs, Rawl stated that they had better prethink which way they are going to jump from a public affairs standpoint before they have any kind of a
The workforce should be clear about the implementation of technologies for protecting natural resources, through formulating strategies. Ratification of the International Maritime Organization (IMO) 1984 Protocols Domestic legislation on compensation and liability is needed to implement two IMO protocols related to compensation and liability. The United States should ratify the 1984 Protocols to the 1969 Civil Liability and the 1971 Fund Conventions. Expeditious ratification is essential to ensure international agreement on
(Tanner, 1) The tanker, which ran afoul of a support girding for the Bay Bridge, released the remarkable amount of oil into an area which is highly populated by plants, animals and people, and is also incidentally ensconced on three sides by the now tainted Pacific waters. In the immediate aftermath of the event, it was clear that such areas as San Francisco had taken the brunt of this poorly
Fluctuations in any natural ecosystem have the potential to wreak havoc on the environment and animal populations as a whole. The impact of environmental oil spills has been studied for decades, thus there is a certain predictive quality regarding the events that will occur immediately after an oil spill. One might assume that if the nature of oil spills and recovery efforts are predictive, than adequate measures can be taken


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Come Back
Kelly RowlandBuy this song
[Chorus:] I got that comeback The hubba bubba I got the run back Run back and tell you mother I throw the Ra-Ra Only up when they go all the way down I got a lifetime warranty Guaranteed You'll never leave Warning Beware, handle with care If you're lucky There's a chance you'll make it there This is serious Girls like me is so rare Once I get that Imma put that on him Put that, put that, put that on him Now I know what I'm doing Whatchu gon' do with this? I'll let you catch a feeling With just a little bit Don't wanna rush into it And catch a sugar fit Once I get that Imma put that on him Put that, put that, put that on him [Chorus:] Caution Keep away from open flames Cause it's hot hot hot Fire marshals can't contain it You need rehab Cos this thing is so addictive When you put that on her Put that on her
Written by: ROBERT GRAHAM BOYD
Lyrics © Sony/ATV Music Publishing LLC, BMG RIGHTS MANAGEMENT US, LLC
Lyrics Licensed & Provided by LyricFind
Discuss the Come Back Lyrics with the community:
Use the citation below to add these lyrics to your bibliography:
"Come Back Lyrics." Lyrics.com. STANDS4 LLC, 2016. Web. 2 Dec. 2016. <http://www.lyrics.com/lyric/21933216>.


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Grace Vanderwaal is the 12-year-old that the whole world is probably talking about right now.
From the moment she showed up on NBC's America's Got Talent, it a super clear that she was a very talented in young girl.
That's what ultimately sent her all the way to the end of the competition and ultimately winning the whole thing.
She may well be the singer-songwriter that changes the industry.
It's not very often nowadays that artists as young as Vanderwaal hit it big being a singer-songwriter, but it's pretty clear she's just getting started.
She's been compared to the likes of Taylor Swift and has been praised for her unique voice.
One of the perks of winning talent series is that she will receive $1 million.
That's a whole lot of money for a young girl, but what does she plan on spending it on?
Vanderwaal wants to give some of her winnings to charity.
That's a very mature thing to say. Right?!
Usually when kids get money, they want to get the latest toys, but not Grace.
A luxury she does want is a treehouse, but aside from that, it seems like she's pretty grounded in reality and doesn't want anything extravagant.
The judges were quick to praise Vanderwaal for winning this summer's edition of the show.
She was up against a lot of talented individuals, but she emerged as the most popular.
Howie Mandel took an early shine to the contestant.
"The most amazing thing about Grace is that you haven't heard anybody who sounds like her," he says.
"You haven't heard any lyrics from somebody that is like her, and we've been saying to her, you are the most unique, brightest star to come out of one of these shows."
The young star even sent Simon Cowell all the way back 14 years to when Kelly Clarkson won the first season of American Idol.
"That moment at the end, it reminded me of the Kelly Clarkson moment. You know, when they said, 'And the winner is Kelly Clarkson,' " Cowell says.
"I kind of had that same feeling again when they read her name out, and I saw her reaction and she was literally in pieces. I like that though."
The rest of the judges had similar sentiments.
Even host, Nick Cannon chimed in with his thoughts on Vanderwaal.
"I'm not going to say I called it, but I've been saying that young girl is a superstar since the moment that I met her," he says.
"Her energy. Her vibration. Her light is so real now the world is about to see even more."
We couldn't agree more.
What do you think of all this?
Hit the comments below!


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Conor McGregor's head coach John Kavanagh predicts a 4th round finish vs Nate Diaz at UFC 202 on August 20th. He is not certain if he'd want to have Conor cut down to 145 pounds again as it's a tough watch video >>
As Diaz vs McGregor 2 nears at UFC 202, fellow UFC stars weigh in on Conor McGregor's polarizing personality and most impactful moments inside the Octagon. Watch the latest UFC ON FOX content: http watch video >>
Before his rematch against Conor McGregor at UFC 202, Megan Olivi catches up with Nate Diaz on his background, marathons, his brother and his thoughts on his first fight with Conor McGregor in this F watch video >>
John Kavanagh joins Damon Martin to preview the upcoming fight between Conor McGregor and Nate Diaz. Follow John on Twitter: https://twitter.com/John_Kavanagh Follow Damon on Twitter: https://twitt watch video >>
UFC featherweight champion Conor McGregor and Nathan Diaz discuss their rematch at UFC 202 on August 20th in Las Vegas, Nevada. Subscribe for more MMA / UFC news / updates: http://tinyurl.com/mmadige watch video >>
UFC featherweight champion Conor McGregor and Nathan Diaz discuss their rematch at UFC 202 on August 20th in Las Vegas, Nevada. watch video >>
Kenny Florian and Michael Bisping take a closer look at UFC 202 in Las Vegas, which will feature Conor McGregor, Nate Diaz, Glover Teixeira, Anthony Johnson and more. watch video >>
Pat Miletich returns to Submission Radio to discuss the current state of the UFC welterweight division, Tyron Woodley knocking out Robbie Lawler to become the new UFC welterweight champion, who's nex watch video >>
Robin Black is here to breakdown the welterweight main event rematch at UFC 202 between Nate Diaz and Conor McGregor from the perspective of Conor McGregor. Don't miss UFC 202 live on Pay-Per-View t watch video >>


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Island Creek Forest Walk Trail is a 3.7 mile moderately trafficked loop trail located near Pollocksville, NC that features a river and is good for all skill levels. The trail is primarily used for hiking and mountain biking and is accessible from March until October. Dogs are also able to use this trail.
dog friendly
kid friendly
mountain biking
wild flowers
This is Game Lands, This is NOT a PARK we have seen 14 bears, coyotes, bobcats recently. Do not enter these area if you do not have the orange on , stay OUT. If you get shot it will be your fault, stay OUT.
A bit plain, but tree knowledge is kind of fun to gain by reading signs around them.
Great little get away, not to far out of town but a very enjoyable trail. Wish I could camp there for the night.
Went on this trail today with my six year old daughter. She loved it. We ended up walking the trail twice. My only complaint is that it says its over 3 miles long but when we walked it, it seem more like only a mile or so.
Jennifer C.
Well shaded and quiet. Lots of birds and squirrels. nice walk.
It was a pretty relaxing walk, with some small river running through a small section. An easy trail to start a Sunday with. (Not much of a work out though)
enjoyed a good walk through :)
Nice trail but only about one mile is marked.
Great hike! Gotta be careful of where you go though, since the trail is not all marked!
Great trail, not all of it is clearly marked. Will try to figure out how to post the map from a few years ago, or email me for it! email@example.com
Sherry M.
Went here expecting five miles....got less than one. Then I found out they close part of the trail for some part of te year. Wondered why....I decided to go past the signs and home it out. Big mistake. Ticks ticks ticks. The size of a pinhead no less. Me and my dog were covered. However all this aside, the trail was beautiful. Will be back......with big spray!!!!! :)
Great little hike. There's 4 geocaches available in this park if you like geocaching.
I have been on this trail twice. I have taken my Dobermans and they love it. We just don't love the abundance of ticks that we came home with. In the spring, they did not have any ticks but just a week ago when we hiked we brought home dozens of them. I lve this trail, it is nice, quiet and scenic. Small width trails but can be adventurous for the mountain biker. We will return when tick season has subsided.
There are many looping trails that allows both long and short hikes. Both times we have hiked up to 5 miles.
This hike is a good walk in the woods. Whereas the national forest maintains the .5 mile trial, there are roughly 8 miles of trails attached to it and each other. these are privately maintained but very accessible to hikers and mountain bikes. About 1/2 of the private trails are along fire lanes. Scenery includes a secluded creek with about 10-20 foot bluffs overlooking it. A few gently rolling small hills. it is eastern NC after all. This part does take you down to the creek in a swampy area. While most of the hike is dry, a small portion can get your feet wet or muddy depending on recent weather. The other trails take you into a pine savanna and down an old logging road. This area is very open, while the area around the creek is very wooded and during the summer has a lot of greenery. They say that Venus Flytraps grow here, but I have yet to see one. This hike is very easy. I started taking it with my son when he was 10yrs old. All trails are blazed and well maintained through out the year. There is a small kiosk at the beginning with a very accurate map of all trails. It is all looped so you will always end at the beginning. No need to stage vehicles or arrange rides. Area is hunted during season so wear orange. Also be aware of ticks and other insects in the summer, especially mosquitoes. I find early spring to be a god time to hike. Leaves and flowers are coming in, its still cool, and very little insects or other slithering animals are around. There is no water or any other facilities located here bring it with you. Only a trash can in the parking area. Parking area will hold about 10 cars maybe more if done right.


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Inspiration, ideas and information to help women build public speaking content, confidence and credibility. Denise Graveline is a Washington, DC-based speaker coach who has coached more than 140 TEDMED and TEDx speakers--many featured on TED.com--and prepared speakers to testify before the U.S. Congress, appear on national television, and deliver industry keynotes. She offers 1:1 coaching and group workshops in public speaking, presentation and media interview skills to both men and women.
Monday, January 25, 2010
TED's curator tells what works (or not) for speakers
TED--the conference known for its amazing speakers, sold-out seats and extensive web presence--this week shares the thoughts of its curator, Chris Anderson, who answers reader and viewer questions here. Among the topics he covers: speakers he's regretted inviting and why, why some talks never make it to the website, what unknowns have in competition with superstar speakers and more. An insightful read and resources for all speakers.
Posted by Denise Graveline at Monday, January 25, 2010
2 comments:
Denise, is the link in the article correct? kind regards, Kate.
- January 26, 2010 at 2:47 PM
- Denise Graveline said...
Thanks, Kate--link fixed and I appreciate the heads-up!
- January 26, 2010 at 3:31 PM


text: Let's face it: working out can be a monotonous task sometimes. Because it's mostly the same routine day after day, our brains naturally get tired of it, which can decrease the effort we put into a workout. One of the best ways to combat this kind of slowdown is through the use of music. Thanks to the shuffle feature found on most MP3 players, your workouts can now become unpredictable on an auditory level. When we don't know what song is coming next, our brains are more entertained. That means proper use of shuffle can actually increase your productivity.


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Right now, the AFC West is wide open. It is any team's division to win. There has been poor play from each team so far, and there needs to be a squad to step up big time.
Well, that team is the Denver Broncos.
Why the Broncos? After all, they do have the worst record in the division.
I'll give you five reasons why.


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- Gold Trading | September 20, 2016
From the 2011 high, a downside correction emerged in gold prices. According to traditional Fibonacci theory, the 2011-2015 pullback did not harm primary uptrend in gold prices. That means the gold tide remains bullish. Pullbacks in the tide are waves that could be used as buying opportunities. If gold takes a short-term hit, this could offer a "wave" within the tide.


text: Latest NewsFormer coach not betting on Sharks repeat He coached Cronulla to within a game of a grand final, but dual premiership-winning mentor Chris Anderson doubts the Sharks can win back-to-back NRL titles. Tue 06 Dec 2016, 4:40PMDarren Walton, AAPSandow hopeful of NRL return in 2017 Former Parramatta halfback Chris Sandow has not ruled out an NRL return in 2017 after controversially walking away from his UK Super League contract. Tue 06 Dec 2016, 4:36PMLaine Clark, AAPLessons learnt at NRL Rookie Camp Talent alone will only get you so far in rugby league. That was one of the messages delivered to 160 Holden Cup players at the 2017 Rookie Camp last weekend. Tue 06 Dec 2016, 11:00AMBy Martin Gabor, National CorrespondentTolman extends Bulldogs deal Bulldogs prop Aiden Tolman has signed a three-year contract extension that will keep him at the club through to the end of the 2020 season. Tue 06 Dec 2016, 10:48AMCountry rep Yeo wants more bush footy Penrith back-rower and Country Origin representative Isaah Yeo is hopeful the phasing out of the annual Country-City won't see less footy taken to the bush. Tue 06 Dec 2016, 10:00AMBy Chris Kennedy, National CorrespondentTaia vows to earn Titans contract extension The pain of missing their finals exit will drive Titans back-rower Zeb Taia to push himself to activate an option in his deal to remain with Gold Coast in 2018. Tue 06 Dec 2016, 6:55AMBy Tony Webeck, Chief Queensland CorrespondentTurner hoping to follow countrymen's lead Raiders recruit Jordan Turner is aiming to follow in the footsteps of Josh Hodgson and Elliott Whitehead in becoming Canberra's latest English NRL star. Tue 06 Dec 2016, 6:55AMBy Adrian McMurray, NRL.com ProducerStatement regarding club funding discussions Representatives of the clubs and the ARLC met today and agreed to continue discussions to resolve the current impasse. Mon 05 Dec 2016, 8:28PMMedia Release, NRLPonga to develop more at Cowboys: Meninga Kangaroos coach Mal Meninga says Kalyn Ponga will receive the development he needs to cope with the Newcastle spotlight with another year at the Cowboys. Mon 05 Dec 2016, 4:10PMLaine Clark, AAPWhare's long wait almost over Restricted to just a lone NRL appearance in 2016, forgotten Penrith centre Dean Whare isn't far away from returning to full training ahead of a 2017 return. Mon 05 Dec 2016, 2:00PMBy Chris Kennedy, National CorrespondentMore


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APPEAL from the Circuit Court of Cook County; the Hon. WALTER
J. KOWALSKI, Judge, presiding.
United Air Lines, Inc. (plaintiff), brought an action for breach of contract against Conductron Corporation, McDonnell Douglas Electronics Company, a subsidiary of McDonnell Douglas Corporation, and McDonnell Douglas Corporation (defendants). In due course Conductron merged into McDonnell Douglas Electronics Company (later dissolved) and became a division of McDonnell Douglas Corporation. The case involves sale by defendants to plaintiff of an aircraft flight simulator. This machine was destroyed by fire while on plaintiff's property. The trial court entered summary judgment in favor of plaintiff for $1,326,573.20. Defendants appeal.
Defendants contend that the trial court erred in entering summary judgment for plaintiff because the risk of loss of the simulator was upon plaintiff at the time of its destruction. In this regard defendants urge that at the very least there were issues of material fact concerning whether the simulator conformed to the agreement and had been accepted by plaintiff. Defendants contend these factors would shift the risk of loss to plaintiff. Defendants also contend that there was a genuine issue of material fact as to the causation of the fire. Defendants assert that plaintiff's action was barred by a four-year statute of limitations and that the trial court abused its discretion in denying defendants leave to file an amended answer pleading the statute as a bar. Finally, defendants contend that they were not amenable to service of process in Illinois and denial by the trial court of their motion to quash service of process violated due process.
Plaintiff contends that at the time the simulator was destroyed the risk of loss was upon defendants. In this regard, plaintiff urges that defendants defaulted under the terms of the contract by failing to deliver a conforming aircraft flight simulator; this default was never cured; the simulator was never accepted by plaintiff because of its deficiencies and plaintiff at all times retained the right of rejection. Plaintiff further contends that defendants waived the issue regarding the statute of limitations by tardy attempt to raise the point; the trial court acted within its discretion in denying leave to defendants to amend and there was no excuse for the tardiness of defendants. Plaintiff finally contends that defendants have submitted to the jurisdiction of the court of Illinois.
Many of the facts which appear from the pleadings, interrogatories, depositions, and affidavits are undisputed. The purchase agreement between plaintiff and defendants, some 65 pages in length, was executed on December 30, 1966. The agreement contains 19 articles and was supplemented by a number of change orders. It required defendants to deliver a Boeing 727 digital flight simulator to plaintiff on January 13, 1968. A flight simulator is a highly sophisticated electro-mechanical device operated by computers. It is designed to simulate the experiences of a pilot in the cockpit of a jet airplane during flight. As flight simulators are used for training pilots, they must meet the requirements necessary for approval by the Federal Aviation Administration (FAA). The contract so provided. In addition the contract provided that the simulator would conform to plaintiff's specifications.
The original contract provided for inspection and testing of the simulator by plaintiff at defendants' plant prior to its shipment to plaintiff's Flight Training Center in Denver, Colorado. The defendants agreed to correct any deficiency or discrepancy appearing from such inspection. The agreement further provided that when delivery of the simulator was made title would pass to plaintiff but that such delivery would not constitute acceptance of the simulator by plaintiff. Final acceptance by plaintiff was subject to satisfactory completion and also to certification by the FAA.
Defendants failed to complete fabrication of the simulator by the agreed-upon date. This resulted in a request by plaintiff that the simulator be delivered to the plaintiff's training center in Colorado for the testing process which, under the original agreement, could have been completed at defendants' plant. On February 20, 1969, the parties entered into a modification of the contract referred to as Change Order Number 3. This order provided for disassembly of the machine, its delivery to plaintiff by common carrier not later than February 28, 1969, and reassembly by defendants on plaintiff's premises not later than March 15, 1969. From July 1, 1969, to August 1, 1969, the simulator was to be available to plaintiff for demonstration purposes and for correction by defendants of deviations noted by plaintiff in the above-mentioned testing. The document stated that in the event the defendants were unable satisfactorily to correct all deviations prior to November 1, 1969, the plaintiff would have the right to cancel the agreement and receive a refund of all payments made to the defendants as buyer plus liquidated damages. The change order also gave plaintiff the right to use the simulator for personnel training purposes.
While the simulator was still in possession of defendants upon their facilities, plaintiff's personnel noted some 647 deficiencies in its operation. These difficulties were recorded and reported to defendants by means of written reports referred to as "squawk sheets." The simulator was delivered to plaintiff's facility and was reassembled by defendants on March 14, 1969, in accordance with Change Order Number 3. Since the machine had not received FAA approval, it could not be used as an aircraft flight simulator. It was used for training purposes to acquaint and familiarize pilots with instrument location in the cabin of a Boeing 727 aircraft.
On April 18, 1969, the simulator was tested for 10 hours by two of plaintiff's test pilots. About 10 p.m. a fire was discovered in the machine. The simulator was substantially damaged. The origin of the fire is unknown. After the fire, plaintiff requested that defendants dismantle and ship the simulator back to their plant for repairs at plaintiff's expense. On May 16, 1969, plaintiff notified defendants that they considered there was a breach by defendants of the warranties contained in the purchase agreement. On June 4, 1969, the parties amended the agreement by Change Order Number 4. This document provided that the plaintiff would receive $60,000 as liquidated damages for the late delivery of the simulator to be deducted from the remaining payments due defendants. Plaintiff commenced this action on May 11, 1973, seeking rescission of the contract and damages. On January 28, 1977, plaintiff filed count VII as an amendment to the complaint. This amendment alleged that the risk of loss of the simulator was upon defendants at the time it was destroyed.
Subsequently, plaintiff filed a motion for partial summary judgment on this risk of loss count. Plaintiff later amended this motion by adding a claim for prejudgment interest. Summary judgment in favor of plaintiff was entered by the trial court based on the theory that the simulator had never been accepted by plaintiff and, therefore, the risk of loss remained upon defendants. The order allowed plaintiff $1,043,434.33 as a refund of partial payments made, $60,000 as liquidated damages for delay and prejudgment interest of $223,138.78; a total of $1,326,573.20. No issue is raised on computation of these damages.
This opinion will state additional facts as required. Also, facts regarding which the parties are in conflict will be duly noted. All contentions advanced by defendants will be considered although not in the order as summarized above.
After service of process in Illinois, McDonnell Douglas Corporation filed a general appearance. Conductron Corporation and McDonnell Douglas Electronics Company filed special and limited appearances. Both moved to quash service of process. Their motion was supported by affidavits and exhibits. Plaintiff filed a memorandum in opposition to the motions to quash. The trial court denied the motions and these defendants filed general appearances. Defendants raise the issue as to whether their activities constituted transaction of business within Illinois as to subject them to the jurisdiction of the Illinois courts>. Section 17 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 17) provides in relevant part:
"§ 17. Act submitting to jurisdiction Process. (1) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, his personal representative, to the jurisdiction of the courts> of this State as to any cause of action arising from the doing of any such acts:
(a) The transaction of any business within this State."
1, 2 In Braband v. Beech Aircraft Corp. (1978), 72 Ill.2d 548, 382 N.E.2d 252, the supreme court noted that two requisites must be met to enable a state to assert jurisdiction over a foreign corporation. The first requirement is that Federal concepts of due process must be satisfied. "[D]ue process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'" International Shoe Co. v. Washington (1945), 326 U.S. 310, 316, 90 L.Ed. 95, 66 S.Ct. 154, cited in Braband, 72 Ill.2d 548, 553-54.
The second requirement is that the defendant corporation must have had such minimum contacts "with the state of the forum as make it reasonable, in the context of our federal system of government, to require the corporation to defend the particular suit which is brought there." (Shaffer v. Heitner (1977), 433 U.S. 186, 203-04, 53 L.Ed.2d 683, 697, 97 S.Ct. 2569, 2580, quoting from International Shoe, 326 U.S. 310, 317, 90 L.Ed. 95, 102, 66 S.Ct. 154, 158.) It has been stated that the contacts with the state of the forum must be sufficient "to make it reasonable and just according to our traditional concept of fair play and substantial justice * * *" to permit the State to enforce the claim. Gray v. American Radiator & Sanitary Corp. (1961), 22 Ill.2d 432, 438, 176 N.E.2d 761, quoting from International Shoe Co., 326 U.S. 310, 320, 90 L.Ed. 95, 104, 66 S.Ct. 154.
3, 4 The courts> of Illinois have also consistently held that what is fair and reasonable must be determined on a case-by-case basis. (Braband, 72 Ill.2d 548, 556; Gray, 22 Ill.2d 432, 440; Citizens Bank & Trust Co. v. Pittman (1977), 52 Ill. App.3d 137, 367 N.E.2d 265; Wiedemann v. Cunard Line Ltd. (1978), 63 Ill. App.3d 1023, 380 N.E.2d 932.) It has also been held in Illinois that it is not merely contacts which are considered in determining whether it is fair and reasonable that a defendant be amenable to service of process in Illinois but also the nature of the business transaction, the applicability of Illinois law, the contemplation of the parties, and the availability of witnesses. Colony Press, Inc. v. Fleeman (1974), 17 Ill. App.3d 14, 308 N.E.2d 78.
5 It has been otherwise stated that while physical presence in itself is not always necessary, the act or transaction which is viewed as "doing business" must have substantial connection with the State. (Cohan v. Municipal Leasing Systems, Inc. (N.D. Ill. 1974), 379 F. Supp. 1022; Cook Associates, Inc. v. Colonial Broach & Machine Co. (1973), 14 Ill. App.3d 965, 304 N.E.2d 27.) As these holdings look to the quality of the contact between the act and the forum, a single act may well be sufficient to subject a defendant to the jurisdiction of the Illinois courts>. International Merchandising Associates, Inc. v. Lighting Systems, Inc. (1978), 64 Ill. App.3d 346, 380 N.E.2d 1047. In addition it has been held that the enactment of the statute first above cited indicates "a conscious purpose to assert jurisdiction over nonresident defendants to the extent permitted by the due-process clause." Braband, 72 Ill.2d 548, 557, quoting from Nelson v. Miller (1957), 11 Ill.2d 378, 389, 143 N.E.2d 673.
Defendants contend that they did not transact business in Illinois so that the exercise of personal jurisdiction over them violates due process. It is correct that defendants are not registered to do business in Illinois; have no agents or offices here; own no property here and pay no Illinois taxes. The machine here involved was manufactured and partly tested in Missouri, partly tested in Colorado and destroyed there. However, these are all negative facts. The issue is the affirmative or positive contacts between these defendants and the State of Illinois.
The record shows that on December 5 and 6, 1966, Mr. J. Moroney, defendants' assistant manager of contracts, and Mr. W.W. Toole, defendants' program manager, met with plaintiff's representatives at plaintiff's principal offices in Chicago. This meeting occurred approximately one month before the execution of the purchase agreement by the parties. It is conceded that the meeting concerned the aircraft flight simulator and the purchase contract. While there are other contacts between defendants and this State, it is clear that this act alone, most intimately connected with the contract which is the source of this controversy, is sufficient to require defendants to defend this suit in Illinois.
Plaintiff urges additional contacts between defendants and Illinois. The record shows that defendants engaged in employment and hiring activities in Illinois from 1968 through 1969. This activity consisted of campus interviews with students and payment of an employment agency in Chicago for recruiting employees. The record indicates that defendants did business with Illinois suppliers of various products. They conducted a goodly amount of advertising in Illinois for sale of their products including the aircraft flight simulator. However, in addition to these various contacts above described, the meeting in Chicago between representatives of defendants and plaintiff is, in our opinion, the strongest reflection of the contacts between defendants and the State of Illinois.
Precontract negotiations have been held by Federal courts> to constitute transaction of business in Illinois. In Scovill Manufacturing Co. v. Dateline Electric Co. (7th Cir. 1972), 461 F.2d 897, representatives of Scovill, a Connecticut corporation, and defendant Dateline, an English corporation, met in Chicago at the 1968 Housewares Show. Subsequent negotiations in Chicago and other cities resulted in a sales contract between the parties. In holding that Dateline, through its meetings with Scovill in Chicago, had transacted business in Illinois within the meaning of the long-arm statute, the court stated (Scovill, 461 F.2d 897, 900):
"A defendant who sends an agent into Illinois to solicit or to negotiate a contract is transacting business within the statutory definition."
To the same effect is Consolidated Laboratories, Inc. v. Shandon Scientific Co. (7th Cir. 1967), 384 F.2d 797. In the facts before this court, as in Scovill, meetings occurred between representatives of both parties which eventuated in the execution of the purchase agreement.
Other authorities support the conclusion concerning the sufficiency of the single contact between defendants and Illinois. Morton v. Environmental Land Systems, Ltd. (1977), 55 Ill. App.3d 369, 370 N.E.2d 1106, also involved a single meeting for transaction of business. This court held "that a single transaction of business rather than a prolonged series of transactions can be sufficient" as a basis for jurisdiction in connection with litigation which arises as a result of the single meeting between the parties. Morton, 55 Ill. App.3d 369, 372-73.
Similarly, in Kropp Forge Co. v. Jawitz (1962), 37 Ill. App.2d 475, 186 N.E.2d 76, a nonresident defendant from New York was held amenable to process in Illinois as a result of correspondence between the parties and one visit by defendant to plaintiff's factory in Illinois for inspection of the factory and various conversations with plaintiff's employees. This court pointed out, "that the ultimate test is the substance of the act rather than the quantity." (Kropp Forge, 37 Ill. App.2d 475, 481.) The court accordingly concluded that the single act of negotiations between the parties which took place in Illinois constituted sufficient contact with this State to vest jurisdiction in our courts>.
We can find no element of unfair treatment in the requirement that defendants proceed with this litigation in Illinois. Defendants do not urge any handicap of a practical nature which could possibly result from their defense of this action in Illinois rather than in any other forum.
Defendants rely heavily upon First National Bank v. Screen Gems, Inc. (1976), 40 Ill. App.3d 427, 352 N.E.2d 285. The plaintiff there was attempting to assert jurisdiction over a necessary and indispensable party. Plaintiff alleged in the complaint that jurisdiction existed as a result of various meetings and conferences conducted in Illinois. No allegation was made as to whether plaintiff or other persons attended the meetings, or what was discussed. This court held that the allegations of fact contained in the complaint were "too sketchy" to allow the exercise of jurisdiction over the defendant. A proposed second amended complaint, with its exhibits, indicated that the defendant was present in Chicago during one of the meetings in question. However, this second amended complaint was tendered to the court but was never filed. The case was decided on the prior pleadings. In our opinion, the situation there is not comparable to the factual elements which exist in the case before us.
6 We conclude that the single meeting of December 5 and 6 in Chicago constituted sufficient contact with Illinois to provide a proper basis for requiring defense of this suit in Illinois.
The next issue involves an amendment to plaintiff's complaint by adding count VII and a subsequent attempt by defendants to amend by adding an additional defense of statute of limitations. This action was commenced by plaintiff on May 11, 1973. The basic theories expressed in the various counts of the plaintiff's original complaint are:
Count I. Breach of the contract by defendants' failure to supply the simulator.
Count II. Breach of express contract warranties by defendants.
Count III. Breach of contract by defendants' failure to correct defects in the simulator noted in writing by plaintiff.
Count IV. Res ipsa loquitur theory of negligence by defendants in connection with the fire loss.
Count V. Negligence by defendants in connection with the fire loss.
Count VI. Strict tort liability against defendants.
On June 4, 1974, defendants Conductron and McDonnell Electronics filed their answer to the complaint. On January 6, 1975, McDonnell Douglas Corporation filed its answer to the complaint. No affirmative matter was pleaded in these answers.
On January 28, 1977, with leave of court, plaintiff amended its complaint by adding count VII. This count alleged that there was neither performance of the contract by defendants nor acceptance of the simulator by plaintiff so that the risk of loss of the simulator was upon defendants at the time of the fire. On February 18, 1977, the defendants all joined in an answer to the complaint as thus amended. This answer made no reference to the statute of limitations.
On March 29, 1977, plaintiff filed its motion for partial summary judgment on count VII together with a brief, affidavits and exhibits. By agreement of the parties, various depositions were filed on April 19, 1977. On May 4, 1977, defendants filed a response to plaintiff's motion for summary judgment together with affidavits and exhibits. Plaintiff asserts in its brief in this court that on May 10, 1977, the trial court announced its decision that summary judgment would be entered for plaintiff. Defendants do not challenge this assertion. It appears from recitals contained in an order entered by the trial court on June 2, 1977, that at the time of this oral ruling on May 10 the court set the matter for further hearing on May 23, 1977, for consideration of the form of the final order.
It also appears from this source that on May 23, 1977, the trial court announced that it would grant plaintiff's motion for summary judgment not only as to liability but also as to damages and directed plaintiff to prepare and present a proper order to that effect. It also appears that at this hearing defendants requested the order not be entered until May 27 because defendants wished an opportunity to file the lengthy specifications of the simulator as stated in the contract. The order recited that on May 27, 1977, the defendants "dropped off at the Court's chambers a proposed amended answer and counterclaim and an order which would allow defendants to file same." The order also recited that the documents in question were "spurious and belated attempts to circumvent this court's ruling of May 23, 1977." The order further recited that the court had already entered the order for summary judgment and that defendants' motion for leave to amend the answer and counterclaim was denied. The final order for summary judgment, also entered June 2, 1977, contains lengthy findings of fact and of law and provides for the entry of judgment in favor of plaintiff and against defendants as above set forth.
In the proposed amended answer, defendants allege that the claim for relief is barred because not timely asserted within four years. (Ill. Rev. Stat. 1977, ch. 26, par. 2-725.) The proposed amended counterclaim sought recovery on the theory that after the fire plaintiff authorized defendants to move the simulator to Missouri. The counterclaim sought damages against plaintiff for $153,112 as the cost of dismantling and checking the machine; storage and insurance costs in the amount of $38,088 and final payment on the purchase order in the amount of $47,105; a total of $238,305.
On June 30, 1977, defendants filed a motion for reconsideration of the summary judgment order or alternatively for reduction of the damages. The motion was supported by an affidavit, lengthy exhibits and a brief. On August 11, 1977, plaintiff filed a response. On that same day, the trial court denied the motion to reconsider and the appeal proceeded. The brief for defendants in this court contains no argument regarding the counterclaim or the amendment thereto or the amount of damages allowed plaintiff. Defendants pray dismissal of count VII of the amended complaint or alternatively submission to a jury of the issues thereby raised; leave to amend their answer to plead the statute of limitations and dismissal of the complaint as to defendants Conductron and McDonnell Douglas Electronics Company for lack of personal jurisdiction.
The Civil Practice Act of Illinois provides (Ill. Rev. Stat. 1977, ch. 110, par. 46):
"At any time before final judgment amendments may be allowed on just and reasonable terms."
7 In discussing this section of the statute, this court stated in Hastings v. Abernathy Taxi Association Inc. (1973), 16 Ill. App.3d 671, 674, 306 N.E.2d 498 as follows:
"Under the provision of the Civil Practice Act (Ill. Rev. Stat. 1969, ch. 110, par. 46(1)), amendments may be allowed enabling the defendant to change his defense or to add a new defense at any time before final judgment. Although the policy of the Illinois courts> is one of liberality in the amendment of pleadings (In re Estate of Gingolph (1969), 114 Ill. App.2d 363, 252 N.E.2d 726), parties do not have an absolute and unlimited right to amend. (O'Neill v. Chicago Transit Authority (1972), 5 Ill. App.3d 69, 283 N.E.2d 99; Ennis v. Illinois State Bank of Quincy (1969), 111 Ill. App.2d 71, 248 N.E.2d 534.) Permission to file an amendment rests within the discretion of the trial court and its rulings will not be disturbed on review unless its discretion has been manifestly abused. (Austin Liquor Mart, Inc. v. Department of Revenue (1972), 51 Ill.2d 1, 280 N.E.2d 437; Furla Studios, Inc. v. Gillen (1971), 133 Ill. App.2d 620, 273 N.E.2d 220; Davidson v. Olivia (1958), 18 Ill. App.2d 149, 151 N.E.2d 345.) The test to be applied in determining whether discretion was properly exercised is whether it furthers the ends of justice. Bowman v. County of Lake (1963), 29 Ill.2d 268, 193 N.E.2d 833; Lahman v. Gould (1967), 82 Ill. App.2d 220, 226 N.E.2d 443."
Other authorities illustrative of these same principles are Erzrumly v. Dominick's Finer Foods, Inc. (1977), 50 Ill. App.3d 359, 365 N.E.2d 684; O'Neill v. Chicago Transit Authority (1972), 5 Ill. App.3d 69, 283 N.E.2d 99.
8 The decision to allow plaintiff to amend its complaint was within the sound discretion of the trial court. This court cannot say that the trial court abused its discretion in allowing plaintiff to do so. The counts of plaintiff's complaint, including count VII, expressed various legal theories upon which plaintiff claimed relief. The factual basis of all of these different theories is virtually identical. Consequently, no unfair advantage was taken of defendants and their defense was not hampered in any manner by the trial court order granting leave to amend by adding count VII. Accordingly, we conclude that the decision of the trial court should not be disturbed on review.
We will next consider whether the trial court properly denied defendants the right to amend their answer to plead the statute of limitations. Defendants urge this court to consider Uscian v. Blacconeri (1975), 35 Ill. App.3d 80, 84, 340 N.E.2d 618, in which this court stated:
"Failure to plead an affirmative defense does not constitute waiver, and prior to entry of final judgment, the trial court, in its sound discretion, may permit a party to file an amended answer raising the affirmative matter."
It is correct that the trial court has discretion, as with other amendments, to allow a party to plead an affirmative defense any time prior to final judgment. However, there is no absolute right to amend pleadings and the determination of the timeliness of a request to amend is within the purview of the sound discretion of the trial court. (Gustafson v. Calumet City (1968), 101 Ill. App.2d 8, 241 N.E.2d 512.) But many factors may mitigate against an exercise of that discretionary power.
Defendants' motion to amend their answer so as to plead the four-year statute of limitations for breach of contract contained in the Uniform Commercial Code (Ill. Rev. Stat. 1977, ch. 26, par. 2-725), was made after plaintiff's motion for summary judgment was presented in April of 1977, after the final hearing on that issue on May 23, 1977, and after the trial court had stated that summary judgment would be entered for plaintiff. The timeliness of defendants' May 27, 1977, request for leave to amend must be viewed both in terms of the four-year period which had expired since the suit had begun and the actual decision by the trial court of the motion for summary judgment on its merits. No reason is given for the failure of defendants to plead the affirmative defense at an earlier time.
9 Also this court is not persuaded that the action is, indeed, barred by the statute of limitations. While it is true that the simulator was destroyed by fire on April 18, 1969, and that this suit was filed on May 11, 1973, the limitation period for breach of contract may not have commenced until November 1969 when the contract as amended was to be fully performed in accordance with Change Order Number 3. We need not, however, decide that issue. It is sufficient for this court to conclude that the refusal to allow defendants to amend their answer was within the sound discretion of the trial court and was consistent with the ends of justice.
We turn next to the merits of summary judgment in favor of plaintiff based on the theory that defendants should bear the risk of loss for the destruction of the simulator. Summary judgment should be entered "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Ill. Rev. Stat. 1977, ch. 110, par. 57(3). See Century Display Manufacturing Co. v. D.R. Wager Construction Co. (1978), 71 Ill.2d 428, 434-35, 376 N.E.2d 993.) In addition it has been held that "the right to summary judgment must be clear beyond question" (Wright v. Adonis Compania Naviera, S.A. (1978), 59 Ill. App.3d 108, 110-11, 376 N.E.2d 4), and that "`[a] reviewing court must reverse an order granting summary judgment if it is determined that a material question of fact does exist.'" Econo Lease, Inc. v. Noffsinger (1976), 63 Ill.2d 390, 393, 349 N.E.2d 1.
To evaluate the risk of loss issue, attention must be given to the impact of both the Uniform Commercial Code and the contract terms. Section 2-510 of the Code (Ill. Rev. Stat. 1977, ch. 26, par. 2-510(1)), provides:
"(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance."
Few cases involve this section of the Code and those that do merely cite the Code with little explanation. (See McKnight v. Bellamy (1970), 248 Ark. 27, 449 S.W.2d 706; Baumgold Bros., Inc. v. Allan M. Fox Co., East (D.C. Ohio 1973), 375 F. Supp. 807; Graybar Electric Co. v. Shook (1973), 283 N.C. 213, 195 S.E.2d 514; William F. Wilke, Inc. v. Cummins Diesel Engines, Inc. (1969), 252 Md. 611, 250 A.2d 886.) The official Uniform Commercial Code Comment provides some guidance by stating that the purpose of this section is to make clear that "the seller by his individual action cannot shift the risk of loss to the buyer unless his action conforms with all the conditions resting on him under the contract." (Ill. Ann. Stat., ch. 26, par. 2-510(1), at 398 (Smith-Hurd 1963).) Of primary importance, then, is the determination of whether or not the simulator so failed to conform to the contract provisions as to vest the right of rejection in plaintiff and whether or not there was acceptance of the simulator by plaintiff.
10 The purchase agreement provided in part that the simulator would "accurately and faithfully simulate the configuration and performance of * * *" a certain specified Boeing aircraft and that final acceptance of the simulator would be "subject to satisfactory completion of the reliability demonstration requirements * * *" and to Federal Aviation Administration certification. The affidavit of John Darley, an employee of plaintiff who tests and evaluates flight simulators to determine whether they meet plaintiff's and the FAA specifications, states that the simulator at no time met those requirements and that plaintiff was never able to begin acceptance testing. His affidavit states clearly that the machine was destroyed by fire "before that time when United [plaintiff] was to begin acceptance testing * * *." The affidavit of Phil C. Christy, employed by plaintiff as a technical assistant regarding simulators, reaffirms that as late as February 1969 there were "numerous discrepancies" in the operation of the simulator. These affidavits stand uncontradicted by counteraffidavit. Therefore they "are admitted and must be taken as true." (Heidelberger v. Jewel Companies, Inc. (1974), 57 Ill.2d 87, 92-93, 312 N.E.2d 601.) On February 23, 1977, J.M. Gardner, director of contracts and pricing for defendant McDonnell Douglas Electronics Company wrote a letter to plaintiff's attorney in which he stated that the simulator was "destroyed prior to final acceptance."
Defendants contend that Change Order Number 3, which provided for delivery of the simulator at plaintiff's training center in Denver, resulted in waiver of plaintiff's right to object to predelivery non-conformities. We reject this contention. The change order simply provides that the testing and inspection, which under the original agreement would have occurred at defendants' plant, would take place in Denver. Sections of the original agreement which provide that delivery does not constitute acceptance remain unchanged by this change order Number 3. Also, the language of the change order that testing and inspection would be completed in Denver and that the seller would have access to the simulator to demonstrate compliance are inconsistent with the idea that plaintiff had waived the right to object to nonconformity of the simulator.
Defendants do not contest the fact that there were technical difficulties with the simulator, as evidenced by the hundreds of discrepancy reports, actually 645, prepared by plaintiff's employees during the testing period. Instead, defendants stress the complex nature of the device and urge that plaintiff accepted the simulator despite its manifest deficiencies. In support of this contention defendants look to the six-week period of inspection of the simulator in Denver and cite Uniform Commercial Code section 2-606 (Ill. Rev. Stat. 1977, ch. 26, par. 2-606), which provides:
"(1) Acceptance of goods occurs when the buyer
(a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their non-conformity; or
(b) fails to make an effective rejection (subsection (1) of Section 2-602), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or
(c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him."
Defendants thus wish this court to hold that plaintiff had a reasonable opportunity to inspect the simulator and to reject it prior to its destruction. This approach completely ignores the terms of the contract. The purpose of the Uniform Commercial Code is set forth in section 1-102 (Ill. Rev. Stat. 1977, ch. 26, par. 1-102), which states that the provisions of the act may be varied by agreement. This court expressed the same principle in First Bank & Trust Co. v. Post (1973), 10 Ill. App.3d 127, 131, 293 N.E.2d 907, where we stated:
"The Uniform Commercial Code was enacted to provide a general uniformity in commercial transactions conducted in this state and was never intended to be used by courts> to create a result that is contrary to the clearly understood intentions of the original parties."
The clear intent of the parties before this court, as stated in the purchase agreement, was that physical delivery of the simulator and payments received by the defendants were not to constitute acceptance of the simulator. Acceptance was to be predicated on successful completion of acceptance testing and also upon receipt of FAA certification. The contract terms definitely anticipated and sanctioned use of the simulator by plaintiff to enable it to determine whether this complex and expensive device met the contract specifications. If use of goods is necessary to allow proper evaluation of them, such use does not constitute acceptance. See Connor v. Borland-Grannis Co. (1920), 294 Ill. 58, 128 N.E. 317.
11, 12 This record shows that the simulator at no time conformed to the specifications agreed to in the purchase agreement and it remained nonconforming until its destruction. Although plaintiff had use and possession of the simulator for six weeks that arrangement was expressly sanctioned by the contract to allow testing. Retention of the simulator for testing purposes did not constitute acceptance so as to shift the risk of loss to the plaintiff. The simulator was destroyed before completion of acceptance testing and before receipt of FAA certification. Both were conditions precedent to acceptance of the simulator. In this situation the risk of loss remained on the defendants as seller. On the issue of risk of loss, there is no genuine issue regarding any material fact. On the contrary, in our opinion, plaintiff's right to summary judgment in this regard is clear beyond question. We conclude that the plaintiff is entitled to summary judgment as a matter of law.
Defendants urge that the trial court erred in entering summary judgment for plaintiff because a genuine issue of material fact existed as to the "causation of the fire" that destroyed the simulator. Defendants contend that plaintiff may avoid the contract and recover payments made only if plaintiff can establish that the simulator was destroyed without its fault. By these contentions, defendants appear to take the position that the burden rested upon plaintiff of affirmatively proving absence of its own negligence as a prerequisite to recovery. We cannot agree. It is true that the simulator was physically located on plaintiff's premises. However, not only was this complicated device initially constructed by defendants but also it was disassembled by defendants' personnel upon their premises, shipped to Colorado and and there reassembled by defendants' employees. Defendants' employees were actually working on the machine prior to and on the very day of the fire. In fact, the record shows that defendants' personnel left plaintiff's premises during late afternoon on that day. In addition, in view of the fact that risk of loss rested squarely upon defendants, as above demonstrated, it would seem to follow logically that if negligence of plaintiff was the proximate cause of the fire that point constituted a matter of affirmative defense to be asserted and proved by defendants.
Defendants cite no authority for the statement in their brief in this court that plaintiff could not recover unless it proved that the simulator was destroyed without its fault. Also defendants' brief recedes somewhat from this theory by making the statement that plaintiff as buyer should not be permitted to destroy the goods and still recover the purchase price. That statement is far different from the issue raised by defendants to the effect that there was negligence by plaintiff with reference to the origin of the fire. Furthermore, the authorities cited in this regard by defendants advance no such theory concerning proximate cause of the fire and do not support defendants' contentions. Ozite Corp. v. F.C. Clothier & Sons Corp. (1970), 130 Ill. App.2d 716, 264 N.E.2d 833; McKnight v. Bellamy (1970), 248 Ark. 27, 449 S.W.2d 706, and William F. Wilke, Inc. v. Cummins Diesel Engines, Inc. (1969), 252 Md. 611, 250 A.2d 886.
Although one of the headings in defendants' brief refers to the cause or origin of the fire, defendants concede that there is no proof of proximate connection between the fire loss and any act or omission by plaintiff. Defendants state that "loss of the simulator may well have been proximately caused by United's [plaintiff's] negligence." However, the discussion immediately following this statement has no relation whatsoever to the proximate cause of the fire. Rather, defendants cite in this regard only matters gleaned from the depositions of plaintiff's employees. Defendants urge that the simulator was left unattended with the power on after a malfunction of the voltmeter was discovered; plaintiff's personnel were negligent in permitting continued operation of an air blower after start of the fire; and many of plaintiff's fire extinguishers were inoperable. Careful examination of these depositions impels us to disagree with these statements. Plaintiff's show that regardless of any defect in the voltmeter, this instrument had no connection whatsoever with the causation of the fire; only one of the fire extinguishers did not operate properly; and the exhaust system was shut down by an employee of plaintiff as soon as he became aware of the problem.
Basically, however, each and all of these contentions of defendants must be rejected for the reason that no one of them singly nor all of them together have any conceivable relation to the proximate cause or origin of the fire. Defendants concede in their brief that "despite an extensive investigation, the cause of the fire has never been satisfactorily determined." This same position was taken by defendants in response to an interrogatory served by plaintiff. Defendants responded negatively to the question as to whether they had reached any conclusion as to the cause of the fire. They also stated that they had employed no expert to ascertain the cause. As the record shows, the machine was returned to defendants' premises after the fire. Therefore, defendants had the ability to investigate the origin of the blaze. Defendants would appear to be more skilled than any other agency in examining the machine and ascertaining the origin of the blaze.
Plaintiff also urges the failure of defendants to allege in their counterclaim that the fire loss was proximately caused by plaintiff's negligence. Defendants' counterclaim and amended counterclaim alleged simply that plaintiff had "sole and exclusive control" of the facility and that plaintiff's employees "controlled and were present at the facility at the time of the fire * * *." However, these pleadings prayed only for a recovery of damages by defendants with reference to moneys expended in return of the machine to the possession of defendants and insurance, shipping and other costs in connection therewith. These allegations are not strong or even complete allegations of negligence. There is no allegation in these pleadings regarding the proximate cause or reason for the fire. Also, the issue of proximate cause of the fire was never raised by defendants in response to plaintiff's motion for summary judgment. See Carruthers v. B.C. Christopher & Co. (1974), 57 Ill.2d 376, 380-81, 313 N.E.2d 457.
Upon examination of the entire record and all contentions of the parties, we conclude that the summary judgment proceeding raised no genuine issues as to any material fact surrounding the loss of the machine which should properly have been the subject of a trial. We further conclude that the entry of summary judgment was proper in all respects.
For these reasons the judgment order appealed from is affirmed.
Judgment affirmed.
O'CONNOR and CAMPBELL, JJ., concur.
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Sci fi/Fantasy image byJon Mussell
Ahhhh finally, i can unleash him unto you poor unsuspecting people. Muah-ha-ha-ha! Yeah drew it loong time ago, started digitizing it almost just as long ago, finally finished!!!!!!!! (2 years!?!)
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text: Shouts out to the peepz on this forum. Community is everything on the net these days and it seems yall have a pretty darn nice and big one here. I own a 8G iPod Touch (iTouch) and its jailbroken in 1.1.2, I also have the NES pack with about 60 games (and it all came in one install Please Register or Log in to view images). I just got the thing 3 days ago so I don't have much else on it now but I'm pretty excited about putting mail and maps on it. Anywho, glad I found yall and I look forward to spending some of my spare time here reading and posting. Cheers, J~


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Ambition, scruples ensnare the 'Filthy Rich'
With its second-person point of view and its nearly cradle-to-grave arc, reading Mohsin Hamid's "How to Get Filthy Rich in Rising Asia" is like being deeply immersed in a text-based role-playing game - only it's the kind of game Leo Tolstoy might have written, clear-eyed in its dissection of human folly, ambition and love.
Hamid, also the author of "The Reluctant Fundamentalist," casts this novel as a self-help book, speaking directly to an unnamed boy, then man, who wants to get rich in an unnamed country, presumably Hamid's native Pakistan. In doing so he satirizes both the self-help genre and the rags-to-riches tales coming out of contemporary Asia, suggesting that such fortunes, like those of many of America's great robber barons, were built on crimes, opportunism and the occasional well-placed bribe: »Read Full Article
Milwaukee Public Museum gets 'The Scoop on Poop'
Perhaps the Milwaukee Public Museum's own slogan for its new exhibit says it best:
"It's the number 1 exhibit about number 2." »Read Full Article(2)
'One Night with Janis Joplin' a Powerhouse success
Asked just weeks before her death what young people were looking for, 27-year-old Janis Joplin was quick to answer: "Sincerity and a good time."
It's an apt description of what Joplin repeatedly delivered from stage, and it also neatly sums up "One Night With Janis Joplin," the amazing show - created, written and directed by Randy Johnson - now in town as a special Milwaukee Repertory Theater production. »Read Full Article(3)
Shank Hall announces six new shows; David Knopfler performance canceled
Dire Straits co-founder David Knopfler has canceled his May 8 show at Shank Hall, the venue has announced. Refunds will be provided at the point of purchase.
'Hating Breitbart' director to debate ACORN founder
Milwaukee native Andrew Marcus, whose documentary "Hating Breitbart" played in theaters last year, will debate the founding organizer of ACORN, the group Andrew Breitbart famously took on.
The debate with Wade Rathke - scheduled to air and stream online on Rathke's radio show on KABF-FM in Little Rock, Ark., where ACORN was founded - is scheduled for 10 a.m. May 17, according to a release from the movie's publicist. That same day, "Hating Breitbart" is scheduled to get a return trip to theaters (although as of Tuesday, none of those theaters is in Wisconsin) before coming out on DVD May 21. »Read Full Article
Milwaukee geocaching treasure hunt offers prizes
VISIT Milwaukee today launched a high-tech treasure hunt offering prizes and highlighting Milwaukee's neighborhoods through a new geocaching GeoTour called "Discover Milwaukee's Neighborhoods."
The "Discover Milwaukee's Neighborhoods" GeoTour takes entrants to 15 of Milwaukee's neighborhoods including the Lakefront, Westown, Clarke Square and Marquette University. »Read Full Article
Milwaukee Film announces 2013 Collaborative Cinema project
A University of Wisconsin-Milwaukee senior and a Franklin High School junior will direct and write this year's Collaborative Cinema production for the Milwaukee Film Festival.
Milwaukee Film announced Tuesday that the project, "Love You Still," was written by Franklin High School junior Katie Theel. Michael Viers, who's graduating from UWM's Department of Film, Video, Animation and New Genres, will direct. The movie will be filmed in late June with a full-scale professional crew, and will have its premiere at the 2013 festival. »Read Full Article
South Shore Frolic to bring parade back
The South Shore Frolic Parade will return in 2013, South Shore Frolic organizers announced in a statement released Tuesday.
The two-mile parade, traditionally a highlight of the Bay View festival, did not take place in 2012 for financial reasons. But this year, thanks in part to a leadership gift from We Energies, organizers raised the more than $25,000 necessary to secure permits, pay city fees and stage the parade, according to the statement. »Read Full Article(6)
Wisconsin Humane Society stages first 'Tails on the Trail' dog fest
The Wisconsin Humane Society will play host to hundreds of dogs at the first "Tails on the Trail" dog walk followed by the free Bark Bash on May 11 from 10 a.m. to 2:p.m. at Greenfield Park in West Allis.
There are already 550 people pre-registered to walk with their dogs. »Read Full Article
Film about Saul Leiter to screen Thursday
Here is what I had to say about Saul Leiter and his New York in 2006 on the occasion of the first major museum exhibit dedicated to his color street photography:
Whether waiting for a bus, buying a newspaper on the street, watching over a storefront or just walking, the New Yorkers in Saul Leiter's photographs possess a classic New York trait: They are alone in one of the most populous cities on earth. »Read Full Blog Post
David Sedaris to appear at Riverside Theater Nov. 1
Humorist and author David Sedaris will share his stories and wit in an appearance at 8 p.m. Nov. 1 at the Riverside Theater, the venue announced Tuesday.
Sedaris' most recent collection of essays, "Let's Explore Diabetes With Owls," came out last month. The frequent "This American Life" storyteller's previous bestsellers include "Naked," "Barrel Fever," "Me Talk Pretty One Day" and "Holidays on Ice." »Read Full Article
On Tap Today: An unsung director gets his due
Have you ever heard of Rouben Mamoulian? I thought I had a pretty thorough database of important directors stored up in my brain, but this name eluded me until today.
But reading just a bit about his life and career accomplishments, it's clear that he deserves his due. One of his first claims to fame was directing a theatrical production of "Porgy" featuring an African-American cast -- in 1926. He was also the director that brought "Oklahoma!" to Broadway -- leading to a career in cinema that included directing Hollywood's first Technicolor feature, "Becky Sharp," in 1935, and ahead-of-their time techniques including overlapping dialogue. A native of what was Russian-ruled Georgia, Mamoulian also witnessed the Bolshevik Revolution -- and he was targeted during the Hollywood blacklist era in the '50s. »Read Full Blog Post


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Multi Housing News readers vote for Silicon Valley company in record numbers
Campbell, Calif. – The people have spoken. Today, top online leasing software provider On-Site.com announced that the company received four Multi Housing News Tech Choice Awards in the 9th annual reader vote. On-Site won the top honors for Marketing Portals/Websites, Lead Management, Resident Screening and Mobile App.
"This is a huge win for On-Site and I want to thank our users for this rousing endorsement of our product suite," said On-Site CEO Jake Harrington.
MHN asked readers to vote for companies and products that offer "flexible customization, competitive pricing, and the most innovative solutions, all backed by superior customer support."
On-Site was nominated in four categories and won them all.
On-Site's marketing websites allow users to create an attractive online presence for their communities using a variety of customization options, including professionally styled layouts, color schemes and lifestyle photos.
Because On-Site builds its websites, online applications, e-signatures and resident portals using responsive design, the company's users and their renters enjoy consistent branding and enhanced usability across all devices and screen sizes without needing to use distinct sites or apps.
In fact, this alternative approach to designing for mobile devices, which On-Site refers to as the "anti-app," earned the top prize in the Mobile App category.
Regarding On-Site's win in the Lead Management category, the company's lead manager allows users to capitalize on every incoming call, email, website contact and walk-in visit with innovative CRM tools. Renters can complete a guest card from any device and when the time comes, the renter's information syncs with the online application, payment, pre-qualification and lease forms.
This year's win for Resident Screening marks On-Site's fourth overall win in the category, having won the award in prior years.
The screening platform helps users make informed leasing decisions using quick, easy to understand technology. In addition, On-Site's online pre-qualification technology lets renters apply and reserve an apartment on their own time, day or night.
The full results of this years's MHN Tech Choice Awards voting, including more information on On-Site's wins can be found in the September 2013 issue of Multi Housing News, available now.
About On-Site
Founded in 1999 with technology and service 100% based in the U.S., On-Site is bringing the apartment industry up-to-speed with what today's consumer expects from the renting experience: modern technology and a focus on usability. On-Site's online listing-to-lease platform covers everything from marketing your communities and qualifying renters to generating and e-signing lease contracts with online document storage. The result is a simplified leasing process that leads to greater customer satisfaction and translates directly to the positive side of the balance sheet. For more information about On‑Site's leasing solutions, visit www.on-site.com or contact one of On-Site's online leasing experts at (855) 667-6500.


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- Product Description
British Nutritions Micronized Glutamine is specially designed to meet the post exercise demands of your muscles.
It provides faster recovery and reduced muscle damage.
Glutamine is micronized to increase surface area, so that your body can absorb it at a faster and more efficient rate.
Micronized Glutamine helps to reduce muscle soreness, speeds up recovery process and prevents muscle tissue catabolism.
Key Features:
Brand: British Nutritions
Quantity: 300 g
Serving size: 1 scoop/5 g
No. of servings: 60 Specially developed for athletes, body builders and fitness enthusiasts Results in faster recovery and reduced muscle damage
Dosage: Mix 1 scoop in 240 ml cold water/juice and consume immediately after your workout
For use as a dietary supplement only. Do not use for weight reduction
|Country of Manufacture
|Product Brand
|British Nutritions
|In The Box
|1 Piece
|Product First Available On ClickOnCare.com
|2014-03-18 00:00:00


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The real reasons for the sack of Abia state governnor, Dr Okezie Ikpeazu, ordered by Justice Okon Abang, has been revealed by the Federal High Court, on Friday.
It was revealed that Ikpeazu, submitted false tax information to the Independent National Electoral Commission (INEC).
Via a statement, Emmanuel Gakko, the Chief Registrar, however made it known that the judgement was not based on the forged tax documents, and that there were two different cases against Ikpeazu.
ALSO READ: Sen. Omisore In Deeper Trouble As Court Denies Bail
One of the cases according to the statement were filed by Sir Friday Nwosu with Dr. Ikpeazu and Dr. Sampson Uche Ogah as defendants. The case was before Justice Ambrose Allagoa.
The second suit before Justice Abang, had Dr. Ogah as the plaintiff, while Dr. Ikpeazu and Sir Nwosu were the defendants.
The case before Justice Allagoa, acvcording to the court, was based on alleged forgery or falsification of tax certificate and receipts by Dr. Ikpeazu, for the years 2011, 2012, 2013 and 2014 by Dr. Ikpeazu.
The statement read thus:
The court further held that by the affidavit of the Abia State Director of Taxes testifying that the documents are genuine, the court held that there was presumption of genuineness of the assessment and the certificate and/or receipts issued to Dr. Ikpeazu.
The court further held that the consequential reliefs have become unnecessary for the court's consideration.
ALSO READ: BREAKING: Federal High Court Upholds Ikpeazu's Election
It should be noted that the court did not make any consequential orders with regard to the position of the governor other than the allegation of forgery.
The Chief Registrar said the case before Justice Abang had a different subject-matter, that Dr. Ikpeazu submitted form CF001 to INEC which were alleged to contain false information.
The court held that the information in Form CF001 as shown by him (Ikpeazu) in the affidavit accompanied with other documents to INEC are false and has nothing to do with forgery.
The, court, therefore made consequential orders under the doctrine of 'lis pendens,' which disallows any transfer of rights or interest in any subject matter that is being litigated upon during the pendency of litigation in respect of the said subject-matter.
The court, accordingly, declared Dr. Ogah as the winner of the Peoples Democratic Party (PDP) primaries and should be issued with Certificate of Return accordingly.
The Chief Registrar said the clarification became necessary in view of "misrepresentation of facts as published in some electronic and print media and comments by both legal practitioners and laymen on the correct facts of the cases involving the Abia State Governor and the Judgment of Hon. justice O. E. Abang and Hon. Justice A. L. Allagoa.


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A performance review serves many purposes. For some people, it is a time when salary increases are determined. For others, it is an opportunity to discuss past performances, as well as a chance to set new goals. Whether a performance review is a formal occasion with a written form, or if it is a casual conversation, here are a few pointers to follow to get the most out of your next performance review.Addressing Shortcomings
An ideal performance review is an honest discussion of both positives and negatives: areas of demonstrated strength and weakness. This discussion should not come as a total surprise to you, as you should be routinely soliciting feedback from your employer as to how well you are performing. However, if you receive a write-up emphasizing your weaknesses, and you plan on staying with the company, you should take this performance review very seriously. Realistically, this write-up is a formal warning, a step in a procedure that could lead to your termination.
During your performance review, make sure you receive specific examples from your employer that address your shortcomings, and establish a "road map" of how you can improve your performance. Don't be afraid to take notes during this meeting to make sure you capture your employer's examples and suggestions for improvement.
If you feel that your employer is not correct is his or her assertions, provide your own explanations, or schedule a follow-up meeting if you cannot organize your thoughts on the spot. Ultimately, you can turn this situation around in your favor by establishing a plan for what you need to improve, how you will reach your goals, and a realistic timeframe for when you will achieve your improvements.
Vague Feedback
If your performance review does not include specific mention of your past achievements, don't be modest in providing your employer with specifics.
It is a good exercise to keep track of your completed projects, successes, and other achievements throughout the year; by the time of your performance review, you will have a comprehensive record of what you've accomplished since your last review. Be sure your employer has a copy of your list of accomplishments before your review so that he or she can give you specific feedback on how you've achieved your goals, and what areas you should focus on improving.
Also, by providing your employer with an itemized outline of your completed projects and successes, you can avoid having a vague performance review, and this will improve your chances for a significant salary increase.
Minimal Salary Increase
If you receive a minimal salary increase that is below your expectations, find a way to address your dissatisfaction with your supervisor. As mentioned above, be sure to have concrete evidence (such as a list of your accomplishments throughout the year) to support your claim that you deserve a higher salary increase. Provide your supervisor with examples of how you have directly made contributions, such as an increase in revenue, productivity, morale, or efficiency.
In conclusion, the more ways you can show your supervisor how you've made a positive impact at the company, the better your chances are of getting what you want from a performance review.


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Today, I had a strong feeling that someone was watching me as I was undressing to get ready for bed. I conspicuously moved to the door and threw it open to find my step-brother clearly spying on me. We are the same age, live in the same house three weeks a month and in the same English class. FML
by meowtickmeow / 03/11/2010 at 8:18pm / United States (Ohio) / Miscellaneous
Today, I was upset after my boyfriend and I broke up. My best friend heard and told me she would be right over. Three hours of waiting later she stumbles in wasted. She had been at the bar, with my ex, making sure he was okay. For me, I just got a list of all the drinks she had that night. FML
by dreadedmafia86 / 03/11/2010 at 7:22pm / United States (Ohio) / Love
Today, while cleaning my car, I found my mother's underwear in the backseat. She'd borrowed my car last weekend because hers had been in the shop and she'd been called in to work. I see she put in for overtime. FML
by Anonymous / 03/11/2010 at 6:00pm / United States (North Carolina) / Transportation
Today, while at the dog park, I suddenly had to use the bathroom really badly. Since there weren't any facilities nearby, I decided to go behind a tree and relieve myself there. While doing this, two other owners, one that's in my math class, noticed me, regardless of me hiding. She definitely saw everything. School will be fun tomorrow. FML
by Anonymous / 03/11/2010 at 5:44pm / United States (Alabama) / Animals
Today, I became that small percent of people who face three different kinds of complications after their wisdom teeth are removed. FML
by Anonymous / 03/11/2010 at 5:23pm / United States (Michigan) / Health
Today, my mom told me she can't wait for me to turn eighteen so she can turn my room into a place for her to display all her antique glass dolls. FML
by heartless / 03/11/2010 at 4:07pm / United States (Texas) / Miscellaneous
Today, I found out that my art project, the one I've been working on for the last two weeks and the first piece I felt really comfortable about turning in, was stolen out of the art cupboard. FML
by anonymous / 03/11/2010 at 2:55pm / United States (Florida) / Miscellaneous
Today, I told my husband that after fifteen years of marriage, I wanted a divorce. His first question was whether or not he could still go on the family cruise my parents are paying for in May. FML
by danikka1 / 03/11/2010 at 12:13pm / United States / Love
Today, my extremely loud and nocturnal flatmate phoned me to tell me excitedly that he got an accordion for his birthday. FML
by Anonymous / 03/11/2010 at 10:24am / United Kingdom (Hillingdon) / Miscellaneous
Today, I learned that even though they say that an apple a day keeps the doctor away, it doesn't keep him from putting a Q-tip up your ass. FML
by captainkevineff / 03/11/2010 at 9:44am / United States / Health
Today, I found out that my entire family thinks I have no friends, am expressionless (to quote, "a robot") and that my monotonous voice hints at the suppressed depression hidden deep inside me. According to them, I need psychic evaluation. It all came out at a family reunion. FML
by talhabilal / 03/11/2010 at 9:28am / Pakistan (Punjab) / Miscellaneous
Today, I found out my ex boyfriend who recently cheated on me and broke up with me for another girl, has herpes. Guess how I found out? FML
by cheated / 03/11/2010 at 7:50am / Australia (Queensland) / Intimacy
Today, while getting it on with my wife, I started to talk dirty to her. She started laughing. When I asked her if she wanted me to stop, she just kept on laughing. FML
by StretchNuts / 03/11/2010 at 7:50am / United States / Intimacy