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Israel: The Will to Prevailby Danny Danon
Danny Danon has been a vocal opponent of disengaging in the Gaza Strip and West bank, and transforming the stalemate "two state/one state" dialogue to include regional partners, at times standing in direct opposition to his own party's leadership. A well-known and frequent speaker in the global arena, he is the rising voice for a fresh movement toward nationalism
Danny Danon has been a vocal opponent of disengaging in the Gaza Strip and West bank, and transforming the stalemate "two state/one state" dialogue to include regional partners, at times standing in direct opposition to his own party's leadership. A well-known and frequent speaker in the global arena, he is the rising voice for a fresh movement toward nationalism among the generation of Israelis currently coming to power. Here, Danon shares this vision with the world. It is a bold and uncompromising stance in the face of attacks on Israel's sovereignty by other Middle Eastern nations as the United States sends mixed signals of support to further its own goals in the region. Danon dissects the missteps and wrong turns that Israel's politicians have taken in the past by working to appease the United States and not offend their neighbors, instead of prioritizing their nation's own viability. With electrifying zeal, he tackles the challenges Israel faces today to undo what he sees as a consequence brought on by years of acquiescence to US policy. Danon believes "US pressure on Israel is hurting Israel and will do nothing to advance peace".
Danon leads the charge toward a victorious future with an invitation for the United States and the Middle East to participate in, and not just dictate, Israel's international relations and policies (as opposed to an Israel cuckolded with an endless array of caveats toward those who would see it fall). No stranger to controversy, Danon's unabashed insights are a welcome revelation in the current quagmire of Middle-East international relations. A leading speaker to both Jewish groups and Christian Conservatives, the LA Jewish Journal says "What Danny says is what Bibi is actually thinking." For Danny Danon, this is only the beginning.
Editorial Reviews
"Danny Danon is one of Israel's emerging leaders and a force for keeping Israel free and strong. He unabashedly rejects the notion of making concessions and capitulations to terrorists, whether individuals or rogue nations. His skills as a political figure are exceptional and matched by his keen intellect and commitment to a strong and stable Israel. You will love the strength, thought, and clarity of his book." Mike Huckabee, host of Fox News's HUCKABEE and New York Times bestselling author of A Simple Government, among others
"Danny Danon has written an important and tough book about Israel's situation in the world today. Though I fundamentally disagree with many of his proposals, especially with regard to the West Bank and the two state solution, his is a voice of an emerging young leader whose views must be considered. It is written with passion and deep love for his country and is part of an important debate whose resolution will affect the entire Middle East, if not the world. Read it, argue with it, disagree with it--but don't ignore it." Alan Dershowitz, Harvard law professor and author
"Deputy Speaker Danny Danon, a leading thinker and voice in Israeli politics, has written a book that offers a new way forward for the U.S. and Israel. By passionately calling for a partnership rooted in respect and strength, instead of patronizing calls for more concessions, Danon makes us look at the future of this special relationship in a whole new way." Glenn Beck, #1 New York Times bestselling author and founder of GBTV
"A well-crafted and persuasive case, based on both historical experience and reason, that we should abandon land-for-peace for a whole new approach toward the Israeli-Palestinian conflict. The Palestinians have made their jihadist bed. Now, Danon essentially says, let them lie in it." R. James Woolsey, chairman of the Foundation for Defense of Democracies; former director of Central Intelligence
"Of all the incendiary books that have been written about Israel over the last year or so, none is quite as fiery as Israel: The Will to Prevail." Jonathan Kirsch, Jewish Journal
"[One] Likud politician makes no effort to hide where his political allegiance lies in the US election: The man who has been called 'the Republican representative in the Knesset,' MK Danny Danon...Called Israel: The Will to Prevail, [Danon's] book has a message about the need for Jerusalem to make its own decisions that is very timely, thanks to the international debate over the handling of the effort to prevent Iran's nuclearization." Gil Hoffman, The Jerusalem Post
"It is that will to break the silence that is clearly reflected in Danon's newly released, refreshingly honest, groundbreaking book, Israel: The Will to Prevail...I find it impressive that this young 40-year politician has written a book which has the potential to make waves, and allow people to understand what nationalist Israeli politics looks like. Danon is an ideologue, a man who has spent his entire life fighting for the Jewish people-and this comes across clearly in his writing...The book reflects past, present, and future...Danon is a rising star of his party and I believe that his book is necessary reading for those who are interested in the Middle East and the State of Israel." Ronn Torossian, The Algemeiner
"It is that will to break the silence that is clearly reflected in Danon's newly released, refreshingly honest, groundbreaking book, Israel: The Will to Prevail…I find it impressive that this young 40-year politician has written a book which has the potential to make waves, and allow people to understand what nationalist Israeli politics looks like. Danon is an ideologue, a man who has spent his entire life fighting for the Jewish peopleand this comes across clearly in his writing…The book reflects past, present, and future…Danon is a rising star of his party and I believe that his book is necessary reading for those who are interested in the Middle East and the State of Israel." Ronn Torossian, The Algemeiner
"Though Danon is in his first term in the Knesset, his profile is rising quickly on the Israeli political scene-perhaps more than anything else because of his unapologetically nationalist vision for Israel's future...Danon outlines his blueprint for Israel's future in...Israel: The Will to Prevail." Uriel Heilman, Jewish Telegraphic Agency
Deputy Speaker Danny Danon, a leading thinker and voice in Israeli politics, has written a book that offers a new way forward for the U.S. and Israel. By passionately calling for a partnership rooted in respect and strength, instead of patronizing calls for more concessions, Danon makes us look at the future of this special relationship in a whole new way.
A well-crafted and persuasive case, based on both historical experience and reason, that we should abandon land-for-peace for a whole new approach toward the Israeli-Palestinian conflict. The Palestinians have made their jihadist bed. Now, Danon essentially says, let them lie in it.
Product Details
- 9781137278449
- Publisher:
- St. Martin's Press
- Publication date:
- 09/04/2012
- Sold by:
- Macmillan
- Format:
- NOOK Book
- Pages:
- 240
- File size:
Read an Excerpt
The Will to Prevail
By Danny Danon
St. Martin's PressCopyright © 2012 Danny Danon
All rights reserved.
DECADES BEFORE THE UNITED NATIONS CONFERRED SOVEREIGN statehood on Israel in 1948, Jews in Israel and elsewhere had faced war, terror, and potential extinction. Today, a confluence of events has created a unique and perilous moment for Israel, and again she confronts possible vital threats from three interconnected sources: (1) instability in the region, including a nuclear Iran; (2) the U.S. administration's appeasement strategy in relation to Palestinian demands; and (3) an ideological war against Israel that has gained traction within the mainstream in recent years. In this first section, I examine these threats and outline how each, both inadvertently and by design, works together to undermine not only the security but also the very existence of Israel. There is no other country in the world that has the legitimacy of its very existence questioned.
Israel's demise would be catastrophic for America and indeed for the world. It would mean losing a modern democracy in a region not known for social liberalism; and one that contributes so much to the world in terms of technology, science, art, and commerce. Let's not fool ourselves: The diminution of Israel would solve no problems in the Middle East, but would only embolden terrorists worldwide and increase the danger to other nations.
Israel's experience with Gaza demonstrates the folly of those who say that the only pathway to peace involves handing over our land to the Palestinians. When Gaza was given to the Palestinian Authority, Hamas was quickly voted in, in 2006. Since then no new elections have been held. Citizens who objected were shot in the street as a "message" to accept the regime or else. Gaza has also seen a dramatic and continued influx of smuggled weaponry from Egypt since Israel withdrew Jewish residents and soldiers in 2005. More than 12,000 rockets and mortars have been fired at Israel's Gaza belt communities from the enclave, and Israel currently sees increased rocket fire from Gaza every day. There are more tunnels running from Gaza to Israel, and the range of the rockets is much broader now than in previous years.
Despite this regular terror, the people in Gaza enjoyed great economic times in 2010 and 2011. The Palestinian Central Bureau of Statistics (CBS) put the rate of economic growth in Hamas-run Gaza at 31 percent for the second quarter of 2011, compared to same period in 2010, while unemployment fell to its lowest level for nearly a decade, to 25 percent. This sharp growth comes directly from the Israeli government's decision in June 2010 to maintain security status quo concerning Gaza while also loosening economic policies that allow for increased exports coming from terror-run Gaza. I believe this is appeasement at the expense of our own citizens' security and safety. Terrorists may have achieved a level of confidence through economic security that enables them to ramp up their activities. This is the exact opposite of what was assumed would happen — fewer rockets.
Does Palestine have a right to exist as a separate entity? "Palestinians must abandon violence. ... At the same time, Israelis must acknowledge that just as Israel's right to exist cannot be denied, neither can Palestine's," said President Obama in his June 4, 2009, Cairo speech. However, being a member of a group does not ipso facto mean that you should have a state. For instance, the Kurds live in Iraq, Turkey, Iran, and Syria. Stateless people in Europe (Romas), Estonia/Latvia (ethnic Russians), Thailand (Yao, Hmong, and Karen), and other places around the world often face tensions, but these issues will not be settled by granting statehood within the lands where they reside. In fact, it is rarely, if ever, suggested in these cases.
Furthermore, and this is basic, Israel cannot even begin to negotiate with a terror organization — it would be similar to the United States engaging with Al Qaeda. Nor can we engage with someone who does not recognize Israel as a Jewish state. How can you negotiate with someone who does not accept the 1948 borders of Israel, let alone the 1967 lines? We have to say very clearly that the first and most important pre-condition for any negotiation is accepting that Israel has a right to exist. If someone does not recognize you, they are actually getting ready for the next step, which, in this case, is military or terror attacks. The Obama administration can and has paid lip service to the notion that Palestinians and others in the region have to recognize the right of Israel's existence, but until the Palestinians actually do so — and to date that has not happened — why would any negotiation with Israel be seen as valid in their eyes?
The amount of Palestinian and other Arab hatred toward Israel — and, by the way, toward the United States — is due not to actions either Israel or the United States has taken. Instead, it is because generations of Palestinians, Iranians, Iraqis, Syrians, and others across the Middle East have been brought up to hate the entire Western world. Many educational systems in this region are dedicated to this proposition. "First the Saturday People, then the Sunday People" is an Arab saying that can be found spray-painted on walls in many Muslim neighborhoods. The "Saturday People" are, of course, Jews. Sunday people are Christians, who now find themselves victims of open persecution in the aftermath of the Arab uprisings.
I like to tell the story of three people who get lost in a forest. They come upon a hungry lion. Two of the friends decide to throw the third to the lion in order to satiate the beast. The next day, however, the lion is hungry again and is roaring threats. One of the remaining friends pushes the other to the lion, and the beast is satiated for a while. The following day, since there is no one left to protect the remaining friend, the lion eats him, along with a few deer and a couple of rabbits. It would have been smarter for the three to fight together to eliminate the threat at the outset: You can never satisfy or appease the appetite of a lion — it will always want more.
If you need proof that appeasement doesn't work, look at the 2005 terror attacks in London, or the 2008 terror attack in Mumbai. Neither had anything to do with Israel. They represent a pattern of attacks motivated by an insatiable desire to impose Islamic extremism around the world, and a total lack of tolerance for any other point of view. Islamic terrorists have carried out more than 18,000 attacks globally since 9/11. More than 2,000 "successful" operations took place in 2011 (170 in October 2011 alone, in 16 countries, resulting in hundreds of victims representing five different religions, among them Islam itself). I'm not just speaking of those widely reported in Iraq and Afghanistan, but also less-publicized events in the Philippines, Thailand, Indonesia, India, Israel, Kenya, Nigeria, Somalia, Egypt, and Algeria. The list goes on and on and on. As of this writing, 43 attacks have been thwarted in the United States since 9/11, including 14 in New York City alone.
I thought of these strikes as I traveled to South Sudan in August 2011, becoming the first Israeli elected official to show support for the new nation. The trip was meant to forge positive cultural and economic ties between Israel and the embryonic country's leadership. All students of international relations know that Africa in general, and Sudan in particular, is fraught with tension, famine, and, all too often, bloody warfare. While many factors drive these desperate conditions, the primary obstacle to peace and economic development in Sudan has been the presence of dictatorial Islamic forces committed to suppressing minorities and stifling contacts with the West. Sudan has been the scene of repeated mass killings, launched by this regime, rendering the south a place where lawlessness, rape, murder, and narcotics and weapons trafficking became the norm.
The establishment of this nascent nation, South Sudan, was born out of a sincere desire by the resident Christians to create a stable country modeled upon democratic values and an economy based on honesty and free trade. While the citizenry remains challenged by poverty, the decision by the people of South Sudan to join the community of democratic nations is a source of tremendous hope for a brighter future.
While much of the Western world responded with relative indifference to the creation of "yet another state" in Africa, I strongly feel that the creation of this new nation deserves the attention and admiration of the entire international community. President Salva Kiir Mayardit has had to fight Muslim extremists on the country's northern borders because they vehemently oppose coexisting with a Christian nation. This is further evidence for me that it is not Jews living in the Middle East that are "the problem." Islamic extremism and terrorism is an international problem: We are all a target for its violence.
Despite the fact that Israelis live in a tough neighborhood, and despite our enormous outlays for defense, we have managed to build a strong and vibrant economy without oil reserves; this is cause for consternation among Arab nations. They look at us, our modern and liberal society, and they don't like what they see. Moreover, what they see represents all of Western civilization. Israel just happens to be a handy target and a convenient scapegoat located on the front lines of Western society. It is a peril for all of us if we allow this grave situation to continue.
Israel has always been at the center of a storm. Case in point, I don't think enough people truly understand the difference in size of the Jewish State in terms of the totality of the surrounding Arab states. The total area of the State of Israel is 7,951.6 square miles and is bound by Egypt, Lebanon, Syria, Jordan, and the Mediterranean Sea. Egypt alone covers 386,659 square miles. Israel has a population of about 7.5 million people, and the Arab nations who surround her contain 369 million people. Once you have that in perspective, you may be able to understand that any "boiling over" from the Arab Spring, Islamic Jihad terrorists, and a nuclear Iran will have a direct and dangerous impact on Israel. Let me be clear up front: None of these threats will be eliminated or even mitigated by a two-state solution for Palestinians. This point will be thoroughly discussed in the last section of this book, but suffice to say that the commonly proposed "road map for peace" is unlikely to yield positive results for Israel and the democratic brotherhood of nations, and may, in fact, exacerbate an already dire situation.
I can say with certainty that as far as Islamic terrorists, Iran, Hamas, the Palestinian Authority, and the vast majority of Palestinians, including young but thoroughly indoctrinated schoolchildren, are concerned, there is only a one-state, one-ideology solution. Take a look at any map drawn by a Palestinian child, and also those found in textbooks, and you don't see Israel, only Palestine — in other words, Israel has been wiped from the map. Add unclear futures in Jordan, Syria, and Egypt, and the resultant synergy is cause for deep concern. To this combustible mix we must also figure in the threat Jihadi extremists pose to Israelis, Christians, and moderate Muslims alike.
A nuclear Iran greatly ups the ante, and poses an international dilemma all democracies have to face, Israel in particular. Many in the West have their heads in the sand about what nuclear power in the hands of a despotic regime means. One needn't look far back into history to see the horrific results of dictators who promoted hatred and incitement while trying to achieve military capabilities for mass destruction. Israel will not allow a second Holocaust to occur, and if required, I guarantee it will act unilaterally to remove an imminent threat. Indeed, Israel could lead the way in terms of providing strategic diplomatic and military solutions to counteract radical Islamic influence and aggression in our time. To think that Iran is only a problem for the United States and Israel is, again, ignoring a bigger problem — the November 2011 attack on the British Embassy in Tehran should convince you of this fact. Innocent students did not storm the embassy as was suggested by some early reports; terrorists did.
To truly understand the threat that Israel and the West face, one must recognize the enemy. The enemy of Western democracy and freedom in the world today is undoubtedly Islamic fundamentalism, and the tool is Jihad. Jihad, meaning "to strive" or "to struggle" in Arabic, is a duty for Muslims. Jihad means fighting a war in the name of Islam, and the primary aim is the expansion and defense of the Islamic state. "Jihad" is derived from the root word "Jahada" (struggle). Jihad has come to mean an offensive war to be waged by Muslims against all non-Muslims to convert them to Islam. The Quran enjoins Jihad on all Muslims. Middle East historian Bernard Lewis points out that some modern Muslim sources try to portray Jihad in a spiritual and moral sense when addressing non-Muslims; however, historically it has only meant one thing.
In Muslim tradition, the world is divided into two houses: the House of Islamic Peace (Dar-al-Salam), in which Muslim governments rule and Muslim law prevails, and the House of War (Dar-alHarb), the rest of the world, still inhabited and, more importantly, ruled by infidels. The assumption is that natural law pits these two domains against each other, and the duty of Jihad is to continue the fighting until the world either adopts the Muslim faith or submits to Muslim rule. According to Lewis, "those who fight in the jihad qualify for rewards in both worlds — booty in this one, paradise in the next."
The International Institute for Counter-Terrorism says that "offensive jihad" is an even more extreme interpretation of Jihad by former Egyptian Muslim Brotherhood ideologue Sayyid Qutb. It is a radical belief that can "be employed for an offensive assault in order to reform societies by spreading Islam, and to liberate all men, both Muslim and non-Muslim." The call for Jihad is defined as the following by Sheikh Abdullah Azzam (Shaheed), an influential Palestinian Sunni Islamic scholar and theologian, who was also a teacher and mentor of Osama bin Laden: "Where the Kuffar [infidels] are not gathering to fight the Muslims, the fighting becomes Fard Kifaya [religious obligation on Muslim society]," with the minimum requirement of appointing believers to guard borders, and the sending of an army at least once a year to terrorize the enemies of Allah. It is a duty of the Imam to assemble and send out an army unit into the land of war once or twice every year. Moreover, it is the responsibility of the Muslim population to assist him, and if he does not send an army he is in sin. And the Ulama, Muslim legal scholars, have mentioned that this type of Jihad is for maintaining the payment of jizya, a tax levied on an Islamic state's non-Muslim citizens. The scholars of the principles of religion have also said: "Jihad is Daw'ah with a force, and is obligatory to perform with all available capabilities, until there remains only Muslims or people who submit to Islam."
The concept of Jihad is as old as Islam itself. According to American historian and writer Daniel Pipes, the Muslim prophet Mohammed engaged in an average of nine military campaigns a year, or one every five to six weeks; thus did Jihad help define Islam from its very dawn. Conquering and humiliating non-Muslims was a main feature of the prophet's Jihad, and his successors continued conquering and subjugating non-Muslims. This empire spread across the Middle East, East and North Africa, and parts of southern Europe, including Spain. According to Islamic belief, these areas, once wrested from non-Muslims, could never become infidel territory again.
As I mentioned earlier, the greatest proponent of modern-day offensive Jihad was Sayyid Qutb, the leading intellectual of the Egyptian Muslim Brotherhood in the 1950s and 1960s. Qutb held extreme views about Jews and the West. In his book In the Shade of the Qur'an Qutb writes, "The Muslim world has often faced problems as a result of Jewish conspiracies ever since the early days of Islam." Dale C. Eikmeier, a strategic planner at the U.S. Army War College, offers a broader definition of Qutbism, the theory espoused by Qutb: "a fusion of puritanical and intolerant Islamic orientations" that includes not only Qutb's ideas but also those of Abul Ala Maududi, Hassan al Banna, and even Shia elements, "to justify armed jihad in the advance of Islam, and other violent methods utilized by twentieth century militants. ... Qutbism advocates violence and justifies terrorism against non-Muslims and apostates in an effort to bring about the reign of God. Others, i.e., Ayman Al-Zawahiri, Abdullah Azzam, and Osama bin Laden built terrorist organizations based on the principles of Qutbism and turned the ideology of Islamic-Fascism into a global action plan."
Excerpted from Israel by Danny Danon. Copyright © 2012 Danny Danon. Excerpted by permission of St. Martin's Press.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
Meet the Author
Danny Danon is deputy speaker of the Knesset, chairman of World Likud and chair of the Knesset Committee for Aliya (immigration), Absorption and Diaspora Affairs along with being active in numerous other committees, including the Foreign Affairs and Defense Committee and chairing the Lobby for Widows and Orphans of the IDF. A rising star in in Israel politics both in his homeland and abroad, He has contributed to publications including New York Times and the Wall Street Journal, and appeared on networks such as CNN and Fox News to discuss the status of Israel.
He lives in Moshav Mishmeret, Israel.
Danny Danon is deputy speaker of the Knesset, chairman of World Likud and chair of the Knesset Committee for Aliya (immigration), Absorption and Diaspora Affairs along with being active in numerous other committees. He is the author of Israel: The Will to Prevail. A rising star in in Israel politics both in his homeland and abroad, he has contributed to publications including The New York Times and the Wall Street Journal, and appeared on networks such as CNN and Fox News to discuss the status of Israel. He lives in Moshav Mishmeret, Israel.
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Mr. Danon has made a significant contribution to the conversation about peace, Israel, and the Middle East. Even those who hold entrenched views on Israel will find much in the book to think about - the author's ability to effectively link key historical events to the position Israel finds itself in today gives readers a fresh look at the past and places it in relevant context. Danon's long term view of a workable peace process may be difficult for some to envision, but the author also makes a convincing case to see the "three state solution" as a viable and humane pathway to conciliation in the region - one that is worth working hard to achieve no matter how long it takes. I recommend the book to anyone who cares about the future of Israel.
Short book but long on information. Need to read it slowly and then read it again and take notes. I am 70 and learned way more from this book than I ever learned about this topic in school.
You bastard. The Arabs were the ones killing the Israelis and being Anti-semitist.
Look at one in BC times. Isreal was there. They have that land because it was given to them by God. They launched the 6 day war to get better borders. Do you know what they call the pre 1967 borders? The Auschwitz (a polish nazi concentration camp where over a million people were murdered in) borders as they were so indefencible. They have the best civil rights record in the Middle East. They allow religious freedom and gay rights. They are better then the Palistinians in my opinion. Yes I said that and I mean it as the Palistinians cobtantly fire rockets into Israel. Samuel Govaerts. USA.
a bit dry,but informative
Look up a reputable map of 1946 or 1947 from the Middle Eastern region... no Israel, only Palestine. Look up a map dated a few years later, suddenly Israel shows up. Palestine has been Palestine forever. Palestine throws rocks at it's invaders and Israel, backed by the United States, fires rockets. The Israeli people elected a war criminal (from the Lebanon 7-day war) as Prime Minister yet cry and bemoan the way Israelis are treated. Tell the truth, Israel!!! You overtake land which is not yours and kill Arabs for the simple reason that hate fills your hearts!!!


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October 19, 2012
JODY VERDI AND PAUL VERDI, PLAINTIFFS-APPELLANTS,v.BOROUGH OF HOPATCONG AND HOPATCONG BOARD OF EDUCATION, DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Law Division, Sussex County, Docket No. L-253-10.
Argued September 24, 2012
Before Judges Sabatino and Fasciale.
This case, brought against two public entities under the Torts Claims Act ("TCA"), N.J.S.A. 59:1-1 to 12-3, arises out of a slip and fall that took place at an entrance to a municipal administration building. Plaintiffs, Jody Verdi*fn1 and Paul Verdi, filed suit in the Law Division against defendants, the Hopatcong Board of Education ("the Board"), which owns the building, and the Borough of Hopatcong ("the Borough"). Plaintiff fell and was injured as she stepped up onto a landing when entering the building. She contends that the landing was in an unsafe condition that caused her to fall, and she obtained a report from a liability expert to support that contention. She fractured her upper arm and also sustained a rotator cuff injury, eventually undergoing surgery after her shoulder did not heal completely.
Following discovery, defendants moved on various grounds for summary judgment. Among other things, they argued that plaintiff had failed to establish a permanent injury arising from her fall and thus was barred by N.J.S.A. 59:9-2(d) from recovering non-economic damages. Defendants also moved to bar plaintiffs' liability expert from testifying, contending that his views comprise inadmissible net opinion. The trial court granted defendants' motions, resulting in the dismissal of the complaint and the preclusion of the liability expert. Plaintiffs now appeal. For the reasons stated that follow, we reverse the entry of summary judgment and remand for a trial on the contested permanency issues under N.J.S.A. 59:9-2(d). We also remand the question of the admissibility of the liability expert's testimony for further consideration by the trial court, including the issuance of a statement of reasons as required by Rule 1:7-4.
Viewed in a light most favorable to plaintiffs as the non-moving parties, see Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995), the record contains these pertinent facts.
On March 26, 2008, plaintiff was planning to attend a school board meeting at the Hopatcong administration building. The meeting was scheduled for 7:00 p.m., and she left her home at roughly 7:15 p.m. She left her car at the building's parking lot and approached the front entrance.
The building is uphill from the parking lot. Plaintiff followed a walkway from the parking lot and went up a flight of stairs as she approached the door. The stairs are not immediately in front of the door but rather are part of the walkway leading to it.*fn2 Directly in front of the door is a landing, which is raised up about four inches above the walkway.
As plaintiff was stepping up onto the landing and reaching for the door, she fell down, face forward. She did not brace herself because she said she did not realize that she was falling. According to her deposition testimony, she struck her head on the door and then her "whole body hit the ground."
At first, plaintiff thought she had broken her leg. No one witnessed her fall. Plaintiff said she could not use her cell phone to call for help because her right arm had been injured.
Emil Binotto, the high school principal, was among the people who came outside when they heard plaintiff shouting. According to Binotto's deposition testimony, it "wasn't very late" at the time, and he "didn't have a problem seeing."*fn3 He stated in his deposition that "there was a light outside of the doorway" in the alcove where plaintiff fell, and that the light was on.
Plaintiff acknowledged at her deposition that she was familiar with the building and its entrance, having worked there for the Board from September 2003 through June 2005. Plaintiff stated that she had "probably" been through the doorway in question more than a hundred times before her fall. She explained that "there is a dark rug [on the landing] and truthfully when you do come up to this step if you are not aware that it is there you would be unaware that it is there."
The Board owns the building. It was erected in or around 1970.*fn4 According to Binotto, the Board, not the Borough, is responsible for maintaining the building. Another local official, William O'Connor, similarly testified at his deposition that no Borough employees perform maintenance on the building, although the Borough's fire marshal does make inspections there.*fn5
Plaintiff was admitted to Saint Clare's Hospital in Dover on the day after her fall. Her admission record to the hospital reflects that her admitting diagnosis was a "commimuted [sic] right humerus." On March 29, 2008, an orthopedist affiliated with the hospital, Steven Stecker, M.D., issued a report regarding plaintiff's medical condition. The report indicated that plaintiff had a right segmental humeral shaft fracture with minimal comminution.*fn6 Dr. Stecker's plan for treatment was to provide surgical stabilization by way of an "IM rod v. open reduction internal fixation."*fn7
A few days later, on April 1, Dr. Stecker noted that plaintiff had been placed in a coaptations splint in the operating room, and that the wound was "well aligned," but that she had swelling in her right hand.*fn8 An x-ray confirmed the fracture to be well-aligned and that there was no interval change from the initial splinting.*fn9 Dr. Stecker also noted that plaintiff had previously suffered a fracture of her right wrist.
In a follow-up report dated July 9, 2008, Dr. Stecker noted that plaintiff had no new complaints and that she was undergoing physical therapy. He observed that her fracture was "moving as a unit" and that she had almost full range of motion of the elbow. However, plaintiff still had some digital swelling and she had difficulty bringing her hand up to her mouth. Moreover, Dr. Stecker observed that plaintiff's shoulder range of motion was actively limited.
On October 15, 2008, Dr. Stecker reported that plaintiff was improving, but that she was complaining of cervical pain, numbness, and pain in her left hand. He also observed that she could actively forward flex her right shoulder to only about ninety degrees, and that her passive range of motion for forward flexion was limited to 165 degrees and forty degrees of abduction.*fn10 In addition, Dr. Stecker found that plaintiff had a positive Tinel's sign and a Phalen's maneuver, indicating the presence of carpal tunnel syndrome in her left upper extremity.*fn11 He recommended continued physical therapy to address the range of motion problems, and a night splint for her carpal tunnel syndrome.
About ten months after plaintiff's fall, Dr. Stecker stated in a February 4, 2009 report that she was about seventy percent improved. There was no tenderness near the fracture, and she could actively forward flex to approximately 130 degrees. Her passive range of motion extended to about 160 degrees. However, Dr. Stecker noted that plaintiff still had "significant weakness of the arm and shoulder musculature." Dr. Stecker's plan was to have plaintiff continue physical therapy and reevaluate her in six weeks, and if she was "significant for endurance" he would send her for an MRI of the shoulder for evaluation of "her rotator cuff tear."
The shoulder MRI was subsequently performed in May 2009. It revealed "a small tear of the supraspinatus tendon[,] which appear[ed] to be a complete full-thickness tear."*fn12 The MRI study also noted, "[p]resumed old fracture greater tuberosity [sic]."*fn13 The MRI findings, coupled with plaintiff's continued inability to achieve a full recovery, prompted Dr. Stecker to operate on the shoulder.
Consequently, on July 14, 2009, plaintiff underwent surgery for her right rotator cuff tear, which was performed by Dr. Stecker. Dr. Stecker's operative report stated that the rotator cuff appeared to have hemorrhaged and that it was scarified. There were no operative complications. Plaintiff was temporarily placed in a sling after the surgery.
On September 9, 2009, about two months after the surgery, a physical therapist assessed plaintiff. The therapist's report stated that plaintiff was in "a lot" of pain that day. The therapist noted that plaintiff said she had mopped a floor and cleaned a closet the day before with no pain at that time, but on the next day at the assessment she was "really sore." The therapist further indicated that plaintiff was experiencing weakness in performing activities at shoulder height or above.
A second report by the same physical therapist nine days later similarly noted that plaintiff was continuing to have weakness with activities at shoulder height or above, although she felt no pain unless she tried to lift her arm and use it.*fn14
At her deposition in the fall of 2010,*fn15 plaintiff described the impact of these arm movement limitations upon her regular activities. She stated that it has been more difficult for her to do house cleaning, vacuuming, and bathing, and that she cannot do laundry. She can walk her dog with her left hand, but not with her right. She can drive, but not for long distances. She goes grocery shopping, but not for large bulk items, and uses her left hand for bags that are filled. She stated that she can lift five pounds at most, and that she cannot always lift even that weight with her arm extended. Plaintiff also testified that her injury has diminished her physical relationship with her husband.
Plaintiff denied any subsequent accidents after her March 2008 fall. She testified that for a period of time after her injury, her sister would check in on her "one or two days a week" to see how she was doing. In addition, plaintiffs' son came to live with them for a year, and he has assisted them in various unspecified ways.
In his interrogatory answers, Paul Verdi confirmed that his wife was continuing to have physical limitations from the accident. He stated that cooking and cleaning took twice as long for her to do and that sometimes she could not do these activities at all. He noted that entertaining at home was physically draining for plaintiff, and that their physical relations had been adversely affected. He further noted that they "stayed home a lot" and that, when they did go out to a restaurant, he had to cut food for his wife.
Plaintiff has not sought work since March 2008. As of the time of her deposition, she was receiving monthly Social Security disability payments. The Notice of Award from the Social Security Administration ("SSA") contained in the record indicates that the SSA deemed plaintiff disabled as of March 26, 2008, i.e., the date of the subject accident, but it does not specify the reasons for that conclusion.
In a March 8, 2010 narrative report summarizing his findings and his overall treatment of plaintiff, Dr. Stecker explained that plaintiff's post-accident physical therapy had insufficiently progressed, which led to the MRI revealing her rotator cuff tear. Dr. Stecker opined that the rotator cuff tear was "likely sustained" at the time of her fall. Although Dr. Stecker acknowledged that plaintiff "continues to improve at every visit," he qualified that assessment by also noting that she "still complains of weakness and pain."
On the whole, Dr. Stecker estimated in his narrative report that plaintiff had improved about sixty-five percent since her rotator cuff surgery. He noted that, as of January 2010, her active shoulder flexion was about 140 degrees, and her active abduction was one-hundred degrees. Plaintiff's main concerns and complaints were her continued pain and her inability to handle objects and lift overhead for prolonged periods of time. Dr. Stecker commented that "[c]learly her fracture has healed but has hindered the use of the right upper extremity." He also noted that plaintiff's ability to perform her former job working in a doctor's office would be limited with regard to any overhead activity, lifting, or the continued use of her right arm.
Based upon these observations, Dr. Stecker concluded in his narrative summary, within a reasonable degree of medical probability, that plaintiff has "sustained a permanent injury to the right upper extremity." He acknowledged that it was difficult to gauge the extent of that permanency because plaintiff was still recovering from her surgery that had taken place eight months earlier.
Joseph W. Dryer, M.D., who is also an orthopedist, examined plaintiff as a defense medical expert for the Board on March 3, 2011. Based on that examination and his review of her medical records, Dr. Dryer agreed with Dr. Stecker that plaintiff's right humerus had been fractured as a result of her fall. Dr. Dryer also agreed that she had developed a right rotator cuff tear from the incident. According to Dr. Dryer, plaintiff had been given appropriate treatment with "excellent results." He opined that "[m]aximum medical improvement" had been reached, with what he characterized as only "mild functional limitation." Upon having the opportunity to review the pertinent radiologic studies, Dr. Dryer's opinions remained unchanged.
After other discovery was exchanged, defendants moved for summary judgment. As part of their arguments, defendants contended that plaintiff had failed to establish a triable issue that she had sustained a "permanent" injury, as is required to recover pain and suffering damages from a public entity under the TCA. See N.J.S.A. 59:9-2(d). Defendants also moved to bar the testimony of plaintiffs' liability expert, H. Dale Wilson, a certified industrial hygienist, arguing that his findings that the area where plaintiff fell was in an unsafe condition were inadmissible net opinion.
Following oral argument, the motion judge granted defendants summary judgment, agreeing in a written opinion with defendants that plaintiff failed to establish that she sustained in this accident a permanent injury within the meaning of N.J.S.A. 59:9-2(d). The judge also ordered that Wilson's liability expert report be stricken as net opinion, although the judge gave no reasons for that separate determination.
Plaintiffs now appeal the judge's rulings on the permanency issue and the net opinion issue. We address them in turn.
We first consider the entry of summary judgment based on N.J.S.A. 59:9-2(d). In doing so, we review the grant of summary judgment de novo, applying the same standard governing the trial court under Rule 4:46-2. Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007). Generally, the court must "consider whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Brill, supra, 142 N.J. at 540; R. 4:46-2(c).
The general rule of liability for public entities under the TCA is that they are immune from suit unless a specific statutory provision provides otherwise. Polzo v. Cnty. of Essex, 209 N.J. 51, 65 (2012). The present action was brought under the TCA, and, in particular, the TCA's provisions imposing liability for injuries caused by the dangerous condition of public property where the failure to guard against it was palpably unreasonable. See N.J.S.A. 59:4-2.*fn16
The TCA also contains a provision, N.J.S.A. 59:9-2(d), which is at the heart of this appeal, limiting the recovery of non-economic damages from public entity defendants. It reads:
No damages shall be awarded against a public entity or public employee for pain and suffering resulting from any injury; provided, however, that this limitation on the recovery of damages for pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent disfigurement or dismemberment where the medical treatment expenses are in excess of $3,600.00.
[N.J.S.A. 59:9-2(d).]
To meet this threshold requirement of N.J.S.A. 59:9-2(d), a permanent
loss of bodily function must be substantial. Brooks
v. Odom, 150 N.J. 395, 406 (1997). Therefore, the statute
mandates three basic requirements before a plaintiff can obtain pain
and suffering damages from a public entity: (1) an objective permanent
injury, (2) a permanent loss of a bodily function that is substantial,
and (3) medical treatment expenses exceeding $3600.*fn17
See Kahrar v. Borough of Wallington, 171 N.J. 3, 12 (2002).
The motion judge concluded that plaintiff has made a sufficient recovery from the accident and her surgery to be unable to vault the permanency threshold of N.J.S.A. 59:9-2(d). The judge also expressed doubts about plaintiff's ability to prove that her residual limitations and pain were caused by this accident. However, viewing the record, as we must, in a light most favorable to plaintiff, we conclude that there are genuine issues of material fact on permanency and causation that plaintiff is entitled to present to a jury.
Other TCA cases involving a plaintiff's alleged failure to recover fully from an accident, even after surgical intervention, provide useful guidance. For example, in Gerber ex rel. Gerber v. Springfield Board of Educ., 328 N.J. Super. 24 (App. Div. 2000), a girl had been attacked by one of her classmates, leaving her with multiple fractures in her nose and difficulty breathing. Id. at 31. She underwent surgery, but it did not resolve her breathing problems. Id. at 31-32. Her treating doctor suggested more surgery, but noted that "there was no possibility of obtaining a completely normal airway," and in time her problem would most likely become worse. Id. at 32. We concluded that such a condition sufficed as a permanent injury under N.J.S.A. 59:9-2. Id. at 36.
Similarly, the Supreme Court held in Kahrar, supra, that the plaintiff's shoulder injury satisfied the statutory requirement. 171 N.J. at 15. In that case, the plaintiff was injured when her right foot entered an uncovered hole in the middle of a street outside a market, causing her to fall. Id. at 5. Her injuries did not seem severe at first, and it was not until the next day that she went to the hospital, where an X-ray revealed a broken elbow and right ankle. Id. at 6. One month later, an MRI revealed a massive rotator cuff tear and surgery was performed the following month to repair it. Ibid. Her recovery went well at first, but eventually came to a plateau. Id. at 7. Her doctor observed that she could rotate that shoulder only twenty-five degrees, and could lift it only 120 degrees as compared to 170 degrees on the other arm. Ibid. Her external rotation with the arm abducted (described as "moving the arm horizontally with the elbow at the side, extending the hand sideways") was forty-five degrees on her left side, but eighty degrees on her right. Ibid. The defendant's expert in Kahrar similarly found that the plaintiff had "only 90 degrees of abduction, 100 degrees of forward flexion as compared to 180 degrees of abduction and forward flexion of the opposite shoulder." Id. at 7-8. He further found that she had forty-five degrees of external rotation of the left shoulder but ninety degrees on the right. Id. at 8.
The plaintiff in Kahrar eventually returned to work, but missed roughly one hundred days. Ibid. She required help from her husband in doing household tasks, and it took her longer to perform her normal duties at her job as a secretary. Ibid. She was left-hand dominant, and compensating with her right hand led to swelling in her right shoulder. Ibid.
Given those circumstances, the Court concluded in Kahrar that plaintiff had suffered a permanent injury. Id. at 16. The Court noted that "despite the successful surgery," the plaintiff's ability to use her arm was "significantly impaired because [the] plaintiff [had] lost approximately forty percent of the normal range of motion." Id. at 16. The Court further noted that "dicta in Brooks should not be understood to suggest that plaintiffs with permanent and substantial impairments who, nevertheless, can manage to perform adequately routine tasks at work and at home are barred from recovery." Id. at 15.
Plaintiff's persisting arm injury in this case is sufficiently comparable to the arm injury in Kahrar to be presented to a jury. Considering the objective opinions of plaintiff's treating orthopedist and surgeon, Dr. Stecker, and the sworn factual assertions of plaintiff and her husband, a jury reasonably could conclude that plaintiff has sustained a permanent and substantial injury from her fall. She continues to have restrictions on her range of motion and lifting strength. She has difficulty with many routine household tasks, some of which she cannot perform at all. She and her husband also assert that their sexual relations have been curtailed. Unlike in Brooks, where the plaintiff found certain post-accident tasks to be merely difficult, plaintiff here identifies tasks that she cannot even do. Supra, 150 N.J. at 400.
Additionally, although there is some evidence that plaintiff had a subsequent fall which may have injured her shoulder, both plaintiff's treating doctor and the Board's own medical expert concluded that the rotator cuff tear was from the initial fall that is the focus of the present action. The motion judge erroneously resolved this factual question in favor of defendants without affording plaintiffs the opportunity to present these genuine issues of causation to a jury.
We also noted that the motion judge gave no weight to the SSA's finding that plaintiff has been permanently disabled as a result of her fall, because it did not constitute "objective evidence" of the permanence of her injury. Although the SSA's findings of disability are not dispositive in this case, they provide some indicia that plaintiff has sustained a permanent and significant injury. See Golian v. Golian, 344 N.J. Super. 337, 342-43 (App. Div. 2001) (holding that an SSA finding of disability "constitutes a prima facie showing that plaintiff is disabled"). Although Golian involved a matrimonial proceeding and not a tort action, its reasoning logically extends to a civil action as well. That said, we reserve for the trial court the question of whether the SSA's findings are admissible at trial without additional supporting documentation showing the basis for the SSA's determination, as well as what limiting instruction for the jury would be appropriate if such proof is ultimately admitted.
We also point out, as defense counsel conceded at oral argument before us, that the most that defendants can gain from a successful invocation of N.J.S.A. 59:9-2(d) is the dismissal of plaintiff's claims for pain and suffering. Plaintiffs have retained two economic experts who have quantified the lost earnings and loss of household services resulting from her injury. Those claimed economic damages are unaffected by N.J.S.A. 59:9-2(d). E.g., Rocco v. N.J. Transit Rail Operations, Inc., 330 N.J. Super. 320, 334 (App. Div. 2000).
For these reasons, we reverse the entry of summary judgment in favor of defendants and remand for further proceedings, without prejudice to whatever separate grounds for relief that may be pursued at or before trial.
We now turn to the net opinion issue. Wilson, plaintiffs' liability expert, authored a report on how the condition of the landing may have contributed to plaintiff's fall. Wilson's report described the alleged circumstances of plaintiff's fall. The report stated that one is required to go up a single step before entering through the doorway into the building in question. The report further noted that the dimensions of the step are 3.8 inches high, 91.5 to 91.75 inches wide, and is of variable depth from 52 inches on the east side (the left side, facing the door) to 53 inches on the west side. The report observed that the top surface of the step is partially covered with a rubber-backed rug.
In his expert opinion, Wilson concluded that the non-uniform depth of the stair was a "non-conforming condition that may reasonably be expected to contribute to a fall." He wrote that the 2006 International Building Code ("IBC") requires dimensional uniformity in size and shape with a tolerance of no greater than .375 inches. He pointed out that the difference in depth of one inch exceeded such tolerance.
Wilson also noted that the IBC and the 1998 International Code Council and American National Standard require stair riser heights to be between four inches and seven inches. He stated that the measured height of 3.8 inches was not within this range. He also stated that a minimum riser height is specified so that "the different heights are readily observable by a person in motion."
Wilson also noted that the unattached, red area rug with a one-inch black border created a tripping hazard on the stair. He stated that the IBC requires stairway treads and landings to have a solid surface and that all carpet must be securely attached to a surface. He further noted that the sidewalk in front of the step and the step itself are both cement and off-white in color. He concluded that the "low" height of the step, the similar colors of the walkway and step, and the dark edging of the rug created a hazard because "this combination of factors can visually obscure the leading edge of the step." He suggested that the leading edge's visibility would be increased if it were painted with a "high-visibility yellow paint . . . ."
Defendants moved to bar Wilson's expert testimony on these matters, arguing that it would be inadmissible net opinion. See generally Pomerantz Paper Corp. v. New Cmty. Corp., 207 N.J. 344 (2011). "[A] court must ensure that the proffered expert does not offer a mere net opinion." Id. at 372. A net opinion is "an expert's bare opinion that has no support in factual evidence or similar data . . . ." Ibid. An expert witness's opinions that are not supported by the factual record and an explanatory analysis from the expert may be excluded as a net opinion. See Creanga v. Jardal, 185 N.J. 345, 360 (2005); see also Greenberg v. Pryszlak, 426 N.J. Super. 591, 607 (App. Div. 2012). In general, an expert should provide the "why and wherefore" supporting his or her analysis. Pomerantz, supra, 207 N.J. at 372; Beadling v. William Bowman Assocs., 355 N.J. Super. 70, 87 (App. Div. 2002).
Although the motion judge evidently agreed with defendants that the Wilson expert report comprised a net opinion, the judge presented no analysis or reasons for that determination. At most, the judge's written decision granting summary judgment on the pain and suffering damages only made the following recitation of facts that obliquely implicates the net opinion issue on liability:
The entrance landing at issue in this matter was constructed, along with the rest of the building, on or before 1970. The entrance landing measures four inches in height and was covered by a dark burgundy textured mat with beveled edges. As its construction pre-dates the effective date of the New Jersey State Uniform [Construction] Code, the International Building Code, and the BOCA National Building Code, the entrance landing is not required to comply with these standards.
However, the judge's written decision, perhaps inadvertently, did not otherwise address Wilson's analysis, and there was no oral bench ruling addressing this subject.
Given these circumstances, we remand this issue to the trial court for further consideration of the net opinion issue and to generate a statement of reasons for that decision. Pursuant to Rule 1:7-4, a trial court is required to render a statement of reasons on every motion decided by a written order that is appealable as of right. The court may rely by reference to the reasons advanced by one of the parties, but the judge must make such reliance explicit. Allstate Ins. Co. v. Fisher, 408 N.J. Super. 289, 301 (App. Div. 2009); In re Trust Created by Agreement Dated Dec. 20, 1961, 399 N.J. Super. 237, 253-54 (App. Div. 2006) aff'd 194 N.J. 276 (2008); Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 1:7-4 (2013).
We add that, in reexamining the net opinion issue, the trial court should give further consideration as to whether the fact that the building codes and standards cited by Wilson were adopted after the school building was constructed renders those codes and standards entirely irrelevant to whether the building was in a safe condition at the time of plaintiff's fall.
When the Legislature passed the Uniform Construction Code Act, N.J.S.A. 52:27D-119 to -141, it stated that one purpose of the Act was to "permit . . . the use of modern technical methods consistent with reasonable requirements for health." N.J.S.A. 52:27D-120. The Legislature also observed that a modern construction code would "insure health, safe, and sanitary construction." N.J.S.A. 52:27D-122. The Legislature thus intended that to some degree the standards given in the Uniform Construction Code would represent what is "safe."
According to the Third Restatement on Torts, a statute which is not legally binding may nevertheless "set[] forth a norm that is seemingly pertinent in evaluating an actor's conduct." Restatement (Third) of Torts: Liab. for Physical and Emotional Harm § 14(j) (2005). The Third Restatement advises that the weight afforded such a violation and inapplicable law "depends on the circumstances, as they are assessed by the court." Ibid. In particular, a later-enacted statute "can be admissible evidence bearing on the actor's negligence," especially if the statute at issue "can properly be understood as an expression of a consensus of well-informed opinion as to what are desirable practices." Ibid. The time difference between the conduct at issue and the enactment of the inapplicable law may be a factor to consider in determining whether the inapplicable law nonetheless provides evidence bearing on the actor's negligence. Ibid. If the later-adopted enactment is a regulation as opposed to a statute, the statutory criteria justifying the promulgation of the regulations are important. Ibid. (Reporters' Note, comment j). The more those criteria resemble criteria for negligence, the more likely the regulation would be considered an effort by the government and its experts to "identify precautions and practices that the negligence-liability rule itself might require." Ibid. "At the least, the statute can provide a rational basis for the testimony of an expert as to the likely safety benefits of a particular precaution and the extent of the burdens that the precaution involves." Ibid. (main text).*fn18 Although we do not hold that these principles from the Third Restatement are necessarily controlling in New Jersey, we suggest that the trial court and counsel address their potential relevance, or lack thereof, in resolving the net opinion issues on remand.
Reversed and remanded. We do not retain jurisdiction.
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Sri Vairankode Bhagavathy Temple is located in Malappuram District in Kerala and is around 11 km from Tirur. The annual festival in the shrine is observed in Kumbham month. Special rituals and pujas are held during the period at the shrine. Sri Vairankode Bhagavathy Temple Annual Festival begins on February 14 and ends on February 19. The annual Theeyattu ritual, known as Valiyatheeyattu, will be observed on February 19.
The most important rituals observed during the period are Theeyattu and Kanalattam.
Various unique offerings are made at the shrine during the period.
Traditional performing arts, music and dance are staged during the period.
The temple is traditionally decorated with plantain, coconut leaves, flowers, leaves, traditional lamps and lights.


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Item Project Spec
General Product : TT-96
pcba mtk6223d
Product Type Bar /Dual SIM dual standby
Color Black/White/Silver/etc.
Material Surface Zinc Alloy
Keypad Plastic
Back Zinc Alloy
Display Screen Size 2.2"TFT
Touch Screen No
Camera Back sensor resolution 1.3 Mega pixel
Flash lamp No
DV function Yes
Torch Torch Yes
Sound Ringtone MP3
Speakerphone Yes
Audio Music Player Mp3
Video Video Player Support 3GP
TV Function Analog TV No
FM FM Radio Yes
Message SMS Templates Yes
EMS Yes
MMS Yes
Send to Many Yes
Send to Group Yes
Connectivity Bluetooth Yes (Support data transfer)
WAP Yes
GPRS Yes
Data Cable No
Applications Java No
Games Yes
Voice Recording Yes
World Clock (12/24) Yes
Alarm Yes
Stopwatch Yes
Note Yes
Calendar Yes
T-flash card Support
Calculator Yes
Accessories Battery BL-4C 750mAh
Charger type Nokia type
Earphone Yes
Other Features Motion Sensor No
E-books Support txt file
Language support multinational languages
Company Contact:
Contact Name: Sally Zhang
Company Name: Shenzhen Team Tech Develop Limited
Skype: sallyteamtech
Tel: +86-755-25321486
Cell: +86-15889664954
Fax: +86-755-82893945
Street Address: Room3305, World
Trade Plaza, Shenzhen, Guangdong,
Member name: szteamtech
Member Since: 17 September 2010
Total Leads:
190 szteamtech Import Export Business Leads
Business focus: Mobile Phone, GSM Phone, Dual SIM Mobile Phone, Low End Bar Mobile Phone, Cell Phone, Loud Speaker Mobile Phone, Mobile Phone Accessories
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text:
|Publication number
|Publication type
|Application number
|Publication date
|Mar 29, 2005
|Filing date
|Jul 12, 2001
|Priority date
|Jul 12, 2001
|Fee status
|Also published as
|Publication number
|Stan Janisiewicz, Darrin M. Weiss, Andrew Zalesski
|Original Assignee
|Delaware Capital Formation
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (22), Referenced by (2), Classifications (7), Legal Events (12)
|External Links: USPTO, USPTO Assignment, Espacenet
The invention relates to motor control circuits and in particular to an inductance switching circuit for increasing performance of a motor such as a variable reluctance motor.
Conventional variable reluctance motors operate with a plurality of coils (hereinafter "phase coils"), each coil corresponding to a phase of the motor and comprising a fixed number of turns of wire. The current in each of the phase coils is turned on and off each time a rotor pole passes a stator pole. Such a configuration creates a magneto-motive force which causes motion of the rotor relative to the stator.
A problem with conventional variable reluctance motors is the reduction in motor force (torque in rotary motors) delivered by such motors at high speeds, that is, speeds at which the current in the motor's phase coils cannot reach a desired value due to the inductance of the phase coils. There is a substantial and long felt need in the industry for motors that can operate effectively at higher speeds. It is therefore desirable to overcome the above-described limitations of conventional motor performance, including obtaining a higher motor force at higher speeds.
The invention provides a method and apparatus for maintaining the force (torque in a rotary motor) delivered by a variable reluctance motor including at least one phase coil as the speed of the motor increases. The method comprises the steps of sensing the speed of the motor and varying the inductance of the phase coil based on the sensed speed. The apparatus includes a motor speed sensor for sensing the speed of the motor and an inductance switch for switching the inductance of the phase coil from a first value to a second value based on the sensed speed. One embodiment of the invention includes an inductance compensation circuit to compensate for the change in load inductance when the inductance of the phase coil is switched.
The foregoing summary of the invention, as well as the following detailed description of preferred embodiments, is better understood when read in conjunction with the accompanying drawings, which are included by way of example, and not by way of limitation with regard to the claimed invention.
In general the force, or torque, delivered to a load by a motor tends to decrease as motor velocity increases. The rate of decrease is related to the inductance of the phase coil of the motor. The inductance of a phase coil is related to the number of turns the coil comprises.
The present invention takes advantage of the relationship of curves A and B as illustrated in
To accomplish this switching, system 200 includes switch 203, as seen in FIG. 1. Switch 203 is coupled to first coil portion 206 a and second coil portion 206 b such that he total number of turns comprising phase coil 206 is switchable between a first number of turns, T1, and a second number of turns, T2. In the embodiment shown in
T 1 =N a +N b. (1)
When switch 203 is set to position B, the total number of turns of phase coil 206 is:
T 2 =N b. (2)
An alternative embodiment is illustrated in
T 1 =N b. (3)
When switch 203 is set to position B, the total number of turns of phase coil 206 is:
T 2 =N a. (4)
Those of ordinary skill in the art will recognize that a variety of configurations of coil portions and switches could be implemented to achieve switching between first (T1) and second (T2) inductance values. All of these arrangements are intended to remain within the scope of the invention.
Returning to
Comparing circuit 230 receives feedback signal 210 and compares it to a reference signal 231. Reference signal 231 represents the motor speed threshold value illustrated at C in FIG. 4. In one embodiment of the invention reference signal 231 is set to a value representing a motor speed of about 1.75 meters per second. When feedback signal 210 approximately reaches the threshold value, the comparison condition is met, and comparison circuit 230 provides a switching signal 250 to switch 203 causing switch 203 to toggle from position A to position B. Thus, the number of turns T of phase coil 206 is switched from a higher value T1 to a lower inductance value T2. The higher value tends to increase the force delivered by motor 204 compared to the force delivered by by the lower value when motor 204 operates at higher speeds.
When the number of turns of phase coil 206 is switched from T1 to T2, the load inductance seen at the output of servo amplifier 202 changes. Typical commercially available servo amplifiers operate properly over a limited-load inductance range. Therefore, one embodiment of the invention includes a load inductance compensation circuit 260, as illustrated in FIG. 3. Circuit 260 compensates for the change in load inductance when the number of turns comprising phase coil 206 is switched from T1 (low velocity) to T2 (high velocity). To accomplish this, switching signal 250 is provided to inductance compensation switch 261, as well as to inductance switch 203.
When motor speed feedback signal 210 is lower than reference signal 231, inductance compensation switch 261 is in position A. In this position, resistor R2 is uncoupled from compensation circuit 260. When the speed of motor 204, as represented by feedback signal 210, becomes greater than reference signal 231, switching signal 250 causes switch 261 to switch to position B. In this position, resistor R2 is coupled to compensation circuit 260.
Pulse-width-modulator (PWM)-based amplifier 22 is coupled to phase coil 206 through switch 203. Pulse-width-modulator (PWM)-based amplifier 22 is controlled by the output of current error amplifier 21. Pulse-width-modulator (PWM)-based amplifier 22 also provides a current monitor signal proportional to a current in a phase coil 206 of motor 204, to current error amplifier 21. The current monitor signal is compared to current reference signal 241. The difference between the current reference signal and the current monitor signal is amplified by amplifier 21 and provided to pulse width modulator 22. The amplification factor of current error amplifier 21 is controlled by load inductance compensation circuit 260. As previously discussed, the amplification factor changes as the number of turns of phase coil 206 changes from T1 to T2 and vice versa.
For a detailed example of a suitable variable load inductance compensation circuit, see U.S. Pat. No. 5,912,542 to Zalesski.
In one embodiment of the invention, sensor 205 detects the speed of motor 204. In an alternative embodiment, sensor 205 detects the position of motor 204. One embodiment of the invention further includes a processor for generating a feedback signal depending upon the speed of the motor 204. Sensors for detecting the speed or position of a motor are known and readily commercially available. In one embodiment of the invention, feedback circuit 205 determines the speed of the motor 204 on a continuous basis. In an alternative embodiment of the invention feedback circuit 206 samples the motor speed at intervals. In one embodiment, the feedback signal is digital and in another embodiment it is analog. In one embodiment of the invention the threshold speed is predetermined and stored in the system controller 201.
In one embodiment of the invention, switch 203 is single-throw double-pole switch, controlled by switching signal 250. In one embodiment, switch 203 is a solid state switch. Switch 203 is selected to withstand the currents required to operate the motor 204. In one exemplary embodiment, switch 203 is rated to operate at alternating currents of at least 30 amperes peak-to-peak. In an alternative embodiment of the invention, switch 203 is activated when current in phase coil 206 is nominally zero.
In one embodiment of the invention, motor 204 is a linear variable reluctance motor. In an alternative embodiment of the invention, motor 204 is a rotary variable-reluctance motor. In one embodiment of the invention, motor 204 comprises three phase windings. However, the invention is suitable for use with motors having two phases, three phases, or more phases.
While exemplary systems and methods embodying the present invention are shown by way of example, it will be understood, of course, that the invention is not limited to these embodiments. Modifications may be made by those skilled in the art, particularly in light of the foregoing teachings. For example, each of the elements of the aforementioned embodiments may be utilized alone or in combination with elements of the other embodiments.
|Cited Patent
|Filing date
|Publication date
|May 20, 1971
|Oct 10, 1972
|Morrill Wayne J
|High starting torque eccentric winding shaded pole motor
|Feb 4, 1972
|Oct 30, 1973
|Philips Corp
|Electronic control device in particular for use in a variable reluctance motor
|May 16, 1977
|Mar 6, 1979
|Engins Matra
|Control for variable reluctance motors
|Mar 13, 1979
|Oct 20, 1981
|General Electric Company
|Multi-speed motor
|Jul 9, 1979
|Mar 30, 1982
|Emerson Electric Co.
|Two speed single phase motor
|Jan 25, 1985
|Nov 25, 1986
|Adept Technology, Inc.
|Motor control circuit for variable reluctance motor
|Sep 8, 1986
|Mar 15, 1988
|Caterpillar Inc.
|Electrical drive circuit for a variable-speed switched reluctance motor
|Jan 26, 1988
|Aug 1, 1989
|Kollmorgen Technologies Corporation
|Position and speed sensors
|Mar 23, 1989
|Mar 6, 1990
|Twind Energy Corporation
|Apparatus and method for controlling the output frequency of a wind-driven alternator
|Apr 6, 1991
|Jul 6, 1993
|Fanuc Ltd.
|Apparatus for driving a variable reluctance motor
|Sep 13, 1993
|Aug 2, 1994
|Kabushiki Kaisha Toshiba
|Washing machine
|Nov 21, 1995
|Apr 15, 1997
|Universal Instruments Corporation
|Apparatus and method for force compensation in a variable reluctance motor
|Apr 21, 1995
|Jun 10, 1997
|Itt Automotive Electrical Systems, Inc.
|Method and apparatus for hybrid direct-indirect control of a switched reluctance motor
|Aug 12, 1997
|Oct 13, 1998
|Samsung Electronics Co., Ltd.
|Speed control apparatus for a switched reluctance motor
|Dec 10, 1996
|Oct 20, 1998
|United Technologies Automotive, Inc.
|Switched reluctance motor drive control system
|May 14, 1997
|Nov 17, 1998
|Mccann; Roy A.
|Switched reluctance motor controller
|Apr 29, 1997
|Feb 16, 1999
|Itt Manufacturing Enterprises, Inc.
|Commutation circuit for switched-reluctance motor
|May 30, 1997
|Apr 20, 1999
|Samsung Electronics Co., Ltd.
|Driving circuit for a switched reluctance motor
|Mar 10, 1997
|Jun 15, 1999
|Universal Instruments Corporation
|Variable load inductance compensation for motor drive circuits
|Jan 26, 1998
|Sep 21, 1999
|Samsung Electronics Co., Ltd.
|Sensorless switched reluctance motor driving apparatus and method thereof
|Nov 25, 1997
|Nov 9, 1999
|Georgia Tech Research Corp.
|Method and apparatus for control of a switched reluctance motor
|May 26, 1999
|Mar 27, 2001
|Okuma Corporation
|Controller for reluctance type synchronous motor
|Citing Patent
|Filing date
|Publication date
|Jan 23, 2004
|May 30, 2006
|Rohm Co., Ltd.
|Limiting circuit and electric motor driving device using the same
|Jan 23, 2004
|Aug 12, 2004
|Rohm Co., Ltd.
|Limiting circuit and electric motor driving device using the same
|U.S. Classification
|318/701, 318/716, 318/704
|International Classification
|Cooperative Classification
|European Classification
|Oct 19, 2001
Owner name: UNIVERSAL INSTRUMENTS CORPORATION, NEW YORK
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:JANISIEWICZ, STANISLAW W.;WEISS, DARRIN M.;ZALESSKI, ANDREW;REEL/FRAME:012277/0720
Effective date: 20010712
|May 22, 2002
Owner name: DELAWARE CAPITAL FORMATION, DELAWARE
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:UNIVERSAL INSTRUMENTS CORPORATION;REEL/FRAME:012918/0561
Effective date: 20020122
|Oct 20, 2005
Owner name: DELAWARE CAPITAL FORMATION, DELAWARE
Free format text: CORRECTIV;ASSIGNOR:UNIVERSAL INSTRUMENTS CORPORATION;REEL/FRAME:016918/0457
Effective date: 20050901
|Apr 11, 2006
Owner name: DELAWARE CAPITAL FORMATION, DELAWARE
Free format text: CORRECTIVE ASSIGNMENT TO CORRECT LIST OF PATENT APPLICATION NUMBERS ON SCHEDUE A RECORDED AT REEL 016918, FRAME 0457;ASSIGNOR:UNIVERSAL INSTRUMENTS CORPORATION;REEL/FRAME:017470/0467
Effective date: 20050901
|Jan 5, 2007
Owner name: UI HOLDING CO., NEW YORK
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:DELAWARE CAPITAL FORMATION, INC.;REEL/FRAME:018711/0207
Effective date: 20061106
|Dec 20, 2007
Owner name: MORGAN STANLEY SENIOR FUNDING, INC., NEW YORK
Free format text: PLEDGE AND SECURITY AGREEMENT (FIRST LIEN);ASSIGNOR:UI HOLDING CO.;REEL/FRAME:020270/0755
Effective date: 20061106
|Sep 22, 2008
|Fee payment
Year of fee payment: 4
|Jul 8, 2010
Owner name: PATRIARCH PARTNERS AGENCY SERVICES, LLC, AS THE AD
Free format text: CHANGE OF ADMINISTRATIVE AGENT;ASSIGNOR:MORGAN STANLEY SENIOR FUNDING INC., AS THE ADMINISTRATIVE AGENT;REEL/FRAME:024640/0963
Effective date: 20081118
|Apr 5, 2012
Owner name: WELLS FARGO CAPITAL FINANCE, LLC, NEW YORK
Free format text: PATENT SECURITY AGREEMENT;ASSIGNOR:UI HOLDING CO.;REEL/FRAME:027993/0512
Effective date: 20120403
|May 4, 2012
Owner name: UI HOLDING CO. AND ITS SUBSIDIARIES: UNIVERSAL INS
Free format text: RELEASE BY SECURED PARTY;ASSIGNOR:PATRIARCH PARTNERS AGENCY SERVICES, LLC;REEL/FRAME:028153/0826
Effective date: 20120403
|Aug 29, 2012
|Fee payment
Year of fee payment: 8
|Sep 15, 2016
|Fee payment
Year of fee payment: 12


text:
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