text:
Newcomers start here
Once you become more familiar with the site, you will find lots more information in the "Top menu" under the main headings of our Vision for further details. These are:-
- Christ-centred Worship (Information about the Church services)
- Building the Church Community (Church activities and nurturing disciples)
- Our Local Community (both local and the wider Church)
- Concerned for Creation (Justice, peace and sustainabiity, missions and fairtrade)
There are more details of our Vision in the "Our Vision" page in the menu across the top of the screen.
Meanwhile you are very welcome to join us for any of the Church services and other activities.
Last updated: 11th May 2016
Coming up at St John's
Autumn at St John's is a busy time, with many different services and activities.
Messy Church on 8th October is a great opportunity for families to come along for craft and fun on the theme of Harvest. Lunch is included.
That same evening we have our Autumn Serenade concert in the Church.
On Sunday 16th, there will be Tea and favourite hymns in the Church Hall, starting at 3:30pm.
Sunday 23rd is a Cafe Eucharist, which is an informal communion held in the Church hall and includes coffee and buns.
As we approach Remembrance Sunday, we hold an All Souls' service on 30th October, to remember loved ones who have died.
On Remembrance Sunday we will be joined by the British Legion and the service will include reading of the names on the war memorial at the lichgate.
We are now in a period of "Ordinary Time". This will continue until Advent. During this time we focus on the teachings of Jesus. Worship during this period follows a similar pattern although we vary the Eucharistic Prayer. During term time, our children are welcome at creche, The Net and Pathfinders.
Details of all the other events can be found on the front page of this site.
St John's News is available for downloading from this site (see Documents for downloading, or the front page) and details of all these events are advertised on this site.
Details of the services for this week can be found in the menu on the left of this page. All of these are open to all and you will be very welcome to join us. If you like to be quiet, we suggest that you come to the 8am service. The 10am service caters for all ages, with music, and Sunday School. Take your pick. If you would like to just come and see the Church, it is open from 9am until 3pm Mondays-Saturdays during term time.
Contact Ken Perrett if you need more information - see "How to contact us" in the menu on the left.
Would you like an introduction?
Attending a Church Service for the first time, or at a different Church, can be a daunting prospect. We would like to ensure that newcomers feel welcome and comfortable with the worship. If you would like to talk to someone before coming, or would like someone to greet you on arrival and to support you during and after the service, please contact us.
You will find details of how to contact us on the "How to contact us" page.
Time and Talents
Are you new to St John's and feeling ready to get more involved or an old hand who wants to try something new? Pick up a time and talents form from the back of the hall or download the attachment. Return the completed form to the Vicar....
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United States District Court, S.D. New York
June 21, 2004.
MOHAMED ALI ABDRABO, Plaintiff,
STATE OF N.Y.-WORKER COMPENSATION BD., FOWAD TRADING CO., INC., Managing by Mr. Fouad Mohamed Al Eshmawi, and AMERICAN MOTORIST INSURANCE COMPANY, C/O the Kemper National Insurance Company, Defendants.
Defendants American Motorist Insurance, Co., ("AMIC") and FOWAD
Trading Co, Inc. ("FOWAD") have filed motions for judgment on the
pleadings pursuant to Rule 12(c), Fed.R.Civ.P. For the reasons
set forth below, AMIC's motion is granted and FOWAD's motion is
granted in part. Background
On September 30, 2003, pro se plaintiff Mohamed Ali Abdrabo
("Abdrabo") filed a complaint against the New York State Workers'
Compensation Board ("WCB"), FOWAD, and AMIC. On December 12,
defendant WCB filed a motion to dismiss the claims filed against
it on the grounds that the WCB was immune from suit in federal
court under the Eleventh Amendment and that plaintiff failed to
state a claim against it. At an initial conference on January 22,
2004, WCB's motion to dismiss was granted. On February 24, both
AMIC and FOWAD filed motions for judgment on the
Abdrabo's complaint states that he was employed as a security
guard by FOWAD at its store located at 2554 Broadway, New York,
New York, during the period January 1, 1992 through December 21,
1998. In April 1994, Abdrabo developed a left inguinal scrotal
hernia while lifting a heavy box at work. Plaintiff immediately
notified FOWAD of his injury. After the hernia became enlarged in
1995, plaintiff went to Roosevelt Hospital and his injury was
diagnosed. Plaintiff continued to work at FOWAD until December
21, 1998, at which time he went to Roosevelt Hospital and was
referred to a specialist for surgery.
After FOWAD refused to execute the necessary documentation for
payment of plaintiff's surgery, plaintiff consulted an attorney
and filed a worker's compensation claim with the WCB in or around January 1999. In this claim, AMIC was identified as the
workers' compensation carrier for FOWAD. Plaintiff was
hospitalized due to a strangulation of his hernia from July 29 to
August 3, 1999.
In March 2000, a WCB judge found that plaintiff's worker's
compensation claim was untimely filed. Plaintiff again consulted
with his lawyer and decided to appeal WCB's decision. Abdrabo's
attorney, however, filed an untimely appeal, 75 days after the
WCB decision, rather than within the thirty day appeal period.
The WCB's three member Appeals Board denied the appeal as
Plaintiff made several efforts to re-open his case with the
WCB, contending that his injury was a repetitive trauma which
developed over the course of his employment and thus was not
time-barred. On April 24, 2002, the WCB issued an Amended
Memorandum of Decision which upheld the earlier denial of
plaintiff's worker's compensation claim as untimely and provided
a detailed explanation of the basis for the ruling.
Abdrabo has also brought at least six actions, each for no more
than $3,000.00, for non-payment of wages and benefits in New York
County Civil Court Small Claims Part.*fn2 The first claim,
Index No. 1442/2001, was for FOWAD's alleged deduction of
Abdrabo's salary when he took lunch breaks. This action resulted
in a stipulation of settlement between the parties on April 17, 2001, wherein FOWAD paid Abdrabo $1,500.00.
The second claim, Index No. 4301/2001, was for instances in
which the defendant allegedly deducted money from Abdrabo's pay
for the purposes of paying Abdrabo's income tax. This action
resulted in a default judgment against FOWAD for $3,712.50 issued
on August 29, 2001.
The third claim, Index No. 5863/2001,*fn3 was for pay that
FOWAD owed Abdrabo for days in which Abdrabo was told not to come
into work because of inclement weather. This action resulted in a
default judgment against FOWAD for $3,825.00 issued on February
2, 2002.
The resolution of the remaining three claims is not clear from
the parties' submissions. The fourth claim, Index No. 1249/2002,
sought the remaining damages of the first claim on the ground
that Abdrabo had been tricked into settling the first claim for
less than the full amount of the claim. The fifth claim, Index
No. 1692/2002, was for failure to pay Abdrabo a promised bonus.
The sixth claim, Index No. 2533/2002, was for money Mr. Fouad
Mohamed Al Eshmawi ("Al Eshmawi"), the alleged owner and manager
of FOWAD, took out of Abdrabo's salary in order to make a
contribution to Al Eshmawi's mosque.
FOWAD eventually moved to vacate an unspecified number of the
default judgments entered against it in New York County Court. In
a September 17, 2002 Decision/Order ("Decision/Order") relating to Index No. 5863/2001, the New York County Court
apparently consolidated several of Abdrabo's other claims and
vacated certain of the default judgments. The parties'
submissions do not describe precisely which of Abdrabo's claims
the New York County Court consolidated and which default
judgments were vacated. The only document submitted to this Court
relating to claims adjudicated by the Decision/Order was an
incomplete copy of the one-page, handwritten decision.*fn4
The Decision/Order, however, dismissed with prejudice Abdrabo's
claim(s) stating that his claims for unpaid benefits or wages
arising out his employment with FOWAD were "settled or are
barred." There is no evidence of any appeal from that ruling.
Allegations against Fowad and AMIC
Abdrabo's complaint lists five causes of action against the
three named defendants. The complaint centers on the alleged
wrongdoing on the part of the WCB and Abdrabo's lawyer in the
proceedings before the WCB. With respect to AMIC, Abdrabo claims
that it conspired with the WCB to deny him compensation. Abdrabo
also seems to allege that AMIC was obligated to provide him with
temporary compensatory benefits after he filed his claim with the
WCB regardless of whether the WCB ultimately awarded him damages.
Lastly, Abdrabo claims that AMIC is jointly liable for the
damages he seeks against all parties. With respect to FOWAD, Abdrabo's claims can be characterized as
a failure to pay wages and benefits. More specifically, Abdrabo
contends that FOWAD, through the actions of its owner and
manager, Al Eshmawi, violated the Fair Labor Standards Act
("FLSA")*fn5 by forcing him to work seven days a week, ten
hours a day, with no allotment of sick or vacation days, and that
FOWAD failed to pay Abdrabo his agreed upon salary, and failed to
pay him the minimum wage and overtime. Abdrabo also contends that
FOWAD, through the actions of Al Eshmawi, promised to pay for his
hernia operation and actively encouraged him to lie to the
hospital about his personal information and employment status. In
addition, Abdrabo's complaint could be read as having alleged a
Title VII claim, 42 U.S.C. § 2000(e), against FOWAD and AMIC as
there are non-specific allegations that he was discriminated
against because he practices the Muslim faith.
In their motions for judgment on the pleadings, both AMIC and
FOWAD argue that to the extent that Abdrabo seeks to hold them
liable for violations of his civil rights arising out of the WCB
proceedings, they are immune to such a claim because they are not
state entities. AMIC further argues that the Rooker-Feldman
doctrine denies the Court subject matter jurisdiction to address
Abdrabo's attempt to hold AMIC liable for the alleged errors in
the WCB proceedings. For its part, FOWAD argues that it is not liable for Abdrabo's claims for back wages and benefits under the
principles of res judicata FOWAD had reached a settlement with
Abdrabo which it paid and a state court has ruled on Abdrabo's
claims for back wages and benefits.
The standard for evaluating a motion for judgment on the
pleadings under Rule 12(c), Fed.R. Civ. P., is the same as that
under Rule 12(b)(6), Fed.R.Civ.P. Patel v. Contemporary
Classics of Beverly Hills, 259 F.3d 123, 126 (2d Cir. 2001).
When considering a motion to dismiss, a court must take all facts
alleged in the complaint as true and draw all reasonable
inferences in favor of the plaintiff. Securities Investor
Protection Corp. v. BDO Seidman, LLP, 222 F.3d 63, 68 (2d Cir.
2000); Jaghory v. New York State Department of Education,
131 F.3d 326, 329 (2d Cir. 1997). "Dismissal is inappropriate unless
it appears beyond doubt that the plaintiff can prove no set of
facts which would entitle him to relief." Raila v. United
States, 355 F.3d 118, 119 (2d Cir. 2004); Securities Investor
Protection Corp., LLP, 222 F.3d at 68. Where, as here, a
plaintiff is proceeding pro se, the court has an obligation to
"construe [the] pleadings broadly, and interpret them to raise
the strongest arguments they suggest." Cruz v. Gomez,
202 F.3d 593, 597 (2d Cir. 2000) (citation omitted); see also Cuoco v.
Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000).
Abdrabo's claims are governed by the pleading standard set forth in Rule 8(a), Fed.R.Civ.P. Under Rule 8(a), a
complaint adequately states a claim when it contains "a short and
plain statement of the claim showing that the pleader is entitled
to relief." Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512
(2002) (citing Rule 8(a)(2), Fed.R. Civ. P). Thus, under
Rule 8(a)'s liberal pleading standard, a complaint is sufficient if
it gives "fair notice of what the plaintiff's claim is and the
grounds upon which it rests." Id. (citation omitted). See
also Phelps v. Kapnolas, 308 F.3d 180, 186 (2d Cir. 2002).
"Consideration is limited to the facts alleged in the complaint
and any documents attached to the complaint or incorporated by
reference." Rombach v. Chang, 355 F.3d 164, 169 (2d Cir. 2004).
Section 1983
To the extent that plaintiff claims that the proceedings of the
WCB violated his civil rights under 42 U.S.C. § 1983, there is no
basis for such a claim against defendants FOWAD or AMIC. In order
to state a claim under Section 1983, a plaintiff must allege that
he was injured by "either a state actor or a private party acting
under color of state law," Ciambriello v. County of Nassau,
292 F.3d 307, 323 (2d Cir. 2002), and that such conduct deprived him
of a right, privilege, or immunity secured by the Constitution or
laws of the United States, Dwares v. City of New York,
985 F.2d 94, 98 (2d Cir. 1993). "To state a claim against a private entity
on a section 1983 conspiracy theory, the complaint must allege
facts demonstrating that the private entity acted in concert with the state actor to commit an
unconstitutional act." Ciambriello, 292 F.3d at 324 (citation
A private entity's conduct can fairly be attributable to the
state "only if there is such a close nexus between the State and
the challenged action that seemingly private behavior may be
fairly treated as that of the State itself." Tancredi v.
Metropolitan Life Ins. Co., 316 F.3d 308, 312 (2d Cir. 2003)
(citation omitted). A close nexus may be found
[W]here the State exercises `coercive power' over, is
`entwined in [the] management or control' of, or
provides `significant encouragement, either overt or
covert" to, a private actor, or where the private
actor "operates as a willful participant in joint
activity with the State or its agents,' is
`controlled by an agency of the State,' has been
delegated a `public function' by the state, or is
`entwined with governmental policies.'
Abdrabo has not adequately alleged that AMIC or FOWAD acted
under the color of state law or that there was a close nexus
between AMIC or FOWAD and the WCB.*fn6 In addition, to the
extent that Abdrabo's complaint can be construed as having
alleged that AMIC was compelled to pay him workers compensation
benefits before the WCB made a decision about his claim, he has
identified no state or federal law or pointed to any AMIC
contractual obligation that require such payments. Title VII
Abdrabo's complaint may be read to claim that AMIC and FOWAD
violated Title VII by discriminating against him because of his
religious beliefs. Title VII provides, in relevant part, that
[i]t shall be unlawful for an employer . . . to
discriminate against any individual with respect to
his compensation, terms, conditions, or privileges of
employment, because of the individual's race, color,
religion, sex, or national origin."
Abdrabo's Title VII claim against AMIC must fail because AMIC
did not "employ" Abdrabo. The apparent Title VII claim against
FOWAD, however, cannot be dismissed at this stage. Promissory Estoppel
Abdrabo's claims that FOWAD, through the words and deeds of Al
Eshmawi, promised and then failed to pay him for certain
benefits, particularly the medical care for his hernia. Under New
York law, which governs this claim, a plaintiff must prove three
elements to succeed on a claim of promissory estoppel: "(1) a
clear and unambiguous promise, (2) reasonable and foreseeable
reliance by the promisee, and (3) unconscionable injury to the
relying party as a result of the reliance." Readco, Inc. v.
Marine Midland Bank, 81 F.3d 295, 301 (2d Cir. 1996). See also
Devlin v. Empire Blue Cross and Blue Shield, 274 F.3d 76, 84 n.
5, 85 (2d Cir. 2001). Abdrabo has adequately alleged the elements
of promissory estoppel regarding FOWAD's promise and subsequent
failure to pay for Abdrabo's hernia operation and related
Fair Labor Standards Act
Abdrabo has alleged that FOWAD failed to pay him a minimum wage
and overtime as required by the FLSA. In addition, Abdrabo claims
that FOWAD failed to maintain and preserve payroll records as
required by regulations promulgated by the Secretary of Labor
under the FLSA. See 29 C.F.R. § 516.2. The minimum wage
provision of the FLSA states, in pertinent part:
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the
production of goods for commerce, or is employed in
an enterprise engaged in commerce or in the
production of good for commerce, wages at the
following rates: (1) except as otherwise provided in
this section, not less than $4.25 an hour during the
period ending on September 30, 1996, not less than
$4.75 an hour during the year beginning on October 1,
1996, and not less than $5.15 an hour beginning
September 1, 1997.
no employer shall employ any of his employees . . .
for a workweek longer than forty hours unless such
employee receives compensation for his employment in
excess of the hours above specified at a rate not
less than one and one-half times the regular rate at
which he is employed.
Abdrabo has stated a claim under the FLSA. While FOWAD argues
that Abdrabo's FLSA claims are prohibited under the principles of
res judicata, it does not appear from the parties' submissions
that Abdrabo's state law claims sought relief based on the same
alleged misdeeds as he asserts here failure to pay a minimum
wage and overtime, and to maintain payroll records. Furthermore,
in its conclusory assertion of res judicata, FOWAD has failed to
provide adequate documents and information needed to more fully
address its contention that res judicata bars Abdrabo's FLSA
claims.*fn8 Conclusion
The motion for judgment on the pleadings by the American
Motorist Insurance, Co. is granted. AMIC shall be dismissed from
this action. The motion for judgment on the pleadings by FOWAD
Trading Co, Inc. is granted in part and denied in part.
Plaintiff's Title VII, FLSA, and promissory estoppel claims
against FOWAD shall proceed.
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The Rise of Urban Fiction
« Back to Independent Articles
Black urban fiction has been
around for the last three or four years, as W. Paul Coates observes. But lately
it's started to hit the mainstream. Coates, who is the director of Black
Classic Press and a PMA board member, has watched as self-published fiction
marketed solely by word of mouth and sold on street corners in minority
neighborhoods began selling enough copies to attract the attention of big book
publishers, which are now busily signing on urban fiction writers and picking
up rights from smaller publishers of books in the genre.
The label black urban
fiction—also known as street, hip-hop, ghetto lit, or ghetto
fiction—is ascribed to the subset of black fiction associated with the
streets. Don't think Toni Morrison's Beloved, Terry McMillan's Waiting to Exhale,
or Alice Walker's Color
Purple. Instead, think of the literary equivalent of rap or
Last year, Simon & Schuster
reportedly signed two prominent writers of the genre—Vickie Stringer and
Shannon Holmes—to "six-figure" deals, according to an article posted on
Stringer and Shannon's Triple Crown Publishing site. In August of this year,
St. Martin's published Hoodlum
by K'wan Foye under its Griffin imprint. And at this writing, Barnes &
Noble has reported that sales of black fiction, and particularly black urban
fiction, are up.
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text:
I want to wear it and I love you.
Face Tags
This lovely lady's skirt brings the pin-up rodeo to an early morning PATH ride
This guy keeps letting his bull dog hump his arm. I'm not kidding. I'm so disturbed.
I bought hot pink woven earrings made by women who survived the rawandan genocide. Got them at an earth day fair.
And the Ugliest Shoe of the Day award goes to... ::tearing open envelope:: These hideous sequined things for $89!
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Those are pants. Not good. She was also wearing them with a pinstripe blazer and a teal scrunchie. Not good.
@TheSweetTweet I found some boots that are perfect for you, sweet thang!
Isabella Blow and Bianca Jagger hang out in my room. It's a party in here.
My life philosophy on a pillow.
Pretty pepto-colored paint spill=pretty pepto-colored permanent foot prints. You look pretty, sidewalk!
Everytime I walk out my door I have a moment with The King.
My razzledazzle'em sparkle shirt which has been worn both to a gay bar and a bat mtzvah. Gay bat mitzvah is next!
People who need people tweet. Streisand and a rose in my room make my Twittelator debut super fantastic!
Smile! You're on candid Twitter!
Bjork vanity plate. ?
Facebook is evil for constantly flashing this in my sidebar. Somebody stop them.
Mannequin heads in New York City are my latest obsession.
©2016 Twitpic Inc, All Rights Reserved


text:
wreckernoun [ C ]uk /ˈrek.ər/ us /ˈrek.ɚ/ US
› a tow truck
Thesaurus: synonyms and related words
(Definition of "wrecker" from the Cambridge Advanced Learner's Dictionary & Thesaurus © Cambridge University Press)
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More meanings of "wrecker"
Word of the Day
an animal that is kept in the home as a companion and treated kindly


text:
It's hard for anyone to find the motivation to work out, and gamers have an especially tough time getting off the couch and being active. However, the addition of motion-controlled gaming to home video game consoles finally has gamers up and moving again. While all motion controlled games burn calories, this list focuses on the ones that will work you into a sweat. If you're looking to drop weight or even gain a bit of muscle tone, you should definitely look into these games.
In the number 10 slot is Wii Fit, which is an excellent starting point for someone that is extremely out of shape or has never worked out before. This game focuses on balance and/or strength training to burn calories and build muscles. More experienced people will find the workouts a bit too easy, but anyone can enjoy this simple game.


text:
Man faces fourth DWI chargeJuly 01,2013Man faces fourth
DWI charge
LONDONDERRY A local man is facing his fourth drunken driving charge following a traffic stop Thursday night.
Shortly before 8 p.m., police stopped Raymond W. White Jr., 28, of Londonderry, for what police called numerous motor vehicle infractions as White drove along Route 11.
When police spoke with White, he allegedly gave police a false name.
Police charged White with drunken driving, fourth offense, as well as a charge of providing false information to a police officer. He is scheduled to answer those charges Aug. 13 in Brattleboro criminal court.MORE IN This Just InMONTPELIER A new report from a commission that studied the cost, availability and quality of... Full StoryVermont fish hatchery changes focus, looks inland
BETHEL, Vt. Full StoryHONOLULU (AP) A group of Hawaii musicians and a Hawaiian Airlines flight attendant provided... Full Story
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With Instructables you can share what you make with the world, and tap into an ever-growing community of creative experts.
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LEDs and Lighting Class
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This project was a basic thing however fun to do thank you . I only made one change I made six dice so you can have even more game options .
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Care Coordination Forum Inspires Change
Our statewide Care Coordination Forum: Transforming Children's Healthcare in Our Communities was a first of its kind initiative to enhance awareness about the importance of connecting children and families to programs and services that can improve their lives. Read more »
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Hays Flywheel Insert 76-200
Replacement - Steel - 11 in.
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text:
A Maserati is recognisable by its engine sound: the Ghibli Diesel's strong sporty nature is strongly conveyed in this department thanks to the introduction of the new Maserati Active Sound system. Two sound actuators, fitted near the exhaust tailpipes, enhance the engine's most attractive sounds. When the driver presses the Sport button on the central tunnel, this roar becomes even more vocal and thrilling.
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text:
Watch Milo Ventimiglia and Ellen DeGeneres re-create 'This Is Us' push-up scene
If "This Is Us" had you in tears with last week's poignant father-son push-up scene (because ... obviously), then you need to watch this!
If "This Is Us" had you in tears with last week's poignant father-son push-up scene (because ... obviously), then you need to watch this!
If you're happy and you know it, express it with care.
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Clay Bennett by Clay Bennett
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Comments (12) (Please sign in to comment)
He wants to see what a job creator looks like.
Can we get a rim shot here?
It is time for Independents, Moderate Republicans, and Moderate Democrats to get together and form the G.R.I.P. party- Grass Roots Independent Pragmatists party.
When Puerto Rico becomes a State, reorganize the Senate into: One seat for every state & proportion 51 seats to the national parties based on voter registration.
Coalitions will become the norm in politics.
No one party can dominate.
Extremism will lose power.
What a nice dream
While you're at it, divvy up Texas into 4 states and California into 2.
Dubya was not elected, never mind reelected. I could see that, and I'm not even black.
We have to—unlike some in the Congressional Black Caucus that claimed Bush was not their President when he was reeelcted.
So they acted just as some "conservatives" did when they declared Obama wasn't their President?
Republicans live in an alternative universe. For them vampires really do exist. It's evolution that doesn't.
Ah, the empty suit.
How come "Republicans" and there demand that all property be private property, with no "public" or "government" land or property, appeals to so many without a pot to "pea" in??
"…Senate into: One seat for every state & proportion 51 seats to the national parties based on voter registration…"
That is a little fuzzy. It might be more realistic to leave the Senate alone and start by having all Representative to the House run "at large" within each State. Each political party would supply a list of who they would send to Congress and get to send a number proportional to the vote (for the party) in their State. The total from each State would stay as it is now, determined by the States population. This would mean that if 10% of the people in Texas voted Libertarian, 10% of the Representatives from Texas would be Libertarian.(etc.)
Add a minimum five or six percent barrier and you really would have coalitions.
Oh, and don't hold your breath waiting for Puerto Rico to become a State.
That sums up your place in the world, Ima – you are here to provide comic relief. Unfortunately, you are seldom funny.
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Each year, NebraskaLand National Bank employees nominate organizations to receive monetary donations contributed by the bank employees.
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April 6, 1987
506 N.E.2d 975, 154 Ill. App. 3d 174, 107 Ill. Dec. 84 1987.IL.444
Appeal from the Circuit Court of La Salle County; the Hon. William P. Denny, Judge, presiding.
APPELLATE Judges:
JUSTICE STOUDER delivered the opinion of the court. HEIPLE and WOMBACHER, JJ., concur.
Plaintiff-appellant, Randall Rowe (Rowe), filed a multi-count complaint against the defendant-appellee, Illinois Power Company (Illinois Power), alleging negligence, wilful and wanton conduct, strict liability, and violations of the Illinois Structural Work Act (Ill. Rev. Stat. 1981, ch. 48, par. 60 et seq.), the Illinois Public Utilities Act (Ill. Rev. Stat. 1981, ch. 111 2/3, par. 1 et seq.), and rules of the Illinois Commerce Commission. The circuit court of La Salle County dismissed the Structural Work Act and strict liability counts for failure to state a cause of action and, following the close of the plaintiff's case as to the remaining counts, the court directed a verdict in favor of the defendant and against the plaintiff. This appeal follows as to all counts except the product liability count, which has not been appealed.
Rowe, together with two other individuals, purchased a warehouse building in Marseilles. During the morning of October 1, 1979, Rowe telephoned the Ottawa office of Illinois Power and informed an employee that he had purchased the building and that he wanted to know how to go about obtaining electrical service for it. He was told he needed to fill out a credit application at the company's Ottawa office and that the company needed a service number from the building. The next morning, Rowe went to the building but was unable to locate a service number. Later that same morning, Rowe visited the Ottawa office of Illinois Power, where he talked with a customer service representative, Janet Anderson. Rowe told Anderson there was no electric meter at the building and the cutoffs at the top of the utility pole feeding into the building were open. After checking computer records using information supplied by Rowe, Anderson indicated she would need additional information to tell exactly what the current status of the electrical supply to the building was and stated that if Rowe did not have a service number she would have to send someone out to check for one.
After leaving this office, Rowe called Illinois Power's La Salle office, but no one could be of assistance to him at that time. He subsequently received a call from an employee at the La Salle office who indicated he had contacted another company employee in Marseilles who was instructed to meet Rowe at the building after lunch that same day. Rowe and three other men arrived at the building at approximately 12:30 p.m. Upon arrival, Rowe checked the fuse boxes inside the building, found the fuses to be intact and drew the Conclusion there was no power being supplied to the building.
Rowe subsequently secured a roller ladder, moved it to the outside of the building and climbed onto the roof of the shorter of two adjacent buildings near a utility pole owned by Illinois Power. Located on the pole was a platform large enough for a man to stand on. He noticed numbers affixed to both the pole and certain transformers located on it. Rowe decided to climb the pole in order to secure the numbers so as to inform Illinois Power of them. While he was on the pole he noticed there were fuse switches which were open. He hit the open switch, intending to close it, to see whether or not it would supply electricity to the building. The closure of the switch did, in fact, energize the building and while attempting to descend the pole, Rowe came into proximity with newly energized power lines at the top of the pole, causing a flashing of light and explosion. Rowe was then thrown through the air, landing face down on the roof of the small building. As a result of the occurrence, Rowe received permanent injuries including the loss of a kidney, his spleen, his right large toe, and two toes on his left foot.
Thereafter, Rowe filed a five-count complaint against Illinois Power. Count I alleged Illinois Power was negligent in (1) maintaining its electrical distribution system; (2) failing to properly maintain its records; and (3) instructing Rowe to check and examine electrical fuses and search for an identification number near a known danger. Count II was based upon violations of the Public Utilities Act and rules and regulations of the Illinois Commerce Commission. Count III was based upon the theory of willful and wanton violation on the part of Illinois Power (1) in the maintenance of its electrical distribution system, (2) in its failure to maintain proper record keeping and (3) in its instructions to Rowe. Count IV was based upon violations of the Structural Work Act. Finally, count V was based upon the theory of product liability.
The trial court dismissed the Structural Work Act and product liability counts for failure to state a cause of action. The matter proceeded to trial and, following the close of Rowe's case in chief, the court directed a verdict as to the remaining counts in favor of Illinois Power and against Rowe. In so ruling, the court indicated Illinois Power owed no duty to Rowe because the occurrence was unforeseeable. We affirm.
We first address the issue of whether the trial court erred in directing a verdict in favor of Illinois Power and against Rowe as to counts I, II and III of Rowe's complaint. A trial Judge may direct a verdict only in those cases in which all of the evidence, when viewed in its aspect most favorable to the opponent, so overwhelmingly favors the movant that no contrary verdict based on such evidence could ever stand. (Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill. 2d 494, 510, 229 N.E.2d 504.)
At trial, plaintiff set forth three theories which were decided against him, namely, common law negligence, willful and wanton conduct, and violations of the Public Utilities Act. A plaintiff is entitled to recover only by proving each element of a negligence action, to wit: (1) the existence of a duty owed by the defendant to the plaintiff; (2) a breach of that duty; and (3) an injury proximately resulting from the breach. (Neering v. Illinois Central R.R. Co. (1943), 383 Ill. 366, 50 N.E.2d 497.) A plaintiff's failure to prove any one of these necessary elements authorizes a directed verdict for the defendant. (May v. Illinois Power Co. (1951), 342 Ill. App. 370, 96 N.E.2d 631.) The determination of a legal duty is a question of law to be determined by the trial court. (Barnes v. Washington (1973), 56 Ill. 2d 22, 305 N.E.2d 535.) In order for a legal duty to exist upon which to predicate liability, the existence must be reasonably foreseeable. Clinton v. Commonwealth Edison Co. (1976), 36 Ill. App. 3d 1064, 344 N.E.2d 509.
Evidence most favorable to Rowe indicates he was asked to locate a service number. We cannot say that it is reasonably foreseeable for anyone at Illinois Power to believe Rowe would climb a utility pole to locate such a number. Additionally, the last communication or, if you will, instruction, from Illinois Power to Rowe was that an employee would come to the building to locate the number. Therefore, we believe the trial court correctly directed a verdict as to the negligence and willful and wanton counts.
Next we must consider the count alleging a violation of the Public Utilities Act. Ordinarily, a defendant's violation of a statute designed to protect human life or property is prima facie evidence of negligence. (Davis v. Marathon Oil Co. (1976), 64 Ill. 2d 380, 356 N.E.2d 93.) In order to recover, plaintiff must show that the violation of the statute proximately caused his injury and that the statute was intended to protect a class to which the plaintiff belongs from the kind of injury he suffered. (Ney v. Yellow Cab Co. (1954), 2 Ill. 2d 74, 117 N.E.2d 74.) Since the violation is only prima facie evidence of negligence, defendant may prevail by showing that it acted reasonably under the circumstances. (Johnson v. Pendergast (1923), 308 Ill. 255, 139 N.E. 407.) We do not believe the proximate cause of Rowe's injuries was the result of any alleged violation of the statute and accordingly agree with the directed verdict as to this count.
Finally, Rowe contends the trial court erred in dismissing the Structural Work Act violation count. Rowe alleged in his complaint that Illinois Power (1) willfully failed to provide the scaffold with guards to isolate it from current-carrying parts of electrical supply lines; and (2) wilfully failed to provide guards to isolate the means of ascent and descent from the scaffold from current-carrying parts of electrical lines.
A cause of action will not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the plaintiff to recover. (Louis v. Barenfanger (1967), 81 Ill. App. 2d 104, 226 N.E.2d 85.) The Structural Work Act provides, inter alia, that the party seeking to be covered under the Act must show he was employed in, or passing under or by, a structural activity. (Ill. Rev. Stat. 1985, ch. 48, par. 60.) It is obvious from the facts of this case that Rowe is not a party who may enjoy the benefits of this statute, and we decline to disturb the trial court's decision dismissing this count of the complaint for failing to state a cause of action.
For the foregoing reasons, the judgment of the circuit court of La Salle County is affirmed.
Judgment affirmed.
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Bring your loving touches to this 3 bedroom, 2.5 bath colonial in the desirable Willow Ridge community. An oversized tiered deck overlooks a large fenced lot with storage shed, playscape and plenty of grassy area to enjoy. Inside you'll find a foyer with hardwood flooring, formal Living and Dining Rooms, a spacious eat in Kitchen with tiled floor, new ss dishwasher,that opens to a Family Room with beamed ceiling and brick fireplace. From there French doors lead to a Sunroom with vaulted ceiling and new Andersen sliding doors to the deck. A Powder Room and Laundry Room complete the main level. Upstairs you will find 2 all new tiled baths and a new tub in the main bath. Upgrades include new vinyl tilt out window in Dining Room, Andersen window and sliding door, newer heat and air.
Listing Area: Evesham Twp
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DoorKandy's Profile
Welcome to DoorKandy! I have been crafting and having fun creating my whimsical and colorful wreaths for family, friends, and neighbors.....now I'm making them available for you to enjoy too.
Custom orders available. You may choose the colors for a special occasion, holiday, event, or even maybe for a special interest. Just convo me with your idea.
Door Kandy Wreaths.....your door deserves a treat too.
- Female
- Joined January 28, 2011


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Antique Ornate Gold Signet Ring Wedding Band Victorian
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Directory: Estate Jewelry: Gold: Victorian: Pre 1900: Item # 1316011
Directory: Estate Jewelry: Gold: Victorian: Pre 1900: Item # 1316011
Please refer to our stock # aawsom004141 when inquiring.
Aawsomblei Antique and Vintage Jewelry
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A Wonderful Classic Antique Ornate Gold Signet Ring, Victorian Era. This lovely antique ring has the most beautiful antique look and feel. The ring dates to the Victorian 19th Century period. The ring has lovely initial work on the top and ornate ornamentation on the sides. Overall the ring measures about 1/2 inch long by about 3/4 inch wide from side to side. Ring Size: about 7 3/4 (could be resized by your jeweler or ask me about using mine before shipping). This is an original antique piece and is in lovely vintage condition with original finish. A few scratches on the center mentioned for accuracy and could be polished out by a jeweler if so desired.


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Gold has corrected by 17% after peaking out at $1,895 in September 2011. Notable investors like George Soros, Julian Robertson and Allianz's PIMCO have turned bearish on the precious metal and reduced their stakes in gold. Amidst this bearishness, I would like to discuss the reasons for holding on to gold for long-term and using the current correction as a buying opportunity.
29 hyperinflations in the last 100 years
Policymakers tend to repeat the same mistakes again and again. In the last 100 years, there have been 29 instances of hyperinflation. More importantly, paper money has turned worthless in each of these instances.
In the current scenario, phases of financial repression, inflation and hyperinflation are very likely with government debt in advanced economies at record high levels. It is therefore advisable to have gold as an integral part of one's portfolio. The precious metal can be viewed more as a safe currency than as an investment. Even if paper money goes worthless, gold still has value.
Gold is under owned
Contrary to the argument that gold is a bubble, I would like to point out that gold is an under owned asset. A bubble is characterized by irrational exuberance and broad ownership. This characteristic might hold true for government bonds. The chart below gives the outstanding amount of marketable potentially safe assets. Gold constitutes only 11% of the outstanding amount of marketable potentially safe assets. This data certainly does not suggest that gold is a bubble. Instead, investors need to be wary of the government bond bubble and avoid long-term dated government bonds.
Gold is undervalued
Contrary to arguments that gold is a bubble, I would like to argue that gold is undervalued relative to other asset classes and in relation to the monetary expansion in the financial system. The chart below gives the increase in debt and asset class prices from 1980.
In a financial system where debt is money, the increase in debt can be used as a proxy for measuring the expansion in money supply in the economic system. Very clearly, gold is undervalued when compared to the increase in government debt and total credit market debt. At the same time, the increase in gold prices has been moderate when compared to the S&P 500 index. This factor, coupled with the under ownership of gold does suggest that gold is not in a bubble. Rather, the current correction in the precious metal makes gold attractively priced.
Fiat money printers are buying gold
According to the February 14, 2013 report on gold demand trends by the World Gold Council -
The fourth quarter saw 145.0t of buying by central banks across the globe, the second highest since the sector became a source of demand in Q2 2009. The annual total of 534.6t represented the greatest level of demand since 1964 as the net of central banks adding to their gold reserves was cast wider, reaching Brazil, Paraguay, Iraq and Venezuela.
The biggest annual demand for gold by central banks in nearly 50 years is just the beginning of the demand coming from central banks. More importantly, it is surprising to see central banks mopping up gold and wanting individuals to keep trusting paper money. I am also of the opinion that this is just the beginning of the demand for gold coming from central banks. The chart below underscores my point.
With a low proportion of gold holdings as a percentage of reserves, the continued demand from central banks will result in surging gold prices. Another important point to note is that the amount of currency backed by gold was 11.5% in 1Q07. This has steadily increased to 16.0% as of 3Q12. The same is evident in the chart below.
Clearly, central banks are buying more and more of gold along with their swelling currency reserves. This trend is bullish for gold in the long-term.
High geopolitical tensions
Geopolitical tension is escalating globally and gold is a good asset to hold in times of war and conflict. I am not trying to paint a scary scenario for investors. However, a 15-20% portfolio holding in gold makes sense as government spending goes through the roof at times of conflict. Speaking of wars and conflicts, the global currency war is also gold's friend as countries try to devalue their currency in order to increase competitiveness and boost asset valuations.
Prolonged sluggish economic growth
Economic growth in the US and the Euro zone is expected to remain sluggish for a prolonged period as the Western World recovers from the worst financial crisis since the Great Depression of the 1929. With high level of unemployment, slow job creation and overleveraged consumers, government support will be needed to aid economic growth. High deficits are gold price friendly as governments continue to print money to finance their deficits and keep the economy going. Just as an example, the CBO projects deficits of nearly $10 trillion for the US over the next ten years. This would be negative for the currency and positive for gold.
All these factors combined make a strong case for another decade of the bull market for gold. I would personally look to accumulate physical gold, gold ETFs and gold stock in my portfolio on every correction in the precious metal.
Gold ETFs are a good option for near to medium-term, and investors can consider exposure to the SPDR Gold Shares (NYSEARCA:GLD) ETF. The investment seeks to replicate the performance, net of expenses, of the price of gold bullion.
Investment in gold mining companies is also a good option at a time when gold prices are expected to trend higher and gold mining companies will make significant operating level profits.
The Market Vectors Gold Miners ETF (NYSEARCA:GDX) is a good investment option for long-term. The ETF seeks to replicate as closely as possible, before fees and expenses, the price and yield performance of the NYSE Arca Gold Miners Index.
The Market Vectors Junior Gold Miners ETF (NYSEARCA:GDXJ) is another excellent long-term investment option in my opinion. The ETF seeks to replicate, net of expenses, the Market Vectors Junior Gold Miners index. The index tracks the overall performance of foreign and domestic publicly traded companies of small- and medium-capitalization that are involved primarily in the mining for gold and/or silver. Therefore, the risk related to exposure to GDXJ would be relatively higher as compared to GDX.
Disclosure: I have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours. I own physical gold and intend to buy more on any further decline in gold prices. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.


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Having unnecessary fat in various areas of your body can have a considerable influence on your health and self-esteem. While standard weight-loss through exercise and diet plan is a great method to slim down overall, even the best workouts cannot target issue locations like the stomach, inner thighs, arms, and butts. Liposuction is a time evaluated treatment that is utilized to remove excess fat from specific locations of the body, permitting a specific to form and contour their body to their preference. Is liposuction right for you? Find out now.
Pros of Liposuction
There are lots of advantages to this cosmetic treatment, including:
• Instantly noticeable changes. Unlike standard weight loss, liposuction creates modifications that are immediately visible in the body. Some distinction is obvious right away, and the desired outcomes are usually achieved in just a couple of days.
• Proven and safe. This cosmetic procedure has actually been carried out by seasoned surgeons all over the world for years and the technique has actually been improved over and again to be safe and efficient.
• Recovery time is typically fast. The downtime required after having this kind of treatment is generally much less than exactly what is required for other types of cosmetic procedures, including tummy tucks, breast reduction, and more. Individuals who have had the treatment can typically return to work much more quickly than they anticipated and can get back to living a healthy, active way of life.
• Weight reduction can be irreversible. With the right maintenance strategies, the fat that was eliminated during the liposuction procedure will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they wish to look, beyond exactly what standard diet plan and exercise can offer. Offering people this power over their bodies enhances self-confidence and assistance people feel their best.
While there are numerous benefits to liposuction, there are obviously a few cautions that should be taken into consideration prior to making the final decision to move on with the procedure.
Cons of Liposuction
Before having liposuction done, it's important to examine the potential drawbacks of the treatment and figure out if the advantages outweigh the threats in your particular case. Your specialist can assist you find out more about the threats connected with the treatment and can help you choose if progressing is the ideal thing for you.
• Problems with general anesthesia. Because liposuction is performed under general anesthesia, the treatment carries the very same risks as other kind of surgery where basic anesthesia is used. Hidden medical conditions might enhance these threats.
• Unfavorable reactions. Bruising, bleeding, and discomfort are all to be anticipated, however, in unusual cases can trigger more substantial complications.
• The possible to acquire the weight back. After having liposuction done, it is critical to preserve a healthy diet plan and exercise effectively as recommended by your doctor. Failure to do so might cause acquiring back the weight that was lost or perhaps a lot more.
Although there are risks related to liposuction, for many people, the benefits far surpass them. Inform yourself about the procedure by having extensive conversations with your specialist and think about how liposuction has the prospective to affect you as an unique individual. Just you and your surgeon can identify if liposuction will supply you with the results you are trying to find within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Freedom CA
Laser liposuction is a newer, minimally intrusive treatment that involves heating the fat cells to melting point and removing the melted fat through a little cannula. The treatment is usually done right in your doctor's workplace and is an exceptional option for people who have less than 500 ml of fat to get rid of from any one area. Laser liposuction can be a safe, complementary treatment to weight loss in order to shape the body you've always wanted.
Contact a Surgeon in your Freedom CA today.
If you're thinking about liposuction as a weight-loss solution, it's important that you discuss your desires with a qualified plastic surgeon in your location. Your specialist will carry out a complete test and health history survey to determine if liposuction can benefit you and assist you reach your physical and emotional objectives. Call today for an assessment and learn more about how liposuction can help you attain the body of your dreams.


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|Bon Bon Gluten Free Bakery has a kitchen that is dedicated to preparing only gluten free food. No products containing gluten are used in the kitchen. The Celiac Restaurant Guide encourages you to support Bon Bon Gluten Free Bakery and other gluten free facilities when you find them. If Celiacs support them more will open, and the ones that are here will continue to profit and operate in our cities.
Bon Bon Gluten Free Bakery
Being a mother who has to cook and bake strictly gluten free for my daughter, learned very quickly how expensive and not very tasteful a lot of the gluten free food is, out there to buy. I also learned that there has become a large demand for gluten free food.
Bon Bon's Bakery is based on the belief that our customers' needs are of the utmost importance. Our entire staff is committed to meeting those needs. Keeping with the rise in demand for gluten free food, Bon Bon's Bakery is here to help ease the mind of many who are forced to eat gluten free, but do not want to sacrifice the taste. We are a new small bakery with a big dream, which is to help and satisfy many.
Regardless if your gluten intolerance or have the celiac disease, you are forced to eat gluten free. Bon Bon's Bakery wants you to walk in our bakery and know that we are 100% gluten free, with out the sacrifice of taste.
Bon Bon Gluten Free Bakery 1298 Orchard Park Road, West Seneca, NY Ph:716-704-5993
Bon Bon's Website
|Enter Bon Bon's address into the Gluten Free Restaurant Locator to find this bakery or restaurants in the West Seneca area. West Seneca has a great selection of restaurants that serve gluten free food.


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kate spade new york® Gold-Tone Sun Kissed Sparkle Long Necklace
$61.79 Original Price $148.00
Savings: $86.21 (58%)
With the right amount of sparkle and shine, this sun-kissed necklace has a style that will brighten your outfit and day. The eye-catching look is appealing for any occasion.
- 36-in. L
- Lobster closure
- Polished finish
- Gold-tone metal, glass
- Imported
Shipping & Returns
Shipping your purchase is easy on belk.com. Depending on the destination of your package, you can expect it to arrive within 4-7 business days. Shipping Information
Returns are easy on belk.com. Easy returns


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Vietnamese Garlic Noodles with a Sous Vide Egg
Serves 3-4
Cook time: 1 hour sous vide
- 4 Eggs (Room Temp)
- 1lb Cooked Egg Noodles or Spaghetti
- 8 Garlic Cloves - Minced
- ¼ Cup Extra Virgin Olive Oil
- 4 Tablespoons Butter
- 1 Tablespoon Chicken Bouillon Powder
- 1 Tablespoon Oyster Sauce
- ¼ Cup Parsley - Chopped
- Parmesan Cheese
- Set Nomiku water bath and turn temperature to 64 °C (147.2 °F).
- Drop in room temperature eggs and sous vide for 1 hour.
- Boil egg noodles or spaghetti according to the package. Make sure it's al dente. Drain and rinse with cold water.
- In a medium saucepan on medium-high heat, add olive oil and butter. Sautee garlic and turn the heat to low after 2 minutes. Add chicken bouillon powder and oyster sauce – mix well. Toss in noodles and mix with chopsticks. Mix in chopped parsley.
- Remove eggs from water bath. Serve on top of plated noodles with sous vide egg and a sprinkle of parmesan cheese.


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Barberini Suites3
via del Tritone 102, Roma, 00187
Price FromView Rooms
This hotel doesn't have any reviews yet.
About the hotel
In the heart of Baroc Rome and it's great artists, between the Spanish steps, Trevi Fountain and Via Veneto, the Guest House "Barberini Suites" combines professionalism and traditional "roman hospitality" in an environment which is stylish and refined down to the smallest detail. Our building is located right in the centre and within minutes walk of the major monuments and artistic points of interest, close to all the most prestigious italian and international designer stores. Characteristically elegant with an air of exclusivity, featuring handcrafted cherry wood furniture, sumptuous fabrics and antique finishes, and impressive combination of colour and light.
Bathrooms are finished in a simple classic style. Our Suites contain every comfort and are the perfect option to soak up the atmosphere of the "Ëternal City", whether for the Business traveller or Romatic couple. Suite Carvaggio, Suite Michelangelo, Suite Raffaello, Suite Leonardo. . . . . . . . are inspired and styled to reflect the great Italian artists, this is reflected in their warmth and décor. There is an area to relax and reflect with lounge, cherry wood writing desk and LCD screen television. Breakfast is served in the room. All this will ensure that our guests have a experience they will never forget!
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Facilities Show/hide
- Main
- Hotel Non-Smoking Throughout, Air conditioning in rooms, 24 Hour Reception, Safety Deposit Box, Hairdryer in each room, Minibar in each room, Limited Hours Room Service, Lift to all floors
- Business
- Wi-Fi Available, Wi-Fi Available In Public Areas, Wi-Fi Available In Rooms
- In Room Entertainment
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- From 13:00 hours
- By 10:00 hours
- Up to 8 years old
- The LateRooms.com rate for Barberini Suites in Roma is the total price of the room and not the 'per person' rate. All taxes are included, with the exception of city tax, which will be charged at 2.00(EUR) per person per night and is payable to the hotel directly.
- Pets are not allowed
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Traditional country house with a lot of Majorcan charme
Renovated mansion in central location
Not far from Palma is this country hotel centrally located in the center of the island Majorca. From a former antique and traditional farm of the 19th century, a cozy hotel rural with 10 double rooms surrounded by the Majorcan nature was constructed. Some years ago, this property was enjoying a complete refurbishment and has been brought up to modern standards.
All 10 double rooms have a bathroom en suite and terrace, from which your guests can enjoy panoramic views over the Tramuntana mountains.
This country hotel offers a large and fully equipped industrial kitchen and a dining room, TV room, sun terraces in the garden and a lovely pool area.
The flair of the former farmhouse is preserved by the hotel's own organic vegetable garden, vines, olive groves and fruit trees.
Further information can be obtained by stating your full name, a postal address and telephone land line number. A property viewing is possible only upon furnishing a proof of solvency.