text:
Planning a trip to one of the best Paragliding Places in India - Bir Billing in Himachal Pradesh
18 comments:
- Nikhil said...
Thanks for the great Info.
Seems like a must visit place to me. :) :D
- May 1, 2014 at 11:18 AM
- VJ Sharma said...
Nikhil - It's must go region for sure. There is lot more in this part of Himachal Pradesh and one can easily plan 4-5 days trip around Dharmshala, Mcleodganj, Palampur, Baijnath, Jogindernagar, Bir Billing, Barot, Chautra etc.
Feel free to get back, in case you need some specific details about any of these places. Would love to share more..
- May 1, 2014 at 11:23 AM
- Panki soood said...
This is one of the best Photography blog on Bir Billing .
Each pic is having a Aroma of this beautiful place .....
- May 1, 2014 at 11:31 AM
- VJ Sharma said...
Panki, Such comment coming from you is very special. Thanks !
You are one of the best to know about these terrains in Himachal Pradesh. Please feel free to share your thoughts on planning a visit to Bir Billing. That will help a lot of folks who love to explore nature and adventure.
- May 1, 2014 at 11:34 AM
Its a pretty well written article ....I suppose you can add Palampur with its natural beauty & tea estates .Please also mention the lovely sunsets that you can catch at Billing...
- May 1, 2014 at 1:20 PM
- VJ Sharma said...
Thanks for sharing your feedback Shailesh !
Palampur is definitely a great place as far natural beauty is concerned. One needs to cross through the tea gardens to reach Neugal cafe, which offers great views of snow covered peaks of Dhauladhar Mountain Ranges.
And Sunset at Billing would definitely be a great experience.
Thanks Again !
- May 1, 2014 at 1:22 PM
- Neha Sharma said...
Interesting article with beautiful pictures.
I never knew about Bir Billing. Will surely plan a trip soon!
- May 1, 2014 at 2:54 PM
- VJ Sharma said...
Neha - yes, you should. I prefer Barot as a final destination instead of Bir Billing. Bir Billing can be a good halt to have an exceptional place for paragliding :)
Do plan both.
- May 1, 2014 at 5:35 PM
- Shailza Sood Dasgupta said...
Very well written. Thanks for sharing.
Barot no doubt should be the final destination but camping for a night at billing can also be a good experience.
- May 1, 2014 at 10:06 PM
- Rohit Kaushik said...
We are waiting for the same event for years and now it feels like dream come true. We have high hope from our state govt that the expected steps will be taken and that will help ranking bir location in the world level , although it's already rank high but still feel like neglected. Bir billing is famous for Flying in India but still we need to promote the location for more tourists which will be best for all the locals as well as tourists..
- June 12, 2015 at 5:51 PM
- Hpadventures said...
Hi you have a nice site over here! Thanks for sharing this interesting blog for us! If you keep up this good work I'll visit your weblog again. Thanks!
- October 21, 2015 at 1:55 PM
- Jasleen Kaur said...
hi i would like to know more about the nearby places.
- December 5, 2015 at 1:35 PM
- Paragliding In India said...
Indeed Bir Billing is really an amazing destination from tourist point of view. This place is well known for Paragliding, Tea Gardens, Tibetan refugees, cultural heritage, old temples and beautiful lush green valley.
- March 17, 2016 at 2:21 PM
- mavrick said...
Very nice indeed...
- March 17, 2016 at 2:22 PM
- Paragliding in Himachal said...
i am agree bir billing is best destination for tourist. Bir is awesome place
- June 22, 2016 at 5:08 PM
- hotels in bir billing said...
No doubt bir billing is one of the most beautiful place one must visit once. And it's like heaven for paragliding in bir himachal pradesh. Bir holds the seanic beauty with many place for sight seeing. After paragliding world cup 2015 held in oct month tourist activites have been increased a lot and local paragliding pilots are getting good benifit from this. We must try to create best facility with affordable price for guest to make it lasting forever.
- July 20, 2016 at 1:20 PM
- Summer Bir Billing said...
Billing, Himachal Pradesh. Located in the Kangra Valley of Himachal Pradesh, Billing is one of the best paragliding destinations in India. Billing is the place from where paragliders take off while Bir is a village where landing takes place. Bir has an altitude of 2600m and is yet another place that you can visit if you are coming to Dharamsala or Manali. If you want best experience of flying, you must come out.
- July 21, 2016 at 11:39 AM
- Bir Paragliding said...
Thanks for sharing such informative information over here. I tried many time creating something similar but don't have such great talent you have. I guess you have already visited the same place. If there is any plan in future to come here you can contact Me in personal. Will help as much i can :)
Manjeet @ Paragliding in Himachal
- October 18, 2016 at 10:21 PM


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United States District Court, D. New Jersey
March 5, 2014
MICHAEL WALTERS, Plaintiff,v.JOHNSON & JOHNSON, McNEIL-PPC, INC., Defendants.
ROBERT B. KUGLER, District Judge.
In this case, Plaintiff Michael Walters ("Plaintiff") asserts claims under the New Jersey Products Liability Act ("NJPLA") against Defendants McNEIL-PPC, Inc. ("McNEIL") and Johnson & Johnson ("J&J"), as well as an "alter ego" claim against J&J. Defendants move for summary judgment on Plaintiff's claims against J&J, and for dismissal under Fed.R.Civ.P. 12(b)(6) on Plaintiff's claims against McNEIL. For the reasons stated herein, Defendants motion for summary judgment on Plaintiff's claims against J&J will be GRANTED, and their motion to dismiss on Plaintiff's claims against McNEIL will be DENIED.
In October 2009, Plaintiff began taking Tylenol Arthritis, a medication "manufactured, sold and distributed" by McNEIL, "a company owned, guided, managed, supervised and controlled" by J&J. (Second Am. Compl. ¶ 10.) On or about October 21, 2009, Plaintiff began to experience stomach problems, which required him to take off five days from work. (Id. ¶ 11.) At that time, Plaintiff was employed as a custodian in the maintenance and grounds department of the North Hanover Township Board of Education. (Id. ¶ 7.)
"On November 4, 2009, Plaintiff received a letter from Matthew J. Ernandes, Jr., the business administrator of the North Hanover Township School District and the secretary to the Board of Education of North Hanover Township, advising [Plaintiff] that he was recommending to the superintendent of that school district, Dr. Richard J. Carson, that [Plaintiff's employment] contract with the North Hanover Township District should be terminated effective December 1, 2009."[1] (Id. ¶ 12.) Plaintiff was informed by Mr. Ernandes that the reason he was recommended for termination was that he "had utilized ten of his allotted twelve sick days since July 1, 2009." (Id. ¶ 13.) Plaintiff was subsequently terminated from employment as of December 1, 2009. (Id. ¶14.)
In or around December 2009, Plaintiff became aware that "there was a recall on some lots of Tylenol Arthritis that had been sold to the public" and that the recall included the specific Tylenol Arthritis that he purchased. (Id. ¶ 15.) Plaintiff also learned that the recall was due to an incidence of stomach problems that were allegedly linked to J&J and McNEIL's use of wood pallets to transport and store packaging materials for the drug. (Id. ¶ 16.) These packing materials contained the chemical 2, 4, 6-tribromoanisole, which led to the breakdown of chemicals in the wood pallets and consequently contaminated Defendants' product. (Id. ¶¶ 16-17.)
Approximately two years later, on October 21, 2011, Plaintiff filed suit against J&J, the Board of Education of North Hanover Township, Dr. Richard J. Carson, and Matthew J. Ernandes Jr. in the Superior Court of New Jersey, Burlington County. On November 8, 2011, the Board of Education of North Hanover Township, and its employees Dr. Richard Carson and Matthew J. Ernandes, Jr. (collectively, the "North Hanover Defendants"), filed a Notice of Removal pursuant to 28 U.S.C. § 1441, invoking this Court's jurisdiction under 28 U.S.C. § 1331.[2] Plaintiff filed a Motion to Amend/Correct Complaint on April 10, 2012, (Doc. No. 23), which was not opposed and subsequently granted by Magistrate Judge Donio in an Order dated April 25, 2012, (Doc. No. 24). Plaintiff's proposed amendments only added McNEIL as a defendant. (Doc. No. 23.)
In his first Amended Complaint, Plaintiff asserted three causes of action against McNEIL: (1) negligence in the manufacture of Tylenol Arthritis; (2) breach of express and implied warranties in selling the "inherently defective" Tylenol Arthritis; and (3) strict liability for placing the allegedly defective product into the stream of commerce.[3] (Doc. No. 25, Am. Compl. ¶¶ 22-31.) On May 9, 2012, McNEIL filed a motion to dismiss Plaintiff's Amended Complaint, (Doc. No. 28), which the Court granted on December 17, 2012, (Doc. No. 44). In a separate opinion issued that date, the Court held that Plaintiff's negligence, breach of implied warranty, and strict liability claims were subsumed by the NJPLA, and his failure to assert a claim under that statute was a fatal pleading deficiency. (Doc. No. 43.) The Court further held that Plaintiff failed to state a claim for breach of express warranty. (Id.) Plaintiff was, however, permitted to seek leave to file a second amended complaint addressing the deficiencies noted in the Court's opinion. (Doc. No. 66.)
On January 16, 2013, Plaintiff filed his motion for leave to file a second amended complaint, (Doc. No. 49), which McNEIL and J&J did not oppose, (Doc. No. 56). On April 26, 2013, the North Hanover Defendants filed a motion for summary judgment. (Doc. No. 59.) On June 28, 2013, Plaintiff filed his Second Amended Complaint, [4] (Doc. No. 68), and on July 19, 2013, McNEIL and J&J filed their Motion to Dismiss or in the Alternative for Summary Judgment, (Doc. No. 71).
On December 19, 2013, the Court granted the North Hanover Defendants' motion for summary judgment and dismissed those defendants from this action. (Doc. No. 81.) On January 6, 2014, the Court ordered that McNEIL and J&J show cause as to why the Court should retain supplemental jurisdiction over Plaintiff's state law causes of action against McNEIL and J&J since the Court dismissed all claims over which it had original jurisdiction. (Doc. No. 83.) On January 20 and 21, 2014, Plaintiff and Defendants responded to the Court's order. (Doc. Nos. 85-86.)
The Court agrees with the parties that retaining jurisdiction over this matter serves the principles of judicial economy, convenience, and fairness, and that certain of Plaintiff's allegations are inextricable from the common nucleus of operative facts of his now dismissed claims against the North Hanover Defendants. Thus, the Court will retain jurisdiction and turn to J&J and McNEIL's pending motion.
Rule 12(b)(6) allows a court to dismiss an action for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). When evaluating a motion to dismiss, "courts accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief." Fowler v. UPMC Shadyside , 578 F.3d 203, 210 (3d Cir. 2009) (quoting Phillips v. Cnty. of Allegheny , 515 F.3d 224, 233 (3d Cir. 2008)). In other words, a complaint is sufficient if it contains enough factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570 (2007). It is not for courts to decide at this point whether the moving party will succeed on the merits, but "whether they should be afforded an opportunity to offer evidence in support of their claims." In re Rockefeller Ctr. Prop., Inc. , 311 F.3d 198, 215 (3d Cir. 2002). Also, legal conclusions and "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Iqbal , 556 U.S. at 678.
To determine whether a complaint is plausible on its face, courts conduct a three-part analysis. Santiago v. Warminster Twp. , 629 F.3d 121, 130 (3d Cir. 2010). First, the court must "tak[e] note of the elements a plaintiff must plead to state a claim." Id . (quoting Iqbal , 556 U.S. at 675). Second, the court should identify allegations that, "because they are no more than conclusions, are not entitled to the assumption of truth." Id. at 131 (quoting Iqbal , 556 U.S. at 680). Finally, "where there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement for relief." Id . (quoting Iqbal , 556 U.S. at 680). This plausibility determination is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Iqbal , 556 U.S. at 679. A complaint cannot survive where a court can only infer that a claim is merely possible rather than plausible. Id.
"To decide a motion to dismiss, courts generally consider only the allegations contained in the complaint, exhibits attached to the complaint and matters of public record." Pension Ben. Guar. Corp. v. White Consol. Indus., Inc. , 998 F.2d 1192, 1196 (3d Cir. 1993). If on a Rule 12(b)(6) motion dismiss, however,
matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
In re Rockefeller, 184 F.3d at 287 (citing Fed.R.Civ.P. 12(b)). When converting motions to dismiss into motions for summary judgment, courts "must provide the parties reasonable opportunity' to present all material relevant to a summary judgment motion. The parties can take advantage of this opportunity only if they have notice of the conversion.'" Id. at 287-88 (internal citations omitted).
The Third Circuit has opined that although notice need not be express, it is recommended "that District Courts provide express notice when they intend to convert a motion to dismiss" because it "is easy to give and removes ambiguities." Id. at 288 & n.11. Illustratively, "notice might be provided through the court's orders or at a hearing." Id . However, the Third Circuit has also held that where motions to dismiss have been framed in the alternative as motions for summary judgment, the parties are on notice that the court is considering the motions for summary judgment. See Hilfirty v. Shipman , 91 F.3d 573, 578-79 (3d Cir. 1996); see also In re Rockefeller, 184 F.3d at 288.
Summary judgment is appropriate where the Court is satisfied that "there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a); see Celotex Corp. v. Catrett , 477 U.S. 317, 330 (1986). A genuine dispute of material fact exists only if the evidence is such that a reasonable jury could find for the nonmoving party. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248 (1986). When the Court weighs the evidence presented by the parties, "[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor." Id. at 255.
The burden of establishing the nonexistence of a "genuine issue" is on the party moving for summary judgment. Aman v. Cort Furniture Rental Corp. , 85 F.3d 1074, 1080 (3d Cir. 1996). The moving party may satisfy its burden either by "produc[ing] evidence showing the absence of a genuine issue of material fact" or by showing' - that is, pointing out to the district court - that there is an absence of evidence to support the nonmoving party's case." Celotex , 477 U.S. at 325.
If the party seeking summary judgment makes this showing, it is left to the nonmoving party to "do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586 (1986). Rather, to survive summary judgment, the nonmoving party must "make a showing sufficient to establish the existence of [every] element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex , 477 U.S. at 322. Furthermore, "[w]hen opposing summary judgment, the nonmovant may not rest upon mere allegations, but rather must identify those facts of record which would contradict the facts identified by the movant.'" Corliss v. Varner , 247 F.Appx. 353, 354 (3d Cir. 2007) (quoting Port Auth. of N.Y. and N.J. v. Affiliated FM Ins. Co. , 311 F.3d 226, 233 (3d Cir. 2002)).
In deciding the merits of a party's motion for summary judgment, the Court's role is not to evaluate the evidence and decide the truth of the matter, but to determine whether there is a genuine issue for trial. Anderson , 477 U.S. at 249. Credibility determinations are the province of the fact finder, not the district court. BMW, Inc. v. BMW of N. Am., Inc. , 974 F.2d 1358, 1363 (3d Cir. 1992).
Here, Defendants seek summary judgment on all claims against J&J. In support of that motion, they attach the Declaration of Douglas K. Chia, Secretary of J&J. Because Defendants framed their motion to dismiss in the alternative as a motion for summary judgment, Plaintiff was on notice that the Court could consider Defendants' motion as one for summary judgment as well as any documents submitted in connection with that motion. See Hilfirty , 91 F.3d at 578-79. Accordingly, the Court's consideration of Mr. Chia's declaration in resolving Defendants' motion for summary judgment is proper.
A. Plaintiff's Claims Against J&J
Plaintiff alleges that J&J violated the NJPLA and that it is vicariously liable for the actions of its subsidiary McNEIL. J&J counters that both of Plaintiff's claims fails as a matter of law. The Court considers each claim in turn.
1. Violation of the NJPLA
Plaintiff contends that J&J is liable under the NJPLA because the "Tylenol Arthritis sold and distributed by defendants was not reasonably fit, suitable or safe for its intended use." (Second Am. Compl. ¶ 25.) J&J counters that Plaintiff fails to state a claim under the NJPLA "because it is a holding company that does not design, develop, manufacture, market, promote or sell any product." (Defs.' Br. 5.) Although Defendants are correct, the Court notes that while they took great care to style their motion to dismiss in the alternative as a motion for summary judgment, as well as submit a declaration in support of their arguments that Plaintiff's claims against J&J fail as a matter of law, they only apply the legal standard for a motion under Rule 12(b)(6) when addressing Plaintiff's claims against J&J. However, because the Court has decided to treat Defendants' motion to dismiss as a motion for summary judgment in regards to Plaintiff's claims against J&J, it will evaluate those claims under Rule 56 and determine whether there is any genuine dispute as to any material fact, and whether J&J is entitled to judgment as a matter of law.
Product liability actions in New Jersey are governed by the NJPLA. Liability under the NJPLA is limited to "manufacturers" and "product sellers." Smith v. Alza Corp. , 948 A.2d 686, 691 (N.J.Super. Ct. A.D. 2008); see also N.J. Stat. Ann. § 2A:58C-2. The NJPLA defines "Manufacturer" as:
(1) any person who designs, formulates, produces, creates, makes, packages, labels or constructs any product or component of a product; (2) a product seller with respect to a given product to the extent the product seller designs, formulates, produces, creates, makes, packages, labels or constructs the product before its sale; (3) any product seller not described in paragraph (2) which holds itself out as a manufacturer to the user of the product; or (4) a United States domestic sales subsidiary of a foreign manufacturer if the foreign manufacturer has a controlling interest in the domestic sales subsidiary.
N.J. Stat. Ann. § 2A:58C-8. Comparatively, a "Product seller" means
any person who, in the course of a business conducted for that purpose: sells; distributes; leases; installs; prepares or assembles a manufacturer's product according to the manufacturer's plan, intention, design, specifications or formulations; blends; packages; labels; markets; repairs; maintains or otherwise is involved in placing a product in the line of commerce.
Here, Plaintiff alleges that J&J "sold" and "distributed" the allegedly defective Tylenol Arthritis. (Second Am. Compl. ¶ 25.) In response, Defendants state, by way of the Declaration of Douglas K. Chia, that "J&J does not design, develop, manufacture, market, promote or sell any products, " (Defs.' Br., Declaration of Douglas K. Chia ("Chia Decl.") ¶ 5), which rebuts Plaintiff's allegation that J&J is a "product seller." See N.J. Stat. Ann. § 2A:58C-8 (defining "product seller" to include anyone who "sells" or "distributes"). Because Plaintiff has failed to counter Defendants' evidence and demonstrate that there is a genuine dispute of material fact as to whether J&J is a "product seller"-and thus can be held liable under the NJPLA-the Court will grant J&J summary judgment on Plaintiff's NJPLA claim. See Corliss , 247 F.Appx. at 354.
2. Vicarious Liability
Plaintiff also seeks to hold J&J vicariously liable for McNEIL's actions. Defendants argue that Plaintiff has failed to satisfy the threshold pleading requirements for piercing the corporate veil under New Jersey law, and thus J&J cannot be held liable for the actions of one of its subsidiaries. Although Defendants once again fail to apply the proper legal standard as to this claim, the Court will evaluate it under Rule 56 and determine whether there is no genuine dispute as to any material fact and whether J&J is entitled to judgment as a matter of law.
Under New Jersey law, a plaintiff may state a claim for piercing the corporate veil by showing: "(1) one corporation is organized and operated as to make it a mere instrumentality of another corporation, and (2) the dominant corporation is using the subservient corporation to perpetrate fraud, to accomplish injustice, or to circumvent the law." Bd. of Trs. of Teamsters Local 863 Pension Fund v. Foodtown, Inc. , 296 F.3d 164, 171-72 (3d Cir. 2002) (citing Craig v. Lake Asbestos of Quebec, Ltd. , 843 F.2d 145, 149 (3d Cir. 1988).
To succeed in piercing the corporate veil, a plaintiff must allege that the parent "completely dominate[s] the finances, policy, and business practice with respect to the subject transaction" to such a degree that the subsidiary has "no separate mind, will, or existence of its own." Craig , 843 F.2d at 150. The relevant factors in this inquiry include:
Gross undercapitalization... failure to observe corporate formalities, non-payment of dividends, the insolvency of the debtor corporation at the time, siphoning of the funds of the corporation by the dominant stockholder, non-functioning of other officers or directors, absence of corporate records, and the fact that the corporation is merely a façade for the operations of the dominant stockholder or stockholders.
Id. (quoting American Bell, Inc. v. Fed'n of Tel. Workers , 736 F.2d 879, 886 (3d Cir. 1984)). It is well-established that "mere ownership of a subsidiary does not justify the imposition of liability on the parent." Pearson v. Component Tech. Corp. , 247 F.3d 471, 484 (3d Cir. 2001).
Plaintiff offers two allegations in support of his claim that J&J should be held vicariously liable for McNEIL's conduct. First, he alleges that McNEIL "was the alter ego of... [J&J], and thus, the liability of [McNEIL] should be imputed onto [J&J]." (Second Am. Compl. ¶ 27.) Second, he alleges that J&J "had the right of control over [McNEIL], and did in fact control or fail to control [McNEIL], with regard to all of the events and circumstances relevant to this action, thus making [J&J] vicariously liable for the actions of [McNEIL]. (Id. ¶ 28.) In response, Mr. Chia states that J&J is a company incorporated under the laws of the State of New Jersey which "directly or indirectly owns more than 275 operating companies in 60 countries." (Chia Decl. ¶ 4.) He further states that McNEIL, a corporation organized and existing under the laws of the State of New Jersey, "is an indirect subsidiary of J&J." (Id. ¶ 10.) Finally, he states that although McNEIL is an indirect subsidiary of J&J, "J&J maintains separate corporate records, separate financial books, and separate corporate officers and directors from [McNEIL], " and that "J&J does not intermingle funds with [McNEIL]." (Id. ¶¶ 8-9.) Plaintiff has failed to offer any evidence to contradict Mr. Chia's declaration. See Corliss , 247 F.Appx. at 354.
Based on the record before the Court, it is apparent that J&J is not engaged in the type of activity ordinarily associated with an abandonment of or disregard for corporate formalities. Compare Foodtown, Inc. , 296 F.3d at 172 (holding that allegations were sufficient to meet first prong of the veil-piercing test where the complaint alleged that a corporation and its alleged alter ego: "failed to maintain formal barriers between the management structures"; "commingled funds and other assets"; "failed to observe other corporate formalities"; "shared twelve of thirteen common directors"; shared the same shareholders, the same principal office, and registered office; and were structured such that the Board of Directors of one corporation "was dominated and controlled" by the alter ego's Board), with Premier Pork L.L.C. v. Westin, Inc., No. 07-1661 , 2008 WL 724352, at *7 (D.N.J. Mar. 17, 2008) (holding that allegations that one corporation was a subsidiary of another, that both corporations shared the same chief financial officer, and that one corporation had a controlling interest in the other to be insufficient to pierce the corporate veil).
Accordingly, because Plaintiff has failed offer evidence in support of his claims against J&J that would create a genuine issue of material fact more appropriately reserved for trial, Defendants' motion for summary judgment on this claim will be granted.
B. Plaintiff's Claim against McNEIL
Plaintiff's claim against McNEIL can be summarized as follows: Due to the allegedly defective Tylenol Arthritis, Plaintiff was forced to miss several days of work. (See generally Second Am. Compl.) Because Plaintiff used ten of twelve sick days that were allotted to him by his employer, he was terminated from his employment and suffered "economic deprivation." (Id. ¶ 19.) Accordingly, Plaintiff seeks recovery of the economic damages he sustained as a result of his loss of employment. (Id.)
In moving to dismiss Plaintiff's claim, McNEIL sets forth several arguments. First, because Plaintiff limits his claim to economic injury, and his remedy to economic loss, he cannot recover under the NJPLA. Second, Plaintiff fails to allege sufficiently a physical injury. Third, Plaintiff's claims are barred by an intervening act. And fourth, Plaintiff's claims are barred by the applicable statute of limitations.
1. Statute of Limitations and Relation Back under Rule 15(c)(1)
McNEIL claims that Plaintiff's suit under the NJPLA is barred by the applicable two-year statute of limitations and cannot be saved by the relation-back rule under Fed.R.Civ.P. 15(c)(1). Plaintiff disagrees and counters that the appropriate statute of limitations is the six-year statute set forth in N.J. Stat. Ann. § 2A:14-1 for tortious injury resulting only in economic losses. But, even if the two-year period applies, Plaintiff argues that his Amended Complaint relates back to his original Complaint under Rule 15(c)(1), and thus his claims against McNEIL are timely.
With respect to the first issue, McNEIL is correct that Plaintiff's claim under the NJPLA is subject to a two-year statute of limitations. See Dziewiecki v. Bakula , 853 A.2d 234, 237 (N.J. 2004) (citing N.J. Stat. Ann. § 2A:14-2) (the NJPLA "permits suit up to two years from accrual of the cause of action."). Although Plaintiff argues that he is only claiming damages for economic losses, and thus the more appropriate statute of limitations is that set forth in § 2A:14-1, the damages that Plaintiff claims flow from his alleged physical injury, i.e., his stomach problems. Thus, the limitations period set forth in § 2A:14-2 applies.
With respect to the second issue, McNEIL concedes that Plaintiff's original Complaint against J&J was timely, (Defs.' Br. 8), but argues that when he amended his original Complaint in order to add McNEIL as a defendant, he did so well outside the statute of limitations and without justification, and thus cannot be saved by Rule 15(c). McNEIL is wrong.
Rule 15(c)(1) provides that an amendment to a pleading relates back to the date of the original pleading when:
(A) the law that provides the applicable statute of limitations allows relation back;
(B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out-or attempted to be set out-in the original pleading; or
(C) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment:
(i) received such notice of the action that it will not be prejudiced in defending on the merits; and
(ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity.
Fed. R. Civ. P. 15(c)(1). Although the "chief consideration of policy [underlying Rule 15(c)] is that of the statute of limitations, " Nelson v. County of Allegheny , 60 F.3d 1010, 1014 n.7, "[t]he substitution of... parties after the applicable statute of limitations may have run is not significant when the change is merely formal and in no way alters the known facts and issues on which the action is based, " Staren v. American National Bank & Trust Co. of Chicago , 529 F.2d 1257, 1263 (7th Cir. 1976).
McNEIL acknowledges that it had notice of Plaintiff's original Complaint against J&J within 120 days of when Plaintiff first filed, but states that the reason Plaintiff failed to include McNEIL as a defendant in his original Complaint was because he failed to fully investigate his claim such that he could identify the proper parties to sue. Plaintiff counters that he did make a mistake in initially naming J&J, but excluding McNEIL, as a defendant. He further states that J&J "was closely identified with [Tylenol Arthritis] in various newspaper articles... [but now] claims that it did not manufacture the Tylenol Arthritis, but rather that McNEIL did." (Second Am. Compl. ¶ 4.)
McNEIL conceded notice and did not argue that it was prejudiced in any way in defending on the merits, thus part (i) of Rule 15(c)(1)(C) is satisfied. See Queens W. Dev. Corp. v. Honeywell Int'l, Inc., No. 10-4876, 2013 WL 163306, at *6 (D.N.J. Jan. 15, 2013) ("[W]here the defendant has had notice from the beginning that the plaintiff... is trying to enforce a claim against it because of specified conduct, the reasons for the statute of limitations do not exist."). The remaining issue before the Court is whether McNEIL "knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity." Fed.R.Civ.P. 15(c)(1)(C)(ii).
In Krupski v. Costa Crociere S.p.A., the Supreme Court stated that part (ii) of Rule 15(c)(1)(C) "asks what the prospective defendant knew or should have known during the Rule 4(m) period, not what the plaintiff knew or should have known at the time of filing [his or] her original complaint." 130 S.Ct. 2485, 2493 (2010). Indeed, "[i]nformation in the plaintiff's possession is relevant only if it bears on the defendant's understanding of whether the plaintiff made a mistake regarding the proper party's identity." Id. at 2493-94; see also Arthur v. Maersk, Inc. , 434 F.3d 196, 208 (3d Cir. 2006) ("A mistake' is no less a mistake' when it flows from lack of knowledge as opposed to inaccurate description.").
In his initial Complaint, Plaintiff listed Johnson and Johnson as the defendant responsible for the manufacture, distribution, and sale of Tylenol Arthritis. (Doc. No. 1, Compl. ¶ 21.) As J&J's indirect subsidiary, and the party actually responsible for the manufacture, marketing, distribution and sale of Tylenol Arthritis, (see Defs.' Br. 5), McNEIL should have known that Plaintiff made a mistake with regard to J&J's connection to the allegedly defective Tylenol Arthritis. Consequently, McNEIL should have also known that but for this mistake, it would have been identified in the initial Complaint as the defendant responsible for the manufacture, distribution, and sale of Tylenol Arthritis, and thus responsible for the alleged defect. Accordingly, because part (ii) of Rule 15(c)(1)(C) is satisfied, the Court finds that Plaintiff's first Amended Complaint relates back to his initial Complaint. See Myers v. Demoss, No. 12-3660, 2012 WL 5401862, at *4 (E.D. Pa. Nov. 6, 2012) (holding that plaintiff's amended complaint related back to his original complaint, and thus was not barred by the applicable statute of limitations, where even though she mistakenly identified a certain police officer as being affiliated with the Chester Police Department when, in fact, he was not, that police officer's true employer "should have known that the plaintiff made a mistake in regards to [that officer's] affiliation, " and thus they also should have known that "but for th[at] mistake, they would have been identified in the initial complaint as the defendants who allegedly failed to train that officer in the use of deadly firearms); see also Browning v. Safmarine, Inc., 287 F.R.D. 288, 292-93 (D.N.J. 2012).
2. Injury and Proximate Cause
McNEIL also challenges the sufficiency of Plaintiff's allegations concerning his alleged injury and whether the alleged defect in the Tylenol Arthritis was the proximate cause of that injury.
To prevail on a products liability action, plaintiff must show, among other things, "that a reasonably foreseeable user was injured, and [ ] that the [product] defect was the proximate cause of the plaintiff's injury." Ebenhoech v. Koppers Indus., Inc. , 239 F.Supp.2d 455, 472 (D.N.J. 2002). "Harm" is defined in the NJPLA as, "(a) physical damage to property, other than to the product itself; (b) personal physical illness, injury or death; (c) pain and suffering, mental anguish or emotional harm; and (d) any loss of consortium or services or other loss deriving from any type of harm described in subparagraphs (a) through (c) of this paragraph." N.J. Stat. Ann. § 2A:58C-1(b)(2) (emphasis added). Comparatively, the concept of proximate cause is well developed under New Jersey common law and "has been defined as any cause which in the natural and continuous sequence, unbroken by an efficient intervening cause, produces the result complained of and without which the result would not have occurred." Garrison v. Twp. of Middletown , 712 A.2d 1101, 1114 (N.J.1998); see also Kasper v. Board of Trustees of Teachers' Pension and Annuity Fund , 754 A.2d 525, 540 (N.J. 2000) (stating that proximate cause is "any cause which in the natural and continuous sequence, unbroken by an efficient intervening cause, produces the result complained of and without which the result would not have occurred.").
Turning first to McNEIL's argument that Plaintiff's conclusory assertions of "stomach problems" are too vague to satisfy the pleading standard of Iqbal, the Court holds that Plaintiff has sufficiently alleged an injury under the NJPLA. Although the Court imagines that Plaintiff could have provided more detail about his stomach problems, it is not for this Court to pass judgment on the nature of Plaintiff's alleged injury on a motion to dismiss. Plaintiff's allegation of some physical injury-no matter how slight-still alleges "harm" as is required by the NJPLA. See N.J. Stat. Ann. § 2A:58C-1(b)(2) ("harm" includes "personal physical illness, injury or death").
Turning next to McNEIL's arguments concerning proximate cause, McNEIL argues that there is no proximate cause because Plaintiff's economic damages are based upon his allegedly wrongful termination and that wrongful termination is an intervening and superseding cause of Plaintiff's injury. However, at this juncture of the proceedings, Plaintiff need only sufficiently allege proximate cause, not prove it. McNEIL's arguments, while persuasive, would have this Court engaging in a factual determination as to whether Plaintiff's lost wages from his termination are too remote an injury to hold McNEIL responsible for the allegedly defective Tylenol Arthritis. Accepting Plaintiff's allegations as true, as the Court must on a motion to dismiss, McNEIL's defective medication "caused [Plaintiff]... to improperly lose his employment with the Board of Education of North Hanover Township, which [ ] resulted in his incurring significant damages, primarily, economic deprivation." (Second Am. Compl. ¶ 19.) Although Plaintiff might not succeed on the merits of his case, he has alleged enough to at least "be afforded an opportunity to offer evidence in support of [his] claims." See In re Rockefeller , 311 F.3d at 215.
3. Plaintiff's Ability to Recover for His Economic Losses Under the NJPLA
Finally, McNEIL argues that Plaintiff has failed to state a claim under the NJPLA because pure economic harm is not recoverable under the statute. In support of this argument, McNEIL relies on Crouch v. Johnson & Johnson, No. 09-2905, 2010 WL 1530152 (D.N.J. April 15, 2010) and DeBendetto v. Denny's, Inc. , 23 A.3d 496 (N.J.Super. Ct. 2010). However, these cases are distinguishable.
In Crouch, plaintiffs alleged that they suffered an economic loss at the time they purchased various children's personal care products because these products were contaminated with toxic chemicals linked to, among other things, increased cancer risk. 2010 WL 1530152, at *1. In seeking recovery for their economic losses, plaintiffs did not allege any "present or future physical injuries as a consequences of Defendants' products." Id. at *6. As a result, the Court held that because "[h]arm, for purposes of the [NJ]PLA, does not include pure economic loss[, ] [i]nsofar as Plaintiffs concede that their injury is purely economic, Plaintiffs' claims cannot survive." Id. at *7.
Similarly, in DeBendetto, plaintiff filed suit under the New Jersey Consumer Fraud Act ("NJCFA") claiming that defendant "deceptively presents' menu items without disclosing that its meals contain excessive' amounts of sodium." Id. at 497-98. The Court held that plaintiff's NJCFA claim was, in essence, a products liability claim and thus subsumed by the NJPLA. Id. at 499, 502. In granting defendant's motion to dismiss plaintiff's claims, the Court held that although plaintiff alleged that defendant's menu items posed potential health risks, he failed to include any actual personal injury allegations in his complaint, and sought only to recover the amount of money he spent on those meals. Id. at 501, 503-05. The Court concluded that "insofar as [plaintiff] concedes that his injury is purely economic, his claims cannot survive." Id. at 504-05.
Here, although Plaintiff seeks pure economic recovery stemming from the loss of his job, he has alleged a physical injury, and thus has stated a cognizable claim under the NJPLA.
For the reasons stated above, the Court will GRANT Defendants' motion for summary judgment as to J&J and DENY their motion to dismiss as to McNEIL. An appropriate order shall issue today.
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New Jersey Supreme Court
Decided: May 14, 1936.
MORRIS SCHOENBERG, PLAINTIFF-RESPONDENT,v.CECELIA T. O'CONNOR, DEFENDANT-APPELLANT
On appeal from a judgment of the Supreme Court, whose opinion is printed in 14 N.J. Mis. R. 412.
For the appellant, Roberson & Roberson (Alfred Brenner, of counsel).
For the respondent, Edward Schwartz.
We concur in the view of Judge Ackerson that plaintiff was entitled to rescind the contract of sale, because of the "unmarketability of title." Under the circumstances, he properly invoked the principle declared in Eisler v. Halperin, 89 N.J.L. 278, that, if acceptance of the proffered title would lay the
[116 NJL Page 399]
vendee "open to a fair probability of vexatious litigation with the possibility of serious loss," the title is unmarketable, and the vendee is justified in refusing to accept it.
Let the judgment be affirmed.
For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 13.
For reversal -- None.
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21st January 2011
One of the most frequent questions we get asked when selling radio mics is what will happen after 2012 when Ofcom sell channel 68 and 69 (~800Mhz) to the mobile phone companies? Well, here's the answer.
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Req ID 2016-89248
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Posted Date 11/28/2016
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22 January 2013
One of the most senior medical professionals in Wales has called for fast food outlets to be restricted from operating near schools.
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Bengaluru, KA
Job Code:
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Job Details
Design, create, peer review and execute manual test cases. Define test strategy for a feature/componentRaise defects for product non-conformance. Report out defects in products & designPrepare test setup required for Test executionContribute in decision making for make/stop a release. Analyze requirements and report out testable/not testable onesCoding and troubleshooting in C# or JavaStrong testing/design principles, test methodologies knowledgeAssignments early in the product development cycle in order to create test infrastructures for new protocols/interfaces, common platforms, and interoperability of productsCreation of test tools and test harnesses requiring in-house development or extensionsEnsuring testing process is adhered toTest case execution; ability to analyze test resultsEnsuring proper documentation of all results and ability to provide detailed reports for failure casesApply industry-specific expertise to recommend and coordinate the development, enhancement, and maintenance of a client's business systems, processes, and products using high-maturity methods, processes and tools.Qualifications & Requirements Bachelor's degree in Computer Science, Computer Engineering, Electrical Engineering, or equivalent or MCA.Keyskills SDLC, STLC, Black box testing, Test Case Design, Defect Management, automation testing, Selenium webdriver, JAVA, automation framework, TestNG2-3 years of experience on test methodology, test case design techniques like boundary value, decision table, pairwise, state transition and use case testing.Ability to write and test code in an object-oriented language, Java.Self-motivated team player with strong problem solving and quality assurance skills.Strong initiative to improve processes tools, methodologies, and overall quality of the product.Experience using automated testing tools like Selenium webdriver, etc.Knowledge of performance testing tools like JMETER a plus.Knowledge on API testing using SOAPUI a plus.Experience developing your own testing tools to facilitate testing and QA a plus
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Experience: 2-3
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RequirementsApplication Programming | Database Administration (DBA) | Quality Assurance/Testing | Software Engineer
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Rice Tire opens 10th locationComments Email
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Rice Tire is involved in the wholesale, retail, commercial and retreading businesses and operates five stores in Maryland, four in Virginia and one in Washington, D.C.
TB Reader Poll
Previous | Published November 22, 2016
What did you find to be the most valuable part of 2016 Automotive Aftermarket Industry Week in Las Vegas?
|Networking opportunities
29% (29 votes)
|Checking out new products introduced at the SEMA and AAPEX trade shows
13% (13 votes)
|Attending educational seminars
2% (2 votes)
4% (4 votes)
|I did not attend Automotive Aftermarket Industry Week this year
52% (51 votes)
|Total votes: 99


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Kate Knight, 28, from Wirral, was convicted of attempting to murder Lee Knight by lacing his food with ethylene glycol, had her appeal rejected by the Court of Appeal.
The jury heard Knight used internet search engine Google to find a method of killing, settling on anti-freeze.
Knight served the anti-freeze in red wine and Indian takeout on their wedding anniversary.
In a separate murder trial:
A detective testified in a US court that a laptop computer taken from the home of a British man accused of killing his wife and nine-month-old daughter was used to search online on "how to kill with a knife", four days before the slayings.
Medford police Detective Lawrence James, a computer expert, said the Google search was done on January 16, 2006.
Neil Entwistle has pleaded not guilty to murder charges stemming from the killing of his 27-year-old wife, Rachel, and their daughter, Lillian Rose, in their rented home in Hopkinton, Massachusetts on January 20, 2006.
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This week, both LinkedIn and Facebook are beefing up their paid social offerings in different ways, while Google seeks to cut off Adwords revenues for fake news sites. And might Google be favouring desktop over its own AMP in its upcoming mobile-first index?
Product reviewing: how to utilise digital influencers
Credible and reliable endorsements are now, more so than ever, vital to a brand's success.


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170K 📈 The #NRL club membership tracker is keeping tabs on how all sixteen sides are faring - and we...
4 days ago - 6 Likes
Huddersfield Giants 16 Tries: Lolesi, Hudson, Griffin Goals: Thorman 2
Catalans Dragons 20 Tries: Ferriol, Bosc, Fakir Goals: Bosc 4
Att: 4,071
Catalans Dragons made it five games unbeaten with victory over Huddersfield Giants at the Galpharm Stadium.
In a tight first half two Thomas Bosc penalty goals gave the French-side a 4-0 lead. Just before the break Jamal Lolesi


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Givenchy Cream and Gold Toned Two Way Exposed Zipper Bodycon Skirt
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The Dessert Company Limited
cakes, cheesecakes, Hand Made Desserts
Focusing on delivering the highest quality desserts, the dessert company have built a reputation for our consistency and high standards of service.
Our award winning fresh hand made desserts have been specifically created for the food service industry, saving your kitchen team valuable preparation time and adding variety to your menus, whilst giving you consistent good quality desserts. All of this at a competitive price!! Making this a highly attractive alternative to frozen desserts and complimenting those establishments making their own.
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Beijing air pollution at dangerous levels
Tim Sandle
Jan 13, 2013 in
The level of air pollution in the Chinese capital Beijing is now at such a dangerous level that it is 'hazardous to human health."
Op-Ed: Beijing's 'crazy bad' air, 3.2 million deaths and global apathy
Beijing air pollution hits dangerous levels (Video)
Soot could be important in climate change
The report on the levels of pollution in Beijing comes from a report issued by the World Health Organization (WHO) and is based on various monitoring stations located throughout China's capital city,
USA Today
has reported..
The latest concern relates to readings taken on Saturday January 12, when the air, a
BBC reporter
has stated, is thick with smog and where the "air tastes of coal dust and car fumes".
An assessment of air pollution is made, according to
WHO guidelines
, based on the concentration of microscopic particles in a given volume of air. For an area to be satisfactory, WHO recommends that the average concentrations of the tiniest pollution particles (termed PM2.5 for particulate matter of 2.5 microns), should be no more than 25 microgrammes per cubic metre. This size of this particle is about 1/30th the average width of a human hair.
The small size of particle is used as a global measure because it represents the size of particles which can penetrate deep into the lungs. According to
"Air pollution is contamination of the indoor or outdoor environment by any chemical, physical or biological agent that modifies the natural characteristics of the atmosphere. Household combustion devices, motor vehicles, industrial facilities and forest fires are common sources of air pollution. Pollutants of major public health concern include particulate matter, carbon monoxide, ozone, nitrogen dioxide and sulfur dioxide. Outdoor and indoor air pollution cause respiratory and other diseases, which can be fatal."
The WHO map of global air pollution is illustrated below:
WHO map of global air pollution for 2003-2010
World Health Organization
An unhealthy rating is applied when the level of these tiny particles moves above 100 microgrammes. At levels above 300 microgrammes vulnerable groups, like children and the elderly are advised to remain indoors. In Beijing, the official level of pollution, reported via the Beijing Municipal Environmental Monitoring Center, is in excess of 400 microgrammes. However, an assessment by the U.S. embassy, released via a special
Twitter account
, puts the level at over 800 microgrammes.
The high levels of pollution in the largest Chinese cities are likely to be a
of China's rapid economic growth including, as the
Wall Street Journal
notes, the burning of fuels in vehicles and power plants. As a way of
, an industrialized U.S. city like Detroit recorded an average of 20 microgrammes in 2010 (according to a
WHO index
ABC Net
reports that the most polluted places on the plant include cites in China, India, and Indonesia.
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Sundance Coverage Zombie Movies Festival Features Indie Reviews Horror Movies How ScreenAnarchy Works
Watch: Exclusive Clip From HEATSTROKE, Starring Peter Stormare And Maisie Williams
Here is an exclusive clip to share with you, along with the trailer. Enjoy!On a family trip in the African desert, a research scientist unintentionally travels off course and is brutally murdered by an arms dealer. His girlfriend is put to the ultimate survival test as she attempts to evade the killers and protect his teenage daughter.
Do you feel this content is inappropriate or infringes upon your rights? Click here to report it.


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Being vegan can be extra tough around the holiday season, especially one that revolves so heavily around turkey. But this collection of vegan Thanksgiving ideas, ranging from main dishes and sides to salads and desserts, can help even the most unfamiliar cook whip out some vegan dishes with confidence. Free of meat, dairy, and eggs, these recipes draw on seasonal produce, plus hearty grains and legumes, to make a meal so good that guests won't even hesitate to embrace the vegan menu.
Kale, Jicama, and Orange Salad
Kale, sweet potatoes, winter squashes, fennel, and cranberries are just a few of the in-season foods that contribute to this collection of vegan recipes. With rich main dishes, satisfying sides, refreshing salads, and sweet desserts, you won't be missing out on anything by serving up a plant-based meal.
This salad pops with color and texture from juicy citrus, creamy avocado, and crisp jicama. Dark, bumpy kale fits the mood, but you can substitute any lettuce you like. We love the pink hue of Cara Cara oranges in the salad, but regular navel or even blood oranges (in keeping with the spooky theme) would also work. Sturdy lacinato kale will become perfectly tender when dressed and left to stand at room temperature. Coating the avocado in the dressing first will keep it from browning while you're out having fun.


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(614) 789-9100
AR Billing Services
17 years in business
4016 N Hampton Dr
Powell, OH 43065-8431
Fax Numbers
- (614) 789-9190
Additional Phone Numbers
- (614) 789-3484
- (614) 889-6613
- (877) 879-6613
Additional Email Addresses
- email@example.com
Find a Location
Type of EntityCorporation
Business Management
- Principal: Mr. Christopher Cooper, V. President
- Mr. Lee B. Jacobs, President
- Ms. Tronda Hontz, Client Services Admin
Contact Information
- Principal: Mr. Christopher Cooper, V. President
- Mr. Lee B. Jacobs, President
- Ms. Tronda Hontz, Client Services Admin
Business Category
- Billing Service
Products & ServicesEarly Self-Pay Recovery Services, AR Call Center , AR Attendant
Alternate Business Names
- Accelerated Revenue Inc.
- AR Billing
Number of Employees:19
AR Billing Services is out
front with our technology and management style. We focus exclusively on
non-default, self-pay patient balances.
Because Early-Out projects are our primary task, we are given the
opportunity to develop progressive technology that shines and allows us to
interface with a wide range of formats. We
are local; here in Powell, Ohio since our inception in 1999. We are NOT a Collection Agency.
Our success rate is largely due to the meticulous preparation of letters being sent to patients, skilled attention to the patient when dealing with our Call Center Representatives and even the fact that our Administration is entrenched in the daily operation of AR Billing Services. We achieve success while maintaining a positive image for our clientele. We are consistent, and to put it simply, we do good work.
We adhere to the provisions at all times and operate with a full understanding of HIPAA regulations and are 501(r) compliant.
BBB Reason for Ratings
Licensing information is provided in the BBB Business Profiles to inform the public about industries that may require professional licensing, bonding, or registration. Better Business Bureau encourages you to check with the appropriate agency to be certain any requirements are currently being met.
Advertising Review
BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to substantiate their claims, change ads to make offers more clear to consumers, and remove misleading or deceptive statements.
Government Actions
BBB reports on known significant government actions involving the business's marketplace conduct.
Out of Business
BBB reports on a company that is out of business for three years from the date the company closes its doors or ceases to do business.
Misuse of Better Business Bureau Name/Logo
BBB reports on unauthorized use of the Better Business Bureau's name and/or logo for as long as the business continues to use it in any advertising, or for one year after the business ceases any repeated unauthorized uses.
BBB reports on a business's bankruptcy as long as the business remains in bankruptcy.
Mail Returned
BBB reports when mail sent to the business was returned by the Postal Service.


text:
June 11, 2014 - Industry News
The amount of freight carried by the for-hire transportation industry rose 0.4% in April from March, increasing for the third consecutive month, according to the U.S. Department of Transportation's Freight Transportation Services Index released Wednesday.
Tags: Economy, Department of Transportation, U.S. DOT, Freight, Freight Index, Transportation Services Index, U.S
We offer e-newsletters that deliver targeted news and information for the entire fleet industry.
The expert, Shawn Whitacre from Chevron Delo, will answer your questions
The expert, Steve Carlson from Xantrex, will answer your questions
The expert, Brian Fletcher from Eaton, will answer your questions
On the Spot: Drive the Future With Volvo's SuperTruck [Video]
Highlights From ATA Management Conference & Exhibition [Video]
Navistar's Las Vegas LT Series Launch Presentation [Video]
Test Drive Preview: Freightliner's 2018 Cascadia [Video]
Tool Designed to Remove Tie Rods and Ball Joints
Driver Wellness Courses Address 3 Key Concerns
Power Converter Features Waterproof Design
Tool Caddy Can Store 100 Pounds of Gear


text:
Standard Rates
|We regret, no rates are currently available for Saffron Guesthouse. Please send a booking enquiry for their rates and availability in the meantime. Thank you!
Pertinent Policies
Travelling with children?
Children of all ages are welcome.
Deposit required?
Bookings will be secured only after proof of payment has been received by us.
No SWIFT transactions accepted.
Failure of the customer to arrive, or cancellations made 0 to 14 days prior to the agreed arrival date forfeit 100% of the pre-payment.
Cancellations made 15 to 28 days prior to the agreed arrival date forfeit 75% of the deposit or 25% of the booking quote value, whichever the greater.
Cancellations made 29 days or more prior to the agreed arrival date forfeit 50% of the deposit or 25% of the booking total, whichever is the greater.
On receipt of a written instruction to cancel the reservation, including bank details, The Space Guest House will refund the applicable amount, within 3 working days. The Space Guest House levies a 7% administration fee on any refunds processed. Should refunds to a SWIFT bank account be required, an additional R185 charge will be levied.
Check-in/out times
Check-in from 14h00
Check-out by 11h00
Exceptions to check-in/out times may be arranged, please enquire.
Payment Methods accepted at the establishment
- Mastercard
- Visa
- American Express


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Like a lot of websites, Warner's use cookies to provide a better online service to you. If you're happy with this, simply carry on looking for your perfect break or find out how to manage cookies.
Lines open 7 days a week: from 9am - 9pm
0330 100 9774*
Surrounded by water, with cosy chalets and a nearby beach, this friendly village is the perfect getaway this Spring.
Why not stay in our new ground floor Harbour Suites, with dedicated private parking and private patios located close to all of our facilities. We also have 12 new superior Chalet suites, located in brand new accomodation areas - which also include dedicated parking and private patios. Perfect for those who like their home-from-home comforts!
This slice of coastal Britain is a perfect location, whether you're here for a midweek switch-off, a week of fresh air and fun, or a long weekend on the dance floor. Enjoy loads of activities and perks as well as delicious breakfast and evening meals.
Book your Spring 2017 break now!
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August, 2014
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August 15, 2014
UFC 178 Lands Donald Cerrone vs. Bobby Green Co-Main Event
2:30 am EDT (MMA Weekly)
August 14, 2014
Chael Sonnen Admits 'I Knew What I Was Doing; I Tried to Game the System'
7:32 pm EDT (MMA Weekly)
Cris Cyborg Committed to Bantamweight Drop and Getting a Shot at Ronda Rousey
4:28 pm EDT (MMA Weekly)
Lauren Murphy to make UFC debut after unlikely entry into MMA
3:18 pm EDT (Yahoo Sports)
Bellator Signs Marloes Coenen vs. Julia Budd; Are Gina Carano and Cris Cyborg on the Way?
12:55 pm EDT (MMA Weekly)
Ronda Rousey Gives Knee Injury Update, Says She Wants to Fight on UFC New Year's Card
12:46 pm EDT (MMA Weekly)
August 13, 2014
From the runway to the Octagon, male model Alan Jouban to make UFC debut
10:33 pm EDT (Yahoo Sports)
Mike King Suspended and UFC Contract Terminated for Positive Drug Test for Steroids
7:22 pm EDT (MMA Weekly)
Jon Jones Apologizes for UFC 178 Fight Postponement, Reveals Injury Requires Surgery
2:13 pm EDT (MMA Weekly)
Get Back in Line Daniel Cormier, Alexander Gustafsson Wants His Rightful Shot at Jon Jones
12:37 pm EDT (MMA Weekly)
August 12, 2014
Daniel Cormier Initially Fretted He Would Lose UFC Title Shot with Jon Jones Injured
6:54 pm EDT (MMA Weekly)
BREAKING: Jon Jones Out of UFC 178 with Injury, Fight with Daniel Cormier Moved to 2015
6:19 pm EDT (MMA Weekly)
War Machine Charged, but Still Eludes Police; Dog The Bounty Hunter Threatens to Join Search
5:58 pm EDT (MMA Weekly)
August 11, 2014
War Machine's Ex, Christy Mack, Releases Statement and Graphic Photos of Alleged Assault
7:04 pm EDT (MMA Weekly)
Ben Saunders Returns to the UFC, Faces Chris Heatherly at UFC Fight Night 49 in Tulsa
3:53 pm EDT (MMA Weekly)
War Machine Alleged Domestic Violence Incident Continues to Play Out Via Twitter
1:39 pm EDT (MMA Weekly)
August 10, 2014
UFC Lightweight Standout Mark Bocek Retires
6:00 pm EDT (MMA Weekly)
Chael Sonnen Ignores Threats, Loses to Andre Galvao at Metamoris 4 Grappling Event
2:35 pm EDT (MMA Weekly)
Bellator Releases War Machine Following Allegations that He Assaulted His Girlfriend
1:50 pm EDT (MMA Weekly)
Joe Rogan Calls for a No Contact Policy Following the Jon Jones and Daniel Cormier Brawl
1:50 pm EDT (MMA Weekly)
August 9, 2014
Daniel Cormier Says Brawl Not a Proud Moment, but Would React to Jones Same Way Again
6:23 pm EDT (MMA Weekly)
Korean Zombie Returns at UFC Fight Night Stockholm
1:23 pm EDT (MMA Weekly)
August 8, 2014
Cathal Pendred vs. Gasan Umalatov Added to UFC Fight Night Stockholm
3:27 pm EDT (MMA Weekly)
Injury Forces Urijah Faber Off UFC Japan Card, Alex Caceres Takes His Place
1:28 pm EDT (MMA Weekly)
Bec Rawlings Getting Called By Dana White To Be on TUF 20 Left Her Speechless
12:47 pm EDT (MMA Weekly)
August 7, 2014
A 2010 Meeting With Victor Cui Set the Seeds for Manny Pacquiao to Invest in ONE FC
1:39 pm EDT (MMA Weekly)
August 6, 2014
Jon Jones-Daniel Cormier buildup turns from contentious to downright bizarre
2:40 am EDT (Yahoo Sports)
August 5, 2014
Anderson Silva Dying To Fight Again, Says He'll Be 100-Percent Against Nick Diaz
8:30 am EDT (MMA Weekly)
August 4, 2014
NSAC To Investigate The Jones-Cormier Brawl, UFC Says There Will Be Ramifications
9:39 pm EDT (MMA Weekly)
Fighters and Industry Personalities React To The Jon Jones and Daniel Cormier Scuffle Via Twitter
7:35 pm EDT (MMA Weekly)
After The Brawl, Jon Jones and Daniel Cormier Carried The Fight Over to Twitter
6:18 pm EDT (MMA Weekly)
Jon Jones-Daniel Cormier brawl shows sad, dangerous side of fight game
6:13 pm EDT (Yahoo Sports)
Nate Diaz's Manager Says He's Been Trying to Get His Client a Fight, UFC Not Biting
12:06 pm EDT (MMA Weekly)
Bantamweight Sub Specialists Dustin Kimura and Ian Entwistle Square Off at UFC Fight Night 50
12:06 pm EDT (MMA Weekly)
Anderson Silva Thinks Fight Against Nick Diaz Could Be One of the Greatest Fights Ever
12:06 pm EDT (MMA Weekly)
August 2, 2014
Justin Scoggins vs. John Moraga Added as UFC Fight Night 50 Main Card Opener
8:36 pm EDT (MMA Weekly)
Glover Teixeira vs. Phil Davis Confirmed as UFC 179 Co-Main Event
8:05 pm EDT (MMA Weekly)
Manny Gamburyan Drops to Bantamweight, Fights Cody Gibson at UFC 178
5:56 pm EDT (MMA Weekly)
Brandon Thatch Suffers Fractured Toe, Withdraws from UFC Fight Night Tulsa
5:43 pm EDT (MMA Weekly)
August 1, 2014
Anderson Silva on UFC Comeback Fight: 'It's Excellent for Fans, Myself, and Nick Diaz'
5:07 pm EDT (MMA Weekly)
Iuri Alcantara vs. Russell Doane Bout Completes UFC Fight Night Brasilia Fight Card
2:19 pm EDT (MMA Weekly)
Glover Teixeira Confirms He's Fighting Phil Davis
1:38 pm EDT (MMA Weekly)
UFC Signs Undefeated Brit Scott Askham to Face Magnus Cedenblad in Stockholm
12:47 pm EDT (MMA Weekly)
July 31, 2014
It's Not About the Fight: Nick Diaz Returned to the UFC Because It's What He Has To Do
1:46 pm EDT (MMA Weekly)
Rory MacDonald vs. Tarec Saffiedine Headlines First UFC Fight Night in Halifax, Nova Scotia
1:46 pm EDT (MMA Weekly)
July 30, 2014
Kevin Casey and Robert Drysdale Fail UFC 175 and TUF 19 Finale Drug Tests
8:35 pm EDT (MMA Weekly)
Ilir Latifi Faces Poland's Jan Blachowicz at UFC Fight Night 53 in Stockholm
3:19 pm EDT (MMA Weekly)
UFC on FOX 12 Medical Suspensions: Matt Brown Out Up to Six Months
12:54 pm EDT (MMA Weekly)
July 29, 2014
Signed, Sealed, Delivered: Anderson Silva vs. Nick Diaz Signed for Early 2015
6:28 pm EDT (MMA Weekly)
Bobby Green and Jorge Masvidal Square Off at UFC 178 After Quick Turn from Victories
4:27 pm EDT (MMA Weekly)
Dennis Siver Returns From Suspension, Faces Robert Whiteford at UFC Fight Night 53
3:22 pm EDT (MMA Weekly)
Joe Riggs Out Of UFC Fight Night 51 After Accidentally Shooting Himself With Pistol
3:19 pm EDT (MMA Weekly)
UFC 'Actively Engaged in Conversations' for Fighter Uniforms, Ronda Rousey Likely 'the Face'
1:22 pm EDT (MMA Weekly)
July 28, 2014
Israeli UFC Fighter Noad Lahat is Heading Home to Fight for His Family and to Fight for Peace
6:26 pm EDT (MMA Weekly)
UFC on FOX 12 Fighter Salaries: Robbie Lawler Top Payroll En Route to Another Title Shot
1:05 pm EDT (MMA Weekly)
July 27, 2014
Anthony Johnson takes step forward on road to redemption by beating Antonio Rogerio Nogueira
9:26 pm EDT (Yahoo Sports)
Robbie Lawler Looking To Do More in Upcoming UFC Title Rematch with Johny Hendricks
3:07 am EDT (MMA Weekly)
UFC on FOX 12: Lawler vs. Brown Attendance and Live Gate
1:38 am EDT (MMA Weekly)
Robbie Lawler, Anthony Johnson keep redemption stories alive with thrilling wins
12:50 am EDT (Yahoo Sports)
Jose Aldo vs. Chad Mendes 2 Headed to Brazil, Headlines UFC 179
12:17 am EDT (MMA Weekly)
July 26, 2014
UFC on FOX 12 Fighter Bonuses: As Expected, Robbie Lawler and Matt Brown Stole the Show
11:38 pm EDT (MMA Weekly)
UFC Set to Make Its Phoenix Debut on Dec. 13
11:07 pm EDT (MMA Weekly)
UFC on FOX 12 Results: Robbie Lawler Goes Distance With Matt Brown for Unanimous Decision
10:49 pm EDT (MMA Weekly)
UFC on FOX 12 Results: Anthony Johnson Serves Notice, Rumbles Nogueira with First-Round KO
9:53 pm EDT (MMA Weekly)
UFC on FOX 12 Results: Dennis Bermudez Submits Clay Guida
9:30 pm EDT (MMA Weekly)
UFC on FOX 12 Results: Bobby Green Punks Josh Thomson in His Hometown
9:00 pm EDT (MMA Weekly)
Matt Brown Missed Weight, but He Can Still Earn Bonuses and a Shot at a UFC Championship
12:22 pm EDT (MMA Weekly)
Matt Brown: '(Robbie Lawler) Better Knock Me Out'
10:29 am EDT (MMA Weekly)
Robbie Lawler on Fight Against Matt Brown: 'I'm Looking To Dictate and Dominate'
10:29 am EDT (MMA Weekly)
July 25, 2014
Olympic Gold Medalist Henry Cejudo Signs with UFC, Set to Fight Scott Jorgensen at UFC 177
10:55 pm EDT (MMA Weekly)
UFC on FOX 12 Weigh-in Results: Matt Brown Misses Weight (Updated)
9:44 pm EDT (MMA Weekly)
Karo Parisyan Looking to Take Out Phil Baroni at Bellator 122
1:39 pm EDT (MMA Weekly)
Alexander Gustafsson Knee Injury Requires Surgery, but Still Foresees Jon Jones Rematch
12:34 pm EDT (MMA Weekly)
July 24, 2014
Nick Diaz Inks 3-Fight UFC Extension, Setting Up Possible Fight with Anderson Silva
7:58 pm EDT (MMA Weekly)
Israeli UFC fighter headed home after Saturday bout 'to protect' his country
6:03 pm EDT (Yahoo Sports)
July 23, 2014
Daniel Cormier Steps in to Face Jon Jones at UFC 178 After Alexander Gustafsson Injured
7:45 pm EDT (MMA Weekly)
Chael Sonnen suspended two years in bizarre disciplinary hearing
6:59 pm EDT (Yahoo Sports)
Vitor Belfort Gets Approval From Nevada to Fight Chris Weidman in December (UPDATED)
6:31 pm EDT (MMA Weekly)
Chael Sonnen Narrowly Averts Lance-Armstrong-Like Lifetime Ban for Failed Drug Tests
4:57 pm EDT (MMA Weekly)
Dana White Loves Stefan Struve, but He's Concerned About Giving Him Another Fight
12:12 pm EDT (MMA Weekly)
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Property brokered by
Get more listing details on brokerage site
Presented By:
Melissa Mooney
Email Agent
Melissa Mooney
Email Agent
Property DetailsA rare opportunity to own acreage in the Grant Creek area. This park like setting is tranquil, yet you will have a few of the local wild life visiting daily...that is a real deer in the photos. The home has received numerous updates including new hardy plank siding, completely remodeled kitchen, new flooring, and all new windows and patio doors. This well cared for home has been owned by the same couple for 24 years. The yard is beautifully landscaped and surrounded by forest and will be adjacent to the new Grant Creek Trail System once completed. Contact the listing agent, Melissa Mooney at 531-5440 or your buyer's agent to schedule a showing.
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Additional Property InformationThis single family listing located at 9520 Nevada Trail, Missoula, MT boasts three bedrooms and two bathrooms. The property is currently availible for $359,000.
Features include fiber cement,attached,radiant water,hot tub,fireplace,dishwasher,microwave,range,refrigerator,dryer,washer,auto gar. door opener,level,fencing: wood,fencing: chain link,comp/asphalt.
This property is presented by Melissa Mooney of Windermere Real Estate - Mountain West headquartered in Washington.


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E-consultancy reports the launch of WebFetch, a new meta search engine in the UK. In addition to web search results from Google, Yahoo Search, MSN Search, and Ask.com, WebFetch also offers image search, audio search, video search, news search, a business finder, and a people finder. The news search results come from only four sources: Fox News, ABC, Yahoo and Topix.
Related reading
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5G networks are expected to start rolling out this coming year and will likely be standard in 2018.
Five most important search marketing news stories of the week
This week, both LinkedIn and Facebook are beefing up their paid social offerings in different ways, while Google seeks to cut off Adwords revenues for fake news sites. And might Google be favouring desktop over its own AMP in its upcoming mobile-first index?
Product reviewing: how to utilise digital influencers
Credible and reliable endorsements are now, more so than ever, vital to a brand's success.
The future of advertising is mobile
The days of desktop dominance are over.


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About Bridgnorth : A Historic Market Town In Shropshire
About Bridgnorth is an independent tourist information site, visitor guide and business directory.
All the information on this site has been collated to help visitors, tourists, holiday makers and day trippers to plan their visit, with places to go, things to do and where to eat and rest.
Bridgnorth Business Directory & What's On Guide
Our FREE Bridgnorth Business Directory allows local businesses to promote their services. Add Your Business Now.
About The Town
Welcome to the historic market town of Bridgnorth, often mispelt Bridgenorth. It is split into Low Town, on the edge of the River Severn and High Town, which are conveniently connected by the Bridgnorth Cliff Railway. On the very peak of High Town are the remains of the Bridgnorth Castle, next to St Mary Magdalene Church, and in the centre of the High Street is the seventeenth century Bridgnorth Town Hall. Also located in the High Street is the Northgate Museum, while on branching streets visitors will find many other historic buildings such as Bishop Percy's House.
Read More About Bridgnorth
Shops, Shopping & Markets
There are many unique and chain shops, from boutiques to shoe shops and antique shops to gift shops you will always be able to find something special.
Many of the shops are on the High Street, but always look down the side streets as there are many more than you may first see.
Don't forget Saturday is Market Day, held on the High Street & Smithfield Car Park adjacent to Sainsburys. A Cattle Market & Auction held weekly in Tasley.
History Of Bridgnorth
Find Out About The History Of Bridgnorth
including The History Of Bridgnorth Pubs & Inns
Shows & Films : Theatre & Cinema
Visit the characteristic Theatre On The Steps for shows and live music concerts. The Majestic Cinema offers all the latest films in the delight of a picture house with character long since lost with the introduction of multiplexes.
There are many places to stay when visiting including
Hotels, Inns, Guest Houses & Bed & Breakfasts, Self Catering Accommodation
Pubs, Bars & Inns
Drinking is never an issue with many ale houses, pubs and inns
Bridgnorth Pubs & Inns, Bridgnorth Brew Pubs
Where To Eat
There are so many places to eat including carveries, Steak House, Traditional, Chinese and Indian
The Town Hall
Originally a barn, the Town Hall, a black and white building was erected in 1650 and stands majestically in Bridgnorth High Street.
The Cliff Railway
The Cliff Railway or Castle Hill Railway is a funicular cliff railway linking Low Town & High Town
Bridgnorth Castle
Founded in 1101 by Robert de Belleme its remains now stands in the beautiful Castle Gardens
Daniels Mill
Daniels Mill and it's impressive waterwheel have been carefully restored to it's former glory.
Northgate Museum
Northgate Museum is packed full of treasures, the Museum should be the first stop for anyone wanting to discover the history of the town.
Severn Valley Railway
The Severn Valley Railway is a heritage railway that runs along the Severn Valley from Bridgnorth to Kidderminster.
Your local drain clearing expert for blocked drains covering Bridgnorth, Kidderminster, Shrewsbury & Telford.


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