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Commonwealth Court of Pennsylvania
November 7, 2013
Diamond Mini Market, Petitionerv.Department of Health, Respondent
Argued: October 8, 2013
BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge
BONNIE BRIGANCE LEADBETTER, Judge
Diamond Mini Mart (Diamond or the Store) appeals from the order of the Department of Health's Chief Hearing Officer affirming the Department's decision to disqualify Diamond from participation in the Supplemental Nutrition Program for Women, Infants and Children (WIC Program or Program) for three years.[1] The three year disqualification was based upon credited evidence that Diamond overcharged the WIC Program on three separate occasions during a compliance investigation. On appeal, Diamond argues, in a somewhat confounding manner, that a disqualification from the Program based upon the commission of separate overcharges on three different occasions during the same compliance investigation is contrary to the applicable regulations. In addition, Diamond argues that disqualification is not a mandatory sanction and, in this case, represents an abuse of discretion.
The WIC Program serves
to provide allowable foods to income eligible pregnant, breast-feeding or postpartum women, infants and children up to 5 years of age, who are at nutritional risk because of medical problems or poor diets. The WIC Program provides these individuals with nutritious foods to supplement their diets during critical stages of growth and development.
28 Pa. Code § 1101.1(a)(1). The Program is funded through the United States Department of Agriculture (USDA) and provides cash grants to State agencies to administer the Program through local agencies. See generally 7 C.F.R. § 246.1; 28 Pa. Code § 1101.1(a). In Pennsylvania, the Department of Health (Department) is responsible for developing policies and procedures pertaining to Program administration, including, inter alia, authorizing store participation in the Program, monitoring and evaluating Program services provided by authorized stores and otherwise carrying out the duties delegated by the USDA.[2] 28 Pa. Code § 1101.3(a). The Department's Program Integrity Unit monitors WIC-authorized stores for compliance with WIC regulations. Compliance monitoring is accomplished through different methods, including compliance investigations, which entail a "series of at least two compliance buys conducted at the same WIC authorized store." Id. § 1101.2. See also 28 Pa. Code § 1105.6(b)(1). A "compliance buy" is a "covert purchase at a WIC authorized store, with a WIC check, conducted to enable the Department to evaluate adherence by a WIC authorized store with [applicable regulations] governing the store's participation in the WIC Program." Id. § 1101.2. In general, the Department provides written notification to the WIC authorized store of the results of each compliance buy, including any violations of the statutory or regulatory authority governing the store's participation in the Program. Id. § 1105.6(b)(3).
A compliance investigation of a WIC-authorized store is closed if no violations are discovered after two consecutive compliance buys. Id., § 1105.6(b)(7). Notably, the Department considers that each visit to an authorized store during the course of a compliance investigation to be a separate compliance buy. If an overcharge violation occurs during a compliance buy, the Department considers that specific compliance buy to be one overcharge incident. See Notes of Testimony at 47 (Hearing of October 9, 2012).
Prior to disqualification, Diamond was an authorized WIC store located in Philadelphia. Diamond was the subject of a compliance investigation.[3]Consequently, four separate compliance buys occurred at the Store. While it is not necessary to review the specific details of each compliance buy, suffice it to say that although no overcharges occurred during the first compliance buy in August 2010, violations were detected, causing the Department to direct the local agency to conduct another compliance buy at the Store. The second compliance buy in March 2011 detected an overcharge in the amount of 22 cents.[4] Consequently, the Department notified Diamond of the violation and directed that its personnel were required to attend mandatory training. Diamond's owners, Jose and Yolanda Peralta, attended the mandatory training.[5]
A third compliance buy was conducted at the Store in October 2011, resulting in a 9 cent overcharge to the Program.[6] The Department notified Diamond of the violation and indicated, inter alia, that a follow-up unannounced review would occur and that disqualification from further participation in the Program could result if further violations were detected. The final compliance buy occurred in February 2012, during which an overcharge of 20 cents occurred.[7]Consequently, the Department notified Diamond that it was disqualified from participation in the WIC Program for three years for two or more incidences of overcharges.[8] Diamond appealed and a hearing followed.
The Department's witnesses established, inter alia, the manner in which each compliance buy occurred, the facts leading to the Department's conclusion that Diamond committed three separate overcharges on three separate occasions (i.e., during three separate compliance buys), that the Department considers any overcharge, no matter how small, to constitute a violation, and that the Department considers the sanctions mandatory, leaving the Department without discretion to change them. Counsel for Diamond cross-examined the Department's witnesses trying to establish that the calculated overcharge could have resulted from purchaser error during the compliance buy. In addition, Diamond presented the testimony of Jose Peralta, the Store owner. Peralta testified that he is responsible for completing the paperwork necessary to receive payment from the WIC Program and that to his knowledge he has always done so correctly. He further indicated that if an overcharge occurred, he was not aware of it and it was not intentional.
The hearing officer credited the Department's witnesses, finding that Diamond overcharged the Program three times during three separate compliance buys. The hearing officer concluded that the Department's decision to disqualify the Store from WIC participation for three years was consistent with both federal and Departmental regulations. In doing so, the hearing officer noted that the Department's regulations provide that a sanction will be imposed if three compliance buys (not three compliance investigations) detect violations. See 28 Pa. Code § 1105.6(b)(6). In affirming the disqualification, the hearing officer also noted that under the Department's regulations, a lack of intent to overcharge the Program is not a defense to the violation. Finally, the hearing officer rejected the argument that the Department abused its discretion in imposing the sanction. This appeal followed.
On appeal, Diamond first raises a confusing challenge to the Department's regulations providing for disqualification following two or more incidents of overcharges. Diamond argues: "The preliminary determination for the Hearing Examiner was whether the process followed by the [Department] constituted a single investigation or whether each of the described 'compliance buys' was [a separate instance] sufficient to constitute a determination of the requisite 'pattern of vendor overcharges' which is mandated under the federal regulations to warrant the non-discretionary three year disqualification." Brief at 9-10.[9]
We discern no merit in this contention. Both the federal and the state regulatory schemes contemplate disqualification following a single compliance investigation if a sufficient number of violations have occurred. Specifically, the federal regulations require the State agency to conduct compliance investigations on a specified percentage of its high-risk vendors. 7 C.F.R. § 246.12(j)(4). Further, "[a] compliance investigation of a high-risk vendor may be considered complete when the State agency determines that a sufficient number of compliance buys have been conducted to provide evidence of program noncompliance, [or] when two compliance buys have been conducted in which no program violations are found . . . ." Id. § 246.12(j)(4)(i). Section 246 provides that the State agency must notify a vendor in writing "when an investigation reveals an initial incidence of a violation for which a pattern of incidences must be established in order to impose a sanction." Id. § 246.12(l)(3). In addition, "[p]rior to imposing a sanction for a pattern of violative incidences, the State agency must either provide such notice to the vendor" or document the reason for determining that provision of notice would compromise an investigation. Id. § 246.12(l)(3)(i). Moreover, once notification of an incidence of violation is provided, the agency may continue its investigation. Id. § 246.12(l)(3)(iii). Notably, "[a]ll of the incidences of a violation occurring during the first compliance buy visit must constitute only one incidence of that violation for the purpose of establishing a pattern of incidences." Id. § 246.12(l)(3)(iv). Finally, a three year disqualification must be imposed for a "pattern of vendor overcharges." Id. § 246.12(l)(1)(iii)(C).
As noted above, the purpose of a compliance investigation is to determine adherence to Program rules. When read in its entirety, it is clear that if a sufficient number of violations occurs during a single investigation, thereby demonstrating a pattern of vendor overcharges, sanctions can be imposed if the vendor was provided with the requisite notifications. Otherwise, the requirement for notification of the initial violation (if a pattern of violations is required for sanctions) as well as the provision that "all of the incidences of a violation occurring during the first compliance buy must constitute only one incidence of that violation for the purpose of establishing a pattern of incidences" would be meaningless. The express language of the above provisions does not provide for multiple investigations before sanctions can be imposed and that requirement cannot logically be read into the scheme. Thus, we conclude that the federal scheme unambiguously authorizes the imposition of sanctions following a single compliance investigation composed of separate compliance buys if a sufficient number of violations occur. The Department's regulations are consistent with the federal scheme. Under the Department's regulatory provisions, the Department "will conduct at least two compliance buys during a compliance investigation." 28 Pa. Code § 1105.6(b)(1). Further:
The Department will impose a sanction in accordance with § 1107.1 (relating to imposition of sanctions) if three compliance buys detect violations of a statute or regulation governing the store's participation in the WIC Program. If multiple violations are found during the compliance investigation, the Department will impose the sanction against the store for the term corresponding to the most serious violation.
Id. § 1105.6(b)(6). These provisions clearly contemplate the imposition of sanctions for violations detected during the course of a single investigation. The express language of Section 1105.6 simply does not support Diamond's construction that the commission of separate violations during a single investigation cannot result in the imposition of a penalty. Such a construction is simply without merit.
Next, Diamond asserts that 28 Pa. Code § 1107.1a(c)(3), which mandates disqualification for two or more incidences of overcharges, is inconsistent with the federal scheme, which purportedly requires three or more overcharge violations before disqualification can occur. Diamond has not proffered any authority to support its argument and our review of the federal regulations fails to substantiate the contention. As already noted, the federal scheme mandates a three-year disqualification for a "pattern of vendor overcharges." 7 C.F.R. § 246.12(l)(iii)(C). In administering the WIC Program, the Department has defined the federal standard as "two or more incidences of overcharges." See 28 Pa. Code § 1107.1a(c)(3). This regulation is neither inconsistent with nor does it violate the federal scheme. Moreover, it is well settled that "an administrative agency has wide discretion when establishing rules, regulations and standards, and also in [the] performance of its administrative duties and functions." Pa. Indus. for the Blind & Handicapped v. Dep't of Gen. Servs., 541 A.2d 1164, 1166 (Pa. Cmwlth. 1988). A reviewing court will not overturn an agency's exercise of its discretion absent fraud, bad faith or a blatant abuse of discretion. Id. As the Department's interpretation of the federal scheme is reasonable and rational, not evidencing a blatant abuse of discretion, it was not error to enforce it. See also Montgomery Cnty. Geriatric & Rehab. Ctr. v. Dep't of Pub. Welfare, 462 A.2d 325, 329 (Pa. Cmwlth. 1983).
Citing 7 C.F.R. § 246.12(k)(3), Diamond also contends that the Department's application of its regulatory scheme ignores the federal requirement that the vendor must be provided with an opportunity to justify or correct the overcharge or other error. Implicit in this argument is that a vendor's satisfactory correction of an overcharge will preclude that incident from being considered in determining whether a vendor is engaging in a pattern of overcharges for purposes of disqualification. Section 246.12(k) provides, in pertinent part:
(2) Delaying payment and establishing a claim. When the State agency determines the vendor has committed a vendor violation that affects the payment to the vendor, the State agency must delay payment or establish a claim. Such vendor violations may be detected through compliance investigations, food instrument or cash-value voucher reviews . . . . The State agency may delay payment or establish a claim in the amount of the full purchase price of each food instrument or cash-value voucher that contained the vendor overcharge or other error.
(3) Opportunity to justify or correct. When payment for a food instrument or cash-value voucher is delayed or a claim is established, the State agency must provide the vendor with an opportunity to justify or correct the vendor overcharge or other error. If satisfied with the justification or correction, the State agency must provide payment or adjust the proposed claim accordingly.
(4) Timeframe and offset. The State agency must deny payment or initiate claims collection action within 90 days of either the date of detection of the vendor violation or the completion of the review or investigation giving rise to the claim, whichever is later. Claims collection action may include offset against current and subsequent amounts owed to the vendor.
This provision is not applicable in these circumstances, but rather applies to payment disputes. There is no evidence that payment to Diamond was delayed or a claim established with respect to the overcharges at issue. See, e.g. Dasmesh Enter., Inc. v. United States, 501 F.Supp.2d 1033, 1041 (W.D. Mich. 2007) (holding that 7 C.F.R. § 246.12(h)(3)(ix) applies "when there is a dispute as to the amount of a vendor's claim for reimbursement, " not to an "investigation into whether a store is in compliance with program regulations.").[10] Notwithstanding its apparent irrelevance, there is nothing in the regulatory scheme to suggest that resolution of payment disputes under this section is a factor to be considered in determining whether sanctions are imposed for a pattern of overcharges. Finally, we note that the hearing officer credited the Department's evidence that Diamond overcharged the Program on three separate occasions and rejected Diamond's attempt to establish error on the part of the investigators/covert purchasers.
Diamond next contends that the hearing officer erred in concluding that the Department lacked discretion to impose a lesser sanction. In connection with this argument, Diamond asserts the federal regulations "expressly direct the State agencies who are responsible to effectuate the programs to evaluate the severity of the purported violation." Brief at 14. We must reject this argument as well.
Neither the federal nor state regulatory scheme directs that the circumstances surrounding an overcharge, such as intent to overcharge or amount involved, shall be considered in determining the sanction. The federal scheme defines an overcharge to include both intentional and unintentional conduct. See 7 C.F.R. § 246.3. While the Department does not define an overcharge in terms of intent, it defines a store violation, which includes overcharges, as "[i]ntentional or unintentional action by owners, officers, managers, agents or employees . . . that violates the requirements of this part governing the store's participation in the WIC Program . . . ." 28 Pa. Code § 1101.2 (emphasis added). Moreover, contrary to Diamond's contention that discretion is allowed, the federal scheme mandates a three-year period of disqualification once the requisite number of overcharge violations has been detected. See 7 C.F.R. § 246.12(l)(1)(iii)(C) (providing that State agency must disqualify a vendor for three years for a pattern of overcharges) (emphasis added). Although the Department's regulation is not expressed in such absolute language, it does not allow for a lesser sanction. See 28 Pa. Code § 1107.1a(c)(3) (providing that the Department will disqualify a store for three years for two or more incidences of overcharges) (emphasis added).
Diamond's reliance on So v. Ledbetter, 434 S.E.2d 517 (Ga.App. 1993), does not command a different conclusion. There, the court held that the procedures employed to disqualify the authorized vendors following overcharge violations were inconsistent with the federal requirement that the circumstances surrounding the violation be considered in sanctioning the vendor. In so holding, the Georgia court specifically criticized the state agency's regulatory scheme, which imposed the same sanction whether the overcharge was an inadvertent, minor, first offense or repeated, intentional, and more significant in amount. This case is clearly distinguishable. First, the federal authority cited by the court in So, requiring the State agency to essentially consider mitigating factors, does not appear in the current federal regulatory scheme.[11] The concerns noted by the court in So have been incorporated into the present regulatory framework, however. For instance, disqualification does not occur until at least two or more overcharges have occurred. Thus, multiple violations must occur before a sanction is imposed. In addition, the store is notified each time an overcharge is detected, allowing the store to take corrective measures against future incidences of overcharge, and additional training is required to ensure operators are versed in Program procedures before sanctions are imposed.
Second, contrary to Diamond's contention, the regulatory scheme as promulgated classifies violations by severity, imposing less severe sanctions for less harmful violations. For instance, a six-year disqualification results from one incidence of buying or selling WIC checks for cash, 28 Pa. Code § 1107.1a(b)(1), and a one-year disqualification is imposed for two or more incidences of failing to request an identification card prior to accepting a WIC check. Id. § 1107.1a(d)(5).
While disqualification for overcharges totaling 51 cents may initially seem harsh, it bears emphasizing that the Program is publicly-funded and intended for the benefit of a nutritionally at-risk population; it is not designed or intended as an entitlement or revenue-enhancing program for retail vendors. Further, while the individual overcharges here are nominal in amount, the cumulative effect of minor overcharges committed on a frequent basis could very well be profitable to the retailer, to the detriment of the Program and the WIC participant, whose check will buy less because she is being overcharged for allowable food.
Accordingly, based upon the above, we affirm the Department's order disqualifying Diamond from Program participation for three years.
AND NOW, this 7th day of November, 2013, the order of the Department of Health in the above-captioned matter is hereby affirmed.
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Court of Appeals of Columbia District
November 7, 2013
Ronald G. PERKINS, Appellant,v.Darcy J. HANSEN, et al., Appellees.
Argued Nov. 6, 2012.
Page 343
Barry J. Nace, Washington, DC, with whom Christopher T. Nace was on the brief, for appellant.
James P. Gleason, Jr., Rockville, MD, and D. Lee Rutland, Annapolis, MD, with whom Alissa A. Watts was on the brief, for appellees.
Before OBERLY and McLEESE, Associate Judges, and PRYOR, Senior Judge.
OBERLY, Associate Judge:
On June 6, 2007, Margie Perkins died at Georgetown University Hospital from severe liver failure. Appellant Ronald Perkins, Mrs. Perkins's husband, brought a medical malpractice action, individually and as administrator and personal representative of his wife's estate, against appellees, Mrs. Perkins's treating physicians,[1] alleging that their negligence caused his wife not to receive a life-saving liver transplant. Upon objection by appellees, the trial judge excluded portions of testimony by one of appellant's experts. Without that testimony, appellant conceded that he could not establish causation and the judge granted appellees' motion for a directed verdict. On appeal, appellant alleges that the trial court committed reversible error in excluding his expert's testimony and also by granting the directed verdict. For the reasons discussed herein, we agree and reverse and remand for a new trial.
I. Background
Beginning in April 2007, Mrs. Perkins's " lab work showed elevation in [her] liver tests." She was being treated by her primary physician Dr. Darcy Hansen and gastroenterologist Dr. Michael Keegan. On May 11, her condition worsened and Dr. Keegan sent Mrs. Perkins to the emergency room at Sibley Memorial Hospital. For reasons not clear from the record, she was discharged the next morning. Unfortunately, however, Mrs. Perkins's condition continued to decline. On May 23, she was admitted to Georgetown University Hospital and after being evaluated was placed on the United Network for Organ Sharing (" UNOS" ) [2] transplant waitlist two days later. The decision to place patients on the waitlist and in what order of priority generally is determined using a Model for End-Stage Liver Disease (" MELD" ) score. However, because Mrs. Perkins was diagnosed with " hepatic encephalopathy," a worsening of brain function associated with liver failure, she was designated as " status one" and " placed at the top of the list." From then until she passed away on June 6, there were 44 livers available for her, but they were deemed unsuitable and Mrs. Perkins did not receive a transplant.[3]
Page 344
Appellant brought a medical malpractice suit against appellees [4] alleging that they " failed to timely recognize that Mrs. Perkins had severe liver failure" and that if she had been admitted sooner to Georgetown University Hospital or another facility that performed transplants, she would have received a liver transplant and survived. At trial, appellant proffered that Dr. Esteban Mezey would offer expert testimony on causation, explaining that it was more likely than not that if Mrs. Perkins had been transferred to a hospital that performed transplants sometime between May 12-14, shortly after she was discharged from Sibley, she would have received a liver transplant and survived. Appellees objected to that testimony because Dr. Mezey did not review the UNOS data on the mean and median wait times for organ transplants for region two,[5] which includes Georgetown University Hospital, arguing that he did not have an adequate foundation for his opinion. The trial judge sustained the objection and excluded Dr. Mezey's testimony on causation.
At the conclusion of appellant's presentation of evidence, appellees moved for judgment in their favor arguing that appellant failed to establish " proximate cause" as a matter of law. Appellant's counsel conceded that without Dr. Mezey's testimony on causation, " there is not sufficient evidence of causation to go to the jury on these issues." Accordingly, the trial judge granted appellees' motion and Mr. Perkins filed a timely notice of appeal.
II. Discussion
" In a medical malpractice case, the plaintiff must establish the applicable standard of care, [a] deviation from that standard and a causal relationship between the deviation and the injury." Snyder v. George Washington Univ., 890 A.2d 237, 244 (D.C.2006) (internal quotation marks omitted and alteration in original). The causal relationship between breach and injury is established through expert testimony " based on a reasonable degree of medical certainty, that the defendant's negligence is more likely than anything else to have been the cause (or a cause) of plaintiff's injuries." Derzavis v. Bepko, 766 A.2d 514, 522 (D.C.2000) (internal quotation marks omitted). Appellant argues that the trial court erred in not allowing Dr. Mezey to provide testimony on causation. We review a trial court's decision regarding the admissibility of expert testimony for an " abuse of discretion." District of Columbia v. Anderson, 597 A.2d 1295, 1299 (D.C.1991). Thus, the trial court's decision will be " sustained unless it is manifestly erroneous." Coates v. United States, 558 A.2d 1148, 1152 (D.C.1989).
Generally, the admission of expert testimony is guided by the three Dyas [6] factors. The first and third factors are not at issue here. [7] The second factor requires that the witness have " sufficient skill, knowledge, or experience in that field or
Page 345
calling as to make it appear that his opinion or inference will probably aid the trier in his search for truth. " Id. at 832 (emphasis in original and internal quotation marks omitted). Implicit in that requirement is that the expert have a " reliable basis for [his] theory" steeped in " fact or adequate data," as opposed to offering " a mere guess or conjecture." Haidak v. Corso, 841 A.2d 316, 327 (D.C.2004) (internal quotation marks omitted).
It is well established that a physician's experience may provide a reliable basis for his or her expert opinion.[8] Here, there is no question that Dr. Mezey's skill, knowledge, and experience provided a reliable foundation to testify about the likelihood that Mrs. Perkins would have received a liver transplant and survived if she had been admitted to a transplant facility sooner. Dr. Mezey is board certified in internal medicine and gastroenterology. Since 1982, he has been a professor of medicine at Johns Hopkins University, where he also is " head of the liver section" and where he previously " served as the clinical director of gastroenterology and hepatology." [9] He is " on staff at ... Johns Hopkins Hospital," where he previously was the chief of hepatology. Dr. Mezey served on the council of " the American Association for the Study of Liver Disease," which " deals with transplant[s]," and also publishes " one of the transplant journals." He also reviews " articles for various journals in the area of livers and transplants."
Dr. Mezey testified that " having worked at Johns Hopkins Hospital for 20 years with transplants, with similar patients and similar conditions" to Mrs. Perkins's, provided a basis for his " understanding as to how quickly patients with MELD scores such as [Mrs. Perkins's between May 12 and June 6, 2007] [10] are likely or not likely to receive a transplant." Additionally, Dr. Mezey's knowledge " as to the likelihood of livers being available to patients when they come to Georgetown or to Johns Hopkins" was based on " weekly" discussions regarding " what's available" in region two.
Neither appellees nor the trial judge disputed that Dr. Mezey had impressive credentials. Rather, appellees argue that " in the setting where the actual data on the issue in question exists, the witness can and must rely upon this to support an expert opinion" ; otherwise, appellees argue, the " expert's experience[ ] constitutes nothing more than conjecture." Specifically, at trial appellees contended that because Dr. Mezey did not know the UNOS statistics on the median and mean wait times for liver transplants in region two from May 12 to May 23, 2007, " there's a hole in the foundation that is necessary in
Page 346
order for [Dr. Mezey] to give [his] opinion," arguing that because the " data is available" but Dr. Mezey has not " made access to it," his " experience is not enough" to provide a foundation for his testimony. The trial judge admittedly " struggled" with this ruling, but ultimately was persuaded by appellees' argument.
As a threshold matter, appellees' argument directly conflicts with Snyder, in which this court expressly rejected the argument that a doctor's " experience [alone] ... would not qualify him to offer causation testimony." 890 A.2d at 247 (emphasis omitted). Moreover, what appellees argue and the trial court adopted is, in essence, a requirement that experts must rely on data that will provide the highest degree of certainty or probability in establishing a prima facie case of medical malpractice. Yet such a rule cannot stand because it is at odds with the well-established principle that " a particular expert witness's degree of certainty in proffering an opinion goes to the weight of the testimony, not its admissibility, and the weight to be given an expert opinion is for the jury to decide." Robinson v. United States, 50 A.3d 508, 523 (D.C.2012) (internal quotation marks omitted). Thus, the UNOS data, while potentially valuable fodder for cross-examination, became a red herring in assessing the admissibility of Dr. Mezey's testimony. [11]
We also reject appellees' argument that Dr. Mezey needed to " provide [ ] testimony that Ms. Perkins would have been offered a suitable liver, and that a surgeon, during that specific time period, would have accepted that liver for transplantation." This argument suffers from the same fatal defect as appellees' argument about the UNOS data. It is an elementary principle that the " law does not require the expert to testify that he or she is personally certain that the plaintiff would not have sustained the injuries [or would have received a liver transplant] but for the defendant's negligence." Psychiatric Inst. of Washington v. Allen, 509 A.2d 619, 624 (D.C.1986).
Finally, appellant also argues that " the trial court erred in not allowing Dr. Mezey to testify about the loss of a chance occasioned by the delay in transporting Mrs. Perkins to a transplant center." The " loss of chance of survival" doctrine is applicable in medical malpractice cases such as this that " involv[e] negligent treatment of a potentially fatal condition ... where ... the harm [alleged] appears to have been brought about by two or more concurrent causes."
Page 347
Grant v. American Nat'l Red Cross, 745 A.2d 316, 322 (D.C.2000) (internal quotation marks omitted and second alteration in original) (quoting Ferrell v. Rosenbaum, 691 A.2d 641, 651 (D.C.1997)).
At trial appellees did not state a basis for their objections to Dr. Mezey's testimony, yet the trial court sustained them, also without explanation. However, on appeal appellees object to Dr. Mezey's testimony that " there [was] a loss of opportunity to get a liver" because " of the delay" in getting Mrs. Perkins to a transplant center, because he lacked " sufficient foundation to support his opinion." For the reasons already discussed, we reject that argument and hold that the trial court erred in rejecting Dr. Mezey's training and experience as sufficient foundation to permit his expert opinion testimony that the eleven-day delay in admitting Mrs. Perkins to Georgetown following her discharge from Sibley caused her to lose the opportunity to obtain a life-saving liver transplant.
III. Conclusion
For the foregoing reasons, we reverse the decision of the Superior Court and remand for a new trial.
So ordered.
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|Post Trn TipPost Trn Tip
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Description/Uses/Merits of this ΣChain
Useful chain for leaving Nagpur early and reaching pune just 2hours after regular Nagpur-Pune trains.
13051/Σ Nagpur-Pune Daily Chain via Bhusaval ΣChain
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|Travel Time: 39h 50m 17 halts Distance: 2074 km 1 xfers
|Departs @ 20:15
Platform# ???
|Arrives @ 12:05 +2 nights
Platform# ???


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My second GigaPan. I managed to accidently have the camera set to shutter priority rather than manual, so it isn't quite as good as it could be. All in all not bad for the second attempt though! I also shot this as brackets so an HDR version will follow. See more of my work at krollimages.com
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Summer Concert Jamacian Jam
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Outside of the Livingston Campus Recreation gym, there is an outdoor basketball court where you can enjoy a game of basketball or just shoot hoops for fun.
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You cross the Chihuly Bridge of Glass to gain access to the Museum of Glass. This panoramic is of the Venetian Wall. The pedestrian sees an eighty-foot installation displaying 109 Chihuly sculptures. The Venetian Wall is a rich array of objects from three of Chihuly's series: Venetians, Ikebana, and Putti, which provid...


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BACK TOGETHER: One Direction reunite backstage at the X Factor to support Louis Tomlinson after mum's death
The boys joined Louis in his dressing room to support him after the death of his mum Johannah at the age of 43
Harry Styles, Niall Horan and Liam Payne were backstage in Louis's dressing room at the Wembley Arena as he performed just days after the tragic death of his beloved mother Johanna from leukaemia.
The chart-topping bandmates have not been in the same room together since last December after going on a long-term hiatus.
But an X Factor source revealed: "Harry, Niall and Liam all wanted to be there to support Louis tonight for what was undoubtedly one of the most difficult moments of his life.
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Louis tweeted on Saturday afternoon: "All the support has been incredible! Let's do this together tonight."


text:
Chile turning to solar energy in the Atacama Desert
15 April 2012 Last updated at 17:19 BST
Chile still very much relies on imported fossil fuels and hydropower, with only 4% of its energy needs being covered by non-conventional renewables.
And this, despite huge potential for solar energy in the Atacama Desert, where sun shines almost all year round.
Subsole, one of Chile's major fruit producers, decided to give solar energy a try, building a solar park in Copiapo Valley in the north of the country.
The firm's chief excecutive Jose Miguel Fernandez says that Chile should pay more attention to renewables.


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Check in from 14h / Check out prior to 11h
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Barton Associates
Locum Tenens
A rehab center for individuals suffering from substance abuse problems is looking for a psychiatrist who can work one day per week. Patients seen will be adult or elderly so adult/geriatric substance abuse/mental health experience is highly valued. The locum can expect to see six patients per day on this assignment.ResponsibilitiesAttention to Detail Job requires being careful about detail and thorough in completing work tasks.Integrity Job requires consistency of actions, methods, principles, expectations, and outcomes.Dependability Job requires having excellent attendance, being reliable, responsible, and fulfilling obligations.Analytical Thinking Job requires analyzing information and using logic to address work-related issues and problems.
this is NOT an opportunity for Search Firm recruiters.
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August 5, 2011
GAIL ANDERSON, PLAINTIFF,v.JEWEL FOOD STORES, INC., DEFENDANT.
On August 10, 2010, Plaintiff Gail Anderson ("Anderson") filed a two-count Complaint against her former employer Jewel Food Stores, Inc. ("Jewel") alleging violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq., and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq. Before the Court is Jewel's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(b). For the following reasons, the Court grants Jewel's summary judgment motion and dismisses this lawsuit in its entirety.
I. Northern District of Illinois Local Rule 56.1
Northern District of Illinois Local Rule 56.1 assists the Court by "organizing the evidence, identifying undisputed facts, and demonstrating precisely how each side propose[s] to prove a disputed fact with admissible evidence." Bordelon v. Chicago Sch. Reform Bd. of Trs., 233 F.3d 524, 527 (7th Cir. 2000). "The Rule is designed, in part, to aid the district court, 'which does not have the advantage of the parties' familiarity with the record and often cannot afford to spend the time combing the record to locate the relevant information,' in determining whether a trial is necessary." Delapaz v. Richardson, 634 F.3d 895, 899 (7th Cir. 2011) (citation omitted). Local Rule 56.1(a)(3) requires the moving party to provide "a statement of material facts as to which the moving party contends there is no genuine issue." Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009). "The opposing party is required to file 'a response to each numbered paragraph in the moving party's statement, including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon." Id. (citing N.D. Ill. R. 56.1(b)(3)(B)). Also, Local Rule 56.1(b)(3)(C) requires the nonmoving party to present a separate statement of additional facts that requires the denial of summary judgment. See Ciomber v. Cooperative Plus, Inc., 527 F.3d 635, 643-44 (7th Cir. 2008).
The purpose of Rule 56.1 statements is to identify the relevant admissible evidence supporting the material facts, not to make factual or legal arguments. See Cady v. Sheahan, 467 F.3d 1057, 1060 (7th Cir. 2006) ("statement of material facts did [] not comply with Rule 56.1 as it failed to adequately cite the record and was filled with irrelevant information, legal arguments, and conjecture"). Moreover, the requirements for responses under Local Rule 56.1 are "not satisfied by evasive denials that do not fairly meet the substance of the material facts asserted." Bordelon, 233 F.3d at 528. Meanwhile, it is well-established that "district courts are entitled to expect strict compliance with Local Rule 56.1." Raymond v. Ameritech Corp., 442 F.3d 600, 604 (7th Cir. 2006); see also Delapaz, 634 F.3d at 899 ("the obligation set forth in Local Rule 56.1 'is not a mere formality.'") (citation omitted). With these standards in mind, the Court turns to the relevant facts of this case.
II. Relevant Facts
Jewel is an Ohio Corporation that operates grocery stores and is registered to do business in Illinois. (R. 20, Def.'s Rule 56.1 Stmt. Facts ¶ 1.) Anderson, born in 1955, is an individual who resides in Oswego, Illinois and worked at several Jewel locations in Illinois at various times during a twenty-eight year time period. (Id. ¶¶ 2-4; R. 24, Pl.'s Rule 56.1 Stmt. Facts ¶ 1.) In May 2008, Jewel transferred Anderson to the Eola Jewel store in Aurora, Illinois to be the Bake Shop Manager. (Def.'s Stmt. Facts ¶ 7.)
Jewel maintains that it terminated Anderson's employment on June 4, 2008 because she violated Jewel's coding and food handling policies. (Id. ¶ 8.) To clarify, Jewel maintains detailed procedures for handling food products, including bakery items, and Jewel supervisors train employees on the policies and procedures for maintaining fresh products. (Id. ¶ 11.) Jewel's "Bakery Freshness Dating Procedures" specifically state: "Do not change the original product freshness date at anytime; Do not freeze fresh Bakery products." (Id. ¶ 12.) Relevant to this lawsuit, Jewel brownies remain frozen until they are ready to be put out for sale. (Id. ¶ 13; Pl's Stmt. Facts ¶ 5.) When the store is ready to use the brownies, bakery employees remove the brownies from the freezer to thaw, ice the brownies, and then cut them into packs labeling them with a three-day freshness code. (Def.'s Stmt. Facts ¶ 14.) If the brownies have not been sold at the end of three days, they must be discarded. (Id.) As a Bake Shop Manager, Anderson was responsible for knowing the bakery policies, implementing the policies, and training Jewel employees who worked for the Bake Shop about the policies. (Id. ¶ 15.)
The events leading to Jewel terminating Anderson's employment concern Jewel's "brownie break Monday" promotion. (Id. ¶ 17; Pl.'s Stmt. Facts ¶ 4.) Specifically, on Tuesday, May 12, 2008, Eola Store Director Dave Negron discovered a considerable amount of leftover brownies in an aisle by the Bake Shop. (Def.'s Stmt. Facts ¶ 18.) Anderson was not working on that day, so when she returned to the store on Wednesday, May 13, 2008, Negron asked her why there were so many leftover brownies. (Id. ¶¶ 19, 20; Pl.'s Stmt. Facts ¶ 25.) The parties dispute that Anderson told a Bake Shop employee to put the leftover fresh brownies back in the freezer with a new code. (Def.'s Stmt. Facts ¶¶ 21, 22; Pl.'s Stmt. Facts ¶¶ 25, 26.) In any event, Anderson admitted that she refroze fresh brownies because she had been trained to do so. (Def.'s Stmt. Facts ¶¶ 24, 25.) Anderson also admitted that there is no Jewel policy or procedure suggesting that refreezing the brownies was an appropriate practice. (Id. ¶ 27.)
Thereafter, Negron reported the situation to Associate Relations Manager Rich Ray, who directed Loss Prevention Manager John Sulak to perform an investigation. (Id. ¶ 28.) Sulak met with Anderson and questioned her about her "brownie break Monday" practices. (Id. ¶ 33.) Anderson provided Sulak with a written statement explaining her practice, namely, "the remaining packages from the table [] could be made into trays and a 18 day code would be used to the tray (party tray) [and then] put in our cake freezer." (Id. ¶¶ 33, 34.) Jewel put Anderson on suspension during this investigation and while on suspension, Anderson met with Sulak two other times and they discussed her written statement. (Id. ¶¶ 38, 39, 40.) Sulak asked Anderson if she wanted to change anything about her statement and she said no. (Id. ¶¶ 39, 40.)
Sulak's investigation did not reveal any support for the claim that Anderson had been trained to refreeze product. (Id. ¶ 41.) Sulak concluded that Anderson took fresh brownies that had a three-day freshness code, put them in new packages, gave them a new code, and then put them back in the freezer. (Id. ¶ 42.) Sulak reported these findings to Associate Relations Manager Ray after which Ray decided to terminate Anderson's employment for violating Jewel's coding and food handling policies. (Id.) On June 4, 2008, Negron told Anderson that she was being terminated for this violation. (Id. ¶¶ 43-46.)
Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). A genuine dispute as to any material fact exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 2510, 91 L. Ed. 2d 202 (1986). In determining summary judgment motions, "facts must be viewed in the light most favorable to the nonmoving party only if there is a 'genuine' dispute as to those facts." Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). The party seeking summary judgment has the burden of establishing that there is no genuine dispute as to any material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548, 91 L.Ed.2d 265 (1986). After "a properly supported motion for summary judgment is made, the adverse party 'must set forth specific facts showing that there is a genuine issue for trial.'" Anderson, 477 U.S. at 255 (quotation omitted).
I. ADA Claim
In the present summary judgment motion, Jewel first argues that Anderson has not set forth evidence establishing that she is a disabled within the meaning of the ADA. The ADA prohibits employers from discriminating against qualified individuals on the basis of their disability. See Lloyd v. Swifty Transp., Inc., 552 F.3d 594, 601 (7th Cir. 2009); 42 U.S.C. § 12112(a). If a plaintiff is "not disabled within the meaning of the Act, she is not protected by its substantive anti-discrimination provisions." Squibb v. Memorial Med. Ctr., 497 F.3d 775, 786 (7th Cir. 2007). The ADA defines "disability" as "(a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment." Miller v. Illinois Dep't of Transp., 643 F.3d 190, 195 (7th Cir. 2011) (quoting 42 U.S.C. § 12102(2)).
In her response brief, Anderson does not address Jewel's arguments that she failed to present evidence establishing that she was disabled within the meaning of the ADA. In fact, Anderson does not address her ADA claim in her response brief, but instead only argues that Jewel discriminated based on her age. Because Anderson has not addressed her ADA claim in her response brief, she has abandoned this claim. See Steen v. Myers, 486 F.3d 1017, 1020 (7th Cir. 2007) (absence of discussion amounts to abandonment of claims); Wojtas v. Capital Guardian Trust Co., 477 F.3d 924, 926 (7th Cir. 2007) (failure to offer any opposition to argument constitutes waiver). The Court therefore grants Jewel's motion for summary judgment as to Anderson's ADA claim, and thus turns to her arguments in support of her ADEA claim.
II. ADEA Claim
A plaintiff may establish an age discrimination claim under either the direct method or the indirect, burden-shifting method of proof as first articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Van Antwerp v. City of Peoria, Ill., 627 F.3d 295, 297 (7th Cir. 2010). Here, Anderson seeks to establish her age discrimination claim under both methods of proof.
A. Direct Method
"Under the direct method of proof, a plaintiff's claim survives summary judgment if she can demonstrate 'triable issues as to whether discrimination motivated the adverse employment action.'" Kodish v. Oakbrook Terrace Fire Protection Dist., 604 F.3d 490, 501 (7th Cir. 2010) (quoting Darchak v. City of Chicago Bd. of Educ., 580 F.3d 622, 631 (7th Cir. 2009)) (citation omitted); see also Davis v. Time Warner Cable of Se. Wis., L.P., ___ F.3d ___ 2011 WL 2611303, at *6 (7th Cir. July 5, 2011). A plaintiff can establish a triable issue by using either direct or circumstantial evidence. See Kodish, 604 F.3d at 501; Darchak, 580 F.3d at 681. "The focus of the direct method of proof [] is not whether the evidence offered is itself 'direct' or 'circumstantial' but rather whether the evidence 'points directly' to a discriminatory reason for the employer's action." Kodish, 604 F.3d at 501; see also Grisby v. LaHood, 628 F.3d 354, 358 (7th Cir. 2010). "Direct evidence would be an admission by the decisionmaker that the adverse employment action was motivated by discriminatory animus." Darchak, 580 F.3d at 631; see also Nagle v. Village of Calumet Park, Ill., 554 F.3d 1106, 1114 (7th Cir. 2009). Because such admissions are rare, plaintiffs often rely on circumstantial evidence of discrimination, including:
(1) suspicious timing, ambiguous oral or written statements, or behavior toward or comments directed at other employees in the protected group; (2) evidence, whether or not rigorously statistical, that similarly situated employees outside the protected class received systematically better treatment; and (3) evidence that the employee was qualified for the job in question but was passed over in favor of a person outside the protected class and the employer's reason is a pretext for discrimination.
Van Antwerp, 627 F.3d at 298; see also Troupe v. May Dep't Stores, Inc., 20 F.3d 734, 736 (7th Cir. 1994).
Anderson attempts to establish her age discrimination claim under the direct method of proof by presenting circumstantial evidence of age discrimination based on similarly situated comparators. Construing the evidence and all reasonable inferences in Anderson's favor -- as the Court is required to do at this procedural posture -- she presents evidence that her younger predecessor, Tina Wilde, who held the same position at the same store under the same store manager, committed policy violations weeks before Anderson, yet Jewel did not investigate, discipline, or terminate Wilde's employment.*fn1 (Pl.'s Stmt. Facts ¶¶ 29-33, 37.) Wilde, who was 45-years-old at the time of Anderson's termination, was working at the Yorkville, Illinois Jewel store while Anderson was Bake Shop Manager at the Eola store. (Id. ¶ 37, Def.'s Stmt. Facts ¶ 61.) Although Anderson argues that Wilde violated the same policies, Anderson admitted at her deposition that the coding issues that Wilde allegedly violated had nothing to do with repackaging products and putting new codes on them. (Def.'s Stmt. Facts ¶ 59.)
Nevertheless, whether Wilde violated similar or different policies is of no moment because Anderson's evidence -- viewed in her favor -- does not point directly to a discriminatory reason for her termination. See Van Antwerp, 627 F.3d at 298 ("Whatever circumstantial evidence is offered, however, must 'point directly to a discriminatory reason for the employer's action.'") (citation omitted). To clarify, "[e]vidence offered under the direct method 'must allow a jury to infer more than pretext; it must itself show that the decisionmaker acted because of the prohibited animus.'" Id. (citation omitted). Thus, even if Anderson had established that Jewel treated the 45-year-old Wilde more favorably or even lied about firing her based on the coding and food handling policies, there is simply no evidence in the record that Jewel fired Anderson based on her age. See id. at 298-99. In fact, Anderson admits that outside of the fact that Jewel did not discipline Wilde, there are no other facts supporting her belief that the person who decided to terminate Anderson's employment did so because of her age. (Def.'s Stmt. Facts ¶ 52.) Therefore, Anderson has failed to show that there is a genuine dispute as to any material fact that Jewel terminated her employment because of her age. See id. at 298-99. Without a minimal showing that the real reason for her termination was her age, Anderson's direct claim fails. See id. at 299; Runyon v. Applied Extrusion Tech., Inc., 619 F.3d 735, 741 (7th Cir. 2010) (plaintiff has "burden to show that age was the real reason for h[er] firing").
B. Indirect Method
To survive summary judgment on an age discrimination claim under the indirect method of proof, Anderson must show that: (1) she is a member of the protected class; (2) she was meeting Jewel's legitimate job expectations; (3) she suffered an adverse employment action; and (4) Jewel treated similarly situated employees outside of her protected class more favorably. See Naik v. Boehringer Ingelheim Pharm., Inc., 627 F.3d 596, 599-600 (7th Cir. 2010). If Anderson establishes all four of these prima facie elements, the burden then shifts to Jewel to offer a legitimate, nondiscriminatory reason for terminating Anderson's employment. See id. at 600; Martino v. MCI Comm'cn Servs., Inc., 574 F.3d 447, 453 (7th Cir. 2009). If Jewel meets this burden, Anderson must then demonstrate that Jewel's proffered reason is pretext for discrimination. See Naik, 627 F.3d at 600; Martino, 574 F.3d at 453.
The parties do not dispute that Anderson is over the age of 40 and that her termination was an adverse employment action -- the first and third elements of a prima facie age discrimination claim. The Court therefore turns to whether Anderson was meeting Jewel's legitimate job expectations and if Jewel treated similarly situated employees outside of her protected class more favorably.
1. Legitimate Job Expectations
The relevant inquiry under this prima facie element is whether Anderson was performing well enough to meet Jewel's legitimate job expectations at the time of her termination. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 635 (7th Cir. 2009). In response to Jewel's summary judgment motion, Anderson argues that she received "above expectations" reviews every year. (See Pl.'s Stmt. Facts ¶ 3.) Anderson's yearly reviews, however, are not relevant to whether she was meeting Jewel's legitimate job expectations in May 2008 when she violated the coding and food handling policies. See Weber v. Universities Research Ass'n, Inc., 621 F.3d 589, 594 (7th Cir. 2010) ("plaintiff bears the burden of showing that she was meeting her employer's expectations at the time of the adverse action") (emphasis in original). Indeed, viewing Anderson's job performance through the eyes of her supervisors at the time of her termination, Anderson has not presented evidence raising a genuine dispute as to any material fact that she was meeting Jewel's legitimate job expectations because she violated the food handling and coding policies in May 2008, see Gates v. Caterpillar, Inc., 513 F.3d 680, 689 (7th Cir. 2008), especially in light of her admissions that she refroze the brownies and that she was trained to throw away brownies that did not sell after three days. (Def.'s Stmt. Facts ¶¶ 24, 41.)
Jewel's decision to terminate Anderson's employment may not have been the best business decision, but federal courts do not sit as super-personnel departments with the authority to review employer's business decisions -- good or bad. See Silverman v. Board of Educ. of City of Chicago, 637 F.3d 729, 738 (7th Cir. 2011). As the Seventh Circuit has repeatedly explained, "when an employer articulates a plausible, legal reason for discharging the plaintiff, 'it is not our province to decide whether that reason was wise, fair, or even correct, ultimately, so long as it truly was the reason for the plaintiff's termination.'" Id. (citation omitted). Because Anderson has not presented sufficient evidence raising a genuine dispute as to material facts that she met Jewel's legitimate job expectations at the time of her termination, she has failed to establish the second prima facie element under the indirect method of proof.
2. Similarly Situated Comparator
Even if Anderson had set forth evidence raising a genuine dispute as to material facts that she met Jewel's job expectations, she has failed to present sufficient evidence that Jewel treated a similarly situated employee more favorably under the fourth prima facie element. "Similarly situated employees must be 'directly comparable to the plaintiff in all material respects, which includes showing that the co-workers engaged in comparable rule or policy violations.'" Naik, 627 F.3d at 600 (citation omitted). Again, Anderson identifies Wilde, the former Bake Shop Manager at the Eola store, as a similarly situated comparator. To establish the similarly situated element for purposes of the ADEA, Anderson has the burden of showing that Wilde is "substantially younger." See Nagle, 554 F.3d at 1118. To clarify, in the case of a younger employee comparator who falls above the age of 40, such as the Wilde, the age difference must be ten years or more to be presumptively substantial. See Martino, 574 F.3d at 454; Tubergen v. St. Vincent Hosp., 517 F.3d 470, 475 n.4 (7th Cir. 2008). Here, Wilde is eight years younger than Anderson, thus Anderson has not met the threshold requirement that Wilde was substantially younger under controlling Seventh Circuit case law. See Nagle, 554 F.3d at 1118; Tubergen, 517 F.3d at 475. Meanwhile, the woman who replaced Anderson as the Bake Shop Manager at the Eola store is seven years younger than Anderson. See O'Connor v. Consol. Coin Caterers Corp., 517 U.S. 308, 313, 116 S.Ct. 1307, 134 L.Ed.2d 433 (1996) (substantially younger replacement is a "reliable indicator of age discrimination"). Accordingly, Anderson has not presented sufficient evidence raising a genuine dispute as to any material fact that Jewel treated a similarly situated employee more favorably because there is no evidence in the record of a substantially younger comparator. Therefore, the Court grants Defendant's summary judgment motion as to Anderson's ADEA claim.
III. Causation
On a final note, Jewel's argument that Anderson must establish that her age was the "butfor" cause for her termination is misplaced. To clarify, under Seventh Circuit case law, at summary judgment a plaintiff need only present evidence "from which a reasonable jury could find causation; no more is necessary at this stage." Fairley v. Andrews, 578 F.3d 518, 526 (7th Cir. 2009); see also McDonough v. City of Chicago, 743 F.Supp.2d 961, 974 (N.D. Ill. 2010) ("at the summary judgment stage, the plaintiff simply must show that there is evidence from which a reasonable jury could find causation").
For the these reasons, the Court grants Defendant's motion for summary judgment brought pursuant to Federal Rule of Civil Procedure 56(b).
AMY J. ST. EVE United States District Court Judge
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Begbies Traynor builds on Oxford presence with new appointment
Career News
Julie Palmer - Regional Managing Partner | February 25th 2016More News by Julie Palmer
Business rescue and recovery specialist Begbies Traynor is building on its presence in Oxford with the appointment of a new Senior Manager.
Working out of the firm's Oxford Business Park office, Carolyn Meister will be supported by South West regional managing partner Julie Palmer and director Sally Richards.
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Julie Palmer said: "Carolyn is an incredibly experienced practitioner and a fantastic addition to Begbies Traynor's team in the south and west of England. Furthermore, we see this as a very timely appointment, as our latest research into financial distress levels shows that the number of Oxford businesses with problems is on the increase. We are certain Carolyn will add value to these struggling firms."
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About the author
Julie Palmer
Regional Managing Partner
Julie is a law graduate who qualified with Price Waterhouse in 1994. Julie joined Smith & Williamson in 1997 and became a partner in 2001. With Mike Stevenson, Julie set up Middleton Partners offices in Salisbury and Southampton, both of which are now part of Begbies Traynor.
Julie is a member of the Insolvency Practitioners Association and the None Administrative Receivers Association and is a Fellow of The Association of Business Recovery Professionals. Julie deals with all aspects of Corporate Recovery and turnaround work and takes all form of personal insolvency appointments.


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30th June 2011
Canon has released firmware version 220.127.116.11 that incorporates the following fixes and improvements:
- Adds a focal length guide to display the numeric value of the focal length position and a function to make fine adjustments to the camcorder's optical axis in order to assist 3D shooting.
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(740)This diverse 40+/- acre parcel is located in Brantwood in the middle of BIG BUCK country. The parcel has a year-round creek, wetlands, grassland, wooded cover (balsam & aspen) and about 15 acres of cut over aspen that is showing good regeneration. This is a good opportunity to own a piece of the Northwoods! Exact easement is being determined.
Features Residential
|Lot Size SqFt: 1742400
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|Zoning: Agricultural
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|Access Road: Easement
|Site Influence: Hunting, Level, Open Space, Private Setting, Recreation Nearby, Rural Setting, Stream/Creek, Wetlands, Wooded Area


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Missouri Girl Pens Touching Letter To Friend She Lost In A Fire
12-year-old Jesse Sims was killed in a house fire, which authorities say was caused by a lit stove.By Matt Picht | April 4, 2016
After 12-year-old Jesse Sims was killed in a house fire, his best friend wrote him a letter to let him know how much he was missed.
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Authorities in Gainesville, Missouri, say Jesse, his father Robert Sims and Sims' wife Kathy Baker died of smoke inhalation after a fire engulfed their mobile home. The fire is believed to have started after the kitchen stove was accidentally left on.


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Gender: Boy
Meaning: Patient, Servant of the mild
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Abdul Haleem is a Muslim Boy name, meaning of the name is Patient, Servant of the mild and origin of the name is Arabic. This name is mostly used in Muslim.
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Lace Overlay Dress
Elaborate textured lace bolsters the vintage-inspired silhouette of a belted, bateau-neck dress with sheer sleeves and tulle insets at the hem of its flouncy skirt. 40" length (size 8). Hidden back-zip closure. Lined. Black/Nude and Navy/Nude are 60% polyester, 40% nylon. Dry clean. By Tadashi Shoji; imported. Special Occasion. ® ... Learn More


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August 9, 2010 (Chinavestor) Shares of Chinese companies advanced in on Monday Asia despite a weak U.S. jobs report. The Hang Seng Index (INDEXHANGSENH:.HSI) rose 127.1 points or 0.6 percent to 21,678.80 while the Shanghai Composite Index (SHA:000001) advanced 37.6 points or 1.4 percent to 2,658.39. Investors in Hong Kong eyed U.S. market but turned optimistic on earnings outlook. A large number of earnings reports are due later in August for Chinese companies while investors bet on their resiliency to global foes.
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Be Live Family Costa los Gigantes
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Be Live Family Costa los Gigantes
About the hotel
Property Location
With a stay at Be Live Family Costa los Gigantes in Santiago del Teide (Puerto de Santiago), you'll be convenient to Oasis Los Gigantes Public Pool and Los Gigantes Beach. This 4-star resort is within close proximity of Los Gigantes Marina and Alcala Beach.
Make yourself at home in one of the 517 air-conditioned rooms featuring minibars (stocked with some free items). Rooms have private balconies. Wireless Internet access (surcharge) keeps you connected, and satellite programming is available for your entertainment. Private bathrooms with shower/tub combinations feature complimentary toiletries and bidets.
Relax at the full-service spa, where you can enjoy massages, body treatments, and facials. You're sure to appreciate the recreational amenities, which include 5 outdoor swimming pools, a nightclub, and a waterslide. Additional features at this resort include wireless Internet access (surcharge), babysitting/childcare (surcharge), and an arcade/game room.
This resort is all inclusive. Rates include meals and beverages at onsite dining establishments. Charges may be applied for dining at some restaurants, special dinners and dishes, some beverages, and other amenities.
Grab a bite to eat at one of the resort's dining establishments, which include 3 restaurants and a coffee shop/café. Thirsty? Quench your thirst at one of the 6 bars/lounges or 2 poolside bars. A complimentary breakfast is included.
Business, Other Amenities
Featured amenities include dry cleaning/laundry services, a 24-hour front desk, and multilingual staff. Free self parking is available onsite.
Hotel Facilities
- Spa services on site
- Number of bars/lounges - 6
- Outdoor tennis court
- Babysitting or childcare
- Billiards or pool table
- Gift shops or newsstand
- Nightclub
- Children's club
- Turkish bath/Hammam
- Television in common areas
- Year Built 2008
- Spa treatment room(s)
- Pool umbrellas
- ATM/banking
- Spa tub
- Children's pool
- Terrace
- Children's club (free)
- Tours/ticket assistance
- Elevator/lift
- Total number of rooms - 517
- Multilingual staff
- Smoke-free property
- Parking (limited spaces)
- WiFi (surcharge)
- Number of restaurants - 3
- Number of buildings/towers - 15
- Laundry facilities
- Coffee shop or café
- Pool sun loungers
- Snack bar/deli
- Luggage storage
- Supervised childcare/activities (free)
- Garden
- Free self parking
- Sauna
- Safe-deposit box at front desk
- Number of outdoor pools - 5
- Full-service spa
- Dry cleaning/laundry service
- Number of poolside bars - 2
- Hair salon
- Steam room
- Babysitting or childcare (surcharge)
- Number of floors - 3
- 24-hour front desk
- Indoor pool
- Shopping on site
- Free parking nearby
- Free breakfast
- Waterslide
- Fitness facilities
- Arcade/game room
Room Facilities
- WiFi (surcharge)
- In-room safe
- Minibar (stocked, some free items)
- Hair dryer
- Phone
- Desk
- Free cribs/infant beds
- Sofa bed
- Private bathroom
- Shower/tub combination
- Air conditioning
- Daily housekeeping
- Free toiletries
- Satellite TV service
- Bidet
- Television
- Balcony
Hotel Policy
Know Before You Go
- Cash transactions at this property cannot exceed EUR 2500, due to national regulations. For further details, please contact the property using information in the booking confirmation.
- Reservations are required for massage services and spa treatments. Reservations can be made by contacting the resort prior to arrival, using the contact information on the booking confirmation.
- A fee for a mandatory Christmas Day gala dinner is included in the total price displayed for stays on 25 December.
- A fee for a mandatory New Year's Eve gala dinner is included in the total price displayed for stays on 31 December.
- Up to 2 children 2 years old and younger stay free when occupying the parent or guardian's room, using existing bedding.
- Only registered guests are allowed in the guestrooms.
- Some facilities may have restricted access. Guests can contact the property for details using the contact information on the booking confirmation.
The following fees and deposits are charged by the property at time of service, check-in, or check-out.
- Fee for in-room wireless Internet: EUR 4 per night (rates may vary)
- Fee for wireless Internet in public areas: EUR 4 per day (rates may vary)
The above list may not be comprehensive. Fees and deposits may not include tax and are subject to change.
Mandatory Fees and Taxes
The charges below are included in your overall room price:
- New Year's Eve gala dinner fee
- Christmas Day gala dinner fee
We have included all charges provided to us by the property. However, charges can vary, for example, based on length of stay or the room you book.Show all hotel policy Show less hotel policy