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United States District Court, C.D. Illinois, Rock Island Division
August 19, 2014
PAUL ECKERMANN, Plaintiff,v.CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.
SARA DARROW, District Judge.
Plaintiff Paul A. Eckermann appeals the final decision of Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration ("the Commissioner"), denying his applications for Child's Insurance Benefits ("CIB") and Supplemental Security Income ("SSI") under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. This matter comes before the Court on the Plaintiff's Motion for Summary Judgment, ECF No. 11, and Defendant's Motion for Summary Affirmance, ECF No. 14. For the following reasons, the Court GRANTS Plaintiff's Motion for Summary Judgment and DENIES Defendant's Motion for Summary Affirmance.
I. Facts
Eckermann began psychiatric treatment in April 2004, at the age of 17, for paranoid schizophrenia and extreme anxiety symptoms. R. 22, 41. Despite his mental difficulties, with the help of special accommodations for students with disabilities, he graduated college a semester early with a degree in business management. R. 41-42. He played varsity tennis for one year while in college, sometimes traveling with the team. R. 45-46. He had two hospital stays for psychotic breakdowns during this period. R. 22. Eckermann claims his symptoms worsened following graduation, and he found himself taking additional medication to combat more severe anxiety. R. 50-51. The medication caused daytime drowsiness, but Eckermann eventually switched to a medication with fewer side effects, and his fatigue lessened. R. 51.
After graduation, he was hired to work as an item manager at the Rock Island Arsenal for the U.S. Department of Defense. R. 42-43. He left that job after about three months because he found the job "overwhelming" and "stressful" and felt that he was not performing well enough. R. 52. He then worked part-time at the front desk of a tennis club, but quit after about a month due to finding it "very stressful" and experiencing "trouble dealing with the large groups of people sometimes that would come in." R. 45. Eckermann claims that increased responsibilities exacerbate his anxiety, causing rapid thoughts, confusion, and feelings of being overwhelmed. R. 52-53. Eckermann also worked part-time as a tennis instructor from June 2003 to June 2004, a library page for a few weeks in August 2005, a bank teller trainee for a few days in January 2005, a grocery clerk in training for a day in March 2008, and an usher at a movie theater for a few weeks in December 2005. R. 276-87. He claims he left these positions due to anxiety, discomfort around crowds, and fear of other workers. See R. 286-87.
According to Dr. Collin Andrew Lodico, a psychologist who has been treating Eckermann since high school, Eckermann successfully controls his active delusions and hallucinations through medication. R. 54-57. However, Eckermann still has a poverty of speech attributable to his schizophrenia, as well as anxiety that interferes with his focus, concentration, and work pace, and leads-when outside a supportive environment like his home-to ruminative and obsessive thoughts and anxiety-related behaviors such as agitation. R. 61-63. The psychologist claims that Eckermann's symptoms become more pronounced in work settings, especially in the absence of constant reassurance. R. 62-63.
II. Procedural History
Eckermann's father filed for CIB on his behalf on July 1, 2010. R. 153-156. Eckermann also protectively filed a SSI claim on September 8, 2010. R. 160-164. Eckermann claimed that his ability to work was limited by schizophrenia/generalized anxiety disorder beginning April 1, 2004. R. 22. His applications were denied on August 25, 2010. R. 91. Eckermann requested reconsideration and was denied a second time on October 21, 2010. R. 92. Eckermann requested a hearing, which was held via video conference on January 19, 2012, before Administrative Law Judge ("ALJ") Diane R. Flebbe. R 18-31. ALJ Flebbe found that Eckermann has two severe impairments: schizophrenia and generalized anxiety disorder. R. 21. The ALJ found that these impairments or combination thereof did not meet or medically equal the severity of one of the listed impairments in 20 C.F.R. §§ 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, and 416.926) ("Listing of Impairments"). Id .
The ALJ then found that Eckermann retained the Residual Functional Capacity ("RFC") to perform:
A full range of work at all exertional levels but with the following nonexertional limitations: he requires unskilled work that is routine and repetitive, and requires no production paced activities; he requires employment that has no work interaction with the general public and only occasional and superficial work interaction with co-workers and supervisors, other than additional supervision of 2-3 minutes per hour to provide assistance by supervisors with redirection and remaining on task; [he] is limited to only occasional decision making and only within the context of simple and routine tasks described above; and, finally, [he] requires work that avoids all exposure to hazardous work environments such as dangerous machinery and unprotected heights.
R. 22. Based on the testimony of a vocational expert, Alfred Walker, ALJ Flebbe found that there were a significant number of jobs in the local and national economy that Eckermann could perform, such as housekeeper, laundry worker, and marker. R. 84-85. As a result of this analysis, the ALJ found that Eckermann was not disabled between April 1, 2004, and February 21, 2012. R. 31. On December 4, 2012, the Appeals Council denied Eckermann's request for review, making the ALJ's decision final. R. 1. Eckermann filed the instant action on April 10, 2013, requesting the Court's review of the ALJ's decision pursuant to 42 U.S.C. § 405(g).
I. District Court Review of the ALJ Decision
The Court's function on review is not to try the case de novo or to supplant the ALJ's findings with the Court's own assessment of the evidence. See Schmidt v. Apfel , 201 F.3d 970, 972 (7th Cir. 2000); Pugh v. Bowen , 870 F.2d 1271, 1274 (7th Cir. 1989). Instead, the Court's role is to determine whether the ALJ's findings were supported by substantial evidence and whether the proper legal standards were applied. See Cannon v. Apfel , 213 F.3d 970, 975 (7th Cir. 2000). To determine whether substantial evidence exists, the Court reviews the record as a whole but does not reconsider facts, reweigh evidence, resolve conflicts in evidence, or decide questions of credibility. See id. (citing Williams v. Apfel , 179 F.3d 1066, 1072 (7th Cir. 1999)). Substantial evidence is defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. See Richardson v. Perales , 402 U.S. 389, 401 (1971); Henderson v. Apfel , 179 F.3d 507, 512 (7th Cir. 1999). Even if reasonable minds could differ concerning a disability determination, the ALJ's decision must be affirmed if it is adequately supported. See Elder v. Astrue , 529 F.3d 408, 413 (7th Cir. 2008). Indeed, "[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive." 42 U.S.C. § 405(g); Powers v. Apfel , 207 F.3d 431, 434 (7th Cir. 2000).
Although great deference is afforded to the determination made by the ALJ, the Court does not "merely rubber stamp the ALJ's decision." Scott v. Barnhart , 297 F.3d 589, 593 (7th Cir. 2002) (citations omitted). Rather, the ALJ's decision must "sufficiently articulate their assessment of the evidence to assure us that they considered the important evidence and to enable us to trace the path of their reasoning." Id . at 595 (quoting Hickman v. Apfel , 187 F.3d 683, 689 (7th Cir. 1999)). The ALJ has a duty to "minimally articulate his or her justification for rejecting or accepting specific evidence of disability." Scheck v. Barnhart , 357 F.3d 697, 700 (7th Cir. 2004) (citing Steward v. Bowen , 858 F.2d 1295, 1299 (7th Cir. 1988)).
Further, the ALJ's decision must build an accurate and logical bridge between the evidence and the ultimate conclusions. Parker v. Astrue , 597 F.3d 920, 921 (7th Cir. 2010); Scott , 297 F.3d at 595. "Although the ALJ need not discuss every piece of evidence in the record, he must confront the evidence that does not support his conclusion and explain why it was rejected." Indoranto v. Barnhart , 374 F.3d 470, 474 (7th Cir. 2004) (citing Kararsky v. Barnhart , 335 F.3d 539, 543 (7th Cir. 2002)). If there is an error of law, "reversal is, of course, warranted irrespective of the volume of evidence supporting the factual findings." Schmoll v. Harris , 636 F.2d 1146, 1150 (7th Cir. 1980).
II. Entitlement to Benefits
In order to be entitled to Supplemental Security Income ("SSI") and/or Child's Insurance Benefits ("CIB"), a claimant must show that his inability to work is medical in nature and that he is totally disabled. Economic conditions, personal factors, financial considerations, and attitudes of employers are irrelevant in determining whether a claimant is eligible for disability benefits. See 20 C.F.R. §§ 404.1566, 416.966. For CIB, a claimant must be under 18 years of age, or 18 years or older and have a disability that began before he turned 22 years old. See 20 C.F.R. §§ 404.350. The establishment of disability under the Social Security Act is a two-step process.
First, the claimant must be suffering from a medically determinable physical or mental impairment, or combination of impairments, which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months. 42 U.S.C. § 1382c(a)(3)(A). Second, there must be a factual determination that the impairment renders the claimant unable to engage in any substantial gainful employment. See McNeil v. Califano , 614 F.2d 142, 143 (7th Cir. 1980). This factual determination is made by using a five-step test. See 20 C.F.R. §§ 404.1520, 416.920.
The five-step test requires to the ALJ to evaluate whether the claimant:
1) Has not, during the relevant time period, performed any substantial gainful activity;
2) Suffers from an impairment that is severe or whether a combination of his impairments is severe;
3) Suffers from an impairment which matches or is substantially equivalent to an impairment in the Listing of Impairments;
4) Is unable to perform his former occupation; and
5) Is unable to perform any other work within the national economy.
An affirmative answer at steps 1, 2, or 4 leads to the next step of the test. An affirmative answer at steps 3 or 5 leads to a finding that the claimant is disabled. Conversely, a negative answer at any point, other than at step 3, stops the inquiry and leads to a determination that the claimant is not disabled. Zurawski v. Halter , 245 F.3d 881, 886 (7th Cir. 2001). A negative answer at step 3 requires the ALJ to proceed to step 4, where the ALJ will make a finding about the claimant's RFC based on all relevant medical and other evidence. 20 C.F.R. § 404.1520(e). The RFC "measures the claimant's capacity to engage in basic work activities. If the claimant's RFC permits him to perform his prior work, benefits are denied." Bowen v. New York , 476 U.S. 467, 471 (1986) (citing 20 C.F.R. §§ 404.1520(e), 416.920(e)). If, on the other hand, the claimant cannot perform his past relevant work, then the RFC is used in step 5 to determine whether the plaintiff can adjust to other work. 20 C.F.R. § 404.1520(e).
The claimant has the burden of production and persuasion at steps 1 through 4. But once the claimant shows an inability to perform past work (step 4), the burden shifts to the Commissioner to show that the claimant is able to engage in some other type of substantial gainful employment (step 5). Tom v. Heckler , 779 F.2d 1250, 1252-53 (7th Cir. 1985).
Eckermann argues that the ALJ erred by failing to give proper weight to the opinions of his two treating physicians, Dr. Lodico and Dr. William Nissen. Pl.'s Mem in Supp. Mot. Summ. J. 7, ECF No. 11-1. In doing so, Eckermann additionally argues, the ALJ failed to adequately explain why Dr. Nissen's description of his anxiety symptoms did not qualify him as disabled under the Listing of Impairments. Id. at 12-13.
I. Deference to Physicians' Opinions
A. Legal Framework
In order to determine a claimant's RFC, an ALJ must determine what weight to give the opinions of his treating physicians. 20 C.F.R. § 404.1527. The general rule is that a treating physician's opinion is entitled to controlling weight if it is supported by medical evidence that is not inconsistent with other evidence in the record. Gudgel v. Barnhart , 345 F.3d 467, 470 (7th Cir. 2003). This "treating physician rule" is a two-step inquiry that the ALJ must conduct when determining the claimant's RFC if a treating physician's opinion is part of the record. First, the ALJ must determine if the physician's findings are supported by the medical findings and consistent with other substantial evidence on the record. If so, the physician's opinion is given controlling weight. Schmidt v. Astrue , 496 F.3d 833, 842 (7th Cir. 2007). On the other hand, if an ALJ determines that a treating physician's opinion does not deserve controlling weight, then the ALJ must consider factors outlined in the regulations to determine what weight it deserves. Moss v. Astrue , 555 F.3d 556, 561 (7th Cir. 2009). Those factors are: (1) the length, nature, and extent of the treatment relationship; (2) the frequency of examination; (3) the supportability of the opinion; (4) the consistency of the opinion with the record; (5) the specialization of the treating source; and (6) other factors that tend to support or contradict the opinion. 20 C.F.R. § 404.1527(c). If an ALJ rejects a treating physician's medical opinion because it is inconsistent with other evidence in the record, he must articulate his reasons for doing so. Barthelemy v. Barnhart , 107 F.App'x 689, 693 (7th Cir. 2004); see 20 C.F.R. § 404.1527(d)(2).
B. Analysis
Eckermann argues that the ALJ erred by failing to consider Dr. Lodico's opinion that Eckermann would require "constant reassurance and a very understanding employer due to his anxiety" and by improperly rejecting the Global Assessment Functioning ("GAF") score of 45 assigned to Eckermann by Dr. Nissen. Pl.'s Mem. in Supp. Mot. Summ. J. 11-12.[1]
1. Dr. Lodico's Opinion
The need for a reassuring and patient employer may be an unusual work limitation, but its oddity does not justify the ALJ in entirely ignoring a treating physician's opinion when making her RFC determination. The ALJ expressly incorporated Dr. Lodico's other opinions into her RFC, but did not address Dr. Lodico's oft-repeated statement that Eckermann needs "constant reassurance and a very understanding employer due to his anxiety." R. 26-27. Even if this opinion related to work limitations flowing from Eckermann's mental condition, as opposed to a diagnosis of that condition itself, it nevertheless constitutes a medical opinion and the ALJ had a duty to explain if and why it was not being credited. See 20 C.F.R. § 404.1527(a)(2) (defining "medical opinion" to include physician's judgment about claimant's mental restrictions and what he "can still do despite impairment(s)"); Collins , 324 F.App'x at 520.
2. Dr. Nissen's GAF
A GAF score does not singly dictate an ALJ's finding of disability. See Walters v. Astrue , 444 F.App'x 913, 919 (7th Cir. 2011); Denton v. Astrue , 596 F.3d 419, 425 (7th Cir. 2010). GAF scores are "useful for planning treatment, " but do not necessarily reflect a patient's functional level. Denton , 596 F.3d at 425. Rather than rely solely on the bare numerical score, an ALJ may consider the clinician's explanation of impairments that accompanies the score. Id. Moreover, a GAF score represents a "snapshot" of the claimant at a particular moment, and does not necessarily reflect their condition in the long term. See Punzio v. Astrue , 630 F.3d 704, 710 (7th Cir. 2011). However, if an ALJ rejects a GAF score, the Court must ensure the ALJ properly considered the evidence in doing so. See, e.g., Yurt v. Colvin , No. 13-2964, 2014 WL 3362455, at *8 (7th Cir. July 10, 2014); Walters , 444 F.App'x at 919. When determining whether the evidence supports a treating physician's opinion, an ALJ may not substitute his own lay judgment that a claimant's ability to engage in certain activities belies his doctor's diagnosis. See Rohan v. Charter , 98 F.3d 966, 970 (7th Cir. 1996); Schmidt v. Sullivan , 914 F.2d 117, 118 (7th Cir. 1990) ("Common sense can mislead; lay intuitions about medical phenomena are often wrong.") ALJs must resist "the temptation to play doctor." Rohan , 98 F.3d at 970.
Dr. Nissen assigned Eckermann a 45 GAF score on October 17, 2011. R. 632. A GAF score between 41 and 50 denotes "[s]erious symptoms (e.g., suicidal ideation, severe obsessive rituals, frequent shoplifting) or any serious impairment in social, occupational, or school functioning (e.g. no friends, unable to keep a job).'" Williams v. Colvin , No. 13-3607, 2014 WL 2964078, at *3 (7th Cir. July 2, 2014) (quoting Am. Psychiatric Ass'n., Diagnostic and Statistical Manual of Mental Disorders 34 (4th ed. 2000)). Dr. Lodico similarly noted that Eckermann had a GAF score of 50-which bears the same functional meaning as a 45, see id. -on his Mental Residual Functional Capacity Questionnaire of January 6, 2012. R. 688. He indicated, moreover, that 50 was Eckermann's highest GAF score throughout the preceding year. Id. In this context, Dr. Nissen's GAF assessment was no aberrant score with little probative value, but emblematic of multiple treating physicians' assessments over a longer term. See Punzio , 630 F.3d at 710.
The ALJ rejected this GAF on the basis that Eckermann "sat quietly, or did well, or was in stable condition" in all his sessions with Dr. Nissen from August 2010 to October 2011. R. 27, 623-33. The ALJ fails to note that, throughout those visits, Dr. Nissen maintained his same diagnosis-that Eckermann suffers from schizoaffective disorder and paranoia exacerbated by stress-and that on each visit, Eckermann was accompanied by at least one, often both, of his parents, whose presence, his doctors have found, ameliorates his symptoms. See id. Rather than examining whether Dr. Nissen's opinion was supported by and inconsistent with medical evidence, see Gudgel , 345 F.3d at 470, the ALJ improperly rejected that opinion on the basis of her lay intuition about what Eckermann's demeanor during his treatment sessions implied about his mental and social functioning. See Rohan , 98 F.3d at 970. And, in doing so, the ALJ failed to explain, or even note, significant evidence supporting Dr. Nissen's GAF but calling her own assessment into question. See Indoranto , 374 F.3d at 474.
Such errors and omissions in weighing treating physicians' opinions warrant remand. See, e.g., Collins , 324 F.App'x at 521. On remand, the ALJ must apply the governing standard and grant proper weight to all of Eckermann's treating physicians' opinions, or sufficiently explain her reasons for rejecting those opinions in light of the record evidence as a whole.
II. Equivalency to Listed Impairments
An ALJ must mention and provide sufficient analysis of relevant listings when finding a claimant not disabled under the List of Impairments. See Brindisi ex rel. Brindisi v. Barnhart , 315 F.3d 783, 786 (7th Cir. 2003). Failing to discuss relevant evidence in light of a listing's analytical framework hinders the court's review of whether the ALJ's factual assessment adequately addressed the listing's criteria. See Giles ex rel. Giles v. Astrue , 483 F.3d 483, 487 (7th Cir. 2007) (citing Scott , 297 F.3d at 595). The ALJ must "build an accurate and logical bridge from the evidence to [the] conclusion'" so that the reviewing court "may assess the validity of the agency's final decision and afford [the claimant] meaningful review." Id. (quoting Scott , 297 F.3d at 595). Conclusory claims that limitations do not meet the criteria are insufficient. See id. at 488. Additionally, the ALJ must explain "why strong evidence favorable to the plaintiff is overcome by the evidence on which [the] ALJ relies." Id.
Listing 12.06 addresses anxiety disorders, and requires that a claimant's impairment meets the criteria in paragraph A and either paragraphs B or C. 20 C.F.R. §§ 404, Subpart P, Appendix 1. In determining that Eckermann's anxiety did not meet or equal Listing 12.06, the ALJ discusses in some detail why Eckermann's symptoms do not qualify under Paragraph B. See R. 21, 24-25. However, her discussion of Eckermann's qualification under Paragraph C is limited to: "The undersigned has also considered whether the paragraph C' criteria are satisfied. In this case, the evidence fails to establish the presence of the paragraph C' criteria." R. 21.
This conclusory statement fails to examine evidence relevant to paragraph C and to build a logical bridge from that evidence to the ALJ's decision. See Giles , 483 F.3d at 487-88. Omitting such analysis prevents the Court from meaningfully determining whether this finding is supported by substantial evidence. See Scott , 297 F.3d at 595. On remand, therefore, the ALJ must sufficiently analyze evidence pertaining to the relevant listings so that the Court may meaningfully review her conclusions regarding Eckermann's disability status.
Plaintiff's Motion for Summary Judgment, ECF No. 11, is GRANTED, and Defendant Commissioner's Motion for Summary Affirmance, ECF No. 14, is DENIED. The decision of the Commissioner is vacated, and this case is remanded for further proceedings consistent with this order.
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New Jersey Superior Court, Chancery Division
Decided: April 5, 1989.
Kentz, P.J.Ch.
[235 NJSuper Page 258] This is a motion submitted by the Attorney General of New Jersey as a representative of the public interest in the charitable
[235 NJSuper Page 259]
bequests of Edward J. Grassman. The Attorney General seeks an order appointing, at trust expense, an accountant to audit the first intermediate account and supporting documents of the charitable residuary trust created under the Last Will and Testament of Edward J. Grassman.
In support of the motion the certification of Deputy Attorney General William Malloy is submitted.
The basic operative facts are as follows:
The Attorney General is an interested party in the proceeding to settle the account of the trustees under the charitable residuary trust of Edward J. Grassman. This motion for an accounting at trust expense is prompted by the size of the trust, the market value of the trust assets, and the complexity of the trust's financial and business activities.
The Attorney General maintains that during the over seven years covered by this accounting, August 1, 1979 through December 31, 1986, the trust had major interests in several closely held corporations that were liquidated or sold. In addition, six substantial properties which the trust owned or in which the trust had an interest were sold. Two properties were sold at a loss. The total sale price of the lands approximated $1,474,500. Moreover, the Attorney General contends that numerous business and financial decisions of great complexity and subtlety were made by the trustees, evidenced by their description of the decedent's business activities as "complex" and "interwoven" in their joint affidavit of services. Consequently, the Attorney General states that as the sole party in interest, it is charged with the responsibility of assuring that the trust has been properly managed; however, the Attorney General does not have the personnel or experience to adequately review the accounting and supporting documents of the $30 million dollar trust. No other entity is performing such an audit. The Attorney General contends that the procedure utilized by the Clerk of the Court pursuant to R. 4:87-5 does not go beyond the accounting itself to look at supporting documents much like a
[235 NJSuper Page 260]
certified public accountant would. Moreover, the focus of the Clerk is to see only that the accounting is internally accurate and that the applicable statutes are complied with.
The Attorney General maintains that an accountant should be appointed to audit the first immediate account and supporting documents of the Grassman trust to aid the Attorney General in the review. The Attorney General further maintains that having the trust pay for this audit out of income will cause no harm since the charitable beneficiaries will be paying an expert to protect their interests regardless.
In opposition to the motion the trustees/plaintiffs (hereinafter trustees) submitted a legal brief which contends that as counsel fees cannot be awarded an Attorney General while performing duties as parens patriae, neither should costs and fees be withdrawn from the trust estate to pay for a supplemental accounting. In support of this contention the trustees rely on the language of In Re Katz' Estate, 40 N.J. Super. 103 (Ch.Div.1956). The Katz court focused on a request by the Attorney General for an award of counsel fees to be taken from the trust estate. The court denied the request noting that where the Attorney General appeared as counsel for charitable trusts, counsel fees would not be awarded to the State for services because the Attorney General acts for the public at large and the public, not the trust, should stand the expense. Id. at 108.
The trustees contend further that the services to be rendered by the Attorney General in this matter involve essentially legal services and not the services of an accountant; thus, there is no need for the appointment of a certified public accountant to review specific acts and transactions that an attorney can ably manage.
Finally, the trustees maintain that they have already paid the sum of $18,705.80 to the Clerk of the Superior Court as a fee for the Clerk's audit of the first intermediate account. The audit was conducted pursuant to R. 4:87-5 and the costs borne by the trustees pursuant to N.J.S.A. 22A:2-15. The trustees
[235 NJSuper Page 261]
assert that to impose such a second audit fee upon this trust to duplicate the work already performed by the Clerk of the Court at the mere request of the Attorney General is unfair and unreasonable.
Based upon the foregoing, the trustees request that the Attorney General's motion for an accounting at trust expense be denied.
Among the common-law duties of the Attorney General is the enforcement of public charities. The State, as parens patriae, is the guardian of public charitable trusts and enforces them through the Attorney General, who is the protector of the common interest therein. It is the duty of the Attorney General to protect the common interest or the general public interest in these trusts. Katz, 40 N.J. Super. at 107; citing Passaic Nat. Bank & Trust Co. v. East Ridgelawn Cemetery, 137 N.J. Eq. 603 (E. & A.1946).
As indicated, the Katz court denied the request of the Attorney General for counsel fees payable out of the charitable trust therein involved. In doing so, the court noted, as is the case under the present circumstances, that the Attorney General cited no case in support of the application. More importantly, in the present case, as in Katz, the Attorney General is representing the entire public of New Jersey in performing one of the basic functions of the office, to wit: the protection of the common interest in a charitable trust. Katz acknowledged that to make such an allowance would result in casting the burden of litigation involving a charitable trust upon the particular trust so concerned in specific litigation and remove the burden from the public at large. Katz, 40 N.J. Super. at 108. In connection with the Attorney General's request, the Katz court noted that the services rendered by the Attorney General "were for the public at large and not for a special group," indicating that no rationale existed for charging the trust fund itself for payment of those services. Id. This being so, "the public at large must stand the [financial] burden since the public receives the benefit." Id.
[235 NJSuper Page 262]
I find that the Katz reasoning is legally as well as equitably sound and should be followed under the circumstances existing in this matter. The trustees have previously paid the sum $18,705.80 from the trust estate to the Clerk of the Superior Court as the fee for the audit and review of the first intermediate account. The audit was conducted in accordance with the mandate of R. 4:87-5. No other audit, accounting or review is required under the court rules or by statute. I find that a second audit or accounting may be accomplished at the discretion of the Attorney General but in no event should the trust be compelled to pay for it. To do otherwise would be fundamentally unfair and in derogation of the Katz reasoning. The trust should not be subjected to a second audit fee after it has paid the only audit fee required. The public at large must sustain this burden, not the beneficiaries of the charitable trust, since the public receives the benefit. Id. at 109. There is no sound reason at law or in equity for finding otherwise.
Accordingly, based upon the foregoing, I am granting the motion of the Attorney General insofar as it seeks the court's authorization to conduct a second audit. The motion is denied, however, with respect to the payment of costs, fees, and expenses from the trust estate to accomplish the supplemental audit.
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New Poll Proves Polls This Early Are Mostly Unhelpful
Polls this far out aren't really indicative of how it's all going to shake out in November.By Eugene Daniels | May 18, 2016
Another day, another presidential poll. And this one has lots of people freaking out. A brand-new Fox News poll found Donald Trump beats Hillary Clinton by three points, which is a statistical tie. That's a 10-point swing from the same poll last month when Clinton edged out Trump by 7 percent.
As we get closer to the actual election, we'll have polls on top of polls on top of polls. But there's one thing to keep in mind: Polls this far out aren't really indicative of how it's all going to shake out in November.
Regardless, the results feed into the narratives of both of Clinton's rivals; Bernie Sanders can use this as proof he'd make a better general election candidate than Clinton, while Trump can just tout the numbers as evidence he has more support than Clinton.


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Ishizuka Kengo has started working as a teacher at the school he graduated from and has been given the job of taking care of the old school building until it gets demolished. While for others that task may have been troublesome for him it is an opportunity to satisfy his dark desires, and he wastes no time doing so...
Ishizuka«s first target is Morimiya Saki, a student at the school, but soon he also targets Saki»s friend Arisa, Saki's woman Rie, and another teacher at the school Mashima Mikako. What awaits these four at the hands of the sadistic teacher?.
Total size: 956.8 MB in 2 files.


text:
Spicy Sweet Potato Frites
- 2 pounds sweet potatoes (4 medium)
- 2 quarts vegetable or peanut oil, for frying
- Spice Blend, recipe follows
- Spice blend:
- 1 teaspoon kosher salt
- 1 teaspoon garlic salt
- 1/4 teaspoon cayenne pepper
- 1/4 teaspoon chili powder
- 1/4 teaspoon ground black pepper
- 1/2 teaspoon paprika
- 1/4 teaspoon ground dried thyme
- 1/4 teaspoon ground dried oregano
Peel potatoes and cut into 1/4-inch matchsticks. Heat oil to 300 degrees F. "Blanch" fries for 2 minutes and let cool. Heat oil to 350 degrees F. Fry for 3 minutes, or until fries are brown and rise to the top. Sprinkle with the spice blend.
Toss all the spices together in a large bowl. Store in an airtight container.
Recipe courtesy of Tanya Holland
CATEGORIES:View All
Cooking Tips
More Recipes and Ideas
Spicy Sweet Potato Casserole
Recipe courtesy of Marcela Valladolid
Spicy Sweet Potato Fries
Recipe courtesy of Food Network Kitchen


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Sandvik Coromant DNMG 332-MF 3/8" iC T-Max P Carbide Turning Insert - 2-Pk
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Check in from 15h / Check out prior to 12h
Embassy Suites Hotel Columbus: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Columbus, United States.
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July 17, 1975
UNITED STATES OF AMERICAv.JOHN J. DUFFY, JR., APPELLANT.
Opinion of the Court
Per Curiam: By an information filed June 1, 1973, defendant John J. Duffy, Jr., was charged with willful failure to make income tax returns for the years 1969 through 1971, inclusive. See 26 U.S.C. § 7203 (1970). The case was submitted to a jury in the United States District Court for the Eastern District of Pennsylvania on a record consisting entirely of stipulated evidence. The jury found the defendant guilty as charged. After denying defendant's posttrial motions, the district court suspended imposition of sentence and placed defendant on probation for a period of two years. Defendant appealed; we affirm.
Defendant raises only two contentions on appeal: (1) the evidence was insufficient to support the jury's finding of willfulness, and (2) the district court erred in instructing the jury on the issue of willfulness. We shall discuss both contentions briefly.
In assessing the sufficiency of this record, we must view the evidence in the light most favorable to the Government. Glasser v. United States , 315 U.S. 60, 80 (1942); United States v. Greenlee , No. 74-2106, at 4 (3rd Cir., May 28, 1975). Defendant is a lawyer who received his legal education at Villanova Law School. He graduated fifteenth out of a class of 58 and passed a course in Federal Income Taxation. From July 1969 until July 1970, defendant practiced law in partnership with Michael Kean, who prepared and filed partnership information returns for the calendar years 1969 and 1970. Kean discussed the partnership returns with defendant and provided him copies thereof.
Defendant received gross income of $29,621.82 in 1969, $30,271.61 in 1970, and $80,398.29 in 1971. Defendant nonetheless failed to file tax returns for the calendar years 1969, 1970, and 1971 until February and March of 1973 when he and his wife filed joint returns. No extensions were sought and thus the 1973 filings were untimely.
We are satisfied that the Government has met its burden of establishing a prima facie case. We believe the jury properly could infer willfulness on the part of a lawyer with tax training who failed to file tax returns for three consecutive years in which he had substantial income. The inference of willfulness is all the more permissible since defendant was alerted concerning his duty to file when his law partner filed partnership information returns for two of the three years in question.
The primary thrust of defendant's attack upon the jury instructions is that the district court erred in defining the term "willful." The district court charged:
An act is done willfully if done voluntarily, intentionally and with a specific intent to do that which the law forbids. ...
Now, the defendant's conduct is not willful if he acted through negligence, inadvertence or mistake. Even gross negligence is not sufficient to constitute willfulness. A failure to act is willful if voluntary and purposeful and with a specific intent to fail to do what the law requires to be done, that is, with a bad purpose to disobey or disregard the law. You the jury must decide whether the defendant's failure to file returns was willful.
These instructions clearly comply with this court's recent decision in United States v. Greenlee, supra . In that case we interpreted the Supreme Court's opinion in United States v. Bishop , 412 U.S. 346 (1973).
As the Court noted, various formulations have been given to the word ["willful"] to express the underlying meaning of a "voluntary, intentional violation of a known legal duty." Bishop at 360. These formulations include the bad purpose or evil motive described in United States v. Murdock , 290 U.S. 389, 398 (1933).However, the use of terms such as "bad purpose" does not imply that the government must prove more than that the defendant acted with a guilty mind, i.e., voluntarily and with the deliberate intent to violate the law. We think the instruction here adequately conveyed the concept that liability can be based, in the language of the trial court, only on a "specific intent to do something which the law forbids. ..."
United States v. Greenlee , No. 74-2106, at 7.
Defendant also contends that the district court erred in failing to give certain requested instructions concerning the significance of the filing of partnership returns. The supposition underlying these requested instructions apparently is that a person who knows the Government possesses information on which it can assess and collect tax would not intend to conceal income or delay the assessment and payment of the tax. Defendant, however, was not charged with an intention to conceal income or delay the assessment and payment of taxes. The information charged him with willful failure to make income tax returns, a very different matter. A requested instruction which is partially incorrect may be refused by the district court. United States v. Kelly , 349 F.2d 720, 759 (2d Cir. 1965), cert. denied , 384 U.S. 947 (1966). We believe the district court's general instructions on the question of intent sufficiently covered the situation. The significance of the partnership returns was properly the subject of argument and, indeed, defense counsel argued their significance at length.
The judgment of the district court will be affirmed.
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Chicken Salad From Mom
Mary Crockett
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- 2
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4Serve on crackers, as a sandwich or on tomatoes.
About this Recipe
Course/Dish: Chicken Salads
Other Tag: Quick & Easy


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Oil on canvas paper under glass
Oil painting by Sarah Gill
Oil paintingby Sarah Gill
Oil paintingby Sarah Gill
Oil paintingby Sarah Gill
Oil paintingby Sarah Gill


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June 6, 2011
ALMA CLARISA HERNANDEZ, THERESA WALLEN, RONALD MOORE, PLAINTIFFS,v.VALLCO SHOPPING MALL, LLC, ET AL.,DEFENDANTS.
STIPULATION FOR DISMISSAL OF HASHIM BANGLESH AND MABEL GUNSKI dba SPORTS ACTION ONLY; [PROPOSED] ORDER
IT IS HEREBY STIPULATED by and between Plaintiffs Alma Clarisa Hernandez, Theresa Wallen and Ronald Moore ("Plaintiffs") through their attorney of record, and Defendant Hashim Banglesh ("Defendant") who is self-represented, that pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendant Hashim Banglesh dba Sports Action be dismissed with prejudice from this action.
IT IS FURTHER STIPULATED between Plaintiffs and Defendant that this case has been settled as between them and all issues and controversies have been resolved to their mutual satisfaction. Plaintiff Ronald Moore and Defendant request the Court to retain jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994).
The parties having so stipulated,
IT IS HEREBY ORDERED as follows:
1. Plaintiff Ronald Moore and Defendant Hashim Banglesh dba Sports Action shall comply with the terms of the confidential Settlement Agreement and Release in Full, the terms of which are incorporated herein by reference.
2. By consent of Plaintiff Ronald Moore and Defendant Hashim Banglesh dba Sports Action, the Court shall retain jurisdiction in this matter for the purpose of enforcing the 18 terms of the settlement agreement.
3. Except as provided for in paragraphs 1 and 2 above, Defendant Hashim Banglesh is dismissed with prejudice from this action.
United States District Court Judge
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This is an opportunity for 1L students to meet upper-level faculty and discuss their work and courses. For this breakfast, Professor John de Figueiredo will lead the discussion; Professor de Figueiredo's research interests include competitive strategy, political and legal strategy, law and economics, and the management of innovation. Get an idea for your future coursework and enjoy conversation and light refreshments. Space is limited and RSVP is required. Please contact Sarah Battersby at firstname.lastname@example.com to RSVP.
Duke Environmental Law Newsletter
Read about faculty research and teaching, highlights from the Environmental Law and Policy Clinic, and alumni in the field.
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Duke Law community explores need for 'uncomfortable conversations' about diversity.
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Community Enterprise Clinic handles legal details of shopping center redevelopment
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The establishment of this award by WIMS is designed to recognize a male supporter for the ongoing advancement of women in medicine, nursing and health professions.
Members of the 2013-14 Recognition Committee could not think of a better example to name the award after than Dr. Robert M. Klein. Dr. Klein's dedication to doing the right thing is behind his support of all things related to a fair and just professional work environment with equal opportunity for success and recognition for all. His unending and tireless effort has been visibly noticeable during his 10 year term as Associate Dean for the Office of Professional Development & Faculty Affairs (PDFA) in the School of Medicine, and now as the Vice Chancellor for Academic Affairs and Graduate Studies. Dr. Klein was honored as the inaugural recipient of the Robert M Klein Trailblazer Award at the WIMS Annual Awards Dinner, August 21, 2014.
Rick Kellerman, MD, Professor and Chair, Family and Community Medicine,University of Kansas School of Medicine-Wichita
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Stewart Babbott, MD, Division Director General and Geriatric Medicine; Professor, Department of Internal Medicine
Robert M. Klein, PhD, Vice Chancellor for Academic Affairs & Graduate Studies, Professor of Anatomy & Cell Biology


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INDUSIND BANK RTGS HO Branch in VALASARAVAKKAM - Address, IFSC, MICR Code
INDB0000339MICR Code
GROUND FLOOR VEDACHALAM COMPLEX NEW NO. 33B ARCOT ROAD DIAGONALLY OPP TO NILGIRIS VALASARAVAKKAM THIRUVALLUR DISTRICT CHENNAI - 600087City
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"Good location 8KM from munnar on the way to munnar You can have amazing good ...." - Rajendra Prasad SiddalingappaRead more reviews >>
Nest Resort
Chithirapuram, Munnar, Kerala - 685 565
Nest Resort, Munnar - Overview
Nest Resort offers laundry service to its guests. This 2 star resort in Munnar is located at a distance of 1 km from Chithirapuram South Bus Stand and 4 km from. This 5 storey resort in Munnar houses a total of 10 spacious rooms each with an attached balcony. Amenities available include a television, telephone, bedside table and an attached bathroom with hot and cold water supply.
Services provided by this resort are laundry and doctor on call. Facilities like Camp fire, tea garden and spice plantation visits are also arranged by the resort. Nest Resort offers travel desk assistance for its patrons. This resort in Munnar is located at a distance of 104 km from Aluva Railway Station and 97 km from Cochin International Airport. Attukad Waterfall (8 km), Dreamland Spices Park (4 km) and Pothamedu Viewpoint (11 km) are point of interests near this property.
Check-in time : From 12:00 pm
Check-out time : Until 11:00 am
Nest ResortGuest Reviews based on 7 reviews
of our customers recommend this hotel
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Whether it's spring, summer, autumn or winter, you'll find an excuse to have the Excursion women's neck scarf as part of your kit. Wearable in over nine different ways, this is a deceptively useful item that no women's outdoor gear should be without.
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decided: August 22, 1988.
YVONNE EDWARDSv.COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION ET AL. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLANT
Appeal from the Order of the Court of Common Pleas of Allegheny County, in the case of Yvonne Edwards v. Commonwealth of Pennsylvania, Department of Transportation, Township of Indiana, Honeywill and Company and Dingbats of Pittsburgh, Inc., No. GD 85-6222.
Eugene G. Berry, Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellant.
Alan H. Perer, with him, Nelson B. Gaugler, Swensen & Perer, for appellee, Honeywill and Company.
Judges Doyle and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri. Dissenting Opinion by Judge Doyle.
[ 119 Pa. Commw. Page 117]
The Pennsylvania Department of Transportation (DOT) appeals an order of the Allegheny County Court
[ 119 Pa. Commw. Page 118]
of Common Pleas granting summary judgment to Honeywill and Company (Honeywill).
This matter stems from a single vehicle accident which occurred August 8, 1984, on Pennsylvania Route 910 in Allegheny County at approximately 2:00 a.m. At that time Yvonne Edwards, who had become intoxicated while drinking at a bar called Dingbats, drove her automobile around a curve and over an embankment at a point at which there was no guiderail. Earlier in the year, DOT had erected a 20 m.p.h. advisory speed limit sign in the area as well as signs warning of the curve.*fn1
At the time of the accident, Honeywill was under contract with DOT to repair or replace guiderail in Beaver and Allegheny Counties, including certain stretches along Route 910. In fact, on the day prior to the accident, Honeywill was working in the vicinity of the accident site but had not yet reached the point where Ms. Edward's vehicle left the road. Honeywill did reach the accident site and erected*fn2 guiderail there later on the day of the accident.
Ms. Edwards was twenty-four years old at the time her automobile went over the embankment on Route 910 and is now a paraplegic as a result of the accident. She brought an action in the trial court against Dingbats for serving her alcoholic beverages while she was visibly intoxicated and against DOT and Honeywill for failing to erect guiderail at the point where the accident occurred.*fn3 DOT and Dingbats subsequently filed cross-claims
[ 119 Pa. Commw. Page 119]
against Honeywill. The Complaint, and both Dingbats and DOT's New Matter filed pursuant to Pa. R.C.P. 2252(d), allege inter alia, that Honeywill was negligent in failing to promptly construct guiderail in the area of the accident and in failing to warn motorists that there was no guiderail in the area when it was in the process of being installed at the time of the accident.
In granting Honeywill's motion for summary judgment as to the original complaint and the cross claims, the trial court held that Honeywill had no duty to place traffic control or warning devices at the scene of the accident as it had not yet begun to work at that site. On appeal to this Court, DOT contends that the trial court erred in granting summary judgment as Honeywill had a contractual duty to safeguard the public and failed to place any warning devices in the area despite the fact that it had been working the previous day in the vicinity of the accident site. DOT suggests that Honeywill could have erected lighting devices, signs, barricades, or drums to warn and protect motorists from the potential hazard it was engaged to eliminate.
Honeywill entered into two contracts with DOT for the repair and replacement of damaged guiderail in Allegheny and Beaver Counties. Work commenced under the first contract in September of 1983, when DOT's project coordinator and Honeywill's superintendent compiled a seventeen page list designating work to be performed on various legislative routes. However, funding ran out before all work on this list could be completed. Additional funds were allocated and by a contract dated July 26, 1984, the remaining work was to be completed. On August 2, 1984, Honeywill commenced work pursuant to DOT's Notice to Proceed. The proposed work on Route 910 began that day and was apparently
[ 119 Pa. Commw. Page 120]
completed on August 8, 1984, the day of the accident.
DOT contends that the issue of whether or not Honeywill was required by contract to place warning devices*fn4 along that portion of Route 910 where the Edwards vehicle left the road, presents a genuine question of fact precluding summary judgment. In support of its contention, DOT cites the regulations in former Subchapter A of 67 Pa. Code Chapter 203 together with Section 900 of Form 408.*fn5
Pursuant to Pa. R.C.P. 1035, summary judgment shall be entered if the pleadings, depositions, admissions, and answers to interrogatories, together with supporting affidavits, reveal there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Professional and Public Service Employees Union Local 1300 v. Trinisewski, 94 Pa. Commonwealth Ct. 462, 504 A.2d 391 (1986). A court may enter summary judgment only "in the clearest of cases, i.e., where there is not the slightest doubt concerning the absence of a triable issue of material fact." Burnside v. Abbott Laboratories, 351 Pa. Superior Ct. 264, 274, 505 A.2d 973, 978 (1986).
Former 67 Pa. Code Chapter 203 was rescinded and replaced in its entirety effective January 1, 1984, and now only applies to "projects already under construction or projects having a bid opening date, permit issuance date or starting date prior to January 1, 1984." 67 Pa. Code § 203.5. Even though the 1984 contract includes work which had originally been scheduled under the 1983 contract, separate bids were taken on the later
[ 119 Pa. Commw. Page 121]
contract. Bids on the 1984 contract were not opened until May of 1984 and the starting date was August 2, 1984. Therefore, we believe the new rather than the former regulations are applicable to this matter.
The 1984 contract between DOT and Honeywill incorporates the provisions of 67 Pa. Code § 203. Subchapter A of this Section sets forth basic principles and guidelines for traffic control within construction, maintenance, or utility "work zones" on Commonwealth highways.*fn6 "Work zone" is defined in 67 Pa. Code § 203.3 as "[t]he work area and the section of highway used for traffic control devices related to the work area." "Work area" is defined in this same section as:
[a] location where construction, maintenance, or utility operations are being performed or where previous operations have not yet been completed and potential hazards or traffic obstructions are still present. (Emphasis added.)
"Traffic control devices" are defined as:
[s]igns, signals, markings and devices authorized in Chapter 211 (relating to official traffic control devices) or this chapter and consistent with the basic rules of the road established by the Vehicle Code and placed or erected for the purpose of regulating, warning, or guiding traffic by authority of a public body or official having jurisdiction over the roadway.
67 Pa. Code § 203.3 (emphasis added).
We disagree with DOT's assertion that Honeywill was under a duty to erect barricades or drums as Subchapter D of the regulations concerning channeling devices provides that the function of these devices is to warn motorists of potential hazards caused by construction or maintenance. 67 Pa. Code § 203.51. There is no
[ 119 Pa. Commw. Page 122]
evidence that Honeywill removed existing guiderail which it failed to replace. To the contrary, the deposition testimony reveals that the Edwards' vehicle left the roadway in an area in which new guiderail was scheduled to be installed and was in fact installed later on that same day. Therefore, we must address DOT's contention that Honeywill should have erected lighting devices or signs to warn of the fact that there was no guiderail in the area on Route 910 where the accident occurred.
The regulation at 67 Pa. Code § 203.43(a), provides that "[w]arning signs are used to notify drivers of unusual conditions or potential hazards associated with work zones." (Emphasis added.)
Official traffic control devices, including work zone signs, are listed and described in Chapter 211 of 67 Pa. Code. Warning signs in this chapter include a "No Guard Rail" sign.*fn7 A "No Guard Rail" sign is:
authorized for use on new construction when guard rails are scheduled for installation, but have not been installed prior to opening the highway for traffic. It shall also be used when existing guard rail has been removed for maintenance and is scheduled for replacement.
67 Pa. Code § 211.694(a). This sign is to be placed "in advance of the condition and at intervals throughout the area." 67 Pa. Code § 211.694(b).
The Edwards' vehicle left the roadway in an area in which new guiderail was scheduled to be erected. Also, Honeywill had previously been replacing damaged guiderail in the immediate vicinity of the accident. We believe the situation presented in this situation is substantially similar to those situations listed in
[ 119 Pa. Commw. Page 123]
§ 211.694 to raise a question as to whether a "No Guard Rail" sign would have been appropriate. DOT does not specify what, if any lighting devices provided for in the regulations would have been applicable to this situation. However, the regulations provide for illuminated or reflectorized signs*fn8 and floodlights*fn9 as well as other types of warning lights. The next question then is whether Honeywill had a contractual duty to erect any of these warning devices.
It has been previously held that where a landowner hires an independent contractor with experience and know-how, who selects its own equipment and employees, he has no further liability in connection with the work to be done. Brletich v. United States Steel Corp., 445 Pa. 525, 285 A.2d 133 (1971). The work to be done is found in the contract which incorporates the regulations in Chapter 203 of 67 Pa. Code. According to the regulations, the contractor has final responsibility for protection of the public within the work zone.*fn10 Further, traffic control devices,*fn11 are to be installed prior to the start of work.*fn12 Sections 901.1 and 901.2 of Form 408 provide that the contractor shall furnish material and traffic control devices for the "maintenance and protection of traffic adjacent to and within the construction area. (Emphasis added.) As Honeywill was working on August 7, 1984, in the immediate vicinity of the accident site, the issue of whether it has any responsibility to erect warning devices depends upon whether
[ 119 Pa. Commw. Page 124]
the accident site was adjacent to and within the construction area.
In granting Honeywill's motion for summary judgment, the trial court stated:
The accident in the present case admittedly occurred in the middle of the night when no construction activity was being carried on and at a place where no construction activity had been begun by Honeywill. Under [former 67 Pa. Code § 203.4 and 203.5], Honeywill was under no obligation to place traffic control and warning devices at the scene of the accident until it began construction at that particular site. Having not begun construction at the time and place of the accident, it had no responsibility under [former] 67 Pa. Code § 203.4*fn13 to protect plaintiff as a member of the public. (Emphasis added.)
On a motion for summary judgment a court should not attempt to resolve conflicting contentions of fact or conflicting inferences which might be drawn from the facts. Burnside. We do not believe the facts are as clear cut as the trial court suggests.
It is not at all clear that the 225 foot guiderail extension was not started until August 8, 1984. All that is clear is that pursuant to the 1984 contract with DOT, Honeywill was to repair and replace damaged guiderail on Route 910 and was to extend the existing guiderail 225 feet. The Edwards' vehicle left the roadway in the early morning hours of August 8, 1984, at a point somewhere within that 225 feet. It is also clear that Honeywill was working in the vicinity of the accident site on August 7, 1984 and completed the 225 foot extension the following day. It is not clear exactly where
[ 119 Pa. Commw. Page 125]
within that 225 feet, the Edwards' vehicle left the road nor is it clear how far away Honeywill was from the accident site when it ceased working on August 7, 1984. According to the deposition testimony of Honeywill's superintendent, the contractor stopped approximately one mile away from the accident site.*fn14 However, the superintendent qualified his statement and testified that in order to identify the exact location, he would need to review DOT's "straight line drawings"*fn15 By way of deposition testimony, DOT's project coordinator stated that on August 7, 1984, Honeywill stopped only four to five hundred feet from the work area covered on August 8, 1984.*fn16 However, he could not tell from the documents available at the deposition, whether new guiderail was being placed on Route 910 on August 7th as well as August 8th.*fn17 Honeywill's owner, Ransom Honeywill, in an interview with an investigator on January 3, 1985, stated he believed Honeywill was only 75 to 100 feet away from the accident site when it ceased working on August 7th.*fn18
After a careful review of the pleadings, discovery, and affidavits before us, we are unable to conclude there are no material facts in question. Honeywill contracted with DOT to eliminate a potential hazard by erecting guiderail in the area where the Edwards' vehicle left the road. Under the contract, Honeywill had a duty to erect warning signs and other appropriate traffic control devices to warn of the potential hazards adjacent to and
[ 119 Pa. Commw. Page 126]
within the construction site. Therefore, the questions of what Honeywill was doing and exactly where it was working on the day before the accident are material. As the answers to these questions are not apparent on the record before us, we believe the trial court erred in granting summary judgment. It may be that the trial court can free Honeywill from liability by way of a non-suit, however such a determination is premature at this time.*fn19
Accordingly, we reverse the order of the trial court granting summary judgment to Honeywill as to the claims of Yvonne Edwards and as to the cross-claims of Dingbats and DOT and remand to the trial court for further proceedings.
And Now, this 22nd day of August, 1988, the order of the Allegheny County Court of Common Pleas dated December 3, 1986, at No. GD 85-6222 granting summary judgment to Honeywill and Company is reversed and the matter is remanded for further proceedings.
Jurisdiction relinquished.
Reversed and remanded.
Dissenting Opinion by Judge Doyle:
I dissent and would affirm the order of the trial court.
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Music Gear News
Jay-Z believes in Beyonce
Jay-Z expects wife Beyonce Knowles to win music awards - because she's so "magnificent".
The '99 Problems' rapper - whose spouse took home a record-breaking six gongs at the Grammy Awards on Sunday night (31.01.10) - is always confident the 'Halo' singer will win whenever she is nominated.
He said: "It's almost got to a point where you just, you know, you're almost numb to it because she's so magnificent every single time."
Beyonce, 28, also performed at the ceremony covering Alanis Morissette's 'You Oughta Know', as well as singing her own song 'If I Were A Boy', and husband Jay-Z admits he never felt so proud of her.
He said: "I'm a fan, you know, I'm a big fan."
The hip-hop star also spoke about how he believes Usher is in line to fill Michael Jackson's "huge shoes" as the new 'King of Pop'.
Referring to the performance of 'Earth Song' in tribute to Michael at the ceremony, Jay-Z told Access Hollywood: "I thought the Michael Jackson tribute was fantastic and I thought Usher was doing a magnificent job. I think he's one of the guys that's in line to fill those huge shoes.
"I don't wanna put that pressure on him, but I think he's one of the guy's that's in line to do that."
The tribute - which featured Celine Dion, Usher, Jennifer Hudson and Smokey Robinson among others - was accompanied by a 3-D mini-film which was created by Michael as part of his planned 'This Is It' London residency.Posted on 2 Feb 2010 10:30 to category : Band / Celebrity News
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Designed to simulate various classic amp tones, Supro's Tremolo Pedal introduces the new school to the old school
A premium belt-drive turntable that features wireless streaming, the BT-500 has been designed to extract every musical detail of your record collection


text:
The sale has been confirmed…
Friendfinder sells to penthouse for $500 Million
4 Responses to "Friendfinder sells to penthouse for $500 Million"
John Scbadone Says:
December 12, 2007 at 1:05 am |
Confirmed where?
Brian Says:
December 12, 2007 at 5:58 am |
What penthouse? The magazine…or an actual penthouse? Does that mean you will be running penthouse mag ads on your website? Please clarify.?
Uniktz Says:
March 4, 2011 at 8:50 am |
This is confirmed penthouse owns Friendfinder and playboy is penthouse? you get it? "playboy" owns them all.
Uniktz Says:
March 4, 2011 at 8:56 am |