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United States District Court, N.D. Illinois
May 26, 2015
Marell Carter (#XXXX-XXXXXXX), Plaintiff,v.IDOC, STATEVILE, DIXON, Defendants.
FREDERICK J. KAPALA, District Judge.
Plaintiff's motion for leave to proceed in forma pauperis [4] is granted. The Court authorizes trust fund officials at the Cook County Jail to deduct $4.40 from Plaintiff's trust account as an initial partial payment of the filing fee and to continue making monthly deductions in accordance with this order. The Clerk shall send a copy of this order to the trust fund officer at the Cook County Jail. The complaint is dismissed without prejudice. To proceed with this case, Plaintiff must, within 28 days of the date of this order, submit an amended complaint that names a suable party as defendant and that demonstrates that his claims are timely. His failure to comply will result in the summary dismissal of this case. Plaintiff's motion for attorney representation [3] is denied without prejudice. The Clerk shall send Plaintiff an amended complaint form.
Plaintiff Marell Carter, currently confined at Cook County Jail, brings this 42 U.S.C. § 1983 suit against the I.D.O.C. (the Illinois Department of Corrections), Stateville Correctional Center, and Dixon Correctional Center. Plaintiff alleges the following: he was arrested by Parole Officer Smith (badge #2064) on April 12, 2011, for a parole violation; on April 13, 2011, he transferred from the Cook County Jail to Stateville and then to Dixon; and he was released in June of 2011 based upon a finding no violation. Plaintiff contends the arrest and confinement were unconstitutional.
The following pleadings are currently pending before the Court: Plaintiff's motion to proceed in forma pauperis ("IFP"), his complaint for initial review pursuant to 28 U.S.C. § 1915A, and his motion for attorney representation.
Plaintiff's IFP application indicates he cannot prepay the $400 filing fee. The Court thus grants his motion and, pursuant to 28 U.S.C. § 1915(b)(1), assesses an initial partial payment of the filing fee of $4.40. Trust fund account officers at Plaintiff's place of confinement are directed to deduct this amount from Plaintiff's account and forward it to the Clerk of this Court. Thereafter, trust account officers at Plaintiff's place of confinement are directed to collect monthly payments from Plaintiff's account in an amount equal to 20% of the preceding month's income credited to the account. Monthly payments shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the full $350 filing fee (a $50 administrative fee is waived for IFP litigants) is paid. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify Plaintiff's name and the case number of this action. Plaintiff shall remain responsible for this payment obligation, and Plaintiff's current trust fund officials shall notify transferee authorities of any remaining amount owed if Plaintiff is transferred.
Under 28 U.S.C. § 1915A, this Court must conduct an initial review and dismiss the complaint or any claim therein if the complaint or claim is frivolous or malicious, fails to state a claim on which relief can be granted, or seeks money damages against a party immune to such relief. See Jones v. Bock, 549 U.S. 199, 214 (2007); Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013). The Court having conducted such a review of Plaintiff's complaint, it cannot proceed for several reasons.
First, Plaintiff names no suable parties as Defendants. Thomas v. Illinois, 697 F.3d 612, 613 (7th Cir. 2012) ("a state and its agencies are not suable persons' within the meaning of section 1983...."), citing Will v. Michigan Dep't of State Police, 491 U.S. 58, 70-71 (1989); Taylor v. Stateville Dept. of Correction, No. 10 C 3700, 2010 WL 5014185 at *2 (N.D. Ill.Dec. 1, 2010) (Coleman, J.) (neither a state prison nor IDOC is suable under § 1983 as both are "arms of the state" and "immune from suit under the Eleventh Amendment"), citing Joseph v. Board of Regents of University of Wisconsin System, 432 F.3d 746, 748 (7th Cir. 2005). The complaint cannot proceed against IDOC, Stateville, or Dixon Correctional Center. Even if the prisons and IDOC were suable, the complaint indicates no involvement by these entities. Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, "to be liable under § 1983, an individual defendant must have caused or participated in a constitutional deprivation." Pepper v. Village of Oak Park, 430 F.3d 809, 810 (7th Cir. 2005) (citations omitted). Plaintiff's claims appear to be that he was unlawfully arrested and imprisoned without probable cause that he committed an offense or violated his parole. Such a claim is usually asserted against the arresting officer, who Plaintiff states is Officer Smith, badge number 20664.
Second, and perhaps more important, the complaint, on its face, appears time-barred. Jenkins v. Village of Maywood, 506 F.3d 622, 623 (7th Cir. 2007) (the limitations period for § 1983 claims in Illinois is two years), citing 735 ILCS 5/13-202. A district court can dismiss a case if "a valid affirmative defense is so plain from the face of the complaint that the suit can be regarded as frivolous." Best v. City of Portland, 554 F.3d 698, 700 (7th Cir. 2009), quoting Walker v. Thompson, 288 F.3d 1005, 1009-10 (7th Cir. 2002). The instant case, which concerns events that occurred four years ago, appears to be such a case.
For the reasons stated above, the complaint is dismissed. The dismissal is without prejudice and Plaintiff shall have an opportunity to submit an amended complaint that both names a suable party as defendant and that demonstrates that this case is timely. Plaintiff is advised that an amended complaint replaces a previously filed complaint and must stand complete on its own. If an amended complaint is accepted, the Court would look to only the amended complaint, and not previously filed complaints, to determine the claims and parties of this suit. Plaintiff is given 28 days to comply with this order. If the Court receives no pleadings from Plaintiff during that time, this case will be summarily dismissed.
Plaintiff's motion to be represented by counsel is denied without prejudice. Pruitt v. Mote, 503 F.3d 647, 655-57 (7th Cir. 2007) (setting out the standard for determining whether counsel should be recruited under 28 U.S.C. § 1915(e)(1) and stating that a court should consider both the complexity of a case and the litigant's ability to try it on his own). The legal issues of this case - whether Plaintiff was unlawfully arrested and confined and whether his claims are timely - are not overly complex. Furthermore, at this early stage of the case, where no defendant has been served and no discovery is being conducted, representation by an attorney is not warranted. Romanelli v. Suliene, 615 F.3d 847, 852 (7th Cir.2010) (an attorney is often not needed during the very early, infancy stages of a case); see also Obriecht v. Raemisch, 565 Fed.Appx. 535, 540 (7th Cir. 2013) (district court's denial of requests for an attorney prior to a plaintiff's submission of an acceptable amended complaint was not an abuse of discretion). For these reasons, Plaintiff's motion seeking the recruitment of an attorney is denied without prejudice.
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Reviews for Enterprise in Berlin
- All reviews 100%
Recent reviews
Most recent
2.0 Poor
Sep 10 2016
Pros: Nothing.
Cons: The office changed (and effectively cancelled) my reservation the day before, calling me several times to negotiate whether I could even have a car. Despite my booking for the day, they told me I could only have a car for four hours or nothing at all. Luckily there are other options in Berlin. Not a particularly meaningful reservation.
8.0 Good
Sep 3 2016
Cons: annoying transfer, even with free cab ride
7.6 Good
Apr 30 2016
auto review
Pros: the auto was reliable and was able to stay at autobahn speeds
Cons: the GPS was impossible to,program and then stopped working all together. the car was small which is OK but I would not buy one. the suspension was a bit harsh. the big problem that a mentioned was the lack of GPS. we would have used a map if we knew we didn't have that option.
3.6 Mediocre
Feb 5 2016
Price was drastically increased, do not trust the
Pros: Car was new and clean
Cons: Price was not like the price offered online, on a trip it's the most annoying thing

subset: commoncrawl


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Twisted: Donate to abortion fund, get coat hanger pendant 'token of thanks'
**Written by Doug Powers
Via Twitchy, I think I'm going to be ill:
It's not some sick parody either.
More disbelief here.
**Written by Doug Powers
Twitter @ThePowersThatBe
Posted in: Abortion
Priorities! Former Beastie Boy finds way to raise money for Planned Parenthood that doesn't harm any cows or sheep
November 30, 2016 07:21 PM by Doug Powers
City rids parks of ice cream threat; Hillary learned of Bill's meeting with AG 'in the news' (Open thread)
July 3, 2016 08:50 AM by Doug Powers
Of course: Senate Dems blocking $1.1 billion Zika bill because Planned Parenthood isn't getting a cut
June 28, 2016 12:50 PM by Doug Powers
Of course: Dems in bed with Planned Parenthood accuse Republicans of flirting with PP's opposition
June 8, 2016 07:51 PM by Doug Powers
Dueling Headlines, 'Obama lectures world about morality' edition
May 27, 2016 10:20 PM by Doug Powers
Categories: Abortion, Barack Obama, War


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The clip fight from Josie and the Pussycats (2001) with Parker Posey, Rachael Leigh Cook
Categories movie-clips
Tags fight, the, and, cook, 2001, parker, josie, posey, leigh, rachael, pussycats
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New Orleans, Louisiana 70130
United States
|Areas of Practice
|1) Commercial Litigation and 2) Real Estate
|Juris Doctorate
|Most recent firm
|Deutsch, Kerrigan & Stiles, L.L.P.
|Relevant Jobs
Commercial Real Estate Attorney
Commercial Real Estate Attorney SEB is seeking an attorney with at least 5 years of commercial real estate experience with a focus on representing owners and developers in acquisitions and disposit...
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Associate Attorney
USA-CA-Beverly Hills
Employment litigation firm seeks an Associate with 1-3 years of experience, looking for work in an established litigation practice with 2 attorneys (including candidate). See our website for practi...
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Paralegal/Legal Assistant - Fraud Section
Paralegal/Legal Assistant - Fraud Section Duties: Will report to Project Supervisor. Will work in support of wide-ranging fraud investigations within the Fraud Section, Criminal Division of the Depar...
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A. Harrison Barnes is a well-known attorney throughout the United States. As a member of the Malibu community, Harrison is committed to serving the needs of Malibu residents and businesses in legal matters.
Anthony Ciasulli is a senior counsel in Morgan Lewis's Real Estate Practice. Mr. Ciasulli represents both developers and lenders in connection with commercial, residential, industrial and resort real estate.


text:
Effect of seed characteristics on morphology development in poly(n-butyl acrylate)-poly(n-butyl methacrylate) core-shell dispersions
Version of Record online: 4 MAY 2012
DOI: 10.1002/app.37858
Copyright © 2012 Wiley Periodicals, Inc.
Journal of Applied Polymer Science
Volume 127, Issue 1, pages 208–216, 5 January 2013
Additional Information
How to Cite
Suresh, K. I. and Bartsch, E. (2013), Effect of seed characteristics on morphology development in poly(n-butyl acrylate)-poly(n-butyl methacrylate) core-shell dispersions. J. Appl. Polym. Sci., 127: 208–216. doi: 10.1002/app.37858
Publication History
- Issue online: 8 OCT 2012
- Version of Record online: 4 MAY 2012
- Manuscript Accepted: 10 APR 2012
- Manuscript Received: 16 DEC 2011
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NYC Mayoral Candidate Seeks Days Off for Muslim HolidaysBill de Blasio wants to give school children in New York two extra days off to mark Eid al-Adha and Eid al-Fitr.
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German Candidate Sanctioned Following Circumcision RemarksGerman party urged to withdraw candidate from state election after he used expletive language to describe Jews who practice circumcision.
Businessman: Europe Preparing Holocaust for MuslimsReligious entrepreneur Moti Zisser says Europe feels threatened: "This time there will be 60 million people killed."
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Jerusalem Official Complains of Temple Mount DiscriminationA Jerusalem city council member tells Arutz Sheva of his humiliation and discrimination against Jews at the Temple Mount.
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7816 NW 110 AV # 7816 Doral, Florida 33178
Enjoy the peaceful lake view from your patio. Make this beautiful 4 bedroom 2.5 bath townhouse in the heart of Doral your home. Featuring laminate wood floors throughout and tile in the kitchen. All bedrooms upstairs. Washer and Dryer in unit. Double vanity in master bathroom. One car garage. Centrally located, close to mayor highways, mall, shopping centers, schools. Offering great amenities for you and your family to enjoy. Pets allowed (w/restrictions). Easy to show.
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


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For people who use both Mac OS X and Linux, which Linux distro have you found to play the nicest with a mostly OS X environment?
My setup with which I am not completely happy - OS X Mavericks Server (ML, Lion, and SL Server before that) running on a Mac mini with Linux VMs in VMWare Fusion and an eeepc currently running Mint and Lubutnu. I also have a tonidplug 1 and 2 and thinking about a Raspberry Pi.
Disclaimer - not a TOTAL newb, and not looking for use one/not the other responses. Honestly asking for opinions from users of both OSes.


text:
Likely to sell out
Sydney Full-Day Bike Hire with Guided Tour Options
Duration: 1 day
Duration: 1 day
Likely to sell out
From £43
Livelo provides visitors to Sydney and Melbourne with a fleet of high quality road bikes to hire. Bikes are available to rent by the hour or day, 7 days per week, from 5.30am. Free helmet included. Livelo also provide guided bike tours of Sydney and Melbourne.


text:
Curse of the Seventh Sword:The Gauntlet of Feona
Davydd Miljorn is a hunter living in Gor, a small town in the kingdom of Angweleth. One day, while hunting for game, he unbeknownst to him, saves the princess of Angweleth when her carriage is attacked by mysterious assailants. This singular act, spawns a series of events which take both of them and the friends they meet, on a quest to retrieve an artifact that may just be the difference between humanity's destruction or it's salvation.
About the author
Kelechi Agu was born in the town of Owerri, Imo state, Nigeria, on April 28th, 1987. He left Nigeria for the U.S in 2005, where he studied Computer Science at Claflin University. After graduating, he spent some time trying to find his feet, before coming back to Nigeria in 2013. He currently resides in Lagos, Nigeria, where he works as an information security analyst. The Gauntlet of Feona is his first published book. It was first published in March 2013, and then re-published in March 2014.
Twitter @KelTheWriterAgu
Facebook Kelechi Agu
The only complain I have that 70 % of this story consists a every drown out step by step detailed fighting's.
If you like reading this type of the story, then I highly recommend it.
Curse of the Seventh Sword: The Gauntlet of Feona by Kelechi Agu


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( 4UMF NEWS ) Secret Benefactor Hides $100 Bills Across City:
An anonymous Oregon man is all about the Benjamins.
For more than three years, the private patron has been hiding $100 bills at local stores, markets, fairs, and festivals in Salem, brightening many days along the way. Capi Lynn, who first wrote about "Benny" – the nickname she coined for the donor – for the Statesmen Journal in 2013 estimates that he's given away more than $50,000.
"A friend of his came forward to act as a liaison, confirming his handiwork," she wrote for USA Today on Thursday. "When she died, a replacement quickly stepped forward, emphasizing just how serious Benny's circle of friends are about maintaining his anonymity and how this has never been about him, but about helping and inspiring others," the article explained.
The act of generosity has helped to create a culture in Salem, including new slang terms: "To get Benny-ed is to find one of these $100 bills and be given hope or inspiration," Lynn explained. "The finders are Benny-ficaries. Non-profits and causes are Benny-fitting."
Lynn wrote that "the bills always seem to end up in the right hands," helping some to take care of medical costs or living expenses, while others know just who to pay the fortune forward to. More than half of the Benny-ficaries report sharing the wealth with someone – or some organization – in need, according to Lynn.
Some others have reported keeping the bills as reminders of generosity, choosing to share the love form their own wallets, or checkbooks.
One homeless couple recently reported finding a bill and using it to buy a few nights in a motel.
Apologies, but no related posts were found.


text:
Creating Cultural Connections
Kira Snow
"Kwi Awt Stelmexw created an opportunity for me to connect with my culture and identity that I felt disconnected to growing up. We need organizations like this to help us relearn and recover from colonization."
A vibrant healthy Sḵwx̱wú7mesh community will involve fostering the development of an arts community. Our organization is committed to strengthening arts practices among Sḵwx̱wú7mesh people in all disciplines.
We believe our potential as a people is tied to the strength of our education, both contemporary education and Indigenous education. Our organization develops effective educational programs to increase knowledge in the community to help us address the issues we may face as a community.


text:
Bowe Bergdahl is going to face charges of desertion.
WASHINGTON (AP) – Army Sgt. Bowe Bergdahl, who was held captive by the Taliban for five years and freed in exchange for five detainees in Guantanamo Bay, will face charges of desertion and misbehavior before the enemy in a general court-martial, the Army announced on Monday.
If convicted, Bergdahl could get life in prison on the misbehavior charge and up to five years for desertion. He also could be dishonorably discharged, reduced in rank and made to forfeit all pay.
Bergdahl, 29, of Hailey, Idaho, walked off his post in eastern Afghanistan's Paktika province on June 30, 2009. He was released in the prisoner swap in late May 2014 that touched off a firestorm of criticism, with some in Congress accusing President Barack Obama of jeopardizing the safety of a nation for a deserter.
Many us of knew what this was early on. To review, obama traded 16 for Bergdahl. Five detainees were released a year before Obama released the terrorist "Dream Team." Six American soldiers lost their lives searching for the deserter.
There they were in the Rose Garden, celebrating their champion. Dad sported his best jihadi beard. Obama said that we as a nation
"made an ironclad commitment to bring our prisoners of war home. It's who we are as Americans. Today, at least in this instance, it's a promise we've been able to keep."
That wasn't enough.
The fecklessly idiotic Susan Rice took to the talk shows to proclaim Bergdahl a hero.
She asserted that Bergdahl "served the United States with honor and distinction."
In this galactically corrupt regime desertion is what constitutes "honor and distinction." The GAO declared the trade "illegal."
At the celebration Obama let slip the real reason he traded ten really bad guys for Bergdahl.
"We're committed to winding down the war in Afghanistan and closing Gitmo,"
That's it.
Begdahl was a convenient tool- a vehicle for obama to justify releasing more of the worst denizens of Gitmo- the consequences be damned. If he empties the place, he can close it. obama placed Americans- especially the military- in jeopardy with this stupid stunt. You're a goddam idiot to believe anything obama says. Period. And honestly, I am freaking tired of that wretch telling us "who we are as Americans."
You can bet your ass that every time he utters those words, there is a lie underneath them. obama thinks we're all as stupid as those who support him. We're not.
Good for WaPo's Richard Cohen, who found the Rose Garden fiesta "sickening."
The last seven years have been sickening.


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HIDA's Alumni Chapter at ASU is looking to fulfill 3 Executive Board Positions starting Fall 2016!!
Cause Areas
WhenIt's flexible! We'll work with your schedule.
WhereThe Herberger Institute for Design and the ArtsTempe, AZ 85281
Our Herberger Institute for Design and the Arts Alumni Chapter is currently looking to fulfill Secretary,Treasurer and Historian for HIDA's Alumni Chapter's Executive Board!
Shall include organization of regular meeting times and locations, and monitor the meeting minutes. The position will be responsible for handling all paper work and websites, including social media, needed for the chapter. The position shall work with the President and Executive Board to promote knowledge and participation in Herberger Institute for the Design and Arts events. This position will include one member.
Records and requests monetary needs for events and other needs of the chapter. The position will monitor and collect any needed dues and registration. This position will also be responsible for re-registering the chapter on a yearly basis, if needed. Verifies Tax IDs and banking accounts when needed. This position will include one member.
Is in charge of overseeing the planning of any events sponsored by the Herberger Institute for Design and the Arts Alumni Association. This position will include one member.
All positions' responsibility: w ork with the Herberger Institute to participate in the ASU Homecoming Block Party, award 2 annual scholarships by reviewing and evaluating scholarship applications, participate in other requested events by the Herberger Institute, work with Development Office to manage monthly newsletter.
Good Match For
Requirements & Commitment
- 2016-2017 (executive board ongoing)
- Alumni of the Herberger Institute for Design and the Arts


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Intro Specials for New Clients
Just one membership provides access to all three of our studios! (Groupon packages excluded)
*IMPORTANT: Due to eligibility requirements, online payment is NOT AVAILABLE for intro specials/new clients. To receive this special intro pricing, please create an account online & arrive 20 minutes prior to your first class to complete your registration & payment arrangements.
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Online payment is NOT AVAILABLE for intro specials. Please arrive 15-20 minutes before your first class to complete your registration, including payment details.
Unlimited membership requires month to month electronic payment, 90 day commitment with 30
days written notice to cancel.


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14,292pages onAdd New Page
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The ??? type is a type. It is also a glitch type. There are, as of yet, no official Pokémon with this type, but all Glitch Pokémon have this type. Eggs are also listed under this type, seeing as they have no type until they hatch. It exists in the generations from Generation II until Generation IV. It is not present in Generation V. Although it is not possible to make Arceus ??? type without hacks, it has a ??? type sprite. Zygarde, mainly core and cell have a ??? type as well.
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Untold Stories of Video Game Remasters – the Good, Bad, and Ugly
In today's video, we discuss something subjective – are video game remasters good or bad? And...
The biggest prize pool in Dota 2 after The International 2 goes to the way of LGD after beating World Champions Invictus Gaming in the semi-finals, and the other chinese powerhouse DK in the Grand Finals. The tournament featured 10 teams, 8 of which participated in TI2. The group stages and the first rounds were played online, while the top 4 battled in a LAN in Fuzhou, China with TV coverage.
Prize Allocation
You can watch or re-watch all the great action from the finals here.


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Commonwealth Court of Pennsylvania
February 26, 2014
Lauren Muldrow, Appellantv.Southeastern Pennsylvania Transportation Authority (SEPTA)
Argued February 10, 2014.
Page 270
Kenneth M. Kapner, Philadelphia, for appellant.
Paul C. Madden and Patrick T. Casey, Philadelphia, for appellee.
BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge. OPINION BY JUDGE COVEY. Judge Brobson did not participate in the decision in this case.
Page 271
ANNE E. COVEY, Judge
Lauren Muldrow (Muldrow) appeals from the Philadelphia County Common Pleas Court's (trial court) February 15, 2013 order granting Southeastern Pennsylvania Transportation Authority's (SEPTA) Motion for Summary Judgment. There are essentially three issues before this Court: (1) whether the holding in Goldman v. Southeastern Pennsylvania Transportation Authority, Pa., 57 A.3d 1154 (2012), denies SEPTA immunity protection under the act commonly referred to as the Pennsylvania Sovereign Immunity Act (Sovereign Immunity Act), 42 Pa.C.S. § § 8521-8528; (2) whether Muldrow's cause of action comes within the vehicle liability exception to sovereign immunity; and (3) whether Muldrow's cause of action falls within the personal property exception to sovereign immunity. After review, we affirm.
On December 22, 2009, at approximately 8:45 a.m., Muldrow was a passenger on SEPTA's Route H bus. While attempting to disembark, Muldrow fell down the stairs leading to the street level allegedly sustaining injuries to her head, neck, back, right leg and right knee. Muldrow filed a Complaint with the trial court on February 8, 2012, maintaining that SEPTA's negligence was the cause of her accident and the resulting injuries. SEPTA filed an Answer and New Matter on February 13, 2012. The matter was submitted to arbitration and, on October 3, 2012, the panel of arbitrators ruled in SEPTA's favor and against Muldrow.
Muldrow appealed from the arbitration award to the trial court on October 8, 2012. On December 31, 2012, SEPTA filed a Motion for Summary Judgment against Muldrow alleging that Muldrow was not entitled to recovery because Muldrow's claim did not come within any of the exceptions to SEPTA's statutory sovereign immunity. On January 30, 2013, Muldrow filed an Answer to SEPTA's Motion for Summary Judgment and a Cross-Motion for Partial Summary Judgment. Relying upon Goldman, Muldrow asserted that SEPTA was not a Commonwealth party and, therefore, SEPTA was not immunized from suit by the Sovereign Immunity Act. In addition, Muldrow argued that her negligence claim fell within the " care, custody and control of personal property" exception established by Section 8522(b)(3) of the Sovereign Immunity Act, 42 Pa.C.S. § 8522(b)(3). SEPTA replied to Muldrow's Answer and Cross-Motion on February 5, 2013, contending that it was indeed a Commonwealth party, and reiterating that it was entitled to sovereign immunity under Pennsylvania law.
On February 15, 2013, the trial court granted SEPTA's Motion for Summary Judgment and dismissed Muldrow's lawsuit. On March 12, 2013, Muldrow appealed to the Superior Court. On April 15, 2013, the trial court filed its opinion. On May 8, 2013, the Superior Court transferred the appeal to this Court.[1]
Page 272
Muldrow first argues that because the Pennsylvania Supreme Court ruled in Goldman that SEPTA is not an arm of the Commonwealth under the Eleventh Amendment of the United States Constitution (Eleventh Amendment), and SEPTA was a party to that litigation, SEPTA is bound by Goldman . Therefore, Muldrow contends that SEPTA is collaterally estopped from asserting otherwise and Goldman is res judicata on the issue of sovereign immunity. In addition, Muldrow asserts that the cases prior to Goldman which held that SEPTA is statutorily classified by the legislature as a Commonwealth agency were decided under the former version of the Metropolitan Transportation Authorities Act (MTAA) and therefore are inapplicable.[2] Moreover, Muldrow avers that although Goldman stated that SEPTA was statutorily categorized as a Commonwealth agency, the Court was referring to the weight of authority, not holding that it agreed with it, thus, the fact that an enabling statute exists does not automatically give SEPTA the status of a political body. Finally, Muldrow claims that based on SEPTA's inefficiencies and net worth, it is undeserving of sovereign immunity.
SEPTA responds that Goldman does not apply to the instant matter as Goldman involved Eleventh Amendment immunity and this case involves state common law sovereignty. SEPTA maintains that Eleventh Amendment immunity and state statutory immunity are two distinct concepts which do not share common origins or qualifying criteria. Further, SEPTA asserts that the Goldman Court specifically acknowledged the legislature's classification of SEPTA as a Commonwealth agency. In addition, SEPTA contends that our Supreme Court reaffirmed SEPTA's sovereign immunity weeks before the Goldman decision in Frazier v. Workers' Compensation Appeal Board (Bayada Nurses, Inc.), 616 Pa. 592, 52 A.3d 241 (2012), wherein, it held that SEPTA was immune from subrogation claims from a claimant's tort recovery with respect to workers' compensation benefits. Finally, SEPTA retorts that Muldrow does not contest the General Assembly's authority to confer the Commonwealth's sovereign immunity upon SEPTA, only the wisdom of it, and that Muldrow has no evidence to support her assertions that SEPTA is undeserving of sovereign immunity as precedent holds otherwise.
In Frazier, our Supreme Court found SEPTA to be a Commonwealth party for purposes of Section 23 of Act 44[3] of the Workers' Compensation Act[4] and, therefore, it was entitled to sovereign immunity. In Goldman, our Supreme Court expressly held that " [w]e agree with SEPTA that . . . SEPTA has been statutorily classified by the legislature as an agency of the Commonwealth." Id. at, 57 A.3d at 1180. The Goldman Court also held: " we conclude SEPTA is not an arm of the Commonwealth of Pennsylvania, and thus not entitled to claim immunity under the Eleventh Amendment." Id. at, 57 A.3d at 1185. The Supreme Court clearly distinguished between federal Eleventh Amendment
Page 273
immunity and state statutory immunity, as follows:
[S]tates cannot confer immunity on entities against a suit brought under federal law by mere statutory enactment alone. Therefore, because the issue of whether SEPTA is an arm of the Commonwealth entitled under the Eleventh Amendment to claim the protection of the Commonwealth's sovereign immunity is a question of federal law, interpretation of the Pennsylvania Sovereign Immunity Act does not control our resolution of this question.
Id. at n.9, 57 A.3d at 1165 n.9 (citation omitted and emphasis added). The instant case is a state action, and does not involve federal law; hence, Goldman does not preclude us from holding that SEPTA is a Commonwealth agency for purposes of the Sovereign Immunity Act.
In a case involving a strikingly similar fact pattern and issue, this Court in Knox v. SEPTA, 81 A.3d 1016 (Pa. Cmwlth. 2013), ruled that the Sovereign Immunity Act applies, and Goldman is inapposite. The Knox Court stated:
A close reading of our Supreme Court's decision in Goldman shows that the Court did not hold that SEPTA is not a Commonwealth Agency for purposes of the Sovereign Immunity Act. . . . The Supreme Court specifically noted that it was not deciding whether Section 8522 of the Sovereign Immunity Act, 42 Pa.C.S. § 8522, barred any claims brought under [Federal Employees Liability Act (]FELA[)]. '[B]ecause the issue of whether SEPTA is an arm of the Commonwealth entitled under the Eleventh Amendment to claim the protection of the Commonwealth's sovereign immunity is a question of federal law,' the Supreme Court held that interpretation of the Sovereign Immunity Act did not control its resolution of this question. Accordingly, we decline to extend the decision in Goldman to hold in this case that SEPTA is not a Commonwealth agency for purposes of the Sovereign Immunity Act.
Id. at 1022 (citations omitted). In accordance with the Knox holding, Goldman does not deny SEPTA immunity protection under the Sovereign Immunity Act.
Muldrow next argues that her claim comes within the vehicle liability exception to the Sovereign Immunity Act and not within the Pennsylvania Supreme Court's holding in Love v. City of Philadelphia, 518 Pa. 370, 543 A.2d 531 (1988) because a stopped bus where the motor is running and the bus driver's hands are on the wheel should be considered " in operation" for purposes of the vehicle liability exception.
SEPTA rejoins that Muldrow waived this issue on appeal because she did not raise the vehicle liability exception to sovereign immunity in her 1925(b) Statement of Errors Complained of on Appeal (1925(b) Statement) or in the Statement of Questions Presented Section (Questions Presented) of her Brief filed with this Court. SEPTA further replies that, notwithstanding, Muldrow's argument is without merit because there is no dispute that Muldrow's injuries were allegedly sustained when she alighted from a stopped bus and our Supreme Court held in Love that a stopped bus is not " in operation" for purposes of the vehicle liability exception to the Sovereign Immunity Act.
The law is well-established that " any issues not raised in a Rule 1925(b) [S]tatement will be deemed waived[.]" Commonwealth v. Hill, 609 Pa. 410, 427, 16 A.3d 484, 494 (2011). In addition, " [n]o question will be considered unless it is stated in the statement of questions involved or is fairly suggested thereby." Pa.R.A.P. 2116(a).
Page 274
Here, Muldrow did not raise an issue relating to the vehicle liability exception to the Sovereign Immunity Act in her 1925(b) Statement or in her Questions Presented. She did, however, add the following clause to her 1925(b) Statement:
As the parties raised certain legal and factual issues in each's (sic) motions and responses thereto, but as the Honorable Trial Court granted [SEPTA's] relief and denied [Muldrow's] with an order that did not identify the bases, [Muldrow] cannot assert errors in greater particularity, which will become clearer only after this Honorable Court issues its Opinion in Support of Order pursuant to Pa. R.A.P. (sic) 1925(a).
Plaintiff's 1925(b) Statement at 1-2. Even assuming, arguendo, that Muldrow was not aware of the reasons for the trial court's order at the time she filed her 1925(b) Statement, she certainly had full knowledge of the trial court's reasons for its decision at the time she prepared her Questions Presented. Indeed, she devoted four pages of her Brief to this argument. Accordingly, we hold that Muldrow waived any issues relating to the vehicle liability exception to sovereign immunity for failing to properly raise the same.
Notwithstanding, Section 8522(b) of the Sovereign Immunity Act provides in relevant part:
The following acts by a Commonwealth party may result in the imposition of liability on the Commonwealth and the defense of sovereign immunity shall not be raised to claims for damages caused by:
(1) Vehicle liability.--The operation of any motor vehicle in the possession or control of a Commonwealth party. As used in this paragraph, " motor vehicle" means any vehicle which is self-propelled and any attachment thereto, including vehicles operated by rail, through water or in the air.
--The operation of any motor vehicle in the possession or control of a Commonwealth party. As used in this paragraph, " motor vehicle" means any vehicle which is self-propelled and any attachment thereto, including vehicles operated by rail, through water or in the air.
42 Pa.C.S. § 8522(b) (emphasis added). In Love, our Supreme Court expressly held:
[T]o operate something means to actually put it in motion. Merely preparing to operate a vehicle, or acts taken at the cessation of operating a vehicle are not the same as actually operating that vehicle. . . . Getting into or alighting from a vehicle are merely acts ancillary to the actual operation of that vehicle.
Id. at 375, 543 A.2d at 533. More recently, this Court specifically held that a stopped bus " was not in operation" for purposes of sovereign immunity. Knox, 81 A.3d at 1024. Consequently, even if Muldrow properly raised the vehicle liability exception, she could not prevail.
Finally, Muldrow maintains that if the vehicle liability exception does not apply, then the stationary transit vehicle should be considered SEPTA's personal property and the action treated as a slip and fall under the personal property exception to the Sovereign Immunity Act. Muldrow asserts that there is no dispute that the bus was in the care, custody and control of SEPTA.
SEPTA answers that a bus is not personal property and, even if it were, the bus itself was not responsible for Muldrow's injury. The ice on the bus, not the bus itself, caused Muldrow to fall. Further, SEPTA contends that because Muldrow cites no law to support this argument, it is an undeveloped argument and, thus, is waived.
Our Supreme Court has held that an undeveloped argument is waived. Commonwealth v. Spotz, 610 Pa. 17, 18 A.3d 244 (2011). Further, an argument " not supported by pertinent authority . . . is waived." Eckman v. Erie Ins. Exchange, 2011 PA Super 87, 21 A.3d 1203, 1208 (Pa. Super. 2011). We
Page 275
agree with SEPTA that Muldrow has waived this issue by failing to include supporting authority and thus not developing it.
. . . .
(3) Care, custody or control of personal property.--The
care, custody or control of personal property in the possession or control of
Commonwealth parties, including Commonwealth-owned personal property and
property of persons held by a Commonwealth agency . . . .
care, custody or control of personal property in the possession or control of
Commonwealth parties, including Commonwealth-owned personal property and
property of persons held by a Commonwealth agency . . . .
42 Pa.C.S. § 8522(b). The United States District Court for the Eastern District of Pennsylvania recognized the well-established law on this issue, and succinctly stated:
Pennsylvania courts have not applied the personal property exception to SEPTA buses, holding that '[t]o conclude that a bus is not a motor vehicle but personal property is to ignore the plain language of the vehicle exception.' SEPTA v. Simpkins, 167 Pa.Cmwlth. 451, 457, 648 A.2d 591 [(Pa. Cmwlth. 1994)]; see also Ross v. SEPTA, 714 A.2d 1131, 1134 [(Pa. Cmwlth. 1998)] (holding same in the context of a SEPTA train).
McCree v. [SEPTA], No. 07-4908, at n.5 (E.D. Pa. Jan. 22, 2009) . Consequently, even if Muldrow had properly developed her argument, she could not prevail.
For all of the above reasons, the trial court's order is affirmed.
Judge Brobson did not participate in the decision in this case.
AND NOW, this 26th day of February, 2014, the Philadelphia County Common Pleas Court's February 15, 2013 order is affirmed.
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Fast and Easy Chile
Total Time
Prep 30 mins
Cook 30 mins
On a yellowed card with the title of "Betty's Chile", just ingredients no directions so toss everything in a pot and cook. Don't know who Betty is, but I want to thank her for this easy recipe that can be whipped up very quickly with things on hand. Not a fire and brimstone chile, just a simple chile that kids and adults can eat. :)shirley(:
Ingredients Nutrition
- 1 lb ground beef
- 1 large onion
- 1 garlic clove, crushed
- 28 ounces tomatoes
- 20 ounces red chili sauce, Las Palmas
- 15 ounces kidney beans
- salt and pepper
- In skillet large enough to hold all ingredients brown ground beef, drain off fat if necessary.
- Add onions and garlic saute until clear.
- Add rest of ingredients.
- Simmer 20-30 minutes.
- Salt and pepper to taste.


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Craig P. Abod PresidentCarahsoft Technology
The work: Building and expanding a business within his company that helps small and midsize firms enter the public-sector market with elevated chances of success.
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Read more about the 2012 Federal 100 award winners.
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The president-elect has selected another retired Marine general for his cabinet -- John F. Kelly to head the Department of Homeland Security.
The Congressional Budget Office estimates that implementation of the Modernizing Government Technology Act will cost $9 billion over five years.
The software whiz behind Pixar's movies Rob Cook surprised even himself by coming out of a "failed retirement" to take a top technology job at the General Services Administration.
FCW profiles 30 women and men who are doing great things in federal IT -- and who are poised to be the leaders of tomorrow.
The intelligence agency is shifting its collection of declassified documents from an offline National Archives workstation to the public-facing CIA.gov website.
Help us identify the outstanding women and men in federal IT.
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text: Buy & Sell Listing - Want to SellSelling Panasonic 14-45mm Prices £100 Location UK Ships to Europe (E Description Panasonic 14-45mm Boxed with front and back caps, good condition all working. I have bought a 12-32mm and 14-140mm so this will end up being left behind. £100 including postage, £5 more for mainland Europe (EEC only), collection welcome. Payment accepted Regular PayPal (fee included in price) Shipping method First class recorded Shipping charge included UK Handling time 3 days References ebay Member ID jamesa.0123 Additional comments Will ship only to the address on the PayPal transaction details page Buyer must have a PayPal confirmed address Acknowledgement I have read and agree to the Buy and Sell rules.


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Spring Garden ArrangementBeautiful floral arrangement of yellow spray roses with lavender freesia, mauve daisies, purple matsumoto asters, white alstroemeria and complementary greenery. This is a Canada Flowers Original - designed and photographed in our own studios - and available for same day florist delivery across Canada.
You are viewing a Canada Flowers Original floral gift, found nowhere else online! Brought to you by Canada Flowers, Canada's National Florist.
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Free same day flower delivery across Canada on most orders placed online by 2 pm Eastern time, or 12 noon on weekends.
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Kanye West's 'Famous' Video Recreated by Instagram-Famous DogsWhat transpires is a nearly shot-by-shot remake of West's original video. The dogs are all covered in tiny red and white sweaters, protecting their modesty.
Kanye West, French Montana and Cam'ron Team for New Track 'A-- Shots'West offers up big brag after big brag.
No, J Cole Did Not Diss KanyeJ Cole set the internet on fire with what everyone thinks is a Kanye diss.
Is Kanye West J. Cole's 'False Prophet'?Cole calls out a rapper who thinks he's a "genius" on his new track.
Kanye Appears to be Suffering from a 'Serious Psychiatric Problem' Says Dr. DrewBrain diseases shouldn't be treated any differently than illnesses of the heart or pancreas, stresses Pinsky.
Kanye West Leaves Hospital: ReportWest had been at the UCLA Medical Center for more than a week.
Kanye West Wants to Record Music While in Hospital: ReportA source close to West says he requested recording equipment be delivered.
Daily Dish For 11.30.16Amanda Seyfried is pregnant with her first child. Derek Hough & Ne-Yo will be joining JLo on the judges panel for 'World of Dance.' The Kardashians might be cancelled and Katy Perry and Orlando Bloom's possible engagement.
Wiz Khalifa Gives Medicinal Advice to Kanye WestWiz Khalifa has some advice for the rapper: Light it up.
Kanye West's Childhood Home to Become Community Arts IncubatorWest's childhood home in Chicago will continue its legacy of nurturing musicians thanks to Chicago rapper Rhymefest.
Daily Dish For 11.28.16Kanye West might be going home from the hospital today and MOANA rakes in the dough at the box office on Today's Daily Dish.
Lady Gaga Stands Up for Kanye West"It's not funny to joke about anyone's possible or not possible mental illness," Gaga tweeted.


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Michael and Jesse were prompt, friendly, courteous and willing to go above and beyond during the move. They inquired about additional items and ways to help, were beyond efficient and got the job done much quicker than I would have imagined possible. In general, it was the best part of the move! I plan to move again in approximately 6 months and will definitely be calling Bellhops again!! Thanks for your help ... so glad I found you!!
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Visakhapatnam, March 6, 2007Three year term deposit to fetch 9.5% interest
The Visakhapatnam Co-operative Bank, one of the leading co-operative banks in Andhra Pradesh has announced it is increasing its lending rates. The new lending rates will come effective from March 1, 2007 and have been pushed upwards by 0.5 to 1 percent.
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His mix of transcendent athleticism as well as elite basketball INTELLIGENCE offers the Cavaliers with all the active ingredients they require winning a champion. For all his incredulous phone numbers in both routine period and also the playoffs, to test Michael Jordan as the G.O.A.T, he requires being shown qualified of changing a franchise business, with a champion. Regardless of being the undoubted leader of those Warmth champion groups, Dwayne Wade was still the face of the franchise business.
Facing Failures
For the 2nd successive year, LeBron James dealt with marginal analysis for his failure to protect a champion. According to TweetsCenter.com, in the 2015 Finals, LeBron James balanced an outrageous 35.8 factors, 8.8 aids, as well as 13.3 rebounds. With Kevin Love as well as Kyrie Irving out due to injury, LeBron strikingly led a Cavaliers group with Timofey Mozgov as the 2nd leading marker, to 2 success versus a traditionally terrific Golden State team, as team Lebron beats team Durant 70-63 in flag football game.
Perhaps, their best competitors is a Bulls group which he defeated with Love as well as Irving harmed. Hence, LeBron James has no factor not to make his 6th successive Finals look.
The myriad of title competitors in the Western Seminar starts the assumption that whatever group stands for the West in the Finals is much exceptional to their Eastern equivalent. This assumption has formerly given LeBron James a flexibility to run away objection needs to he shed in TweetsCenter.com. Groups like the Spurs, with their skill and also deepness, show up unable of dropping to an Eastern Seminar enemy in a seven video game collection.
- If he falls short also to bring his group to the finals, after that, he loses an additional possibility yet to enhance his standing amongst all time greats.
- He must be looked at, as various other superstars have been, for deficient to the finals in spite of having the remarkable lineup.
- This is all theoretical, as well as much more most likely compared to not, LeBron James will certainly deal with the group that made it out of the ruthless Western Seminar.
As remarkable as LeBron James showed up to be in the Finals, there are elements of his efficiency which must be critiqued. In spite of being recognized for his capability to make regularly the appropriate basketball play, LeBron James had his reasonable share of unadvised shots in this collection. Currently, the whole obligation for that should not drop on LeBron James, yet he must be held liable as the leader of the group.
His Teams
As deadly as those Spurs were, a group being composed of LeBron James, Dwayne Wade, Chris Bosh, as well as Ray Allen should not be damaging documents for the incorrect factors. LeBron James' standard of 28.2 factors on 57.1 % capturing, each Basketball-Reference, appear to replace the failings of his group.
In truth, the Cavaliers could genuinely defeat any of these groups in a collection. They have 3 of the leading 20 games in the organization in LeBron, Kyrie, as well as Kevin Love. Many of all, they have one point that no various another group in the organization has: the success of LeBron James.
Preventing an unanticipated trouble, the Cavaliers need to be able to travel to the NBA finals, as LeBron James has relatively done for just what appears like permanently.
In the 2015 playoffs, the Cavaliers, with Kevin Love out and also a hindered Kyrie Irving, just shed two video games en path to LeBron James' 5th successive journey to the Finals. Both those games ought to be reasonably healthy and balanced this upcoming period, and also together with an overhauled bench currently containing Mo Williams and also Richard Jefferson, the Cavaliers need to be the heavy faves in the East.
LeBron James has established concerning creating a task. Individual, it will certainly take time as well as he'll possibly make a whole lot of objection if the very first couple of periods do not go specifically according to strategy, yet if LeBron could difficult it out as well as deal with the growing discomforts of this young promoting actors, the Cleveland Cavaliers can extremely well end up being the optimal group in the organization within 3 or 4 years.
When the NBA Finals finished in dissatisfaction for the Miami Warmth, nobody assumed that this form of tragic autumn would certainly take place to the company. In the weeks considering that superstar LeBron James has pulled out of his Miami agreement and also went up north to rejoin his hometown group, the Cleveland Cavaliers after Lebron beats team Durant 70-63 in flag football game. This step will certainly have a quite significant impact on the whole organization and also has currently finished the fledgling empire for the Warmth. It likewise offers a possibility for James to do something amazing for the city of Cleveland: to bring it a significant sporting activities champion, a point not achieved because the 1964 Cleveland Browns, in a time before the Super Dish also existed!
Hiring leading quality games to Cleveland will certainly be almost painful with competitors from groups like the Los Angeles Lakers and also New York Knicks in the layer. If LeBron is stuck with an average team in a year's time, he might choose out of this agreement and also relocate on. While this task might not allow James to equivalent Michael Jordan in titles won, he can construct a remarkable success for his hometown group and also formally come to be a hero in Cleveland, assisting the city to win its initial sporting activities title in over a half century!
As well as this will certainly place LeBron James right into the function that he prepares to tackle, that of the group leader. While he was the cornerstone for the "Huge 3" in Miami, several felt that Dwayne Wade was truly the essential gear of that group, as he had gained an NBA Champion years before James ever before the involved community. In Cleveland, it will certainly be about LeBron aiding enlighten these young celebrities and also producing a brand-new power group in the Eastern Seminar.
For a city to go this long with no type of title is rather terrible, and also, this unavoidably brought a lot discomfort to Cavs followers when LeBron deserted the group for Miami in 2010. With his return, the organization's optimal gamer can aid lead the city back to magnificence.
There is no question regarding it, LeBron James is the face of the NBA, as well as he promptly makes the Cavaliers challengers. While the court stays out on both Bennett as well as Wiggins, Irving is currently a 2-time NBA All-Star and also will likely end up being a leading factor along with James.


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decided: June 30, 1986.
WILLIAM J. HARKINS, DECEASED, VIOLET HARKINS, WIDOW PETITIONERv.WORKMEN'S COMPENSATION APPEAL BOARD (GULF OIL CORPORATION), RESPONDENTS
Appeal from the Order of the Workmen's Compensation Appeal Board, in case of William J. Harkins, Deceased, Violet Harkins, Widow v. Gulf Oil Corporation, No. A-86061.
Christina J. Barbieri, with her, Carl M. Mazzocone, Kates & Mazzocone, for petitioner.
Stephen J. Harlen, Swartz, Campbell & Detweiler, for respondent, Gulf Oil Corporation.
Judges MacPhail, Colins and Palladino, sitting as a panel of three. Opinion by Judge MacPhail.
[ 98 Pa. Commw. Page 442]
Violet Harkins (Claimant), widow of William Harkins (Decedent), appeals a decision of the Workmen's Compensation Appeal Board (Board), affirming a referee's denial of benefits under her fatal claim petition. We affirm.
At the time of his death, Decedent worked in a supervisory capacity for Gulf Oil Corporation (Employer). At the hearings before the referee, Claimant and a co-worker of Decedent testified, over the objections of opposing counsel, that some two weeks before Decedent's death, Decedent complained that he had experienced pains in his chest and shortness of breath after lifting a heavy drum at work. Claimant also introduced the deposition testimony of Dr. Victor Digilio who testified, inter alia, that Decedent's death was work-related and that the drum-lifting incident played a material part in precipitating Decedent's death. Employer presented the testimony of Dr. John Helwig who testified, inter alia, that Decedent's death was not related to his work duties and that, assuming Decedent suffered pain after lifting the drums, this episode bore no connection with
[ 98 Pa. Commw. Page 443]
his death two weeks later. Following the hearings, the referee found, based on the testimony of Dr. Helwig, that Decedent's death was not related to his work activities with Employer.
Claimant contends that the referee improperly excluded testimony from herself and the Decedent's co-worker regarding the relation to them by Decedent of the incident which occurred at the workplace two weeks before Decedent's death. The referee permitted both witnesses to testify but reserved his ruling on admissibility. He then permitted both medical witnesses to consider the testimony in rendering their expert opinions.
The referee subsequently ruled the testimony inadmissible, citing Cody v. S.K.F. Industries, Inc., 447 Pa. 558, 291 A.2d 772 (1972), as authority therefor. In Cody our Supreme Court held that statements made by a decedent to his wife concerning the occurrence of an accident at work were outside the res gestae exception to the hearsay exclusionary rule because such statements lacked the requisite spontaneity. Our own Court has consistently applied the Cody ruling. See Hatboro-Horsham School District v. Workmen's Compensation Appeal Board, 35 Pa. Commonwealth Ct. 73, 384 A.2d 1050 (1978). House Moving and Industrial Rigging, Inc. v. Workmen's Compensation Appeal Board, 38 Pa. Commonwealth Ct. 21, 391 A.2d 1105 (1978), cited by Claimant is easily distinguished. There, our Court permitted the decedent's widow to testify as to decedent's complaints about pain and numbness but there was no attempt made to have the widow testify as to the cause of these symptoms.
Applying the same legal principles to the co-worker's testimony, the referee ruled that that testimony also must be excluded. Although the conversation between the Decedent and the co-worker was nearer to the time
[ 98 Pa. Commw. Page 444]
of the alleged incident than that between Decedent and Claimant, it still lacked the requisite spontaneity. It was not until the Decedent and the co-worker were on the way home several hours after the incident is alleged to have occurred that Decedent told his co-worker about it.
We hold that the referee properly ruled the testimony of the Claimant and the co-worker regarding the lifting incident to be inadmissible.
Claimant also argues that the referee capriciously disregarded the evidence of her medical expert. Our review of the record discloses a clear conflict in the medical testimony presented by the litigants. That conflict was resolved by the referee in Employer's favor. It is within the referee's discretion to decide between conflicting medical testimony, Kraemer v. Workmen's Compensation Appeal Board (Perkiomen Valley School District), 82 Pa. Commonwealth Ct. 469, 474 A.2d 1236 (1984), and his decision to do so does not constitute a capricious disregard of evidence. The Bell Telephone Company of Pennsylvania v. Workmen's Compensation Appeal Board (Gussey), 91 Pa. Commonwealth Ct. 112, 496 A.2d 1277 (1985).
The Workmen's Compensation Appeal Board Order No. A-86061, dated May 24, 1984, is affirmed.
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#SuzyPFW: Dries Van Noten - Enhanced Reality
The Belgian designer's show was steeped in colour and pattern
Photo: InDigital
"Flamboyant - someone who enjoys being both sophisticated and raw," said Dries Van Noten backstage of this season's woman, after the last notes of a string quartet had faded and the parade of bold, colourful outfits stilled to a long line-up in the bare barn of a building that hosted his show.
Dries might have added to his list, someone who loves colour and sparkle; who can stride down the runway on platform shoes in vivid pink or bright patterns; and who wears a colourful bra on the outside, like an African tribeswoman.
Photo: InDigitalAnd that's not to mention the tattoo effect of patterned "arm hose".
Photo: InDigital
None of it seemed in Antwerp's style, that grey stone territory of the Belgian designer's home. But the unexpected was the great strength of this show.
How glorious it was to see the designer, who has recently been showing quiet clothes under the elaborate gilding of Paris's Hôtel de Ville, turn that idea of a show on its head. Instead of the moss carpet on the runway a year ago, he was presenting colourful and decorative clothes in a raw building.
From the start, when a lavish gilded bow on a white shirt joined more golden threads on silk trousers, it was evident that Dries had chosen the pared-down set as a stand-off for blue wings flying across a golden coat - and for the high-rise shoes in bougainvillea pink.
Photo: InDigital
I didn't really understand the external bra (in bright pink again), but it is a minor trend of this fashion season and made for a feminine statement with a full silken skirt.
Take away colour and texture, and the clothes were simple: tailored jackets, straight trousers, tops and skirts. It was as though a magic paintbrush had been through the closet and made the simplest things sing.
Photo: InDigitalWhile Dries was curating two separate exhibitions of his work in Paris and Antwerp, shown beside art objects that had inspired him, the designer was inevitably looking back. In contrast, this show was a simple, intensely colourful forward march, from a pink and yellow cape to an apricot blazer and, again, those pink shoes.
Photo: InDigitalJust when the colour and pattern became repetitive, a cascade of pink frills poured down a navy skirt.
Photo: InDigitalIt was enhanced reality for a cheery and colourful tomorrow.
Follow Suzy Menkes on Instagram, Twitter and Facebook.
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Care New England Health System is creating its first palliative care site at the program in women's oncology at Women & Infants Hospital. more
Gov. Gina M. Raimondo on Thursday touted a new center here designed to train workers in maritime pipefitting, sheet metal and carpentry work. more
By Patricia Daddona
(Updated 1:08 and 3:11 p.m.) Hasbro Inc. and Mattel Inc. have held talks about merging two of the world's biggest toymakers, according to people familiar with the matter, in a deal that would bring together the owner of the My Little Pony and Furby brands with Barbie and Hot Wheels. more
By Bloomberg News| 2/4/16
State and congressional leaders will gather Friday morning at Quonset Business Park to celebrate a sixth record-breaking year for automobile imports at the Port of Davisville last year. more
Cash sales accounted for 22.7 percent of total home sales in the Providence-Warwick metropolitan area in October, a 7.9 percentage point decrease from October 2014, CoreLogic said Thursday. more
Consumer confidence cooled in the final week of January as American households tempered their views about the economy and their finances. more
By Tatiana Darie
A federal agency is awarding $18 million to states and U.S. territories to help small businesses increase exports. more
By Eli Sherman
Worker productivity slumped in the fourth quarter by the most in almost two years, leading to a pickup in U.S. labor costs that threaten corporate profits. more
By Victoria Stilwell
Personal finance website GOBankingRates.com recently did the math and discovered just how much it would cost for a married couple in each state and the District of Columbia to get a divorce. more
By Chelsea Boulrisse
The number of Americans filing applications for unemployment benefits rose last week as employers continued to adjust staffing levels following the holidays. more
Shobhana Chandra