text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
October 17, 1958
PAUL F. BEITER, PLAINTIFF-APPELLANT,v.CHARLES ERB AND LOUIS FRANKEL, DEFENDANTS-APPELLEES.
Before MAJOR, FINNEGAN and HASTINGS, Circuit Judges.
MAJOR, Circuit Judge.
Paul F. Beiter, a resident of the State of Wisconsin, instituted this action against Charles Erb and Louis Frankel, residents of the State of Illinois, for the recovery of damages to person and property sustained as a result of their alleged negligence. Jurisdiction rests upon diversity of citizenship, with the requisite jurisdictional amount.
The complaint, so far as here material, alleges:
"That on the 19th day of August, 1954, the Defendants were the owners of cattle which were maintained and kept on a farm owned by the Defendant Louis Frankel, abutting Highway 20 in McHenry County, Illinois.
"That on said day at about 1:00 o'clock in the moring, the Plaintiff, in the exercise of due care for the safety of his own person and property and for that of others, was driving his automobile in a westerly direction on said highway, and the Defendants had allowed a cow to be at large on the highway in violation of the Statute hereinafter set forth. That as the proximate consequence of the negligence of the Defendants in violation of said Statute in allowing said cow to be at large and upon the highway, the said cow and the automobile operated by the Plaintiff collided and Plaintiff was thrown down and injured * * *."
(Then follows a description of the injuries sustained by plaintiff and of the damages to the automobile which he was driving.)
The statute referred to in the complaint is Chapter 8, Sec. I, Ill.Rev.Stats.1957, and is entitled, "Domestic Animals Running at Large." It provides:
"Hereafter, it shall be unlawful for any animal of the species of horse, ass, mule, cattle, sheep, goat, swine or geese, to run at large in the State of Illinois: Provided, that no owner or keeper of such animals shall be liable for damages in any civil suit for injury to the person or property of another caused by the running at large thereof, without the knowledge of such owner or keeper, when such owner or keeper can establish that he used reasonable care in restraining such animals from so running at large."
Defendants' answer contained a general denial of the allegations of the complaint, an allegation of contributory negligence on the part of plaintiff and an affirmative defense of no negligence on their part.
A trial was had by jury which returned a verdict in favor of defendants. From the judgment entered thereon plaintiff appeals.
Plaintiff in his brief under the heading, "Contrested Issues," enumerates a number of propositions which are not contested issues but mere statements of fact or principles of law about which there can be little, if any, disagreement. In the argument portion of his brief, however, he has simplified and apparently isolated the sole issue relied upon in this Court. Plaintiff, after referring to the unfavorable jury verdict, states:
"The Appellant then made a motion for a new trial based on the contention that contributory negligence, short of contributory negligence as a matter of law, is not a defense to an action brought under Chapter 8, Section I of the Illinois Statutes and that the Jury should have been so instructed as requested by the Appellant."
Plaintiff further states:
"The contention on which this appeal is based then is this: That in a case brought under Chapter 8, Section I of the Illinois Statutes, contributory negligence short of contributory negligence as a matter of law is not a defense which can be availed of.
"During the course of the trial Appellant made admissions from which the Jury could have drawn and Appellant thinks, very probably did, draw a conclusion that his accident was due primarily to contributory negligence on his part."
Thus, plaintiff in effect concedes that the jury might well have found that the accident was the result of contributory negligence on his part. However, in an extended argument he cites and discusses many cases in an attempt to demonstrate that mere contributory negligence is not a defense to an action for negligence based upon a statutory violation. We need not cite or discuss such cases because we are convinced there is no case in Illinois which sustains plaintiff's contention. Plaintiff apparently overlooks the fact that this is not a criminal action or an action to recover a penalty for a statutory violation. It is simply an action for personal injuries and property damage allegedly resulting from defendants' negligence consisting of a statutory violation. It is the universal rule in Illinois, so we think, that in an action for damages to person or property resulting from a defendant's negligence that plaintiff must allege and prove that he was in the exercise of due care and caution for his own safety or, conversely stated, that he was free from contributory negligence. Illinois Central Railroad Co. v. Oswald, 338 Ill. 270, 274, 170 N.E. 247; Dee v. City of Peru, 343 Ill. 36, 41, 174 N.E. 901.
More important is the fact that the Appellate Courts of Illinois in not fewer than five cases have either held or recognized that contributory negligence is a defense to an action for negligence predicated upon the statute relied upon in the instant case. Such an action was before the Court in Fugett v. Murray, 311 Ill.App. 323, 35 N.E.2d 946. In response to defendant's contention that plaintiff had failed to prove that she was in the exercise of due care and caution for her own safety, the Court stated (at page 333 of 311 Ill.App., at page 951 of 35 N.E.2d):
"The general rule is that negligence and contributory negligence are questions of fact for the jury, and so long as the question remains whether either party has observed that degree of care and caution imposed upon him by law, and the determination of the question involves the weighing and consideration of evidence, the question must be submitted as a question of fact to the jury."
In Guay v. Neel, 340 Ill.App. 111, at page 119, 91 N.E.2d 151, at page 154, the Court, in response to a similar contention by the defendant, stated:
"There was evidence that plaintiff's husband was driving with due care and with the lights on and that the horses suddenly ran upon the road. The court had a right to find that the impact in which Frosty was killed was not proximately caused by the negligence of the driver of the car."
To the same effect in similar actions see Guffey v. Gale, 332 Ill.App. 207, 216, 74 N.E.2d 730; Farrell v. Crawford, 222 Ill.App. 499, 502; Donaghue v. Fraikin, 200 Ill.App. 339, 341.
Thus, the Illinois cases clearly require a rejection of plaintiff's theory that contributory negligence on his part was no defense in the instant action. Plaintiff, in what is designated as a supplemental brief, contends that the Court erred in its refusal to give certain instructions offered by him. We have considered the argument relative thereto and think it is without merit. Particularly is this so when we take into consideration plaintiff's tacit concession that there was evidence from which the jury might well have found that the accident was proximately caused by his contributory negligence. Moreover, we have read the Court's charge to the jury and are of the view that it was fair and adequate.
The judgment appealed from is
© 1998 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Returning with the End of Day analysis, Nathan takes a look at his favorite potential trades.
**Note for DTT Members: I am using the newest version of the DTT TOOL SET which will be released to you tomorrow.
[leadplayer_vid id="53445719144F4″]
The following two tabs change content below.
Winners Edge Trading was founded in 2009 and is working to create the most current and useful Forex information and training available on the internet.
Latest posts by admin (see all)
- I made 3.91% Return Today - October 20, 2016
- How To Plan a Trade From Start to Finish - May 3, 2016
- How To Trade The Eur/Usd Right Now - April 29, 2016
Winner's Edge Trading, as seen on:

subset: commoncrawl


text:
Bizarre Foods Delicious Destinations
Tues 9|8c
Booze Traveler
All New Dec 12 at 10|9c
Expedition Unknown
Wednesdays at 9|8c
Hotel Tipping Etiquette 01:48
Tour South Africa 02:33
North Carolina
$10K Grand Prize: Winter Escape Sweepstakes
Trail Ridge Road is a spectacular way for first-time travelers to see Rocky Mountain National Park. This scenic byway reaches a maximum elevation of 12,183 feet — making it the highest continuous motorway in the United States.
The Cub Lake trail is a good place to start hiking, especially for travelers who aren't as use to the park's high elevation. The trail traverses aspen and pine forests and ends at the pristine Cub Lake.
Alexandra Vandeventer
Rocky Mountain National Park is by far the busiest in summer, but late May and early October are far less crowded times. Summer visitors can also plan visits early in the morning or late at night, or seek more solitude be hiking further into the backcountry.
About a four-hour drive south of Denver, Great Sand Dunes National Park contains the highest sand dunes in North America.
Jarrod Clift
Sprawling across Colorado's San Luis Valley, the dunes have been collected and shaped for over a millennia by the wind.
The White River National Forest is best known for its ski areas like Aspen, Beaver Creek, Keyston, and Vail. For less developed recreation opportunities, there are fewer places in Colorado more scenic to hike.
Addie Navarro
The Missouri Lake Trail in the Holy Cross Wilderness meanders through forests, meadows, and over a pass that is snow-covered even in August.
Not more than 350 miles away, Arches can be a quick getaway for outdoor adventurers who seek the desert sun and red rock spires.
Like the Great Sand Dunes, the eroded buttes and sharpened spires of the Badlands don't offer the typical picturesque views of Rocky Mountains. At the edge of the prairie, the sculptured landscape looks like something out of science fiction.
National Parks Near Denver
9 Photos
Andrew's Top 5 for Denver 03:00
Sports Spots in Denver
Adventurous Dining in Denver 02:33
Denver's 8 Best Breweries
Amy's Denver Tips 02:55
Colorado's Peculiar Criminal 03:11
Wanted: Illegal Pete's Burrito 03:13
A Fraudulent Photographer? 02:47
Top 10 Attractions in Denver 03:44
Undead Haunted House 02:13
Prepare for a Scare 02:14
The 13th Floor 02:17
Please Move Your Dead 03:23
Menominee Park Sunrise
Telluride Gondola
Dunton Hot Springs
Learn about amazing travel experiences. Sign up for the Travel Channel newsletter.
Thanks for signing up. Check out more newsletters from Travel Channel.
Join the party! Don't miss Travel Channel in your favorite social media feeds.


text:
STRATFORD - A Stratford woman who had been reported missing for nearly three days was found dead in her home.
Police say the body of Frances Rodriguez was discovered in her bedroom yesterday afternoon, inside the home she shares with her husband and son.
The body was buried under a pile of blankets in a small space between her bed and the wall.
A police officer said he spotted the body when he noticed a foot sticking out from the pile.
The woman's husband says she had health problems and was taking several medications. Police say Rodriguez died of natural causes and they do not suspect foul play.


text:
We are offering high quality IR-8 Non Basmati Rice that is hygienically processed at our state-of-the-art processing unit. IR-8 Non Basmati Rice is free from any sort of adulteration as well as chemical & pesticides treatment. IR-8 Non Basmati Rice that we offer is extensively appreciated for superior quality, great taste, rich aroma and soft texture. IR-8 Non Basmati Rice is available in quality packaging for in
Deals in Wheat Bags, Non Basmati Rice, Fertilizer Bags, Hessian Cloth
Shantinath Corporation
B/h Ashirwad Agro Industries, Bavla Sanad Road, Bavla, Gujarat , India
Deals in PAR BOILED RICE IR8, Par Boiled Rice, PAR BOILED RICE GR11, PAR BOILED RICE IR 64, Non Basmati Rice
Suryoday Rice Mill
Daran Road, Nr. Ramdevpir Mandir, Gujarat , India
Deals in Bold Reddish Peanuts, Parboiled Rice, White Boiled Rice, IR 64 Raw Rice, Java Peanuts, IR 8 Non Basmati Rice, Bold Groundnut Kernels, Bold Oily Peanut, Kolam Rice, Parimal Rice, Boiled Rice, Peanut Kernels, Broken Rice, Peanut Seeds, Tj Peanut, Oil Seeds, Wheat Seeds, Guar Gum Seeds, IR-8 Non Basmati Rice, Indian Rice


text:
Pre-order now. Dispatches in 15-20 days*. Conditions Apply*
This product dispatches in 8-10 business days*. Conditions Apply*
Order today with Bajaao Express , and your product will dispatch in 24 hours
Special Import. Usually dispatches in 12-15 Days. Conditions Apply*
Special import. Dispatches in 5-8 days from International Warehouse. Conditions Apply*
This item is out of stock
Buy DBX 224 Advanced Feedback Suppression Processor online in India at the best price with free shipping from BAJAAO - India's music equipment superstore.
DBX 224 Advanced Feedback Suppression Processor.
Advanced Feedback Suppression!
The AFS 224 Advanced Feedback Suppression processor provides state-of-the art feedback elimination processing with a simple and intuitive control interface. From the powerful DSP module to the no-nonsense user interface, the AFS 224 provides all the processing and control necessary for both installation and live use. The AFS 224 is an absolute must for any live sound application.
Ten and twelve filter feedback elimination processors have become the de facto standard - the AFS 224 offers up to 24 filters per channel with filter Qs up to 1/80 of an octave. To achieve these staggering numbers dbx utilized their patent-pending AFS technology, that had previously only been available in the upper echelon line of products, and made it available in this stand-alone processor, which takes all of the guesswork out of feedback removal. In addition to the plethora of feedback suppression filters available, the AFS 224 also offers selectable modes, live filter lift, and types of filtration, which are all readily available via the intuitive user interface front panel.
DBX 224 Features:
Collections: dbx Pro, Feedback Reduction, Mega Discount, Professional Audio/Video, ₹20,000 to ₹30,000
Sign up for access to exclusive deals, special offers and more …
© 2016 BAJAAO.COM. BAJAO | BAJAAO Music Private Limited


text:
ERIC Number: ED197245
Record Type: RIE
Publication Date: 1980-Sep
Pages: 12
Abstractor: N/A
Reference Count: 0
Are Professional Women Overworked?
Yogev, Sara; Vierra, Andrea
Many studies report severe role overload problems for spouses and particularly for the wives in dual-career families; whether this overload is perceived by subjects themselves or by the researchers is not always clear. To clarify the overwork issue, the perceptions of university faculty women (N=151) regarding their career and domestic work loads were investigated. Subjects estimated the time they spent on their professions, their households, and their families, and judged to what degree they felt overworked. All subjects, who were divided into four groups according to their marital and motherhood status, reported working many hours per week, with mothers working considerably more (over 100 hours per week) than childless women (over 70 hours per week). However, none of the subjects reported feeling particularly overworked. If professional women with families are not aware of, or do not admit to, being overworked, they may not attempt to alleviate pressure which could have serious implications for their families, parenting, and career development. (NRB)
Publication Type: Reports - Research; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Dual Career Family
Note: Paper presented at the Annual Convention of the American Psychological Association (88th, Montreal, Quebec, Canada, September 1-5, 1980). Best copy available.


text:
- Anonymous
- Germany, Couple, 31-40
- Novice Nomad
- 4 reviews
We had a nice time at Grand Playa. Friendly staff and well located place. Far enough from the noisy party spots and close enough for authentic food, crowded shopping zones and the beaches. Also the bus station is just a five minute walk away. The hostel has a pool as well as a green patio. The shared bath rooms are clean and the kitchen is well equiped. A good choise for Playa.
- Anonymous
- England, Male, 31-40
- Novice Nomad
- 9 reviews
Great staff, great atmosphere
- Anonymous
- Japan, Female, 18-24
- Novice Nomad
- 3 reviews
There was always an atmosphere that everyone are friendly and kind to other people like a family. Thank you all!
Hostelworld Mobile Apps
Book on the go with the new Hostelworld mobile apps.


text:
Subcategory: Headers
Model: 9120
Tillage/Harvest/Spraying, Air Drills (4250) in Darlingford, MB
57', 10" spacing, 550 lb. shanks, 4" rubber packers, 3" Atom Jet paired row openers with carbide tips and wings, DS dry. 430 bu. tank, 3 comp., 8 run double shoot, dual fans, variable rate drives, Trelleborg 900x60/32 tires, c/w mount
View on Western Producer
Tractors, Massey Ferguson (4301) in Rocky Mountain House, AB
6500 hrs., 110 HP, 3 PTH, loader/grapple, 3 hyds. 540/1000 rpm, quick release loader, good rubber, very good condition,
Tillage/Harvest/Spraying, Swathers (4145) in Darlingford, MB
30', 123 HP engine, 1900 hrs., cab susp., hyd. fore/aft and tilt. Roto Shears on each end and Mandako mounted 10' swath roller used one season.
Tillage/Harvest/Spraying, Harrows & Packers (4256) in Charlie Lake,, BC
heavy shanks, 10" spacing, knock-on sweeps, 4 bar mounted harrows with floating hitch, always shedded, exc. cond.


text:
Twins Lose In 12
Ian Kinsler singled in the go-ahead run in the 12th inning as the Tigers topped the Twins 7-4 at Target Field. Detroit took two of three in the series. Eddie Rosario homered and drove in …17 Sep 15
Local News, Multimedia, Sports - The Local Connection
Wheeler Dealer
Ian Kinsler singled in the go-ahead run in the 12th inning as the Tigers topped the Twins 7-4 at Target Field. Detroit took two of three in the series. Eddie Rosario homered and drove in …17 Sep 15
Andrew Romine's sacrifice in the ninth was the difference as the Tigers edged the Twins 5-4 at Target Field. Miguel Sano had a two-run single and Joe Mauer doubled in a run for Minnesota. Phil …16 Sep 15
The Twins led 6-0 after two innings and cruised to a 7-1 win over the Tigers in Minnesota. Eduardo Escobar homered and plated a pair for the Twins, who remain a game behind the Rangers …15 Sep 15
Miguel Sano smacked a go-ahead solo homer in the top of the 12th inning to lift the Twins past the Royals 3-2 in Kansas City. Kurt Suzuki went deep in the sixth and Joe Mauer …10 Sep 15
The Royals struck for four runs in the first and held on for a 4-2 victory over the visiting Twins at Kauffman Stadium. Joe Mauer and Brian Dozier each drove in a run in the …09 Sep 15
Eduardo Escobar went 3-for-3 with three RBI to lead the Twins to a 6-2 win over the Royals in Kansas City. Aaron Hicks hit a solo homer for Minnesota, which is a game-and-a-half behind Texas …08 Sep 15
Mike Pelfrey got rocked for seven runs in four innings as the Twins got shut out by the Astros, 8-0, in Houston. Pelfrey slipped to 6-and-9 with the loss for Minnesota, which has lost back-to-back …05 Sep 15
J.B. Shuck tripled in the go-ahead runs in a three-run seventh inning as the White Sox rallied to top the Twins, 6-4, and deny the sweep at Target Field. Casey Fien took the loss for …04 Sep 15
Four members of Twin Valley Council Boy Scout Troop 25. Brian Longtin, age 13; Glenn Howell, age 16; Jeremy Holm, age 16; and Bennett Carlson, age 12, received this months Hometown Hero Award. The youths …


text:
Book a room
|December Events 2016
|Monday 28th November
Pelican Cancer Christmas Gift Fair
Raising money for the Pelican Cancer Foundation, stalls will be selling luxury clothing, stylish
|Wednesday 9th November
Christmas Wine School
A collection of bottles suitable for the festive lunch and some tips on what to match with, serving ideas, plus a host of tips on making the most important lunch of the year stress-free!
|Monday 5th December
Christmas Ladies Lunch
Enjoy a Champagne toast on
|Sunday 25th December
Christmas Day Lunch
Welcome to food heaven. With five delicious
|Monday 26th December
Boxing Day Lunch
Indulge your palate with this mouthwatering
|Saturday 31st December
New Year's Eve


text:
Prices, promotions, styles and availability may vary by store and online.
The Model Seven and Model Seven magnum are available in CDL versions. They're satin blued and feature clean, unsighted barrels (350 Remington Mag features 20" magnum contour barrel w/sights), handsome American walnut classical styled CDL stocks and R3 recoil pads with Limbsaver technology. With a precision balanced 20" or 22" barrel and a weight of just 6 1/2-7 3/8 lbs. the Model Seven is the ultimate dense cover rifle. Featuring the same strength and unmatched out-of-the-box accuracy as our Model 700 Action.


text:
Business Services London
Is your organisation underperforming?
Might another approach work?
The holistic approach of the SMAM Group provides the best chance of long term business success.
Our recruitment services are able to provide that key person. Visit Project Manager Jobs
Our management consultancy services will provide the rest of your organisation with the tools and systems to manage change and costs. Visit Management Consultants London
Our marketing and media buying services will help establish your brand as one of the leaders. Visit Marketing Strategy Solutions
Business Services Birmingham
Our conference and events marketing services can be found here. Visit NEC Birmingham.Co
Visit our specialist companies above and access a menu of unique business services.


text:
3001 Mccords Ferry Road Cameron SC 29030 MLS# 16022576 - Cameron SC Real Estate
843-225-7007 - call to view this property today!
3001 Mccords Ferry Road - $65,000
Cameron, SC 29030
MLS # 16022576 - Residential Real Estate
2011 Clayton home with 3 Bedrooms and 2 bathrooms on a 1 acre lot in the Lone Star Community of Calhoun County. Only minutes to Low Falls Landing on Lake Marion. Includes above ground pool and a nice metal workshop/storage building. Come take a look!
View the Full Details and Schedule a showing of this home in Cameron
Call 843-225-7007 for info
Please contact us if you have any questions or comments.


text:
My Beatport lets you follow your favorite DJs and labels so you can find out when they release new tracks. Log in or create an account today so you never miss a new release.
Already have an account? Log In
My Beatport lets you follow your favorite DJs and labels so you can find out when they release new tracks. So go follow someone!
Beatport is the world's largest electronic music store for DJs
Invalid login. Please try again.
My Flavoured Coffee, Vol. 1 (Selection Of Finest Chill Out & Lounge Beats)
Joe Le Blanc,
Luca Bertoni,
TV Junkies,
Bildertal & Gluexskind feat. Dia,
Marga Sol,
The Lounge Cafe,
Daslang feat. Jazza,
Area Code 51,
Michael E,
Peter Pearson,
Living Large,
Naoki Kenji,
Living Room,
Gee Jeep,
Polina Geht!,
Danny Hay,
Jazz Nature,
The Smokering,
Gordon Geco,
Steven Solveig,
Johannes Huppertz,
Ricardo Manuel,
Pier O,
Bank Of Sound,
Castle Bromwich feat. Sandra Wings
Karma Feelings
There's nothing in the player. Choose a track and either play it or add it to the queue to get going.
View Keyboard Shortcuts
Share on Twitter
Share on Facebook


text:
1.99% APY 24 Month Certificate of Deposit
Certificate of Deposit rates and Annual Percentage Yields are fixed for the duration of the term. Penalties apply for early withdrawals from Certificates of Deposit. Minimum of $1,000.
1.99% Auto Loan Transfer
Minimum 640 credit score. 2009-2016 vehicle models. Term based on value. Loan-to-Value up to 110%. GAP Insurance, CUNA Credit Disability, and CUNA Credit Life Insurance available.
1.99% Intro Rate for Home Equity Line-Of-Credit
1.99% Interest rate for first 12 months. Rate adjusted quarterly 5% Floor. 20 Year Loan (10 year draw, 10 year pay back). Minimum 660 credit score. 80% Loan-To-Value. Minimum $20,000-Maximum $100,000.


text:
Get rewards and exclusive deals, make lists, check your order status, and more.
Online or in-store, we'll help you create the ultimate home entertainment experience.
Premium appliance brands and expert service available inside select Best Buy stores.
Shop a wider selection, talk to a camera expert and try before you buy at select Best Buy stores.
Great deals happening right now.
This week's best deals, all in one place.
A great deal, today only.
Clearance, pre-owned, refurbished and open-box.
Student Deals & Back to School
Best Buy is dedicated to always offering the best value to our customers. We will match the price, at the time of purchase, on a Price Match Guarantee product if you find the same item at a lower price at a Designated Major Online Retailer or at a local retail competitor's store.
Exclusions apply including, but not limited to, Competitors' service prices, special daily or hourly sales, and items for sale Thanksgiving Day through the Monday after Thanksgiving. See the list of Designated Major Online Retailers and full details.
Normal Wear & Tear · Power Surges
Plan Details
Item Added.View List
With one-touch settings make operation simple. A child lock helps prevent unsupervised use.
Accommodates a variety of snack and meal items.
Enable versatile cooking.
Intuitively determines the appropriate power level and time needed to thaw frozen items.
Automatically selects the power level and cooking time to reheat leftovers.
Lets you prepare popcorn simply by entering the bag size.
Rotates food to ensure even heating.
Illuminates your stove's surface to promote visibility while cooking.
Effectively blows steam, smoke and cooking odors out of your kitchen.
Traps impurities and can easily be cleaned.
With cook function and automatic shutoff make it easy to keep track of the time of day and cooking times.
Looks like there aren't enough negative mentions yet.
14 out of 16 found this review helpful.
12 out of 13 found this review helpful.
12 out of 14 found this review helpful.
8 out of 8 found this review helpful.
7 out of 7 found this review helpful.
8 out of 9 found this review helpful.
6 out of 6 found this review helpful.
Please enter a valid email address.
System Error: Please try again.
Thank you. Please check your email.
Prices and offers are subject to change. © 2016 Best Buy. All rights reserved. BEST BUY, the BEST BUY logo, the tag design, MY BEST BUY, and BESTBUY.COM are trademarks of Best Buy and its affiliated companies.


text:
Classifieds » Cheshire Classic Cars
Cheshire Classic Cars
Location: Chester, United KingdomVisit Dealer Website »
- 9,800 miles
- Petrol
- 276 bhp
- Manual
This is the only high tune Nissan 350Z made by Veilside for the third Fast & Furious film, Tokyo Drift. It is the actual car that Takashi (known as DK - Drift King) owned and drifted in the movie. This includes the memorably perfect drift up the c...
No recent searches


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
August 29, 2012
SHAWN ROBINSON, EX. REL., M.R., A MINOR, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
Michael T. Mason, United States Magistrate Judge:
Plaintiff, Shawn Robinson ("plaintiff" or "Ms. Robinson"), has filed a motion for summary judgment [26] seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner"), pursuant to 42 U.S.C. § 1383(c)(3). Ms. Robinson pursues disability benefits on behalf of her minor child, M.R. ("M.R."), under Title XVI of the Social Security Act. For the reasons set forth below, plaintiff's motion for summary judgment [26] is granted in part and denied in part, and the case is remanded for further proceedings consistent with this opinion.
Ms. Robinson filed an application for supplemental security income ("SSI") on behalf of M.R. on October 23, 2007, based on M.R. having Attention Deficit Hyperactivity Disorder ("ADHD"). (R. 95-97.) That application alleged a disability onset date of February 1, 2001, and was denied initially and upon reconsideration. (R. 95, 59-62, 64-68.) In response to those denials, Ms. Robinson sought a hearing, at which she and M.R. appeared without counsel and testified on June 3, 2009. (R. 78-80, 8-43.) On June 19, 2009, Administrate Law Judge ("ALJ") Steven Templin issued a decision denying benefits. (R. 49-58.) The Appeals Council denied Ms. Robinson's request for review of that decision (R. 3-5), and Ms. Robinson filed a timely appeal to this Court. The parties have consented to our jurisdiction pursuant to 28 U.S.C. § 636(c) [12].
M.R. was born on December 2, 2000. (R. 45.) While she has been treated for asthma and asthma-related symptoms in the past, M.R.'s ADHD is the "primary diagnosis" that forms the basis of her current SSI application.*fn1 (Id.)
A. Medical and Other History
According to records from Provena St. Joseph Hospital, on the morning of May 24, 2007, M.R. became very upset and agitated, held a fork to her throat, and told her grandmother Geraldine Robinson that she wanted to kill herself. (R. 195, 206.) Geraldine Robinson then took M.R. to Provena St. Joseph's emergency room. (Id.) While there, an emergency department physician and a social worker completed a Behavioral Health Intake Assessment questionnaire. (R. 206-10.) That assessment states that M.R. had expressed suicidal thoughts, and had a specific organized plan, but otherwise showed a "low" "level of dangerousness." (R. 206, 208.) According to that assessment, M.R. admitted that on two other occasions, she had "held a sharp knife and threatened to stab herself," and "took a belt and put it around her neck though she denies that she was trying to choke herself." (R. 206.) The assessment also noted that M.R. had unpredictable behavior and was disruptive. (Id.) M.R. was diagnosed with "depressive disorder nos" and was released from the hospital that same day. (R. 210.)
On July 11, 2007, Rena Goodfriend-Leve, M.D., of Streamwood Behavioral Health System, saw M.R. for the first time and completed an outpatient psychiatric evaluation of her. (R. 347-49.) Dr. Goodfriend-Leve diagnosed M.R. with ADHD, "Combined Type Oppositional Defiant Disorder, "Dysthymic Disorder," and "R/O Mood Disorder, NOS." (R. 348.) Dr. Goodfriend-Leve noted that M.R. "disrupts in the class room" and "doesn't get her work done," and that at home she is "oppositional." (R. 347.) Dr. Goodfriend-Leve also noted what appear to have been two instances in which M.R. reported she wanted to or was going to kill herself:
A few weeks ago she said she wanted to kill herself because she was fat.
She picked up a knife and ran out of the house. She said she did this because she was angry, and she feels that she can't control her anger.
One time when mother was at work and grandmother was alone with her trying to get her ready for school, she ran out of the house and said she was going to run away. The grandmother called the police, and she said she was going to kill herself. SASS was involved. (Id.) Dr. Leve-Goodfriend wrote that "[c]urrently, there is no suicidal or homicidal ideation." (Id.) She directed M.R. to begin a trial of Trileptal and to "continue her ongoing therapy with Jeanette."*fn2 (R. 348-49.) Dr. Goodfriend-Leve continued to meet with M.R. roughly every one to three months between July 2007 and April 20, 2009, monitoring M.R.'s medication and overall progress. (E.g., R. 421-23, 431-39.)
Throughout the relevant time period, Ms. Robinson and M.R.'s grandmother completed various reports for submission to the Social Security Administration's Bureau of Disability Determination Services ("DDS"). In a report dated November 16, 2007, Ms. Robinson noted, among other things, that M.R. had a "real bad problem" with concentrating, "can't sit still longer than 5 minutes," and "when she gets angry she smacks, bite, scream at herself [sic]." (R. 120, 122.) In response to the question "Control his/her own behavior and avoid unsafe behaviors?," Ms. Robinson answered "no." (R. 122.)
On November 25, 2007, M.R.'s Principal, Cheryl DeRoo, completed a report to DDS in which she wrote, among other things, that "M.R.'s inability to stay focused and on task has caused her to fall behind her peers in both academic and social skills." (R. 125.) Ms. DeRoo also indicated that M.R. was receiving regular education with no special instruction, that she was reading at a kindergarten level, and that her math and written language levels were "early 1st grade." (R. 124.)
On November 26, 2007, Janet Heim, M.R.'s first grade teacher, completed a Teacher Questionnaire for DDS. (R. 360-67.) At the time she completed it, Ms. Heim had known M.R. for 62 school days and spent six hours a day with her. (R. 360.) Ms. Heim rated M.R.'s performance in the six domains of functioning relevant to childhood disability determinations, on a scale of one to five, one being "no problem," two being "a slight problem," three being "an obvious problem," four "a serious problem," and five "a very serious problem." (R. 361-66.) In the domain of Acquiring and Using Information, which consisted of ten performance categories, Ms. Heim found that M.R. had a "serious problem" in three categories; an "obvious problem" in five categories; and a "slight problem" in two categories. (R. 361.) In the domain of Attending and Completing Tasks, consisting of thirteen performance categories, Ms. Heim found that M.R. had a "serious problem," on an hourly or daily basis, in four categories; an "obvious problem," on an hourly or daily basis, in five categories; and a "slight problem," on a daily or weekly basis, in four categories. (R. 362.) In the Interacting and Relating with Others domain, consisting of thirteen categories, Ms. Heim found that M.R. had "an obvious problem," on a weekly basis, in the category of "making and keeping friends"; a "slight problem," on a daily or weekly basis, in seven categories; and "no problem," on a daily or weekly basis, in four categories.*fn3 (R. 363.)
Ms. Heim reported that she did not observe any problems with M.R.'s functioning in the Moving and Manipulating Objects domain. (R. 364.) In the domain of Caring for Himself or Herself, consisting of ten categories, Ms. Heim found that M.R. had a "slight problem," occurring on a weekly basis, in four categories," and no problem" in six categories. (R. 365.) In the Health and Physical Well-Being domain, Ms. Heim wrote that M.R. had a "significant problem with inattention especially when not on [her ADHD] medication," and that "her ability to focus and attend does improve with medication [sic]." (R. 366.) According to Ms. Heim, when M.R. was without her ADHD medication at one point in the school year for eleven school days, this had "a significant impact on her day and ability to learn." (Id.)
On January 28, 2008, William N. Hilger, Ph.D., conducted a psychological examination of M.R. at the request of DDS. (R. 368-71.) Dr. Hilger noted that M.R. applied for "Social Security disability benefits due allegedly to a history of asthma, ADHD, anger problems and attempted suicide." (R. 368.) Dr. Hilger apparently reviewed M.R.'s May 2007 hospital records, along with Ms. Heim's November 2007 report. (Id.) Dr. Hilger observed that M.R. appeared "mildly restless," but "was adequately attentive and cooperative in the evaluation" and spoke in a "fluent articulate manner." (Id.) He also noted that Ms. Robinson had not given M.R. her "anti-hyperactive" medication that morning, so he had her give M.R. the medication in his presence. (Id.) Under "Psychiatric Treatment," Dr. Hilger noted that M.R. had been seeing Dr. Goodfriend-Leve "since August 21, 2007 and is taking medications," and is seeing a therapist once a week at Streamwood Behavioral Health Center. (R. 369.) He wrote that M.R. has never had a psychiatric hospitalization, "except she was taken to the emergency room in September 2007 when she did not want to go to school or get dressed and was threatening to runaway and put a knife to her neck and threatened to kill herself [sic]."*fn4 (Id.)
In the "Mental Status" section of his report, Dr. Hilger characterized M.R. as "generally a happy girl," and wrote that "[s]he has not made any definite suicide attempts." (R. 369.) In the "Conclusion" section, Dr. Hilger noted again that M.R. "had an episode in September 2007 when being cared for by her grandmother when she did not want to go to school" and "threatened suicide at the time, but did not actually carry it out." (R. 370.) He again referenced her treatment with Dr. Goodfriend-Leve, as well as the teacher reports indicating the prescribed Adderall "does seem to be helping her," but also that "her performance in school was much worse" when she did not take that medication for eleven days. (R. 370-71.) Dr. Hilger diagnosed M.R. with "ADHD inattentive type, fairly controlled with medication; adjustment reaction of childhood with depression, fairly controlled with medication and counseling [sic]." (R. 371.) In his final remarks, he wrote M.R. "shows average mental potential, if she continues taking her medication and counseling, to perform age appropriate activities," and that "she also need appropriate discipline, structure, encouragement and setting of limits [sic]." (Id.)
In February 2008, Julio Pardo, M.D., and John Tomassetti, Ph.D., reviewed some of M.R.'s medical and other records at the request of DDS, and completed a Childhood Disability Evaluation Form of M.R.'s level of functioning in the six applicable domains. (R. 374-79.) They noted "impairments" of "asthma, ADHD, anger problems and attempted suicide." (R. 374.) Those doctors found that M.R. had a marked limitation in the domain of Health and Physical Well-Being; less than marked limitations in the domains of Acquiring and Using Information, Attending and Completing Tasks, Interacting and Relating With Others, and Caring for Yourself; and no limitation in the domain of Moving About and Manipulating Objects. (R. 376-77.)
In their comments on M.R.'s marked limitation in the Health and Physical Well-Being domain, Drs. Pardo and Tomassetti noted Dr. Hilger's diagnosis of ADHD inattentive type "fairly controlled with medications," that a teacher's questionnaire indicates M.R. "has significant difficulty with inattention especially when not on medication but that her ability to focus does improve with medication," and that Ms. Robinson indicates M.R. attends counseling once a week for ADHD and anger problems. (Id.) In their comments on M.R.'s less than marked limitation in the Caring for Yourself domain, they wrote "Child threatened to kill herself because she was fat, she picked up a knife and ran out of house .. But she is aware of dangers that might present themselves and knows to avoid dangerous situations." (R. 377.) They ultimately concluded that M.R.'s impairments did not functionally equal a Listing and thus she "must be considered not disabled." (R. 379.)
On March 27, 2008, Dr. Goodfriend-Leve wrote that M.R. is "doing better" and is "concentrating better" since her Adderall dosage was modified. (R. 434.)
In a May 26, 2008 Childhood Function Report completed by Ms. Robinson, she reported that M.R. "bites and hits herself. She has a horrible time paying attention .. She gets angry and uses socks to choke herself or any other object. She threatens to run away. When I correct her she tries to hit me during the time I correct her." (R. 143.)
On June 11, 2008, Dr. Goodfriend-Leve reported M.R. "has many mood swings, but mother says they seem to be getting better and are more controlled [sic]." (R. 433.)
In an undated report completed by M.R.'s grandmother, she wrote that on June 16, 2008, M.R. "try to kill herself and tie a sock around her neck [sic]." (R. 130.)
In July 2008, Cosme Cagas, M.D., and Kirk Boyenga, Ph.D., reviewed some of M.R.'s medical and other records at DDS' request, and completed another Childhood Disability Evaluation of M.R.'s level of functioning in the six pertinent domains. (R. 405-10.) Like Drs. Pardo and Tomassetti, they also found M.R. had no limitation in the 8 Moving About and Manipulating Objects domain, and less than marked limitations in the Acquiring and Using Information, Attending and Completing Tasks, and Interacting and Relating With Others domains. (R. 407-08.) However, in the Caring for Yourself domain, Drs. Cagas and Boyenga found M.R. had a marked limitation (in contrast, Drs. Pardo and Tomassetti had found a less than marked limitation there), and in the Health and Physical Well-Being domain, Drs. Cagas and Boyenga found M.R. had a less than marked limitation (Drs. Pardo and Tomassetti had found a marked limitation). (R. 408.)
In their comments on the Caring for Yourself domain, Drs. Cagas and Boyenga wrote "Threatened to kill self because of being fat, picked a knife and ran out of house. Again attempted to kill herseld thes secomd time by tying a sock around her neck (info from mother in Disab Rep-Appeals). Needs reminders to clean self on a regular basis [sic]." (R. 408.) They concluded M.R.'s "impairment or combination of impairments is severe, but does not meet, medically equal, or functionally equal the Listings." (R. 405.)
On September 8, 2008, October 15, 2008, and October 22, 2008, Ms. Robinson called the local police station for assistance, based on M.R. being "out of control" and refusing to cooperate. (R. 416-20.) As reported to the responding officers, M.R.'s behaviors included "throwing items in her room," refusing to get out of a car, and refusing to go to school. (Id.)
On October 20, 2008, Dr. Goodfriend-Leve noted that the prior Saturday night, Ms. Robinson called the police because M.R. refused to take her Trileptal, locked herself in a room, and was throwing things. (R. 431.) The doctor also noted that M.R. was not currently in therapy and it would "be of benefit for her to return to therapy with Gina to talk about her feelings about her mother and sister being pregnant." (Id.)
On November 16, 2008, M.R. apparently kicked and hit her mother and sister.
(R. 424.) In response, Ms. Robinson took M.R. to a Streamwood Behavioral Health Systems facility, where Kelly Besler, M.S., met with M.R. (R. 424-30.) In her "Integrated Assessment" report, Ms. Besler noted that M.R. reported "she put a knife to her neck, tried to cut herself and kill self [sic]." (R. 427.) Ms. Besler described M.R. as "depressed," and they both signed a "safety contract" wherein M.R. promised "I will not hurt myself or anyone else." (R. 429, 430.)
At their April 20, 2009 meeting, Dr. Goodfriend-Leve prescribed Zoloft because M.R. was "more depressed," "less motivated," and "seemed downtrodden." (R. 422.) The doctor modified M.R.'s medication and also noted that she is to "restart individual therapy with Jeanette." (Id.)
On May 28, 2009, Charlotte Janura, M.R.'s second grade teacher, wrote a letter regarding M.R.'s functioning. (R. 174.) She stated that although M.R. is currently taking medication for ADHD, anger management, and depression, "[h]er inability to stay focused and on task has caused her to be behind academically and socially in the classroom and with her peers." (Id.) Ms. Janura wrote that M.R. was functioning on a first grade level (a grade level behind the rest of the class), and that she would be attending summer school. (Id.) She indicated that the school's social worker had been meeting with M.R. and "focusing on peer/social relationships," and that M.R. was seeing the school psychologist "in a small group focusing on academic interventions." (Id.) Finally, Ms. Janura noted that, "[c]learly, even with all the extra help, [M.R.] is a child that is working below grade level due to issues that are impacting her learning." (Id.)
In another undated report to DDS, Ms. Robinson wrote that on September 1, 2009, there had been a change in M.R.'s condition, specifically: "Trying to run away. Doesn't want to go to school. Oputting belts around her neck mostly inflicting pain on herself [sic]." (R. 148.) Ms. Robinson also wrote M.R. "gets frustrated then begans to self inflict herself, she tries to runaway, wrap belts around her neck and states she will kill herself [sic]." (R. 152.)
B. M.R.'s Hearing Testimony
At the June 3, 2009 hearing before the ALJ, M.R. testified that she did not like school and did not do well there. (R. 32, 34.) She appeared to be twitching and moving around during her testimony, and stated that while that was normal for her, it affected her schoolwork. (R. 33-34.) She admitted doing mean things to her mother and grandmother, such as biting them. (R. 35-36.) She stated it was easy for her to talk to Ms. Jeanette, and that she liked Dr. Goodfriend-Leve. (R. 36.) When the ALJ asked, "Now that you're taking all these pills, are you feeling better than you felt before?," M.R. responded "Not really," but elaborated that "just one of the pills," "for stress," makes her feel better, and she does not notice a difference with the others. (R. 36-37.)
C. Ms. Robinson's Hearing Testimony
Ms. Robinson also testified before the ALJ. (R. 10-37.) Ms. Robinson stated that M.R. took medication for ADHD, depression, as well as sleep and anger control issues.
(R. 13-15, 23.) She noted M.R.'s teachers had expressed concern because M.R. was "zoning off" or acting out while in school. (R. 17.) Ms. Robinson stated M.R. had been seeing a therapist for nearly two years, with a break when M.R. visited her father in Kentucky for the summer. (R. 17-18.) She testified that M.R. had "episodes" of trying to harm herself, including "an incident where she has put like, got a sharp piece of mulch and put it to her neck, saying she wanted to kill herself," and other incidents involving tying socks. (R. 23.) She also discussed a separate incident when M.R. had acted out by kicking her mother while pregnant and throwing a Gatorade bottle at her sister. (R. 23-24.) Ms. Robinson testified that M.R. was a year behind in school and as a result was currently enrolled in summer school. (R. 21.)
A. Standard of Review
As with an ALJ's decision concerning an adult, judicial review of a decision denying SSI benefits to a child claimant is limited to determining whether the ALJ applied the correct legal standards in reaching his or her decision, and whether there is substantial evidence to support the relevant findings. Schoenfeld v. Apfel, 237 F.3d 788, 792 (7th Cir. 2001). Thus, the court must affirm the ALJ's decision if it is supported by substantial evidence and free from legal error. 42 U.S.C. § 405(g); Steele v. Barnhart, 290 F.3d 936, 940 (7th Cir. 2002). Substantial evidence is "more than a mere scintilla of proof." Kepple v. Massanari, 268 F.3d 513, 516 (7th Cir. 2001). It means "evidence a reasonable person would accept as adequate to support the decision." Murphy v. Astrue, 496 F.3d 630, 633 (7th Cir. 2007). In determining whether there is substantial evidence, the Court reviews the entire record. Kepple, 268 F.3d at 516. However, our review is deferential. Skinner v. Astrue, 478 F.3d 836, 841 (7th Cir. 2007). We will not "reweigh evidence, resolve conflicts, decide questions of credibility, or substitute our own judgment for that of the Commissioner." Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir. 2003) (citation omitted).
Nonetheless, if, after a "critical review of the evidence," the ALJ's decision "lacks evidentiary support or an adequate discussion of the issues," this Court will not affirm it. Lopez, 336 F.3d at 539 (citations omitted). While the ALJ need not discuss every piece of evidence in the record, he "must build an accurate and logical bridge from the evidence to her conclusion." Dixon v. Massanari, 270 F.3d 1171, 1176 (7th Cir. 2001). Further, the ALJ "may not select and discuss only that evidence that favors his ultimate conclusion," Diaz v. Chater, 55 F.3d 300, 308 (7th Cir. 1995), but "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). Ultimately, the ALJ must "sufficiently articulate his assessment of the evidence to assure us that the ALJ considered the important evidence ... [and to enable] us to trace the path of [his] reasoning." Carlson v. Shalala, 999 F.2d 180, 181 (7th Cir. 1993) (citation omitted).
B. Disability Determination
M.R. is not eligible for SSI benefits unless she is disabled under the Social Security Act. A child is disabled if she has a "medically determinable physical or mental impairment, which results in marked and severe functional limitations, and ... 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)(C)(i). Whether a child meets this definition is determined via a three-step inquiry. 20 C.F.R. § 416.924(a); Murphy, 496 F.3d at 633. First, if the child is engaged in substantial gainful activity, her claim will be denied. Id. Second, if she does not have a medically severe impairment or combination of impairments, her claim will be denied. Id. Third, the child's claim will be denied unless her impairment meets, or is medically or functionally equivalent to, one of the listings of impairments in 20 C.F.R. Pt. 404, Subpt. P, App. 1 (the "Listings"). Id; 20 C.F.R. § 416.902.
To determine whether an impairment is the functional equivalent of a Listing, an ALJ must analyze its severity in six age-appropriate domains: (1) Acquiring and Using Information; (2) Attending and Completing Tasks; (3) Interacting and Relating with Others; (4) Moving About and Manipulating Objects; (5) Caring for Oneself; and (6) Health and Physical Well-Being. 20 C.F.R. § 416.926a(b)(1). Functional equivalence exists, and a child qualifies for benefits, if the ALJ finds a "marked" difficulty in two domains of functioning, or an "extreme" limitation in one. 20 C.F.R. § 416.926a(d).*fn5
The evidence relevant to whether a child's limitations are marked or extreme involves both medical and non-medical sources. 20 C.F.R. § 416.924a(b)(3). The latter may include information from parents, teachers, and other people who know the child, and their descriptions of relevant activities in school, at home, or in the community. 20 C.F.R. §§ 416.924a(b)(3), (e).
After noting that M.R. was a "school-aged child for purposes of disability evaluation" (R. 52), ALJ Templin followed the required three-step analysis. He concluded M.R. satisfied the requirements at step one because she had not engaged in substantial gainful activity "at any time material to this decision." (Id.) At step two, the ALJ found, relying on the conclusions of the DDS medical consultants' reports, that M.R. had "established the threshold requirement of a 'severe' impairment," specifically: "[ADHD], an affective disorder, and fits of temper; the latter of which may well be associated with [M.R.'s] depression." (R. 53.) At step three, the ALJ found that M.R.'s impairments did not meet, or medically or functionally equal, a Listing. (R. 53-57.)
Plaintiff asks this Court to find that the ALJ erred in his analysis. First, Ms. Robinson argues that the ALJ committed reversible error by failing to make any credibility assessment of her testimony. Second, Ms. Robinson asserts that the ALJ failed to properly consider the report from M.R.'s first grade teacher, Ms. Heim. Third, Ms. Robinson contends that the ALJ erred by cursorily dismissing the opinions of the state agency physicians. Finally, Ms. Robinson argues generally that the ALJ's determination of M.R.'s functional limitations in the six domains lacks record support. We address those issues, albeit in a different order, below.
A. The ALJ Failed to Properly Consider the Reviewing Medical Consultants' Opinions.
As noted above, four DDS medical consultants, Drs. Pardo and Tomassetti, and Drs. Cagas and Boyenga, completed two assessments of M.R.'s functioning levels in the six domains relevant to an impairment's functional equivalence to a Listing. (R. 374-79, 405-10.) In so doing, both sets of doctors concluded that M.R. had a severe impairment or combination of impairments. However, Drs. Pardo and Tomassetti concluded in February 2008 that M.R. had a marked limitation in the Health and Physical Well-Being domain (and less than marked or no limitations in the other domains), while Drs. Cagas and Boyenga concluded in July 2008 that M.R. had a marked limitation in the Caring for Yourself domain (and less than marked or no limitations in the other domains). Ultimately, both sets of doctors concluded M.R.'s impairment was not functionally equivalent to a Listing.
The ALJ cited those reports alone as support for his conclusion that M.R. had a severe impairment or its equivalent. (R. 53.) He also stated that those reports "implicitly" reflect that M.R.'s disorders do not meet a Listing and that M.R. "has not experienced the [requisite] degree of dysfunction" in four of the pertinent domains. (Id.) However, the ALJ went on to state:
Based upon this record in its entirety, I am not convinced by the opinions of the reviewing medical consultants to the DDS concerning the claimant's degree of dysfunction in the 6 domains pertinent to a child in the claimant's age group. I find the opinions inconsistent, and having the effect of double-weighting the impact of the claimant's ADHD.
(R. 53-54, citations omitted.) The ALJ said nothing more regarding his assessment of those reports, including his decision to reject the aspect of the January 2008 report finding M.R. had a marked limitation in the Health and Physical Well-Being domain, and the aspect of the July 2008 report finding that M.R. had a marked limitation in the Caring for Yourself domain.
In accepting some portions of the DDS medical consultants' reports, and summarily rejecting others as "inconsistent," the ALJ failed to appropriately explain the weight he gave to those reports. See 20 C.F.R. § 416.927(e)(2)(ii) ("Unless a treating source's opinion is given controlling weight, the [ALJ] must explain in the decision the weight given to the opinions of a State agency medical or psychological consultant ., as the [ALJ] must do for any opinions from treating sources, nontreating sources, and other nonexamining sources who do not work for us."); Social Security Ruling ("SSR") 96-6p, 1996 WL 374180, at *1 ("Findings of fact made by State agency medical and psychological consultants ... regarding the nature and severity of an individual's impairment(s) must be treated as expert opinion evidence of nonexamining sources ..
[ALJs] . may not ignore these opinions and must explain the weight given to these opinions in their decisions.").
By "inconsistent," we assume the ALJ was referring to the fact that Drs. Cagas and Boyenga concluded M.R. had a marked limitation in the Caring for Yourself domain and a less than marked limitation in the Health and Physical Well-Being domain, while Drs. Pardo and Tomasetti reached opposite conclusions. However, that inconsistency is not self-evidently damning, as the ALJ assumes it is, as Drs. Cagas and Boyenga completed their report five months after Drs. Pardo and Tomasetti, and M.R. had another episode related to suicide during that intervening period. As discussed in further detail below, the ALJ made no mention of that important evidence in discussing those doctors' reports, notwithstanding the fact that such evidence might explain at least one aspect of their alleged inconsistency. Further, the ALJ provided no explanation as to how he might accept the portions of those reports supporting one of his conclusions (that M.R. did not have a marked limitation in four domains), while at the same time rejecting each report's conclusion that M.R. had a marked limitation in another domain. That form of cherry-picking runs afoul of, among other things, the ALJ's obligation to "confront the evidence that does not support his conclusion and explain why it was rejected." Indoranto, 374 F.3d at 474.
Additionally, the ALJ's reference to the reports' alleged "double-weighting" of M.R.'s ADHD further warrants remand. SSR 09-3p, issued four months before the ALJ's opinion here, explicitly states:
Rating the limitations caused by a child's impairment(s) in each and every domain that is affected is not "double-weighting" of either the impairment(s) or its effects. Rather, it recognizes the particular effects of the child's impairment(s) in all domains involved in the child's limited activities.
SSR 09-3p, 2009 WL 396025, at *4; accord 20 C.F.R. § 416.926a(c) ("[A]ny given impairment may have effects in more than one domain; therefore, we will evaluate the limitations from your impairment(s) in any affected domain(s)."); 20 C.F.R. § 416.926a(e)(2)(i) ("Your day-to-day functioning may be seriously limited when your impairment(s) limits only one activity or when the interactive and cumulative effects of your impairment(s) limit several activities."). As a result, the fact that the DDS medical consultants may have considered M.R.'s ADHD-related impairment as relevant to more than one domain does not support the ALJ's rejection of some of their opinions. See Carradine v. Barnhart, 360 F.3d 751, 756 (7th Cir. 2004) (noting that "an administrative agency's decision cannot be upheld when the reasoning process employed by the decision maker exhibits deep logical flaws, even if those flaws might be dissipated by a fuller and more exact engagement with the facts.") (citations omitted).
Finally, in reaching his conclusions that M.R. had a less than marked limitation in the Caring for Yourself domain, the ALJ cited no medical evidence, but relied only upon Ms. Robinson's statements in Function Reports and Ms. Heim's school report. (R. 56.) In so doing, it appears the ALJ may have independently evaluated the evidence and improperly substituted his judgment for that of a physician's. See, e.g., Clifford v. Apfel, 227 F.3d 863, 870 (7th Cir. 2000) (reversing where ALJ rejected treating physician's opinion as "inconsistent" with claimant's activities of daily living without any explanation for that conclusion, and noting that by doing so, the ALJ failed to minimally articulate his reasons for crediting or rejecting evidence of disability, and improperly substituted his own judgment for a physician's opinion without relying on other medical evidence or authority in the record); Rohan v. Chater, 98 F.3d 966, 971 (7th Cir. 1996) ("Being unable to discern how -- apart from substituting his own judgment for that of the medical witnesses -- the ALJ reached his determination regarding the degree of Rohan's impairments, we must reverse and remand for further proceedings."). As a result, remand is warranted.
B. The ALJ Failed to Properly Analyze Ms. Robinson's Credibility.
Because the ALJ is in a superior position to judge credibility, the ALJ's credibility determination is entitled to "special deference." Scheck v. Barnhart, 357 F.3d 697, 703 (7th Cir. 2004) (citation omitted). However, the ALJ is still required to articulate his reasoning and discuss or distinguish relevant contrary evidence. Clifford, 227 F.3d at 870. Additionally, the ALJ must follow the requirements of SSR 96-7p. Among other things, SSR 96-7p provides that an ALJ's "determination or decision must contain specific reasons for the finding on credibility, supported by the evidence in the case record, and must be sufficiently specific to make clear to the individual and to any subsequent reviewers the weight the adjudicator gave to the individual's statements and the reasons for that weight." 1996 WL 374186, at *2.
Here, the ALJ's opinion references various forms of evidence supplied by Ms. Robinson, including hearing testimony. In many instances, the ALJ appears to have relied upon such evidence as support for his conclusions. (See R. 54 - discussing Ms. Robinson's testimony and reports as related to the Attending and Completing Tasks domain; R. 56 - same as related to the Moving About and Manipulating Objects domain; R. 57 - same as related to the Health and Physical Well-Being domain.) However, when discussing evidence from Ms. Robinson in the context of the Interacting and Relating with Others domain, the ALJ seemed to question its persuasiveness, as he wrote: "I credit the mother's sincerity, and recognize that, as a single parent, she has had significant difficulty in serving as a full-time caregiver, without respite. This, I am convinced, colors her perception that the claimant's disorders have been so persistent and severe as to lead her to conclude that the claimant is disabled." (R. 55.) He also appears to have downplayed such evidence in his evaluation of the Moving About and Manipulating Objects and Caring for Yourself domains. (R. 54, 56.)
Unfortunately, at no point in his decision did the ALJ expressly address whether or not he found Ms. Robinson to be credible, nor did he ever explain why he apparently credited the portions of her testimony and administrative reports that supported his conclusions, and discredited those that contradicted his conclusions. Similarly, the ALJ never addressed what weight he gave the evidence supplied by Ms. Robinson. The ALJ's failures in these respects violate the applicable regulation and Seventh Circuit precedent. SSR 96-7p, 1996 WL 374186, at *4 ("The reasons for the credibility finding must be grounded in the evidence and articulated in the determination or decision. It is not sufficient to make a conclusory statement that 'the individual's allegations have been considered' or that 'the allegations are (or are not) credible.'"); Hopgood v. Astrue, 578 F.3d 696, 700 (7th Cir. 2009) (remanding where the ALJ wrote claimant's mother was "generally credible," but failed to explain why he did not find some of her testimony to be persuasive or to explain the reasons for his credibility finding for the benefit of subsequent reviewers); Giles v. Astrue, 483 F.3d 483, 488-89 (7th Cir. 2007) ("Here, the ALJ did not make a credibility assessment as to [claimant's mother's] testimony, though the ALJ did recite some parts of the testimony. If [her] testimony was not credible, the ALJ was obligated to explain the basis of that assessment. If, on the other hand, [her] testimony was credible, the ALJ was required to explain why the testimony did not support a finding that Damien was markedly limited in attending and completing tasks.").
The Commissioner asks that we infer a credibility finding from the ALJ's statement that he credited Ms. Robinson's sincerity but found her perception colored by her status as a full-time caregiver. We decline to do so. Among other things, the ALJ provides inadequate record support for his "conclusion," and his inconsistent treatment of Ms. Robinson's testimony impairs any meaningful inference of a credibility finding. SSR 96-7p, 1996 WL 374186, at *4; Brindisi v. Barnhart, 315 F.3d 783, 788 (7th Cir. 2003) (an ALJ cannot accept or reject particular statements to support his conclusion, but must evaluate "credibility as an initial matter in order to come to a decision on the merits."). Further, it is improper for the Commissioner to provide a post-hoc explanation for any purported credibility determination that was not included in the ALJ's decision itself. Golembiewski v. Barnhart, 322 F.3d 912, 916 (7th Cir. 2003) ("regardless of the requirements of [SSR] 96-7p, general principles of administrative law preclude the Commissioner's lawyers from advancing grounds in support of the agency's decision that were not given by the ALJ."). For those reasons, the ALJ's failure to properly analyze Ms. Robinson's credibility warrants remand.
C. The ALJ Failed to Properly Analyze Ms. Heim's Report.
An ALJ must "consider all relevant evidence in the case record," and this includes opinion evidence from "other sources." SSR 06-03p, 71 Fed. Reg. 45593-03, at *45596. "Other sources" include "[e]ducational personnel, such as school teachers, counselors, early intervention team members, developmental center workers, and daycare center workers." Id. at *45594. SSR 06-03p notes "[o]ften, these sources have close contact with the individuals and have personal knowledge and expertise to make judgments about their impairment(s), activities, and level of functioning over a period of time." Id. at *45595. Additionally, SSR 06-03p provides that the ALJ "generally should explain the weight given to opinions from these 'other sources.'" Id. at *45596. The weighing factors set forth in 20 C.F.R. § 416.927 apply to such "other sources," and include the nature and extent of the relationship between the source and the individual, the source's qualifications and area of specialty or expertise, the degree to which the source presents relevant evidence to support his or her opinion, and whether that opinion is consistent with other evidence. Id. at **45595, 45596.
Here, M.R.'s first grade teacher Ms. Heim completed a lengthy report detailing her assessment of M.R.'s limitations in various domains. (R. 360-67.) In his opinion, the ALJ noted -- and appears to have relied upon -- Ms. Heim's conclusions that M.R. had academic deficits, that her focus improved with medication, that she had "slight" problems in interacting with and relating to others, and no issues regarding caring for herself. (R. 54, 56-57.) However, while the ALJ referenced those aspects of Ms. Heim's report in his opinion, at no point did he articulate what weight he afforded her report. Additionally, the ALJ failed to explain why he evidently rejected aspects of Ms. Heim's report supporting M.R.'s claim. Among other things, Ms. Heim wrote that M.R. had five "obvious problems" and three "serious problems" in Acquiring and Using Information, including serious problems with reading and comprehending written material, comprehending and doing math problems, and applying problem solving skills in class discussions. (R. 361.) She also found that M.R. had five "obvious problems" and four "serious problems" in Attending and Completing Tasks, including serious problems on an hourly basis working at a regular pace and refocusing to a task, and serious problems on a daily basis with carrying out multiple step instructions, paying attention when spoken to directly, and working without being distracting. (R. 362.) She further concluded that M.R. had an "obvious problem" in Interacting and Relating With Others, specifically, making and keeping friends. (R. 363.) But the ALJ failed altogether to discuss this evidence suggesting disability.
The ALJ's failings with respect to Ms. Heim's report require remand. In Hopgood, a case involving a child with ADHD,the Seventh Circuit concluded the ALJ's analysis was deficient because, among other things, he failed to explain why he did not credit teachers' reports finding that the child had serious or obvious problems in the domain of Acquiring and Using Information. 578 F.3d at 700; accord Murphy, 496 F.3d at 634-35 (reversing ALJ's decision where he "did not explain why he gave no weight to the portions of the school documents which support a finding that Nathan is disabled" and "did little to counter this evidence"); Giles 483 F .3d at 487-88 (reversing ALJ's decision where he noted, among other things, that the child's teachers reported numerous attention problems but did not explain why such evidence was insufficient to find a marked limitation in Attending and Completing tasks and noting "[w]e require an explanation of why strong evidence favorable to the plaintiff is overcome by the evidence on which an ALJ relies."). The ALJ's failure to properly analyze Ms. Heim's report is particularly egregious given the extensive amount of time -- 372 hours -- that Ms. Heim spent with M.R. before submitting her report. SSR 06-03p, 71 Fed. Reg. at *45596 (ALJs "generally should explain the weight given to opinions from these 'other sources.'"); 20 C.F.R. § 416.927(c)(2)(i) (listing length and frequency of interaction as factor to be used in evaluating weight of opinion evidence). As a result, this error also warrants remand.
D. The ALJ Failed to Adequately Evaluate or Articulate his Assessment of Other Important Evidence.
In denying benefits, the ALJ must "sufficiently articulate his assessment . to assure us that [he] considered the important evidence." Carlson, 999 F.2d at 181. "Thus, although the ALJ need not discuss every piece of evidence in the record, [he] may not ignore an entire line of evidence that is contrary to the ruling. Otherwise it is impossible for a reviewing court to tell whether the ALJ's decision rests upon substantial evidence." Golembiewski,322 F.3d at 917 (citations omitted). Further, "[w]e require an explanation of why strong evidence favorable to the plaintiff is overcome by the evidence on which an ALJ relies." Giles, 483 F.3d at 488. Here, we find that the ALJ erred by failing to adequately address the following.
First, and as noted above, the ALJ's opinion appears to contain no discussion of evidence related to suicide. It is perplexing that the ALJ did not explicitly address the incidents wherein M.R. expressly threatened and/or attempted suicide, given that the record contains repeated references to them. (E.g., R. 206, 368, 374, 408.) Indeed, nearly every medical source commented on at least one such incident, and Drs. Cagas and Boyenga relied upon two of them to conclude M.R. had a marked limitation in the Caring for Yourself domain. (R. 408.) While the Commissioner relies on Dr. Hilger's report when arguing before this Court that M.R. "had not made any definite suicide attempts," the ALJ did not discuss that aspect of Dr. Hilger's report. Cf. Parker v. Astrue, 597 F.3d 920, 922 (7th Cir. 2010) (noting defense inappropriately relied on medical evidence that the ALJ did not cite in his decision). Moreover, the pertinent regulation does not make any such distinction regarding the relative import of suicide threats versus suicide attempts. See 20 C.F.R. § 416.926a(k)(3)(iv) ("Examples of limited functioning in caring for yourself" include "self-injurious behavior (e.g., suicidal thoughts or actions, self-inflicted injury, or refusal to take your medication), or ... ignor[ing] safety rules.") (emphasis added).*fn6 Because an ALJ cannot ignore an entire line of evidence when determining a claimant's level of functioning, remand is warranted for proper consideration of M.R.'s suicidal incidents. E.g., Golembiewski,322 F.3d at 917 (ALJ improperly ignored evidence of claimant's bowel and bladder incontinence, despite the incontinence's allegedly infrequent occurrence).
Second, the ALJ failed to cite pertinent record support for his conclusion that any limitation in the Caring for Yourself domain "is associated with treatment compliance [sic]." (R. 56.) While Ms. Heim and Dr. Hilger both noted that M.R. was at times non-compliant with her medication, the ALJ did not reference that evidence in his analysis of this domain.*fn7 He also failed to reconcile his conclusion with evidence to the contrary, including M.R.'s testimony -- which the ALJ explicitly noted was credible -- that her medications have not been fully effective in controlling her anger or fidgeting. (R. 54.) Indeed, his conclusion that treatment (non)compliance was responsible for any limitation in the Caring for Yourself domain seems to be at odds with his observation in the Attending and Completing Tasks domain that "even with compliance, full control over her inattention and inappropriate behavior has not been achieved." (R. 54.) Yet his decision articulates no grounds on which we might reconcile those statements.*fn8
Relatedly, the ALJ cited no support for his conclusion that M.R.'s actions (or lack thereof) in caring for herself as reported by Ms. Robinson "reflect the disobedience of claimant, not her inability to perform these tasks." (R. 56.) That failure may indicate the ALJ inappropriately supplanted his opinion for that of a physician's, and/or misunderstood the nature of the mental illness at issue in this case. Hopgood, 578 F.3d at 702 (noting, in evaluating minor's disability claim based on ADHD, that "we are troubled by the ALJ's conclusion that LG's problems were a result of volitional choices.
The ALJ did not point to any medical evidence supporting his finding that LG's difficulties were of his own doing, which flies in the face of our instruction that determinations must be based on testimony and medical evidence in the record.").
Finally, in the Acquiring and Using Information domain, the ALJ stated that despite her ADHD, M.R. "has never been referred for an assessment team evaluation, special class placement, or special services." (R. 54.) However, the ALJ failed to address contrary evidence from M.R.'s second grade teacher that M.R. was receiving extra help from the school social worker and the school psychologist, yet still remained a grade behind. (R. 174.) And as discussed above, while the ALJ discussed some evidence from Ms. Heim's report reflecting M.R.'s limitations in this domain, he failed to discuss all the contrary evidence in her report or the weight he afforded it. On remand, we respectfully direct the ALJ to appropriately address that evidence.
For the reasons set forth above, plaintiff's motion for summary judgment [26] is granted in part and denied in part. This case is remanded to the Social Security Administration for proceedings consistent with this opinion. It is so ordered.
MICHAEL T. MASON United States Magistrate Judge
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Hyundai tiburon 2007 price for sale on US's largest classifieds sites (56 results)
EZ FINANCING! DRIVE TODAY! 2006 HYUNDAI TIBURON -3 YEAR Warranty Inc
Tired of buying cars that are constantly breaking down and not what you wanted in the first place?Not all car dealerships are created equal - I promise you this. Come see how we are changing the business for the better.Come see the difference in our dealership, our people and our cars.
2003 Hyundai Tiburon GT - First Marshall Auto Auction
2007 HYUNDAI AZERA SE **You Are Approved!**
2006 HYUNDAI SONATA GLS **You Are Approved!**
2005 HYUNDAI XG 350 **You Are Approved!**
motorfair.v12soft.com2005 HYUNDAI XG 350 Sedan Make : HYUNDAI Model : XG Series : 350 Sedan Model Year : 2005 Mileage : 124079 mi VIN; :
Year: 2005, Make: Hyundai
2004 Hyundai Tiburon GT Coupe - LEATHER, NO ACCIDENT HISTORY!
2004 Hyundai Tiburon GT - First Marshall Auto Auction
2007 Hyundai Tiburon
Front Wheel Drive,Tires - Front Performance,Tires - Rear Performance,Temporary Spare Tire,Aluminum Wheels,Power Steering,ABS,4-Wheel Disc Brakes,Rear Spoiler,Fog Lamps,Heated Mirrors,Power Mirror(s),Intermittent Wipers,Variable Speed Intermittent Wipers,Cloth Seats,Bucket Seats,Pass-Through Rear Seat,...
Hyundai Tiburon 2007 - $13400 (San Antonio)
Selling my Maroon 2007 Hyundai Tiburon. Below are details 2.7L V6 automatic transmission Ice cold AC 6-MP3 changer Infinity aftermarket speaker system Maroon exterior color with no scratch, no dings, not even faded color Red leather sports bucket seats rear spoiler alloy wheels 80% left on tires 10
2007 Hyundai Tiburon GS - One Owner - Warranty&Financing
***GREAT CONDITION*** ***CLEAN CARFAX REPORT***NO ACCIDENT IN PAST*** ***ONE OWNER*** ***NEW VA INSPECTION AND EMISSION*** TRADE INS ARE WELCOME!!! CALL US FOR ANY QUESTION OR TO SCHEDULE A TEST DRIVE (703)595-4433 The Lowest Prices in the region! 3 MONTHS / 3000 MILE POWERTRAIN WA...
Year: 2007, Make: Hyundai, Model: Tiburon gs
2007 Hyundai Tiburon GT Limited - $9700 (Clarksville)
Hello I am selling my 2007 Hyundai Tiburon GT Limited V6 2.7L. It has 72000 miles, it is automatic, all leather interior, six disc cd changer, powered sunroof, factory subwoofer, automatic climate control a/c, and infinity factory sound system. Nothing is wrong with the car I am moving and only takin
2007 Hyundai Tiburon GS 33,000 miles, Way below book Value - $9300 (SE Lincoln)
We have owned this Tiburon since it had 1000 miles on it. It now has 33,000 miles on it. It`s been a perfect car, my daughter has been driving it the entire time. I bought her a different car so it`t time to sell this one. The tires are brand new, they have less then a 100 miles on them. I spent almo
2007 Hyundai Tiburon - $9000 (Ellisville)
Up for sale is my Tiburon. The car is a 2.0 5 speed. There is about 52,000 miles on it. Only selling it so I can get another truck. The car is fast enough and fun to drive. I`ve not had any mechanical problems with it. Only issue is the tire warning light stays on. The car is 100% stock except for th
Listing by Auction123.com copyright Auction123, Inc.Zack Freed - 8131 IH 10 West San Antonio, TX 78230 - 800-896-21092007 Hyundai Tiburon Coupe GT Click here for an XL view of the above Image PrevNext 1 DescriptionBasic InformationVIN Number: KMHHN66F27U247067Stock Number: 270498AModel Year: 2007Make:
2007 HYUNDAI Tiburon 2dr Cpe I4 Manual GS
Exterior color: Black Interior color: Black Transmission: Manual Fule type: Gasoline Sub model: Cpe I4 Drivetrain: FRONT WHEEL DRIVE Vehicle title: Clear Body type: Coupe Warranty: Unspecified DESCRIPTION: Print Listing View our Inventory Ask Seller a Question 2...
**2007 Hyundai Tiburon GT** 51,000 miles - $9800 (Appleton)
Hello, I am selling my 2007 Hyundai Tiburon. Currently it has 51,000 miles on it. The car has only had one other owner, and I purchased it at very low miles. I have put many of the miles on it driving on the highway back and forth to work each day. The car is in very good condition. I have kept it v
*Vehicle Photos* Please visit http://www.mazautousa.com/vehicles/2007-hyundai-tiburon--6 for quality photos. (Please cut & paste the address above in your browsers address bar) *Vehicles Options* Vin: KMHHM66DX7U248744 Make: Hyundai Model: Tiburon Year: 2007 Color
Year: 2007, Make: Hyundai, Model: Tiburon gs
THIS IS A MINT CONDITION 2007 HYUNDAI TIBURON GS NEW BODY STYLE WITH GT SE SPORT APPEARANCE PACKAGE.-á IT HAS A CLEAN CARFAX REPORT WITH NO ACCIDENTS OR DAMAGE OF ANY KIND AND ONLY 2 METICULOUS NON-SMOKING OWNERS.-á THIS TIBURON IS EXTRA CLEAN INSIDE AND OUT WITH A FRESH SET OF TIRES AND PRE
2007 Hyundai Tiburon - $8000 (asheville)
White 2007 Hyundai Tiburon - $8,000 One owner white 2007 Hyundai Tiburon GS 2D coupe with clean vehicle history and no accidents. Only ~87,500 miles gets approximately 30 MPG highway. 4 cylinder automatic with sportronic transmission, AM/FM Single Disc MP3 Player, Automatic Sliding Sunroof, Power Ev
***2007 Hyundai Tiburon GT Limited, Infinity 6 Disc CD, Moon Roof*** - $9950 (Columbia, Sc)
We have a very clean, very nice Hyundai Tiburon GT Limited we are selling below blue book. The mileage on the car is approximately 55,000. We are selling to upgrade to an SUV since a two door coupe isn`t the most practical vehicle for a family. The car has a black interior with black leather and c


text:
Explore essas ideias e muito mais!
Sophrocattleya Batemaniana
Dendrobium lanyaiae by thomas_orchids, via Flickr - An outstanding mini from Thailand and Laos
Cymbidium híbrido
Phalaenopsis Orchid
Miltoniopsis by Rosemarie Crisafi: Commonly known as the Pansy orchid because of its flat face resembling that of a pansy, these lesser known orchids are relatively easy to grow doing well at normal household temperatures. #Flowers #Orchids #Miltoniopsis
White Nun Orchid (Lycaste Skinneri Alba) by VisitGuatemala: Guatemala's national flower, is a rare flower in the Verapaz distict of Guatemala, symbolizing peace, beauty and art. #Flower #Orchid #Guatemala


text:
Apple-IBM partnership bears fruit as companies release first batch of made-for-business apps
Similar Topics
Add New Comment
You need to be a member to leave a comment. Join thousands of tech enthusiasts and participate.
TechSpot Account
Sign up for free, it takes 30 seconds.
Already have an account? Login now.
|You may also...


text:
|Aesop Prize and Aesop Accolades
The Aesop Prize and Aesop Accolades are conferred annually by the Children's Folklore Section of the American Folklore Society upon English language books for children and young adults, both fiction and nonfiction. Nominated books, which must be published in the year of the deadline or the year before, must be received by committee members no later than August 15. The winning books are announced at the annual meeting of the American Folklore Society each October.
A list of past Aesop Award and Accolade recipients is below.
Prize Review Criteria
Please submit a copy of each nominated title to each
committee member. Aesop Prize Committee members for 2016-2017 are:
12/17/2016 » 12/20/2016
The 2016 IASTE Conference: Legitimating Tradition
3/3/2017 » 3/4/2017
19th Annual Conference in Women's History Black Women in White America, Revisited
3/10/2017 » 3/12/2017
Midwestern Consortium of Ancient Religions


text:
Hilarious Photos Of Those Who Went Far With Their Freedom
Hilarious Photos Of People There are a number of unwritten behavioral rules most people usually respect, but on the other hand, there are some people who happily just don't care about them, and feel free to do whatever they please in public. They can look weird in other peoples eyes, but that's not important to them, […]
The Funniest Donald Trump Hillary Clinton Memes
Donald Trump Vs. Hillary Clinton In America, presidential election campaign for 2016 is on. So, we are getting you prepped for it internet style with following funny Donald Trump vs. Hillary Clinton memes.
The 12 Funniest Pictures Ever According To Google
Funniest Pictures According To Google Sure you could challenge Google that these are not the funniest pictures ever, but we do not recommend it. See below some of the funniest pictures ever.
15 Hilarious Photos Of Dogs Standing Awkwardly Funny
Photos Of Dogs Standing Awkwardly Dogs are supposed to walk on their four legs and seeing them standing up for any reason will make you laugh. Here are 15 most hilarious photos you will ever see of dogs standing awkwardly but look totally funny.
Funny Pics Of People Goofing Around Wax Museum
Funny Pics Of Wax Museum Mischief Wax museum can be a lot of fun, especially if you go there with a camera and a good sense of humor! Here are ten funny photos of people goofing around wax museum with their favorite celebrity. Stevie Wonder Nicolas Cage "Jack" from Titanic Superman Franklin D. Roosevelt Leonard Bernstein […]
Top Funny Moments Compilation In Sports History Ever
Funny Moments In Sports It is quite funny because it is true. Here are some seriously funny sports pics that will make you laugh. Scroll down to see these funny moments. Keep visiting us!
Funny Wedding Pictures You Would Not Be Seeing In Album
Funny Wedding Pictures Wedding day is your dream day and you want to remember it for the rest of your life, isn't it? Well, some of these lovely moments are going to be very hard to forget. Scroll down to check sixteen funny wedding pictures we have found for you.


text:
Customize your wallpapers and screensavers with pictures and videos.Free to try
This software is available to download from the publisher site.
Bring realistic coral reef aquarium to your PC screen.Free to try
Enjoy slideshow screensaver for Bee-Movie.Free
Bring life to your desktop with amazing living waterfalls.Free
This software is available to download from the publisher site.
Listen to the rain harmony and make your mind relax.Free
Decorate your desktop with new wallpapers.Free
Animate your desktop with water effects.Free
Access and personalize 3D animated screensavers and wallpapers.Free
Bring back the simple joy of Christmas.Free
Turn any video file stored in your computer into a screensaver.Free


text:
Today we have The Inquirer saying the PlayStation 3 and Cell have critically flawed design and SCEE president and CEO David Reeves saying Sony wants "to try and double digital entertainment in the next five to six years" but whether they "have 40, 50, or 60 percent market share is not that important."
In the past weeks we've seen them struggle to explain the high price of the PlayStation 3, argue that they didn't copy the Wii controller, explain that the features removed from the cheaper PlayStation 3 don't cripple it quite as much as previously thought, and that they don't have plans to ban the sale of used games. (Sorry, I'm not digging up links for all those right now. You can find them.)
Is it any real surprise that SCEA publicity chief Molly Smith resigned last week?
The lesson of the "64-bit because it's two 32-bit processors" lie that plagued the Atari Jaguar is that some lies are so simple and compelling that they're impossible to kill. (Of course, this isn't limited to videogames of course. Most people still think Jack Abramoff gave money to Democrats. He didn't.) When such stories come up, I think it best to apply overwhelming force , through the press, and stamp it out immediately. If you're lucky, you'll kill it. You can't rely on the press to fix it for you on their own.
My fuzzy recollection of the 1999-to-2000 period is that Sony dominated the press, burying the Dreamcast and hobbling the Xbox and GameCube before they were even born. Today, a not insignificant segment of the population want Sony to fall apart completely, so it's tempting to ascribe the recent public gaffes to a mass realization that Sony's a big sham, that the Emperor has no clothes. There is certainly some thread of truth there.
I think more importantly we have all changed and Sony's playing catch-up. Six years ago most of us probably got our information and opinion from the big videogame media sites. Magazines were more important for breaking news stories. And as a result, I think people were a little too caught up in the Emotion Engine hype.
Now I almost never see news stories through GameSpot or IGN. Rather, I see them linked to by a blog, and along with that link comes some nugget of commentary. Actually, not just one blog, but dozens of blogs. The result of this filter is that I'm less likely to get the company line first and more likely to hear news with an instant shot of opinion.
Whereas there might have been one or two highly publicized reports on Sony's pricing back in 2000, you now have hundreds of bloggers talking about it simultaneously. Earlier this year, the same thing happened to Microsoft with its Xbox 360 shortages. What did they do? They shut up and fixed the problem, for the most part.
Similarly, Sony needs to get out of the headlines for a month or so. When a bad story comes up, respond with overwhelming force to stamp it out immediately, but otherwise shut up. Stop trying to justify the price. Stop trying to explain the controller. Just put your launch together, and let people decide when they see the games on shelves.
Why do you have to throw a moonbat remark about Jack Abramoff in the middle of a game related rant? I wish you BDS victims had a bit more self control. And of course I didn't bother reading the rest because I didn't feel like looking at any more of your ravings.
To anon: Touchy. When you're ready to talk facts, let us know. Ad hominem doesn't cut it.
By jvm, at 06 June, 2006 11:17
For the record, that Inquirer article is shite. Guy doesn't have a clue what he's talking about.
By Michael, at 06 June, 2006 12:29
Right, which is why Sony need to get out in front of it as soon as possible before it becomes another 32-bit Jaguar.
By jvm, at 06 June, 2006 12:38
I *think* Matt's trying to say that the "32 bit Jag" was the lie. The Jag most certainly was 64 bits. The problem was that the only 64 bit processor was the video processor, and most coders understood the 68k sitting near it so much better the Jag essentially hosted a lot of 32 bit ports that didn't take advantage of the poorly trumpeted (and designed) advancements. "The Jag's essentially a 32 bit system," became the "The Jag IS a 32 bit system" lie because the explanation [of 64 bitige] was so much more difficult to understand that the lie it would replace.
I thought I read Carmack say something to that effect, but the closest I can find quickly is this post, where he at least says the vid proc is 64 bit. He also says "If the jaguar had dumped the 68k..." and made a number of other hardware changes they would have done better.
Personally the Jag is, to me, one of the most fascinating pieces of console hardware out there. I think I recall a devver saying that you could have designed a game to be run by the video processor instead of the 68k and RISCs, just to prove it was 64 bit. Following Matt's lead today, I won't look up the links before posting. ;^)
Abramoff RUL3Z!!!1!
By rufbo, at 06 June, 2006 13:43
Ha, I think what I was trying to say is that I don't know jack about the Jag. Here's a better page for telling me what was what where. So the 68k is 16, not 32 bit. That makes even more sense. A 64 bit system doing 16 bit (read, "Genesis") ports because the extra procs are too hard to dev for. Nice stuff.
I think it's charming that everyone's still arguing about how many "bits" those systems have in 2006.
By JohnH, at 06 June, 2006 15:53
JohnH said: "I think it's charming that everyone's still arguing about how many "bits" those systems have in 2006."
Yeah. Everyone should know by now that the Jaguar is 64-bit. Duh.
By jvm, at 06 June, 2006 16:02
Anon: Thanks for the link. The veracity of the Inq's claim wasn't the point of the post. The point is that Sony can't seem to stay out of the news, and every time they are the news they end up having to put out another PR fire.
By jvm, at 12 June, 2006 10:49
"Watching the Coyote fall off a cliff for the umpteenth time can be funny. Watching Sony get sideswiped by another PR gaffe isn't."
Yes it is! While it's not particularly nice to see such a big company repeatedly muck up, it's either laugh or despair at the moment. And since Nintendo and Microsoft are puttering along quite healthily this generation so far, I don't think the world will collapse if Sony doesn't do well.
Sony´s execs are to arrogant to know when to shut up feks. When a high ranking sales exec in europe was asked why the quality of the movies wasn´t very good he replied "Blu-Ray looks bad right now because people are watching it on their CRT"... That is just plain stupid and an insult to enthusiast.
"...since Nintendo and Microsoft are puttering along quite healthily this generation so far, I don't think the world will collapse if Sony doesn't do well."
The world won't, but Sony will feel a world of hurt. They are risking tons with the PS3, much more than Microsoft's entry and certainly much more than Ninty's Wii. If the PS3 fails, Blu-Ray is very likely to fail. And if Blu-Ray fails, Sony is in deep doodoo.
Not that I like Sony much anyway.


text:
About Luxury-style Clothing Malaysia
Luxury Style Clothing Malaysia
Get great discounts of up to 50% off on Luxury Style Clothing, only at iprice! Elbow-Sleeve Lace Panel Bridesmaid Dress, Faux Fur Bolero Jacket and Petal Elbow-Sleeve A-Line Cocktail Dress are popular Luxury Style Clothing which you can purchase online. Mbulon, ASOS and SheIn are also available if you are thinking twice about having an Luxury Style Clothing. You can get Luxury Style Clothing for RM 42.00 - RM 1317.00 on iprice! If you are looking for Luxury Style Clothing, you can choose between Dresses, Shirts and Sportswear. Basic colors like Multicolour are the most popular colors for Luxury Style Clothing today.


text:
Fundraising on Thursday in New York, President Obama decided his audience of 1,400 at the Apollo Theater in Harlem needed to hear just a little bit more than the usual campaign rhetoric. So he broke into the first line of Al Green's R&B classic, "Let's Stay Together" — after Al Green, himself, had warmed up the crowd.
"I-I-I'm so in love with you…"
Brief as the phrase is, it's tough to hit all the high notes. But the president was pitch-perfect. The audience screamed in delight. Obama grinned, delighted himself. "Don't worry, Rev," he said to Green, "I cannot sing like you."
It's been a while since we've seen Obama show that much playfulness and charm publicly. True, he hasn't had much to be playful about — the budget crisis, the healthcare crisis, war.Continue reading on opinion.latimes.com


text:
TNA 2010 Maximum Tour Day 3
89,083pages onAdd New Page
this wiki
this wiki
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
The TNA House Show is a House show produced by Total Nonstop Action Wrestling on January 26, 2010 in Bournemouth, England.
Match Results
- (c) refers to the champion(s) heading into the match.
- Chris Sabin defeats Suicide and The Amazing Red in a TNA X-Division Title #1 Contendership Three Way Match
- Eric Young (c) defeats Hamada to retain the TNA Global Championship
- D'Angelo Dinero defeats Rhino
- Hernandez & Kurt Angle defeat Beer Money Inc. (James Storm & Robert Roode) and Team 3D (Brother Devon & Brother Ray) and The British Invasion (Brutus Magnus & Doug Williams) in a Four Way Tag Team Match
- The Beautiful People (Madison Rayne & Velvet Sky) defeat Sarita & Taylor Wilde
- AJ Styles (c) defeats Desmond Wolfe to retain the TNA World Heavyweight Championship
See also
External links


text:
Deep Canyon canyoning adventures are a journey unlike any other. Get in touch with a special natural world and see beauty such as you've only dreamed of… From the raw power of strong waterfalls to the tranquillity of deep, forested pools, from sculptural rockscapes to glowing green moss droplets, you will be immersed in a world you never knew existed.
And talk about fun! Challenge yourself in ways you'd never dreamed of. Plunge down water polished chutes and abseil down waterfalls. Jump off cliffs! Climb, swim and float through an amazing world of water- sculpted rock, deep clear pools and spectacular waterfalls.
We specialise in hands-on trips with a high level of personal satisfaction and our focus is strongly on good humour!
Amazing places, interesting challenges, friendly people and Great Big Fun!
Check out our new trips IMP GROTTO & Mill CREEK
Canyoning for water confident people with reasonable fitness, looking for big fun! Great for groups and teenage families. READ MORE
More adventurous canyoning trips for people with good fitness, swimming ability and a head for heights. Does this sound like you? READ MORE
Feedback from our clients..
About Deep Canyon…
Deep Canyon, Wanaka is New Zealand's premier canyon guiding company. We have been running canyon descents since 1994, the first in the country to do so. This season we look forward to our 23rd anniversary. Our guides are very experienced and easy to get on with, not to mention super-keen!
Our equipment and procedures are of the highest standard and our commitment to safety is absolute. This allows us to run maximum adventure/maximum fun trips in wild and fantastic situations. Our focus is strongly on personal satisfaction and good humour.
Our guides are certified under the NZOIA* Canyon qualification framework [some guides may have further overseas based qualifications]. This is a New Zealand specific programme and Deep Canyon is actively involved in setting the standards for, and assessing on, the programme.
Most of our guides are also qualified and experienced in other related outdoor activities. For this 2016/2017 season we have six great guides whose experience totals around 45 years of guiding and all of us get out there on our own adventures whenever we can..!
Current Conditions December 2016
It's officially summer and we are STOKED! Recent rain and snow has resulted in high water levels, so our canyons are crankin'. We're active on Niger Stream and Big Nige, with double-guides running the Leaping Burn until water levels stabilize. In the Haast Pass region we've already had some epic Wai-rata Heli Trips this season, beautiful as always. We're up and running in Cross Creek, Imp Grotto, Robinson Creek, and the ultimate canyon, Wilson Creek. Mill Creek will begin running in January when the flows settle down a bit. Conditions continue to be variable as we ease out of spring, and high flow rates currently apply in some canyons, but it looks like another awesome summer in Wanaka!
*New Zealand Outdoor Instructors Association