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, Research Paper The popular movie, "Top Gun" coined a phrase that reads "I feel the need, the need for speed." Many drivers today would agree with that phrase. Speeding is one of the most common ways that people break the law. When people break the law there are
, Research Paper
The popular movie, "Top Gun" coined a phrase that reads "I feel the need, the need for speed." Many drivers today would agree with that phrase. Speeding is one of the most common ways that people break the law. When people break the law there are
unappetizing consequences. A speeding ticket is an effective form of discipline: paying for a ticket, traffic school, and higher insurance rates.
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school is no where near to the courthouse, which causes you to search to find the it. The great experience of paying is close at hand after locating the sorrow-laden school. You must endure the excruciating nine hour course after paying for the privilege of attending. This is a class most people would have never taken if given the chance. The
unpleasantness associated with a speeding ticket is almost finished when you have completed the course.
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A speeding ticket is an effective form of discipline, with court, with traffic school, and with higher insurance rates. The deterrents for speeding are not all outwardly noticeable until you have been through the process. Once you have a speeding ticket
experience, you may be more careful to obey the law.
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United States District Court, E.D. New York
February 10, 2015
JAY JOHNSON, Plaintiff,v.ULTRAVOLT, INC., Defendant.
Appearances, Law Offices of Neil H. Greenberg & Associates, P.C., Justin M. Reilly, Esq., Attorneys for Plaintiff, Westbury, New York.
Zeichner Ellman & Krause LLP, Robert Guttman, Esq. Phillip S. Rosen, Esq., Attorneys for Defendant, New York, New York
DENIS R. HURLEY, District Judge.
Plaintiff Jay Johnson ("plaintiff" or "Johnson") commenced this action alleging that defendant Ultravolt, Inc. ("defendant" or "Ultravolt") violated the anti-retaliation provision of the Fair Labor Standards Act, 29 U.S.C. § 215(a)(3), and the New York Labor Law § 215(a)(iii) by filing a separate state court action against him, Ultravolt, Inc. v. Johnson, Index No. 13077/13 (Sup.Ct., Suffolk County). Currently before the Court is defendant's motion for summary judgment dismissing the complaint. For the reasons set forth below, defendant's motion is granted.
The following facts are undisputed, unless otherwise noted:
Plaintiff was hired as a sales application engineer by Ultravolt on or about February 22, 2010. In connection with his employment, Johnson signed a non-disclosure agreement ("NDA"). The NDA provided in pertinent part:
As defined in this agreement "Confidential Information" shall mean any information, including, but not limited to, trade secrets, business processes, manufacturing processes, business plans, inventions, techniques, data of any kind, drawings, customer lists, financial statements, sales data, proprietary business information of any sort, research or development projects or results, tests, and/or any non-public information which concerns the business, operations, ideas, or plans of a party to this Agreement conveyed to the other party by any format or means including, but not limited to, written, typed, magnetic, or orally transmitted.
The confidential information which is disclosed to the UNDERSIGNED shall remain the exclusive property of [UltraVolt]. Any products, processes, know-how, inventions, information or data developed by the UNDERSIGNED during the term of this agreement and for a period of six months thereafter shall also be treated as confidential information.
In consideration of receiving the confidential information, the UNDERSIGNED agrees, by its signature below, that it shall not use any of the confidential information for any purpose other than the purposes described above, unless otherwise agreed to in writing by [UltraVolt], and shall maintain that information with the same degree of care that the UNDERSIGNED employs with respect of it own proprietary information which it desires to keep confidential. The UNDERSIGNED will treat the confidential information with such care and will not disclose it to others.
The obligation of confidentiality shall survive termination of the Agreement....
Upon termination of this agreement for any reason, the UNDERSIGNED shall return to [UltraVolt] all confidential information, including documents and materials received from [UltraVolt] or generated by the UNDERSIGNED....
(Ex. 1 to Pawluk Declar. (DE 22-11).) Plaintiff left Ultravolt on or about December 16, 2011. He started a new job at Richardson RFPD on December 19, 2011, the following Monday. In an email dated December 23, 2011 to his former immediate superior, Johnson wrote "all of my notes were entered into the ACT Database as required. I do not have any customer information." (Ex. 2 to Pawluk Declar. (DE 22-12).) Johnson contends that he was providing a response to a question about specific customers and that he responded accordingly that he did not have any customer information about those specific customers. (Pl.'s Ex. E at 71-72.)
On March 26, 2012, Johnson commenced an action claiming, inter alia, that he was entitled to damages in the form of overtime pay and liquidated damages pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and the New York Labor Law. See Johnson v. UltraVolt, Inc., 12-CV-1476 (E.D.N.Y.) (" Johnson I "). Pursuant to the Compliance Conference Order in Johnson I, the parties had until November 9, 2012 to amend their pleadings. In December 2012, Johnson provided certain responses to defendant's document demands in Johnson I. The parties dispute how these documents should be labeled. Johnson claims the documents at issue are "spreadsheets and summaries he created on an ongoing basis to track his sales and commissions during the course of his employment." (DE 25-1 at ¶¶ 6-9.) Ultravolt, on the other hand, categorizes them as documents "containing Confidential Information including (I) lists of Ultravolt customers, (ii) sales data, (iii) commission reports, (iv) product information, and (v) sales projections. (DE 22-1 ¶ 6; see also id. at ¶¶7-9.) However labeled, the documents contain names of Ultravolt customers, as well as sales and product information. (Pl.'s Ex. D; Johnson Dep. at 74-95.).)
On February 18, 2013 an email was received on Johnson's old Ultravolt email account from Matthew Terraciano of Photonix, an Ultravolt customer, which stated, in relevant part, "If you have any interest in any of these products, you can contact Jay Johnson. He used to work at UltraVolt, our HV power supply vendor." Included in the email chain was an email from "Jay Johnson [mailto: firstname.lastname@example.com]" to Matthew Terraciano with the subject "Richardson RFPD", which began "Thanks for taking the time to meet with me. For your files I have attached our most current power products linecard, the combined Power/RF linecard and a summary of the Recom power supplies we discussed." (Ex. 3 to Pawluk Declar. (DE 22-13).)
On or about May 15, 2013, Ultravolt commenced an action against Johnson in the Supreme Court Suffolk County ("State Court Action") alleging breach of contract and unfair competition, seeking unspecified compensatory and punitive damages. ( See Ex. 1 to Rosen Decl. (DE 22-3).)
On June 21, 2013, Johnson commenced the instant action asserting that the filing of the State Court Action violated the anti-retaliation provision of the Fair Labor Standards Act, 29 U.S.C. § 215(a)(3), and the New York Labor Law § 215.
I. Standard for Summary Judgment Motion
Summary judgment pursuant to Federal Rule of Civil Procedure 56 is only appropriate where admissible evidence in the form of affidavits, deposition transcripts, or other documentation demonstrates the absence of a genuine issue of material fact and one party's entitlement to judgment as a matter of law. See Viola v. Philips Med. Sys. of N. Am., 42 F.3d 712, 716 (2d Cir. 1994). The relevant governing law in each case determines which facts are material; "[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). No genuinely triable factual issue exists when the moving party demonstrates, on the basis of the pleadings and submitted evidence, and after drawing all inferences and resolving all ambiguities in favor of the non-movant, that no rational jury could find in the non-movant's favor. Chertkova v. Conn. Gen. Life Ins. Co., 92 F.3d 81, 86 (2d Cir. 1996).
To defeat a summary judgment motion properly supported by affidavits, depositions, or other documentation, the non-movant must offer similar materials setting forth specific facts that show that there is a genuine issue of material fact to be tried. Rule v. Brine, Inc., 85 F.3d 1002, 1011 (2d Cir. 1996). The non-movant must present more than a "scintilla of evidence, " Del. & Hudson Ry. Co. v. Consol. Rail Corp., 902 F.2d 174, 178 (2d Cir. 1990) (quoting Anderson, 477 U.S. at 252), or "some metaphysical doubt as to the material facts, " Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)), and cannot rely on the allegations in his or her pleadings, on conclusory statements, or on "mere assertions that affidavits supporting the motion are not credible, " Gottlieb v. Cnty. of Orange, 84 F.3d 511, 518 (2d Cir. 1996) (citations omitted). "When no rational jury could find in favor of the nonmoving party because the evidence to support its case is so slight, there is no genuine issue of material fact and a grant of summary judgment is proper." Gallo v. Prudential Residential Servs., Ltd. P'ship, 22 F.3d 1219, 1224 (2d Cir. 1994).
The district court, in considering a summary judgment motion, must also be mindful of the underlying burdens of proof because "the evidentiary burdens that the respective parties will bear at trial guide district courts in their determination of summary judgment motions." Brady v. Town of Colchester, 863 F.2d 205, 211 (2d Cir. 1988). Where the non-moving party will bear the ultimate burden of proof on an issue at trial, "the moving party's burden under Rule 56 will be satisfied if he can point to an absence of evidence to support an essential element of the" nonmovant's claim. Id. at 210-11. Where a movant without the underlying burden of proof offers evidence that the non-movant has failed to present sufficient evidence in support of his claim, the burden shifts to the non-movant to offer "persuasive evidence that his claim is not implausible.'" Id. at 211 (citing Matsushita, 475 U.S. at 587).
II. Standard for FLSA Retaliation Claims
The FLSA provides that it shall be unlawful for an employer "to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding...." 29 U.S.C. § 215(a)(3). "FLSA retaliation claims are subject to the [ McDonnell Douglas ] three-step burden-shifting framework." Mullins v. City of New York, 626 F.3d 47, 53 (2d Cir.2010) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)); see Perez v. G & P Auto Wash Inc., 930 F.Supp.2d 423, 436 (E.D.N.Y. 2013).
To establish a prima facie case of FLSA retaliation, a plaintiff must show: "(1) participation in protected activity known to defendant, like the filing of a FLSA lawsuit; (2) an employment action disadvantaging the plaintiff; and (3) a causal connection between the protected activity and the adverse employment action." Mullins, 626 F.3d at 53. "[A] causal connection between an adverse action and a plaintiff's protected activity may be established through evidence of retaliatory animus directed against a plaintiff by the defendant... or by showing that the protected activity was closely followed in time by the adverse action." Id. (internal quotation marks and citations omitted.) If the plaintiff is able to do so, "the burden shifts to the defendant to articulate a legitimate, non-discriminatory reason for the... action." Id. (internal quotation marks and citation omitted). If the defendant is able to show a legitimate, non-discriminatory reason, "the plaintiff must produce sufficient evidence to support a rational finding that the legitimate, non-discriminatory reasons proffered by the defendant were false, and that more likely than not discrimination was the real reason for the employment action." Id. at 53-54 (internal quotation marks and citation omitted).
I. The Evidence Does Not Support a Rational Inference of Retaliation
Where, as here, the question of whether the plaintiff has met his prima facie burden is indistinguishable from the question of whether the employer's actions merely served as a pretext for retaliation, "a court may simply assume that a plaintiff has established a prima facie case and skip to the final step in the McDonnell Douglas analysis." Idrees v. City of New York, 2009 WL 142107, at *9 (S.D.N.Y. Jan. 21, 2009) (citing cases); see also Jimenez v. Donahoe, 968 F.Supp.2d 609, 618 (S.D.N.Y. 2013); Howard v. MTA Metro-North Commuter R.R., 866 F.Supp.2d 196, 205 (S.D.N.Y. 2011. This is because a plaintiff who can prevail at the third stage of the McDonnell Douglas process has necessarily demonstrated circumstances giving rise to an inference of discrimination, and a plaintiff who cannot prevail at the third stage cannot prevail on his/her claim whether or not there exist circumstances giving rise to an inference of discrimination. To avoid redundancy, the Court will therefore assume plaintiff has demonstrated an inference of discrimination and move on to the second and third stages of the McDonnell Douglas analysis. See Morris v. Ales Grp. USA, Inc., 2007 WL 1893729, at *7 (S.D.N.Y. June 29, 2007).
In support of its motion, defendant maintains there is no evidence of retaliatory intent because, although the state court action is still being litigated, the following documentary evidence provides a firm basis for the claims in that action: Johnson breached the NDA by taking, inter alia, customer information, sales data, and product pricing when he resigned from Ultravolt; Johnson represented when he resigned that he had no customer information, which representation was false in view of the documents he produced in Johnson I; and Johnson attempted to solicit at least one Ultravolt customer using that customer stolen information. In addition to the foregoing, Defendant also relies on the fact that it did not commence the State Court action until it became clear during Johnson's deposition that he improperly retained and used the confidential information and accordingly violated the terms of the NDA.
Plaintiff maintains that he has raised a question of facts as to retaliatory animus. In this regard, he asserts that (1) the non-disclosure agreement does not have a provision restricting his future employment or a provision precluding him from soliciting customers of Ultravolt; (2) there is an extremely small amount of crossover between the high voltage power supplies manufactured by Ultravolt and the power supplies distributed by his current employer; (3) Photonix is the only customer that Ultravolt has evidence that he solicited and there is no evidence of any business that Ultravolt lost because of plaintiff; (4) fifteen months after the filing of the State Court Action, the Chief Financial Officer of Ultravolt does not know what specific monetary damages Ultravolt is claiming in that action. (Pl.'s Opp. Mem. at 4-6.) Plaintiff also asserts that retaliatory animus played a part in defendant's decision to file the State Court Action as evidenced by the inclusion of a claim for unfair competition and the concomitant claim for punitive damages.
For the reasons set forth below, the Court concludes that plaintiff has failed to produce sufficient evidence to support a rational finding that the legitimate, non-discriminatory reasons proffered by the defendant were false, and that more likely than not retaliation was a reason for the filing of the State Court Action.
The Court turns first to plaintiff's argument that a discriminatory animus may be inferred because the non-disclosure agreement does not restrict his future employment or preclude him from soliciting Ultravolt customers. This argument might be persuasive if plaintiff had not remained in possession of information concerning Ultravolt's customers, sales and product data after leaving Ultravolt. That, however, it not the case.
The NDA defines confidential information to include, inter alia, customer lists and sales data, as well as information or data developed by the employee and provides that (1) the employee shall not use any of the confidential data for any purpose other than for the purpose of engineering and developing products for Ultravolt's own use as well as for its customers/clients, (2) the obligations survive termination and (3) upon termination, the employee shall return to Ultravolt all confidential information, including documents and materials received from Ultravolt or generated by the employee. The documents produced by plaintiff in Johnson I contain customer names and sales data, which information is included in the definition of confidential information, and that plaintiff remained in possession of it after his employment with Ultravolt terminated provides a reasonable basis in fact for the State Court Action, especially in view of the email evidencing plaintiff thereafter solicited one of Ultravolt's customers.
Nor does the fact that the amount of crossover between the high voltage power supplies manufactured by Ultravolt and the power supplies distributed by his current employer is "extremely small" evidence a retaliatory intent. Ultravolt is entitled to protect that crossover, no matter the size. In any event, the email chain from Matthew Terraciano of Photonix references a discussion of "power supplies." (Ex. 3 to Pawluk Declar. (DE 22-13).[1]
Ultravolt's inclusion of a claim for unfair competition does not, in the circumstances of this case, provide evidence of a retaliatory animus. A cause of action for unfair competition may be predicated "upon the alleged bad faith misappropriation of a commercial advantage belonging to another by the exploitation of proprietary information or trade secrets." Out of Box Promotions, LLC v. Koschitzki, 55 A.D.2d 575, 578, 866 N.Y.S.2d 677, 681 (2d Dept. 2008) (internal quotation marks and citations omitted). Here, Ultravolt had substantial unrefuted evidence to support that assertion. Johnson retained customer, sales and product information after he left Ultravolt and there is evidence he used that information. At his deposition, plaintiff admitted that he contacted Matthew Terraciano at Photonix "[b]ecause [he] knew of the company and they were not listed in [his] assigned accounts at Richardson, so [he] thought there could be potential there." (Johnson Dep. at 122-23.)
Finally, that Ultravolt's evidence of customer solicitation is limited to only Photonix and that the Chief Financial Officer of Ultravolt does not know what specific monetary damages Ultravolt is claiming in the State Court Action does not permit an inference of retaliatory intent in the absence of evidence as to the status of the State Court Action. In his deposition, the Chief Financial Officer references Ultravolt's efforts to take Photonix's deposition indicating that discovery in that action was ongoing. (See Pl.'s Ex. G) Indeed, plaintiff does not submit evidence that discovery in State Court Action is complete, or even as to the amount of discovery that was taken. Nor does plaintiff deny soliciting Photonix or other customers of Ultravolt. As noted earlier, plaintiff admitted that he contact Matthew Terraciano at Photonix "[b]ecause [he] knew of the company and they were not listed in [his] assigned accounts at Richardson, so [he] thought there could be potential there. (Johnson Dep. at 122-23.) He also admitted that in addition to Photonix, there are other customers that he serviced at Ultravolt that he now services at Richardson. (Johnson Dep. at 110-111.)
In support of its position, plaintiff relies upon Spencer v. International Shoppes, Inc., 2010 U.S. Dist. LEXIS 30912 (E.D.N.Y. March 29, 2010). Spencer, however, is factually dissimilar to the instant case. In Spencer, the defendant commenced the claimed retaliatory action two months after plaintiff filed his complaint with the New York Division of Human and "more importantly Defendants' claims [were] based on Plaintiff's statements in August 2002 and thus could have been asserted" almost two years earlier. Id. at *33-34. In addition, the Spencer defendant's lawsuit sought six million dollars in damages. Such is not the case here. Johnson points to no evidence that Ultravolt was aware of his retention of confidential information or any solicitation of its customers before he commenced Johnson I. Nor does Ultravolt seek an exorbitant amount of damages in the State Court Action; its damages are specified in the state court complaint.
In sum, plaintiff has not produced sufficient evidence to support a rational finding that the legitimate, non-discriminatory reasons proffered by the defendant for its commencement of the State Court Action were false, and that more likely than not retaliation was a reason for the action. Accordingly, defendant is entitled to summary judgment on plaintiff's FLSA retaliation claim.
II. Plaintiff's State Law Retaliation Claims are Dismissed without Prejudice.
Having found that Plaintiff's FLSA claim cannot withstand summary judgment, there is no longer any independent basis for federal jurisdiction in the within action. Although the Court has the discretion to exercise supplemental jurisdiction over Plaintiff's remaining New York Labor Law claim, it declines to do so as resolution of the state claim may[2] require the determination of additional factual and legal issues. See 28 U.S.C. § 1367(c)(3) ("The district court may decline to exercise supplemental jurisdiction over a claim... if... the district court has dismissed all claims over which it has original jurisdiction...."); N.Y. Mercantile Exch., Inc. v. Intercontinental Exch., Inc., 497 F.3d 109, 119 (2d Cir. 2007) (holding that dismissal of remaining state claims after the dismissal of federal claims is particularly appropriate where the resolution of the state law claims entails resolving additional legal and factual issues). "While discovery has been completed and the instant case proceeded to the summary judgment stage, it does not appear that any discovery would need to be repeated if [Plaintiff's] pendent claim [] [was] brought in state court." Tishman v. The Associated Press, 2007 U.S. Dist. LEXIS 85588, at *28-29 (S.D.N.Y. Nov. 19, 2007). Moreover, "[s]ince [New York CPLR § 205] allows a plaintiff to recommence a dismissed suit within six months without regard to the statute of limitations, ' plaintiff[] will not be prejudiced by the dismissal of [her NYSHRL] claim[]." Id. (quoting Trinidad v. N.Y. City Dept. of Corr., 423 F.Supp.2d 151, 169 (S.D.N.Y. 2006) (alterations in original) (additional citations omitted).
Accordingly, plaintiff's New York Labor Law claim is dismissed without prejudice.
For the foregoing reason, defendant's motion for summary judgment is granted. Plaintiff's FLSA claim is dismissed with prejudice and the New York Labor Law claim is dismissed without prejudice. The Clerk of Court is respectfully requested to enter judgment accordingly and to close this case.
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If like myself you are dreaming of warmer and dare I say it sunnier climes then perhaps a trip to your local fragrance hall could be the answer - that or booking a trip abroad but perfume does tend to be cheaper. At the moment Elie Saab Le Parfum Resort is my go to fragrance pick me up - a fruity blend of fig, orange blossom, jasmine and frangipani that embodies the mood of Summer without being sickly sweet.
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Elie Saab Le Parfum Eau de Toilette Resort £39.95/50ml via Escentual - link.
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A Story of Reason Blinded by Ambition in Mark Twain's Journal The Genuine Mexican Plug
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without the shadow of a doubt a Genuine Mexican Plug Twain 392 Anybody who knows what a plug is knows that the horse is dilapidated and useless However Mark Twain from his own journal The Genuine Mexican Plug is fooled by the speakers energy The story is about Twain being tricked into buying an old horse from an auctioneer and the troubles he had to endure with the horse The reader can assume that Twain is gullible and determined to succeed Because he bought the horse from the high-energy salesman Twain was gullible In the story he is easily fooled by the salesmans tone In the story he says I did not know what a Genuine Mexican Plug was I would own a Genuine Mexican Plug or die 392 Twain admits that he does not know what a Genuine Mexican Plug is but he buys it anyways because he gets the impression that the decision will be the life or death of him Once he bought it he believes that buying will improve his life However as soon as he got on the horse he was lifted into the air After an old man told him the truth about the horse Twain tried to get rid of the horse However nobody would buy it He was so desperate that he tried to give him away But it was a failure Parties said earthquakes were handy enough on the Pacific coast- they did not wish to own one 394 Not only that but the horse cost him 27 the stall room 15 and the hay 250 Buying the horse turned out to be Twains misfortune Mark Twain at the time was also ambitious swept through the town like the wind sailing puff of dust on the far desert sat up gallantly and gracefully 392 In the beginning of the story Twain can be seen fantasizing what his future could be in
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Water Damaged Drywall
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Gail, Great! Sign up on any page, and be sure to click the Confirmation link I send out!
I've just noticed something in my loft. It's definitely water damage. I don't know how long it's been there, and there looks to be something growing but it's solid and I did the poke test and just the paint chips off but the drywall is solid. Should I just scrape the paint off and re-paint or should I cut out of the drywall? I have pictures if you could please help me.
You may have to do a 15-Minute Phone consult with me. Too much to discuss in comments.
we had a bubble in our dining room and we think the cause is the upstairs laundry as it is right above the damage. I popped the bubble and ran the machine (with no clothes) and didn't notice a leak. Do you think it is safe to repair the drywall or should i try to find the source of the leak?
Find the source of the leak. It could have been a one-time overflow!
I was wondering what does it mean when the nails under the drywall are black and you can see the boards they are nailed to also, those are also black. They go from the ceiling to the floor. I live in an apt/townhouse and our basement floods every spring from the melting snow. There is no neighbor on this wall so I'm wondering if it could be water or mold.
Ice and snow build up has caused a pretty bad water leak above the hot water tank and has soaked through and dripping into a bucket. I've removed the ice and snow, the water has stopped dripping, will it dry and be alright? If not what do you suggest I do?
water damage can cause so much trouble if not taken care of right away. You made a very good point in that a lot of damage can come from what you think is a small leak. It's always better to be safe than sorry and repair it, especially if you don't want the ceiling to collapse on you if it goes untreated! Thanks for the informative post.
I live in the desert, is mold possible from a one-time overflow? My ceiling drywall in my downstairs bathroom got wet from the upstairs toilet overflowing. I'm inspecting the ceiling drywall to make sure it doesn't need to be repaired, so far, the only soft spot is around an A/C duct where the water came through.
We recently had water damage from the second floor into the ceiling of the main floor. The dry wall ceiling feels just as hard as it always had but the nail pops that have been plaging the house since it was built a year ago are more noticeable. You can also see where they used tape to connect the pieces of drywall. Is it possible that the entire ceiling needs to be replaced? The contractor refused to fix the nail pops.
We live in an apartment complex and the wall in our bathroom above the sink and light fixture is soggy to the point where I can peel it off.
This continues up to where the wall meets the celing where I notice a slight soggy-ness but not as serious as the wall. We are on the 2nd floor with another apartment above us.
Really want to guage then savarity of the situation. I have a day off in a couple of days where I can be home to call the apartment to fix it, just hoping I can wait that long. We notice a dripping sound when the apartment above us is using their bathroom so we at least have an idea of where it's coming from
Last week, we had our roof replaced. The workers removed the entire roof, thus the Alabama rains came, and they came in full force. Part of our upstairs bathroom collapsed. The upstairs bedrooms' ceiling a almost full of water stains, but are still intact. Several large water stain are also on the lower level. The company partially replaced the upstairs bath ceiling, but not the bubbled spots. They want to prime and paint the remaining stains. The attic insulation is also drenched. I am concerned about mold and the future integrity of the ceilings throughout the house that have been damaged. The company is dragging its feet. My son has asthma and is high allergic to mold. There is no carpet in the house ~ all hardwood ~ because of his asthma. Please direct me to what we should so. There is no sense of urgency at the company. There are repeated no-shows and passing the buck. Can you proved some direction for us? Many thanks!
ALL rain-damaged materials get replaced. You DID, as I suggest in many past columns here, get a COPY of the contractors general liability policy BEFORE he started work, right?
You DID ALREADY call the insurance company to file a claim haven't you?
Tell me you're not HOPING all goes well.
I'm sorry to be so tough, but I just don't understand why people are so trusting.
Water damage is water damage, but the first point before embarking on water damage repair is to make sure that the source of the problem has been repaired properly.Thanks for great posting.
Tim Carter my aparent just recently had a horrible leak through the attic from the roof. I had buckets in 4 spots and there's streaks going across my ceiling. My landlord does not think this is a big deal, however i just pushed on my ceiling like you had said and can almost push right through it, it's very soggy. All they want to do is repaint. I also had water coming out of the top trim in a doorway.. I am trying to get help for i have a one year old son. I am frightened to go to sleep in fear that the ceiling will collapse.. it is all right above our bed. Management told me to sleep in another room.. Should i take legal advice..? Please help me...
Great article you have presented here.I liked your tips that are really informative.There are some things you can do to combat water damage. Just make sure you act quickly! Letting walls stay wet for more than a day or two can mean having to start over with just the structural wood and studs, discarding all of your wet drywall. Your best bet for reducing water damage is to allow air in from outside. Air circulation will help to make your walls dry faster than they would on their own.Good share.
Our roof recently had a leak. There was a short narrow strip of a stain but no actual water dripped through. The roof was repaired and now the stain seems to be two toned which leads me to believe only the darkest area may still be wet.-- I'll have to get a ladder and test it soon since the ceiling is over 9' at the apex in our bedroom.-- where there used to be 3 small bubbles now there's what looks like Brail . Do you think this job will require someone to crawl through the attic and check for extensive wetness that could turn to mold and cut out the ceiling? do you think it can be patched up and repaired by a painter?
I was on vacation for a month only to come home to a huge leak in my roof from the (chimney mortar?) There is mold already in a 2' X 2' circle and some of the popcorn has dropped. The problem is, the roof repair guys can't come over and seal the mortar until it stops raining, and Joaquin has started. I have a fan blowing on the ceiling trying to keep it dry as much as possible. Stupid question, but is this the right thing to do? I've heard that mold is dangerous, but I can't just let it keep getting wet. Also, it's right above my bed, so I moved the bed a little to get the fan closer on a ladder. Yea, I know I'm supposed to replace the drywall after I get the leak fixed, but until then, any suggestions?? I hope you answer this fast, because I'm scared to sleep in there now after reading stuff on the internet. Thanks!
I live in a house that was converted into three apartments. When I first moved in the ceiling in my bedroom caved in due to water , the landlord said it was from the the upstairs neighbors kid spilling water everywhere in her bathroom. I didn't really believe that as the leak was four to five feet from where her bathroom is. Currently my downstairs neighbors have the same issue in her bathroom which is below mine. Landlord says the same thing that my kids are spilling water out but no one had any water on the floor. What can I do or who can I call to look at it? What can cuase this , seems to happen when it rains a lot?
My apt above (where the door meets the terrace) had a leak before and it took owner 6 months to be convinced that it was his problem. My ceiling was damaged and had to be taken out and put a new one.
Again there was a leak and I was told that he fixed the same issue again. However my tenant tells me there was lot of water damage and ceiling at lot of places look bad. It seems to be triple sheet rock since last time the guy had trouble cutting the old ceiling. Does this mean the water damage had been going for months and the ceiling inside is damaged? Do I need to replace the whole ceiling again.
We recently had our roof replaced. The roofers did not cover it at day end. Lots of rain that night. Water damage is obvious where seems are on ceiling. Insulation in ceiling was soaked. They removed a lot but not all. They are willing to come in and repair water damage cosmetically. My concern is mold. The colmpany is willing to do whatever we ask. We are unsure of steps that need to be taken in the attic to prevent future mold or mold Could mold already be growing. The health of our family is my biggest concern. We have a granddaughter with Leukemia that I care for in our home. Your advice is appreciated. Thank you!
How long does drywall take to dry out?
I recently had my roof replaced. The roofers got caught in the rain with the rafter out allowing water to damage upper and lower ceilings and walls. Insulation in ceiling was not checked. Two days later they painted the water damage stains using kiltz to repair cosmetically. My concern is mold. I am unsure of steps that need to be taken in the attic to prevent future mold. One ceiling was really dark but they painted over it. I have bad allergys and is high concern for my health. Your advice is appreciated. Thank you!
Please read ALL of my Mold columns. You should takeaway that it stops growing when water is cut off. If you need more help:
We had a water heater that leaked and now joists under house are soaked. This is our little vacay place, built in 1947, 800 square feet. We don't get to go as much as we'd like but we're lucky in the sense that my husband did go on a particular weekend and discovered the leak and the inch of water in part of the house. He placed a dehumidifier under the sweet ole place but we're extremely worried, yes worried, since the joists and much more are water damaged. We had a new water heater installed. We were there this Labor day weekend and I heard a hissing sound from under the house. Hubuy checked it out; a pretty good sized leak spewing water. We called the plumber and he fixed it is hope. We are going to call a plumber again. But the question is, after all this, is what should we do about the soaked floor joists under the house? Any advice is extremely appreciated. Thanks, in advance.
Hi, I am a private tenant who suffered a unfortunate loo leak that went through the ceiling, my landlady says without checking ceilings or anything else that the dry wall needs replacing. I have had fans on the ceilings and it has been properly ventilated overnight and I have checked the ceiling to the touch and it is still rock solid. I believe she will still charge me for work that may not even need doing.
I am renting an apartment. One day over a week ago I got a call from my girlfriend saying the paint was falling off the wall. Once I got home I realized it wasn't just paint. The backing from the drywall is coming off too. It looks as if this has happened before and they just mudded over it and painted. If the water soaked through the drywall to the inside, shouldn't I be worried about more than the drywall? There is an apartment above us that has the same problem. I'm afraid the integrity of the whole wall will be compromised with the age of this building.


text:
Robert Gehl reports that, in a very emotional speech, Hillary Clinton urged her supporters to put their anger and hatred aside, accept the results of the presidential election and try to show support for President Donald Trump.
She reiterated that "our democracy enshrines a peaceful transition of power" that all Americans must respect and that Donald J. Trump truly is the next President of the United States.
She then apologized: "This is not the outcome we wanted and worked so hard for," she said. "I'm sorry we did not win this election for the values we hold."
"Being your candidate has been one of the greatest honors of my life," she said. "I know how disappointed you feel, because I feel it too, and so do tens of millions of Americans. This is painful, and it will be for a long time, but our campaign was never about one person or even one election. It was about building an America that is hopeful, inclusive and big-hearted."
The speech was gracious, thanking her supporters, family and voters.
"I have spent my whole life fighting for what I believe in, I have had successes and setbacks," she said. "This loss hurts, but never stop believing that fighting for what's right is worth it."
Forcing a smile and receiving raucous applause from her most dedicated supporters, and with Bill in the background, she said that little girls who might be saddened by the loss should know that one day – sooner or later – there would be a female president.
Hillary Clinton lost the election by 228 electoral votes to Trump's 279, with several states still to count.
The final voting is still going on, but it appears that Hillary Clinton has won the popular vote by at least 100,000 votes.
From TFP.


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January 19, 1954
STAIS ET UX.v.SEARS, ROEBUCK & CO.
Macey E. Klein, Irwin Benjamin, Hurwitz, Klein, Meyers & Benjamin, Harrisburg, for appellees.
Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, j.
[ 174 Pa. Super. Page 500]
WRIGHT, Judge.
John and Mary Stais, husband and wife, brought an action in trespass to recover damages resulting from personal injuries sustained by the wife in a fall down a flight of stairs in the Harrisburg Store of Sears, Roebuck and Company. Verdicts were rendered in favor of plaintiffs. Defendant filed motions for new trial and for judgment n.o.v. The lower court refused these motions, and this appeal followed. We are required to consider the testimony in the light most advantageous to appellees, and to resolve in their favor all doubts and conflicts therein. Miller v. Pennsylvania R. Co., 368 Pa. 507, 84 A.2d 200.
Mary Stais testified that she was shopping in appellant's store at about 11 o'clock a. m., on September 7, 1947. Her business there involved a visit to the basement salesroom to obtain a replacement for a broken washing machine part. The stairs to the basement consisted of two flights of steps. The first flight descended to a large landing, and the second flight descended from the landing to the basement floor. The stairs were approximately 5 feet in width, covered with a composition floor covering. At the forward edge of each step and the landing there was a metal strip or nosing 1 1/2 inches wide which was fastened down with screws. A railing ran along each side of
[ 174 Pa. Super. Page 501]
the steps and around the landing. Plaintiffs concede that the steps were well lighted.
According to Mrs. Stais, the fall occurred in this manner. She was wearing low flare-heeled shoes. In her left hand she was carrying the broken washing machine part. The child was holding on to two fingers of her mother's left hand. Mrs. Stais was holding to the railing with her right hand. After proceeding down the first flight of steps, she made a right turn on the landing, taking her hand from the railing of the first flight and putting it on the railing of the second flight, preparatory to descending further. She looked down and saw no indication that the metal strip on the edge of the landing was not securely fastened. It appeared 'safe, flat and flush down'. She started to step forward with her right foot, whereupon the heel of her right shoe caught and momentarily hung in the metal strip on the edge of the landing. As a result, the heel tab of her right shoe was torn off, she lost her grip on the railing, her left fingers were torn loose from her daughter's hand, and she fell from the landing to the second or third step above the basement floor. Two unknown men, later identified as store employes, came to her assistance and started to help her up the stairway. However, because of pain, she sat down on the third step below the landing with her back to the railing. She looked for her daughter and saw her crying on the landing. While seated with her eyes about level with the floor of the landing, she observed that for one and one-half to two feet of the width thereof, starting at the right hand railing, the metal strip on the edge of the landing 'was sticking up, you could see holes where it was loose from the floor'. The holes referred to were for screws which were missing.
On behalf of the defendant there was testimony that the stairs were inspected daily, including the morning
[ 174 Pa. Super. Page 502]
of the accident; also that an inspection was made immediately after the accident and the metal nosings were found to be flat and flush. It was further testified that the metal nosing was installed in 1945, and that the stairs were used by three to four thousands persons each business day. President Judge Smith thoroughly explained the issues to the jury in an excellent charge, concerning which no complaint is made. The motion for new trial is not being pressed. Appellant's sole contention is that there was on evidence upon which the jury could base its finding of negligence.
While a store owner is not an insurer, he owes his customers a duty to exercise reasonable care for their safety. Hartman v. Miller, 143 Pa. Super. 143, 17 A.2d 652. A possessor of land is subject to liability for bodily harm caused to business visitors by conditions thereon only if he knows, or by the exercise of reasonable care could discover, a condition which he should realize as involving an unreasonable risk to them. Restatement of Torts, § 343. Negligence cannot be inferred from the mere happening of an accident. Gallagher v. Children's Aid Society, 344 Pa. 152, 23 A.2d 452. In the absence of proof of actual knowledge by defendant, the burden is on plaintiff to show that the defect had existed for a sufficient time to charge defendant with notice. Angelelli v. Albert J. Mansmann Co., 168 Pa. Super. 275, 77 A.2d 678. The applicable principles have been helpfully restated by Mr. Justice Bell in Lanni v. Pennsylvania R. Co., 371 Pa. 106, 88 A.2d 887.
What will amount to constructive notice of a defect or dangerous condition existing upon a defendant's premises necessarily varies under the conditions of each case. Among the factors affecting the question are the number of persons using the premises, the
[ 174 Pa. Super. Page 503]
frequency of such use, the nature of the defect, its location on the premises, its probable cause, and the opportunity which defendant, as a reasonably prudent person, had to remedy it. Bremer v. W. W. Smith, Inc., 126 Pa. Super. 408, 191 A. 395. It is not always necessary for plaintiff to produce positive testimony as to how long the defect existed. In Oberheim v. Pennsylvania Sports and Enterprises, Inc., 358 Pa. 62, 55 A.2d 766, Mr. Justice Jones points out that direct proof of defendant's knowledge is not essential to the imposition of liability where the condition was a likely and foreseeable result of the manner in which the premises were being maintained and used.
The case at bar differs from those in which the plaintiff fails to establish an alleged foreign substance actually was present. Pierce v. Delaware, L. & W. R. Co., 358 Pa. 403, 57 A.2d 876, or that the condition complained of actually was a defect. Copelan v. Stanley Co., 142 Pa. Super. 603, 17 A.2d 659. The factual situation under consideration is comparable rather to that in cases wherein the nature and location of the defect, considering all of the circumstances especially including the number of persons using the premises, justifies a finding by the jury that it had existed for a sufficient length of time to amount to constructive notice. Coxey v. Guala, 112 Pa. Super. 460, 171 A. 484, 486. In that case, while descending steps leading to defendant's basement restaurant, plaintiff's foot slipped on a loose rubber step pad. Speaking through Judge James we said, 'If the pad was loose as described by the plaintiff, the jury might have inferred that it had existed a sufficient length of time to have charged defendant with constructive knowledge.'
The Pennsylvania cases relied upon by appellant can be readily distinguished. Lanni v. Pennsylvania R. Co., supra, involved the presence of a foreign substance.
[ 174 Pa. Super. Page 504]
In Copelan v. Stanley Co., supra, plaintiff slipped on the smooth surface of a step constructed of reasonably suitable material and properly maintained. Hixenbaugh v. J. G. McCrory Co., 145 Pa. Super. 586, 20 A.2d 910, 21 A.2d 242, involved an exit which was not unusual or dangerous in its construction. Liability is properly imposed where, as in the present case, the defect is one which should have been anticipated and could have been discovered upon reasonable inspection. Paulscak v. Hoebler, 330 Pa. 184, 198 A. 646; Kimble v. Mackintosh Hemphill Co., 359 Pa. 461, 59 A.2d 68.
Judgment affirmed.
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August 1, 2005
Ephedra, also known as ma-huang, is an herbal remedy that has been used for over 5,000 years to treat common colds, asthma and other upper-respiratory illnesses. Ephedra is a shrub-like plant found in the deserts of central Asia and arid regions throughout the world. It is the herbal precursor to ephedrine, an FDA-regulated drug used in over-the-counter asthma and cold remedies. Ephedrine works by stimulating the central nervous system, dilating bronchial tubes, elevating blood pressure and increasing heart rate.


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decided: March 21, 1967.
Appeal from judgment of Court of Common Pleas of Lancaster County, June T., 1965, No. 80, in re appointment of viewers for certain parcel of land located in First Ward of City of Lancaster, condemned by Redevelopment Authority of City of Lancaster.
Frank Edward Roda, for appellant.
F. Lyman Windolph, with him Victor R. Bieber, and Windolph, Burkholder & Hartman, for appellee.
Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Roberts dissents.
[ 425 Pa. Page 37]
This is an appeal by the condemning authority from a judgment entered on a verdict of $246,000 in favor of the condemnee in an eminent domain case. Pursuant to the Eminent Domain Code, Act of June 22, 1964, P.L. 84, § 101 et seq., 26 P.S. § 1-101 et seq. (Supp. 1966), the Redevelopment Authority of the City of Lancaster (condemnor) filed in the Court of Common Pleas of Lancaster County a declaration of taking of certain property belonging to the condemnee. At the time of the condemnation, the property consisted of a
[ 425 Pa. Page 38]
theater operated by condemnee; a rear warehouse which was leased as a used furniture salesroom; and apartments which were vacant. The board of viewers awarded condemnee $201,500 in damages, and both condemnor and condemnee appealed to the court of common pleas. Following trial, the jury rendered a verdict in the amount of $246,000, and after dismissal of its motion for a new trial and the entry of judgment on the verdict, condemnor filed this appeal.
Condemnor has raised several meritorious issues in pursuit of a new trial. On direct examination, condemnee's expert valuation witnesses testified that the property was capable of being leased by the owner for a rental of twenty or twenty-five percent of the gross theater admission receipts. Condemnor sought to cross-examine these witnesses as to their computations in arriving at their opinions, but upon objection, was not permitted so to do. Section 705 of the Eminent Domain Code provides in relevant part: "Whether at the hearing before the viewers, or at the trial in court on appeal: (1) A qualified valuation expert may, on direct or cross-examination, state any or all facts and data which he considered in arriving at his opinion, whether or not he has personal knowledge thereof, and his statement of such facts and data and the sources of his information shall be subject to impeachment and rebuttal. (2) A qualified valuation expert may testify on direct or cross-examination in detail as to the valuation of the property on a comparable market value, reproduction cost or capitalization basis, which testimony may include but shall not be limited to the following: . . . (iii) The capitalization of the net rental or reasonable net rental value of the condemned property, including reasonable net rental values customarily determined by a percentage or other measurable portion of gross sales or gross income of a business which may
[ 425 Pa. Page 39]
reasonably be conducted on the premises, as distinguished from the capitalized value of the income or profits attributable to any business conducted thereon."
In order to test the credibility of the expert witnesses for condemnee, as well as the correctness of their opinions that a reasonable net rental value of the property would be twenty percent (according to one expert) or twenty-five percent (according to another expert) of the gross receipts of the theater, condemnor sought to establish, by way of cross-examination, that a financial statement used by the witnesses in their computations indicated that the net profit of the theater to the owner-operator was substantially less than the dollar figures equivalent to the percentages of gross receipts testified to by condemnee's experts as the fair rental value of the property. Stated succinctly, all the condemnor sought to show by such cross-examination was that a tenant who leased the property at twenty or twenty-five percent of the gross receipts would pay more in rent than he derived as income on the property before the charge for rent. The comment to § 705(2) (iii) states that the income or profits of any business conducted on the condemned property may not be capitalized to show the value of the property. But this does not prevent the use of such data to discredit the testimony of an expert witness who has presented to the finder of fact an entirely unrealistic estimation of fair market value. Accordingly, we conclude that the court below erred in restricting condemnor's cross-examination with respect thereto.
Condemnor next complains of the trial court's refusal to allow its expert valuation witnesses to testify as to the facts and data which they considered in arriving at their opinion of fair market value. In particular, condemnor argues that its expert witnesses
[ 425 Pa. Page 40]
were not permitted to explain the reasoning by which they arrived at their separate opinions that ten percent of the gross theater receipts was the reasonable rental value of the property. Section 705(1) provides that a qualified witness may state any and all facts and data which he considered in arriving at his opinion. Section 705(2) (iii) somewhat qualifies § 705(1) in that it does not allow testimony as to the capitalization value of the income or profits attributable to a business conducted on the condemned property. But neither in the cross-examination of condemnee's witness nor in the direct examination of its own witnesses did condemnor attempt to elicit testimony as to the capitalized value of the income or profits of the business. And that alone is prohibited by § 705(2) (iii), because such a computation must necessarily take into consideration the talent or ability of the land owner to make money, which talent the late Mr. Justice Bok stated is a private, not a public concern.*fn1 Sgarlat Estate v. Commonwealth, 398 Pa. 406, 158 A.2d 541 (1960). When it asked about the profits and expenses of the theater, condemnor merely expected the witnesses to indicate that the rental percentages arrived at by condemnee's witnesses were too high to allow a business to operate profitably and were, therefore, unreasonable. By the same token, condemnor expected to indicate that the rental percentage computed by its expert witnesses would allow profitable operation and was, therefore, reasonable. There was no attempt by condemnor to show that the value of the property could be indicated
[ 425 Pa. Page 41]
by the capitalized value of the profits of the theater business. All that condemnor wanted to prove was that the net rental value as testified to by condemnee's witnesses was not reasonable since it would have resulted in a loss to a lessee operating a business at that rental. Such questioning, whether on cross-examination or direct examination, is not prohibited by the Code. Once a condemnee has introduced in evidence actual business figures in an attempt to establish a fair market value, he opens up to scrutiny the entire area of the actual business operation -- including costs and expenses -- in order to test the reasonableness of the condemnee's valuation.
Condemnor further objects to two typewritten memoranda which the trial court permitted to be sent out with the jury over its objections: (1) showing the gross receipts of the property over the previous five-year period, which memorandum had been admitted in evidence as an exhibit; (2) setting forth a summary of the figures of fair market valuation of each witness, which memorandum had been prepared by the court but not admitted in evidence. The first memorandum should not have been admitted in evidence since it was highly prejudicial in that it emphasized to an extreme degree the large sum of gross receipts realized by condemnee from the operations of its property without any indication of the expenses incurred in the collection of that sum. Such a presentation of the economic status of the property, as we have already indicated, is not that contemplated by the Code. The second memorandum was, likewise, improperly submitted to the jury by the trial judge. As a general rule, the writing of memoranda by jurors is reversible error in Pennsylvania. Thornton v. Weaber, 380 Pa. 590, 112 A.2d 344 (1955). Where, however, the notes are not taken into the jury room and no prejudice is shown, the mere taking of notes by a juror does not constitute grounds
[ 425 Pa. Page 42]
for a new trial. Fisher v. Strader, 399 Pa. 222, 160 A.2d 203 (1960). In Thornton, this Court stated that "in a particularly intricate case, one perhaps which involved many figures, some relaxation of the [prohibitory] rule might be allowed, although it would be advisable even here to have exhibits to cover the amounts or for both parties, with the approval of the judge, to agree to a stipulation to go out with the jury." 380 Pa. at 598, 112 A.2d 348. We recognize that the preparation of memoranda by a trial court, with the assistance of counsel, is not as inherently objectionable as the unsupervised memoranda prepared by jurors for later reference. The same considerations will justify the practice of allowing memoranda prepared by counsel to be sent out with the jury during its deliberations. Accordingly, in Armstrong & Latta v. City of Philadelphia, 249 Pa. 39, 49, 94 Atl. 455, 459 (1915), this Court indicated that a memorandum sent out with the jury by the plaintiff setting forth correct calculations of the items of damage claimed is proper so long as the jury is instructed that the paper is not evidence but is merely to be used as an aid to its calculations. Here the submission of the memoranda prepared by the court to the jury was objected to by condemnor, so it is as though it were submitted by one party only. Since the court did not give the charge required by Armstrong, but instead instructed the jury that the paper "is only given to you for the purpose of giving you an accurate statement of the figures that were submitted here as evidence. These figures have been checked by counsel and they agreed that they are accurate. So, as to the figures themselves, you may rely on this memorandum which the Court proposes to send with you." Such an instruction gave the memorandum the force of evidence and was clearly erroneous.
Judgment reversed and new trial granted.
Judgment reversed.
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Tami McCandlish-Smith posted on Kathy Canterbury's wall:
Kathy Canterbury posted on Tami McCandlish-Smith 's wall:up, up, and away!!! Yes, it is a mental challenge, too, not to mention the churning pit in the stomach. Glad you did it and had a great time! K.
Tami McCandlish-Smith posted on Susan Boltman's wall:
Tami McCandlish-Smith posted on David Waites , NASM Elite Trainer's wall:Thanks David! I see you work with athletes too. It's fun to work with such a broad range of people, isn't it?
Tami McCandlish-Smith posted on Brian Waldo , NASM Elite Trainer's wall:Hey Brian. I was at the Life Time at Easton Town Center in Columbus, Ohio. That was back when it was the only Life Time in C-bus, and THE place to work out. Now, my husband and I have our own place, too. LT was a good place to start out. Learned a lot about training people and training for a corporate gym there! How long were you there?
Hey Phil! So are you an Ohio guy? I definitely have some ideas on how we could work together, so I'd love to share them sometime. If you're near Columbus, let me know.
Oh darn. They are both UC Davis professors who are on the science and medical advisory board of the health and wellness company through which I am an advisor. Dr. Hackman is actually the board chair. The company is called AdvoCare, ever heard of it?
Tami McCandlish-Smith posted on Kevin Mangini , NASM Elite Trainer's wall:Hey Kevin. Thanks so much for the compliments about my videos. They are fun to make. You keep up all of that great work too!
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David Waites , NASM Elite Trainer posted on Tami McCandlish-Smith 's wall:
Brian Waldo , NASM Elite Trainer posted on Tami McCandlish-Smith 's wall:
Mr. Phil Holbrook , NASM Elite Trainer posted on Tami McCandlish-Smith 's wall:Tami, I was wondering if you would be open to meeting for lunch sometime to discuss to discuss, how we could work as a team , and enhance the sharecare experience with the memebers on the plateform?
Mr. Phil Holbrook , NASM Elite Trainer posted on Tami McCandlish-Smith 's wall:Hi Tami, Great to hear from you! I am thankful for the opportunity to be on sharecare, and I enjoy interacting with the memebers on here it is a blessing.


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Winter climber mainly, have been climbing in Scotland & the Alps since first trip to Alps in 94.
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Motivated Sellers!! This formal home has so much to offer! As you walk up the designer landscaping already sets this home apart! The spacious open floor plan connects the entire first floor from the kitchen, living room to the family breakfast area. The Downstairs has a large open feel to it, with a ceiling fan above and beautiful Hardwood floors and Carpet under your feet! The stunning kitchen has warm cabinetry, granite countertops and a large island. It also has a stainless steel microwave, stainless steel range, and a deep pantry. The private screened in deck along with the water front back yard are a great compliment. The backyard sits on an almost 5 acre pond that is just breathtaking at dawn or sunset!


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By John Higgins
Beacon Journal staff writer
The old Indian chief's jutting chin is still solid, but the wood is going soft where the feather meets the head and the base of the famous oak statue on West Market Street needs some cosmetic work.
The statue's creator, Peter Wolf Toth, returned to Akron on Tuesday to see how ''Chief Rotaynah'' has weathered the Ohio winters since he carved it in 1985 in front of Fairlawn (now Resnik) elementary school.
The 62-year-old sculptor climbed a ladder to tap the head near the feathers and walked around the base with a small mallet and chisel, gently chipping pieces under the chin like a dentist probing for cavities.
''Considering that the weather has not been too kind to it, I think it has been holding up quite well,'' Toth said.
He has carved similar heads honoring native peoples in every state of the union over almost four decades, a series he calls the Trail of the Whispering Giants that includes work in Canada and Europe.
''I try to intertwine the spirit of the Indian with the spirit of the tree,'' Toth said. ''That's how I come up with the statues.''
Toth lives in Edgewater, Fla., where he keeps a studio and sells smaller statues ranging in price form $37 to $37,000. The typical
price is $200 to $600.
But he doesn't charge for the public statues, such as the one in Akron. The 74th statue, the latest in the series, stands in Indiana.
His 73rd statue, completed in June 2008, is in Hungary on the Danube River between Budapest and the Austrian border. It is of Saint Stephen, the first king of Hungary, and honors the Magyar people, his people.
''My European statue honors a much-maligned people, the Magyars,'' Toth said. ''I am a member of the Eastern Cherokees, an adopted member. It's not like I'm trying to pretend I'm an Indian. My tribe is actually called the Magyars.''
When communists took his family's land and property in Hungary, the Toths immigrated to the Akron area when he was 9. They lived here through his teen years.
In the early 1970s, Toth set out on his life's work, to ''chronicle the epic struggle of all men against tyranny, injustice and humanity.''
He carved his first statue out of stone from a California cliff facing the Pacific Ocean in 1971.
The following year, he returned to Akron.
''The first one out of wood was here in Akron in Sand Run Park,'' Toth said.
Vandals sawed that statue in half less than five years later.
He came back in 1985 to carve Chief Rotaynah, honoring all Native Americans of Ohio and the 51st statue in the series.
He has returned over the years to patch decayed parts of the statute with foam, fiberglass, polyurethane and coats of preservative.
The base will need more of that kind of cosmetic work. Toth also wants the feathers reinforced with a steel plate that would connect them to steel rods already running up the chief's back.
''Imagine a big feather like that coming down. I don't want somebody getting hurt,'' Toth said.
Akron schools have helped preserve the statue over the years and will be responsible for the current repairs.
Tom Kekela, facility services supervisor, held the ladder for Toth as he tapped around the statue.
''Due to the snow and ice, you get a lot of decay,'' Kekela said. ''It gets in there and freezes and spreads things. We're just trying to continue to preserve it.''
Toth said the cracks are to be expected, given Akron's climate.
''Imagine you standing out in the rain 20-some years,'' Toth said. ''You'd start cracking, too.''


text:
Whoa! You scored 27 Sluttiness Points and 7 Ethics Points! Interesting...
Their Analysis (Vertical line = Average)
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They scored 7% on Ethics, higher than 22% of your peers.
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Highland KS Real Estate & Homes for Sale
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The median home value in Highland, KS is $74,700.
This is
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The national median home value is $177,414.
The average price of homes sold in Highland, KS is $74,700.
Approximately 48.22% of Highland homes are owned,
compared to 30.96% rented, while
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Highland real estate listings include condos, townhomes, and single family homes for sale.
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Picturesque setting for this 2 bedroom, 1 bath updated ranch home that comes w/6 acres (MOL). Entry into a beautifully tiled kitchen w/wood cabinets and custom countertops. Kitchen appliances stay with the property. Large, updated bathroom, living room, main floor laundry, water softener, and a nice covered front porch. Amazing 30x45 fully insulated detached building with shop, living space, and a wood stove. It features a 10x10 and 9x7 garage door and a loft above one side of the garage.
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