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Hungary and the Victor Powers, 1945-1950
Written by Na Na
Illustrated by
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Hungary and the Victor Powers, 1945-1950 by Na Na
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352 pages
Na Na
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Publication date
15th June 1996
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|By PR Newswire
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|April 9, 2014 11:37 AM EDT
DUBLIN, April 9, 2014 /PRNewswire/ --
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subset: commoncrawl


text:
Excellent breakdown and examples. To me this is the most natural way of speed picking, but it's not very flexible for improvised stuff.
Man... This is so Yngwie all the way. Excellent job!
Great lesson, Ben! ;-)
Wow....truly awesome!
I notice from your collection of yngwie lessons, he seems to have a big influence on you!
So awesome Ben
Excellent! I love Yngwie. I can hear "Fire&Ice" tone in this lesson


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Desert Bike Extreme
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It is a challenge again for the biker to travel through the desert. There are different road and clip along the desert.use your driving skill to drive all the way to the end. Perform best trick ever on the highest point of the biker jump and withoutfalling on the landing.
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use arrow to place and press space to do trick
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August 29, 2012
MOHAMMAD AKMAN, PLAINTIFF,v.PEP BOYS MANNY MOE & JACK OF DELAWARE, INC., D/B/A PEP BOYS AUTO, DEFENDANTS.
Plaintiff Mohammad Akman filed the above-captioned action on July 5, 2011, alleging violations of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. On June 18, 2012, Defendant Pep Boys Manny Moe & Jack of Delaware Inc. filed a motion to dismiss the Complaint for failure to prosecute. (Docket No. 19.) Specifically, Defendants moved to dismiss the Complaint due to Plaintiff's discovery deficiencies and multiple violations of Court orders. Id. On June 19, 2012, Magistrate Judge Mann issued an Order to Show Cause, directing Plaintiff to show cause, in person, on June 22, 2012, why the complaint should not be dismissed for lack of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and for repeated violations of discovery orders pursuant to Rule 37(b)(2)(A)(v) of the Federal Rules of Civil Procedure, and why additional monetary sanctions should not be imposed pursuant to Rule 37(b)(2)(C) of the Federal Rules of Civil Procedure and the Court's inherent authority. Plaintiff's counsel appeared on June 22, 2012, and Magistrate Judge Mann noted that Plaintiff's counsel "makes excuses for again violating a court order (the 6/14/12 Minute Entry) but has no explanation for having failed to apply to the Court for additional time." (Docket No. 21, Jun. 22, 2012 Minute Entry.) Defendant renewed its motion to dismiss the case, and Magistrate Judge Mann took the matter under advisement. On August 10, 2012, Magistrate Judge Mann filed a Report & Recommendation ("R&R"), recommending that Defendant's motion to dismiss be denied. No objections were filed.
This Court has reviewed the unopposed R&R, and, finding no clear error, the Court adopts Magistrate Judge Mann's R&R pursuant to 28 U.S.C. § 636(b)(1). Accordingly, Defendant's motion to dismiss is denied.
MKB MARGO K. BRODIE United States District Judge
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decided: December 17, 1981.
HOWARD LEWIS RUTTER, A MINOR, BY HIS PARENTS AND NATURAL GUARDIANS, BILLY DEAN RUTTER AND LUCY RUTTER AND BILLY DEAN RUTTER AND LUCY RUTTER, IN THEIR OWN RIGHT, APPELLANTS,v.THE NORTHEASTERN BEAVER COUNTY SCHOOL DISTRICT, GREGG ZIMMERMAN AND JOHN NORTH, AND THOMAS W. GEORGE, JR., APPELLEES
No. 81-1-21, Appeal from the Order of the Superior Court entered December 19, 1980, at No. 1124 April Term, 1978, affirming the Order of the Court of Common Pleas of Beaver County, Civil Action-Law No. 1042 of 1972.
W. Arch Irvin, Jr. and R. E. Wayman, Irvin & McAuley, Pittsburgh, for appellants.
Richard J. Mills and Eric N. Anderson, Pittsburgh, for Thomas W. George, Jr. and John North.
Nick A. Frisk and Thomas Minett, Ellwood City, for Northeastern Beaver County School Dist.
Oran W. Panner, Beaver, for Gregg Zimmerman.
O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ. O'Brien, J., concurs in the result. Roberts, J., files a dissenting opinion in which Wilkinson, J., joins. Nix, J., files a dissenting opinion in which Wilkinson, J., joins.
[ 496 Pa. Page 594]
On July 13, 1970, Howard Rutter, a boy of sixteen, was injured while participating in a Riverside High School summer football practice. The practice was supervised and conducted by two football coaches, appellees John North and
[ 496 Pa. Page 595]
Thomas W. George, Jr. At the time of the injury, the team, without wearing protective equipment, was engaged in a game of "jungle football." Rutter was injured when a player on the opposing side, appellee Zimmerman, struck him in the right eye with an outstretched hand, causing blindness due to a detached retina.
Rutter and his parents then filed suit against the Northeastern Beaver County School District, Riverside High School coaches Thomas W. George, Jr. and John North, and the opposing player, Gregg Zimmerman. The case went to trial and at the close of appellant's case, appellees moved for and were granted a compulsory non-suit. A motion to strike the non-suit was denied by the trial court en banc, and the decision was appealed to the Superior Court, 283 Pa. Super. 155, 423 A.2d 1035, who affirmed the denial, Spaeth, J., dissenting. We granted allocatur and reverse.
Appellant argues that (1) it was error for the court to enter a compulsory non-suit; (2) the lower court erred in refusing to admit expert testimony; and (3) the lower court erred in holding, as a matter of law, that appellant voluntarily assumed the risk of all injuries incurred in playing jungle football.
The standard for reviewing the validity of a compulsory non-suit is as follows:
[ 496 Pa. Page 596]
McKenzie v. Cost Brothers, 487 Pa. 303, 307, 409 A.2d 362, 364 (1979). In other words, "[a] non-suit should be entered only in a clear case, and, on appeal from the refusal to take off a compulsory non-suit, the plaintiff must be given the benefit of all favorable testimony and every reasonable Page 596} inference of fact arising therefrom and all conflicts therein must be resolved in favor of plaintiff." (Emphasis supplied.) Cushey v. Plunkard, 413 Pa. 116, 117, 196 A.2d 295, 296 (1964).
The facts and testimony of record read in the light most favorable to the appellant reveal that appellant, at the time of the injury, was sixteen years old and was engaged in a pre-season football training and practice activity sponsored by Riverside High School. This practice, conducted under the supervision of the school's football coaches, proceeded without the use of protective equipment in spite of the fact that certain aspects of the practice involved rough body contact. Appellant had played football on the school team during the prior two years and had been a starting member of the team. He had also played "jungle football" during previous football practice sessions and was generally familiar with the game. Appellant and other members of the team attended a preseason football meeting during which the football coach informed them of the existence of the pre-season practice sessions and caused them to believe that if they did not attend the pre-season practice and training sessions, they would be unlikely to make the team. The practice sessions included various physical activities, such as weight lifting, running, hitting the blocking sled, and jungle football. Team members were expected to participate in all aspects of the practice sessions. On the day of the injury, the coach directed the team to begin a game of jungle football after other aspects of that day's practice had been concluded. Play in the jungle football exercise was rough, involving body blocks, tackling, and the participants played hard, hoping to impress the coaches. The coaches themselves played in the jungle football game, and during the game, therefore, were not in a position to supervise the play. Appellant testified that he did not anticipate the loss of an eye as an injury he was likely to suffer while playing football.
The game of jungle football as played by the Riverside football team was a variant on two-handed touch football in
[ 496 Pa. Page 597]
which any number of players was able to participate. Each team had four downs in which to score, and play began at a line of scrimmage. After the ball was snapped, the ball carriers or receivers could throw any number of forward, lateral or backward passes without regard to the thrower's position on the field, either in front of or behind the line of scrimmage. Because of the unlimited passing of the ball, the game was fast-paced. Play was stopped when the ball carrier was tagged with two hands, or tackled, or when a pass fell incomplete.
The lower court held that appellant assumed the risk of the injury which he suffered; that appellant failed to make out a case of negligence; and that appellant's expert should not be permitted to testify. We first address the issue of expert testimony.
Appellant attempted to introduce the expert testimony of Frank Cipriani, a former coach, to establish that the coaches of the Riverside football team were not conducting summer football practice sessions in conformity with the safety standards maintained at other Pennsylvania high schools, and that the practice sessions were in violation of the rules promulgated by the Western Pennsylvania Interscholastic Athletic League (W.P.I.A.L.).*fn1 The Pennsylvania
[ 496 Pa. Page 598]
standard of qualification for an expert witness is a liberal one. "If a witness has any reasonable pretension to specialized knowledge on the subject under investigation he may testify, and the weight to be given to his evidence is for the jury." Kuisis v. Baldwin-Lima-Hamilton Corp., 457 Pa. 321, 338, 319 A.2d 914, 924 (1974). Coach Cipriani is a former football coach who has knowledge of the W.P.I.A.L. rules and the customary safety practices and procedures appropriate to high school football. As a former coach, Cipriani has specialized knowledge of the subject matter in question. His testimony is admissible provided that the ultimate determination of whether defendant's conduct was negligent is left to the jury and that the subject matter is not within the common knowledge of laymen. Densler v. Metropolitan Edison Co., 235 Pa. Super. 585, 593, 345 A.2d 758 (1975). In Reardon v. Meehan, 424 Pa. 460, 227 A.2d 667 (1967) we held that a qualified expert may be permitted to assert a relevant fact not generally known, but known to him because of his special training and experience. It seems clear that an experienced former football coach may have knowledge of the customs and safety standards utilized by coaches of high school football teams and of the rules imposed by the W.P.I.A.L. to insure minimum safety, which knowledge is not within the common knowledge of the average juror. This knowledge is relevant to the central question of negligence. The trial court, therefore, was in error in refusing to admit the testimony of Coach Cipriani.
[ 496 Pa. Page 599]
On the question of negligence, the trial court concluded that "no amount of supervision, instruction or equipment could have prevented" the injury, and for this reason, the negligence, if there was any, was not the proximate cause of the accident. The evidence, according to the trial court, "was not sufficient to permit the jury to consider the question of negligence." Remembering that in considering the validity of a compulsory non-suit, " the plaintiff must be given the benefit of all favorable testimony and every Page 599} reasonable inference of fact arising therefrom and [that] all conflicts therein must be resolved in favor of the plaintiff," Cushey v. Plunkard, supra, the trial court's determination that there was no question of negligence for the jury was patent error. As Judge Spaeth remarks in his dissent, both the majority of the Superior Court and the Court of Common Pleas sitting en banc, ignored the testimony favorable to the appellant and, instead, viewed the evidence in the light most favorable to the appellee, thus reversing the very standard of review under which they were supposed to be operating.
The Superior Court, for example, concluded that jungle football is no more dangerous than other forms of football and that the coaches were not negligent in their supervision of the game. Taking the evidence in the light most favorable to appellant, a "touch" football game in which tackling and body blocking occurs, which is initiated and supervised by the football coaches, in which no equipment is used, and which is played by team members attempting to impress coaches who are themselves engaged in the game, may be said at least to present a jury question as to the dangerousness of the game and the negligence of the coaches.
A further example of viewing the evidence in the light most favorable to appellees instead of to appellants, this time from the en banc opinion of the Court of Common Pleas, is the court's conclusion that protective equipment would not have prevented the injury and that the lack of supervision, if any, was not the proximate cause of the injury. Once again, taking evidence in the light most favorable to the appellant, a "touch" football game in which body blocking and tackling occurs, in which the coaches themselves participate instead of monitoring, may be said at least to present a jury question as to the negligence of the coaches in not providing protective equipment and in not monitoring the play. The lower courts were, therefore, in error in concluding that appellant had not made out a case of negligence sufficient to go to the jury.
[ 496 Pa. Page 600]
With regard to the assumption of risk issue, the trial court ruled that appellant, as a matter of law, was precluded from maintaining the action because he assumed the risk of the injury which he received. The doctrine of assumption of risk, as cited by the trial court, is articulated in the Restatement of Torts 2d at § 496 A: "A plaintiff who assumes a risk of harm arising from the negligent or reckless conduct of the defendant cannot recover for such harm." (Hereafter the Restatement of Torts 2d shall be cited merely as Restatement.) This statement of law, so far as it goes, is correct, but for the reasons that follow, we hold that the trial court erred in barring the appellant's action on the assumption of risk theory.
As indicated in Part II infra, the Restatement categorizes assumption of risk into four discrete types. § 496 A, comment c, 1-4. Type 2, which could be applicable to this case,*fn2 is described as follows:
2. [P]laintiff has entered voluntarily into some relation with the defendant which he knows to involve the risk, and so is regarded as tacitly or impliedly agreeing to relieve the defendant of responsibility, and to take his own chances.
Thus, appellant allegedly assumed the risk by voluntarily entering into the player-team relationship. The relief from responsibility granted a defendant under this section arises by operation of law and is a legal consequence of the relationship.
The Restatement authors give § 496 C as a further reference concerning this type of assumption of risk. Most importantly, section 496 C, comment "a" indicates that knowledge and voluntariness are elements of an implied assumption of risk, and that these elements are discussed at sections 496 D and E, respectively. The policy behind implied assumption of risk, indicated at § 496 C, comment "b", is that "the law refuses to permit one who manifests willingness that another shall continue in a course of conduct to
[ 496 Pa. Page 601]
complain of it later if he is hurt as a result of it." The problems of knowledge and voluntariness will be discussed presently, but first we consider the import of this policy statement.
An initial question, in light of this policy, is whether there was in fact a manifestation in this case of a willingness that appellee should continue in its course of conduct. Comment "h" of section 496 C deals with this problem:
h. Manifestation of acceptance. The basis of assumption of risk is consent to accept the risk. In order for assumption of risk to be implied from the defendant's conduct, it must be such as fairly to indicate that the plaintiff is willing to take his chances. Implied consent is consent which exists in fact, but is manifested by conduct rather than by words. It is not every voluntary encountering of a known and understood danger which is reasonably to be interpreted even as evidence of actual consent. A plaintiff, for example, who dashes into the street in the middle of the block, in the path of a stream of cars driven in excess of the speed limit, certainly does not manifest consent that they shall be relieved of the obligation of care for his safety. This is merely contributory negligence, and not assumption of risk.
Since the interpretation of conduct is seldom so clearly indicated that reasonable men could not differ as to the conclusion, it is ordinarily a question for the jury whether what the plaintiff has done is a manifestation of willingness to accept the risk.
(Emphasis supplied.)
In the present case, appellant does not admit that he accepted or even knew of the risk. Since the question of whether appellant's behavior manifested acceptance of risk is precisely the kind of question on which reasonable men can disagree, the question should have been presented to the jury.
Even if it could be said that appellant's behavior manifested an assent to take the risk, however, there are questions as to the appellant's comprehension of danger and voluntariness
[ 496 Pa. Page 602]
of action. Accordingly, we turn to Restatement §§ 496 D and E on the questions of comprehension and voluntariness.
Section 496 D and pertinent comments, concerning knowledge and appreciation of risk, provide:
§ 496 D. Knowledge and Appreciation of Risk except where he expressly so agrees, a plaintiff does not assume a risk of harm arising from the defendant's conduct unless he then knows of the existence of the risk and appreciates its unreasonable character.
b. The basis of assumption of risk is the plaintiff's consent to accept the risk and look out for himself. Therefore he will not be found, in the absence of an express agreement which is clearly so to be construed, to assume any risk unless he has knowledge of its existence. This means that he must not only be aware of the facts which create the danger, but must also appreciate the danger itself and the nature, character, and extent which make it unreasonable. Thus the condition of premises upon which he enters may be quite apparent to him, but the danger arising from the condition may be neither known nor apparent, or, if known or apparent at all, it may appear to him to be so slight as to be negligible. In such a case the plaintiff does not assume the risk. His failure to exercise due care either to discover or to understand the danger is not properly a matter of assumption of risk, but of the defense of contributory negligence.
c. The standard to be applied is a subjective one, of what the particular plaintiff in fact sees, knows, understands and appreciates. In this it differs from the objective standard which is applied to contributory negligence. (See §§ 464, 289 and 290.) If by reason of age, or lack of information, experience, intelligence, or judgment, the plaintiff does not understand the risk involved in a known situation; he will not be taken to assume the risk, although it may still be found that his conduct is contributory
[ 496 Pa. Page 603]
negligence because it does not conform to the community standard of the reasonable man.
e. Whether the plaintiff knows of the existence of the risk, or whether he understands and appreciates its magnitude and its unreasonable character, is a question of fact, usually to be determined by the jury under proper instructions from the court. The court may itself determine the issue only where reasonable men could not differ as to the conclusion.
It is axiomatic that appellant cannot be found to have implicitly assumed a risk of which he had no knowledge. Comment "b" states that the whole concept of implied assumption is based on the actor's consent to accept the risk and look out for himself, which necessarily entails, according to comment "b", that the actor understand the "nature, character, and extent of the danger in addition to the facts which create the danger (comment "b"). The standard of knowledge applied under this section is subjective, which means that the trier of fact, in determining what knowledge appellant had, may consider his age, lack of information, experience, intelligence or judgment (comment "c"). We are concerned with what appellant actually knew, and not what the reasonable man should have known. As comment "e" indicates, "the court may itself determine the issue only where reasonable men could not differ as to the conclusion."
In this case, appellant's testimony was: "I never imagined that I would lose my eye." Viewing the testimony in the light most favorable to appellant, he did not knowingly encounter the danger. Since appellant's knowledge is assessed on a subjective basis, and since appellant was a young person of limited experience, it was improper for the court to grant a compulsory non-suit as a matter of law based on appellant's supposed assumption of risk.
Barring the action on an assumption of risk theory was error also because there is a question as to whether appellant's
[ 496 Pa. Page 604]
action was voluntary. Restatement § 496 E and pertinent comments concerning voluntariness, provide:
(1) A plaintiff does not assume a risk of harm unless he voluntarily accepts the risk.
(2) The plaintiff's acceptance of a risk is not voluntary if the defendant's tortious conduct has left him no reasonable alternative course of conduct in order to . . .
(b) exercise or protect a right or privilege of which the defendant has no right to deprive him.
c. The plaintiff's acceptance of the risk is not to be regarded as voluntary where the defendant's tortious conduct has forced upon him a choice of courses of conduct, which leaves him no reasonable alternative to taking his chances. A defendant who, by his own wrong, has compelled the plaintiff to choose between two evils cannot be permitted to say that the plaintiff is barred from recovery because he has made the choice. Therefore, where the defendant is under a duty to the plaintiff, and his breach of duty compels the plaintiff to encounter the particular risk in order to avert other harm to himself, his acceptance of the risk is not voluntary, and he is not barred from recovery. The same is true where the plaintiff is forced to make such a choice in order to avert harm to a third person. It is true likewise where the plaintiff is compelled to accept the risk in order to exercise or protect a right or privilege, of which the defendant has no privilege to deprive him. The existence of an alternative course of conduct which would avert the harm, or protect the right or privilege, does not make the plaintiff's choice voluntary, if the alternative is one which he cannot reasonably be required to accept.
The voluntariness of the assumption of risk remains at issue in this case because appellant may have been wrongfully forced to choose between two evils. Voluntariness cannot be implied merely from the fact of a relationship.
[ 496 Pa. Page 605]
That appellant volunteered to play football is not dispositive of whether he volunteered to play jungle football. For the sake of deciding whether appellant is barred on an assumption of risk theory pursuant to § 496 E(2)(b), and viewing the evidence in the light most favorable to appellant, we may assume that appellee's conduct was in fact tortious. We may also assume that the appellant, in trying out for the football team, was exercising a right or privilege connected with his enrollment at Riverside High School, and that appellees had no right to deprive him of this right or privilege. The question, therefore, is whether appellant "voluntarily" assumed the risk.
Reviewing the evidence in the light most favorable to appellant, we conclude that the football coach announced prior to the summer vacation that there would be pre-season football conditioning practice and implied that those boys not participating would not be likely to make the team; jungle football was a part of the conditioning practice drills and participation was expected in all aspects of the practice including jungle football. There is at least a question for the jury, then, as to whether appellant was compelled to accept the risk of playing jungle football in order to exercise or protect his right or privilege to play football (§ 496 E, comment "c"). If he was so compelled, the acceptance of the risk was not voluntary, and thus he was not subject to the bar of the rule. Similarly, there is at least a question for the jury as to whether appellant had a reasonable alternative course of action (§ 496 E, comment "c"). The court, therefore, was in error in granting a compulsory non-suit since there was a jury question as to whether the assumption of risk, if any, was voluntary, and if it was not, whether there was a reasonable alternative course open to appellant.
For these reasons, we hold that the lower court erred in the following respects: in denying appellant's expert an opportunity to testify; in deciding that appellant had not made out a sufficient case of negligence to go to the jury; and in granting a compulsory non-suit against appellant
[ 496 Pa. Page 606]
because he had not made out a sufficient case of negligence to go to the jury and because he was barred from recovery by application of the assumption of risk doctrine. Because the assumption of risk doctrine presents serious problems of application and analysis, as evidenced by this case, we deem it appropriate to explore further the origins of the doctrine and the question of whether it should continue to be used in the Commonwealth.
The assumption of risk doctrine is a late development in the common law, having achieved a certain notoriety because it came to be associated with master-servant cases. It was used in these cases as a device to prevent workmen from recovering against their employers for injuries received during employment. See Prosser, The Handbook of Torts § 67 (3d Ed. 1964) (Hereafter Prosser); Bohlen, "Voluntary Assumption of Risk," 20 Harv.L.Rev. 14 (1906) (Hereafter Bohlen). As the United States Supreme Court remarked in Tiller v. Atlantic Coast Line R. Co. :
Assumption of risk is a judicially created rule which was developed in response to the general impulse of common law courts at the beginning of this period [the industrial revolution] to insulate the employer as much as possible from bearing the "human overhead" which is an inevitable part of the cost -- to someone -- of the doing of industrialized business. The general purpose behind this development in the common law seems to have been to give maximum freedom to expanding industry.
318 U.S. 54 at 58-59, 63 S.Ct. 444 at 446-47, 87 L.Ed. 610 (1943). Although the doctrine gained widespread legal acceptance in the master-servant cases, it has never been restricted to such cases. Rather, the doctrine applies to many different settings apart from an employment context and reflects the individualism of the common law:
The maxim volenti non fit injuria is a terse expression of the individualistic tendency of the common law, which proceeding from the people and asserting their liberties,
[ 496 Pa. Page 607]
naturally regards the freedom of individual action as the keystone of the whole structure. Each individual is left free to work out his own destinies; he must not be interfered with from without, but in the absence of such interference he is held competent to protect himself. While therefore protecting him from external violence, from imposition and from coercion, the common law does not assume to protect him from the effects of his own personality and from the consequences of his voluntary actions or of his careless misconduct.
The doctrine of the so-called voluntary assumption of known risks is but one of the expressions of this fundamental idea; other exhibitions of it, differing only with the conditions to which the conception is applied, are the defenses of consent and of contributory negligence. None of these is identical with any other, none is derived from the other; all are derivatives from a common source.
In the law of torts, at least, the idea of any obligation to protect others was abnormal.
Bohlens, supra at 14. There is a serious question as to whether the doctrine of assumption of risk, which has had its origins in a now somewhat disfavored legal philosophy and which has presented problems of application of a type well illustrated by this case, should be permitted longer to survive. For reasons apparent in the following discussion we think it should not.
The complexity of the doctrine and its consequent difficulty of application are well illustrated in the Restatement's analysis of the four discrete meanings of the term given at § 496 A, comment c, 1-4:
1. In its simplest form, assumption of risk means that the plaintiff has given his express consent to relieve the defendant of an obligation to exercise care for his protection, and agrees to take his chances as to injury from a known or possible risk. The result is that the defendant, who would otherwise be under a duty to exercise such care, is relieved of that responsibility, and is no longer under any duty to protect the plaintiff. As to such express assumption of risk, see § 496 B.
[ 496 Pa. Page 6082]
. A second, and closely related, meaning is that the plaintiff has entered voluntarily into some relation with the defendant which he knows to involve the risk, and so is regarded as tacitly or impliedly agreeing to relieve the defendant of responsibility, and to take his own chances. Thus a spectator entering a baseball park may be regarded as consenting that the players may proceed with the game without taking precautions to protect him from being hit by the ball. Again the legal result is that the defendant is relieved of his duty to the plaintiff. As to such implied assumption of risk, see § 496 C.
3. In a third type of situation the plaintiff, aware of a risk created by the negligence of the defendant, proceeds or continues voluntarily to encounter it. For example, an independent contractor who finds that he has been furnished by his employer with a machine which is in dangerous condition, and that the employer, after notice, has failed to repair it or to substitute another, may continue to work with the machine. He may not be negligent in doing so, since his decision may be an entirely reasonable one, because the risk is relatively slight in comparison with the utility of his own conduct; and he may even act with unusual caution because he is aware of the danger. The same policy of the common law which denies recovery to one who expressly consents to accept a risk will, however, prevent his recovery in such a case. As to such implied assumption of risk, see § 496 C. As to the necessity that the plaintiff's conduct be voluntary, see § 496 E.
4. To be distinguished from these three situations is the fourth, in which the plaintiff's conduct in voluntarily encountering a known risk is itself unreasonable, and amounts to contributory negligence. There is thus negligence on the part of both plaintiff and defendant; and the plaintiff is barred from recovery, not only by his implied consent to accept the risk, but also by the policy of the law which refuses to allow him to impose upon the defendant a loss for which his own negligence was in part responsible. (See § 467.)
[ 496 Pa. Page 609]
At least two major problems arise when the doctrine is applied to this case. First, although it would seem that the "assumption of risk," if there is one, would arise under type 2 because of an apparently voluntary relation between appellant and the school district, coaches and other players which is fraught with known risks. However, the case might fit under type 3 as well. It might be said that appellant voluntarily proceeded to encounter a known danger created by the appellee's negligence. The confusion that results from this dual classification is that once the case is identified as belonging to type 2, there is a tendency not to question the voluntariness of the relationship, absent evidence of overt coercion, because the type 2 relationship itself is said to give rise to the assumption of risk.*fn3 On the surface, voluntariness seems to be assumed. Accordingly, once the case is categorized as a type 2 case, the analysis of voluntariness seems to be that if appellant voluntarily played football (i. e., if he voluntarily entered into a relationship with the school district), he voluntarily assumed the risk of injury due to playing football.
To show the fallacy of this view it is necessary to discuss a second major problem related to the practical application of the assumption of risk doctrine: the proper definition of
[ 496 Pa. Page 610]
"risk". What risk can appellant be said to have voluntarily assumed? One possibility is that he assumed the risk of all injuries related to training for and playing football. A second possibility is that he assumed the risk of all injuries related to training for and playing football while under the direction of coaches who furnished watchful supervision and protective equipment when needed.
It is apparent that when the risk is defined more narrowly, as we think it should be, the analysis of voluntariness changes. In order to voluntarily engage in any activity, one must know what the activity is and then decide, as a matter of choice, to participate. Appellant was familiar with varsity football and he voluntarily participated in it, but it does not follow that he voluntarily participated in jungle football if such participation was required to make the varsity team. The fact that appellant voluntarily tried to make the football team, therefore, has nothing to do with whether he voluntarily played jungle football. Another way to put this is that the voluntariness of appellant's act must be proximately related to the danger (or the risk) which caused the injury. Otherwise, the question of voluntariness, which is said to be at "the basis" of assumption of risk, Restatement § 496 E, comment a, would be avoided, for the only relevant voluntariness is voluntariness related to the risk. In this case, appellant's voluntary act was that he associated himself with an athletic program which was presumed to be competently and safely administered. It is at least a jury question whether appellant's voluntary association extended to the jungle football activity. And that question must be answered, for it was during the jungle football game that the injury occurred.
A similar problem arose in Green v. Sanitary Scale Co., 431 F.2d 371 (3d Cir. 1970), where a sixteen year old boy, employed by a grocery to wrap and package meat, was injured when his hand was caught in the worm gear of a meat grinder. He had been directed to grind a piece of meat in the machine and had pushed the meat into the grinder with his hand because, according to his testimony,
[ 496 Pa. Page 611]
the metal stomper was often not effective in pushing the meat into the worm gear. He had not been given instruction in the use of this machine and had not used it more than a few times during the course of his two-year employment. His testimony was that when he first tried to extract his hand from the funnel of the meat grinder, his hand was above the worm gear itself, but that he could not extract his hand and it was pulled into the worm gear as the meat went down.
The district court refused to give an instruction on assumption of risk and the case went to the jury on a contributory negligence defense. The jury awarded a verdict for the plaintiff and the defendant argued on appeal that the trial court's refusal to instruct on assumption of risk was error. The United States Court of Appeals for the Third Circuit reversed and awarded a new trial, holding that an instruction on assumption of risk should have been given. Judge Staley, in a strong dissent, argued that the trial court was not in error and that the majority's statement of the nature of the risk assumed did not comport with the proof. Citing the Restatement 2d § 496D, Judge Staley noted that: "[A] plaintiff does not assume a risk of harm arising from the defendant's conduct unless he knows of the existence of the risk and appreciates its unreasonable character." He then stated that the majority's definition of the risk assumed in this case as the danger that if one places one's hand in the worm gear, it will be injured. Judge Staley would have defined the risk as the danger that if one places one's hand in the funnel of the meat grinder, the hand will be drawn into the worm gear by the meat. He formulated the definition of risk this way because of plaintiff's testimony that while he was aware of the danger of putting his hand into the worm gear, he was unaware of the danger that the meat, once inserted into the machine, would catch his hand and draw it into the worm gear.
The Green case illustrates that the problem of defining risk is recurrent and that the way risk is defined affects the analysis of plaintiff's knowledge as well as the voluntariness
[ 496 Pa. Page 612]
of his assuming the risk. Together, the present case and the Green case illustrate the difficulty courts have had in applying the doctrine to the cases before them. It seems probable in the present case that the lower courts did not recognize the importance and applicability of questions of voluntariness and knowledge, in part, because they did not properly define the risk. This may also have led to the erroneous exclusion of expert testimony, for once it is seen that the negligence of the coaches is related to the risk said to have been assumed, the relevance of the expert's testimony is clear.
As one commentator has pointed out, the complexity of the doctrine may not be worth the difficulty it causes, for assumption of risk is duplicative of the more widely understood concepts of scope of duty and contributory negligence 2 Harper and James, The Law of Torts, § 21.8 at 1191 (1965). Justice Frankfurter, concurring in Tiller v. Atlantic Coast Line Railroad Co., supra, wrote:
Because of its ambiguity the phrase "assumption of risk" is a hazardous legal tool. As a means of instructing a jury, it is bound to create confusion. It should therefore be discarded.
Supra at 72, 63 S.Ct. at 454-55. A similar idea was expressed by the Supreme Court of New Jersey, commenting on the ambiguity of the meanings of "assumption of risk":
In Meistrich v. Casino Arena [31 N.J. 44, 155 A.2d 90] . . . we pointed out that assumption of the risk was theretofore used in two incongruous senses: in one sense it meant the defendant was not negligent, while in its other sense it meant the plaintiff was contributorily negligent. We said that in truth there are but two issues -- negligence and contributory negligence -- both to be resolved by the standard of the reasonably prudent man, and that it was erroneous to suggest to the jury that assumption of the risk was still another issue.
It was our hope that after Meistrich the bench and bar would focus upon the true issues, but unhappily some cling to the terminology of assumption of risk and continue to
[ 496 Pa. Page 613]
be misled by it even while purporting to think of it as merely a convertible equivalent of negligence or contributory negligence.
McGrath v. American Cyanamid Co., 41 N.J. 272, 196 A.2d 238, 239-240 (N.J. 1963). (Emphasis supplied.) We agree that the difficulties of using the term "assumption of risk" outweigh the benefits. The issues should be limited to negligence and contributory negligence. Those are the problems in the case at bar and in all cases brought on a negligence theory. There is no need to introduce further complications. The policy reasons which once existed to preserve the doctrine because of its use in the master-servant cases no longer exist.*fn4 Furthermore, as is indicated in the Pennsylvania Suggested Standard Jury Instructions, "cases which have evoked the doctrine to deny plaintiff's recovery would have produced the same result either by (1) the court's determination that, as a matter of law, defendant owed plaintiff no duty, or, by (2) the jury's determination that plaintiff's own negligent conduct was a substantial factor in bringing about the harm he suffered." § 3.04 (1981).
For the reasons set out herein, we hold that except where specifically preserved by statute; or in cases of express assumption of risk, or cases brought under 402 A, (a strict liability theory), the doctrine of assumption of risk is abolished.*fn5 The order of the Superior Court is reversed, the
[ 496 Pa. Page 614]
motion to remove the compulsory non-suit is granted, and the case is remanded to the Court of Common Pleas of Beaver County for proceedings not inconsistent with this Opinion.*fn6
As to type 4, we are of the opinion that its continued viability in Pennsylvania is incompatible with the legislative policy of recovery based on fault that is reflected in the comparative negligence statute.
Types 2 and 3 concern implied voluntary assumptions of a known risk. The implication that a risk has been assumed arises in type 2 by operation of law as a consequence of the relation entered into between plaintiff and defendant. The legal consequence of such a relationship, e. g., when a patron pays to attend a baseball game, is that the defendant is relieved of duty as to the plaintiff. In type 3, the implication of voluntary assumption arises when the plaintiff, aware of a risk created by the negligence of defendant, voluntarily proceeds or continues to encounter it.
As is indicated in § 496 C, comment g, the implicit decision to assume the risk can be either reasonable or unreasonable. Since the Pennsylvania comparative negligence statute is designed to apportion liability on the basis of fault, not to bar plaintiff's recovery if it can be shown that he had any degree of fault at all, the absolute bar to plaintiff's recovery effected by the application of types 2 and 3, without regard to the reasonableness of plaintiff's action, tends to frustrate the purpose of the comparative negligence statute. Assumption of risk, types 2, 3 and 4, therefore, which act as a complete bar to recovery, regardless of the reasonableness of plaintiff's behavior, are incompatible with our comparative negligence statute and should be abolished for this reason as well as for the other reasons given.
[ 496 Pa. Page 616]
ROBERTS, Justice, dissenting.
I dissent.
A review of the record demonstrates that appellant has failed to sustain his burden on the issue of proximate cause. Even assuming that appellees breached some duty, appellant has presented no evidence from which a jury could reasonably conclude that any alleged breach of duty by appellee was responsible for appellant's injury. As this Court has stated,
"[I]t remains a principle so fundamental as to require no authority that the mere existence of negligence and the occurrence of injury are insufficient to impose liability upon anyone. There remains to be proved the vitally important link of causation. And plaintiff has the burden of proving this link, that the defendant's negligence was the proximate cause of her injury; or of proving evidence from which a reasonable inference arises that the defendant's negligence was the proximate cause of the injury."
[ 496 Pa. Page 617]
contributory negligence may overlap in some areas, they are two separate and distinct defenses. Assumption of the risk is based on the theory that there has been a voluntary acceptance of risk and such acceptance, whether express or implied, requires knowledge and appreciation of the risk. Contributory negligence on the other hand is a matter of some fault or departure from the standard of reasonable conduct.
One distinction between assumption of risk and contributory negligence is that contributory negligence is itself a proximate cause of the injury complained of, while assumption of risk will bar a recovery even though it plays no part in the causation of the accident except the voluntary exposure to danger with actual knowledge of the dangerous condition. 82 A.L.R.2d 1231 (1962).
An example of where assumption of risk is applicable and contributory negligence is not is found in Schentzel v. Philadelphia National League Club, 173 Pa. Super. 179, 96 A.2d 181 (1953). In Schentzel there was not direct evidence that plaintiff, a 47-year-old woman, knew that baseball players hit foul balls which go astray and may injure spectators. The court, however, reversed a judgment in her favor, finding "she must have assumed such a risk," because "she must be presumed to have been cognizant of the "neighborhood knowledge" with which individuals living in organized society are normally equipped.
The benchmark of negligence is conduct expected of the proverbial reasonable man. To erode this concept and carve an exception in the area of the defense of assumption of risk serves no purpose and in effect throws the entire one out of kilter. An objective standard must necessarily be applied in assumption of risk cases to avoid placing an unreasonable burden on defendant to prove plaintiff's state of mind. The difficulties created by the use of a subjective standard has been commented on by Dean Prosser.*fn1
[ 496 Pa. Page 619]
Under an objective standard in this case, it is clear that the record reflects that a reasonable individual in the plaintiff's situation was aware of the dangers inherent upon his participation and voluntarily assured the risk. Appellant had played football on the school team in two previous years and was a starter on the team in the year of the accident. Appellant had also played jungle football during those previous years. Clearly, appellant had to be aware of the potential dangers of playing jungle football and could very easily have chosen not to continue to participate in playing the game. Because of his prior experience and knowledge of the inherent dangers of such contact sports, the only logical conclusion would be that appellant was not only aware of the risks but voluntarily assumed those risks.
The question of duress introduced by the majority is, in my judgment, a red herring. Obviously the risks of jungle football were no greater than the risks involved in the general football program. Having committed himself voluntarily to participation in this area, he cannot now be heard to attempt to isolate one segment from the general exposure that he had voluntarily committed himself to be exposed to.
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US Cavalry pack
Posted by pigat22 November 19, 2013
Posted in Clothing, DAZ | Poser | Carrara
Tagged M4
This is a fantastic pack to transform Apollo Maximus and Michael 4 into a US cavary soldier.
You get all the necesary clothes, props and weapons you can see in the sample images.
You get also all the horse accesories to use with the adHorse figure.


text:
The X-SMC22-S offers a multitude of playback options such as Bluetooth music streaming, music playback over CD, USB or via the lightning dock. Stylish and handy in size, you can place it anywhere in your house or room.
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text:
WTI Oil has broke the resistance from 58.7 and now has reached at $60 / barrel. We have an important Fibonacci level here (23.6% from Monthly chart), if the price will have enough power to jump and close above the 60 level then the upward movement will continue with first target at the median line (ML) or higher at 67 level. The price is trading between the median line (ml) and the lower median line (lml) of the ascending pitchfork. As long as the price is trading inside of the ascending pitchfok the OIL is bullish.
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Tigers Suffer Season's First Loss to #9 Bears
November 26, 2016
DePauw held a 37-36 lead late in the third period, but a Washington University three with the clock running down started the ninth-ranked Bears on a game-ending... Read More
Prof. Dennis Killinger '69 Named AAAS Fellow in Physics
November 26, 2016
Dennis K. Killinger, Distinguished University Professor Emeritus of Physics at the University of South Florida, has been named to the new class of Fellows... Read More
Prof. Derek R. Ford's Education and the Production of Space: Political Pedagogy, Geography, and Urban Revolution is Published
November 25, 2016
Education and the Production of Space: Political Pedagogy, Geography, and Urban Revolution by Derek R. Ford, assistant professor of education studies at... Read More
Columnist Recalls "Total Bubble Brain" Eiffel Plasterer '24
November 24, 2016
In his newspaper column, Dick Wolfsie pays tribute to a "forgotten Hoosier" during the state's bicentennial year, 1924 DePauw University graduate and "total... Read More
Book by Prof. Robert Stevens on Longlist for International Dublin Literary Award
November 23, 2016
Robert Stevens, assistant professor of English at DePauw University, is a longlist nominee for the International Dublin Literary Award. Stevens, who writes... Read More
Kopp's 29 Leads DePauw to Win over Grizzlies
November 22, 2016
DePauw freshman Sydney Kopp poured in 29 points in 26 minutes and led DePauw to an 84-58 win over visiting Franklin Read More
Tigers Earn First Win in 98-58 Blowout
November 22, 2016
Greencastle, Ind. – The DePauw men's basketball team defeated Boyce 98-58 on Tuesday to collect their first win of the 2016-17 season. Read More
Food Management: New Hoover Dining Hall "Brings People Together"
November 22, 2016
"A liberal arts education isn't just achieved in the classroom or the library. It also happens inside dorm rooms, at student centers -- and yes, inside... Read More
Newlon Named NCAC Women's Swimmer of the Week
November 21, 2016
Senior Angela Newlon set two pool records and posted three total NCAA "B" cuts to lead the Tigers to a second-place finish at the UC Phoenix Fall Classic... Read More
From USA to UAE
November 21, 2016
Carrie M. Robinson '17 was one of only a few American students who studied at the American University of Sharjah (AUS) in the United Arab Emirates during... Read More
Readiness & Loyalty Key Traits of US VPs, Says Dan Quayle '69
November 21, 2016
"Every vice president has a different role, a different responsibility," says the 44th Vice President of the United States, Dan Quayle. "It all depends... Read More
DePauw Finishes Second at Phoenix Fall Classic
November 20, 2016
DePauw wrapped up competition at the Phoenix Fall Classic with 519 points and finished second behind the host University of Chicago which totaled 925.5... Read More
Prof. Lili Wright Examines 'Mexico in Fiction' for the New York Times
November 20, 2016
Lili Wright, professor of English at DePauw University, contributes to the book review section of today's New York Times. In a piece headlined "Mexico... Read More
Journal Reviews Prof. Derek R. Ford's Communist Study: Education for the Commons
November 20, 2016
In a review of Derek R. Ford's Communist Study: Education for the Commons in Studies in Philosophy and Education, Weili Zhao writes, "As a Chinese citizen... Read More
Tigers Move up to Second at Phoenix Fall Classic; Newlon Breaks Another Pool Record
November 19, 2016
DePauw wrapped up the second day of competition at University of Chicago's Phoenix Fall Classic in second place with 315 points Read More
Lattner Scores 1,000th Point in Loss to No. 20 WashU
November 19, 2016
Greencastle, Ind. – The DePauw men's basketball team battled 20th-ranked Washington University (Mo.) until the end but couldn't pull off the upset... Read More
Tigers Use Fast Start to Take DePauw Tipoff Tournament
November 19, 2016
Greencastle, Ind. –After opening the DePauw Tipoff Tournament with a cold start, the DePauw women's basketball team finished it with a hot one, riding... Read More
Monnett Finishes 50th at NCAA Championships
November 19, 2016
DePauw senior Claudia Monnett competed at the NCAA Division III Cross Country Championships and finished 50th Read More
Burguete and Batt Compete at NCAA Championships
November 19, 2016
DePauw junior Polo Burguete and sophomore represented the Tigers at today's NCAA Division III Championships Read More
Research of Prof. Pascal Lafontant & His Students Published in Journal of Histochemistry and Cytochemistry
November 19, 2016
An article co-authored by Pascal J. Lafontant, associate professor of biology at DePauw University, and his students is published in the latest edition... Read More
DePauw Rallies for Opening-Night Win
November 18, 2016
DePauw trailed by as many as 10 in the second half, but outscored Birmingham-Southern 23-8 in the fourth and finished the game on a 14-0 run to take a... Read More
Geoff Dains '95 Named Interim Head Men's Basketball Coach at Cal Lutheran
November 18, 2016
Geoff Dains, a 1995 graduate of DePauw University, has been named interim head men's basketball coach at California Lutheran University. He takes over... Read More
Newlon's 1,650 Free Pool Record and "B" Cut Paces Tigers on Opening Day of Phoenix Fall Classic
November 18, 2016
Paced by a record-setting performance by Angela Newlon, DePauw totaled 93 points and is in fourth after the first day of the Phoenix Fall Classic Read More
Mark McCoy Among 110 College Presidents to Sign Joint Letter to President-Elect Donald Trump
November 18, 2016
DePauw University's D. Mark McCoy is among 110 college and university presidents who "have issued a joint letter to President-elect Donald Trump urging... Read More
Monon Bell DVD at Factory, Will Ship in Early December
November 18, 2016
Order DVD; Game Summary As veteran football analyst Paul Maguire said at the conclusion of Saturday's 123rd Monon Bell Classic, "I've done so many games... Read More
Hunt and Kirchhoff named All-NCAC First Team; Seven Others On Second Team
November 17, 2016
Cleveland, Ohio – Senior quarterback Matt Hunt was named the North Coast Athletic Conference Offensive Player of the Year, while he and senior running... Read More
Prof. Miranda Spivack Analyzes Court Ruling in Police Records Case
November 17, 2016
"The Indiana Supreme Court ruled Wednesday that the University of Notre Dame and other state private universities can keep police records closed to the... Read More
Pizza Hut Taps Noah Droddy '13 as Part of New NCAA Sponsorship
November 17, 2016
"As part of a multi-year sponsorship deal, Pizza Hut was recently named the 'Official Pizza of the NCAA.,'" reports Indianapolis Business Journal. "The... Read More
Lattner Puts Up 34 in Opening Loss to Grizzlies
November 16, 2016
Franklin, Ind. – The DePauw men's basketball team got 34 points from senior Luke Lattner but failed to put up a W in their season opener in a 86-74... Read More
Donald Trump "Has to Find a Way to Work" With News Media, Prof. Jeff McCall '76 Tells Washington Post
November 16, 2016
"Defying the usual presidential press protocols, Trump has twice in the past week ditched the pool of reporters who follow him in public," reports the... Read More
Two Articles on Government Secrecy by Pulliam Prof. Miranda Spivack are Published
November 16, 2016
Miranda S. Spivack, Eugene S. Pulliam Distinguished Visiting Professor of Journalism at DePauw University, has been awarded a grant from the Fund for Investigative... Read More
Prof. Rebecca Upton Authors What Would Jesus Haul?
November 16, 2016
Rebecca L. Upton, professor of sociology and anthropology at DePauw University, is the author of Negotiating Work, Family, and Identity Among Long-Haul... Read More
Hunt, Longthorne Named to D3football.com Team of the Week
November 15, 2016
Senior quarterback Matt Hunt and senior linebacker Will Longthorne were named to the D3football.com Team of the Week following their performance in DePauw's... Read More
Gonzalez, Moore and Gold on All-NCAC First Team
November 15, 2016
Cleveland, Ohio – Seniors Julian Gonzalez, E.J. Moore and sophomore Andrew Gold were recently named members of the 2016 All-NCAC First Team. Read More
David Cameron, Former Prime Minister of the UK, Coming to DePauw Dec. 8 to Discuss 'Where We Go From Here'
November 15, 2016
David Cameron, who served as Prime Minister of the United Kingdom from May 2010 until stepping down from the post in July, will come to DePauw University... Read More
Tiger Football Coach Bill Lynch is Guest on Indy Sports Talk Radio Show
November 14, 2016
"It was a great win for our kids on Saturday, really for the whole University," DePauw head football coach Bill Lynch said this afternoon on an Indianapolis-based... Read More
DePauw Again One of USA's Top Colleges for Providing Opportunities to Study Abroad
November 14, 2016
DePauw University has moved up one spot and now ranks fourth among the nation's four-year baccalaureate colleges for the percentage of students studying... Read More
Steve Hollar '89 Cited as Newspaper Marks 30th Anniversary of Hoosiers
November 14, 2016
"The greatest sports movie ever (some say), Hoosiers, turns 30 today," reports Indiana's Evansville Courier & Press. In a piece that offers "5 things you... Read More
Hunt Takes Home Third NCAC Offensive Player of the Week Honors
November 14, 2016
If the Monon Bell wasn't enough, DePauw senior quarterback Matt Hunt was named the NCAC Offensive Player of the Week for the third time this season.... Read More
Journalist Gwen Ifill, Who Came to DePauw as Ubben Lecturer in 1997, Dies at Age 61
November 14, 2016
"Gwen Ifill, one of the most prominent African-American journalists in the country, has died," reports NPR this afternoon. Ifill, who was 61, was reportedly... Read More
Opera Star Frederica von Stade to Perform with Laurie Rubin at DePauw's Green Center
November 14, 2016
This week brings a special highlight of the 2016-17 season at DePauw University's Green Center for the Performing Arts. The DePauw School of Music will... Read More
Men's Soccer Eliminated in NCAA Second Round
November 13, 2016
Greencastle, Ind. – Redlands once again found some late-game magic on Sunday, defeating DePauw 2-1 in the second round of NCAA Division III men's soccer... Read More
IndyStar Notes DePauw's 37-34 Monon Bell Triumph
November 13, 2016
Game Summary; Order DVD "Matt Hunt led his team 80 yards downfield in 84 seconds to lift the Tigers to a 37-34 win in the last game of his career," reports... Read More
Matt Hunt's Fourth Quarter Heroics Lead DePauw to Dramatic Monon Bell Win
November 12, 2016
After Wabash took the lead with 2:06 left, Matt Hunt led DePauw on an 80-yard drive in six plays and tossed a 13-yard pass to his brother, Andy, with 38... Read More
The Bell is Back in Greencastle!
November 12, 2016
Game Summary; Order DVD DePauw University senior quarterback Matt Hunt hit his brother Andy with a 13 yard touchdown pass with 38 seconds left to give... Read More
The Immersive Experiences Enjoyed by DePauw Students are Spotlighted During National Monon Bell Telecast
November 12, 2016
"Since 1837, young scholars from around the nation and around the world have come to Greencastle, Indiana to live and learn," begins a feature that aired... Read More
Tigers Finish Seventh at NCAA Regional; Monnett Returns to National Meet
November 12, 2016
Led by Claudia Monnett's seventh-place finish, DePauw totaled 194 points and finished seventh at the NCAA Division III Great Lakes Regional Read More
Tigers Finish Eighth at NCAA Regional; Burguete and Batt Post Top Ten Finishes
November 12, 2016
Paced by top-ten finishes from Polo Burguete and Zach Batt, DePauw totaled 250 points and finished eighth at the NCAA Division III Great Lakes Regional... Read More
2016 NCAA® Division III Men's Soccer First and Second Rounds
November 12, 2016
Media's Focus on Sizzle Over Substance Marred Presidential Campaign, Prof. Jeff McCall '76 Tells WGN
November 12, 2016
On election night Tuesday, "The results were surprising on a lot of levels," Jeffrey M. McCall told Chicago's WGN Radio today, "but it was interesting... Read More
Memorable Night with NCAA First Round Win
November 12, 2016
There was a buzz on campus. The DePauw football team had just returned from Wabash after reclaiming the Monon Bell for the first time in seven years... Read More
Longtime Gustavus Adolphus Soccer Coach Larry Zelenz '78 Inducted Into Hall of Fame
November 12, 2016
Larry Zelenz, a 1978 graduate of DePauw University who was head men's soccer coach at Gustavus Adolphus College for almost a quarter century and served... Read More
DePauw Bows out of NCAA Championship Following Loss to Top-Seed and Second-Ranked Calvin
November 11, 2016
DePauw's season came to an end in the second round of the NCAA Division III Championship after the Tigers dropped a 3-0 (25-15, 25-23, 25-18) decision... Read More
Sold Out!: All Seats for the 123rd Monon Bell Classic are Claimed
November 11, 2016
Game Notes; Webcast; WGRE Radio; https://my.depauw.edu/e/mononbell/dvd/ Seats for the 123rd Monon Bell Classic, which will be played tomorrow afternoon... Read More
Campaign '16 Marked by "Inane and Destructive News Agenda," Opines Prof. Jeff McCall '76
November 11, 2016
"The 2016 presidential campaign was characterized by a harshness and superficiality that made citizens cringe," writes Jeffrey M. McCall, professor of... Read More
DePauw Travels to Wabash in Renewal of Monon Bell Rivalry
November 10, 2016
DePauw wraps up the regular season this Saturday when it travels to Wabash College for the annual Monon Bell Game Read More
Tigers Use Momentum to Advance to NCAA Second Round
November 10, 2016
Grand Rapids, Mich. – The DePauw volleyball team defeated Carnegie-Mellon 3-1 (25-20, 25-20, 21-25, 25-20) in a four-versus-five seed matchup Thursday... Read More
Hometown Newspaper Notes "Outstanding" College Football Career of Jason Kirchhoff '17
November 10, 2016
For DePauw University senior Jason Kirchhoff, "Saturday marks the culmination of the playing career ... of (a) former local high school football hero,"... Read More
Enright a Highlight in All-NCAC selections
November 9, 2016
Sophomore defender Gail Enright was recently selected to the women's soccer All-NCAC first team for the first time in her career. Read More
DePauw University Band to Commemorate 75th Anniversary of Pearl Harbor with Sunday Concert
November 9, 2016
The DePauw University Band, directed by Craig Paré, will commemorate the 75th anniversary of the attack on Pearl Harbor during its Sunday, November 13... Read More
Tigers Back in NCAA Tournament
November 8, 2016
Indianapolis, Ind. -- After a strong 24-5 season the DePauw volleyball team returns to the NCAA Division III women's volleyball championship capturing... Read More
"Bing" Davis '59 to Speak at Organization's Annual Meeting
November 8, 2016
Artist and educator Willis H. "Bing" Davis, a 1959 graduate of DePauw University, will speak to the annual meeting of the 365 Project. The event will take... Read More
Berliner Named NCAC Offensive Player of the Year; Four Others Named All-NCAC
November 7, 2016
Cleveland, Ohio – The DePauw field hockey team recently took home a number of conference honors after a season which saw them claim the North Coast Athletic... Read More
DePauw Selected as NCAA Division III Regional Host
November 7, 2016
Greencastle, Ind. - The 11-5-2 Tigers earned an at-large bid into the NCAA Division III Men's Soccer Championship and will host 14-5 Centre Saturday at... Read More
DePauw University Band Set to Release 10th CD, Everything Beautiful
November 7, 2016
The tenth compact disc by the DePauw University Band, Everything Beautiful, will be released next week. On Tuesday, November 15 at 4 p.m., the community... Read More
AP Article on "Blatant Mistruths" in Today's Politics Cites Prof. Andy Cullison '01
November 6, 2016
"Andrew Cullison, a professor at DePauw University in Indiana who studies the relationship of skepticism to politics, said the internet has allowed lies... Read More
DePauw Advances to NCAC Tournament Title Match with Win over Denison
November 5, 2016
DePauw advanced to the North Coast Athletic Conference Volleyball Tournament Championship match for the third straight year and fourth time in the last... Read More
DePauw Moves to 7-2 with 50-17 Win at Oberlin
November 5, 2016
DePauw trailed Oberlin after the game's first two plays from scrimmage, but the Tigers scored the next 26 on the way to a 50-17 North Coast Athletic Conference... Read More
Kenyon Upsets DePauw with Penalty Stroke Goal in Overtime
November 5, 2016
Katelyn Hutchinson connected on a penalty stroke three minutes into overtime and sent Kenyon to a 2-1 win over DePauw in the North Coast Athletic Conference... Read More
Trio of Tigers Earn All-NCAC Honors: Lenderman is Top Libero
November 5, 2016
In voting by the North Coast Athletic Conference coaches' three Tigers have earned all-conference honors including one of the league's top honors Read More
DePauw Finishes Second at NCAC Tournament
November 5, 2016
For the third straight season and fourth time in the last five years, DePauw finished second at the North Coast Athletic Conference Tournament following... Read More
2016 Grads Heather Bucher & Ellen Sauter Join Jesuit Volunteer Corps
November 5, 2016
Two 2016 graduates of DePauw University, Heather R. Bucher (pictured) and Ellen K. Sauter, have begun full-time service with two Jesuit volunteer organizations... Read More
Tigers Travel to Oberlin in NCAC Showdown
November 4, 2016
DePauw heads back on the road for the final two games of the regular season starting with a trip to Oberlin College on Saturday, November 5 Read More
Lee Hamilton '52 Authors Congress, Presidents, and American Politics: Fifty Years of Writings and Reflections
November 4, 2016
Lee Hamilton, a 1952 DePauw University graduate who served 34 years in the U.S. House of Representatives and was dubbed "Mr. Integrity" by Newsweek, is... Read More
Tigers Open NCAC Tournament Play with 3-0 Quarterfinal Win over Wooster
November 4, 2016
DePauw opened North Coast Athletic Conference Tournament play with a 3-0 (25-20, 25-19, 25-14) quarterfinal win over Wooster and advanced to the semifinals... Read More


text:
Welcome to The Homage Show, a two-hour weekly radio program with each episode devoted entirely to the music of a single artist. It's the ultimate combination of great bands, entertaining hosts, and even a touch of old video games in a weekly radio show.
The Homage Show is hosted by The Chief Justice Hollywood. It is currently inactive, but during its active run it used to broadcast every Saturday morning on KXUA 88.3 fm in Northwest Arkansas.
The show features the music of a different artist each week. Whenever there is a band you like, download the mp3 for free and get two hours of their music, accompanied by plenty of informative commentary and non-stop comedic entertainment.
There is a blog post devoted to each show in the Episodes section that includes a short description of the show along with a picture of the band, and you can even rate the episode. The Archive section has a complete list of episodes for downloading in one easy location. There is also a Rankings section that is updated regularly, where you can see which bands have received the most downloads.
In addition to this website, you can find The Homage Show on Twitter. It's the place to go to get instant updates and share your thoughts on the show.
The Homage Show is also on Facebook. You can find out the artist that will be featured the day before the show, read random thoughts from C.J. Hollywood, and see promotional screenshots. If you enjoy the show, become a fan of the facebook page and follow the twitter page to get the total Homage Show experience plus any updates regarding future plans for The Homage Show!
I like listening to the Homage Show while I'm driving to work on Saturday mornings. I like the music and I like the things you say between songs.
The Chief is still getting the page setup so keep checking back for new content. It might take some convincing but hopefully you'll be able to check an AngryLittleMan tab soon for updates on the show and whatever crap I want to talk about.
Bloody Great Show!


text:
Electric Start
Posted June 12, 2003 - 04:32 AM
Posted June 12, 2003 - 08:22 AM
Which is to much!
Posted June 12, 2003 - 01:54 PM
Posted June 12, 2003 - 02:32 PM
"12/2002: The XR650R Electric Start Kit is in progress. Development is going well. The kit should be available soon..."
Posted June 12, 2003 - 03:07 PM
If you get too tired I'll start it for you
Posted June 12, 2003 - 04:05 PM
I think Yamaha makes the kit your looking for. It's called the WR450. It makes starting much easier. Also increases your acceleration, top speed, and every other measure of performance. The only negative is price. It's gonna set you back about $6399.
You really should have known.
Posted June 13, 2003 - 01:12 AM
-------- See what it does to you
Posted June 13, 2003 - 05:38 PM
Posted September 02, 2003 - 07:05 AM
Joe Racer has been working on this for some time. Plan to spend $1400+ for it whenever he finishes.
I had them put a dual sport kit on my bike and a few other things....bottom line these guys are full on scumbags. They quoted me 599 installed and charged me 799. I showed them my rv trailer hitch set up and they said no problem after waiting 2 months they deliverd a rack that would not work on my rig, and would not return it ...another 350 down the tube.....I could almost live with all that but last month when i go to get a brake and light inspection i find that the horn switch that is integrated into the handle light/signal unit is defective. So i call twice for support not to rag them out or anything just to troubleshoot and get the horn working. No response after having spent 1700$ at their "shop". They suck and I would not even consider their stuff. fwiw
Posted September 15, 2003 - 10:51 AM
PS Don't hesitate to tell us any good news either if Joe makes it good somehow.
Posted September 15, 2003 - 01:11 PM
The thread says the kit costs $1,100 by itself. Then it says the customer decides to have it installed by Joe Racer who makes the kit and quotes him a total price of $1,600 for the kit with installation , but when he picks up his bike from Joe Racer, he's instead charged $2,400 because it took Joe Racer longer to install than was planned. OMG! And then to top it off, his GPR stabilizer post was hacked off to mount the battery. And to really top things off, his bike no longer runs after Joe Racer worked on it!
I hope this is just a bad joke, because the story is so depressing that its almost unreal. I'd be flaming mad if someone charged me that much more in labor costs, especially if they hacked up my bike and gave it back to me no longer running. Is this for real
Posted September 16, 2003 - 06:26 AM
Posted September 16, 2003 - 06:41 AM
Posted September 17, 2003 - 10:24 PM
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Upcoming Showsno upcoming shows listed
Past Shows
Instrumental metal, funk, rock, classical groove! from Vancouver BC
Past Shows (1)
MINOTAUR is the wacky brain child of three musical minds pulling from three different backgrounds to create a sonic assault that could change music forever. By mixing jazz, metal, funk, rock, classical and just about everything else you can imagine together, this group creates a sound like no other that is beyond classification. From bone crunching grooves and mind boggling melodies to perfect harmony and chaos there is no ground left uncovered and no note left unheard. Sure to give you a fresh perspective on instrumental music and warp your brain forever, Minotaur must be seen to be believed.
Current Lineup
|Chris Russell
|Colin Cowan
|Brennan Saul
Submit info on this band to our admins


text:
elodie has been beelining it to the water every time we go to the ocean or a pool. i am so happy that she isn't afraid of the water and i want to keep it that way! we have taken some beginning swim classes at the rose bowl since she was five months old (doggy, kitty, doggy, kitty, zzzzzz) but it's really time to teach her how to swim. i remember chatting with a papa from vancouver last time we were out in palm springs -- his daughter was 3 and swimming circles around him. i can't remember what method he used... any suggestions?
image: jesse kamm