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All eyes on whether key post goes to Xi Jinping
The annual plenum of the Communist Party's Central Committee will draw to a close today, and a communique endorsing the next five-year plan (2011-15) is expected.
But all eyes will be on whether Vice-President Xi Jinping will be promoted to deputy chairman of the Central Military Commission.
With vice-presidency and a leading role on the Central Committee's powerful Secretariat, the latest military promotion, if announced today, will cement his status as the likely successor to take over power in 2012.
Xi's promotion is important as it will mark a new phase for the delicate preparations for the leadership succession in autumn 2012, when the party's 18th congress is scheduled.
That congress will see the transition of power from the fourth generation of leadership under President Hu Jintao and Premier Wen Jiabao to the fifth generation - including Xi and Li Keqiang , currently the executive vice-premier.
Although it is still two years away, Xi's promotion is likely to spur further speculation over the most important positions in the new leadership line-up, namely the composition of the Politburo Standing Committee.
But trying to predict personnel changes in the mainland leadership is always a foolhardy endeavour, not least because of the utmost secrecy surrounding this issue. So far, few of those positions have been settled and many rounds of lobbying and horse-trading among different factions are expected in the next two years until the final compromise is reached. Other variables also include the degree of influence Hu will wield to promote his allies after he retires in 2012, and that of former president Jiang Zemin - who is believed to still hold considerable sway within the party even though he retired in 2004.
In this context, it is interesting to note the rumours began circulating in Beijing a week before the plenum that Jiang's health was failing - and even that he had died.
But going by past experience, it is possible to make an educated guess as to the leadership change in 2012 - particularly after Hu took over from Jiang in 2002, a process billed as the first orderly transition of power in the history of the People's Republic.
The age limitation and term limits appear to be institutionalised for leadership changes.
Except for Xi and Li, all other seven members of the Politburo Standing Committee will have reached the age of 68, the yardstick for retirement for Politburo members, or older. Those include Hu, who will be 70, and Wen, also 70 - both of whom will have served two terms. While Xi is set to take over from Hu, Li is generally expected to succeed Wen as the premier.
But beyond those two, the list is wide open. Ask informed analysts or officials, and each will produce their own list. But the following group of candidates is generally believed to be in with a stronger chance: Vice-Premier Wang Qishan , 62, Li Yuanchao , 60, director of the party's powerful Organisation Department, Wang Yang , 55, the party boss of Guangdong, Bo Xilai , 61, the party boss of Chongqing, and Hu Chunhua , 47, the party boss of Inner Mongolia .
Of that list, Bo and Hu are controversial choices. Bo, a son of former party leader Bo Yibo , caused a stir on the mainland last year by launching two citywide campaigns. The first was against triads, leading to the arrests of several dozen officials and businessmen. The second was encouraging residents to sing revolutionary songs. These dual campaigns of 'attacking the black [society] and singing the red [songs]' have won him nationwide support but caused some discomfort among top leaders over his true intentions.
Hu Chunhua, one of the youngest provincial party secretaries, is widely known as a strong ally of President Hu and a rising political star. Some analysts have already seen the younger Hu as a strong candidate to lead the sixth-generation leadership from 2022. Promoting the younger Hu to the Standing Committee or at least the Politburo will be seen as the key test of the older Hu's influence.
Another interesting development is that there have been growing calls within the party for cutting the number of seats on the standing committee from nine to seven to facilitate better and quicker decision-making while expanding the Politburo.
Looking at the recent party history, particularly from 1978, the sizes of the previous standing committees ranged from five to seven. At the 16th party congress in 2002, however, the Standing Committee was expanded from seven to nine members - a move some Western analysts interpreted as engineered by retiring president Jiang to maintain his influence by promoting more allies.
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The Cornerstone of the World is a feature added in Diablo: Hellfire, which allows players to transfer items from one character to another. It is always located in a square room on the first level of the Demon Crypts. When dropping an item on this stone, the character will hear a story about the building of a great cathedral near Tristram, which had a cornerstone made of the rare stone Antyrael. If you return to the cornerstone of the world with another character, the dropped item will be there, provided the character who dropped it was not saved on the same level.
Due to a bug, the item dropped on the stone will sometimes be duplicated and will still appear to the character who dropped it. Due to another bug, a pile of "0 gold pieces" will sometimes spawn on the cornerstone - if this happens, simply pick up this pile to make it disappear.

subset: commoncrawl


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Two males left. 8 weeks old. Call Everett Luther 530-845-0395$150
Mantle Blk & white puppies Male & Females 7 left$600
MISSING Our black female Scottish Terrier went missing from the yard where we were staying with family on Old Mill Drive in Twain CA on .She was wearing…No Price Listed
ethical- AMERICAN KENNEL CLUB French Bulldogs Puppies For Sale $500.....Text and send us sms at # (724) -705 x 9672 For VIP Responds~!No Price Listed
"Starla" Blue Merle Female Should mature to 13" and 15 pounds $1600$1,600
"Belle" Black and White Female Should mature to 13" and 15 pounds $1200$1,200
"Walka" Sable Male Should mature to 14" and 20bs$1,200
"Braven" Black and White Male Should mature to 13" and 15 pounds $1100$1,100


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Start playing some tunes with these online guitar lessons. While learning how to play chords and scales on the guitar is very important, you gotta learn how to play some songs.
Yes "Long Distance Runaround" Guitar Riff
Learn how to play the into guitar riff from the song "Long Distance Runaround" from band Yes.


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Excessive authentication complication?
Why the excessive complication of the session ID,
with login/logout functions? XML RPC is already on
top of HTTP, and HTTP authentication could do the
job quite nicely (and is already supported by most
XML RPC client implementations). This would turn a
simple release into 1 easily command-line
scriptable call, instead of 3.
Also, seconding (thirding?) the requests for an SSL
interface to this (and possibly to the main page
A tool for securing DNS communications between a client and a DNS resolver.
A polyhedral extraction tool (PET).


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Children can have great fun both making and playing with these easy puppets. You don't have to use exactly the same materials as I do. For instance, thread, string, or yarn can be used for the hair and beads or jewels can be used for the eyes or you can even just draw them.
Total Time: 15 minutes
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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2005-11-08 at 11:38:00 am #14538
Privacy worries? Don't print in color
You've got to love black-and-white laser printers. You can get a good one for $150 or so, and each toner cartridge cranks out thousands of pages before you need a refill. Best of all, they don't spy on you.
You can't say the same about color laser printers, as we learned last week. Actually, we should have learned it nearly a year ago. That's when PC World magazine reported that makers of color laser printers, in cooperation with law enforcement agencies, have programmed their machines to print tiny yellow dots on every printed document. These dots are almost invisible under normal conditions, but can be spotted by anyone with a magnifier and the right sort of lighting.
Most of us ignored the news, but not the civil libertarians at the Electronic Frontier Foundation in San Francisco. The group asked its members to mail in documents generated by dozens of color laser printers. They got hundreds of submissions run off on printers made by a variety of manufacturers — Minolta, Canon, Hewlett-Packard and Xerox, among others.
Last week, the foundation announced it had cracked the code on a document generated by a Xerox printer. By reading the yellow dots, staff members were able to identify the serial number of the very machine that had produced the printout.
No big deal, unless you're a counterfeiter. "Ten years ago, 1 percent of counterfeit currency was produced by copiers and printers; now it's 56 percent," said Eric Zahren, spokesman for the US Secret Service, the government agency that battles the funny-money trade. So the Secret Service and other security agencies persuaded printer makers to embed subtle markers into their machines. And not just printers, said Edward Delp, a professor of electrical engineering at Purdue University. "Color copiers have done this for a long time," said Delp.
As a result, police can play spot-the-dots with pieces of phony currency, then use sales records to trace the machine and its owner.
Of course, the same technique can be used to identify anything else from the printer. But Zahren says privacy-conscious citizens have nothing to fear. "You only have to worry about it identifying you if you have partaken in illegal activity," he said.
Famous last words? Maybe not. Why would cops bother to inspect the billions of pages printed every day, just to figure out which printer produced them? It might be worthwhile to study anonymous ransom notes or death threats. But usually it's obvious where a document came from; the cops needn't bother looking for subtle yellow dots.
Then again, few of us live in countries with a low regard for human rights. Pity the poor Cuban worshiper at a secret church who cranks out a few religious tracts on the office laser printer. Let one of those tracts fall into an informant's hands, and the cops will know exactly where to find him.
"These printers are being sold all over the world," said Seth Schoen, staff technologist for the Electronic Frontier Foundation. No doubt the dictators will use the codes for their intended purpose, but only a fool would expect it to stop there. Schoen admitted the dots pose little threat to the privacy of Americans. But, he added, "If I were in China, for example, it might be a real problem."
It's enough to make you wonder how many more of our gadgets are keeping an eye on us. Cellphones come to mind. A federal regulation, issued for our own good, requires cell phone systems to add features that can locate a phone to within a few yards. That way, when you dial 911 from a burning building, the firefighters can find you before the flames do.
But the same technology can also let the police track your every move. The locator software can be activated without any warning, converting any cheap cellphone into a homing beacon. Just the thing for keeping somebody under constant surveillance.
You'd hope the police would need a warrant for this kind of snooping. Warrants require the cops to show a judge some evidence the target of the surveillance has committed a crime. But the US Justice Department has instead relied on subpoenas. A judge will issue one of these if the police merely claim that it might produce information that will help crack a case. Federal courts have routinely granted such subpoenas.
But in August, a federal magistrate, James Orenstein, ruled that the collection of electronic location data from a cellphone is little different from a wiretap. For that, you need a full-fledged wiretap warrant, he said. The Justice Department has scoffed at Orenstein's argument and is appealing, with good reason. The federal courts approved just 730 wiretap warrants last year, with state governments permitting another 1,000 or so. So if Orenstein prevails, a cop will need a lot more than a hunch before spying on our cellphones.
Still, it's worth at least a little worry. In her new book "Spychips," privacy activist Katherine Albrecht warns of efforts to embed digital trackers into every item we buy. Perhaps we should worry more about all the tracking devices we already own — the cellphones with locator chips, the unique digital codes broadcast by every wireless Internet router, and of course the paper scrolling out of your color laser printer, with your signature on every page, like it or not.


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I Me aur Main (2013)
I Me aur Main (2013)
Director: Kapil Sharma
Writer: Devika Bhagat
Stars: John Abraham, Chitrangda Singh, Prachi Desai
Genres: Drama
Country: India
Language: Hindi
Release Date: 1 March 2013
Runtime: 100 min
As Ishaan, a music producer who takes advantage of the women in his life, feels a connection with Gauri, his new next-door neighbor, he begins to learn the importance of
friendship – causing him to work to repair his relationships.
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Wall Decor
When decorating your rooms, don't over look the walls. Rather than leaving walls bare, hang artwork and decorative accents to express your personal style and make your space feel warm and inviting. Use a grouping of framed pieces or one large canvas to create a focal point and a conversation starter.
The floating shelf never looked so good. Typically a simple wooden plank, the Halifax design makes much more of a statement by inc...reasing the depth and hand-finishing it with beading at the base and flared mouldings on top. Style tip: make a feature by using multiple shelves on one wall. Choose the same length repeatedly for a more symmetrical arrangement. Or mix things up by using graduated sizes, spaced sporadically. Kiln Dried Solid Mahogany Hand Finished Furniture Pure White Color Semi Gloss Painted topped with a durable sealer. Easy installation Hat Shelf Pre-assembled Shelf Type: Floating Style: Contemporary Finish: Mahogany Finish Color: White Materials: Solid Mahogany, Composite Wood Weight Capacity: 65 lbs Weight: 17.03 lbs Dimensions: 31.5 inches wide x 9.06 inches deep x 4.72 inches high read more
The floating shelf never looked so good. Typically a simple wooden plank, the Halifax design makes much more of a statement by inc...reasing the depth and hand-finishing it with beading at the base and flared mouldings on top. Style tip: make a feature by using multiple shelves on one wall. Choose the same length repeatedly for a more symmetrical arrangement. Or mix things up by using graduated sizes, spaced sporadically. Shelf is hand assembled with kiln-dried solid mahogany Semi-gloss painted finish is topped with a durable sealer. Easy installation Style: Contemporary Shelf Type: Floating Color: Pure White Materials: Solid Mahogany, Composite Wood Weight: 25.74 lbs. Dimensions: 47.24 inches wide x 9.06 inches deep x 4.72 inches high read more
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Nectria Canker
Most hardwoods with such injuries are susceptible to attack. Slightly sunken areas (cankers) develop around wound or damaged tissue. Smooth barked areas are generally darker brown than surrounding bark. If the bark of the tree is rough and dark, the canker is very difficult to see.
This fungus is an opportunistic pathogen readily attacking damaged wood. It is active at all times of the year when temperatures are above freezing and sufficient moisture is present.
Trees weakened by recent transplanting, root pruning by nearby excavation, and especially by freezing are most susceptible to Nectria attack. If limbs are pruned during wet autumn weather, Nectria can readily invade the wound. Vigorous trees usually form a callus, wall off the fungus within one year, and recover. If a tree is not vigorous, invasion may continue and ultimately girdle and kill the branch or, in the case of small trees, the trunk.
Both the asexually formed spores (conidia formed all year) and the sexual spores (ascospores) formed in the late summer are capable of causing disease.
Symptoms And Signs
- Random branches and twigs do not leaf out in the spring.
- Branches of trees and the trunks of small trees are girdled and killed.
- Areas around wounds are slightly sunken.
- Salmon, pink, or cream-colored fungal fruiting structures, shaped like small cushions, form in the spring and early summer where there are cracks or natural openings in the bark over the canker. These asexually-formed structures turn brown and black with age, especially after freezing.
- In the summer and fall, red to orange-red sexual fruiting structures form in the cankered area.
- Avoid injuring the tree in the autumn. Avoid pruning in the autumn, especially if the weather is wet.
- During dry weather, prune off infected branches.
- Protect trees that have been transplanted within 2 years from drought and other stresses.
- Protect young trees from freeze damage where possible.
Prepared by Gary W. Moorman, Professor of Plant Pathology
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Article Details
TitleNectria Canker
This publication is available in alternative media on request.


text:
Photos are for members only!!
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We stayed already 5 times at Hotel La Locanda in Stresa.
Excellent value for money, coupled with a favorable position relative to the city center, ascending to the Mottarone top, boarding to Isole Borromee or to train station. Mr. Daniele is a very nice host and amazingly discreet. Always we return in Stresa with pleasure, being impressed by the hospitality of the family. Recommended to all who want harmony and relaxation in a family environment.
- Official Description (provided by the hotel):
- La Locanda is a small and quiet hotel, recently restoredand runned by the host family welcoming you in this placesituated by the Lido of Stresa. Close to the hotel, in the Lido area, you may find the cableway to the Mottarone mountain (1500mt.) and public or private boats to Borromée isles. The train station is 200mt. far whereas the village centre is reachable by walking by the lake-side in a few minutes. ... more less
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- Also Known As:
- Hotel La Locanda Stresa, Italy - Lake Maggiore


text:
Movie action jackson is going to release in the theaters on Friday 5 December 2014 worldwide.In the movie ajay devgan is playing the role of leading character with sonakshi sinh and yami gautam. Movie re-release response is too good in India and in some foreign countries.All the movie stars are busy to promote the movie all around the world on TV,stage show and by media interview.Movie first look promo HD trailer and poster has been released on internet and YouTube a month ago and got very good response from the audiences.But in the time of internet online promotion of the movie is too good because we seen the business result of happy new year and bang bang.Here we are updating about Action Jackson pre-release public response,action Jackson expert review,action jackson ratings point from top Bollywood movie analysis websites.
Action Jackson Box office collection Report : After releasing in the 2000 plus movie theaters across India movie action jackson got average response in India and abroad.First day total income of the movie is around 15 crores apart from the 2 crores collection in foreign countries like-Pakistan,Canada,Dubai,Australia.Role of the star-cast in the movie is equal so we cant get the movie success credit to a single star,but performance of ajay ans sonakshi is awesome.Movie is full of entertainment,romance and action like a traditional Hindi film.
If you are here to know that movie "Action Jackson" is hit or flop then from the movie media and expert it is an average plus movie or in other word opening hit of action master Ajay devgan.According to some movie business analysis collection of movie Action Jackson in first week will be around 80 crores from the domestic box office only.Movie Action Jackson collection will hike on Sunday 7 December 2015 due to holiday.
1st Day Collection of Action Jackson : 17-18 Cr
Action Jackson 2nd day collection : 16-17 Cr
Movie Action Jackson Rating By Top Bollywood movie websites
Times of India : 7.5 Out of 10
Koimoi.Com : 8 Out of 10
Bollywood Hungama : 8 Out of 10
Public Response : Average Plus.


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1 PARK POT HOLE BIKE FATALITY James C. Kozlowski, J.D., Ph.D James C. Kozlowski In the case of Phelan v. State, 2005 NY Slip Op (NY 6/29/2005), Nancy Phelan died following an accident in Thompson Lake State Park. Phelan lost her balance and fell from her bicycle after riding over a depression in the road. At the time of the accident, Phelan was not wearing a helmet; she struck her head on the road and was dead within five minutes. In a wrongful death claim, Phelan s former spouse, claimant Kevin Phelan, alleged that the death occurred as a result of defendant's negligence in the design, construction, maintenance, and repair of the road where the accident happened. FACTS OF THE CASE At trial, decedent s 11-year-old son, William, recounted that his family was on a week-long camping trip at Thompson Lake State Park when his mother died on August 2, That sunny day, decedent Nancy Phelan, William, Allison (decedent s 9-year-old daughter) and their dog, Kelly, were enjoying a day at the beach. During the mid-afternoon, William and his mother rode their bikes to escort Allison to the Nature Center within the park. They had intended to ride their bicycles back to the beach. Although they had worn their helmets on other occasions during this camping trip, neither was wearing a helmet at this time. It was during the course of the return trip that the accident occurred. They were heading down a hill on Loop A near campsite 23 on a paved road. William was three to four bike lengths directly behind his mother, who had never ridden on this road prior to the accident. Decedent was riding on the right side of the road approximately one to two feet from the edge of the road. William testified that his mother rode her bicycle over the center of a "pot hole" in the road, and then he saw her handlebars suddenly turn to the right. Her hands remained on the handlebars. After the turn, the bicycle kept moving to the right. It remained on the roadway for a while but eventually one tire went off the road, and his mother fell. He could not estimate how far beyond the depression her bicycle traveled before she fell. After the fall, William stopped his bike two bike lengths in front of her, and he saw her lying on the ground. He became nervous and he rode his bicycle to the main park entrance to inform an employee of the accident. He then rode to the Nature Center to pick up his sister. They returned to the accident scene where the ambulance already had arrived. Another eyewitness to the accident, Joanne Sheldon, testified she was seated atop a picnic table at campsite 23 and facing Loop A at the time of the accident. Sheldon observed decedent riding her bicycle along the roadway for approximately 20 to 30 feet before she eventually fell. She observed that decedent was wearing a bathing suit, shorts and sandals. Sheldon approximated that decedent was riding at a speed of 5 to 10 mph down an incline with a curvature in the roadway, and that she rode over a depression in the road. Her handlebars jerked and turned. She lost her balance. Decedent tried to regain control of the bicycle as she continued to move. She fell over to her left side and struck the left side of her skull on the road. Her left leg was 1
2 underneath the bicycle and her right leg was on top of the bicycle. Earlier that day, Sheldon had observed children on scooters fall at the same location. Sheldon could not remember where decedent fell, but she did remember the location of the "groove" on the pavement that caused decedent's fall. Sheldon immediately went over to decedent, who was bleeding profusely and gurgling on her own blood. Decedent tried to lift her head and her back leg was moving slightly. Sheldon told her not to move because help was on the way. Within five minutes, decedent developed a gaze and then a blank stare on her face. At that point, she stopped moving. Sheldon checked for a pulse, but could not locate one. Lifeguards from the park beach arrived six to seven minutes later. Eventually, an ambulance removed decedent from the park and brought her to a hospital where she was pronounced dead upon arrival. Decedent's former husband, claimant Kevin Phelan testified that he was informed of the accident by the Park Police. He picked up his children at the campground and was escorted to the hospital by the Park Police. When they arrived, they were informed that decedent had died. At approximately 7:00 p.m. that evening, Phelan returned to the park to break down the campsite. At the accident site, he observed that a 12-inch corrugated pipe passed under the roadway. In Phelan's opinion, the stone material that packed the pipe had collapsed. He observed that the roadway had sunk several inches in places on the road. The next morning he returned to the site and found that crushed stone had been placed in the depression. After the accident, Phelan had several discussions with State Police Senior Investigator James Dolan, who opined that the hole in the road was the cause of the accident. Dolan inspected decedent's bicycle and found nothing wrong with it. Neither the State Police Report nor the Park Police Report, however, make a determination as to the cause of the accident. The manager of Thatcher State Park, Christopher Fallon, testified at his deposition that he had not observed the depression at any time before the accident, but he was aware of the culvert since he would tour the campground daily. He later testified in the same deposition, however, that although he was aware of the depression before the accident, he did not request that repairs or modifications be made. Fallon testified that his responsibilities included the oversight of Thompson Lake State Park. Although maintenance was conducted on an observed, as needed basis, there was no scheduled maintenance for this depression. Fallon also admitted that he had observed the culvert several times before the accident, possibly even the morning of the accident. Fallon further testified that there was no rule at the park that bicyclists over the age of 14 wear a helmet. Upon cross-examination, Fallon testified that he searched park records and found no documents regarding prior accidents at this location. Further, he had not received any complaints about this location while he was park manager. Alan Gonseth, a civil engineer and bicycle accident reconstructionist, testified on behalf of claimant and inspected the accident scene the morning after it occurred. Gonseth described the road as a 24-foot-wide asphalt pavement without any markings. It slopes downward at a grade of 2
3 approximately 8.1 percent. He observed the road located across from campsite 23 as having three depressions with the largest located along the right edge of the pavement. The remaining two depressions were located in the middle and left side of the road. He also observed that there had been major repair work to the depression on the right side where a triangular piece of road had been cut out and patched. It was located at the edge of the pavement where a culvert ran underneath it. He opined that the packing around the culvert was not done properly, so that when it settled, it left a void underneath the road. Weight on the road eventually caused the road to fall into that void. Gonseth believed that the triangular piece was cut to fix that area, but it was not packed properly, causing the roadway to sink. Gonseth measured the depth of the depression as 3.5 to 4 inches in the center, on top of the fill that had been placed in it after the accident. He opined that it would be difficult to see the patched area on any approach from the north or south. He further opined that a cyclist going down the grade of this hill at a reasonable rate of speed, who encountered a depression like this one, could easily lose his or her balance and fall. NEGLIGENT REPAIR Claimant alleged that defendant's negligent repair of the roadway caused the depression that led to decedent's accident and death. In response, the State contended that the depression did not cause decedent's fall and even if it did, decedent assumed the risk of injury. According to the state claims court, claimant must establish by a preponderance of the credible evidence that defendant's negligence caused decedent's death. Under the circumstances of this particular case, the court noted that the State, as a landowner, had a legal duty to use reasonable care under the circumstances in maintaining its property in a safe condition : The duty to exercise reasonable care requires that the State, as the owner and operator of a recreational area, protect the public from foreseeable risks of harm. Like any other landowner, however, the State is not an insurer of the safety of those using the property for recreational purposes, and the mere happening of an accident does not render the State liable [L]atent hazards give rise to a duty to warn entrants and protect them from that danger. Even where the condition is open and obvious, a landowner's duty to maintain property in a reasonably safe condition is not obviated; it merely negates the requirement to warn of such a condition. In either case, however, a claimant must still demonstrate that the risk of harm was foreseeable because the State had actual or constructive notice of the condition and failed to act reasonably to remedy it. Where the landowner creates the dangerous condition that causes the accident, the landowner is deemed to have actual notice of such condition. 3
4 In this particular instance, the state claims court took note that a major repair had been undertaken at the depression located on the right side of the park roadway located near campsite 23. In so doing, the court found Gonseth s expert testimony persuasive that the repair was negligently undertaken in that it was not properly packed, thereby causing a sinking of the road, creating a depression. Further, the court noted the testimony of William and Sheldon that decedent's bike tire hit this depression and caused her to lose her balance and fall. While noting the triangular depression in the roadway, as evidence that the roadway had been repaired, the court found the State had produced no proof regarding how many times it was repaired, by whom or with what materials. In no doing, the court found the State had failed to rebut the testimony of claimant's engineer that the path was not constructed in accordance with good practice" Moreover, the court found the State had knowledge of the depression based upon the testimony of park manager Fallon. In his deposition, Fallon had testified that he was aware of the depression before the accident, [but] he did not request that repairs or modifications be made. Based upon such testimony, the court found the State had actual notice of this condition because the State had created it and failed to remedy it. Further the court found that the testimony of Sheldon and Gonseth indicated the depression was a latent hazard, i.e., it was on an incline with a curve, thereby making the depression difficult to see. As a result, the court found sufficient evidence had been produced to support a claim for negligence liability: [C]laimant has established a prima facie claim by demonstrating that the depression was a latent dangerous condition created by defendant, that not only defendant failed to warn decedent of this condition but also failed to remedy it, and that this condition caused decedent's fall and subsequent death. Having found that claimant carried his burden and established that defendant was negligent in the maintenance and repair of the road where the accident occurred, the court then considered the assumption of risk defense raised by the State. ASSUMPTION OF RISK The State had argued that assumption of risk was a complete bar to recovery because the decedent was "participating in a sport. As described by the court, under certain circumstances, assumption of risk may preclude liability when a claimant's injury results from the voluntary participation in a recreational activity : It is well settled that a voluntary participant in a sport or recreational activity consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation. A participant will not be deemed to assume the risk, however, if the risks were unique and resulted in a dangerous condition over and above the usual dangers inherent in the activity. 4
5 Factors to consider in the determination of whether a claimant assumed the risk are: the openness and obviousness of the risk, claimant's background, skill and experience, claimant's own conduct under the circumstances, and the nature of defendant's conduct. The most important factor is whether the risk is inherent in the activity. Applying these factors to the testimony presented, the court found the depression was not open and obvious. As a result, the court concluded that the decedent, a recreational bicyclist, who had not traveled on the roadway previously, did not assume the risk of encountering this type of unwarned hazard. Here, defendant presents no evidence that decedent saw the depression. Moreover, after reviewing all the photographs of the accident scene, the Court determines that the depression caused by the negligent repair was not discernable due to the decline and curve in the road. In making this determination, the court noted that this case involved a depression caused by a sinking repair which was not an ordinary rut or bump in the roadway, nor was it ordinarily caused by travel upon the road. In so doing, the court distinguished this depression from an inherent risk assumed by the cyclist, specifically the risk of encountering ruts and bumps while riding a bike over a rough roadway without a helmet [which] should be obvious to the experienced cyclist. Accordingly, the court rejected defendant's argument that decedent consented to this risk inasmuch as the risk was hard to see and was unknown to decedent since she had not previously bicycled on that road. The court, therefore, held that claimant's recovery is not barred by assumption of risk. DAMAGES Having found that claimant has established his claim by a preponderance of credible evidence, the court then considered the issue of damages. In assessing damages, the court refused to mitigate any damage award for decedent's failure to wear a helmet at the time of the accident. Specifically, the court found that [d]ecedent was not required to wear a helmet (see Vehicle and Traffic Law 1238 [5] [b]), and, furthermore, no persuasive testimony, medical or otherwise, was proffered to establish that her injuries would have been either avoided or reduced had she worn a helmet. Accordingly, the state claims court found decedent s son and daughter, William and Allison Phelan, were entitled to a collective award for damages for the wrongful death of their mother in the amount of $2,437,112, which included $2,200,000 for the loss of parental nurturing. 5
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The problem with finding new technology videos that are cool right after April Fools' Day is the distinct possibility that the video is fake. But in this case, I think it's a real video (if it isn't, then the joke's on me). Here's a report from DigInfo TV that talks about an interactive poster that reacts with different images when a person gets close to it (including kissing the picture).
There's about a million different applications for this if it's not a joke, and of course you can probably think of all of the nasty ones. I'm not sure this would have a market beyond Japan, though, it seems that kissing a monitor in a public space wouldn't be very hygienic.
Keith Shaw rounds up the best in geek video in his ITworld.tv blog. Follow Keith on Twitter at @shawkeith. For the latest IT news, analysis and how-tos, follow ITworld on Twitter, Facebook, and Google+.
Now watch: Watch how the Moon was formed Quad-rotors turn Back to the Future car into reality NASA scientist a massive buzkill on end-of-the-world theories


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VideoHive Valentine's Day 1423811
After Effects Project \ Openers \ Special Events
After Effects Project - Valentine's Day 1423811 by ElenaM @ VideoHive
After Effects Project \ Openers \ Special Events
After Effects Version: CS4, CS5; File Size: 146kb.
Congratulations road colleagues! This project is for the Day of St. Valentine, for a children's slide show. You can use photos and video footage.
It is very easy to adapt.
Change a footage in structure "Footage".
Change the text in structure "Text".
No plug-ins required. CS4 , CS5 . Music is not included in the project.
It is all!
Keywords: aircraft, birds, blue, children, clouds, day of St. Valentine, day of lovers, flying, love, sky, valentine's day.
Download Link


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About the Book
One rainy morning in NYC where hotel rooms are expensive and small. The Hotel Chelsea is neither. Eclectic by nature and eccentric by choice the Jackson Pollock room is the setting for model Malin B to explore it's charms.
Features & Details
- Category Fine Art Photography
Standard Landscape, 10×8 in, 25×20 cm
40 Pages
- Publish Date Apr 09, 2008
- Tags Photo story, nude photography, art photography, nude, photography
About the Creator
fine: adjective-of high quality, worthy of or eliciting admiration. art: noun-the expression or application of human creative skill and imagination, typically in a visual form such as painting or sculpture, producing works to be appreciated primarily for their beauty or emotional power. undressed: adjective-not treated, processed, or prepared for use. Stripped, not having a dressing. Without clothing. A mix of glamor and art with a large dose of the female form. Please contact us for print sales.
Log in or create an account to post a comment.


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To Jay Servidio & the staff at Teleteria:
Thank God! No more frustration and resentment over past mistakes with
other turnkey websites. (I could write a book, and my head is covered
with grey hair from the ordeals.) Now, it's onward and upward to
success. Teleteria made me believe again. With wonderful support from
Jay Servidio and his staff, a lot of patience and hard work on my part,
I'm now watching my business flourish. You guys warned me that it
wouldn't be easy at first, and it wasn't, but every month gets better.
I'm psyched! Thanks for always being at the other end of the phone for
me, Jay! It made all the difference, especially those first few weeks
when I didn't know if I could pull it off.
This is really a great business, and I love working from home in shorts
and T-shirts. My commute to work from my bedroom to my office (60
feet) definitely beats my former commute before I retired from the
union (50 miles each way!)
You came through with your promises, and to me, you're my hero!
Dennis K.
Atlanta, GA


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Cheltenham Double Header – Day 1
Join us for All-Weather Championship action in the heart of rural Nottinghamshire, the perfect opportunity to get together with friends and family.
Action will be live from Cheltenham as the Festival continues. Bookmakers will be taking bets on all racing at Cheltenham, with the detailed information in your racecard. Also, if you have a valid Cheltenham Festival ticket for 2017, you gain FREE entry.
We accept debit or credit cards – Visa, Mastercard, Switch or Delta. Please note that there is a card transaction charge of £2.00 for any card payments.


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Furniture Assembly & Repair
I paint yours or mine Chic,Old world.I have a huge inventory ready to paint the color you choose.. Buffets, Hutches, Vintage vanity's, desks, dressers, night stands, head boards, coffee tables end tables, accent tables, corner hutches shelving, benches, Dinning tables, Chairs, small cabinets, Much more!
Price varies on piece and color. I also offer painting your pieces and do repairs before painting. All hardware can be changed holes filled and new drilled. I can paint what every color you choose
Call Michelle


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Star Wars Japanese Style Towels
Love both Star Wars and everything Japanese? These cool Star Wars Japanese towels will surely captivate your heart. Having both C-3PO and R2-D2 posing under a sakura tree during spring is surely a rare sight. An even more interesting scene will be Yoda and Darth Vader squaring off on the waves along a cliff.
These beautiful traditional Japanese artwork on towels infused with fictional Star Wars characters will surely find their unique place in a Star Wars fan's collection.
They are available in 16 designs and here are some cool looking ones:
Death Star
C-3PO and R2-D2 under the Sakura Tree
Darth Vader vs Yoda
Imperial Stormtroopers
The limited edition Star Wars Japanese towels are created from a traditional Japanese dyeing method called NASEN and each design retails for 1480 yen at Strapya-World.


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Updated Wednesday:
An 18-year-old man has been arrested in connection to a fatal crash in April, officials said.
Camren Lamar Artis, 18, of Suffolk, was arrested following direct indictment and charged with involuntary manslaughter, reckless driving and texting while operating a vehicle, Suffolk city spokeswoman Diana Klink said in a news release.
He was released from Western Tidewater Regional Jail on a $5,000 bond, she said.
The three-car crash involving a pick-up truck and two passenger cars happened about 7:50 p.m. April 3. The driver of the pick-up truck was taken to the hospital with non-life threatening injuries. A driver of the Ford sedan, Duke...