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Horrific Crash Caused by Tired Truck Driver Results in $17.5 Million Settlement for Family
- Frederick Spencer
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1 SEARCY DENNEY SCAROLA BARNHART & SHIPLEY A REPORT TO CLIENTS & ATTORNEYS VOLUME 12 - NUMBER 1 PA Horrific Crash Caused by Tired Truck Driver Results in $17.5 Million Settlement for Family On a clear, sunny day in November 2006, Vince Modica drove to the Jacksonville, Florida, airport to pick up his wife, Judy. The couple then headed home, southbound on I-95. Nearing the Dunn Avenue exit, they came to a stop behind a line of vehicles stalled due to a disabled vehicle two miles further down the road. As they waited for the traffic to clear, a tractortrailer truck driven by Michael Wright, an employee of the Tree of Life, a health food distributor in St. Augustine, Florida, came barreling south on I-95. The truck slammed into the back of the Modicas car so hard that it pushed them into the back of a tractor-trailer truck in front of them. The Modicas vehicle was totally crushed and caught fire immediately. Vince and Judy Modica died, their bodies mangled and burned beyond recognition. The centerpiece in Vince and Judy s 43-year marriage was their family. They loved their two sons, Kevin and Brian, as well as their daughters-in-law and their grandchildren. Although they had both retired from long-term jobs some years earlier, they continued to work because they enjoyed the social interaction and the satisfaction of doing a good job. They were having fun, traveling, and enjoying work and family. Kevin and Brian were devastated by the loss of their parents in such a sudden and horrific way. Vince s brotherin-law, Dr. Orland Ghionzoli, was appointed personal representative for Vince and Judy Modica s estate. On behalf of Kevin and Brian, Dr. Ghionzoli asked SDSBS attorneys Chris Searcy and John Shipley to represent them. Mr. Searcy enlisted the help of attorney Howard Coker, Jacksonville, Florida, to assist in the trial. (Continued on page twelve.) Multi-Million Dollar Verdict Increased on Appeal Alan Schein and his company, Results Technologies, Inc., appealed. Ernst & Young asked that the entire judgment be thrown out. Mr. Schein and Results appealed entered into a business venture with Superior Bank. To assure himself of the bank s stability and the security of a reduction in the amount of their damages based his financial ties with the bank, Mr. Schein required that upon a finding that they had negligently contributed he be provided with the bank s audited financial statements prepared by accounting giant Ernst & Young. Ernst Court of Appeal rejected Ernst & Young s challenge to their own losses. In January 2012, the Fourth District & Young later, and without warning, acknowledged that and agreed with the plaintiffs that there was no basis it had made mistakes in determining the value of the for finding Mr. Schein and Results negligent. As a result bank s assets. As a result, Superior Bank was declared of this ruling, the judgment in favor of the plaintiffs was insolvent, taken over by federal regulators, and eventually closed down. Mr. Schein and Results lost the value of increased from $17.2 million to more than $30 million. SDSBS attorneys Jack Scarola and Patrick Quinlan their interests in the business venture. represented the plaintiffs, along with co-counsel Robert Mr. Schein and Results sued Ernst & Young for accounting malpractice. In July 2009, the jury returned appellate victory ended an eight-year legal battle Mayer, at both the trial court and appellate levels. Their a verdict in the plaintiffs favor, and the trial court against a large and powerful company that boasted of entered a judgment for $17.2 million. Both sides then its record of success in the courtroom. u
2 Chris Searcy Earl Denney Jack Scarola Greg Barnhart John Shipley Chris Speed Karen Terry Cal Warriner Brian Denney South Florida Legal Guide 2012 Edition Selects SDSBS as a Top Law Firm and Eight SDSBS Attorneys as Top Lawyers The 2012 edition of the South Florida Legal Guide selected SDSBS as one of their Top Law Firms. In addition, the publication named eight SDSBS attorneys as Top Lawyers Chris Searcy, Earl Denney, Jack Scarola, Greg Barnhart, John Shipley, Chris Speed, Karen Terry, and Cal Warriner. Top Up and Comers named in the 2012 Guide included Brian Denney. Top Law Firms are nominated on an annual ballot submitted by Top Lawyers. The nominations are then reviewed and the top 150 law firms are selected. Top Lawyers are selected in a peer nomination process. Top Up and Comers are nominated by Top Lawyers as the next generation of leaders in the south Florida legal community. u ATTORNEYS AT LAW: PARALEGALS: 2139 PALM BEACH LAKES BLVD. WEST PALM BEACH, FLORIDA TOLL FREE: LOCAL: FAX: THE TOWLE HOUSE 517 NORTH CALHOUN STREET TALLAHASSEE, FLORIDA TOLL FREE: LOCAL: FAX: ROSALYN SIA BAKER-BARNES F. GREGORY BARNHART T. HARDEE BASS III LAURIE J. BRIGGS BRIAN R. DENNEY EARL L. DENNEY, JR. BRENDA S. FULMER MARIANO GARCIA JAMES W. GUSTAFSON, JR. JACK P. HILL DAVID K. KELLEY, JR. CAMERON M. KENNEDY WILLIAM B. KING DARRYL L. LEWIS WILLIAM A. NORTON PATRICK E. QUINLAN EDWARD V. RICCI JACK SCAROLA MATTHEW SCHWENCKE CHRISTIAN D. SEARCY JOHN A. SHIPLEY CHRISTOPHER K. SPEED BRIAN P. SULLIVAN KAREN E. TERRY DONALD J. WARD III C. CALVIN WARRINER III VIVIAN AYAN-TEJEDA RANDY M. DUFRESNE DAVID W. GILMORE JOHN C. HOPKINS DEBORAH M. KNAPP VINCENT LEONARD J. PETER LOVE PABLO PERHACS ROBERT W. PITCHER KATHLEEN SIMON STEVE M. SMITH BONNIE STARK WALTER STEIN WEBSITES: NEWSLETTER VOLUME 12 NUMBER 1 MANAGER: JOAN WILLIAMS MANAGING EDITOR: ROBIN KRIBERNEY EDITORS: DIANE TRUMAN & PAULINE MUELLER HEADSHOT PHOTOS: MOYA PHOTOGRAPHY CREATIVE DIRECTOR: DE CARTERBROWN NOTE: The accounts of recent trials, verdicts and settlements contained in this newsletter are intended to illustrate the experience of the firm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of any other case. Omitting clients names and/or defendants names are the result of requests for anonymity.
3 Improper Electrical Wiring Results in Worker s Death In September 2005, 43-year-old Sam Smith (not his real name) headed off to work as an appliance installer. Sam, married and father of two little girls, was looking forward to celebrating his youngest daughter s birthday after work. Sam and his employer drove to Clermont, Florida, to install appliances in a newly-constructed home. Sam was installing a dryer vent on an interior wall of the home s laundry room when he felt a shock. His employer flipped the circuit breaker for the electrical line that brought power into the laundry room, thinking this would prevent any further problems. Shortly after, the employer heard Sam scream. He ran back into the laundry room and found Sam standing with his left hand on the dryer and his right hand on the dryer s metal vent hose. The hose was connected to the exhaust hood which was attached to the back wall. Sam was trembling and screaming as electrical current coursed through his body. Sam s employer ran for help. The employer and some of his crew returned to the room and found Sam collapsed on the floor. They applied CPR in an attempt to revive him as they waited for an ambulance. He was taken to a local hospital, but it was too late. Sam was pronounced dead at the hospital. What neither Sam nor his employer knew when they started the installation was that the project s electrical contractor had failed to properly secure an electrical line to the home s metal framing. Building codes and sound electrical contracting practices require all electrical lines to be firmly secured to the center of metal studs forming the framing of the home. The purpose of this requirement is to prevent the electrical line from being compromised by the screws used to install drywall on the front and back faces of the metal studs. If the wire is not firmly secured to the middle of the stud, a drywall screw could penetrate the wire. This is precisely what happened in this case. An inspection of the home conducted shortly after the incident revealed the cause of Sam s death. When the interior wall was opened up, it was clear that an electrical wire had never been properly restrained. The drywall contractor failed to see that one of the electrical wires was not properly secured and, during drywall installation, the wire was punctured by two drywall screws. One of the screws penetrated the wire s protective sheath, making contact with the wire itself. The result was that a portion of the home s metal framework was electrified, including the section of the wall where Sam was installing the dryer vent. The electrical line that was switched off by Sam s employer was a different line than the one damaged by the drywall screw. Turning off power to the laundry room did not stop the flow of electricity to the rest of the house. Sam was completely unaware of the hidden, latent danger that had been created by substandard electrical work. Sam s widow, Sally Smith (not her real name), contacted SDSBS attorneys Chris Searcy and Jack Hill and asked them to represent the Smith family. The first task was to determine which entities were legally responsible for Sam s death. The circumstances were complicated, both factually and legally. The drywall contractor s insurer was convinced fairly soon about the enormity of the damages, and their insured s liability for failing to see the unrestrained wire. The insurer accepted SDSBS s demand for the full policy limit of $1 million. Because Sam s death occurred while performing work in the course and scope of his employment, recovery against all the culpable parties was made more challenging by Florida s workers compensation laws. All defendants, to one extent or another, argued that their responsibility for Sam s death was shielded by workers compensation. The prosecution of the Smith case involved two separate appeals to Florida s Fifth District Court of Appeals on the issue of workers compensation. Mr. Hill successfully argued that the electrical contractor should not enjoy horizontal immunity pursuant to Florida s workers compensation laws. The electrical contractor s appeal was rejected by the appellate court. Shortly after receiving the appellate court s ruling affirming the trial court s decision, the case against the electrical contractor was settled for $2.5 million. During the course of litigation, there were additional settlements with other defendants for confidential amounts. Although the money recovered for the wrongful death of Sam will never be enough to compensate Sally and their daughters for their loss, it will go a long way towards providing for their future. u Mr. Hill successfully argued that the electrical contractor should not enjoy horizontal immunity pursuant to Florida s workers compensation laws. The defendant s appeal was rejected by the appellate court s ruling. The case was settled for $2.5 Million. SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, PA 3
4 Speaking Opportunities Chris Searcy participated in the Masters in Trial seminar presented by the Palm Beach County Chapter of the American Board of Trial Advocates (ABOTA), held January 27, 2012, at the Marriott Palm Beach Gardens, Palm Beach Gardens, Florida. The seminar presented a mock trial demonstration from opening statements to jury deliberations, complete with judge, jury, witnesses, experts, and courtroom visuals. As a member of the Plaintiff s Team, Mr. Searcy provided the opening statement. A primary goal of ABOTA is educating lawyers in the art of trial advocacy. u Greg Barnhart spoke at the Florida Justice Association s seminar, Advocacy in the State Legislature Lobbying Techniques to Protect Your Practice and Effectively Represent Your Clients in Tallahassee, held January 10, 2012, at the Riverside Hotel in Fort Lauderdale, Florida. His topic was Lobbying 101 for Fun and Profit. On January 12, 2012, Mr. Barnhart spoke at a combined meeting of The Palm Beach County Bar Association and the Broward County Bar Association, on the topic of Effective Techniques of Lobbying the Legislature on Civil Justice Issues. Mr. Barnhart also spoke at the Florida Bar s Annual Civil Trial Certification Review 2012 Seminar, held at the end of January 2012 in Orlando, Florida. The topic of this presentation was Trial Skills: Opening and Closing Arguments. u Brenda Fulmer spoke to the Trial Lawyer Section of the Martin County Bar Association at a meeting held in January 2012 in Stuart, Florida. Her topic, Mass Tort Litigation Basics, covered how mass tort cases are litigated and provided an overview of several cases involving drug and medical devices. u (Continured on page eleven.) Hallgren v. Reynolds and Philip Morris: Eighth SDSBS Victory in Engle Progeny Trials In January 2012, SDSBS attorneys Brian Denney and Hardee Bass tried the first Engle tobacco trial held in the Tenth Judicial Circuit Court in Highlands County, Florida. After a hotly contested three week trial, the jury awarded 92-year-old Theodore Hallgren $3.5 million against Philip Morris USA Inc. and R. J. Reynolds Tobacco Company for the wrongful death of his wife, Claire. She had died of lung cancer after nearly 60 years of smoking cigarettes made by the two companies. The verdict included $1.5 million in punitive damages. This was the eighth victory in Engle progeny cases tried to verdict by SDSBS. Claire Hallgren started smoking as a teenager nearly 30 years before the first warning labels appeared on cigarette packs. Under the standard required by the Florida Supreme Court s Engle decision, plaintiffs had to prove an addiction to nicotine, and that the addiction was the cause of death. The jury was asked numerous questions on the verdict form concerning whether Claire Hallgren relied on statements or omissions of the defendants. The jury answered all of the questions on the verdict form in favor of Mr. Hallgren. Theodore and Claire Hallgren met at Chicago s Hurst High School in They were married four years later, shortly before the U. S. Army deployed Theodore to Europe to fight in the war. After the war was over, the Hallgrens settled in the Chicago area. They moved to Florida in Claire continued to smoke throughout her adult life despite numerous efforts to quit. Her addiction to nicotine was powerful, a direct result of the tobacco companies intentional marketing efforts. Claire was eventually diagnosed with lung cancer, and she later died. Theodore Hallgren s lawsuit was part of the original 2006 Engle class-action case. The jury in this case was presented with a lot of evidence of tobacco industry conduct and practices, covering a large span of time, Denney said. The jury s verdict is not only an indication that they understood the addictive power of nicotine, it is also recognition that these defendants deserved punishment for their intentional misconduct. u 4 OF COUNSEL NEWSLETTER VOLUME 12 NUMBER 1
5 Ward v. R. J. Reynolds and Liggett: Ninth SDSBS Victory in Engle Progeny Trials In January 2012, a Pensacola, Florida, jury awarded $2.7 million to the husband of an Engle class member who died from chronic obstructive pulmonary disease after nearly 50 years of smoking cigarettes produced by R. J. Reynolds Tobacco Company and Liggett Group, L.L.C. It was the ninth trial victory in as many Engle progeny cases tried to verdict by SDSBS. Mattie Emma Ward started smoking as a 13-year-old girl in At that time, it seemed like everyone smoked even world-class athletes, physicians, actors, broadcast journalists on radio and, later, on TV. People smoked in schools, movie theaters, their workplace, and even hospitals. Cigarette advertising was directed at young people, and physicians were used in those advertisements to make unsubstantiated health claims. By age 22, Mattie Ward was a daily smoker; by age 25, she was smoking a carton of cigarettes a week. Despite repeated efforts to quit smoking, Mrs. Ward was unable to overcome her one- or two-pack-a-day addiction to cigarettes. In 2000, she was hospitalized with double pneumonia. In January 2005, at the age of 68, Mattie died from advanced chronic obstructive pulmonary disease. Following Mattie s death, Erskin Donal ( Don ) Ward, Mattie s husband, brought a wrongful death claim against the tobacco industry to pursue his wife s rights as a member of the landmark Engle class action case. In July 2006, the Florida Supreme Court s decision in Engle v. Liggett permitted individual litigation by a defined group of smokers, or their surviving family members, who had been part of the original class action to file suit. The individual suits (l-r:) SDSBS partner, Jim Gustafson; Don Ward, surviving spouse of smoker, Mattie Ward; and co-counsel, Matt Schultz, with Levin Papantonio Thomas Mitchell Rafferty & Proctor. would have to show that certain smoking-related illnesses manifested in the smoker between May 1990 and November Mr. Ward retained SDSBS attorney Jim Gustafson to represent him. Shortly before trial, Matt Schultz of Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A., who had successfully tried three Engle cases to verdict including the landmark Martin case, joined Mr. Ward s trial team. It was the first joint effort in an Engle case between SDSBS and Levin Papantonio, and it proved to be successful. The jury unanimously found that Mattie Ward s addiction to the nicotine in cigarettes was the legal cause of her death. The jury also unanimously found that Reynolds and Liggett had intentionally concealed, or agreed to conceal, the health effects or addictiveness of cigarettes from Mrs. Ward, a legal cause of her death as well. The jury awarded Mr. Ward $1 million for the wrongful death of his wife, and imposed punitive damages in the amount of $1.7 million against Reynolds. The defense had focused on Mrs. Ward s choice to continue smoking, and had defended the industry s lies over the past 50 years. The jury also found Mrs. Ward 50% responsible for her own death. In opening statements, Jim Gustafson asked the jury if Mrs. Ward s addiction had substantially contributed to her daily use of cigarettes for 40 to 50 years. Added Mr. Gustafson,... the evidence will be what we all know to be true, and that is: what else does nicotine addiction do than to cause you to keep smoking and exposing yourself to that stuff day after day after day? That s why these companies celebrated it. The truth about what this industry does is an eye-opening tale of arrogance and disdain for the health and lives of Americans. u SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, PA 5
6 Your Right to Know About Adverse Medical Incidents If you were a patient under the care of a doctor, or in a hospital or other health care facility, would you want to know whether anything bad happened to you while you were being treated? For years, health care providers in Florida could withhold from a patient records created as a direct result of an adverse medical incident that occurred during the patient s care. In 2004, Floridians amended the state constitution to end this practice, and to give patients the right of access to all records made or received as a result of an adverse medical incident. Amendment 7 of the Florida constitution reads in part: (a) In addition to any other similar rights provided herein or by general law, patients have a right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident. (b) In providing such access, the identity of patients involved in the incidents shall not be disclosed, and any privacy restrictions imposed by federal law shall be maintained. Records involving an adverse medical incident are any records pertaining to medical negligence, intentional misconduct, and any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient. Since the passage of Amendment 7, health care providers have filed numerous objections in attempts to prevent patient access to their records. Circuit and appellate court decisions throughout the state were inconsistent in deciding on these objections. In January 2012, the Florida Supreme Court ruled in the case of West Florida Regional Medical Center, Inc., etc., v. Lynda S. See, et al (No. SC ) and rejected all the objections and arguments presented by the hospital. The Court reaffirmed the unambiguous language and intent of Amendment 7. (l-r:) Pamela McIver, Jack Scarola and Lord s Place CEO Diana Stanley. Jack Scarola recognized for his 30-year fight to help the homeless Jack Scarola was recognized for his nearly 30-year fight against homelessness when he was honored with the annual Ending Homelessness Award presented by The Lord s Place, an organization that provides support for the most vulnerable and neglected homeless men, women, and children in Palm Beach County, Florida. The presentation was made during the 2011 Ending Homelessness Breakfast held at the Kravis Center in West Palm Beach. The Lord s Place CEO, Diana Stanley, described Mr. Scarola s early activism in 1983 when they were collecting coins to help the organization get started. Almost thirty years later, The Lord s Place is a large, nonprofit organization that just in 2010 alone supported nearly 500 homeless individuals. u For more information on The Lord s Place, visit Despite the ruling from the Supreme Court, health care facilities and providers will likely continue to withhold records from patients concerned with adverse medical incidents. If you or a loved one have been injured as a result of medical malpractice, it is important to contact an attorney who specializes in this field, and who will pursue your rights to have access to your records. u 6 OF COUNSEL NEWSLETTER VOLUME 12 NUMBER 1
7 Failure to Monitor Antibiotic Therapy at Nursing Facility Results in Death On September 12, 2007, 66-year-old Holly DeRosa heard the landscapers start their lawnmowers and she rushed outside, knowing that her domesticated pet raccoon, Patches, would be frightened. For years, Holly and her husband, Michael, a quartermaster at the North Palm Beach Police Department, kept a number of exotic pets and were properly licensed to do so. Patches had been at their home for over eight years. When Holly reached down to pick up the animal, it was startled and scratched her on the leg. She brought Patches in the house, then cleaned and bandaged her leg. The following day, her leg started to swell and she began to feel ill. Holly called Michael at work and told him that she was not feeling well. When Michael came home, he immediately took his wife to a clinic where she was given a tetanus booster and some antibiotics. When she awakened the next morning, she noticed her leg was very swollen and patchy red in places. Again, she phoned her husband at work. Recognizing the severity of her condition, he told her to call for an ambulance and get to the hospital. When Holly arrived at Palms West Hospital in Loxahatchee, Florida, she was admitted with a preliminary diagnosis of cellulitis, a very serious infection. She was placed on a broad-spectrum antibiotic via a PICC line a peripherally-inserted central catheter typically used to administer treatments such as antibiotics to patients in acute care. Holly remained an inpatient at Palms West for ten days. Throughout her care there, she received antibiotics through the PICC line, carefully monitored by her treating physicians. On September 24, 2007, Holly was discharged to the Manor Care/Heartland nursing facility in Palm Beach Gardens for continued antibiotic therapy and rehabilitation. Palms West medical records indicated that, at the time of her discharge, Holly had an excellent prognosis and was responding well No physician documented Holly s arrival at Manor Care, nor confirmed her treatment plan. Four doctors were assigned to Holly s care and not one ever came to the facility to monitor her. Michael and Holly DeRosa. to the antibiotics. On the day of discharge, her physician personally checked and flushed Holly s PICC line to make sure it was functioning properly. He confirmed his order that Holly was to receive the antibiotics throughout her stay at Manor Care. Admission records at Manor Care indicated that no physician documented Holly s arrival, nor confirmed her treatment plan. Four doctors were assigned to Holly s care and not one of them ever came to the facility to monitor her condition. Each day Michael visited Holly at the nursing facility, and each day he noticed his wife s condition deteriorating. He asked Holly how she felt, and Holly said she had complained to Manor Care staff of problems with the PICC line. She believed that she was not receiving the antibiotics. Michael tried to follow up on Holly s complaint, but not one of the doctors was available to talk with him. Holly pleaded with Michael, Please get me out of here. On the third day of her stay at Manor Care, the nursing staff finally examined the PICC line and found it had malfunctioned. Holly had not been receiving the antibiotics. An outside healthcare provider confirmed the PICC line malfunction and advised that Holly be transferred to a hospital to have the PICC line reinserted. Holly was finally transferred to the Palm Beach Gardens Medical Center the next day. (Continued on page twelve.) SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, PA 7
10 Distracted Driving... A Few Deadly Dangerous Seconds Newspapers and broadcast news are full of stories these days about ghastly accidents caused by distracted drivers. Every day, people climb into motor vehicles and proceed to text, make and receive calls on a cell phone, check s on a smart phone or laptop, eat and drink, apply make-up or shave, read maps and newspapers, use a digital navigation system, watch a video, or adjust the car s radio, CD player, or other equipment. These drivers are behind you, in front of you, and on each side of you, and may even be you. These people are under the impression that they are multitasking getting the most of each moment in their day by successfully doing two, three, even four tasks at one time one of which is propelling a vehicle weighing anywhere from 2,500 lbs to well over 80,000 lbs down a highway at speeds from very slow to very, very fast. It is no wonder that the U. S. Department of Transportation s National Highway Traffic Safety Administration reports that in 2009, 5,474 people were killed in crashes involving driver distraction. A full 20% of injury crashes in 2009 involved reports of distracted drivers, with 448,000 people injured. no im nt bsy omg! jst drvng Multitasking is a myth. Human brains do not multitask they select. Your brain is constantly engaged in the process of picking and choosing what it needs to focus its attention on at any given second. For every piece of information placed in front of your brain, it must select the information it wants to process, process that information by sending instructions and additional information to the body, encode the information to memory and store it, retrieve the information and related data, and execute the body s actions in response to that information. Eating a drippy hamburger, sipping coffee, checking the highway signs, confirming the route on your map, answering the cell phone and responding with a text message, watching all of the traffic around you, and checking to see if your hairstyle has been mussed by the wind all of these tasks are firing information at your brain at the same time. Periodically, the brain goes into overload and the brain s owner slips into a condition known as inattention blindness. In January 2004, a 20-year-old woman drove through a red light while talking on her cell phone. Witnesses reported that she was looking straight ahead through her windshield at the red light and right-of-way vehicles crossing her path. One of those vehicles held a 12-year-old boy who was killed when she crashed into it. Nearly all of NHTSB s reports show that texting is the worst culprit in distracted driving. Drivers take their eyes off the road an average of 4.6 seconds out of every 6. This is the equivalent, at 55 miles per hour, of driving the length of an entire football field with your eyes shut. Texting drivers are 23 times more likely than nontexters to be involved in a crash or near-accident. And, to scare you even more, in June 2011, more than 196 billion text messages were sent or received in the U. S., up nearly 50% from June It is clearly time to stp txtg. Use hands-free cell phones. Preferably, stop using any phone at all while driving. u Young Woman Dies in Auto- Truck Collision On the evening of March 29, 2011, Liz Mariaca suffered a parent s worst nightmare: she was told that her 18-year-old daughter, Jahmila Bertie-Mariaca, and Jahmila s best friend, Mazelle Demeraski, had both been killed in a horrific car crash. Ms. Demeraski was driving on a south Florida highway when a tractor-trailer turned onto the roadway right in front of the car. Nothing could be done to avoid the crash. Both young girls were killed and a rear-seat passenger was injured. Seeking legal recourse for this tragic accident, Ms. Mariaca retained SDSBS attorneys Jack Scarola and Patrick Quinlan. The attorneys successfully orchestrated a comprehensive, multi-party settlement. The case was complex, involving multiple law firms, limited insurance coverage on the truck, and a separate underinsured motorist claim. Within 90 days of the incident, a settlement was reached for Jahmila s family. While no amount of money can compensate Ms. Mariaca for the loss of her daughter, the firm was pleased to assist in bringing this matter to a speedy and successful resolution. u 10 OF COUNSEL NEWSLETTER VOLUME 12 NUMBER 1
11 (Speaking Opportunities, continued from page four.) Mariano Garcia, a member of the Fifteenth Circuit Judicial Nominating Commission, was a panelist at the Road to the Bench/Road to the JNC seminar organized by the Florida Association for Women Lawyers, and sponsored by the F. Malcolm Cunningham Bar Association, the Palm Beach County Hispanic Bar Association and The Palm Beach County Bar Association s Diversity Committee. The seminar was held January 19, 2012, in West Palm Beach, Florida. On February 17, 2012, Mr. Garcia was a guest speaker at a Naturalization Ceremony held in the Federal Courthouse, West Palm Beach, Florida. Judge Kenneth Marra presided over the ceremony. Mr. Garcia gave the Welcome to New Citizens address to 49 immigrants from 29 countries, after they took the oath of citizenship. u SDSBS Websites: Log on to... or for the latest news and information on our firm, attorneys, articles, cases, etc. Log on to... for the latest news and information on Mass Torts (where many people are harmed in a similar way, usually by a drug, medical device or a product.) Log on to... for the latest news and information about our firm in Spanish. Phyllis Neumeyer with granddaughter Phyllis Stewart. Active Senior Injured by Grocery Store Carts In May 2011, Frederic and Phyllis Neumeyer drove to the Winn Dixie store in Jensen Beach, Florida, for some grocery shopping. After shopping was completed, Mrs. Neumeyer exited through the store s west entrance, and was abruptly knocked onto the concrete floor by an employee running a string of shopping carts from the parking area into the store. Mrs. Neumeyer suffered an intertrochanteric fracture of her right hip which would require major surgery and screws to secure the fractured bones. Prior to the incident, Mrs. Neumeyer was a spry 85- year-old who was devoted to her husband, children, and grandchildren. She was the owner and curator of her own antique collection which she had maintained since She was actively involved with the St. Lucie Chapter of the Questers, a group devoted to restoring historical buildings on Florida s Treasure Coast. Following the injury, Mrs. Neumeyer required substantial physical therapy. The quality of her life, and that of her family, suffered greatly. According to documents, the Winn Dixie employee responsible for Mrs. Neumeyer s injuries had approached the store s exit doors with a line of carts in a manner clearly in violation of the store s policies and procedures. The Neumeyers asked SDSBS attorney Ed Ricci to represent them in an action holding Winn Dixie liable for their employee s actions. In December 2011, the Neumeyers reached a settlement for $250,000. In response to this incident, Winn Dixie provided the employee who knocked Mrs. Neumeyer down with additional training on how to properly return shopping carts from the parking lot to the store. Unfortunately, Mrs. Neumeyer passed away in February She is survived by her husband, Frederic, son, daughter and son-in-law, and three grandchildren. u SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, PA 11
12 Failure to Monitor Antibiotic Therapy at Nursing Facility Results in Death (Continued from page seven.) Medical records at Palm Beach Gardens Medical Center indicated that Holly s condition had substantially worsened from the date of her discharge from Palms West. The infection in her leg had spread to her ankle and foot. She had developed open sores and signs of necrosis. Palm Beach Gardens Medical Center began emergent antibiotic care for Holly. However, the spread of the infection worsened and she now required debridement surgery to remove necrotic tissue. Despite massive efforts to control her infection, Holly went into septic shock and suffered multi-system organ failure. She died on October 3, Her family was devastated. Michael contacted SDSBS attorneys Karen Terry and Brian Sullivan and asked them to represent him in an action challenging Manor Care s lack of care for Holly. An aggressive investigation of medical records, along with depositions from defendant physicians and nurses, revealed that Manor Care staff had ignored the directive for Holly s antibiotic therapy. Their failure to monitor her PICC line function and physical condition had resulted in her untimely death. On the eve of the summary jury trial, defendants jointly settled the case for $1.56 million. Michael DeRosa mourns the loss of his wife and soul mate. He continues his work for the local police department. He still finds time to volunteer at his church and provide care for the animals Holly loved so much. u Horrific Crash Caused by Tired Truck Driver Results in $17.5 Million Settlement for Family (Continued from page one.) The defendants were willing to take partial responsibility for the accident, but they denied any responsibility for punitive damages. The driver, Mr. Wright, gave differing statements as to how the accident occurred. His basic story was that he was looking in his mirrors and towards the on ramp to see if there were any vehicles getting ready to enter the highway. SDSBS hired an accident reconstructionist, Dr. Brian Pfeifer, to determine the view that Mr. Wright would have had immediately before the accident, and to prepare an animation to show what happened. The animation showed that Mr. Wright would have had a view of the truck in front of the Modicas vehicle 14 seconds prior to impact. The animation also showed that Mr. Wright would have had a complete view of the Modicas vehicle, stopped or slowing to a stop, 10 seconds before impact. In the distance of over 1,000 feet, the driver could have brought his truck to a complete stop before hitting the car in front of him. What was the truck driver doing? After an extensive investigation, the attorneys were able to demonstrate that the driver had been consistently working more hours than allowed under federal regulations. The driver and the company were covering the excessive hours by not logging all of the driver s hours on duty. They specifically failed to record the driver s pre- and post-trip inspections. There was also a question as to whether the company was involved in tampering with the XATA system used on the truck to track driving times and locations. On the day before the accident, Mr. Wright had worked from approximately 3:30 a.m. until at least 8:15 p.m. This would have been two hours in violation of the hours of service regulations. The driver had testified that he did not leave the Tree of Life facility until 6:30 a.m., the day of the crash. However, attorneys for the Modicas estate were able to show that he could not have completed all of his deliveries on the day of the accident unless he had gone on duty much earlier than 6:30 a.m. Additionally, Mr. Wright lived almost an hour s drive from work. He had almost no time to sleep in the short time he was off-duty. Hours of service regulations require 10 continuous off-duty hours after a day of driving. Therefore, it was illegal for the Tree of Life to dispatch Mr. Wright as a driver on the day of the accident. After two and one-half weeks in trial, the defendants finally grasped the magnitude of their negligence. The case was settled for $17.5 million. Although no amount of money could make up for Kevin and Brian s loss, they feel some justice has been gained in being able to describe to the judge and jury the tremendous grief they experienced in losing both parents in a horrible and senseless tragedy. Every day our highways are crowded with commercial drivers hauling goods across America. Kevin and Brian Modica hope that these drivers and their employers take notice of this tragic case, and that they accept their responsibility to comply with the federal and state laws that restrict work hours in order to maximize safety for everyone. u 12 OF COUNSEL NEWSLETTER VOLUME 12 NUMBER 1
13 Accolades (l-r) Pat Quinlan, Chris Searcy, Mariano Garcia, Jack Scarola and Greg Barnhart. SDSBS attorneys attend Palm Beach County Bar Association s Membership Luncheon in West Palm Beach In November 2011, SDSBS attorneys attended the Palm Beach County Bar Association s Membership Luncheon held at the Marriott Hotel, West Palm Beach, Florida. u Receive our regularly published articles Friend us on Facebook at Searcy Denney Jack Hill re-elected member of the board of directors of Palm Beach County Justice Association for another two-year term Jack Hill was elected to another twoyear term as a member of the board of directors of the Palm Beach County Justice Association. Elections took place during the annual dinner held in January 2012 at the Marriott City Place, West Palm Beach, Florida. u Brian Denney selected for membership in National Trial Lawyers Association Top 40 Under 40 In December 2011, Brian Denney was selected for membership in the National Trial Lawyers Association Top 40 Under 40. Mr. Denney was one of only 40 trial lawyers from Florida to be selected. Membership in the association is by invitation only, extended exclusively to those individuals who exemplify superior qualifications, trial results, and leadership as young trial lawyers. u SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, PA 13
14 Taking... Brian Denney keeping time for the Third Annual Lawyer s Variety Show The Palm Beach County Bar Association s Third Annual Lawyer Variety Show was held in January 2012 at the Eissey Theatre in Palm Beach Gardens, Florida. Brian Denney played drums with three different bands comprised of members of the Bar Association. u The Bike Team of SDSBS helped out Jack the Bike Man with unpacking, adjusting and helping kids get their bikes For years, Jack Hairston (a.k.a. Jack the Bike man ), gathered old bikes, new bikes, pieces and parts of bikes to make repairs, and then gave them to children in need. There are, nearly always, more children in need than bikes. In December 2011, SDSBS pitched in to help Jack the Bike Man. They helped give away almost 800 bicycles to needy kids in Palm Beach County, Florida. The SDSBS Bike Team gathered at Jack s warehouse to unpack bike helmets and get the bikes ready to distribute to an overwhelming number of kids waiting outside the warehouse. Team members fitted each child with a bike helmet, took them inside the warehouse to pick out a bike, then helped adjust the bike to the child s size and need. Helmets were checked a second time and each family received a bilingual handout on helmet safety. Many of the kids got their first bike that day, and the wonderful freedom that comes with it. Smiles were flying from bike riders to the Team members, and back. u Gold Coast Down Syndrome organization supported by SDSBS Employees with their Buddy Walk and Casual Day events In October 2011, SDSBS employees participated in the 17th Annual Buddy Walk to promote awareness, acceptance, and inclusion of individuals with Down Syndrome. The event was hosted by the Gold Coast Down Syndrome Organization in John Prince Park, West Palm Beach, Florida. The Walk was attended by 2,500 people and generated $125,000 in funds that will be used to support local programs. The Walk is a heart-warming event that celebrates the many accomplishments of individuals with Down Syndrome, and creates a positive awareness in the community. In March 2012, SDSBS employees participated in a Casual Day to support World Down Syndrome Day. For a $1 donation, employees got to Dress Down for Down Syndrome while raising funds to support this organization. u 14 OF COUNSEL NEWSLETTER VOLUME 12 NUMBER 1
15 Employees in SDSBS Tallahassee office participate in Turkey Trot Race to support The Refuge House, The Shelter, and Boys and Girls Clubs SDSBS employees participated in the 36th Annual Tallahassee Turkey Trot 5K Race held on Thanksgiving Day 2011 to raise funds to support The Refuge House, The Shelter, and Boys and Girls Clubs of the Big Bend. The Refuge House and The Shelter provide support and emergency shelter for north Florida s victims of domestic and sexual violence. The Boys and Girls Clubs offer after-school and summer programs for several hundred kids at four Club locations in Gadsden and Leon Counties. u Kelsey Burke elected paralegal representative to Palm Beach County Hispanic Bar Association board Kelsey Burke was recently elected paralegal representative to the board of directors of the Palm Beach County Hispanic Bar Association. The paralegal representative attends PBCHBA s executive board meetings to assist with issues affecting paralegal members. Her duties will also include assisting in planning and implementing PBCHBA events and in recruiting new members. u SDSBS Team joins in Lawyers for Literacy event supporting Literacy Coalition of Palm Beach County Attorneys Earl Denney, Jack Scarola, and Brenda Fulmer participated in the Palm Beach County Bar Association s Lawyers for Literacy program held in November 2011 at the Adult Education Center in West Palm Beach, Florida. This annual event, held in partnership with the Literacy Coalition of Palm Beach County, provided an opportunity for adult students to hear local attorneys describe how reading enriched their careers in law, and how important it is to continue their education in order to achieve their dreams and goals. u SDSBS Tallahassee office donate printers and ink cartridges to The Sharing Tree, a reusable resource center for community organizations The staff of the SDSBS Tallahassee office recently donated seven laser jet printers and five laser jet cartridges to The Sharing Tree in Tallahassee, Florida. The Sharing Tree is a public/nonprofit partnership founded by Leon County Schools, Goodwill Industries Big Bend, Inc., Sustainable Tallahassee, Inc., and the Leon County government. The organization s mission is to establish a reusable resource center for donated new and gently used materials which are collected and redistributed to educators, artists, and the broader learning community in Leon County. Working together, the partnership inspires the entire community to reuse and recycle. u SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, PA 15
16 VOLUME12 NUMBER 1 P. O. BOX 3626 WEST PALM BEACH FLORIDA In this issue... Horrific Crash Caused by Tired Truck Driver Results in $17.5 Million Settlement for Family Page one Multi-Million Dollar Verdict Increased on Appeal Page one South Florida Legal Guide 2012 Edition Selects SDSBS as a Top Law Firm and Eight SDSBS Attorneys as Top Lawyers Page two Distracted Driving... A Few Deadly Dangerous Seconds Page ten AVIATION & RAILROAD DISASTERS BOATING & WATERCRAFT INJURIES CATASTROPHIC VEHICLE ACCIDENTS COMMERCIAL DISPUTES CONSTRUCTION DEFECTS DEFECTIVE DESIGN INTELLECTUAL PROPERTIES MASS TORTS MEDICAL MALPRACTICE PREMISES LIABILITY PROFESSIONAL LIABILITY TRUCKING ACCIDENTS UNSAFE PRODUCTS WILL AND TRUST DISPUTES WEST PALM BEACH TALLAHASSEE
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My call out for 2015 was that client accounting services would grow substantially within all firms, and it has. A record number of firms have crossed the threshold and are moving their client's accounting and bookkeeping functions to the cloud. In fact, Intuit's® QuickBooks® Online subscribers increased to over 1 million by June of 2015. This trend will continue at a rapid pace, as more and more businesses are starting up, and accountants, bookkeepers and advisors are utilizing the cloud connectivity to be able to provide more advisory services and real-time data.
My predictions for 2016 revolve around workflow and automation:
- Workflow and Automation tools will eliminate data entry on the front end of all accounting systems.
- Firms will offer more Business Processing Outsourcing (BPO) & Advisory Services.
I predict the intake process will change from one of manual data entry of transactions to digital capturing of invoices and receipts through auto fetching, via a Hubdoc-type of application or the capturing of an invoice through one of the tools listed below. Choosing one over the other is based on personal user needs.
Using Hubdoc, ReceiptBank, Expensify and Tallie, you pick and choose based on the services you are rendering for your client. If you need to obtain approvals before invoices are paid, you could add in another tool, such as Bill.com, which slashes bill approval and payment time by 50%.
In the diagram below, data funnels into QuickBooks Online (QBO):
While in QBO, the accountant can turn on the options to:
- Automatically schedule and send transactions
- Generate automated invoices for electronic dispatch
- Get your client paid faster via ACH or credit card payment
- Do auto bank feeds (real time bank transactions)
- Auto feed credit cards transactions and auto reconciliation
- Automatically share strategic reports, even to users not in QBO
- Generate checks automatically, in addition to many other options for automation, based on the niche need
This automation addresses the problem that firms are facing, in that they can't find employees to do this low-level data entry work. At the same time, this digitalization of the practice makes it easier to change to value pricing and add in advisory services. As information comes out of QBO, it's also feeding the business intelligence and analytical funnel. The various tools that are automatically receiving this information include the following:
- Qvinci: Click on this video that explains it.
- Fathom: Click on this video that explains it.
- LivePlan: Click on this video that explains it.
These tools actually automate the advisory services end of the business because they give you the information necessary to make the decisions to assist your client.
There are many other automation tools that work with the QuickBooks Online, such as TSheets, which eliminates manual functions. They are adding scheduling to their tool as I type this.
To reiterate, it is all about putting the right tools together to work with the accounting system's platform to automate what we, as professionals, used to do manually.
Let's see if I am three for three at the end of 2016 with my predictions, predicting that workflow and automation tools will eliminate data entry on the front end, and that BPO and advisory services will become major revenue streams for firms.
About David Bergstein
David Bergstein David Bergstein CPA, CITP, CGMA, is a thought-leader in Technology Issues in the Accounting Firm, such as Wireless, Paperless Workflow, Apps, Cloud and Mobile. David has been in the accounting industry for many years and has been a practicing accountant since 1966. While at the IRS he held various positions: Agent, Trainer, Speaker and Technical Chief. He received his CPA and a master's in Taxation from Long Island University's CW Post College. He was an accounting professor at Suffolk County Community College in New York for over 15 years. He blogs on technology and new ideas in the global information industry, and has a popular Twitter following. He hopes to help CPA's understand the true power of Intuit's offerings that allow them to become strategic advisors to their clients and increase their revenues and niche specialties. In 2011, he was the recipient of the "On the Edge" Innovation Award from the Leading Edge Alliance, which recognizes industry leaders for their vision and significant contributions to the accounting profession. In 2012, he received the "Brand Ambassador" award from Enterprise Worldwide. Specialties: Please contact him if you are looking for a speaker for your group on: - Growing and automating your accounting practice - The future of the accounting profession - Top tech tools See all of David's articles…
You can also visit David's Website
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text:
This story starts, as our favourite tales do, on a blue note.
More Indigo meditation,
(Read about the first Blue period HERE.)
and a jacket in the works.
So we pull out the blue thing and start dreaming up combinations:
And then we find a remnant of a very old flag gypsy gave us.
(this is Gypsy, in case you wanted a visual of our secret fabric source:)
And this is the part of the very old flag:
We opt for a little red trim:
And begin quilting, row after row of neat navy stitches:
Things start to come together.
(The best things happen when we wear our Mexican Rosary beads)
And thats the story of our newest INDIGO girl.
We'd say more, but we're kind of too busy admiring how pretty she is.
Want to Blue yourself too? Go HERE.
And may we suggest, some reading material? Its our new blue Bible:
Electric Blue:


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Dr Drum Beat Maker
Dr Drum is a professional beat making software without the hefty price tag or steep learning curve normally associated with software of this calibre.
The software comes complete with everything needed to start making banging beats including professional sounds kits for both drums, bass and keys and the ability to import more if required.
It has been specifically designed to be naturally intuitive to use for the user while still producing studio quality .WAV format beats.
The software will work on both PC and MAC and has been tested to work flawlessly on all versions of these operating systems.
Product Information
|Product Name: Dr Drum Beat Maker
|Official Website: www.drdrum.com
|Product Author: The Dr Drum Team
|Product Type: Downloadable Software – DVD – CD
|Special Offer : Yes
|Money Back Guarantee: 60 Days
The Dr. Drum beat maker is a new program geared towards beginners who want to create kick-ass beats without spending hours learning how to operate a complex program.
It has a wide range of features, such as a 16-track sequencer, four-octave keyboard and 12-pad drum machine, and promises ease of use combined with professional quality. I've parted with my $40, downloaded the program and started making my own beats, and now I'm ready to share my thoughts.
The first thing that struck me about Dr. Drum is the intuitive layout. I've used numerous beat-making programs in the past, and I felt instantly at home.
I didn't even have to watch the video tutorials available on the member's section of the website. For beginners, the program would still be simple to use; the main sequencer screen has a grid to arrange samples on and a clearly labelled mixer.
You place the samples you like on a track, positioned according to when you want them to kick in. The bars are marked along the top of the main grid, so you'll always know where you are in your composition.
The audio quality is second to none. The beats you make are exported in professional-quality, 44.1 stereo .WAV files, which are a must if you want to be taken seriously in the industry. The samples have been professionally recorded and mastered, so your compositions aren't dragged down by poor quality components.
In terms of being able to shape your sound, the mixer has options for adjusting the highs, mids and lows, as well as for muting tracks and playing them solo. You can also pan the audio into the left or right speaker to create a more detailed stereo experience for your listeners.
The 12-pad drum machine and four-octave keyboard are useful if the multitude of samples included just aren't enough. You can use the drum machine with any of the included drum sounds or even upload your own, and create individualised beats to set your compositions apart from the crowd.
Likewise, the keyboard includes a wide range of instrument sounds, including guitars, saxophones, pianos and a selection of sound effects. You can easily upload your own if you want more variety.
Overall, Dr. Drum has everything you could need to create beats, and is cheaper than its competitors. Such a high level of control over your sound is hard to reconcile with ease of use, but the program has managed to achieve just that.
It's a great choice for beginners, and it will also teach you some useful skills that can be carried across to other programs. The simplicity with which you can upload your own samples means that Dr. Drum stays fresh, and will become a valued partner in your creative endeavours


text:
I am thrilled by the Republican primaries so far, despite hating most of the candidates. In fact, it is because they are so despicable that I am so thrilled. Well, hold on a second - if they were as competent as they are despicable, I would be quite concerned. Fortunately they are instead running around like a bunch of homophobic chickens with their heads cut off.
The one who just strait made up lies about life saving vaccines causing mental retardation has dropped out. The 1 percenter candidate with the money to buy enough independent votes to win a general election may not be able to rally the Republican base of religious zealots because he wears magic underwear. There is one truly crafty politician among them - he would have to be to preside over Bill Clinton's impeachment whilst simultaneously cheating on his wife - but worry not. He doesn't want the nomination; he is being paid to look like he wants it. He gives out made up awards, makes up fake "foundations" and campaigns for things for a living. His campaign war chest was never anything but his personal piggy bank and he will drop out when he starts to get diminishing returns on his effort...
... but not before touching off a powder keg war of attack ads just like he promised not to do. Now the fake libertarian you aren't allowed to criticise on the internet and the frothy one with the you can't help but make fun of are going at it, too.
Newt is right about one thing, though. The only candidate this helps is Barack Obama. 4 more years are virtually guaranteed at this point! ^_^


text:
It is essentially a symptom of giving too much weight to coverage and not enough weight to patronage, in many cases magnified by nostalgia and/or a strong preference for trains. It's all very well to say that there's no coverage there, but who lives there? Where do they want to go, and why? If you run a bus or train line through the suburb, will it take any of those people where they want to go? If not, nobody will use it, and it'll be scrapped. Similarly, just because there is a freight line between two suburbs doesn't mean that people who live in one suburb want to work or study or shop in the other - you might get a couple of people who do, or a couple who want to visit friends, but the numbers just don't stack up to the cost of providing the service.
|A section of Victoria's rail network in 1940 (via VRHistory)
The "There used to be a station here" argument is actually quite illuminating. If you look at maps of Victoria from the 1890s through to about 1940, there are railway lines EVERYWHERE. Not only do the lines crisscross the state like a spiderweb, there are stations everywhere too - every little town, multiple stations in regional centres, tons of sidings for businesses or farms...even a lot of racecourses had their own station in those days. This is because, before cars, buses and trucks became viable alternatives, trains were all we had. They had to serve the coverage AND the patronage goals - they had to get enough passengers to be viable, but mainly they had to stop absolutely everywhere because otherwise people would be largely cut off from the outside world. Since they didn't have to compete with anything else, the patronage goal was easy to fulfil, so much more emphasis was placed on the coverage goal. Which is why it made sense to have a station in every tiny town 100 years ago...but it makes absolutely no sense now. Which is why most of these ideas to bring back dead stations have no merit.
There are exceptions, of course. Sometimes public transport hasn't kept up with development, and a new suburb really does need some coverage - a feeder bus to bring people to the station in the next suburb, say. Sometimes a small town that lost its station as its population dwindled will experience a revival due to the introduction of a new industry, or because it's become a dormitory suburb for a nearby centre. Sometimes that small town never should have lost it, but ideological transport planning saw it cut along with so many worthwhile services. Sometimes urban sprawl turns what used to be a stand-alone town into a contiguous suburb of the big city.
In any of these cases - sure, look at it. But even then you need to keep why you're doing it in mind. So, this town or suburb might now have the population to support the return of its station. But maybe the demographics have changed, maybe the station (or the tracks themselves) are in a place that doesn't serve the community so well any more. In that case, bring back the train - but in a new station in a new location.
|Traffic projections for East-West Link (source unknown)
It is worth noting that Line on a Map syndrome does not just afflict Public Transport; it is present in all forms of transport planning. The worst example of this was Melbourne's proposed East West Link. It was all well and good to draw a line on a map and say "Hey, there's a gap! We need to join the Eastern Freeway and CityLink!" but when you look at where people actually wanted to go, it turns out not many of them wanted to get from the Eastern to CityLink. Which is why the business case just didn't stack up.
|Purple and Pink lines showing better routes for Ballarat-Castlemaine rail (modified from original by PTV)
Returning to Public Transport, the Geelong-Ballarat-Bendigo project is again a useful example for this phenomenon; Line on a Map syndrome is the primary problem with the Ballarat-Bendigo leg. The plan is to join these two cities via Maryborough, not because it makes any kind of logistical sense, but basically because it is there. Because there are old, disused tracks that join them, because we used to have trains along this corridor, those are the tracks it assumes we have to use. The problem with this is, unless you have incredibly high line speeds along the route from Ballarat to Castlemaine (which is very expensive and flatly will not happen) it will be slower than the existing bus along the Midland highway - simply because the road is very direct, and the railway is almost twice as far (51km vs 92km, Creswick to Guildford).
Don't get me wrong - those buses are inadequate and should be made more frequent as soon as possible. But if and when there is the potential patronage to justify the return of trains, we shouldn't be stuck with the old meandering route via Maryborough. We should build a new line from Creswick to Castlemaine, possibly via Daylesford. Obviously building a brand new line is more expensive than just restoring the old lines to a basic standard, but it's much better in the long run, because it does what a train is supposed to do - move large numbers of people quickly in a straight line. Of course, from a political perspective, this option is impossible for the foreseeable future - pretty much all the political will to return the trains between these cities is based on winning votes in the Maryborough area, so to bypass it would be suicide.
As fascinating as I find delving into what used to be there, and as much of a train nerd as I am, when it comes to designing a modern public transport system you can't be tied to the past. You can't be tied to what would be cool for historical reasons, you can't be tied to romanticism or a personal love of trains or trams - you have to go with what will work, now and into the future.


text:
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text:
Hi all,
this is also something I worked on during my blogging hiatus.
I might have already told you in one of my former blog posts that I own the Martha Stewart Encyclopedia of Fabrics and Sewing. Besides all the great tips it also has awesome project ideas in it. One of it is called Menswear Mice.
I made four of those using some IKEA cotton fabric. They turned out quite nice I'd say. Three do also have a bit of catnip in them beside the usual fiber fill. I already gave one away to my colleague and her two tigers seemed to like it :)
You can find the pattern online at the Martha Stewart website if you want to make some yourself!
Have an awesome evening, everyone!


text:
Wednesday, January 2, 2013
New Ultra thin magnetic iPhone 5 keyboard and game controller
This is the EX Hybrid Controller System for your iPhone 5 and it is ingenious. Not only is it a magnetically attached Bluetooth 3.0 keyboard, if you flip it over you get a game pad too. The unit is made from aluminium, boasts 40 hours of usage, is water and dust proof and takes only an hour to charge with a pretty decent standby time of 160 hours.
From iphone5mod:
"Finally a hybrid solution for iPhone gamers and office users in the works. The Hybrid Controller is the next generation keyboard / joypad for your iPhone – and you just might find that this idea is untraditionally creative. Whether you're a gamer, blogger or even an office user, we might have the perfect solution for taking your old tired keyboards to the next level.
By using our iPhone 5 Back Case, You can detach the qwerty keyboard from the iPhone entirely as you wish and switch to a Joypad controller for playing games. The interchangeability is made always possible, as iPhone features multiple bluetooth peripheral use."
more here
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Weekend Barbecue Pork Roast
It's interesting how when you're presented with a situation, there are many ways you can go around it and make the most out of it. That's what happened during the holidays. We were all craving some pork chops/ribs. We could already imagine ourselves ripping the meat off the bones and just devouring them. Yes! Then when we went to the butchery, it's like everyone had the same recipe in mind that weekend and it was sold out. There was no pork chops, just steak – boneless pork leg. So what to do with boneless pork? As we pondered, Chef Dion (we have baptized him) just asked "do you have string?" I know, we were all wondering what madness that is, but we still sourced for string around the house. And we only figured what it was for when we started out with the preparation. We had fun preparing this one, because we were eager to find out how it will turn out, being a first. Totally worth the running around, substituting ingredients and waiting.
- 1.5kg boneless pork leg (roasting joint)
- Kitchen string
- 1/3 cup honey
- 2 Green peppers (Yellow/Red) – Chopped
- 4 Garlic cloves – Chopped
- 2 tablespoons soy sauce
- 2 tablespoons olive oil
- 1/3 cup of Red wine
- ½ tablespoon of salt
- ½ tablespoon of black pepper – Ground
- ½ tablespoon of Cayenne, Thyme, and Oregano – Ground
- Fresh rosemary leaves.
- 1 bunch of parsley (Dhania) – Chopped
Preparation: 10min › Cook: 2hrs › Ready in: 2hrs 00min › Serving: 6pax
- Preheat the oven to 200oC.
- Place a roll of foil on the roasting try – Always helps to save you some cleaning time, since after you're done you just bin it.
- Pour some olive oil on the foil and spread it with a brush.
- Prepare the glazing sauce. Stir together the honey, red wine, salt, black pepper, cayenne, thyme and oregano in a small bowl. You can also add Soy Sauce (although we try to not use it for roasting).
- Place pork on a chopping board slit it right in the middle and spread the glaze evenly over pork roast using a brush. Leave some for later use.
- On the pork, add chopped garlic, green pepper, parsley and rosemary for flavor.
- Tie up the pork with cooking strings in order to hold the meat together and retain the moisture as it roasts.
- Place the tied up pork on the roasting tray and brush some olive oil all over it.
- Roast in the preheated oven, for 40 mins, then turn the pork for the underside to cook for 40mins – 40 minutes for each side to cook.
- After the 40 minutes elapses, glaze with the remaining mixture aforementioned. Also glaze the underside and let it cook for a further 10 minutes.
- When done, let it rest for 10 mins then slicing to serve.
As a side dish, you can have potatoes (jacket or otherwise), rice or Ugali, together with veggies – to cheat your guilty conscience. Heck! You can even eat it alone, because of how gorgeously juicy it is. Happy cooking, but promise, the eating part will make you happier.
Signing Off ~~~ *Kawi*


text:
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Provide power to your portable professional video and cinema equipment with this Core SWX HyperCore Slim 98 4-Battery Kit and Fleet Micro Charger from B&H. The four HyperCore Slim 98 batteries are compact, high-capacity lithium-ion Gold mount batteries, capable of supporting up to 12-amp draws from power-hungry gear. The included Fleet Micro charger has four bays to replenish the four batteries simultaneously, in under 2.5 hours. Put all four batteries on to charge before a shoot, and you'll be ready to roll during production. For more details on the products included in this kit, check out the features below.
The Core SWX Hypercore Slim Gold Mount Battery is a professional battery designed for modern production workflows involving a wide range of equipment. The slim design means the battery takes up less horizontal space than previous-generation models to better fit gimbal stabilizers and other rigs where space is at a premium. Though the design is less space-consuming, the Hypercore Slim provides the same 98Wh capacity as its predecessors. For power-hungry cinema cameras and lights, the 12-amp maximum continuous draw will keep your equipment powered. This Gold mount model is compatible with Anton Bauer equipment, and will charge on Anton Bauer chargers.
In addition to the Gold mount power output, the Hypercore Slim features D-Tap and USB outputs. The D-Tap output can be used to power a light source, a monitor, recorder, or other part of your rig while you can connect your smartphone or other USB accessory for convenient charging. A 25-watt load on this battery will last approximately 3.5 hours. The LCD battery status display screen on the rear of the battery is backlit with a cool white illumination, and updates every few seconds to accurately reflect up-to-the-moment statistics, including runtime. The battery itself is housed in Core SWX's classic over molded casing with a rubberized finish that is resistant to impact and is easily grippable.
Featuring four independent charge bays, the Core SWX Fleet Micro 3A Digital Quad Charger for Gold Mount Batteries is capable of simultaneously charging four batteries at 3A each. This means that four 98Wh batteries can be charged in under 2.5 hours. The on-board LCD display screen allows you to easily monitor your battery's smart battery data without needing to connect to a computer. The micro-USB connector allows for firmware updates and for connection to a PC.
The built-in Battery Management Test mode allows the charger to determine battery health and recharge performance. Activating the SafeFly mode forces the charger to discharge or charge connected batteries to a 30% charge level to meet air travel and shipping requirements. While plugged into an AC power source the Fleet Micro 3A Quad Charger can either charge batteries or be used as a camera power supply via the built-in 4-pin XLR. In the absence of AC power, you can use the charger to feed the 4-pin XLR from connected batteries providing unregulated power. The housing is made of aluminum, providing for a robust build.
|Mount / Series Type
|Gold Mount
|Capacity (Wh)
|98 Wh
|12 Ah
|Output Voltage
|Maximum Load
|12 A (Peak)
|Accessory Port
1 x D-Tap
1 x USB
|Dimensions (W x H x D)
|3.8 x 5.9 x 1.5" / 9.7 x 15.0 x 3.8 cm
|1.4 lb / 0.6 kg
|Packaging Info
|Box Dimensions (LxWxH)
|8.0 x 7.0 x 3.0"
|Quick Charge Current
|3 A Simultaneous
|Discharge Current
|Up to 2 A per channel
Input: 90 to 240 VAC, 50/60 Hz
Output: 12 VDC 90 W
|9.1 x 3.35 x 12.17" / 23.11 x 8.51 x 30.91 cm
|5 lb / 2.3 kg
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|Box Dimensions (LxWxH)
|17.0 x 12.5 x 4.2"