Verdicts & Settlements December 21, 2009: Jury reduces award in

Verdicts & Settlements December 21, 2009: Jury reduces award in

Missouri Lawyers Media, Dec 21, 2009 by Anna Vitale

A Platte County jury determined that a driver was not impaired from earlier marijuana use when he hit a man walking behind his truck. The man later died from his injuries.

The jury found the decedent partly at fault for the accident and ultimately awarded $396,399 to his widow.

On the morning of Aug. 27, 2008, John Wolff arrived at Glen’s Automotive in Parkville to pay for repairs to his vehicle. He parked in a posted no-parking zone and walked on a public sidewalk to the building.

At the same time, Factory Motor Parts employee Bradley Phillips was backing out of Glen’s driveway after making a delivery to the body shop. He was driving a 2003 Chevrolet S-10 pickup with a camper shell. Philips’ brake and reverse lights were working as he backed onto the street perpendicular to the driveway.

Wolff was hit by Phillips’ vehicle and fell and hit his head. He died less than a day later from a subdural hematoma at North Kansas City Hospital.

The plaintiff tried to prove Phillips was intoxicated from marijuana at the time of the accident, that Factory Motor Parts was negligent in training Phillips and that the company failed to randomly drug test its employees. The plaintiff sought damages for Wolff’s disabled widow, whom the plaintiff claimed would need future life-care costs in addition to statutory pecuniary losses.

At trial, the plaintiff claimed that Phillips was intoxicated at the time of the accident from marijuana he’d smoked the night before. Blood samples initially requested by the Parkville Police Department and taken the night of the accident were analyzed for psychoactive compounds. No psychoactive compounds were found, and defense expert Paul Cary testified that Phillips could not have been impaired at the time of the accident. Additionally, the investigating officer testified that he did not observe any indications that Phillips was intoxicated at the time of the accident.

The plaintiff claimed that Factory Motor Parts was negligent in training Phillips. Plaintiff attorney Eric Bartlett said Phillips’ job training consisted of a couple weeks of shadowing another driver and wasn’t extensive enough.

Plaintiff expert Howard Harris testified that, under industry standards, a delivery person should never be in a position where he or she must back up. He also testified, however, that no federal or state laws require defensive driving for a driver with a non- commercial license, which Phillips had.

Bartlett said that where Phillips was required to park also required him to back into a busy street.

“It put him at a terrible position,” he said.

Bartlett also said that there was evidence that Phillips backed up erratically, ending up on the sidewalk across the street.

Defense expert Whitney Morgan said that backing up is allowed for smaller vehicles and that there are no federal or state training requirements for delivery drivers.

The plaintiff also claimed that Factory Motor Parts should have conducted random drug tests of its employees. Phillips said he would not have smoked marijuana if he knew he would be randomly tested for drug use. But defense expert Cary said there was no industry standard on drug tests for companies that operate delivery vehicles.

The defense called two experts to rebut the plaintiff’s experts’ estimates about future care for Wolff’s wife, saying they were excessive in the hours of care she would need and the size of apartment she would require. Economist Gerald Miller also said that wrongful death damages should consist of either statutory pecuniary loss or future life care costs – not both.

The plaintiff asked for $5 million and for aggravating circumstances damages to be awarded against both defendants in closing arguments.

The jury declined to award for aggravating circumstances and delivered a total award of $566,285. They found the plaintiff 30 percent at fault.

“What made this case different than simply a traffic accident is the fact that we had the element of marijuana, and that was a wild card,” said defense attorney Terry Evans.

Evans said that voir dire cleared the jury of people who believed that marijuana usage automatically implied impairment. “In my opinion, the point that was made in this case is that you can defend marijuana usage in a situation where the driver smoked marijuana the day before the accident.”

Bartlett said he would try the case exactly the same if he had to do it over again.

“My gut feeling is that nine times out of 10 a jury is going to do things differently. They’re going to look at that entire situation and say, ‘My goodness, we’ve got to take care of this lady and compensate her for the loss of her husband.’”

$566,285 jury verdict

Motor vehicle collision/wrongful death

Court: Platte County Circuit Court

Case Number/Date: 08AE-CV03430/Oct. 28, 2009

Judge: Abe Shafer

Plaintiff’s Experts: John O. Ward, Prairie Village, Kan. (economics); Sheryl Bunce, Lenexa, Kan. (life care planner); Ron Smock, Albuquerque, N.M. (toxicology); Howard Harris, Greenville, Ill. (trucking)

Defendants’ Experts: Dr. Robert J. Boulware, Liberty (internal medicine); Gerald L. Miller, Kansas City (economics); Kathie Allison, Kansas City (life care planning); Paul A. Cary, Columbia (toxicology); Whitney G. Morgan, Birmingham, Ala
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Beware! Snacking can be a

Beware! Snacking can be a serious barrier to you achieving a happy weight, and feeling comfortable and confident in your clothes. It can be the hidden reason for serious weight gain over time; often the reason why people feel that their weight is beyond their control, they feel that they only eat small meals. Snacking can become habitual; a reward after a difficult day, numbing feelings of boredom, unhappiness, or simply a reaction to turning on the TV.

So why is it so difficult to say no? Firstly we are designed to snack (or browse) throughout the day, and our body thrives on small regular meals. (However, our hunter-gatherer ancestors were not hunting and gathering snack-pack Pringles, giant pretzels and Mars bars). Secondly, we are bombarded by choice; a huge industry has grown up around offering endless products; all your favorite things available in snack-size, and placed to snare you as you pay for something.
egg whites

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Mint.com Launches Mint Answers on Website

Mint.com Launches Mint Answers on Website

0 Comments | Wireless News, May 17, 2010

Mint.com announced the launch of Mint Answers, a new feature on the MintLife blog.

“Because of the recession, people are talking more openly about money, a once-taboo topic,” said Aaron Patzer, general manager and VP of Intuit Personal Finance and founder of Mint.com, citing results from a recent Intuit Money Matters Town Hall Survey. “Mint Answers helps them make informed decisions about their finances. They get real-time access to experts and peers to answer their money questions.”

Questions are grouped by topic, Budgeting, Debt Management, Future Goals, and Savings. The forum is open to anyone, with answers screened by the MintLife editorial staff and ranked by other users based on the usefulness of the response.

Mint.com is an online personal finance service from Intuit, providing over three million users a way to manage money.

((Comments on this story may be sent to newsdesk@closeupmedia.com))

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Road race Oct. 4 to benefit city services; Fire Department, library, senior center

Road race Oct. 4 to benefit city services; Fire Department, library, senior center

0 Comments | Telegram & Gazette (Worcester, MA), Sept 24, 2008

Byline: Paula J. Owen

FITCHBURG – Fitchburg firefighters are doing what they can to help the city financially with a 5K road race to benefit the library, senior center and to help beautify the Upper Common.

With recent layoffs and cuts to the library and senior center budgets, and the possible closing of the Summer Street Fire Station, the Fitchburg Fire Department Relief Association wants to bring people downtown to help raise a little cash.

The race is on Oct. 4 at 11 a.m
firefighter shirts

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Many women who hit

Many women who hit the gym have a secret goal they don’t normally tell you. Alot of women want to know the type of exercises required to add a little bit of mass and strength to their chest, in hopes of preventing gravity from taking it’s course on their chest.

A weak back and tight chest muscles can result in poor posture in women. An improved posture, however would create the illusion of a firmer and bigger chest. But whatever the reason, it is quite easy to exercise the chest to achieve this.

Well, to save you women from the embarrassment of having to ask that question, here are a few pointers that may prove to be useful. Basically, any chest exercise will help, but women may want to consider the following for a more ‘uplifting’ result:

1. The most popular mass builder is the bench press

(which I don’t see enough women doing at the free weights area).
The machine chest press works fine too, but free weights do have their advantages in terms of adding variety to a dull routin and effectiveness, especially if you’ve been dependant on machines for too long.
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Obesity is the biggest hurdle to an

Obesity is the biggest hurdle to an active life. A bulky body is the hub of all diseases. It has been proven that weight gain can be achieved by doing nothing i.e. sitting idle and getting a lavish and comfortable diet. However, weight loss is a big issue. In fact, it is the toughest aim to be achieved in our day to day life. People have been trying heat belts, herbal medicines, and dieting as ways to reduce weight. But the required results and long time effects have always been missing.

Your health care provider has charts and tables used to determine what your target weight should be, which varies according to gender, height, age, and bone structure. However, a simpler and more useful piece of information is Body Mass Index (BMI). The BMI is calculated by dividing your weight (in kilograms) by the square of your height (in meters). To fall within the ?healthy range? on the BMI, your result should be within 20 and 25.
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Partnership Promotes Employee Health and Saves Money

Partnership Promotes Employee Health and Saves Money

Business Wire, July 22, 2010

MedEncentive Program Attracts Business and Medical Communities

OKEMOS, Mich. — Working together to help employees keep health costs down by making
healthy choices is the goal of the partnership between the Michigan
Academy of Family Physicians (MAFP) and the Michigan Purchasers Health
Alliance (MichPHA) in support of the MedEncentive Program. The
MedEncentive Program is a healthcare incentive system that offers
employers, insurers and government a means to contain costs by engaging
both physicians and patients to cultivate better health and healthcare.

Through a unique system of financial incentives, MedEncentive creates an
atmosphere of mutual accountability for doctors and patients. Physicians
are rewarded for incorporating best medical practices and advancing
patient education and empowerment. Patients are rewarded for
demonstrating knowledge of their medical conditions and engaging in
self-management of their health. Doctors and patients must demonstrate
their performance to one another to earn the systems rewards. This
process of checks and balances creates both the motivation and means
to improve health and healthcare.

We believe MedEncentive provides an innovative solution at a time when
our state is in desperate need of new ideas, said MAFP President
Jennifer Aloff, M.D. The program offers a cost containment strategy
that does not interrupt the physician-patient relationship and in fact,
shows promise to enhance it.

While the economy still works to recover and state government and
employers struggle with the high costs of healthcare, MedEncentive
provides an opportunity for affordability without sacrificing care or
quality. Increasingly healthcare cost containment strategies rely on
harmful benefit cuts to patients or cutting rates to their doctors which
threatens their access to care. As a result of MedEncentives design,
the patient wins and the physician wins all while decreasing costs for
everyone.

After reviewing numerous quality improvement and cost containment
initiatives, our organization is convinced of MedEncentives viability,
added MichPHA Executive Director Marilyn Bell, R.N. A partnership
between the medical and business communities to promote this innovative
program is incredibly important.

About the Michigan Academy of Family Physicians

Founded in 1948, the Michigan Academy of Family Physicians (MAFP) is
dedicated to promoting excellence in health care and the betterment of
the health of the public. There are more than 94,600 family physicians
(or specialist in family medicine), family medicine residents and
medical students nationwide that are part of the American Academy of
Family Physicians. Of those, there are approximately 3,000 specialists
in family medicine in Michigan. (www.mafp.com)

About the Michigan Purchasers Health Alliance

The Michigan Purchasers Health Alliance (MichPHA) is a regional
not-for-profit tax exempt membership organization dedicated to
value-based purchasing (documented quality and competitive pricing) for
its members. Through the collective action of private and public
purchasers, MichPHA seeks to accelerate progress toward safe, efficient,
high quality, transparent and consumer-centered health care in the
region. MichPHA has 18 members representing over 25,000 employees in
Michigan
health insurance michigan

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Warning as rural crime increases

Warning as rural crime increases

0 Comments | Express & Echo; Exeter (UK), Jul 27, 2010

NEW research reveals rural crime is on the increase.

Rural insurer NFU Mutual is advising people who live and work in the countryside to improve their security measures. In the South West, 70 per cent of agents reported rural crime in the area had increased since last year.

NFU Mutual chief claims manager John Kenny said: “It’s disappointing to see that rural crime is on the increase. This year’s survey highlights the importance of good security measures in the battle against rural crime.”

A rise in livestock theft is said to be the reason for the increase in the price of lamb.

Lamb meat cost from Pounds 2.70 per kg in 2009 and has risen to over Pounds 4 per kg in 2010.

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Rolex: Melrose Diamonds, USA's #1 Preowned Online Rolex Store, Announces The Top 5 Rolex Datejusts

Rolex: Melrose Diamonds, USA’s #1 Preowned Online Rolex Store, Announces The Top 5 Rolex Datejusts

Market Wire, May, 2009

Melrose Diamonds, USA’s #1 Pre-owned Online
Rolex Watch Retailer, today announced the Top 5 Rolex Datejust Watch Models
demanded in the United States on its website, MelroseDiamonds.com, so far
this year. As the best-selling high-end luxury watch in the world, the
Rolex Oyster Perpetual Datejust is the cornerstone of the Rolex company’s
success. Made with a variety of dial styles, bezel styles, and band
styles, nearly 500,000 Rolex Datejusts are sold every year.

Ranking from 1 to 5 in popularity, the Preowned Rolex Datejust watch models
Men & Women in the U.S.A. wanted are as follows. These models can be
viewed by visiting Melrose Diamonds’ website and typing in the id # (in
parentheses) in the top right search box.

1. Ladies Stainless Steel Black MOP Dial Channel Set Rolex Datejust (614)

2. Men’s Two Tone Silver Dial Beadset Bezel Rolex Datejust (210)

3. Men’s Stainless Steel Silver String Dial Beadset Bezel Rolex Datejust
(301)

4. Ladies Stainless Steel Pink Dial Channel Set Bezel Rolex Datejust (656)

5. Ladies Two Tone Oyster Blue Dial Beadset Bezel Rolex Datejust (557)

About Melrose Diamonds

Melrose Diamonds is the nation’s leading online retailer of Rolex wrist
watches including mens watches and ladies luxury watches and its associates
have, collectively, over 220 years of experience in importing, restoring,
and retailing Rolex and other
luxury watches. Melrose Diamonds was founded with one simple premise:
Buying a Rolex or other luxury watch shouldn’t be mysterious or
complicated. Similar to the innovative yet simple business models of
Progressive Insurance, CarMax, or Blue Nile, Melrose Diamonds provides
customers with low, no-haggle pricing, luxury wrist watches that are either
new and unworn or pre owned and restored to original factory specifications
both inside and outside, and a comprehensive 2-year warranty
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To keep up with the

To keep up with the ever advancing world of electronics a new format of video storage will be released soon called Blu-ray.

Blu-Ray is a next generation optical disc that will blow the socks off of what we all know today: DVD. Conventional DVD?s use a red laser that have long wave lengths, which limits the storage capacity on a disc. Blu-Ray uses a blue laser which has much shorter wave lengths. Because the wave lengths on the Blu-Ray are much smaller it can focus on a spot with much greater precision, allowing for data to be packed much more tightly than the red laser DVD?s.

Blu-Ray discs can hold up to 50GB?s of information which 10 times that of a 4.5GB DVD. 10 times the storage will greatly increase the amount of information that we can save on any one disc and will change the way we save information.
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