text:
So.2d
356 So.2d
356 So.2d 400 (1978)
BAUMGARTNER v. STATE FARM MUT. AUTO. INS. CO.
Mrs. Vera Ruppel BAUMGARTNER, Mrs. Shirley Baumgartner McDonald and Henry H. Baumgartner, Jr., Individually and for and on behalf of Henry H. Baumgartner, Deceased and his Estate, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.
Supreme Court of Louisiana.https://leagle.com/images/logo.png
Dissenting Opinion March 1, 1978.
Rehearing Denied March 15, 1978.
Frank W. Lagarde, Jr., Connolly, Labranche & Lagarde, New Orleans, for plaintiffs-applicants.
Harvey L. Strayhan, Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, for defendants-respondents.
Supreme Court of Louisiana.
DIXON, Justice.
Writs were granted in this case to review a judgment of the Court of Appeal reversing the trial court. Plaintiffs are the survivors of a pedestrian who died one month after receiving injuries when he was hit by a car driven by William N. Morgan. The trial judge granted judgment for the plaintiffs. The Court of Appeal found both decedent and defendant negligent, found that the defendant did not have the last clear chance, and held that the plaintiffs were barred from recovery by the decedent's negligence. Baumgartner v. State Farm Mutual Auto. Ins. Co., 346 So.2d 277 (4th Cir. 1977).
Trial began June 5, 1976. The accident occurred October 9, 1971, a few minutes after 7:00 p. m., at the intersection of Canal Boulevard and French Street in New Orleans. Morgan was driving a 1970 Chevrolet lake bound on Canal Boulevard, with a passenger, Mrs. Curtis. Mr. Baumgartner, wearing dark clothing and a light colored hat, was crossing from the easterly to the westerly side of the north bound lane of Canal Boulevard. It was dark enough for headlights and street lights to be turned on. Morgan said when he was in the area of the intersection he saw Baumgartner close to the middle of the street, crossing from Morgan's right to his left, walking normally, carrying a paper bag. Mrs. Curtis said she saw Baumgartner at the moment Morgan applied the brakes, and was thrown to the floor by the force of deceleration of the car.
Both Morgan and Mrs. Curtis said Baumgartner was about 15 feet ahead of the car when they first saw him in the pedestrian crosswalk. Morgan's estimate of distance is probably in error; the police, in measuring Morgan's skid marks, noted that one was 46 feet long, ending about a car length beyond the 11 foot crosswalk. Morgan's speed was pretty well established at 30 mph, or 44 feet per second. In the normal reaction time, 3/4 second, he would have traveled about 33 feet before skidding 20-30 feet into the crosswalk. The precise point of impact was not determined, but Morgan was in his left lane during the entire time, next to the neutral ground. Baumgartner was struck by the front of Morgan's car, hit the windshield and slid off the hood onto the neutral ground when the car stopped.
Baumgartner did not remember anything about the accident. There were no other witnesses to the accident. An expert accident investigator testified for the plaintiffs; both sides and the Court of Appeal relied on his findings (he performed tests to establish Morgan's speed and a "co-efficient of friction," and made examinations and measurements of the accident scene) but reached different conclusions. The expert testified that Baumgartner would not be considered a danger until he had traversed about 6 of the 28 foot width of Canal Boulevard, and could, at that point, have been easily seen by a motorist approaching approximately 200 feet distant. He also testified that Morgan could have come to a full still stop 115 feet from impact or could have avoided the accident merely by slowing down.
Baumgartner was carrying a purple K & B bag containing a bottle of Coca-Cola syrup and a bottle of whiskey. The whiskey bottle was broken in the accident and was empty, but the seal on the bottle had also been broken. There was evidence of the odor of alcohol on Baumgartner's breath and medical testimony about a history of alcohol consumption which complicated the diagnosis with the possibility of alcoholic withdrawal symptoms. Morgan testified that Baumgartner gave no evidence of having seen the approaching automobile, in spite of the noise of brakes and horn.
The trial judge found that Morgan had the last clear chance to avoid the accident but failed to see what he could or should have seen or take evasive action.
A majority of the appellate court apparently found the trial court's factual conclusions to be erroneous. Relying upon the expert's testimony as did the trial court, and, using mathematical formulae, the court determined that Baumgartner would have been a foot or two to the right of Morgan's traffic lane at the time when Morgan became unable to stop in time to avoid the accident. Therefore, the court concluded, Baumgartner could have halted his progression into Morgan's path. Thus, the decedent, and not Morgan, had the last clear chance to avoid the accident, and decedent's own contributory negligence barred plaintiffs' recovery.
The dissenting judges of the Court of Appeal determined that Baumgartner was somewhat intoxicated at the time of the accident and was unaware of his peril and, due to his condition, was unable to extricate himself to avoid the collision. Hence, the dissenters reasoned, Baumgartner did not have a last clear chance as found by the majority of the court.
The last clear chance doctrine, as applied in Louisiana, has been explained:
". . . [T]hough the plaintiff may have been guilty of negligence which may in fact have contributed to the accident, yet if the defendant could in the result of the exercise of ordinary care and diligence have avoided the mischief which happened and did not do so, then the plaintiff's negligence will not excuse the defendant and the defendant's last negligence renders him responsible." Stone, 12 Louisiana Civil Law Treatise: Tort Doctrine § 58(e) (1977). (Emphasis added by author).
The last clear chance doctrine was created to escape the harsh effects of the contributory negligence defense which operates, in its strict application, as an absolute bar to a plaintiff's recovery.1 However, certain limitations on a plaintiff's reliance on the doctrine began to appear. In some cases the courts would deny recovery where the defendant's negligence preceded that of the plaintiff; in other words, where defendant did not in fact have the last chance to avoid the accident. Plaintiffs also were often denied recovery where their negligence was concurrent with the defendant's negligence and continued to the point of injury.2
Courts later began to ignore the continuing negligence limitation. In Rottman v. Beverly, 183 La. 947, 165 So. 153 (1936), a pedestrian whose negligence continued up to the time of the accident was allowed to recover where the defendant motorist had actually discovered plaintiff's perilous position and could have avoided injuring her by acting immediately upon such discovery. The theory upon which Rottman was based became known as the "discovered peril" doctrine. Rottman was extended further in Jackson v. Cook, 189 La. 860, 181 So. 195 (1938), which introduced the "apparent peril" doctrine. In Jackson a motorist who did not see the plaintiff pedestrian's peril but should have (if he had kept a sharp lookout ahead) was held liable for the damages incurred. The court held that plaintiff's own negligence would not preclude his recovery where defendant either appreciated plaintiff's peril or should have with the exercise of reasonable care and attention at a time when he could have prevented the injury.
The Court of Appeal in the instant case based its conclusion on the fact that Baumgartner had the last opportunity to avoid the collision. Defendant was negligent in failing to see Baumgartner crossing the street from a distance at which he could have stopped. But this negligence was prior in time to Baumgartner's negligence in stepping into the Morgan vehicle's path when the former could have stopped his progression and avoided being struck.
We find that the evidence does not establish that Baumgartner was drunk at the time of the accident or intoxicated to the extent that his mental faculties were affected so that he was incapable of removing himself from the path of the approaching vehicle. It is clear, however, that Baumgartner, who continued to walk at the same stride with his head down, was oblivious to the vehicle bearing down on him with brakes screeching and horn blaring. The Court of Appeal's application of mathematical formulae to conclude that Baumgartner had the last opportunity to avoid the accident might not have been incorrect. It should not, however, have barred his recovery.
It is well settled in our jurisprudence that the first duty of those operating motor vehicles is to keep a sharp lookout ahead to discover the presence of those who might be in danger. Rottman v. Beverly, 183 La. at 955, 165 So. at 156. ". . . [W]hat they can see they must see and in legal contemplation they do see; . . . their failure to see what they could have seen by the exercise of due diligence does not absolve them from liability." Jackson v. Cook, 189 La. at 868, 181 So. at 197.
Our law imposes an additional burden upon motorists approaching a pedestrian crosswalk to use more than ordinary care to see what is ahead; they must expect that people may be crossing and be prepared for that possibility. In Mequet v. Algiers Mfg. Co., 147 La. 364, 84 So. 904 (1920), during the early history of automobile traffic, this court stated:
". . . On those portions of the highways, known to be used by such [motor] vehicles, between the points provided for the passage of pedestrians, the latter, in attempting to cross, do so in large measure at their peril, subject to the requirement that the drivers of such vehicles shall not knowingly or wantonly strike and injure them. But at the points provided for the passage of pedestrians they have the right to assume that the operators of such machines will observe that high decree of care imposed by the circumstances. . . . We do not mean by this that he [the pedestrian] is to be excused for failing to use his own senses to avoid being injured; but the greater duty and care rests upon those who use these dangerous agencies carrying such great possibilities of harm." 147 La. at 367-68, 84 So. at 905. (Emphasis added).
See also Duffy v. Hickey, 151 La. 274, 91 So. 733 (1922); Prine v. Continental Southern Lines, 71 So.2d 716 (La.App. 2d Cir. 1954); Norwood v. Bahm, 14 La.App. 261, 129 So. 183 (1st Cir. 1930). And as the First Circuit stated in Woodard v. Burkes, 135 So.2d 333, 336-37 (La.App. 1st Cir. 1961):
"It is logical that the motorist, as against the pedestrian, bears the greater burden of careful lookout and extreme caution at locations provided for the passage of pedestrians; for it is the motorist who has the power, because of the dangerous instrument which he controls, to reduce the status of a pedestrian to that of a statistic in a split second. The pedestrian poses no such threat."
The right of way of the pedestrian in a crosswalk is further provided by statute.3
The courts of this State have often appeared to recognize a distinction between last clear chance cases involving a motor vehicle and a pedestrian from those involving two motor vehicles. In many cases a pedestrian has been permitted to recover, even though he might have had the last opportunity to avoid the accident by hopping out of the path of the oncoming vehicle in the nick of time.4 Perhaps these courts had in mind the fact that in motor vehicle-pedestrian cases there is lacking a "mutuality of risks."5 That is, the operator of a dangerous instrumentality, such as a motor vehicle, creates a great risk of injury to the life and limb of others. Thus he owes a duty to the public to protect it from that danger. The pedestrian, on the other hand, endangers himself only, therefore his duty is owed primarily to himself. The motorist runs small risk of harm, physical or financial, from a pedestrian's negligence.
Since the operator of a motor vehicle is aware that he could meet many emergencies in which pedestrians will not always act prudently and will sometimes be found in perilous situations, he should have the added burden of keeping the roads safe even for those who are negligently caught off their guard. Further, where injury results, the burden should fall on the motorist who, with the exercise of care reasonable under the circumstances, saw or should have seen the impending peril and had, at that moment, the opportunity to avoid it.6
Earlier this court, without expressly saying so, signaled an intention to abolish the contributory negligence defense in pedestrian-motorist cases. Belshe v. Gant, 235 La. 17, 102 So.2d 477 (1958). In Belshe, a motorist, who failed to keep a proper lookout and if he had done so would have avoided striking a pedestrian, was held liable. The court indicated that even if it were to find the pedestrian contributorily negligent, defendant would still be held liable.7
What was implicit in Belshe became explicit in the more recent case of Guilbeau v. Liberty Mutual Ins. Co., 338 So.2d 600 (La. 1976), where we said:
"Under Louisiana jurisprudence, an operator of a vehicle or heavy equipment who observes, or who should by the exercise of reasonable care have observed, a pedestrian in a position of peril of which the latter is apparently unaware, is responsible for injuries caused when his vehicle strikes the pedestrian in his path, despite any contributory negligence on the part of the latter; providing that, after the duty to make such observation arose, the operator could reasonably have avoided the accident. See: Reeves v. Louisiana and Arkansas Railway Company, 282 So.2d 503 (La. 1973); Belshe v. Gant, 235 La. 17, 102 So.2d 477 (1958); Jackson v. Cook, 189 La. 860, 181 So. 195 (1938); Rottman v. Beverly, 183 La. 947, 165 So. 153 (1936); Comment, 27 La.L.Rev. 269 (1967). See also: Leake v. Prudhomme Truck Tank Service, 260 La. 1071, 258 So.2d 358 (1972); Williams v. City of Baton Rouge, 252 La. 770, 214 So.2d 138 (1968)." 338 So.2d at 604. (Emphasis added).
And again, in Pierre v. Landry, 341 So.2d 891 (La.1977), relying on the above quoted language from Guilbeau, this court held liable a motorist who failed to see what he should have seen and struck a pedestrian who was in a position of peril. The court spoke of defendant's "clear chance" without referring to it as his last clear chance, further indicating the court's intention to ignore whether the plaintiff or defendant had the final opportunity to avoid the accident in pedestrian-motorist cases.
Accordingly, we hold that the doctrine of "last clear chance" has no application in absolving a motorist from liability when he negligently strikes a pedestrian. In the city a motorist is obligated to maintain a lookout for pedestrians at crosswalks at all times. If he fails to see a pedestrian in a position of peril when he should have, the motorist is at fault and is responsible. A motorist who could have avoided injury to a pedestrian by the exercise of care which is reasonable under the circumstances is at fault, and is responsible. The motorist cannot escape liability by proving that the pedestrian, admittedly in peril because of his own negligence, could have avoided injury more quickly than the motorist. The operator of a motor vehicle, a dangerous instrumentality, has the constant duty to watch out for the possible negligent acts of pedestrians and avoid injuring them. A higher standard of care than that required of pedestrians is imposed upon the motorist commensurate with the hazards his conduct inflicts upon the public safety. Therefore, he should not be able to escape responsibility for injury to the pedestrian by pleading the latter's negligence. And since, in such case, a plaintiff's contributory negligence will not bar his recovery, the last clear chance doctrine, used to avoid the harsh effects of the contributory negligence defense, is not at issue.8
It must be noted, however, that a motorist who exercises all reasonable care to protect a pedestrian, who nonetheless suffers injury, is not at fault.
In the instant case, Morgan could and should have discovered Baumgartner's peril early enough to have avoided hitting him. From a distance of at least 200 feet, and with an unobstructed view, Morgan should have seen Baumgartner crossing the street in a crosswalk, apparently unaware of the Morgan vehicle's approach. Morgan would then have realized the likelihood that decedent would continue his course of action so as to soon be in a position of peril. His failure to so discover Baumgartner at a time when the former could have avoided the injury by slowing, attempting to gain decedent's attention by honking, or by changing lanes constituted fault and entitled the plaintiffs to recovery despite Baumgartner's later negligence in continuing into Morgan's lane of travel.
Defendants cite several cases in which the plaintiff pedestrian was denied recovery and argue that these cases are controlling. We find three of defendants' cases distinguishable. Ritter v. Southern Farm Bureau Cas. Ins. Co., 321 So.2d 46 (La.App. 3d Cir. 1975), writ refused, 325 So.2d 586 (La.1976); Comeaux v. State Farm Mutual Auto. Ins. Co., 231 So.2d 674 (La.App. 1st Cir. 1970), writ refused, 256 La. 69, 235 So.2d 96 (1970); St. Amant v. Travelers Ins. Co., 233 So.2d 23 (La.App. 4th Cir. 1970). In all of the above cases, the motorist was not negligent since he discovered the pedestrian as soon as it was possible for him to do so, and did all in his power to avoid the collision. We expressly disapprove of Ortego v. State Farm Mutual Auto. Ins. Co., 295 So.2d 593 (3d Cir. 1974), writ refused, 299 So.2d 800 (1974), insofar as it conflicts with this decision. Ortego held that the pedestrian had the ability to get out of the way of defendant's car before it reached him and therefore he, and not the motorist, had the last clear chance.
Plaintiffs contend that the trial court's award of damages was inadequate and should be increased by this court. Plaintiffs were awarded a total of $31,288.17 plus court costs and expert witness fees. This amount included a $15,500 award against State Farm and a $15,788.17 award against Morgan individually. Plaintiffs have not made a clear showing that the trial court abused the great discretion vested in it. See Anderson v. Welding Testing Laboratory, 304 So.2d 351 (La. 1974); Bitoun v. Landry, 302 So.2d 278 (La. 1974); Fox v. State Farm Mutual Auto. Ins. Co., 288 So.2d 42 (La.1974). Therefore, we will not modify the award.
For the reasons assigned, the judgment of the Court of Appeal is reversed and the trial court judgment is reinstated; costs of appeal to be borne by defendants.
SANDERS, C. J., dissents and will assign written reasons.
SUMMERS and MARCUS, JJ., concur.
SANDERS, Chief Justice (dissenting).
As I understand the majority opinion, it abolishes the defense of contributory negligence in suits by pedestrians against motorists for injuries. Thus, the decision represents major surgery upon the law of Louisiana.
As support for the decision, the majority cites Belshe v. Gant, 235 La. 17, 102 So.2d 477 (1958), opining that the decision signaled an intention to abolish contributory negligence in such cases. My examination of this 1958 decision discloses that the doctrine of last clear chance was applied.
The majority also relies upon the "humanitarian doctrine" of Missouri. Under that doctrine, an automobile is treated as a dangerous instrumentality, and the operator is charged with knowledge of a pedestrian's peril whether he actually saw it or not. The majority approves the doctrine "in its application to pedestrian-motorist cases." See fn. 6.
The "humanitarian doctrine" has been widely criticized as an "obvious fiction." No other state has adopted it.
In commenting upon the doctrine, Dean William L. Prosser states:
"It appears to have begun as a distinction between a defendant operating a dangerous machine, such as a railroad train or an automobile, and a plaintiff who was not, and to have become transformed instead into a doctrine favoring the plaintiff where both parties were equally, and similarly, at fault. Unquestionably it represents an attempt to stress the greater importance of human safety over the convenience and financial interests of defendants; but its application has been marked by such great confusion, and so many appeals, that no other court has been tempted to follow the Missouri cases." W. L. Prosser, Law of Torts, 4th ed. 1971, p. 432.
It is difficult for me to understand the validity of a holding that an automobile driver has a higher duty of care to protect a pedestrian than a pedestrian has to protect himself. In any event, if there is to be a major revision of the law, it should be based upon a careful study of the entire field of delictual responsibility followed by legislative action. The approach in the present case is not in the public interest.
For the reasons assigned, I respectfully dissent.
On Motion For Rehearing
PER CURIAM.
In our original opinion we reversed the judgment of the Court of Appeal in favor of defendants and reinstated a trial court judgment in favor of plaintiffs.
State Farm Mutual Automobile Insurance Company has applied for rehearing. That application is denied. The applicant does however point out an error in the judgment of the district court which by our opinion we reinstated. State Farm's policy covering William N. Morgan contained liability insurance with limits of $15,000 and medical payments coverage in the sum of $500 per person. The trial judge awarded plaintiff $31,288.17 plus court costs and expert witness fees, $15,500 of which was awarded against Morgan and the insuror State Farm.
Applicant points out that coverage C, medical payments, part II of the policy, is by its terms not made available to a claimant such as the pedestrian deceased in this case for, pertinently, he was not "occupying" the owned automobile. For this reason we amend our original decree by reinstating the judgment of the trial court in all particulars except that the award against State Farm is and shall be limited to $15,000.
We reverse to plaintiffs-relators the right to apply for further rehearing within the legal delay, the application to be limited to issues pertaining to the amendment herein of our original decision.
SANDERS, C. J., and SUMMERS and MARCUS, JJ., would grant a rehearing.
1. The doctrine arose out of a mid-nineteenth century English case. Davies v. Mann, 10 M. and W. 546 (Court of Exchequer 1842). It was first recognized in Louisiana in 1894. McGuire v. Vicksburg, S. & P. R. Co., 46 La.Ann. 1543, 16 So. 457 (1894).
2. See Comment, "The Last Clear Chance Doctrine in Louisiana—An Analysis and Critique", 27 La.L.Rev. 269, 276-83 (1967), for a more detailed history of the doctrine's development in Louisiana.
3. R.S. 32:212(A) provides: "When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a cross-walk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching closely from the opposite half of the roadway as to be in danger." See also Ordinances of the City of New Orleans, § 38-176. Compare R.S. 32:213(A) which provides: "Every pedestrian crossing a roadway at any point other than within a marked cross walk or within an unmarked cross walk at an intersetion shall yield the right of way to all vehicles upon the roadway." See also Ordinances of the City of New Orleans, §§ 37-179, 180. Defendants argue that R.S. 32:212(B) applies and would bar the plaintiffs' recovery in the instant case. It reads: "No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield." When Baumgartner left the curb of Canal Boulevard Morgan was more than 200 feet away. Baumgartner had already crossed 25 feet of the 28 foot roadway when struck. Had Baumgartner been aware of Morgan's approach he could reasonably have assumed that Morgan would have slowed and yielded the right of way upon seeing Baumgartner crossing within the crosswalk. Had Morgan seen Baumgartner crossing when he should have seen him he would have noticed Baumgartner's obvious intention of proceeding into Morgan's path. In any event, while Baumgartner did have the right of way he was negligent in continuing into Morgan's path at a time when Morgan was no longer able to stop. This, however, as expressed more fully within, does not bar the plaintiffs' recovery.
4. See, e. g., Belshe v. Gant, 235 La. 17, 102 So.2d 477 (1958); Taylor v. Kendall, 162 So.2d 156 (La.App. 3d Cir. 1964); Ingram v. McCorkle, 121 So.2d 303 (La.App. 1st Cir. 1960); Deck v. Page, 77 So.2d 209 (Orl.La.App.1955); Prine v. Continental Southern Lines, 71 So.2d 716 (La.App. 2d Cir. 1954); Moore v. NOLA Cabs, 70 So.2d 404 (Orl.La.App.1954); Breaux v. Barichnivich, 49 So.2d 651 (La.App. 1st Cir. 1950). Indeed these decisions even appeared to ignore the idea of last opportunity.
5. See Comment, supra note 1, at 275-76, exploring this concept. See also 2 Harper and James, The Law of Torts 1256 (1956); Green, "The Duty Problem in Negligence Cases: II," 29 Colum.L.Rev. 255, 278 (1929); Green, "Contributory Negligence and Proximate Cause," 6 N.C.L.Rev. 3, 31-32 (1927).
6. A similar theory has been employed in Missouri in what is called the "humanitarian doctrine." By that doctrine the last clear chance rule was extended by charging the operator of a dangerous instrumentality with knowledge of a pedestrian's peril, whether he actually saw it or should have seen it. Thus, the motorist must exercise the highest degree of care rather than ordinary care, as is the usual case. See Gaines, "The Humanitarian Doctrine in Missouri," 20 St. Louis L.Rev. 113 (1935). The doctrine, in its original conception, represented an attempt to stress the greater importance of human safety over the convenience and financial interest of defendants. It has since been extended beyond its primary intention to encompass collisions between two automobiles. Prosser, Handbook of the Law of Torts 431-32 (1971). We approve of the doctrine in its application to pedestrian-motorist cases.
7. Professor Wex S. Malone, in commenting on this case, stated: ". . . The decision suggests to this writer that in pedestrian cases, at least, we have placed the contributory negligence of the pedestrian on the shelf whenever the alleged carelessness of the motorist is his failure to make a reasonable adjustment to the emergency situation before him. . . ." 19 La.L.Rev. 334, 340 (1959).
8. Although we find the last clear chance doctrine inapplicable to the instant case we take this opportunity to express our disapproval of a concept first introduced into Louisiana jurisprudence by this court in Bergeron v. Department of Highways, 221 La. 595, 60 So.2d 4 (1952). Relying on the authority of American Jurisprudence and quoting from it, we stated that the doctrine of last clear chance is a "two-edged sword, applicable equally to the rights of a defendant and those of a plaintiff." 60 So.2d at 8. Since the last clear chance doctrine was originally intended as an escape from the effects of contributory negligence on the part of plaintiff, it is doubtful that last clear chance was intended to be a weapon in the hands of defendant. In any event, the concept of last chance should not be taken literally where a mutuality of risks is lacking.


text:
Q: R convert character "111213" into proper time which is "11:12:13" R convert character "111213" into time "11:12:13".
strptime("111213", format="%H%m%s") gives NA
and
strptime("111213", "%H%m%s") gives 1970-01-01 01:00:13 CET

A: I think the canonical answer would be as in my comment:
format(strptime("111213", format="%H%M%S"), "%H:%M:%S")
#[1] "11:12:13"

where you can read ?strptime for all the details. format is a generic function, and in this specific case we are using format.POSIXlt.
Another solution is to merely play with string:
paste(substring("111213", c(1,3,5), c(2,4,6)), collapse = ":")
#[1] "11:12:13"

This makes sense because your input is really not a Date-Time: there is no Date.

A: We can use
library(chron)
times(gsub("(.{2})(?=\\d)", "\\1:", "111213", perl = TRUE))
#[1] 11:12:13

A: To manipulate time, you can use hms package.
By default, it working with %H:%M;%S (or %X format).
For you specifique time format ("111213"), you need to go through base function as.difftime

hms::as.hms(as.difftime("111213", format = "%H%M%S"))
#> 11:12:13

A: So if we incorporate also date in similar "integer" format we can obtain command :
strptime("20181017 112233", format="%Y%m%d %H%M%S")

redpajama_set_name: RedPajamaStackExchange


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redpajama_set_name: RedPajamaGithub


TRG was honored this week by Oncor as the Rising Star Company of the Year for their Supplier Diversity program. The award ceremony, which was scheduled for March 29th, had to be postponed due to storm related power restoration efforts. The award ceremony was worth the wait. We are so honored. Thank you, Oncor!


text:
<?php

namespace Ifschleife\Bundle\AutowiringBundle\Autowiring;

/**
 * Inflector
 *
 * @author joshi
 */
class Inflector
{
    /**
     * Converts a camelized word into the format of a generic parameter name.
     * Converts 'Swiftmailer$x' to 'swiftmailer',
     * 'doctrineEntity_manager$x' to 'doctrine.entity_manager'.
     *
     * Pattern stolen from doctrine inflector.
     * (@copyright Konsta Vesterinen <kvesteri@cc.hut.fi> @copyright Jonathan H. Wage <jonwage@gmail.com>)
     *
     * @param  string $word  Word to transform
     * @return string $word  "xIdzed" word
     */
    public static function propertyName2x($propertyName, $x)
    {
        $camelized = preg_replace('#' . $x . '$#', '', $propertyName);

        return strtolower(preg_replace('~(?<=\\w)([A-Z])~', '.$1', $camelized));
    }

    /**
     * Turns a classname info a service id. Converts Doctrine\ORM\EntityManager to
     * doctrine.orm.entity_manager.
     *
     * Pattern stolen from doctrine inflector.
     * (@copyright Konsta Vesterinen <kvesteri@cc.hut.fi> @copyright Jonathan H. Wage <jonwage@gmail.com>)
     *
     * @param string $classname
     * @param string $namespace_name
     * @return string: The servized classname
     */
    public static function className2ServiceId($classname, $namespace_name = null)
    {
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    }
}


Breathing comfortably in the home is very important and when you are dealing with mold, mildew and excess bacteria there's no way to truly breathe comfortably. The Frigidaire® 70-Pint Dehumidifier changes that. This Frigidaire dehumidifier gets that excess moisture out of the air with ease. Use the Frigidaire Dehumidifier in a variety of spaces and for continuous operation, hook it up to a proper drain.
The Frigidaire 70-Pint Dehumidifier is the perfect solution to a damp bathroom or a basement. This machine runs quietly and efficiently so there won't be the annoying humming sound that some appliances make. With a 70-pint daily capacity, you can be sure your Frigidaire gets the job done each day and that the air you and your family breathe will be free from problematic particulates.
The truth is everyone can use a Frigidaire Dehumidifier because every home has an excess amount of moisture in it unless the air is constantly circulating between interior and exterior sources. The people who could definitely use a dehumidifier are those with breathing issues such as asthma or allergies. These folks are constantly battling congestion and other uncomfortable consequences from having too much dampness in the home.
Others who would benefit from a dehumidifier are people who are having to deal with damp air as part of the natural environment. People who live in the Southeast, for example, have very humid days and nights. The air conditioner can only extract so much humidity from the air, and on hot days the humidity makes the heat stifling. Use a dehumidifier to make the room a bit less stifling and this will help your air conditioner run more efficiently.
All dehumidifiers, like the Frigidaire model, should be extremely energy efficient. Since these models will be running for long periods of time, a low-temperature model such as this one doesn't use a lot of electricity. A model with a high capacity is important as well. The 70-pint model is perfect because it can draw a lot of water from the air. Just to give an idea of how much 70 pints is, that's equivalent to nearly 9 gallons of water. This system reliably removes a lot of water from the air each day.
The other consideration is a dehumidifier that can be automated. The Frigidaire comes with settings for the proper amount of humidity you would like in a home. Additionally, being portable matters too. This dehumidifier has wheels on casters allows it to easily be moved from room to room. Wherever it is needed, it goes with ease.
If any room in the home has a musty smell, there's a good chance the room is a haven for dampness. Rooms like this tend to be basements or other places where water doesn't have the chance to evaporate. Rooms that have had problems with mold are also candidates for a dehumidifier. Once the mold is remedied, use a dehumidifier to keep the space free from dampness so mold can't reform.


After all of Chiapan Gov. Juan Sabines' rhetoric that the freed political prisoners did not commit the crimes they were convicted of and that justice was done the day they were freed, it turns out he freed the prisoners with conditions. Strict conditions. The prisoners are out on parole, and they have to report to Tuxtla monthly to sign a ledger until their original sentences are completed. This means that a prisoner that served almost six years of his eight-year sentence must report to Tuxtla monthly for over two years.
This is an extraordinary burden on people who Juan Sabines proclaimed are innocent. These men and women were poor before they went to prison, and after being in prison for so long without work they're even poorer. One prisoner's family reported that they lost their home after their breadwinner's imprisonment. The trip to Tuxtla costs time and money that these people don't have--some of them will have to travel fifteen hours every month to comply with their parole.
There are still seventeen prisoners inside, thirteen of whom are on hunger strike, six of them for over forty days.


The School of Business and Economics drives innovation through experiential learning. In our seven undergraduate majors and accelerated master's degrees, students take on real-world business development experiences. Launching businesses. Pitching inventions. Investing real money. Students in the School of Business and Economics at Michigan Tech learn by doing.


Adult male black-tailed deer weigh up to 200 pounds while the females weigh as much as 130 pounds. The males grow antlers that fork evenly, which they shed each year. The antlers that grow in after that are usually heavier and bigger in diameter, provided the males are getting plenty of nutrients. The bigger the antlers, the more the bucks are sought after by does.
If pursued, the deer will escape in bounding leaps, with all four of their hooves hitting the ground at the same time. Known as "stetting," this stiff-legged jumping is especially beneficial on uneven terrain.
They munch on a wide variety of greens, such as grass and clover, but their favorites are the tender, growing tips of trees and shrubs. They'll also eat lichen, fruit, nuts and the stuff in your garden.
They eat like starving teenagers; they barely chew before swallowing. They don't have to; they've got four stomachs to break down food.
The first time through, their food lands in the first stomach, known as the rumen. Then it's regurgitated, chewed again, swallowed again. It goes to the second stomach, where digestion begins. After that, it heads to the third stomach, then the fourth, before finally going into the intestines.
To learn more about deer and how to grow plants that will keep the munchers out of your yard, go to wdfw.wa.gov/wlm/living/deer.


text:
Jamelle McMillan
The Bird Calls Podcast Ep. 12: Jamelle McMillan gives insider account of summer league and shares expectations for next season's Pelicans
Summer League Pelicans-Nuggets Postgame: Jamelle McMillan 7-14-17
Vigilant Sports Podcast: Interview with Jamelle McMillan
Published by jamelle at July 19, 2017
Jrue holiday
sb nation
The bird writes
Jamelle McMillan, who is normally an assistant coach for the Pelicans and will be entering his sixth season on our sidelines, was selected to sit at the top of the food chain during the past several weeks as the head coach of the New Orleans summer league team in Las Vegas.
Despite a 1-4 record prior to tourney play, Jamelle aptly says that the team was only a combined 4-5 possessions away from winding up 4-1. Records aside, he was proud of this group of guys because of their effort levels and demonstrated ability to soak in and execute a lot of new information.
Listen to Jamelle go into great depth about his personal experiences to get to this point, an insider's account of a ton of behind the scenes action and, of course, the entire SL roster, placing specific focus on the expectations and results of Cheick Diallo and Quinn Cook as well as mentioning a few surprise performers. (Hint: one of the guys is a player I've been touting since the first game — Jalen Jones.)
Next, Jamelle highlights what's next for him (besides catching up on a lot of sleep) and the players. Although training camp doesn't start until September many are already working hard for next season and there's plenty of reasons for fans to be excited. For instance, there's good hope Solomon Hill is on track to have a nice campaign and we shouldn't be quick to dismiss the chances of Darius Miller making a contribution.
Jamelle also uniquely describes his role involves so much more than just x's and o's, practices and training. The bonds he is able to form with individuals might be the most important aspect because it opens the door to everything else, and he can't wait to get closer to DeMarcus Cousins or go pick Rajon Rondo's brain.
"We'll see if I can connect with DeMarcus here and we can become besties. He's been a good guy, we've talked a couple of times. We'll get Rondo in here and figure it out."
Although he loves his current position and remains incredibly grateful for the on-going opportunity to work for the Pelicans, he doesn't hide the fact that becoming a head coach is a position he would like to achieve someday.
Anyways, that's enough written details. Go have a listen right now!
CLICK HERE TO LISTEN!
https://www.thebirdwrites.com/2017/7/18/15987210/nba-summer-league-pelicans-jamelle-mcmillan-insider-diallo-cook-cousins-rondo-jrue-podcast
As always, we are available on Itunes, Stitcher, and Tunein!
http://BlogTalkRadio.com/thebirdwritesnb
jamelle
Suns assistant coach Jamelle McMillan sounds a lot like Pacers coach Nate McMillan
WESTWOOD, CA - JANUARY 17: Jamelle McMillan #10 of the Arizona State Sun Devils drives the ball past Darren Collison #2 of the UCLA Bruins during the college basketball game at Pauley Pavilion on January 17, 2009 in Westwood, California. (Photo by Christian Petersen/Getty Images)
ASU's Jamelle McMillan Joins Suns Coaching Staff
Former ASU basketball player Jamelle McMillan joining Suns staff
© 2019 Jamelle McMillan. All Rights Reserved.

redpajama_set_name: RedPajamaCommonCrawl


This course is a great way to build the skills you need to work effectively with children, or to increase the opportunities for advancement in your current career. It will even award you 15 UCAS points, which can help secure a place in many coveted university programmes across the country.
Working with children and assisting in their educational development is both a rewarding and inspiring role. You can help to shape and mould their interpretations of the world and play a key role in their development and growth.
Our CACHE Level 3 Award in Childcare and Education is uniquely designed to help you embrace your passion for childcare, and do so on your own terms. No exams. No classes.
This fantastic course has been tailored for home study, making it possible for you to find a healthy work-study balance that works around you. In fact, you can shape this course around your learning requirements, and study when, where and how you want.
More importantly, you can do it from the comfort of your own home.
And this is fantastic news, if you are taking your first steps back into education or wish to broaden your skillset whilst working; as you can study at your own pace without having to make any unnecessary sacrifices.
This course has been created by CACHE who specialise in the care and education sectors. Whilst creating this course, they have harnessed the expertise of industry specialists, to ensure that everything you're taught is exactly what employers expect of you.
From the biological and psychological development of children, to recognising their physical and emotional needs; you can achieve an excellent foundation of knowledge in childcare and education, and acquire skills that are easily transferable into your future career.
Split into 2 units, both aim to equip you with the knowledge and understanding to go onto further vocational training and placement opportunities, which can enhance your career options. You can discover everything you need to know about a child and young person's development, well-being and health, whilst also acquiring a deeper comprehension of role expectations and situations you may face whilst working with children.
Enable you to study from the comfort of your own home whilst maintaining a healthy work-study balance.
This course is assessed using a series of written assignments that will test your knowledge of the syllabus taught on this course. Through these written submissions to your tutor (sent via mail or email) you will be able to demonstrate your comprehension and competency, as well as be able to show how this theoretical knowledge can be applied to real life scenarios.
These assignments will be marked by your personal tutor, who will also strive to provide you with valuable tips and feedback to help improve your marks.
No prior knowledge or skills are needed to enrol onto this course. Similarly, as this is only a knowledge based course, there is no need to be working within a childcare or educational environment. All we ask is that you are at least 16 years old.
Upon successful completion of this course you will receive a NCFE CACHE Level 3 Award in Childcare and Education which has been accredited by the qualifications regulators for England, Wales and Northern Ireland (part of the Qualifications and Credit Framework (QCF).
This qualification is to guide and assess your development in relation to working in the children and young people's workforce, and will enable you to pursue a career working in Early Learning and Childcare; Social Care, and Learning Development and Support Services workforce.
This course can also be used to help you to progress onto our NCFE CACHE Level 3 Certificate in Childcare and Education (VRQ) qualification, and then on to the NCFE CACHE Level 3 Diploma in Childcare and Education (Early Years Educator) (VRQ).
From the moment you enrol onto this 1 year course, you will have the full support of our personal tutors and student support team, who will always be on hand to answer your questions, queries or concerns.
By email or by post, you can reach out to our team and acquire all the advice and guidance you could ever need. Similarly, through your written assignments, our personal tutors can provide you with tonnes of valuable feedback and tips, which can be used to boost your grades and maximise your results.


Rubbery ormosil films with immobilized aminofluorescein (AF) were investigated to develop an optochemical sensor for the determination of ammonia in water. The get precursors with tetramethoxyilane (TMOS) and dimethyldimethoxysilane (DiMeDMOS) were deposited on glass supports. and characterized in terms of response to pH. and to dissolved ammonia at constant pH. After preconditioning the sensing film was stable for 6 months. The detection limit for ammonia in water was 0.2 mug mL(-1) (S/N 2). the response being linearly dependent on concentration in the range of 0.5 to 80 mug mL(-1) ammonia. The response time was less than 5 min. The effects of sodium chloride concentration, temperature. and coexisting metal ions and compounds were investigated.


The Fill Customer Order Reminders screen displays open customer orders that can be filled or partially filled with your available (including just received) item quantities. When you receive backorder items on a receiving voucher, Point of Sale will alert you that there are customer orders pending for the received items.
Click on I Want To, select Make A Customer Order, and select Layaway.Enter the items either by using the drop down or scanning. After ringing up all the items, either select the customer in the Customer Info drop down, or enter their information at this point.
Before you hit the "Yes" on the question Would you like to get the latest QuickBooks™ Point of Sale 18 revision, read this article. You may be destroying your QuickBooks™ Point of Sale 18.0 Data File.


Hymnal Survey Closed -- OPEN AGAIN!
and make your selections. I hope you'll help us spread this word to others.
As of today we are right on top of General Conference for the United Methodist Church.
16 Bishops will be retiring this year and so election of Bishops will play a prominent role in the Conference. Our own Mary Ann Swenson will not be retiring, though she has come to the end of her 8 years in Cal-Pac. We are looking to invite her back for one more term, and she has asked to serve another quadrennium with Cal-Pac.
Bishop Swenson has some hopes for General Conference '08 and she shared them in her weekly letter to the churches.
1. Admission into congregational membership shall be contingent upon the following criteria: pending members shall regularly participate in a class / covenant group meeting (3/4 of the scheduled meetings over four months); be recommended by the pending member's class / covenant group; accomplish 72 hours of hands-on mission service; make and keep a pledge of 3% of net taxable income. Annual continuation of membership shall be contingent upon these same criteria, with the modification that the period of class participation shall be over ten months.
2. Every annual conference shall annually provide evidence to the Council of Bishops that 25% of the conference's total worshipping attendance has participated in 72 or more hours of hands-on mission work with the homeless and the hungry, the ill and dispossessed.
3. Every annual conference shall provide evidence to the Council of Bishops that the Conference is annually increasing the percentage of those in worship attendance participating in hands-on mission work.
4. The General Conference shall expand funding in order to scholarship at least 50% of the cost of full-time enrollment for approved ministerial candidates attending United Methodist seminaries.
5. The General Conference shall extend funding to cover at least 50% of the cost of lay speaker certification across the denomination.
6. The General Conference shall assign to the Jurisdictional Sessions the authority to monitor and approve the operational and missional structures of the annual conferences within their respective jurisdictions.
7. Congregations seeking a full-time appointed elder shall show pledged and loose plate receipts for the prior two years sufficient to fully compensate an appointment at the minimum equitable salary rate as established by the Annual Conference in which the congregation is located.
8. For the purposes of interfaith dialogue, General Conference shall suspend Articles I and II of the Restrictive Rules for one quadrennium.
§ Empower the Connectional Table to address denominational needs in the interim between General Conference sessions.
10. General Conference shall schedule one full day of the 2012 General Session for all delegates to be in hands-on service to the indigent living in the city hosting the General Conference.
We have had some acrimonious General Conferences in the past regarding some of the "tense issues" of the church, often defined along Liberal-Conservative lines. This year at General Conference some ideas about conversation will be upheld as we strive with difficult problems within the church.
For more on this check out: from UMNS "United Methodists seek change in tone at assembly"
The church is trying to reorder itself with four focus areas for ministry.
And if you are really serious about your denominational support, there are even General Conference gifts you can buy.
More from ASBO Jesus - ASBO I learned is an acronymn in England … an 'asbo' is an 'anti-social behaviour order'… the courts here award them to people who are deemed to be constant trouble in their neighbourhoods… presumably according to their neighbours!
but keep its value in perspective!
Seems most nights begin with the question: What do you want for dinner tonight?
I need some help trying to develop some good, healthy (home cooked helps) meals. If you can do this without throwing mexican recipes in the mix, please help...tonight would be great, but comment away for the future.
Add your favorite recipe, something you tried and loved, something you've been dying to try and want a guinea pig to do a run through. Post it here.
Interested in playing Fantasy Pick'em on Yahoo?
Wanna see how you stack up in the Methoblogosphere?
While doing some reading through my blogroll today, I saw Josh Tinley make a comment about top down, unilateral decisions as un-Methodist.
There is a lively debate going on in the Methoblogosphere.
This is a tough subject for any pastor, because the truth is that the expectations of the congregation may not be all that far from those examples. This comes from the variety of people who have divergent expectations, and often the failure of the church to "own" their expectations of the pastor, or correct on a corporate level the competing expectations of the congregation.
I found Dr. Tony's quote helpful in his comments from the follow-up post.
I share Brett Olson's concern for the clergy, and for what makes a good pastor. I think the basic premise of any pastor should be to "love the congregation". This is where the real rub of ministry begins to take shape, and may be fodder for a larger post later. Suffice it to say, that for now, what a congregation needs in the way of love, what a pastor can give in the way of love, and how that all takes life is where the inherent conflicts of congregations and pastors really come to fruition. I hope that in your congregation these can be ongoing conversations.
So then, rather than what I want in a pastor, let me share a little of what I expect of a congregation. As I said, I think Thoreau has it right, to an extent - let each go at the pace of the drummer he or she hears. This comes in Christian circles as the voice of the shepherd, who may be playing a flute, rather than a drum (though I can think of at least one hymn where the shepherd plays a drum, and here is an outstanding rendition).
The pastor is not the only one who is to go into the world, or do the ministry of the church, but to "equip the saints (those who proclaim Christ as their Lord and Savior) for the ministry of Christ." This means training and teaching, modeling, and practicing.
I'll be honest for a moment, I don't always get it right, and sometimes in the view of one member or another I may have misplaced my priorities, but I am always trying to train and teach, and be faithful to my understanding of the witness of Jesus Christ to a broken and hurting world today.
Post number 300 seems to be big in some parts of the world.
For me, I needed a good laugh to help lighten my day.
It seems all too apropos since my dog is recently in the midst of failure, and we are trying to determine how to move forward best from here.
I got an email from a friend of mine who is serving on the design team for Christian Educators Fellowship Conference 2008, October 24-27, in Albuquerque, NM. This is an outstanding gathering for Christian Educators, and will be paired with the Preaching From the Center conference, sponsored by GBOD.
She was excited to share that she had been approved by her conference Board of Ordained Ministry for her certification in Christian Education (as well as the more important issue of being affirmed in her call for commissioning in the United Methodist Church).
In the chaos of my life, I realized I had forgotten already that just yesterday morning the Cal-Pac Board of Ordained Ministry also approved my certification in Christian Education. This came after a good run for my Camp and Retreat Ministry Certification, and some trials with my paperwork, and explanation of Certification for Full-Connection Elders in Christian Education.
Certification is a great way to affirm your call, and pursue your education in your field of choice. Check out the GBHEM website to see more of the areas you can be certified.


text:
news Two Chiefs players clipped by barber's positive COVID-19 test – NFL.com
TAMPA, Fla. — A barber who recently cut the hair of two Chiefs players received a positive test result for COVID-19 on Sunday, per sources, leading to receiver Demarcus Robinson and center Daniel Kilgore landing on the reserve/COVID-19 list Monday, six days before Super Bowl LV.
Neither Robinson nor Kilgore has tested positive and all parties were masked during the encounters, lowering the chance of transmission, sources say. But given the duration and proximity, both were deemed high-risk close contacts of the barber and had to be placed on the reserve/COVID-19 list.
If Robinson and Kilgore continue to test negative, both will be eligible to return to the Chiefs' active roster in time to face the Buccaneers prior to Sunday, though they won't be able to practice before the weekend because of the mandatory five-day isolation period. The Chiefs aren't traveling to Tampa until Saturday.
Sources say the barber tested negative five consecutive days before he was allowed to enter the Chiefs' facility — including a Saturday PCR test that came back negative Sunday. The barber took an additional rapid test as a precaution before entering the facility Sunday, but the results were delayed briefly because of a line of friends and family also getting tested. He was wearing double PPE and was still cutting Kilgore's hair — the first in a line of players waiting for haircuts — when the positive result came back. The barber was immediately removed; in a follow-up interview with NFL officials, the barber said he'd also cut Robinson's hair the previous day away from the facility.
On Dec. 18, the NFL sent a memo with several updates to COVID protocols, noting that "non-club service providers such as barbers, personal chefs, chiropractors, masseuses and stretching assistants who are employed by individual players" frequently contribute to positive cases and strongly encouraged clubs to have them tested prior to performing services.
Chiefs receiver Tyreek Hill made note of the team's cautious approach during Super Bowl Opening Night festivities Monday, telling reporters: "The Chiefs are bringing in barbers to the facility and getting 'em tested. So, like, they are really following protocol."
Players are being tested for COVID-19 twice daily in advance of Super Bowl LV. No player on either team has tested positive in more than a week, and no Chiefs player or staffer tested positive in the latest round of testing available Tuesday.
Robinson has played in every game this season, totaling 45 catches for 466 yards and three touchdowns in the regular season. He started the AFC Championship Game win over the Bills, but wasn't targeted. Kilgore appeared in seven games (four starts) in the regular season and also played as a backup in the AFC title game. He could be in line for a larger role this week because of injuries along the offensive line.
Leo: Personal growth and a healthy lifestyle are encouraged – Lewiston Sun Journal
Anemia and Anxiety: Understanding the Connection – Healthline
Nutrition & Weightloss
Folexin
Copyright © 2023 Health Arcadia. All rights reserved


text:
Keyword (text search): cpe:2.3:o:microsoft:windows_xp:-:sp2:*:*:starter:*:itanium:*
The Microsoft Time component in DATIME.DLL in Microsoft Windows XP SP2 and SP3 and Server 2003 SP2 allows remote attackers to execute arbitrary code via a crafted web site that leverages an unspecified "binary behavior" in Internet Explorer, aka "Microsoft Time Remote Code Execution Vulnerability."
Published: December 13, 2011; 7:55:01 PM -0500 V3.x:(not available)
The kernel in Microsoft Windows XP SP2 and SP3, Windows Server 2003 SP2, Windows Vista SP2, Windows Server 2008 SP2, and Windows 7 Gold and SP1 does not properly initialize objects, which allows local users to gain privileges via a crafted application, aka "Windows Kernel Exception Handler Vulnerability."
Unspecified vulnerability in the TrueType font parsing engine in win32k.sys in the kernel-mode drivers in Microsoft Windows XP SP2 and SP3, Windows Server 2003 SP2, Windows Vista SP2, Windows Server 2008 SP2, R2, and R2 SP1, and Windows 7 Gold and SP1 allows remote attackers to execute arbitrary code via crafted font data in a Word document or web page, as exploited in the wild in November 2011 by Duqu, aka "TrueType Font Parsing Vulnerability."
Apple QuickTime before 7.7.1 on Windows allows remote attackers to execute arbitrary code or cause a denial of service (memory corruption and application crash) via crafted TKHD atoms in a QuickTime movie file.
Published: October 27, 2011; 10:49:53 PM -0400 V3.x:(not available)
Integer overflow in Apple QuickTime before 7.7.1 allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via a crafted movie file with JPEG2000 encoding.
Buffer overflow in Apple QuickTime before 7.7.1 allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via a crafted movie file with FLC encoding.
Integer signedness error in Apple QuickTime before 7.7.1 allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via a crafted font table in a QuickTime movie file.
Integer overflow in Apple QuickTime before 7.7.1 on Windows allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via a crafted PICT file.
Buffer overflow in CoreAudio, as used in Apple iTunes before 10.5, allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via a crafted Advanced Audio Coding (AAC) stream.
Published: October 12, 2011; 2:55:02 PM -0400 V3.x:(not available)
Buffer overflow in CoreMedia, as used in Apple iTunes before 10.5, allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via a crafted movie file with H.264 encoding.
WebKit, as used in Apple iTunes before 10.5, allows man-in-the-middle attackers to execute arbitrary code or cause a denial of service (memory corruption and application crash) via vectors related to iTunes Store browsing, a different vulnerability than other CVEs listed in APPLE-SA-2011-10-11-1.
CoreFoundation, as used in Apple iTunes before 10.5, does not properly perform string tokenization, which allows man-in-the-middle attackers to execute arbitrary code or cause a denial of service (memory corruption and application crash) via unspecified vectors.
Untrusted search path vulnerability in the Microsoft Active Accessibility component in Microsoft Windows XP SP2 and SP3, Windows Server 2003 SP2, Windows Vista SP2, Windows Server 2008 SP2, R2, and R2 SP1, and Windows 7 Gold and SP1 allows local users to gain privileges via a Trojan horse DLL in the current working directory, aka "Active Accessibility Insecure Library Loading Vulnerability."
Apple QuickTime before 7.7 on Windows allows remote attackers to execute arbitrary code or cause a denial of service (memory corruption and application crash) via a crafted image description associated with an mp4v tag in a movie file.
Published: September 06, 2011; 11:55:01 AM -0400 V3.x:(not available)
Heap-based buffer overflow in Apple QuickTime before 7.7 allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via crafted STSZ atoms in a QuickTime movie file.
Published: August 03, 2011; 10:45:32 PM -0400 V3.x:(not available)
Heap-based buffer overflow in Apple QuickTime before 7.7 allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via crafted STSS atoms in a QuickTime movie file.
Heap-based buffer overflow in Apple QuickTime before 7.7 allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via crafted STSC atoms in a QuickTime movie file.
Stack-based buffer overflow in the QuickTime ActiveX control in Apple QuickTime before 7.7 on Windows, when Internet Explorer is used, allows remote attackers to execute arbitrary code or cause a denial of service (application crash) via a crafted QTL file.
Multiple stack-based buffer overflows in Apple QuickTime before 7.7 on Windows allow remote attackers to execute arbitrary code or cause a denial of service (application crash) via a crafted H.264 movie.


Buy this Special Collector's Edition!
For two hours on either side of low tide, find respite from the Bar Harbor crowds with a restorative trek across an ephemeral gravel land bridge (the town's namesake) to lupine-strewn Bar Island. A park-maintained trail leads up a 120-foot hill to views of the village and MDI's peaks. To avoid wet shoes (or worse), check the tides at the harbormaster's office before heading out.


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ACCC sues Facebook
ACCC sues Facebook Meta over Cryptocurrency Scam Ads
21 March 2022 Last Updated: 27 January 2023
Australia's consumer law regulator, the Australian Competition and Consumer Commission (ACCC) has commenced Federal Court proceedings against Facebook (specifically, Meta Platforms, Inc. and Meta Platforms Ireland Limited). The proceeding centres around Facebook's alleged failure to prevent scam advertisements from running on the social media platform.
According to an ACCC media statement, Facebook is being pursued on the basis that it allegedly:
engaged in false, misleading or deceptive conduct in breach of the Australian Consumer Law (ACL) and/or the ASIC Act (which regulates financial products and services); and
aided, abetted, or was knowingly concerned in, the misleading and deceptive conduct of advertisers on its platforms.
The Australian Securities and Investments Commission's (ASIC) delegate is listed as a co-applicant with the ACCC in respect of the alleged contraventions of the ASIC Act.
The Australian Consumer Law
The ACL generally prohibits businesses from engaging in conduct that is misleading, deceptive or likely to mislead and deceive.
More specifically, traders are prohibited from making statements (or "representations") that are false or misleading in connection with supplies or potential supplies of goods and services.
The prohibition also extends to:
false and misleading testimonials - where a trader falsely claims a representation is a testimonial, or falsely attributes a testimonial to a person; and
false association - where a trader falsely represents that their business, goods or services have been approved, sponsored or endorsed by another person.
In the current case, it is alleged that the relevant advertisers used images of prominent Australians (and other international celebrities) such as Dick Smith, Andrew Forrest and David Koch in advertisements promoting cryptocurrency and investment products. Some of the advertisements are alleged to have linked to fake news articles purportedly published by popular Australian mastheads.
However, none of the celebrities or media outlets had formally approved the advertisements or been associated with the advertisers. Thus, the ads are claimed to have falsely attributed the celebrities' testimonial or endorsement, or associated themselves with the media outlets, as a means of deceiving consumers as to the legitimacy or credibility of the ads, in turn increasing their effectiveness.
The contents of the advertisements are also alleged to have promoted various financial products, which turned out to be scams. According to the ACCC, multiple consumers have been caught up in the scams - losing millions of dollars. It is claimed that one victim lost over $650,000, and the ACCC's Scamwatch service reports Australians lost over $99 million to cryptocurrency scams in 2021.
How can Facebook be liable for conduct of a third party?
It is acknowledged that Facebook is unlikely to have authored the advertisements in question. However, Facebook is claimed to have editorial and moderator controls over the content it allows to be published and advertised over its platforms.
A key argument from the ACCC is that Facebook failed to adopt appropriate measures to take down the false advertisements when notified, or prevent their publication in the first place (such as by using an algorithm to filter suspicious content for review). It is alleged that at least some of the celebrities repeatedly complained to Facebook but were not successful in having those complaints addressed. Meanwhile, Facebook allegedly continued to profit from revenue gained from its sale of advertising space on the platform.
In this failure, Facebook is alleged to have been complicit, or "knowingly concerned" in the conduct of the advertisers. Under the ACL, by failing to act when put on notice of the allegations of the unlawful conduct, Facebook may be statutorily liable as an accessory to that conduct.
These arguments have been run previously. Over a decade ago, the ACCC sued Google, under the then Trade Practices Act 1974, over similar claims. In that case, the ACCC argued Google was complicit in allowing false or misleading paid advertisements on its search engine advertising platforms. In 2013, the High Court of Australia unanimously ruled in Google's favour: finding that although Google acted as an intermediary in publishing the ads, it was not ultimately responsible for their content.
It remains to be seen whether similar reasoning will follow in the case against Facebook.
Key differences may include the nature of the ads as scams (rather than commercial advertisements) and the argument that Facebook allegedly allowed the ads to continue (or failed to remove and prevent them) despite being "put on notice" by multiple complainants.
Lessons for Businesses and Publishers
A key lesson from the proceedings is that businesses must take care to avoid engaging in misleading or deceptive conduct in all forms of advertising and commercial activity.
It should be borne in mind that conduct does not have to be intentional to fall afoul of the ACL provisions. While deliberate or reckless misconduct might attract heavier sanctions, mistakes or unintended missteps can also be caught.
In particular, the practice of garnering false reviews and testimonials for the purpose of artificially inflating reputation or deceiving consumers has been repeatedly called out as unethical, if not an unlawful contravention of the Australian Consumer Law. The ACCC has taken action against traders in the past on such instances.
Businesses should ensure that they only publish genuine endorsements and testimonials and obtain the approval of those providing them.
Affiliations with influencers or celebrities to provide testimonials, product reviews or endorsements should also be appropriately documented and monitored, and the sponsorship should be publicly disclosed where necessary.
Publishers of third-party content, including magazines, blogs, Facebook groups, websites and other media that allows third party content or sponsored advertisements, should ensure that they regularly review content for accuracy and respond appropriately to complaints received.
Adoption of transparent and robust acceptable content and complaints-handling policies, backed by enforceable contractual terms, are also of potential benefit in guarding against the possibility of adverse action.
Proactivity, attentiveness and vigilance on the part of the publisher is significant. Reckless indifference or 'turning a blind eye' to suspect conduct occurring on the publisher's watch is unlikely to be treated sympathetically.
ACCC Media Release: 'ACCC takes action over alleged misleading conduct by Meta for publishing scam celebrity crypto ads on Facebook' ( 18 March 2022 ; No. 33/22)
Federal Court of Australia Case File Australian Competition and Consumer Commission & Anor v Meta Platforms, Inc. (Formerly Facebook, Inc.) & Anor (NSD188/2022)
Herding cats...
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Ben Thorn

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There are many features in DigiQuatics that are perfectly designed for the one thing they're supposed to do. Slide Inspections, Chemical Records, and similar modules are all very straightforward in that they have one job and they do it perfectly. However, there are other modules in DigiQuatics that are more open-ended and don't have a single set of functions that they are to be used for. One example of the more open-ended features is the Daily Checklists module in DigiQuatics. Another is the Messaging feature. Both have many different uses, some of them obvious, some of them perhaps less so.
In the next few blog posts we'll be looking at some of the best ways to use these more open-ended modules in DigiQuatics. You may already be using these modules in some of these alternate uses, but there's sure to be some "pro tips" in here you've never considered.
There are two sides to the Messaging module of DigiQuatics. One is the text messaging feature, the other is the email messaging feature. Today we'll be talking about the email messaging feature specifically.
Underneath the "Employees" dropdown menu on your DigiQuatics dashboard, is the option to select "Messaging." By selecting the "Messaging" item, you are brought to the main messaging page.
On the Messaging page you are shown a list of the messages you have sent out in chronological order (most recent message on top and the oldest ones toward the bottom).
This handy record of your communications sent to your employees is a wonderful tool, but if you're like my organization, Messaging is a feature we use heavily, so sifting through your hundreds or maybe even thousands of messages would take hours. Luckily, there's a search feature built into the messaging module!
Using the search box you can search for message content that was in the message, such as key terms. But it doesn't stop there! You can also search the recipients and senders, so if you're looking for a message that was sent by a specific person, or received by someone specific, just start typing their name in the search box and you should quickly find what you're looking for.
On the Messaging page there is also a button to "COMPOSE" a message. If you press this button a window will pop-up and here is where you can compose your message. If you're composing an email message, you will be given three boxes, a "To" box, a "Subject" box, and a "Message" box.
When composing an email, always use the "Subject" line, and make that subject something that is informative of the content within the email.
If you have specific employees you are sending the message to, you can name them specifically, and one by one.
If you're messaging specific groups of your employees, whether it be by their job title / position or their location, you can differentiate. We often use ours to contact, for example, all our Head Lifeguards at our Indoor Pool. You can even choose multiple groups, too! For example, "All Head Guards at Indoor Pool" & "All Lifeguards at Indoor Pool."
Always read over and check your email for any misspellings, typos, missing content.
Messaging, like all things in DigiQuatics, is easy to use, so it can be easy to inundate your staff with messages, especially if you have several supervisors utilizing the feature. Be sure not to over-saturate your staff's inboxes. If you aren't careful, your emails may start findind their way to the junk folder!
Make sure to utilize the messaging feature with some thought and if you have multiple emails planned in a week, consider condensing it down to one or two if at all possible!
There are many ways to utilize the Messaging module in DigiQuatics. Some of them may be obvious, and others you may have never considered, but all of them can are particularly effective for a few reasons.
Those are just some of the benefits to utilizing the Messaging feature. Now, let's get into some of the specific uses for emailing your staff.
Some of these may seem obvious but using email messaging to remind staff is one of the best ones, not to mention extremely effective. As an example, let's say you have a staff meeting coming up that your entire staff needs to be present for. Hanging up signs around your guardroom and employee areas and verbal reminders can only do so much. When they leave work, chances are good they will completely forget about them.
Whether you are reminding your staff of upcoming staff meetings, mandatory trainings, or due dates, DigiQuatics is as easy as could be!
Have opportunities for advancement, trainings specific to certain groups of your staff, or an opportunity for anyone to become an instructor? Perhaps you are in need of lifeguards? Email your staff information on your referral program! With the information at the tips of their fingers you're more likely to get responses than if they are just reading about it on your posters in the guardroom!
Whatever your opportunity or target group, sending a message to potential candidates can be as specific or as broad as you like and they're sure to get the information.
Whether you're heading into your busy season or transition into your off season, you'll be needing to communicate with your staff as a whole. One of the most effective ways to utilize the DigiQuatics email feature, is in preparing for staffing your next season.
Since DigiQuatics keeps an up-to-date email address for all your staff members (current and past), it is an excellent way to communicate with all your staff. When heading into a new season you'll want to see which of your employees will be working, which will be subbing, and which won't be working at all.
Utilizing the email messaging feature, you can contact your entire staff, past and present and see just who you can count on so you can get the entire process started with no headaches.
Things happen at the pool. Even if you do everything you can to prevent them, closures and emergencies can occur. Sometimes it's weather, sometimes it's chemical or mechanical issues.
Whatever the reason, when you have to close your facility (early or completely), it's important to be able to communicate the closure with your staff. With the messaging feature you can notify the few staff members who are scheduled to work, or the entire staff all at once, easily.
Closures aren't the only things that happen at the pool. Emergency staffing issues happen as well, whether we're talking about staff not showing up or surprise groups of patrons. When you need to get staff in a hurry, contacting your entire staff at once is sure to get you some responses.
Even if it's not an "emergency" in this day and age, staff shortages are par for the course, but utilizing the email feature to notify staff of Open Shifts that you need filled ahead of time is a great way to increase visibility of those openings, as well as getting them staffed (hopefully) with some responses!
As an added bonus, if you're contacting your entire staff, you might even convince some staff members who weren't working at all, to pick up some permanent shifts!
These are just some of the ways to utilize the DigiQuatics email messaging feature. Have you used the module for any other uses? We'd love to hear about it below in the comments!
I'm an Aquatics Specialist with Foothills Park and Recreation District in Littleton, CO where I have worked for the past 10 years. I am a writer by background, and an aquatics professional by choice.
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