Any solicitor intending to give advice about a lasting power of attorney (LPA) or act as an attorney under an LPA must be aware of the provisions in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice (Code of Practice). Solicitors should also be familiar with the relevant guidance produced by the Office of the Public Guardian (OPG).
The practice note provides an overview of LPAs and also covers the ongoing arrangements for enduring powers of attorney (EPA). It does not deal with situations with an international element, for example, using an LPA to sell a foreign property, or a non-UK individual who wishes to make an LPA.
Practice notes are issued by the Law Society for the use and benefit of its members. They represent the Law Society's view of good practice in a particular area. They are not intended to be the only standard of good practice that solicitors can follow. You are not required to follow them but doing so will make it easier to account to oversight bodies for your actions.
This accreditation supports practitioners with best practice for wills and estate administration.


The nine dogs were rescued from Creake Road in Syderstone, near Fakenham, on Monday, October 15, with bloodshot eyes and matted hair sticking to their thin bodies.
But the dogs are being brought back into good health by the team at Dogotel Kennels in West Norfolk, while an investigation continues into who left the animals for dead.
RSPCA Inspector Dean Astillberry said the dogs were being clipped of their matted hair and were looking good.
Mr Astillberry said: "They are looking really happy and healthy.
Mr Astillberry said the dogs - which are all either Leonberger-types, Newfoundland-types or crosses between the two, ranged from one-to-two to over five years old.
He said the canines would be in care for at least a week, and then they would be available for re-homing.
Eight more dogs of similar breeds were found dumped on a road between Nottingham and Grantham in Leicestershire on the same day.
Anyone with information about this dumpings is asked to contact the RSPCA inspectorate appeal line in confidence on 0300 123 8018.
Anyone interested in re-homing the dogs should contact the West Norfolk RSPCA Rehoming Centre at Eau Brink, King's Lynn, next week on 01553 618889.


Your a lucky, lucky bugger..
why how do you know my mum?
davy knowles and Back Door Slam at the 100 club last Tuesday..one for Cinammon Girl!
on this page, down the right hand side, are lessons that can teach you the so called 'basic rules' of photography.
Cheers Stuart_C that one of the chain links is my new wallpaper, it's bloody ace.
Taken with my new-ish phone, which, I'm finding, takes cr@p photos; my old one with 2MP less took much better outdoor shots.
blimey drac.. that look my home toon of Alnwick!
Here's one of mine I've been using a Voigtlander Bessa R with a russian Jupiter 8 lens for the past month with some Potra 160VC, here's a picture of my Springer Spaniel Louis that I took with it that I thinks a great picture.
It is stands out a mile don't it.
Cheers Stu. It's a bit naff as forgot to check the ISO from when I had the camera at wedding a few weeks earlier and t was too high for outdoors. Still came out not too bad.
Our Christmwas fancy dress ride when a mass snowball fight broke out. You can just make out a few "orb" like snowballs!
And the view from our road…..
Taken in the center of Brum.
stuartie – that first one's berlin, no?
theflatboy – not Berlin. I'm not that cosmopolitan. It's Edinburgh.
haha, i've double checked my pics of the place i thought it was and i think it shows that it was a while ago i was there!
Plant, can you explain your first pic please? I've looked at it for a long time but can't work out what it is. I really like it though.
looks like attack of the giant bike!
cheers man! I don't think it's that great but I love it because it's self filmed and I know how many times I had to go back up and do it before I eventually timed it right and got me in the frame!


I just finished reading The Glass Rainbow by James Lee Burke. Dave Robichaeux is a character that appears in many of his novels. Robichaeux is a sheriff's deputy in New Iberia Parrish in Louisiana.
I've written about Burke in past entries, but in Rainbow, he mentions a few times about having shrimp and oyster po boys, and I got a hankerin' to have me one.
In 1980 after Hurricane Fredrick demolished Mobile, Alabama, my company sent me down there on a long term assignment to help restore phone lines in the city. I was there a few weeks when I realized I needed to have my wife down there with me. The third weekend I got to go home and it didn't take a lot of convincing to get her and our german shepherd in the truck heading back south.
The thing about living on the gulf coast is the seafood is remarkable. We had raw oysters, boiled shrimp, and every kind of fish you can name. I must have had hundreds of po boys during my time there (almost a year).
.....now where was I? Oh yes, after reading the novel I told Jilda that I would really like to have a po boy. Yesterday when she went to the store, she bought up all the fixin's and whipped up some shrimp po boys for lunch today.
She apologized before we sat down because she didn't have the right equipment to fry the shrimp just right, but you could have fooled me. They were delicious!
I hit the big 60 in January so for my birthday, we are going to spend the weekend at the beach.
You can safely bet that we'll spend some time at Bahama Bobs and slam down some po boys and a few adult beverages.
ohhh just finished reading The Glass Rainbow too - I am a long-time James Lee Burke fan, and have read every book he's written.
Po Boys!!! It's food!! It's like a great big platter of seafood right?!?!?! And of course lovely Jilda made the bestest ever!!!
May you have a wonderful New Year and what a birthday to look forward to!!!
James Lee Burke. I must try me some!
I finally tried a Po Boy when we went to Savannah last year. It was sooo good. I just turned 50 so I'm not waiting 10 more years to have another one if I can help it...haha. Fun post.
Dang, I'm hungry again after reading the comments. I've never had po boys for breakfast, but there's no time like the present!
The Glass Rainbow...gotta go look that up. I love finding out about new books.
Sorry. I am NOT a seafood person. However, my director/friend loves shrimp so much, I'm sure she'd be thrilled to learn about shrimp po' boys. I've never heard of them. Is there a recipe I could find for her?
And happy early birthday! Have fun at the beach and Happy New Year!
Oh man I miss Po Boys so bad. I lived in New Orleans for 3 years, shrimp Po Boys dressed with no tomato was my favorite. The way the breads all crunchy/chewy on the outside and soft on the inside, with mayo and shrimp still warm from the frier!
You can't even get a half way decent one hear in Kansas City, so I haven't had a Po Boy in ten years.
beach life & seafood is my favorite. Lucky you.


text:
Legal age to have sex
Jenny from Ashburn Age: 29. A young charming woman will brighten up a man's lonely leisure with fun and unforgettable pleasure.
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Welsh Health Circular , accessed April There is no defence that the accused believed that the child was older. It is an offence for someone to expose their genitals in a sexual manner if they intend that someone else will see them and without that person consenting or without any reasonable belief they consent AND if they also intend to obtain sexual gratification or to humiliate, distress or alarm the other person. Extreme Pornography , accessed April This exclusion does not apply to information about offences against children under 13, as set out in Articles 12 to 15 of the Order. Honest advice about contraception, pregnancy, STIs and pleasure. Oxford University Press, National Assembly for Wales, Best practice advice on the provision of effective contraception and sexual health advice services for young people. It is not a crime to be naked in public but it is possible that a naked person could be arrested and charged with causing harassment, alarm or distress under the Public Order Act if they do not put some clothes on when a member of the public or a police officer asks them to do so. If the material has received, or would be expected to receive, an R18 rating it can only be distributed if steps are taken to ensure people under 18 will not normally see or hear it. Further reading Stevenson, Kim et al. The age of consent is the same regardless of gender or sexual orientation. For example, someone who deliberately strokes the genital region of someone else, even if fully clothed, can have sexual intent which would make this activity a sexual act. The age of consent is the same regardless of the gender or sexual orientation of a person and whether the sexual activity is between people of the same or different gender.
The age you can have sex is called 'the age of consent'. In the UK it is 16 years old. This means that according to the law, only those who are aged 16 or over.
From the age of 16 you can legally consent to sex (this includes sexual intercourse, penetrative sex and any sort of sexual touching) but 16 may not necessarily.
Doris from Ashburn Age: 34. My advantages: sexy, charming, feminine, well-groomed, clean, appetizing, natural and delicate.
Description: The age of consent is the same regardless of the gender or sexual orientation of a person and whether the sexual activity is between people of the same or different gender. A Risk of Sexual Harm Order can be imposed on a person by the courts if that person's behaviour suggests they pose a risk of sexual harm to a particular child or to children generally. The definition of indecent is. There is a maximum sentence of life imprisonment for rape, assault by penetration, and causing or inciting a child to engage in sexual activity. The person must also have intended to indecently assault. Last updated April This factsheet summarises some of the key points of UK law relating to sexual behaviour. Because everyone has a right to make positive choices about their own sexual health and wellbeing. Sexual intercourse vaginal, anal and oral sex between young people aged 13—15 are also offences, even if both partners consent. Grooming is described as a person intentionally developing a relationship with a young person under the age of 16 'in order to gain their trust and persuade them into vulnerable situations where they can then be sexually assaulted'. There is also a common law offence of assault in Scotland, which has a wider application. A woman cannot be charged with the offence of rape as this is defined as penile penetration, but she could be charged with another offence such as causing a person to engage in sexual activity without consent, sexual coercion or assault, or assault by penetration. Sexual assault and indecent assault In England and Wales it is an offence to touch someone else with sexual intent if the other person has not consented to such touching and if the person carrying out the offence does not reasonably believe that the other person consented.
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redpajama_set_name: RedPajamaCommonCrawl


text:
Trumslagaren 15 är en kulturhistoriskt värdefull bostadsfastighet i kvarteret Trumslagaren vid hörnet Lützengatan 9 / Wittstocksgatan 6 på Östermalm i Stockholm. Byggnaden är grönmärkt av Stadsmuseet i Stockholm vilket innebär att den bedöms vara "särskilt värdefulla från historisk, kulturhistorisk, miljömässig eller konstnärlig synpunkt".

Historik

Trumslagaren 15 utgör den östra avslutningen av kvarteret Trumslagaren. Enligt stadsplanen för norra Karlaplan, upprättad 1911 av stadsplanearkitekten Per-Olof Hallman, utlades fastigheten Trumslagaren 15 och pendangen Djursborg 13 i kvarteret Djursborg som "kvartersmark för monumentalbyggnader". De fungerar båda som fondbyggnader för Östermalmsgatan mot öster respektive Wittstocksgatan mot väster, vilket ger dem, enligt Stadsmuseets byggnadsinventering för Östermalm från 1986, en "mycket speciell roll i gatubilden". I de båda gatornas förlängning reser sig Engelbrektskyrkan i väster och Gustav Adolfskyrkan i öster. Genom att tomten framför Trumslagaren 15 är avskuren mot öster bildades en mindre plats där Wittstocksgatan ändrar riktning och möter Lützengatan och Tysta gatan.

Byggarbetena i kvarteret började redan innan 1913 men fördröjdes av första världskriget. För flera fastigheter, bland dem Trumslagaren 11 och Trumslagaren 15, kom byggnationen igång först några år in på 1920-talet. På ett fotografi från 1913 syns byggarbeten på Lützengatan och på kvarteret Trumslagaren med den fortfarande obebyggda tomten för Trumslagaren 15 i förgrunden och den nyss uppförda brandgaveln för Trumslagaren 3 (Lützengatan 7) i bakgrunden.

Byggnaden

Trumslagaren 15 ritades av arkitekt Albin Stark i 1920-tals klassicistisk stil, byggherre och byggmästare var Granit & Beton AB som förvärvat tomten från kronan. För konstruktionen stod Looström & Gelin. Byggnaden stod färdig 1925.

Huset uppfördes med sex våningar samt en övre och undre källare. Mittenpartiet utformades som risalit, tre fönsteraxlar brett och fem våningar högt. Den sjätte våningen är något indragen och markeras av en balustrad. Däröver höjer sig som ett mindre torn ytterligare en våning med tre fönster. Risaliten accentueras av fyra höga pilasterliknande vertikala band och en central placerad portal som omges av granitkolonner vilka bär upp en altan med smidesräcke. Fasaderna är slätputsade och avfärgade i gammelrosa kulör. Sockeln består av granit som avslutas upptill av en kraftig vulst.

Via en glasad och skulpterad ekport når man entréhallen. Här är golvet belagt med polerad kalksten. Längre in i huset finns en åttkantig hall som utgör korsningen mellan entréhallens korridor och korridorerna som leder till höger och vänster till husets båda trapphus. Rakt fram finns en gång till bakgården. Hallens väggar dekoreras av ramverk och reliefer i klassicerande stil.

De ursprungliga lägenhetsstorlekarna var två, tre och fyra rum och kök med bad och hall. De större lägenheterna hade dessutom serveringsrum samt en eller två jungfrurum för tjänstefolket. I källarvåningen inrättades ett garage som nåddes via en ramp från Wittstocksgatan 6. I övre källaren anordnades butiker. Fastigheten ägs idag av bostadsrättsföreningen Trumspelaren 15 som bildades 1988.

Bilder

Referenser

Noter

Källor
Stadsmuseets byggnadsinventering: Östermalm III (1986)

Externa länkar

Byggnader på Östermalm
Grönmärkta byggnader i Stockholm
Arkitekturåret 1925
1925 i Sverige

redpajama_set_name: RedPajamaWikipedia


You've probably heard it said a gazillion times that nearly all Americans think of themselves as middle class, even if they are dirt poor or filthy rich. This everyman mindset is supposedly a big reason that class consciousness has always been so low in the United States.
Which is all nonsense, according to polling data going back to the invention of polls.
Even during the heyday of middle-class America, a certain kind of class consciousness was ever present among a big swath of the population.
That roughly even split—between middle and working class identity—persisted through the 1990s, although some polls showed that more people saw themselves as working class well into the Clinton years.
In short, even during the heyday of middle-class America, a certain kind of class consciousness—awareness of being lower on the ladder—was ever present among a big swath of the population.
More recent polling by Gallup has asked respondents to choose among five different class identities: lower class, working class, middle class, upper middle class, or upper class. The most recent of these polls, in 2012, found that 43 percent chose middle class—while 41 percent chose working or lower class. Two percent said upper class and 13 percent said upper-middle class. Those numbers haven't changed that much in the past decade, save for a modest trend of more people seeing themselves as lower class and fewer identifying as middle class.
All this data, going back decades, stands very much at odds with how we talk about class. The term "working class" isn't uttered so often by politicians in a stand-alone way—although President Obama and others will often say "working and middle class" Americans. The term almost seems dated, as if whoever uses it is stuck in a "Laverne & Shirley" re-run. Sure, we hear a lot about low-wage workers and "working families," but the clear class component here has drifted quietly out of political discourse—even though tens of millions still think of themselves as working class.
You'd think that progressives, at least, would talk often about the working class, but that's not really the case. Instead, we prefer "working families," which is bad choice for a few reasons—starting with the fact that many affluent professionals actually work longer hours than low-wage workers, who are more likely to be underemployed or unemployed. But the big problem is that when we drop the word "class," we lose that all-important reminder that there is a rigid economic hierarchy in America, more rigid than in many European countries, according to mobility research.
One reason it may be hard to talk about the working class is that who's in this group seems fuzzy these days. We know it's no longer a bunch of white guys with metal lunch pails. But another equally clear demographic has yet to replace that image.
David Callahan co-founded Demos. He wrote this for PolicyShop.
Could Jeb's Big PAC Have Saved Him?


text:
Q: Drop down with multiple locations, that should display day and hours open accordingly <form class="branch-time-selection"><select>
<option selected="selected" data-branch-item="0" value="locationOne">location One</option>
<option data-branch-item="1" value="locationTwo">location Two</option>
<option data-branch-item="2" value="locationThree">location Three</option>
<option data-branch-item="3" value="locationFour">location Four</option>
<option data-branch-item="4" value="locationFive">location Five</option>
</select>
</form>

I don't know how to start this, location 1,2, & 3 have these hours: Mon-Thurs 9am-9pm Fri 9am-6pm Sat 9am-5pm Sun 12pm-5pm
Location 4 has these hours: Tues-Thurs 10am-8pm Fri-Sat 10am-4pm Sun-Mon Closed
Location 5: Mon 9am-2pm tues 12-5pm weds 2pm-7pm thurs 12pm-5pm Fri-Sun Closed
Depending on the current day of the week and which location is selected from the drop down I want to display those hours. For example, if today was Weds and I select location 5, 2pm-7pm should display. Please see my full fiddle here: https://jsfiddle.net/r1ox8a0c/

A: hopefully my code can help you in some way, have a nice day!

<form class="branch-time-selection">
<select id="sample" onchange="printHour(this.value)">
<option data-branch-item="1" value="locationOne">location One</option>
<option data-branch-item="5" value="locationFive">location Five</option>
</select>
</form>

redpajama_set_name: RedPajamaStackExchange


text:
Occultism: those heavy Etoudi secrets that make your back cold
In Etoudi, there would not be only offices and private residences. The presidential palace would hide a sanctuary and a sanctum that only President Paul Biya is able to visit to believe the journalist and Cameroonian writer Ebale Angounou.
In his work entitled "The true face of Paul Biya", the former regular at the Palace reveals some secrets about this place where the rituals of the president take place. Extract…
Paul Biya has a sanctuary at the Palace, and a sanctum. The sanctum is very personal to him. No one else has access to it. But, we know that he lives there a very old man, ageless. Certainly less old than God, but of an age which cannot be defined in time. This man, dressed all in white, has white skin himself. He doesn't talk to anyone, maybe only to Paul Biya, doesn't eat anything, doesn't drink anything, doesn't even wash.
But, when it does happen to come out of the President's sanctum, it is always fresh, clean, scarlet. He moves slowly, broken by the weight of age, with very long hair, heavily bleached by time. It seems soft, weak, fragile. His gaze rests only on what he wants to look at. And in fact, he only has eyes for Paul Biya.
Who says of him with great affection that this is his good genius. It has the particularity of only being seen by whom it wants to be seen. He is an extraordinary person, whose role we do not know concretely with the President. The President's sanctuary is another place of spiritual work. He practices cults, rituals, and other priesthood sessions with which he can associate people. Masses of all kinds are held here, including human sacrifices. By way of illustration, there are human skulls.
There are even some that have been opened, as if to serve as gourds. During the lymphophagy sessions, it is in these calabash species that Paul Biya and the other communicants collect the blood that they will drink. Human blood, rooster blood and cat blood.
On the death of President Ahidjo in Dakar, the head of state, to escape an evil spell due to the pact which bound them and which he had violated, requested that he be served fresh blood urgently and organs of a young girl. The services were then deployed on the campus of Ngoa Ekelle, where they made a victim: A student succumbed to the charms of a sumptuous Mercedes, and allowed herself to be embarked by the handsome man who, driving the sumptuous machine, seemed to be preparing to her body and soul, with her dapper bourgeois gentleman's demeanor; all there is to seduce a young woman.
The girl will be more curious and seduced when her companion offers to take her to the presidency where he lives and works. It is a rather mythical place, which she had never dreamed of approaching, and which she was just content to contemplate on television. For once the opportunity was offered to tread "the soil of Paul Biya", why should there be any hesitation?
But the dream will quickly turn into a nightmare; the happiness of the discovery of the presidential palace turns into the worst horror when reality becomes precision in his mind: She was gently brought to a sanctuary to serve as a holocaust. And instead of the practically vanished don juan, she finds herself facing three men dressed as priests,
It will not be rape as she should have hoped; more than rape it will be a sacrificial murder. His heart, his liver, his blood will be found on the table of Paul Biya, its President, the lion man. On May 26, 1990, a party declared in Bamenda: The Social Democratic Front (SDF). The army intervenes to suppress. Official death toll 6 dead. Paul Biya panics.
Could the Cameroonians rise up against him? Admittedly, the phenomenon has been general in Africa since the wind of freedom has risen in the East, taking President Gorbachev to the USSR. Must what happens to others necessarily happen to him? Quickly, he called on his loved ones and very quickly, a watchword was passed.


Make the barrel stronger so the wheels that it turns on have more support than just thin metal.
Provide a disrupted circle which will cause the materials to actually turn instead of sliding.
Protect the inside of the barrel from the sanding action.
In the Stain Dipper Machine, we have a top pulley which is mounted on a 10mm shaft that is seated in 10x26x8mm bearings. In the last post on this topic, I showed the pulley holder assembly. In this post I'll show the pulley and the final assembly.
Here is the finished pulley, made from a 1″ long by 1.5″ diameter piece of brass.
Here is the pulley mounted on the top of the machine. This is a satisfying point in the project because of all the ways this could have been solved, we chose an elegant, smooth, and accurate one. You can't buy this specific part anywhere in the world – we designed and made it just for this purpose.
Here is a picture of tapping the pulley for a M5 set screw.
This is a picture after the first operation was complete. Now we need to turn it around in the lathe, recenter it, and finish the other side.
Here is a picture of the part in the lathe. Notice the difference in surface finish? The shiny area is freshly cut. The dull area was original surface. The semi-dull area was shiny just an hour before, but oxidization got to it that quickly.
A view of the spinning 4-jaw chuck and quick change tool post.
From time to time we host a get-together or party where we feature fresh squeezed limeade as the main beverage. We have universally heard 5-star feedback from people who have had this simple but good drink.
The problem is, squeezing enough limes for a party of 60+ people takes a lot of time (and limes). After about the fifth lime the first time… I had enough!
I went down to the shop and built a simple but powerful hinged wooden squeezer about 3′ long. It looked like two canoe oars with a hinge holding them together. With this contraption, a suitable helper (Eli), and a big stainless steel bowl, we could really crank out the lime juice (gallons).
Since using that a number of times, I've thought of some improvements I'd like to make, eventually ending in a fabricated stainless steel mechanism that is easy to use, powerful, and helpful. The force applied to the lime should be compounded at the end of the squeeze cycle, taking full advantage of maximum leverage to get the last drops out (less waste, less fatigue).
Using the power of four-bars, I'm working up a Solid Works model which should meet most of the above criteria. I think we will soon build a prototype out of maple, which is a very hard wood.


text:
The World Often Appears Insane
Tags: anti Semitism, Arab League, Arabs, BDS, Boycott, Divestment, Durban Conferences, European Union, Human Rights Council, Interpol, Israel, Jews, Muslims, Sanction, UNESCO, United Nations, Zeid Ra'ad al-Hussein
Well, not necessarily the whole world all at once, but there is plenty of crazy to go around. Currently, Zeid Ra'ad Al Hussein is the United Nations High Commissioner for Human Rights as well as being Prince Zeid Ra'ad Zeid al-Hussein of Jordan. That is right; he is one of the Crown Princes of Jordan and direct relative of Abdullah II bin Al-Hussein of Jordan. He has instructed the United Nations Human Rights Council to distribute letters to over one-hundred-fifty major companies warning them that should they continue trading with Israeli companies which may have business dealings or selling their products in the "Occupied Territories," also known as Judea and Samaria, then they will be black listed making it illegal for nations to use their products or services. Most of these companies appear ready to move all their operations from within Israel and possibly to cut off all trade with Israel. This is straight-forward blackmail and a blatant attempt to place universal sanctions on the nation of Israel.
This is in addition to the UNESCO (United Nations Educational, Scientific and Cultural Organization) making rulings that divest Israel from the Temple Mount, the Cave of the Patriarchs (Cave of Machpelah where Abraham, Isaac, Jacob, Sarah, Rebecca, and Leah are buried) Jerusalem, Hevron, Judea, Samaria and given time assuredly anyplace on planet Earth. All of these came after UNESCO became the initial United Nations agency to admit the Palestinian Authority under the guise of being the country of Palestine. This came on the heels of Mahmoud Abbas declaration declaring the end of the Palestinian Authority replacing that name on all paperwork, passports and other legal document with State of Palestine in January on Monday January 7, 2013. Then there is the fact that the UNHRC has as the initial part of the agenda for every gathering the denunciation of Israel as a required item. Below is a quote from UN Watch concerning the obsessive, one might say maniacal, nature of the United Nations General Assembly.
GENEVA, Dec. 21, 2016 – The UN General Assembly has wrapped up its annual legislative session by adopting twenty resolutions against Israel—click here for detailed chart—and only six resolutions on the rest of the world combined, with three on Syria, and one each on Iran, North Korea and Crimea.
If it were only the United Nations, it could be ignored; but it goes so much further. Recently, INTERPOL decided to admit Palestine as a new member nation. Just place that front and center in your mind and imagine INTERPOL sending their Palestinian inspectors to aid in finding the reasons behind the recent attack in Las Vegas. Additionally, the European Union has ordered Israeli goods to be marked separately if they were produced in Judea and Samaria. If the wording were to be carried to the ludicrous extent, then this special labelling could be placed on any item that might contain parts that were produced in Judea and Samaria. If one were to carry it to even further extremes, one could simply mark everything Israeli made as from Judea and Samaria. There have been some unintended consequences of this system where adopted as some people have actually sought items marked in this manner for purchase over items not carrying the stigma. Sometimes, the best laid plans of mice and men often go awry, as we all know all too well. Then there have been a long list of European nations that have either recognized Palestine or passed rulings supportive of recognition but not actually formally recognizing Palestine. The Vatican also recognized Palestine. There actually is an internationally respected and often accepted document from the International Alliance for Holocaust Remembrance which contains a suggested legal Definition of Anti-Semitism. This definition has been accepted by many nations for prosecuting crimes but somehow the definition never quite gets applied to the government actions.
There is an area which deserves note, the many individual states within the United States which have passed laws making any invocation of BDS (boycott, divestment and sanction) against Israel by any government agency as well as business or company doing business or receiving State contracts illegal and as a disqualifying act. The Federal Government has not adopted such legislation despite it being potentially a part of their responsibility as part of international trade and dealing with a foreign nation. What most people are unaware of is exactly how and where the BDS movement began. The origin was the Arab boycott of all things Israel started in 1948 and decided upon before Israel was even declared a nation. The Arab League at the bidding of the PLO took the Arab boycott of Israel and decided after watching what happened with the Apartheid boycott of South Africa that they would adopt the same idea and reasoning with Israel. It does not matter that in Israel Muslims are granted all the same rights as Jews as are Christians and every religion, race and ethnicity. Israel is a multicultural democracy as well as the Jewish State. But the Arabs are betting that because Israel is the Jewish State that they can make people believe that only Jews have rights. That would be the same as believing that in France no one of English or German origins could have equal rights.
European Union Labels for Products from Judea and Samaria
These efforts are playing on the historic idea the Jews are different and prefer other Jews and are united against non-Jews. They particularly misuse the Palestinian Arabs as not having rights in Israel where they have rights except voting as they are not Israeli citizens and most were Jordanian citizens and still have Jordanian passports. Claiming that Palestinians should have full rights in Israel would be equal to claiming that Mexicans should have full rights in the United States. But this works because of Arab propaganda which has a multi-billion dollar industry backing the efforts and have been attempting to destroy Israel for decades, actually over half a century and approaching a century. The Arabs have been fighting against allowing any Jewish State since the end of World War I after the Ottoman Empire was defeated and the Balfour Declaration was made public in 1917. Unfortunately, Israel does not have a department specially designed to fight this propaganda war and this proved a disaster after the Durban Conference (World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance) in 2001 which was turned into an Israel hate-fest. The following Durban Conferences were basic repeats of the original. These Durban Conferences have become so toxic that the United States, Israel, Canada and a number of European nations amongst others have refused to attend. But not to worry, hatred of Israel will remain a part of the world's agenda in far too many places for as long as the Arab nations demand on pushing their agenda to destroy Israel and Islam insists on declaring their war against the Jews.
Two State Solution Actually Four State Solution
Tags: BDS Movement, Boycott, Divestment, Ferdinand Marcos, Four State Solution, Free Arab Elections, Hamas, Hate Israel, Hezballah, Iran, Islamic Jihad, Israel, Joseph Stalin, Judea, King Herod of Judea, Lebanon, Mahmoud Abbas, Mao tse Dong, Palestinian Authority, Peace Process, President Trump, Prime Minister Netanyahu, Samaria, Sanction, State Department, Terror, Two State Solution, United States
The world is still calling for the mythical two state solution despite knowing that it is a complete myth. Israel has had this choice forced down their throats for years resulting in many compromises which negate any hope left for such as a two state solution. A two state solution was already attempted with the surrender of Gaza which is now a dysfunctional terrorist state run by Hamas and shared with Islamic Jihad, the same Islamic Jihad financed and allied with the Iranians who also are sometimes partners with Hamas as well. You know, the enemy of my enemy is my friend, a saying many in the Islamic world live by. So, even if it were possible to connive and wrangle a two state solution with Mahmoud Abbas, which is not possible but more on that later, that would still make a third state with Hamas and Israel as the other two. But wait, there's more. Before Prime Minister Ariel Sharon withdrew all Israelis citizens, communities, IDF, and other security personnel from Gaza in August of 2005, Prime Minister Ehud Barak withdrew Israeli forces from Southern Lebanon in 2000 leading not to peace with Lebanon but the establishment of a Hezbollah autonomous entity in Southern Lebanon which led to the Second Lebanon War and constant tensions and threats of terrorist war instead of peace. So technically there are already two terrorist states caused by Israeli withdrawals in which the world, the same world demanding yet more territorial withdrawals claiming they will lead to peace in our time, gave guarantees through the United Nations and United States that peace was on the horizon if only Israel would trust those sworn to destroy her and murder every Jew in Israel.
So, let us look at the promises made by a presumed peace-loving world and the entity with whom Israel must deal in order to reach their beloved peace. The entity is the Palestinian Authority, the same entity to which Israel turned over Gaza with the world celebrating with great fanfare the coming peace and proof that Israel could trust an Arab Palestinian State on her borders without fear. The Palestinian Authority which the world put in place with promises of peace within five years back in 1993 with much back slapping in Europe and congratulations all around in Washington D.C. and Jerusalem as the PLO terrorist groups and its leader and his second in command, Yasser Arafat and Mahmoud Abbas, made grand gestures and with obvious disgust shook hands with Israeli Prime Minister Yitzhak Rabin, made possible by Rabin's Israeli lieutenants, or coconspirators, foreign Minister Shimon Peres and former Meretz Party head Yossi Beilin (image below showing Nobel Peace Prizes for all). That peace in five years, almost identical to the infamous Neville Chamberlin "Peace in our time" promise, led instead to wars which became ever more prevalent after the withdrawal from Southern Lebanon and then the withdrawal from Gaza. But not to worry, this time it will be different, or so the promises from the European Union say and many of its member states, the United Nations, the United States and all the usual leftist dreamers in Israel who also refuse to see reality. Everywhere are the signs including speeches to the Arabs by Mahmoud Abbas and his henchmen, oops, sorry, fellow diplomats, where they guarantee that after any agreement the terrorism will continue, Israeli blood will flow that much faster, and the complete destruction of Israel will be that much closer. But why translate any of these speeches when the guarantees in English are so much more pleasing to those who dream of parties and congratulatory speeches they will give in Europe to adoring sycophants many of whom simply want Israel just as destroyed as do the Arabs.
Nobel Peace Prize 1994 was awarded jointly to
Yasser Arafat, Shimon Peres and Yitzhak Rabin
for their Heroic Efforts in Resurrection of the
PLO Terror Menace and Threatening Israel
Which are Known as the Oslo Accords
Israel just withstood eight years of pressures placed solely on her shoulders to give concessions in exchange for promises which would be broken as they were being stated. President Obama appeared determined through two Secretaries of State, Hillary Clinton and John Kerry, to press Prime Minister Netanyahu to surrender all lands beyond the Green Line so that an Arab State could overlook the heart of Israel from the Judean Heights. When Netanyahu refused to cower and crack under the pressure, the American leadership did all they could to defeat him in the election sending an entire campaign assist committee called Victory 2015 and headed by Jeremy Bird, Obama's National Field Director in his successful presidential campaigns. This pressure backfired as it incensed the Israeli right and Zionist segments of the populous and they reelected the Likud and Netanyahu. This was assisted greatly when Jewish Home Party (Hebrew: הַיְהוּדִי הַבַּיִת) leader Naftali Bennett made comments a week before the elections implying his lack of drive to be the next Prime Minister. There were rumors of some grand deal which, if it did exist, was broken once the votes had been counted and an obvious boost in electoral numbers appeared to have switched from the Jewish Home Party which lost seats to the Likud Party which became far stronger.
Now a new day is dawning and many Israelis feel that changes need to happen and happen soon. We here at BTC support bold and immediate actions to take advantage of the respite being experienced with the change in Presidents in the United States and the fact that the incoming Trump Administration is currently untainted by State Department pressures and demands also from other areas entrenched in the Federal Bureaucracy and special interest NGO's and others disguised as Human Rights Organizations all of whom are uniformly and completely against Israeli retention of any lands from the Six Day War and forcing Israel to make suicidal sacrifices just so they can claim a great victory. They claim they want peace but have to be aware that once Israel would meet their expectations, then Jerusalem would be the first to face being cut off from the rest of Israel and targeted with terror until the Jews fled or died and then the central plains from Ashkelon through Tel Aviv and on up to Netanya and even to Haifa would be blanketed day and night with rockets raining down from the Judean Hills which overlook the coastal plains. Israel would be warned by a drooling world not to overreact while her infrastructure, power generation, 80% of her industry, three-quarters of her population, her main international airport and her central roadways would become untenable and a wasteland within a few weeks of Hamas style rocket barrages even with easily manufactured rockets with merely a fifteen mile range, hobby rockets with explosive attached would be all that was required (see map below). These rockets could be corrected for optimum effect simply by having observers sit in homes overlooking Israel and reporting back to the launch sites by cell phone. The line of sight and even such easy access of targets as to make a mockery of any promises failing and terrorism being the result are exemplified in this article which has a series of pictures taken from what would become Palestine overlooking Israel with detailed description of some of the major targets which would become vulnerable which can be read here, which we recommend highly (below are but two of the many pictures we thought most exemplified the problem but please read the article and see the remaining pictures for your own edification).
Katyusha Rocket Range by Mark Langfan
Depicting the Near Complete Coverage
of the Heart of Israel by Even the Smallest
Home-made Rockets Both Hamas and Fatah
Are Capable of Producing in Bulk
Ben Gurion Airport Plane Vulnerability from Palestine
(c/o Dr. Martin Sherman and Arutz Sheva)
Trans-Israel Highway Route 6
Finally, we would like to restate what we posted yesterday in our article The Clocks Are Ticking Bibi where we called for immediate action. We have since learned from sources as well as reading in Arutz Sheva confirming that Prime Minister Netanyahu has asked Jewish Home leader Naftali Bennett ministers not to bring the Ma'ale Adumim sovereignty law to a Knesset so soon after Trump takes office. Bibi Netanyahu made the claim that Israel should not surprise the Trump administration immediately after the inauguration. According to Arutz Sheva quoting the official, "Trump's officials said Israel can do whatever it wants, and should work as fast as possible so as not to miss any opportunities." Arutz Sheva further reported they were quoting the official directly having stated, "There is no pressure and we are not involved in the matter right now." We would like to add that these actions by the Trump Administration is giving clear direction to the Israeli government to act quickly and decisively before any actual steps have been taken by actors in the government to reestablish the former position of such entrenched bureaucrats from the usual suspects, the State Department being at the top of that list, whose entire careers are vested in forcing Israel to make concessions even beyond what is tenable. We would not be surprised if these entities continued to try forcing Israel back behind the Green Line, the 1949 Armistice Line which denoted troop positions at noon of the date set for an end to hostilities with adjustments made for fighting which had continued past that date should Israeli forces had lost territory. We would not even become surprised if after succeeding in the above efforts they would press Israel to surrender the remainder of Jerusalem and the main arteries and train lines which connect Tel Aviv and the rest of Israel through a thin corridor to Jerusalem claiming because of obvious tactical and physical realities they see no way Israel should be permitted to control lands stabbing into the Arab entity now presumed to be forming an actual nation. They would claim it would lead to a more stable border. Eventually they would be claiming that the Israelis should surrender the remaining lands and move into three condos across the street from the departure docks in Tel Aviv and await transit out, should they last that long.
The problem the world will have is that after Lebanon and Gaza we have seen this movie before and do not care for another repeat. Many Israelis are completely exhausted with the Oslo talk, the concession demands, the pressures from across Europe and on to the remainder of the globe and are anxious as we realize that the time to annex all of Judea and Samaria and end these farcical charades is immediately. There is not a single reason to wait and there are a million, nay, a gazillion reasons not to wait. For those of you who demand we list the gazillion reasons, allow us to satisfy your request, reason one; the world wants us dead and gone and will not stop until they have destroyed Israel. Two; the world already hates us enough that there are moves in nearly every corner of the globe outside of swaths of the United States, the same swaths which elected Trump and with small pockets in the blue zones of New York State and California, moving to boycott Israeli goods until we commit suicide and will not stop until that day comes. Three; this hatred is ingrained in their anti-Semitic souls and cannot be satisfied thus the hate will only continue to grow whether we meet their demands to act for our own best interests. Four; simply repeat one through three with repeats of three whenever you desire the order to be interrupted until you reach a gazillion. Done and hope you are satisfied with the answer, and if not, then please continue your campaign of hate. Israel will be singled out for special hatreds and condemnation no matter how compliant we make ourselves or how much we serve our own best interests. As long as the world wishes to hate us, why wait for them to grow tired, if they ever will, of hating us because we did what was best for our interests and simply proceed with what is best for us and would actually also be best for the majority of the Arabs in Judea and Samaria.
We made the arguments yesterday but a few deserve repeating and a few additional will help. First and foremost, it is an apartheid policy to claim that Jews, Israeli or otherwise, must never be permitted to step on Arab lands which have been designated by Abbas and his merry band of terrorists as their lands. Their enforcing a law which imposes a death sentence for anybody who sells their land to a Jew, and in some cases simply to a non-Arab, need be repealed and tossed where it belongs, in some inferno. Given their freedom to run their own lives, make their own choices, make profits from their business free of being robbed by Abbas and his fellow kleptocrats, the Arabs of Judea and Samaria would be infinitely better off. Extending Israeli rule of law and annexing all of Judea and Samaria would benefit the Arab population residing there. A path to full citizenship can be made possible for these Arabs. In the meantime they should be granted as much autonomy as possible while keeping the lands as an integral part of Israel. Develop all of the lands within Judea and Samaria including the Arab ruled areas doing so in their areas with local workers helping their economies. Definitely allow Arabs desiring to move elsewhere and who have the required approvals but were blocked by the Palestinian Authority or threats against their families by the PLO, Hamas, Fatah or other entities to emigrate and sell their properties for whatever the market will provide. If they desire to sell to Jews even at ridiculous prices which are four or more times the properties' worth, more power and wealth to them. Apply Israeli laws to these areas as far as treating them as completely equal areas and allow for the Arabs residing there to live anywhere within Israel after vetting them for ties to terror. Make provisions for how their status is not changed simply by moving and they remain as a form of residence alien until they complete the requirements for becoming a full Israeli citizen. Finally, by permitting emigration and free market pricing for their properties, the Arabs will themselves choose their path for the first time since 1967 when the Arab terror leaders of the PLO and later on Hamas and Islamic Jihad set the limitations treating these Arabs as weapons to use against Israel and not as people. That will enrich these people's lives simply by removing Mahmoud Abbas and company and sending them back into exile. Finally, there should be free elections to be held across the Arab areas which had been administrated and oppressed and suppressed by the Palestinian Authority allowing the Arabs to determine their own destiny for the first time since the Oslo Accords bound them under the Palestinian Authority. There are a myriad of other benefits the Arabs would receive and Israel could finally police the area and remove those who desire to take the terrorist route and remove these parasitic individuals who produce only death and allow the Arabs to enjoy life, real life free from threats of an overbearing dictator who has stolen hundreds of millions of dollars since taking the reins from Yasser Arafat who had stolen billions of dollars of aid money before. The Arab Palestinians have been the most subsidized individuals in the history of the world and whose leaders have stolen on levels unknown and many thought impossible to attain making people such as United Socialist States of Russia dictator Joseph Stalin, Communist Chinese dictator Mao tse Dong, former Philippine dictator Ferdinand Marcos, King Herod of Judea and numerous other dictators throughout history.
Four of the Greatest Thieving Dictators
From Israel for Your Information
Filed under: Administration,Amalekites,Anti-Israel,Anti-Semitism,Anti-Zionist,Arab Authority,Arab League,Arab World,Arabs,Blood Libel,Boycott,Civilization,Defend Israel,Disaster Response Teams,Divestment,Emergency Aid,Europe,European Governments,European Media,European Union,Fatah Charter,Field Hospitsl,Foreign Funding,Foreign NGOs,Haiti,Hate,IDF,International Politics,Intifada,Islam,Israel,Israeli Capital City,Israeli Interests,Japan,Jerusalem,Jewish State,Jews,Jihad,Judea,Judean Hills,Khartoum Conference,Leftist Pressures,Mainstream Media,Media,Media Bias,MENA,Middle East and North Africa,Misreporting,Murder Americans,Murder Israelis,Muslim Brotherhood,Muslim World,Nationalist Pressures,Natural Disasters Releif,Omission,Palestinian Authority,Philippines,Politicized Findings,Politics,Promised Land,Recognize Israel,Refugee Camp,Samaria,Sanctions (BDS),Save a Child's Heart,Search and Rescue Teams,Settlements,Sinai Peninsula,Third Intifada,Three No's,United States,Zionism,Zionist — qwertster @ 3:06 AM
Tags: America, Arabs Lose Jobs, BDS Movement, Boycott, Destroy Israel, Disaster Relief, Divestment, Europe, Fukushima Daiichi Nuclear Plant, Haiti, Hamas, IDF, Israel, Japan, Jews, Mahmoud Abbas, Palestinian Arabs, Philippines, Sanction, Save a Child's Heart, Terror, Terrorism, United States
Just as the world's media downplayed or simply ignored not only the massive forest and other fires where many were proved to be arson, there are some other stories which might not have reached the rest of the world we thought you might desire hearing all about. We will start out with lighter fare and work our way through to wherever it leads us. One factoid which became known this week has supposedly struck some in the Arab world as distressful, that there has been a steady increase of Israeli Arabs joining the Israeli Defense Forces (IDF). Another was the breaking up of a terror cell of eight Hamas backed Arab residents from the Sur Baher and Sheikh Jarrah neighborhoods of East Jerusalem. The cell was preparing to carry out shooting attacks in the Israeli Capital of Jerusalem and surrounding areas, including against an IDF base and targets on Mount Scopus, home to the Hebrew University and Hadassah Hospital. The cell had reconnoitered some of their targets and were about to attack the IDF base in North Jerusalem on Mount Scopus. The cell was apparently started by Hamas back in 2015 after many of its members were released from serving their sentences for previous "nationalistic" crimes, a euphemism for terrorist attacks. A statement released by Shin Bet reported, "The disruption of the [terror] network preventing a number of serious terror attacks in Jerusalem and its discovery again highlights the danger posed by terrorists with Israeli ID cards, who benefit from the freedom of movement and access to firearms, making it relatively easy for such individuals to carry out terror attacks."
In plain English the point was that the instigating tactics and inflaming of anti-Israel and anti-Semitism exists and has been growing amongst Israeli Arab, especially those who received citizenship when East Jerusalem was formally annexed and the residents granted Israeli identification cards. Many of these who have taken to terrorism were initially educated by the Palestinian Authority (PA) and never were honestly integrated into Israeli society and still dreamed of the destruction of the Jewish State. This was also a further warning of some of the problems which now exist after so many decades of Arab incitement throughout their society and particularly in their education indoctrination schools and camps. The silence from the world's media on these two stories stem from the same inadequacy, or better put, were filtered from the news by the same principle, no news which backs the Israel or Jewish side of this conflict must be permitted. On the other hand, every time an Arab is harmed even through a verbal slighting, no matter what the reasoning this must be blown out of proportion and be used to show the racism in Israeli reporting by the European and leftist world media. The simple fact of breaking up a terrorist squad one would think could be a good news story but only if it takes place in Paris, Rome, Berlin, London or any other Western metropolis as preventing terror in these parts is part of the "War on Terror" while the same events in Israel is part of "other news" and not the slightest degree of equal importance. The media would have you believe that terrorism in Israel is separate and totally different and unrelated to terror outside of Israel. According to too many media news editors, Israeli terrorist attacks are deserved while all terror outside Israel is horrific and actually Israel's fault in the first place and thus can be reported and even blamed upon Israel if even the most tenuous connection is possible.
This brings us to our last story before more opinion comes your way. The United Nations, that great arbiter of beneficial actions has decided to vote next week in the General Assembly to fund a blacklisting of Israeli and international companies operating in Jerusalem, the Golan Heights and in Judea and Samaria. There will be no distinction as to whether these companies employ Palestinian Arabs or that by boycotting them they are acting in a hurtful manner as we can assure you that in virtually every company which had facilities outside the Green Line is employing both Israeli settlers and Palestinian Arabs. Why, you may ask, would the international community boycott or otherwise target Israeli companies who employ Palestinian Arabs with equal rights and salaries as Israeli citizens possibly causing these Palestinian Arabs who this is done to support their good paying jobs. The reason is as sick as it is disgusting. These Arabs, who work alongside Jewish workers, hold management and supervisory position in equal percentages as Jewish workers with some supervising Jewish workers, despite what you may have been told, are not helping the cause of proving Israel to be an Apartheid state which segregates against Arabs. All Palestinian Arabs must be dependent on Mahmoud Abbas, Fatah, UNRWA, and be providing ample fodder for the terror mills. Israeli employed Palestinian Arabs make often half again higher wages that even the PA security forces are paid and this makes for bad news. These Palestinian Arabs are considered by the world media to be collaborators and that can only be an evil Zionist plot to employ these Palestinian Arabs and provide them jobs and equal treatment and what would happen should the world find this out. When SodaStream was boycotted and maligned sufficiently that they closed their Judea plant and this cost nearly a thousand Palestinian Arab jobs but this was heralded as a good thing as it presumably cost the Jew settlers their jobs, but it did not because they have Israeli Identification Cards and thus just had a farther distance to drive to work and kept their jobs. The Palestinian Arabs would need to receive special work permit identification cards which would also have required clearance from the PA as well as Israel and these papers were slow if ever coming at all thus all that was accomplished by the boycott of SodaStream was the loss of Palestinian Arabs' jobs making for another group of PA Arabs that Israel would not permit to work. Now there is a story they did report but did so making it seem like SodaStream had simply fired their Arab workers at their Judea plant and never noting it was the media that hounded them in closing that plant.
Many of these to be blacklisted Israeli companies will either move their companies within Israel or simply go bust and close up all together. Palestinian Arabs will lose good jobs and Jews residing now near their work will need to take transportation or drive further to reach their work. This blacklisting makes for some added stress for the Jews working in Judea and Samaria for these companies but it denies the PA Arabs of jobs which serves the propaganda campaign against Israel. If PA Arabs must suffer so Israel will look bad, well then to help these PA Arabs we must first destroy their jobs and lives. They are destroying workplaces where Jew and Arab work together in peace and with mutual respect in the name of helping the Arabs who without this help would have nowhere to turn, but it is more like because of this help they lose it all and then have nowhere to turn. These lost jobs are then trumpeted in the media of a wickedly evil within Israeli society refusing to hire Arabs despite the reality that it was the BDS (Boycott, Divestment and Sanction) Movement which stole the existing livelihood from these PA Arabs who they now lament lost their jobs. It is one of the worst cases of it works so let's fix it which leads to destroying a better life for PA Arabs because the story line must read Israel denies PA Arabs the opportunity to work. How can these NGOs demonize Israel if Israeli companies are treating PA Arabs as equals in their factories in Judea and Samaria, those "settler" companies? That is a question the media refuses to admit to facilitating.
The reality that the world is not being told about is that it has been the PA leadership which has refused to make any deal with Israel as they still adhere to the Khartoum Conference's Three No's which are, No Peace with Israel, No Negotiations with Israel, No Recognition of Israel. This was the agreement reached in an emergency session of the Arab League. It was his going against these agreements for which the Muslim Brotherhood, potentially but unproven assists from the Arab League or other Arab nations, arranged the assassination of Egyptian President Anwar Sadat after he Negotiated with Israel, made Peace with Israel and thus Recognized Israel. Anwar Sadat was a brave soul who knew he was tempting fate when he initiated talks with Israel meeting in Jerusalem with Menachem Begin. For reaching an agreement with Israel, Egypt was returned the entirety of the Sinai Peninsula with its small but profitable oil fields, its Sharm El Sheikh Resort community and with the destruction of twenty-plus Israeli settlement communities being removed and the Israelis taken back within Israel. That last bit is proof positive that the "settlements" are not an impediment for peace. If a true and real peace required their destruction, then such would become a definitive possibility, but the world does not want a peace or any settlement of the Palestinian Arab situation, the world wants it to fester and to become ever more dire with the Palestinian Arabs without jobs such that the destruction of Israel becomes the cry of the day. Mahmoud Abbas has flat stated that he will only accept a peace which destroys Israel as a Jewish State and is perfectly fine with an Israel ruled by Arabs. The fact that the Arabs he desired be moved to Israel include every Arab in any refugee camp including the camp in Jenin and the camp outside Nablus and even the camp attached to Gaza City. Yes, there are three massive refugee camps for Palestinian Arabs with their being held prisoners within lands under Palestinian Arab autonomy, complete rule when speaking of Gaza under Hamas. These Palestinian Arabs are guarded by Arab security forces and some even meet with family through the barbed wire topped fences. One need understand that these Arabs must be kept separate from their brethren because they are the political hammer and crowbar with which Israel is to be destroyed and as such they are only useful if they are kept as refugees in their own lands. And yes, the media, the Western governments, and the United Nations all know about these refugees left in these camps for the purpose solely of bringing about the destruction of Israel and they all agree that this is the end to be desired even if it leads to every Israeli Jew and Christian being slaughtered along with many Arab Muslims who are deemed to be traitors to the cause for being Israeli citizens and having a good life with all the benefits of being an Israel over being a Palestinian Arab inside the fences of Jenin, Nablus and Gaza City. Oh, and one last thing, there are no Arab refugee camps within Israel and Israel took in the same numbers if not more refugees of Jews forced to flee their homelands in Arab countries across the Middle East and North Africa. None were placed in refugee camps and left to languish in misery just to make a political point, they were taken in as brothers and sisters as they are just as much family as the Ethiopian Jews who were airlifted to Israel when their homelands turned on them and they needed a new home. These are all realities you will never hear from the media hype of mean horrible Israelis victimizing Palestinian Arabs with genocidal rage and hatred.
Israel being the good guys is rarely covered and when it is it has often been Israelis rushing to some of the world's worst disaster places to assist in helping in any way possible. Israel has civilian corps and military units which are trained to provide assistance, do search and rescue, set up and man a complete field hospital including OBGYN, delivery rooms and a nursery as well as fully capable operating rooms and clinics which can treat people where they live and are injured plus perform triage of a sort for the main field hospital. One of the best examples was Haiti after their devastating earthquake and the Philippines after a horrific typhoon. Israel was at Japan after the earthquake and tsunami which destroyed the Fukushima Daiichi nuclear plant meltdown and destruction. Israel assisted in New Orleans after Katrina and in New York City and all its affected surrounding areas after Superstorm Sandy. Israel has assisted in Turkey, Nepal and just about every nation willing to accept Israeli help.
Top left Haiti Earthquake Top right Philippine Typhoon 2014
Bottom left Fukushima Daiichi nuclear plant explodes
Bottom right remains of Fukushima Daiichi Nuclear Plant
Israel has a group of heart specialists who assist with special cases where children require specialized help. The group is known as Save A Child's Heart (SACH) and will go to any length including flying children and parents to a third country or even a fourth in order to bring them to Israel to receive the medical care not available to them at home. SACH also trains pediatric heart doctors the world over, especially the developing world, sets them up with entire treatment facilities and thus spreads their good work to many more children the world over. For any wishing to enjoy a benefit symphony to benefit SACH being held Sunday, January 29, 2017, in the Los Angeles area, please find information and link at the very bottom of this article and please visit the SACH link above if you are at all curious of their entire range of assistances provided.


Topics: Lindahl Landscape Centre, Supplies, Decorative Rock, Bark Mulch, Topsoil & Garden Mix, & Sand & Gravel.
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text:
Category: Volume 9, Edition 2
Bookwalter v Prescott
Posted on February 2, 2006 Author Categories Volume 9, Edition 2
Court of Appeals of Ohio,
Sixth District, Lucas County.
Shirley Fay BOOKWALTER, Independent Administrator of the Estate of Donald Lee
Bookwalter, Deceased, et al. Appellants
Calvin C. PRESCOTT, et al. Appellees
James L. Lenzie, Individually, and as Administrator of the Estate of James R.
Lenzie, Deceased Appellants
Calvin C. Prescott, et al. Appellees.
Decided Feb. 10, 2006.
DECISION AND JUDGMENT ENTRY
PIETRYKOWSKI, J.
{¶ 1} This is an appeal from a summary judgment issued by the Lucas County Court of Common Pleas to appellees Vinings Industries, Inc., n/k/a Kemira Chemicals, Inc. ("Kemira") and Great Lakes Recovery ("Great Lakes") in a dispute over vicarious liability for the deaths and injuries resulting from a motor vehicle accident. Because we conclude that the trial court did not impermissibly weigh the evidence, we affirm.
{¶ 2} James R. Lenzie, Donald L. Bookwalter, and Travis D. Bookwalter were killed and James Lester Lenzie and Richard L. Sorensen were severely injured in a motor vehicle accident when their vehicle collided with a tanker truck driven by Calvin Prescott. At the time of the May 20, 2001 accident, Prescott was traveling south on I-75 on his way to his home in Ridgeville, Indiana. Prescott was returning from delivering a load of sodium silicate from Kemira's plant in Fortville, Indiana to Great Lakes in Ecorse, Michigan. Prescott had been making payments to purchase the tanker truck at the time of the accident. It had an Interstate Commerce Commission placard with C & R Prescott Trucking displayed on it. Prescott did business as C & R Prescott Trucking but C & R Prescott Trucking was not incorporated.
{¶ 3} Prescott was initially recruited in 1996, to regularly transport sodium silicate in his tanker truck from Kemira to Great Lakes through either a contact at Great Lakes, Marcelino Martinez, or a contact at Power Silicates, Brooks Walden. Prescott had no written contract with either Kemira or Great Lakes for his hauling duties or any written lease with either Kemira or Great Lakes relative to the tanker truck. However, Kemira and Great Lakes had a series of renewable three-year Purchase and Sales Agreements for the sodium silicate. During the years that Prescott delivered to Great Lakes, he delivered approximately 90 percent of the sodium silicate that Great Lakes purchased from Kemira. The shipments of sodium silicate were tracked through the use of an annual blanket purchase order from Great Lakes and a bill of lading for each individual shipment printed by Kemira. Upon picking up a load at Kemira, Prescott signed this bill of lading on a line titled "agent."
FN1. Power Silicates was an entity that formerly owned the Fortville, Indiana facilities which Vinings, and now Kemira owes and operates.
FN2. The Purchase and Sale Agreement in effect at the time of the accident ran from January 1, 2000 through December 31, 2002, and was in the name of Vining Industries, Inc., Kemira's predecessor, and National Recovery Systems, Great Lakes Recovery's parent company. Herein, the court makes all references to Vinings Industries and its successor Kemira as "Kemira" and all references to National Recovery Systems and its division Great Lakes Recovery as "Great Lakes."
{¶ 4} Prescott had responsibility for periodically checking on the level of sodium silicate at Great Lakes, either by phone or in person, and transporting a load to Great Lakes from Kemira when the level became low. Prescott was informed by Martinez that if he ever let the sodium silicate at Great Lakes run empty, his hauling services from Kemira to Great Lakes would no longer be needed. Prescott paid for the maintenance of his tanker truck, the fuel for it, as well as for insurance on it. Prescott received no professional training from either Kemira or Great Lakes and neither entity specified the route he was to take between the facilities. Prescott was paid by Kemira according to the number of pounds of sodium silicate he hauled from Kemira to Great Lakes. Ultimately, Prescott's freight charges were billed by Kemira to Great Lakes as part of the cost of the sodium silicate. Prescott received a 1099 tax form from Kemira each year.
{¶ 5} On September 4, 2002, appellants filed an initial complaint that included a claim against Kemira asserting vicarious liability for Prescott's negligence as Prescott's employer. On February 19, 2003, appellants filed an amended complaint that included a similar vicarious liability claim against Great Lakes. On July 1, 2004, the trial court granted both appellee Kemira's and appellee Great Lakes' motions for summary judgment. On December 15, 2004, appellants and Prescott, individually, and Prescott dba C & R Prescott Trucking, entered into a consent judgment entry for $10,000,000 in damages. Appellants assert the following assignments of error:
{¶ 6} "1. The trial court erred in granting summary judgment in favor of Great Lakes and Vinings by finding as a matter of law that Calvin Prescott was an independent contractor because reasonable minds could conclude that Prescott was an employee or agent of Great Lakes or Vinings, or both. * * *
{¶ 7} "2. The trial court erred in granting summary judgment in favor of Great Lakes and Vinings because it exceeded the scope of its authority under Ohio Civil Rule 56 by weighing the evidence and failing to construe the evidence most strongly in favor of Plaintiffs-Appellants. * * * "
{¶ 8} Appellate review of a trial court's grant of summary judgment is de novo. Grafton v. Ohio Edison Co. (1996), 77 Ohio St.3d 102, 105, 1996-Ohio-336. Accordingly, we review the trial court's grant of summary judgment independently and without deference to the trial court's determination. Brown v. Scioto Cty. Bd. Of Commrs. (1993), 87 Ohio App.3d 704, 711. Summary judgment will be granted only when there remains no genuine issue of material fact and, when construing the evidence most strongly in favor of the nonmoving party, reasonable minds can only conclude that the moving party is entitled to judgment as a matter of law. Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 66; Civ.R. 56(C). The burden of showing that no genuine issue of material fact exists falls upon the party who moves for summary judgment. Dresher v. Burt (1996), 75 Ohio St.3d 280, 294, 1996-Ohio-107. However, once the movant supports his or her motion with appropriate evidentiary materials, the nonmoving party "may not rest upon the mere allegations or denials of his pleadings, but his response, by affidavit or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial." Civ.R. 56(E).
{¶ 9} Prior to embarking on a common-law analysis of Prescott's employment status, we must address appellees' argument relative to Prescott's employment status under federal statutory law. This issue was raised in Kemira's motion for summary judgment before the trial court, though the trial court's summary judgment opinion apparently did not address it. Both appellees cite Wyckoff Trucking, Co. v. Marsh Bros. Trucking Svc., Inc. (1991), 58 Ohio St.3d 261 in the instant appeal in advocating for emphasis on a statutory analysis of Prescott's employment status under the Interstate Commerce Commission Regulations rather than application of the common law doctrine of respondeat superior. In fact, appellee-Great Lakes cites Wyckoff for its contention that the common law doctrine of respondeat superior plays no role in this case. In response, appellants contend that Prescott can be a statutory employee of Prescott Trucking as well as a common law employee of either Kemira or Great Lakes at the same time. In other words, appellants assert that establishment of Prescott Trucking as the statutory employer of Prescott with primary liability does not preclude a finding of secondary liability for either Kemira or Great Lakes as common law employers.
{¶ 10} In Wyckoff, the court noted there were two differing points of view with regard to the determination of tort liability arising out of accidents involving leased vehicles of interstate motor carriers under I.C.C. regulations. Id. at 265. As the court stated, "[u]nder the minority view, a written lease in combination with the display of I.C.C. placards creates only a rebuttable presumption of an employment relationship between the driver of the vehicle and the carrier-lessee indicated on the placards. Thus, the carrier-lessee's liability is ultimately determined by resort to common law doctrines such as respondeat superior." Id. "On the other hand, the majority view holds that Section 1057.12(c)(1), Title 49, C.F.R. creates an irrebuttable presumption of an employment relationship between the carrier-lessee and the driver of the vehicle that displays the I.C.C. placards of the carrier-lessee." Id. In Wyckoff, the Supreme Court of Ohio sided with the majority view and held:
{¶ 11} "1. In tort causes of action involving leased vehicles of interstate motor carriers, primary liability shall be determined with regard to Interstate Commerce Commission regulations rather than the common-law doctrines of respondeat superior, master-servant, independent contractor and the like. (Thornberry v.. Oyler Bros., Inc. [1955], 164 Ohio St. 395, 58 O.O. 189, 131 N.E.2d 383, overruled to the extent inconsistent herewith.)
{¶ 12} "2. In order for liability to attach on an interstate carrier-lessee under Interstate Commerce Commission regulations, it must be established that, at the time the cause of action arose, (1) a lease of the vehicle was in effect and (2) the vehicle displayed the carrier-lessee's placard listing its I.C.C. numbers. (Section 1057.12, Title 49, C.F.R., applied.)
{¶ 13} "3. Section 1057.12(c)(1), Title 49, C.F.R. creates an irrebuttable presumption of an employment relationship between the carrier-lessee and the driver of a vehicle that displays the I.C .C. identification numbers of the carrier-lessee." (Emphasis added.) Id. at paragraphs 1 and 3 of the syllabus.
{¶ 14} Appellants cite a 1992 post-Wyckoff amendment to the I.C.C. regulations and assert that the amendment effectively abrogated Wyckoff' s irrebuttable presumption of an employment relationship between a driver and a carrier-lessee whose I.C.C. placard is displayed on the vehicle. In 1992, the Commission amended Section 1057.12(c), Title 49, C.F.R., to add the following:
{¶ 15} "(4) Nothing in the provisions required by paragraph (c)(1) of this section is intended to affect whether the lessor or driver provided by the lessor is an independent contractor or an employee of the authorized carrier lessee. * * * " Section 1057.12(c)(4), Title 49, C.F.R.
In 1997, 49 C.F.R. § 1057.12 was amended to be renumbered 49 C.F.R. 376.12. See also In Ex Parte No. MC-203 Petition to Amend Lease and Interchange of Vehicle Regulations, 8 I.C.C.2d 669, 670 (1992), for a discussion on the Commission's intent in adding the language of 49 C.F.R. § 1057.12(c)(4) to take "no position on the independence of lessors," and for state courts not to hold that these control regulations are "prima facie evidence of an employer-employee relationship." Id. at 671.
{¶ 16} We agree that there may be a question regarding the status of Wyckoff's irrebuttable presumption after this amendment. See Hughes v. Brogan (Jan. 12, 1995), 10th Dist. Nos. 94APE05-731, 94APE08-1226. However, we do not have to resolve that issue because Wyckoff is not applicable to the present case. Wyckoff and the federal statute that it interprets both addressed vehicles of interstate motor carriers subject to a written lease. In the present case, there was no written lease entered into between either Prescott or Prescott dba C & R Prescott Trucking and Kemira or Great Lakes. Therefore, Wyckoff does not apply and we must analyze Prescott's employment status under the common law.
The Tenth District Court of Appeals stated as follows without any further related analysis: "We acknowledge that changes have occurred since the Supreme Court decided Wyckoff * * *. These changes would make appropriate a revisiting of the Wyckoff Trucking opinion by the Ohio Supreme Court. However, we are not at liberty to disregard the Supreme Court's opinion."
{¶ 17} Under the common law, whether someone is an employee or an independent contractor is ordinarily an issue of fact. Bostic v. Connor (1988), 37 Ohio St.3d 144, at paragraph one of the syllabus. "However, when there is no conflict in the evidence, or the facts are admitted, the question is one of law to be decided by the trial court." Martinez v. Trimble (Dec. 29, 1995), 6th Dist. No. L-95-160, citing Bostic at 146. "The key factual determination is who had the right to control the manner or means of doing the work." Bostic at paragraph one of the syllabus. In Bostic, the Supreme Court of Ohio stated that in determining who has the right to control the manner or means of doing the work:
{¶ 18} "[t]he factors to be considered include, but are certainly not limited to, such indicia as who controls the details and quality of the work; who controls the hours worked; who selects the materials, tools and personnel used; who selects the routes travelled [sic]; the length of employment; the type of business; the method of payment; and any pertinent agreements or contracts." Id. at 146.
{¶ 19} All indicia of an employment relationship in a given case must be assessed together as a whole. Harmon v. Schnurmacher (1992), 84 Ohio App.3d 207, 211, citing Gillum v. Indus. Comm. (1943), 141 Ohio St. 373.
{¶ 20} Appellants concede that there are several facts that support an independent contractor status of Prescott/Prescott dba C & R Prescott Trucking. Prescott received a 1099 tax form rather than a W-2 form each year; paid for all the maintenance, insurance, and fuel for his truck; was not required to take any particular route between Kemira and Great Lakes. However, appellants contend that there were several factors that pointed to an employer-employee relationship between either Kemira or Great Lakes and Prescott that were for a trier of fact to weigh and consider rather than the trial court.
{¶ 21} First, appellants point to Prescott's testimony that under the direction of Martinez, Prescott had responsibility for keeping the supply of sodium silicate at Great Lakes at an adequate level as evidence that Great Lakes controlled the manner or means of Prescott's work. Prescott testified regarding his understanding of the repercussions if he failed in that responsibility:
{¶ 22} "A. That's the reason why I had the job, because I took care of the man's–so at the plant he told me when he hired me, If my plant ever shuts down for lack of material because of you not being here, you won't be here no longer.
{¶ 23} "Q. That's what Martinez told you?
{¶ 24} "A. Yes, sir.
{¶ 25} "Q. So he said if somehow you don't deliver the product and we have to shut down, you're done?
{¶ 26} "A. That's right, if somebody has to do it for you, you won't be here."
{¶ 27} Appellants assert that this demonstrates that Great Lakes had the right to "fire" Prescott. However, this does not constitute Great Lakes controlling the manner or means of Prescott doing the hauling work. See Pfau v. Cincinnati Enquirer (Mar. 30, 1987), 12th Dist. No. CA86-03-019. The right to "fire" or "terminate" a person because that person did not achieve the desired result of the business relationship is not incompatible with an independent contractor status. Id.; Norris v. Citizens Publishing Co. (Feb. 16, 1932), 2d Dist. No.2086. Neither is the alleged "requirement" that Prescott use a tanker truck to haul the sodium silicate. Neither Kemira nor Great Lakes were controlling the manner or means of Prescott's hauling work by this requirement because this was the only trucking means to haul the sodium silicate which is a liquid.
{¶ 28} Appellants also point to the bill of lading as evidence that Prescott was Kemira's "agent." The bill of lading was printed at Kemira with Vinings name printed on it as "shipper." When Prescott picked up a load from Kemira, he wrote the name "C & R Prescott Trucking" on a line titled "agent." This line also included the designation "per" after which Prescott signed his name "C. Prescott." When questioned about this, Prescott testified as follows:
{¶ 29} "Q. We saw on that bill of lading that you signed as agent for Vinings Industries, is that correct?
{¶ 30} "A. I'm not an agent, I'm a trucker.
{¶ 31} "Q. You did sign the document where it said 'as agent,' correct?
{¶ 32} "A. I signed it–I'm as C & R Trucking, Prescott Trucking, I signed that bill as I was the trucker."
{¶ 33} From the foregoing, it is clear that Prescott did not intend to sign the bill of lading as agent for Kemira/Vinings. Appellees also cite the definition of "bill of lading" in arguing that Prescott's signature offers no significance relative to Prescott's employment relationship with Kemira. We agree. R.C. 1301.01(F) provides, " 'Bill of lading' means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods * * *." Reasonable minds could only conclude that Prescott signed the bill of lading as agent for Prescott Trucking.
{¶ 34} Appellants also allege that Prescott's exclusive six-year service for Kemira and Great Lakes is a factor to be weighed in favor of Prescott's status as an employee. In support, appellants cite the recent case of Mendoza v. Bishop, 2005-Ohio-238, 12th Dist. No.2004-04-080, and Harmon v. Schnurmacher (1992), 84 Ohio App.3d 207 in which the worker was found to be an employee as a matter of law. However, Mendoza and Harmon involved the employment status of a horse farm laborer and a personal nurse respectively. Further, in Harmon, there were additional indicia of the nurse's status as an employee beyond merely the length and exclusivity of her service, including work hours set by the employer, hourly pay, and the existence of fringe benefits such as paid vacation and additional holiday pay. Likewise, in Mendoza, the additional indicia included that the laborer lived on the premises at no cost, was paid a weekly salary, and the employer supplied all the equipment and materials used in the job.
{¶ 35} We find more relevant to the present case, the case of Clouse v. Quick Air Freight, Inc. (Dec. 22, 1994), 10th Dist. No. 94APE05-764, which involved summary judgment issues relative to whether a trucker was an employee rather than an independent contractor. However, in Clouse, the court found critical to its determination that a material issue of fact existed, the fact that under a written lease agreement, the trucker was not permitted to do jobs for anyone else. Id. In addition, the employer told the driver what repairs to make to the vehicle, and required the driver to take medical exams given by a doctor selected by the employer. In contrast to Clouse, in the present case, there is neither a written lease agreement nor any other evidence that Prescott was precluded from hauling for other entities. Prescott just chose not to haul for anyone else. Further, all vehicle maintenance issues were at Prescott's discretion and neither Kemira nor Great Lakes required any medical exams. Neither Harmon, Mendoza, nor Clouse lead this court to conclude that length of service, as a sole indicia, precludes a summary judgment finding.
{¶ 36} Finally, appellants assert that there are several material questions of fact raised by the record that precluded summary judgment for appellees. Specifically, who recruited or "hired" Prescott and who made the decisions relative to his rate of pay. Prescott testified that Martinez of Great Lakes initially called him concerning hauling sodium silicate. However, Martinez testified that he could not remember if he or Walden of Powers Silicates contacted Prescott about hauling the sodium silicate. Further, Prescott testified that if he needed a pay raise to cover increasing expenses, he could not recall if he contacted someone at Kemira, or Martinez at Great Lakes. Ken White, sales representative at Kemira testified that Martinez "pretty much defined" the freight rate to Kemira and Martinez was "in control" of the freight rate. Martinez recalled Prescott raising the issue of a pay increase with him. However, Martinez did not recall renegotiating the freight rate with anyone at either Kemira or Great Lakes on Prescott's behalf. Based on this somewhat conflicting testimony, there may be a question of fact regarding which entity first contacted Prescott and which entity had the power to increase Prescott's pay. However, these questions are not material to a determination of Prescott's employment status. The fact that an entity "hires" a driver does not preclude a finding of an independent contractor status. See Koch v. Lind (1997), 121 Ohio App.3d 43, 57. Those issues are not relevant to the critical inquiry of who had the right to control the manner or means of doing the work.
{¶ 37} After a thorough review of the record, reasonable minds could only conclude that neither Prescott nor Prescott dba C & R Prescott Trucking was an employee or agent of either Great Lakes or Kemira, because neither Great Lakes nor Kemira retained the right to direct the manner in which the transporting work was completed by Prescott. Both were merely interested in the result–that Great Lakes had a constant supply of sodium silicate. Further, the trial court did not exceed the scope of its authority under Civ.R. 56 by weighing the evidence and failing to construe the evidence most strongly in favor of appellants.
{¶ 38} Based on the foregoing, we find appellants' assignments of error not well taken. Accordingly, the judgment of the Lucas County Court of Common Pleas is affirmed. Appellants are ordered to pay the costs of this appeal pursuant to App.R. 24. Judgment for the clerk's expense incurred in preparation of the record, fees allowed by law, and the fee for filing the appeal is awarded to Lucas County.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Logistics Insight Corp. v. JDL Trucking
E.D. Michigan, Southern Division.
LOGISTICS INSIGHT CORP., Plaintiff,
JDL TRUCKING, L.L.C., Defendant.
Feb. 16, 2006.
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
GADOLA, J.
Plaintiff Logistics Insight Corporation first brought this subrogation action on June 8, 2004. On June 30, 2005, Defendant JDL Trucking, L.L.C. filed a "motion to dismiss for failure to allege a genuine issue as to any material fact under Federal Rule of Civil Procedure 56(c)," more commonly known as a motion for summary judgment. For the following reasons, the Court will deny Defendant's motion for summary judgment.
Plaintiff has a contract with General Motors ("GM") to arrange for various carriers to deliver automobile parts to GM assembly plants. Defendant is one of the carriers who transported goods for Plaintiff to GM's plants.
On or about May 3, 2002, Todd Crawford, a driver employed by Defendant, left White Marsh, Maryland, transporting a truckload of 88 automobile transmissions, bound for GM's Pontiac Assembly Center in Pontiac, Michigan. While on his way to the GM plant, Crawford had at least one accident when his tractor trailer truck ran off Interstate 75 near Troy, Michigan. Because of the accident, some of the transmissions were visibly damaged and knocked out onto the floor of the truck, while others were simply shifted out of their shipping cases. When the shipment eventually arrived at the GM Assembly Center on May 4, 2002, all the transmissions were refused. The transmissions were then moved to a warehouse for inspection. After an inspection by Dwayne Calhoun, an employee of Plaintiff, and Julie Fitzpatrick, an independent inspector, the decision was made to scrap all 88 transmissions. Since GM owned the transmissions, Plaintiff paid GM $240,000 for the damaged freight. Plaintiff then filed suit on June 8, 2004 against Defendant to recover $240,000 in reimbursement, claiming Defendant was liable as a carrier for the damage done to all 88 transmissions.
II. Legal Standard
Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). Summary judgment is appropriate if the moving party demonstrates that there is no genuine issue of material fact regarding the existence of an essential element of the nonmoving party's case on which the nonmoving party would bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Martin v. Ohio Turnpike Comm'n, 968 F.2d 606, 608 (6th Cir.1992).
In considering a motion for summary judgment, the Court must view the facts and draw all reasonable inferences in a light most favorable to the nonmoving party. 60 Ivy St. Corp. v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987). The Court is not required or permitted, however, to judge the evidence or make findings of fact. Id. at 1435-36. The moving party has the burden of showing conclusively that no genuine issue of material fact exists. Id. at 1435.
A fact is "material" for purposes of summary judgment if proof of that fact would have the effect of establishing or refuting an essential element of the cause of action or a defense advanced by the parties. Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984). A dispute over a material fact is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Accordingly, when a reasonable jury could not find that the nonmoving party is entitled to a verdict, there is no genuine issue for trial and summary judgment is appropriate. Id.; Feliciano v. City of Cleveland, 988 F.2d 649, 654 (6th Cir.1993).
Once the moving party carries the initial burden of demonstrating that there are no genuine issues of material fact in dispute, the burden shifts to the nonmoving party to present specific facts to prove that there is a genuine issue for trial. Anderson, 477 U.S. at 256. To create a genuine issue of material fact, the nonmoving party must present more than just some evidence of a disputed issue. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). As the United States Supreme Court has stated, "there is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the [nonmoving party's] evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson, 477 U.S. at 249-50 (citations omitted); see Celotex, 477 U.S. at 322-23; Matsushita, 475 U.S. at 586-87.
Consequently, the nonmoving party must do more than raise some doubt as to the existence of a fact; the nonmoving party must produce evidence that would be sufficient to require submission of the issue to the jury. Lucas v. Leaseway Multi Transp. Serv., Inc., 738 F.Supp. 214, 217 (E.D.Mich.1990) (Gadola, J.), aff'd, 929 F.2d 701 (6th Cir.1991). "The mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff." Anderson, 477 U.S. at 252; see Cox v. Ky. Dep't of Transp., 53 F.3d 146, 150 (6th Cir.1995).
III. Analysis
This case involves the Carmack Amendment, 49 U.S.C. § 14706, which governs claims against a carrier for the damage of goods transported during interstate shipment. See Am. Rd. Serv. Co. v. Consol. Rail Co., 348 F.3d 565, 568 (6th Cir.2003). Pursuant to the Carmack Amendment, Plaintiff must first establish a prima facie case of liability:
[I]n an action to recover from a carrier for damage to a shipment, the shipper establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages. Thereupon, the burden of proof is upon the carrier to show both that it was free from negligence and that the damage to the cargo was due to one of the excepted causes relieving the carrier of liability.
Plough, Inc. v. Mason & Dixon Lines, 630 F.2d 468, 470 (6th Cir.1980) (citing Missouri Pacific R.R. v. Elmore & Stahl, 377 U.S. 134, 138, 84 S.Ct. 1142, 12 L.Ed.2d 194 (1964)).
The third element of the prima facie case, the amount of damages, is "ordinarily measured by the reduction in market value at destination or by replacement or repair costs occasioned by the harm. The Carmack Amendment incorporates common law principles of damages, and permits recovery of lost profits unless they are speculative." Camar Corp. v. Preston Trucking Co., 221 F.3d 271, 277 (1st Cir.2000) (citations omitted).
In support of its motion, Defendant argues that Plaintiff fails to establish a prima facie case because Plaintiff cannot show the amount of damages actually suffered. Defendant argues that Plaintiff only did a cursory, visual check of the shipment, and rejected the entire shipment without inspecting each transmission. Therefore, Defendant claims, the total amount of damages suffered is purely speculative.
When considering the facts in the light most favorable to the nonmoving party, there is sufficient evidence showing that some kind of traffic accident occurred which damaged some of the transmissions. Plaintiff has provided deposition testimony revealing that when the shipment was examined at the GM plant and at the warehouse, some of the transmissions were visibly broken, that there was transmission fluid on the floor of the trailer, and that several other transmissions were out of the shipping cradles in which they rest during transport. Because the cost of one transmission is a definite amount that can be determined with certainty, the amount of damages in the instance of one broken transmission is not speculative. In the current case, there is evidence that several of the transmissions were damaged by the accident. Thus, the amount of damages for these transmissions that were visibly damaged can be sufficiently determined. Consequently, Plaintiff has certainly established a prima facie case of liability under the Carmack Amendment for those transmissions that were visibly damaged.
Defendant also argues that since Plaintiff did not conduct a thorough inspection of each individual transmission, Plaintiff cannot demonstrate that the entire shipment was damaged, and thus, Plaintiff cannot establish a prima facie case of liability for the rest of the transmissions. In further support, Defendant argues that because the accident was a not a rollover accident, GM and Plaintiff had no basis for rejecting the entire shipment.
Though in their briefs the parties devote much time to the question of whether a rollover accident occurred, whether the accident was a rollover or not is not relevant to the consideration of this motion. The evidence in the record indicates that some kind of accident having a significantly large impact did happen, traumatic enough to knock several heavy transmissions out of their shipping cradles. There is also evidence that GM had a policy of rejecting an entire shipment of goods when there was some indication that a traumatic accident had affected the integrity of the goods. Again, when considering the facts in the light most favorable to the non-moving party, the evidence is sufficient for a jury to find that the integrity of the entire shipment had been compromised by the accident, and that all of the goods had been damaged. Plaintiff has established a prima facie case and Defendant is not entitled to judgment as a matter of law.
ACCORDINGLY, IT IS HEREBY ORDERED that Defendant's motion for summary judgment [docket entry 13] is DENIED.