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Home Blog Truck Accidents Careless Wide Right Turn Truck Accidents Can Cause Severe Damage
Careless Wide Right Turn Truck Accidents Can Cause Severe Damage
| September 20, 2021 | Truck Accidents
Semi-Truck Lawsuits Over Right Turn Accident Injuries
More than 4,100 people died in truck accidents nationwide in 2017, the last year for which statistics are available. The overwhelming majority, 68 percent, were in cars or other passenger vehicles, according to the Insurance Institute for Highway Safety and the Highway Loss Data Institute. Seventeen percent of the people killed in these accidents were in trucks, and 14 percent were either on foot or on motorcycles or bicycles.
Truck accidents of any type can be fatal or cause devastating injuries simply because of the size and weight of commercial trucks. An eighteen-wheeler can weigh 40 tons. A specific designation, light truck, is something of a misnomer when it comes to thinking about the weight vis-à-vis a car. Light trucks can be five-ton vehicles. Cars, by contrast, weigh about one and a half tons. Even a pickup or van weighs just over two tons.
One of the most common types of truck accidents is caused by a wide right turn. Wide right turns can be especially dangerous as they can result in head-on collisions or side-impact collisions, or even cause cars to be trapped between the truck and the other side of the lane. If you or a loved one has been a victim of a truck-related incident contact a trusted truck accident attorney today to discuss your legal options.
Here's Why Wide Right Turn Truck Accidents Take Place
It's easy to understand why wide right turn truck accidents are common if you visualize what a truck has to do to make a right turn. Both shape and size make a commercial big rig very hard to maneuver in a right-hand turn. A car driver is turning a compact shape right, and it's a fairly simple maneuver. A truck, however, can extend for 50 feet or more—much longer than a car.
Types of Right Turn Accident
To make a wide right turn, a driver needs to swing the truck to the left first. The first type of wide right turn accident occurs if the truck swings too far to the left. It can actually go into the left lane and hit vehicles there.
The second type of accident stems from the driver's not going far enough to the left before making a right. Failure to swing left sufficiently can cause a rollover—another type of potentially calamitous truck accident in which the vehicle tips over. (Rollovers themselves can have devastating consequences, such as spillage of cargo over the roadway or fire, either from flammable cargo or the truck's large fuel containers.) Not swinging left sufficiently can also cause the truck to go off the road.
The third type can occur on a road with two right-turn lanes. As the truck turns, it can veer into the second-turn lane. If a car is in that lane, it can be crushed by the turning truck or trapped by it.
The truck's driver should use a turn signal, of course, to indicate an intention to turn right. But many car drivers don't fully realize that a right turn on a big rig or tractor-trailer necessitates them swinging left first. As a result, they might not realize the prudence of giving the truck a wide berth.
The possibility of wide right turn accidents can be exacerbated by a trucker not knowing the area well, especially if they are driving on smaller roads rather than highways. Trucks carry up to 80 percent of all the freight moved in the United States, and truckers often drive across states. The route may be across areas they have never been in. Maps will not always let them know that a relatively wide country road suddenly becomes narrower through a residential or business area. Truckers can find narrow roads very difficult to navigate.
Truckers are Trained to Avoid Right Turn Accidents
Wide right turns are a difficult maneuver, even for a well-trained and experienced driver. These turns are significantly different than they are on a car, so making them should always be part of obtaining a commercial driver's license (CDL).
Drivers are specifically instructed in how to turn a truck right as part of the CDL application in Florida, which requires testing on the contents of the Florida CDL Handbook. Obtaining a CDL license in our state requires passage of skills testing and a series of hands-on observations of the driver, including testing and observing their right-hand turn proficiency. A driver with a CDL should, therefore, fully understand how to make a wide right-hand turn safely.
Unqualified and Undertrained Truck Drivers
However, trucking companies are increasingly turning to non-licensed drivers, for several reasons. First, there is a nationwide shortage of truck drivers. The industry is currently short 50,000 licensed drivers, and the number is expected to grow in the future. Companies that can't find CDL-qualified drivers may turn to drivers who aren't qualified. Second, some companies may feel they can pay drivers without a CDL less, and hire the unlicensed drivers for economic reasons.
For both reasons, trucking companies may be trying to make their runs with drivers who are not licensed and not necessarily even experienced in driving a truck. In areas where trucks differ significantly from cars and other vehicles, such as making a right-hand turn and operating a truck's complicated air brakes, the consequences can be deadly. Both can cause wide right-hand turn truck accidents.
How to Determine Liability in a Wide Right Turn Truck Accident
If you or a loved one has been injured or even killed in a truck accident, you may be eligible to receive compensation for the harm done. Who would pay the compensation? It depends on who is legally liable for the accident.
In all accidents, liability is determined by who or what caused the accident. If the driver didn't turn properly, failed to use his right turn signal, or didn't check blind spots appropriately, for example, the driver could be responsible.
But responsibility in a truck accident is often very complicated. If the driver doesn't have a CDL, for example, the trucking company could be deemed partly or wholly responsible for not screening or training its drivers properly.
Poor Truck Maintenance
Wide right turn truck accidents can also be caused by poor maintenance of the truck. Trucking companies have a Federal requirement to regularly maintain and inspect their trucks. They need to repair any element needing repair. Failed or inadequate brakes, inadequate tires, or faulty steering mechanisms can all contribute to a right turn accident, as can other inadequate maintenance.
Improper Truck Cargo Loading
Trucks also need to be properly loaded. Cargo that is either too heavy for the truck or unbalanced can make the truck very hard to operate and even harder to stop or slow down. Improper loading can contribute to right-hand turn accidents, and can also be a cause of rollovers.
If either maintenance or loading caused the accident, the trucking company or subcontractors hired to do maintenance or loading could be responsible for the accident.
Accidents can also be caused by poor design or defects in the elements and components of the truck. Tire blowouts, for example, can be caused by defective tires. If accidents are caused by these factors, the manufacturer or supplier might be responsible for the accident.
Duty of Care to Prevent Truck Accidents
All of these parties have what the law terms a duty of care to people on the nation's roads. A driver's duty of care is to drive safely at all times, obeying laws and regulations. A company's duty of care is to operate safe trucks. They need to consistently inspect, maintain, and repair trucks to fulfill the duty of care. A manufacturer's duty of care is to produce safe and reliable products. A supplier's duty of care is to supply safe and reliable products.
When any of these parties don't fulfill the duty of care, they have legally breached their duty of care. If the failure of duty of care caused the accident, they can be legally liable for damages.
How Can a Lawyer Help Me Recover Compensation for Damages From a Wide Right Turn Accident?
By Stepping Outside of No-Fault
As most Floridians know, our state covers vehicle accidents with no-fault insurance. The question of responsibility and liability is not significant when using no-fault insurance, because your own insurance carrier pays for damages under no-fault.
All Florida drivers are mandated to carry $10,000 in personal injury protection (PIP). In case of an accident, your insurer reimburses you for economic damages such as medical bills. If you are unable to work due to injuries sustained in the accident, PIP also compensates you for lost wages. Florida law also requires drivers to have $10,000 in property damage liability (PDL) for damage to your vehicle or other property caused by the accident.
But questions or responsibility and liability do become very important if your injuries are severe. Severe injuries can result in medical bills and lost wages much higher than $10,000—and truck accidents often cause much, much more than that.
Truck Accident Severe Injuries
Florida law allows victims with a severe injury to step outside of no-fault and bring a legal claim for both economic damages and non-economic damages such as pain and suffering. Non-economic damages are not covered under no-fault, and people cannot bring a claim for them unless they have a severe injury as the law defines it and bring a suit.
A severe injury must be at least one of the following:
Broken or Fractured bone(s)
Significant disfigurement
Permanent limitation of use of a body member or organ
Significant limitation of use of a body function or system
An injury causing substantially full disability for 90 days
If you were injured in an accident, retain records of all medical visits related to the accident. These can include emergency rooms, ambulance transport, doctor's offices, hospitals, pharmacies, physical therapy, and more.
By Negotiating With Insurance Companies
Victims with a severe injury as defined above can also choose to bring a third-party claim against the responsible entity's insurance company.
Negotiating with an insurance company can be very difficult in a trucking accident, for several reasons. First, all insurance companies have a vested interest in paying out as little as possible. They are interested in protecting their insured from liability, because to do so maximizes their profits. As a result, insurance companies are very sophisticated at both denying claims and minimizing claims. They may claim that the injured party is wholly or partly responsible, that the accident happened differently than it did, or that the injuries may have occurred, but didn't occur as a result of the accident.
Second, insurance in trucking accidents is often extremely complex. Each potentially responsible party—including company, subcontractor, manufacturer, and driver—may be insured with a different carrier or a different line of insurance. The terms of each can be very different from each other.
It's as important to have an attorney on your side in negotiating with an insurance company as it is in a court case.
By Investigating the Accident and Its Causes
Because the cause of a truck accident can be so complex, it's often necessary to investigate the causes. Lawyers frequently have investigators and expert witnesses on call as part of their team. Investigators can gather records (including those by Federal and state authorities, who frequently investigate truck accidents), such as police reports. They can interview witnesses. They can review the area for any surveillance cameras and obtain footage if it exists. Expert witnesses can testify to how accidents occur and elements involved in an accident.
By Protecting Your Interests
Even though trucks can do devastating damage in accidents, it is still possible for the injured party to be at fault, either wholly or partially, for the accident. Even if you aren't at fault, both defendants in a court case and insurance companies can try to portray you as at fault. Did you suddenly move your vehicle into an area that the driver couldn't see because of a truck's large blind spots? Opposing sides can try to argue that the abruptness of the action means you are to blame. In an insurance claim, allegations of victim responsibility can be used to deny or minimize a claim.
Seek an Experienced Truck Accident Attorney
A lawyer can successfully argue and negotiate using the facts of the case. You can protect your interests by contacting a licensed attorney with experience in wide right turn truck accidents today.
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A History of Portugal and the Portuguese Empire – Vol 2
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The Kingdom of Portugal was created as a by-product of the Christian Reconquest of Hispania. With no geographical raison d'être and no obvious political roots in its Roman, Germanic, or Islamic pasts, it for long remained a small, struggling realm on Europe's outer fringe. Then, in the early fifteenth century, this unlikely springboard for Western expansion suddenly began to accumulate an empire of its own, eventually extending more than halfway around the globe. The History of Portugal and the Portuguese Empire, drawing particularly on historical scholarship postdating the 1974 Portuguese Revolution, offers readers a comprehensive overview and reinterpretation of how all this happened – the first such account to appear in English for more than a generation. Volume I concerns the history of Portugal itself from pre-Roman times to the climactic French invasion of 1807, and Volume II traces the history of the Portuguese overseas empire.
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Restaurant Business – Hundreds of Jack in the Box locations are losing money
A lot of the brand's locations had negative operating income in 2018, and the problem is concentrated in a surprising state, says RB's The Bottom Line.
By Jonathan Maze on Dec. 17, 2019
Photograph courtesy of Jack in the Box
Whoever takes over as CEO of Jack in the Box will face an immediate problem: what to do about a large number of money-losing franchised restaurants?
Hundreds of the San Diego-based burger chains had negative operating income last year, according to data from the company's newly filed franchise disclosure document. That would put those locations in near-term danger of closing down.
According to the document, about 300 of Jack in the Box's 2,200 locations generated $1 million or less in annual sales.
Those locations had a median operating income of negative $36,260. That suggests that between 150 and 200 of those restaurants had a negative operating income.
What's more, there were locations with higher annual revenues that still finished with negative operating income.
John Gordon, a restaurant consultant out of San Diego who analyzed the document, said he estimates that at least 300 Jack in the Box locations, or about 13% of the system, are cash-flow negative.
The problem may well be worse than this, too. The document, which was filed earlier this month, provides only 2018 numbers, and Gordon believes conditions have likely deteriorated since, given rising labor and other costs.
While 40% of Jack's locations are in high-cost California, the brand's problem is most acute in supposedly low-cost Texas, home to 27% of Jack in the Box locations but 50% of the restaurants generating less than $1 million. Only 9% of the under-$1 million locations are in California.
The data highlights the challenge the burger chain faces as it looks for a new chief executive: A large percentage of its restaurants are underwater and face near-term uncertainty. The problem helps explain why franchisees have been fighting with the brand over the past two years.
Jack in the Box did not respond to requests for comment.
Jack in the Box CEO Lenny Comma resigned last week after a tumultuous two years that saw the brand unable to find a buyer and fighting with franchisees who called for his resignation while the company slashed corporate overhead. His successor will feel immediate pressure to generate sales to keep franchisees from closing units.
The new CEO will also face challenges getting operators to build locations.
For much of its history, Jack in the Box was a mostly company-owned brand. Around 2004, it started selling those stores to franchisees, and in the 15 years since then, it has sold all but 137, or about 6% of the brand's locations.
In many of these refranchising deals, Jack in the Box kept control of the property, leasing it to the operator for about 9.5% of revenues.
Such deals are not uncommon—McDonald's is the most notable example. Franchise rent now makes up nearly 30% of Jack in the Box's overall revenues.
Some note that Jack's charges are too high given the chain's average unit volumes. Rental charges might be exacerbating an overall profitability problem at the burger chain.
But they may also be putting Jack in the Box in a difficult spot, leaving the brand on the hook for the leases if some stores have to shut down.
For all of Jack's locations, 10% operating margin is also low, leaving franchisees less able to fund capital expenses and debt, as well as corporate overhead. It may also make it harder for the brand to accomplish its next goal: convincing operators to build new units.
Jack in the Box had hoped the end of the refranchising process, along with improved sales, would convince operators to build new restaurants. Same-store sales have improved in the past two quarters, including 3% in the most recent earnings period.
Operators that had been focused on buying existing locations might now be free to build new, at least in theory.
But franchisees that are filing lawsuits against the brand while their operating margins are low, and hundreds are underwater, are a lot less likely to build new units.
That said, it's not as if things are hopeless. Gordon said Jack in the Box's situation is similar to Burger King in 2009, the year before the brand was sold to 3G Capital. The private-equity firm settled lawsuits filed by franchisees and focused on rebuilding the brand's same-store sales—though the company also quickly refranchised restaurants.
Still, today Burger King's unit volumes are higher. Operators are building units, and lawsuits are nonexistent. The next CEO of Jack in the Box should take a cue from that experience.
Bloomberg – McDonald's finds a flaw in its ordering kiosks: No cash accepted
By Leslie Patton
Guest place their order at a kiosk at the McDonald's corporate headquarters restaurant during the grand opening in Chicago on June 4, 2018.
JOSHUA LOTT/BLOOMBERG
McDonald's Corp. has pitched self-ordering kiosks as a key part of its plans to boost sales by improving technology and renovating restaurants. But it turns out the kiosks aren't usable by a significant slice of McDonald's customers: cash payers.
The Big Mac seller is leaning hard into digital ordering and technology improvements to attract on-the-go customers, but a recent test shows the kiosks may need to be replaced or retrofitted to accommodate cash transactions. About 6.5% — or 8.4 million — of U.S. households don't have a bank account or a debit or credit card, preventing them from using McDonald's kiosks that are in about 9,000 domestic locations.
That's problematic for the company because franchisees have been bearing much of the cost for renovations that include the kiosks and creating a more modern look. Many restaurant owners have already having paid as much as $750,000 per store for the kiosks and other improvements.
"As part of McDonald's efforts to identify the best experience for customers and employees, we are always testing new approaches to meet customer demand," the company said in an emailed statement. It confirmed it's testing kiosks that accept cash in a "small handful of U.S. restaurants."
The kiosks, which started being used in the U.S. in 2015, quickly became a focus of recently departed Chief Executive Officer Steve Easterbrook, who said last month that touchscreen ordering is increasing worldwide. He noted that diners usually spend more when ordering via kiosk, and said in July that 40% of in-store customers used one in Australia and major European markets.
"Potentially the franchisee could have to pay," said John Gordon, principal at restaurant adviser Pacific Management Consulting Group. He called the oversight for the kiosks a "mistake" and said the world's biggest restaurant company "should have thought about that."
He estimates that 30% of fast-food customers use cash in the U.S. McDonald's says that worldwide, 40% to 60% of its diners use cash.
"Lower income people just don't have access to credit cards; they're paying with a lot of things in cash," Gordon said. "Why should they not have the same access to personalization, or to get in and out quickly if there's a line?"
McDonald's says the kiosks offer a faster ordering experience and that some cash-paying customers have said they want to be able to use them.
Cashless restaurants, including Dos Toros Taqueria, have faced criticism that they discriminate against low-income consumers who may not have bank accounts. Amazon.com's Go grocery markets and the Sweetgreen salad chain reversed their no-cash policies earlier this year.
Cities and states are starting to ban cashless stores. Philadelphia and San Francisco have such rules in place now, and other municipalities are weighing similar measures.
Nation's Restaurant News – Starbucks straddles the store format fence with minimalist mobile stores and elaborate roasteries
Eric Soltan/Starbucks
Coffee shop diversifies store portfolio with Reserve Roasteries and pickup-only stores
Joanna Fantozzi | Nov 15, 2019
In the month of November, Starbucks has opened both its largest location in the world — the Chicago Reserve Roastery — and one of its smallest, minimalist stores: a pickup-only location in New York City.
The sixth Reserve Roastery in the world allows customers to order coffee cocktails, shop for fancy merchandise, and eat liquid nitrogen ice cream in a five-story, 35,000-square-foot mega-Starbucks.
Related: Starbucks: 5 things we learned this past week
By contrast, the express, pickup-only Starbucks that just opened last week in New York City is minimally designed for customers and delivery drivers to quickly pick up their order and leave.
At first glance, the strategies behind these two new stores seem to be at odds with each other; one focuses on customer experience while the other favors convenience. Are Starbucks customers the types to want to savor their siren-branded moment, or do they just want to get through their morning coffee routine as quickly as possible?
Related: Why Starbucks chose Chicago for its largest Roastery in the world
The answer is both.
During the company's most recent earnings call, Starbucks CEO Kevin Johnson said that customers are responding to improvements made to the in-store experience, which includes new technologies and staffing enhancements. These are just two different types of store experiences to add to Starbucks' repertoire.
"I think they are being supremely conscious in terms of not wanting to present too confusing of a message to customers and investors," John Gordon, a restaurant consultant at Pacific Management Consulting Group said.
"I would say they definitely timed it this way on purpose. … To have two cross-current concepts being developed at the same time would help alleviate some of the pressure and media/investor attention on the roasteries."
Gordon predicts that this will be the last large-format Reserve Roastery that Starbucks opens for a while, as Starbucks makes the final shift from the Howard Schultz era of Starbucks to the Kevin Johnson era. Although Johnson started his tenure as CEO in 2017, and Schultz ended his the same year, the reserve roasteries were Schultz's pet project. Originally, Schultz said that he wanted to have 1,000 Starbucks Reserve bars and 20 to 30 of these mega Reserve Roastery stores around the world.
But Johnson has since tried to scale back on the original ambitious vision for the Roasteries:
"One thousand was an aspiration," he told the Wall Street Journal in a Jan. 2019 interview.
"Starbucks' aspirational goals for both Reserve Store and Reserve Bar formats remain unchanged," a Starbucks representative told Nation's Restaurant News at the time .
Although not much has been said about the future goals of the large-format Reserve Roastery stores beyond Chicago since then, Johnson has put his money where his mouth (and priorities) are: Many of the company's resources have since been devoted to expanding the convenience of mobile order platforms and delivery. Around the same time that Johnson announced that Starbucks delivery would go nationwide in July, the first Starbucks Now express store opened in Beijing that focused on mobile order pay and delivery customers.
Now four months later, a similar concept — the Starbucks pickup store — has made its way to the U.S. The pickup store in New York similarly focuses on mobile customers: customers can use their mobile order and pay to pick up at the new Penn Plaza location. Once they arrive at the minimalist store with no seating and very little décor or branding, they can track the status of their order on a digital board and pick it up when it's ready.
But don't expect these pickup-only stores to start popping up all over the place. Starbucks said that these specialized stores are ideal for "high-traffic, metropolitan areas," while the Reserve Roasteries seem to be similarly ideal for more tourist-driven, but still high-traffic areas.
"I don't think there's much doubt that they will open up more [of these pickup-only locations] because it fits their portfolio perfectly as long as they pin it to the right type of location," Gordon said.
"But remember, the idea of the traditional third place Starbucks is deeply-embedded and if they try to get too cutesy with [these new concepts], they could lose out on market share."
Contact Joanna Fantozzi at joanna.fantozzi@knect365.com
Follow her on Twitter: @joannafantozzi
Nation's Restaurant News – Winter Is Coming: Brace for flurry of restaurant transactions
News>Casual Dining
Experts see fast pace of mergers, acquisitions to continue in last quarter
Ron Ruggless | Oct 04, 2019
The Cheesecake Factory Inc.'s completion of the Fox Restaurant Concepts acquisition this week capped a frantic nine months of merger dealing that have marked 2019. Restaurant industry experts see the pace continuing or picking up steam.
"It's a very attractive, large global industry that has been slow-moving and is being disrupted," said Aaron Allen, principal in the Chicago-based Aaron Allen & Associates global restaurant consultancy.
"When you have negative bond yields in most of the established economies of the world, that will lend itself very well to alternative-asset investments and lots of M&A activity," Allen noted.
"We see that continuing for the foreseeable future."
The past week alone illustrated how those investments were being made, in consolidations among established restaurant companies, in private-equity purchases and in bankruptcy acquisitions:
The Cheesecake-Fox $353 million deal came on the heels of acquisitive Arby's parent Inspire Brands buying Jimmy John's Sandwiches last week and private-equity firm L Catterton purchasing Del Frisco's Restaurant Group in a $650 million deal and spinning off the steakhouse and grill brands to Landry's Inc. Houston-based Landry's, meanwhile, in a bankruptcy auction bought locations of Restaurants Unlimited.
Analysts expect the demand for quality restaurant mergers and acquisitions to continue, especially with the benchmark LIBOR, or London Interbank Offered Rate, that banks charge each other remaining fairly low. On Oct. 1, the one-year LIBOR interest rate was 2.04%, down from 2.92% a year ago.
"With interest rates still pretty low and with the recent sea change toward stronger restaurant companies adopting the portfolio — multi-brand — approach, there is and there will be demand for strategic M&A," said John A. Gordon, principal with Pacific Management Consulting Group.
"However, there are increased underwriting standards," Gordon warned. "The strongest brands get done at the best terms. Some very weak brands get no offers."
Allen said the amount of potential investment money available globally is nearing $5 trillion, a near record level that rivals the amount "sloshing around" before the global financial crisis and Great Recession in 2008.
"It's creeping back up," Allen noted, adding that it was happening domestically as well as globally.
"It's a spending spree spurred on by low interest rates and abundance of capital seeking a home," Allen said in a phone interview. "The global foodservice industry remains an attractive place for that."
Disruptions such as third-party aggregators for delivery — similar to what was seen in the hotel industry for room reservations — and a consumer-taste shift to convenience and experience have motivated established brands to invest in younger brands.
Lebanon, Tenn.-based Cracker Barrel Old Country Store Inc. in July agreed to invest up to $140 million in Denver-based Punch Bowl Social, adding an experiential brand founded in 2012 to its 50-year-old brand. The Cheesecake Factory effected a similar move, adding fast-casual Flower Child to its casual-dining portfolio as well as a number of innovative Fox concepts.
L Catterton's acquisition of the Del Frisco Restaurant Group included spinning off the Double Eagle Steakhouse and Del Frisco Grille concepts to Houston-based Landry's.
"The Del Frisco/L Catterton/Landry's situation was exceedingly complicated — with way too much debt and some underperforming brands like the Grille, and the complicated legacy M&A [in the Bartaco and Barcelona Wine Bar] acquisition," Gordon said.
"Even then, a reasonable separation transaction finally occurred.
"This actually shows the strength of strategic M&A demand," Gordon said.
That demand had evidenced itself in January with J.H. Whitney Capital Partners LLC's purchase of Firebirds Wood Fired Grill, a 48-unit "polished-casual" restaurant concept, from Angelo, Gordon & Co.
In continued in March with the purchase of Scottsdale, Ariz.-based P.F. Chang's China Bistro Inc. by investment firms TriArtisan Capital Advisors LLC and Paulson & Co. Inc. In June, when San Antonio, Texas-based burger chain Whataburger Inc. agreed to sell a majority interest to Chicago-based merchant bank BDT Capital Partners. And in July the investment group behind Hooters of America LLC sold the casual-dining wings brand to Nord Bay Capital and TriArtisan Capital Advisors LLC.
The sellers included H.I.G. Capital, Chanticleer Holdings and other investors. Financial terms of the deal were not disclosed. Hooters of America, founded in 1983, owns and franchises more than 430 Hooters restaurants in 38 states and 27 countries.
With large sums of private equity investment money looking for a place to land, the public markets have seen little interest from restaurant brands.
In August, Kura Sushi USA Inc., the 22-unit technology-enhanced sushi chain, launched its initial public offering.
However, in late July, CEC Entertainment Inc., parent company of Chuck E. Cheese and Peter Piper Pizza, terminated an agreement that would have taken the 750-unit, Irving, Texas-based company public.
"The US restaurant IPO market remains essentially closed for now," Gordon said.
"The recent last-minute pullback of CEC Entertainment was very telling, probably an indication of weak demand and/or problems with CEC's latest numbers. The Kura Sushi IPO is very lightly trading (about 33,000 shares/day) and has drifted lower from a slight stock price rise after its IPO."
Bankruptcy purchases like the Landry's-Restaurants Unlimited purchase continue to fuel some consolidation. On Sept. 12, Huddle House Inc. agreed to buy 342 Perkins Restaurant & Bakery locations. Parent Perkins & Marie Callender's Inc. had filed for bankruptcy protection in August.
One Hospitality Group Inc. was seeking to buy locations of Kona Grill Inc., which had been publicly traded, in a bankruptcy court bid.
Allen said more companies are looking to private than public.
"They want to get off the exchanges," he explained, "because you're basically in the frying pan. You are in such a hot seat with so much pressure, the investment thesis — not just in restaurants but across the board — is starting to be around the notion of staying private."
Companies are staying private a lot longer as well. "Who wants to live in an aquarium?" Allen said of the public market.
In the final three months of the year, Allen said he expects "a flurry of deals trying to be pushed through."
He said he knows of a number of proposed deals that are going through due diligence and would be expected to be announced or to be closed by the end of the year.
"We then think it will be 'Wait and See' as we enter into an election year," Allen said. "We expect there will be more caution, but still cash available for these deals."
Contact Ron Ruggless at Ronald.Ruggless@Informa.com
Follow him on Twitter: @RonRuggless
Author john7357Posted on January 22, 2020 January 22, 2020 Categories 2019
New York Post – Papa John's Scores $200M Investment, New Chairman
There's a new big cheese at Papa John's — and embattled founder John Schnatter is not happy about it.
The pizza franchisor announced a $200 million investment from hedge fund Starboard Value Monday in a deal that places the fund's boss Jeff Smith in the chairman seat.
The deal between Papa John's and Smith's Starboard Value also threatens to further loosen Schnatter's influence over the company he founded in 1984, by expanding the board and diluting his stock.
It weakens Schnatter's voice on the board by adding three new directors, including Smith and Anthony Sanfilippo, former chairman and CEO of casino operator Pinnacle Entertainment.
The company also added a seat for Schnatter's nemesis Steve Ritchie — who became CEO in December 2017 after Schnatter was booted over his criticisms of the NFL's handling of football players kneeling during the national anthem.
In addition to expanding the board, the $200 million investment gives Starboard a new chunk of convertible preferred stock that stands to shrink Schnatter's stake from 31.1 percent to about 26 percent, according to restaurant analyst Mark Kalinowski of Kalinowski Equity Research.
"It doesn't neutralize him, but his percentage of voice on the board goes down," said John Gordon of Pacific Management Consulting Group.
A source following the situation said the deal suggests Papa John's may be seeking to start a sales process that could have a better chance of success with Schnatter owning a smaller stake.
Private equity firms circling the company during its recent woes were hesitant about bidding for the pizza-maker with Schnatter owning 31 percent, this person said.
Schnatter — who was removed as chairman in July 2018 when it emerged that he used the N-word during a call — isn't expected to take the setback lying down.
The pizza slinger is evaluating his "legal remedies" over Papa John's decision to choose Starboard's offer over his own, according to a filing with the Securities and Exchange Commission.
Schnatter's SEC filing describes his $250 million counteroffer as "essentially the same" as Starboard's but at a lesser cost to the restaurant company.
Schnatter could buy more stock to boost his stake, but he faces a "poison pill" that was implemented last year to prevent him from amassing too many shares. The poison pill is set to expire in July.
Shareholders cheered the investment Monday, sending the stock up almost 9 percent, to close at $41.97.
Smith pulled off a coup at Darden Restaurants in 2014 by replacing the entire board of directors and then pushing for culinary changes, including selling more alcohol and better-tasting bread sticks at Olive Garden.
"Papa John's has always stood for higher-quality pizza, and we believe Papa John's has a strong foundation, with the best product in the space and a strong franchisee and customer base," Smith said in announcing the deal.
"We see tremendous potential for the company both in the US and internationally," Smith said.
Papa John's has been suffering from stagnating sales amid fierce competition from other fast-food pizza chains.
Author john7357Posted on July 7, 2019 Categories 2019
New York Post – Subway's Arbitration for Minor Infractions Is Out of Control: Franchisees
In Pictures via Getty Images
The restaurant business is messy — but try telling that to Subway Restaurants, which is being accused of going after franchisees for minor infractions, like smudged glass, in an effort to put them out of business.
Mom-and-pop franchisees of the nation's largest fast-food chain claim they're under attack from an army of lawyers and store inspectors who are pressuring them to shutter or sell their stores, according to sources and court filings.
At the heart of the controversy is a 700-page-plus operations manual, which dictates everything from what oven temperatures to use to how to display vegetables.
"No one can comply with that," Ohio lawyer Mark Shearer said of the manual. "[Celeb chef] Gordon Ramsay can't comply with this."
The Milford, Conn., company uses the manual to ding franchisees during monthly inspections for violations that can then put them in jeopardy of breaching their licensing agreements, according to sources and court filings.
In the case of Shearer's client, Jack El Turk, who runs a Subway in Brook Park, Ohio, the company's inspections led to complaints of "smudge marks on the glass in the dining room" and "coats and purses in the backroom," according to court papers filed by Shearer.
Another franchisee, requesting anonymity, shared with The Post a recent inspection report that found him out of compliance for slicing his vegetables in a "choppy" manner.
In some cases, dinged stores are sold to Subway's own development agents — the very same people who direct the monthly inspections, according to sources and court filings.
"My clients were targeted because sometimes they liked the store's revenue and wanted the store for themselves," Shearer told The Post, echoing his statements in a recent court filing about an Ohio franchisee who was allegedly forced out by a development agent "attempting to acquire restaurants in the territory."
A Subway spokeswoman said the monthly inspections "are ensuring the high standards demanded by us and expected by guests are met."
"If a restaurant is not meeting the requirements, the brand first makes every effort to work with the franchise owner to fix the issues," she said.
But the accusations of an uneven playing field come at a time when the company known for the $5 footlong is flooding franchisees with legal actions.
The company took 955 actions against franchisees in 2017 and 718 last year. Most of the actions were through arbitration, which means the reasons behind them were not disclosed.
Based on the numbers alone, Subway is involved in hundreds more disputes with franchisees than McDonald's, Dunkin' donuts, Burger King, Pizza Hut and Wendy's combined, according to restaurant consultant John Gordon of Pacific Management Consulting Group.
Subway initiated 702 arbitration actions against US franchisees in 2017, Gordon said, compared to one by McDonald's, two by Dunkin' and none by Pizza Hut, Burger King or Wendy's.
"It stands out like a sore thumb," Gordon said of Subway's arbitration record.
Critics say the legal actions are tied to the company's plan to slim down the chain amid sagging sales as competition for healthy and fresh food options grows.
Last year, Subway lost a net 1,108 stores, or 4.3% of total locations. McDonald's, by contrast, lost a net 122 stores in 2018, or just 1% of its US base, according to regulatory filings.
San Diego Union Tribune – Jack in the Box Shelves Efforts to Find a Buyer, Eyes Refinancing
Jack in the Box said Wednesday that it has dropped efforts to find a buyer and will now look to recapitalize the company through securitization.
(Jack in the Box)
San Diego restaurant chain is looking at securitization to change its capital structure
San Diego's Jack in the Box said Wednesday that it has dropped efforts to find a buyer and instead will look to recapitalize the company through a debt securitization.
The move comes after Jack in the Box began exploring strategic alternatives last November, including a possible sale, under pressure from activist investors.
The fast-food restaurant chain also is facing a backlash from some franchisees, who contend it has failed to provide enough marketing and other support for their businesses. A group that represents owners of the bulk of Jack in the Box's franchise restaurants has called for Chief Executive Leonard Comma to step down, among other things.
In a statement, the company said it contacted "a broad range of potential strategic and financial buyers, both domestic and international."
At the same time, it looked at a range of financing options including a new capital structure that included adding debt through the securitization.
Jack in the Box's board of directors opted for the latter. It expects to replace its existing term loan and revolving credit line with the securitization, which essentially means refinancing the loans with marketable debt securities that are sold to investors.
Once it pays off existing loans, Jack in the Box intends to use some of the proceeds for the debt securitization to repurchase shares, which could boost earnings per share and its stock price, depending on future financial performance.
"With this evaluation behind us, we are dedicated to moving the Jack in the Box brand forward," said David Goebel, lead director of the company's board, in a statement. "The Board of Directors unanimously and wholeheartedly supports Chairman and Chief Executive Lenny Comma and the entire management team as we collectively pursue a strategic plan focused on value creation as a standalone company."
Just how much additional debt the company might take on through the securitization remains unclear. In a statement, Jack in the Box said it is targeting a leverage ratio of about 5 times adjusted EBITDA — or earnings before interest, taxes, depreciation and amortization.
"They're saying we are going to do a securitization that is going to free up funds for general corporate purposes and for the share buyback and the like," said John Gordon of Pacific Management Consulting Group, a restaurant industry adviser. "That may or may not be enough to get the activists out of their tailpipe. It really doesn't do anything to alter the fundamentals of the business."
At the end of its 2018 fiscal year, the company's debt ratio was four times adjusted earnings of about $264 million, said Lance Tucker, chief financial officer, in a February conference call with analysts.
Jack in the Box has forecast adjusted earnings of $265 million for the 2019 fiscal year ending in September but aims to boost adjusted earnings to about $300 million in coming years, said Gordon.
"It looks like they are moving from approximately $1.1 billion in debt to $1.5 billion in debt," with the securitization, he said.
Jack in the Box has been talking about securitization for some time. On the February conference call, Tucker said the move allows the company to tap into low interest rates. He added that the leverage ratio of 5 times adjusted EBITDA would be less than the ratio of some of the company's restaurant industry peers.
Jack in the Box also reported fiscal second quarter earnings on Wednesday after markets closed. Revenue came in at $216 million, compared with $210 million for the same quarter last year.
Earnings from continuing operations were $25.1 million, or 96 cents per share, compared with $25 million, or 85 cents per share, a year earlier.
The company's shares ended trading Wednesday up 44 cents at $77.84 on the Nasdaq exchange
Nation's Restaurant News – John Schnatter Sells $6M in Papa John's Shares
Joe Raedle/Getty Images News/Getty Images
NEWS>QUICK SERVICE
John Schnatter sells $6M in Papa John's shares
The sale accounts for approximately 1.1% of his total holdings
Joanna Fantozzi | May 15, 2019
After stepping down from the Papa John's International Inc. board in March following a settlement with the pizza chain, the company's controversial founder and former CEO John Schnatter has sold 114,061 Papa John's shares, worth approximately $6 million, or 1.1% of the total 9.9 million shares he owns, according to a May 10 SEC filing.
Schnatter still owns more than 30% of the company's total shares.
The move comes just one week after Schnatter enlisted the help of financial advisors to help sell all or part of his 31% majority stake in the Louisville, Ky.-based pizza chain. Although the shares represent just a tiny fraction of the total stake Schnatter has in Papa John's, he has indicated that this will not be the only shares he sheds.
"Based on his analysis of, among other things, investment considerations, economic conditions and public disclosures made by the Issuer, Mr. Schnatter may sell, trade or otherwise dispose of more or less of his Common Stock in the Issuer in the public markets,in privately negotiated transactions, in registered offerings or otherwise, consider and/or implement various alternatives to maximize the value of his investment in the Issuer, or take any other lawful action he deems to be in his best interest," the original SEC filing stated. "Mr. Schnatter has solicited the advice of financial advisors regarding a possible disposition of all or some of his common stock in [Papa John's]."
Schnatter originally stepped down as CEO in December 2017 following controversial comments during an earnings call in which he blamed NFL protests for Papa John's struggles. Following last summer's reports of racist language and behavior, he resigned as chairman. After more than a half a year of legal battles, Schnatter and Papa John's have all but completely cut ties.
John Gordon, analyst at Pacific Management Consulting Group said the sale likely represents a small fraction of what Schnatter might try down the line:
"I believe the small stock sale by John is an attempt to test how much the market would react if he eventually dumps his shares," Gordon said. "He has a duty not to harm the company … and his own share value. So, just a little check."
Both Papa John's and a representative for John Schnatter declined to comment on the sale.
As of March 31, Papa John's has 5,336 locations worldwide.
Contact Joanna Fantozzi at joanna.fantozzi@informa.com
Restaurant Business – Why Do Struggling Chains Always Turn To Franchising?
Companies with steeply falling sales frequently turn to franchisees to turn stores around. RB's The Bottom Line examines whether this is a good idea.By Jonathan Maze on Apr. 23, 2019
Fuddruckers hasn't exactly set the world on fire lately. Same-store sales in the burger chain's fiscal second quarter declined 5.3%, parent company Luby's Inc. reported this week.
And that was an improvement. Same-store sales in the first quarter declined by 11.2%.
Not surprisingly, the company is refranchising. Fuddruckers currently operates 54 company stores, following 14 closures over the past year and after the sale of five locations in San Antonio earlier this year. Franchisees operate another 102.
Refranchising has been a common strategy in the restaurant business for the past couple of decades, as executives embrace an investor-friendly and more profitable "asset light" business model.
But they're really common when systems struggle, often coming across as a last-ditch rescue effort to keep chains afloat.
"They do it because they don't have a better alternative," said John Gordon, a restaurant consultant out of San Diego.
Famous Dave's announced plans to refranchise its company stores in 2017, for instance. Those company stores had produced 13 straight quarterly same-store sales declines when it announced the plan.
Papa Murphy's, which had employed a strategy of buying back struggling franchisees, after its 2014, began selling them back in 2017.
Steak 'n Shake announced plans to refranchise all 415 of its company-owned restaurants last year, after its same-store sales turned south for the first time in nearly a decade. It has closed 31 locations this year to "prepare" those locations for incoming franchisees.
Refranchising isn't necessarily a bad thing. Oftentimes, companies are simply bad at operating restaurants and better at franchising. And franchisees can do a better job of running the locations.
That was clearly the case when Burger King sold off all of its company restaurants to franchisees in 2012 and 2013. Many operators simply fixed up poorly operated restaurants and yielded improved profits.
"Just because you operate restaurants doesn't mean you have an operating culture," Kevin Burke, managing partner at Trinity Capital, told me.
Refranchising done right can inject some energy into restaurants while freeing up executives to concentrate on running the brand. The strategy can work, so long as the system focuses on ensuring franchisee profitability and operates the brand well.
When the brand is struggling, franchisees can frequently get stores at low prices because the franchisor is eager to let the restaurants go. The operators buying the units often pick off the best stores that can be more easily turned around, which can leave the franchisor closing weaker stores—Fuddruckers has been closing unprofitable stores for the past year, after all.
Still, such strategies can sap the credibility of the refranchising model when they're done so frequently by companies desperate for a turnaround.
And just because franchisees are willing to take the risk of buying such stores doesn't mean they are making a good decision.
Gordon pointed out that when an operator buys up a store that is losing money, it not only has to get that store to basic profitability, it has to generate enough profits to pay the royalty payment, which is typically about 5%.
And let's not forget that many of these companies buying up stores are borrowing money to do so.
But the simple fact is that, if running stores were a more profitable venture, then more companies would seek to operate more stores.
And when restaurants are less profitable, companies seek to get out of it and hope someone else can do a better job. They often can, but sometimes they can't.


Diabetes represents one of the world's major healthcare problems with 285 million reported cases of diabetes worldwide, a figure projected to increase to 439 million by 2030. As the prevalence of type 2 diabetes has risen dramatically, there is an urgent need to develop new approaches for disease treatment. The alarming increase in diabetes incidence coupled with the failure of established anti-diabetic drugs to tightly manage the disease, demonstrates the market need for new anti-diabetic approaches. Approaches to counteract defective insulin secretion and low beta cell mass in diabetes are key in developing therapeutic strategies. In recent years, therapies that target the actions of glucagon-like peptide-1 (GLP-1) which stimulate insulin secretion through activation of G-protein coupled receptors (GPCRs) have been successful. This has resulted in substantial interest in targeting other islet GPCRs for diabetic therapies [1-5].
The Diabetes Research Laboratory at Ulster University has identified the anti-diabetic potential of a cannabinoid receptor, and in collaboration with GreenLight Medicines, the student will carry out a comprehensive and rewarding series of studies ranging from laboratory studies through to clinical translational research. Cannabinoid receptors are activated by cannabinoids, compounds which are produced naturally inside the body (endocannabinoids) or introduced into the body as medicinal cannabis or a related synthetic compound. The most common source of cannabinoids is the Cannabis plant. The recent recognition by the UK government that cannabis has medicinal value and should be available to the public is an important step for the development of cannabis studies.
The aim of this research study is to determine the therapeutic applicability of a range of cannabinoids which act through a GPCR receptor and the beneficial effects in diabetes. GPCRs have become the target of approximately 50% of recently developed pharmaceutical agents. Our published work demonstrates that GPCRs activated by endogenous and synthetic agonists in islets and intestinal cells exhibit insulinotropic and glucose lowering activity [1-5]. This research project represents an important step in the validation of this islet target for improved diabetes treatment and care.
3.McKillop AM, Moran BM, Abdel-Wahab YH, Gormley NM, Flatt PR. (2016) Diabetologia 59(12):2674-2685.
4.Moran BM, Abdel-Wahab YH, Flatt PR, McKillop AM. (2014). Diabetes Obes Metab. 16:1128-39.
5.Moran BM, Abdel-Wahab YH, Vasu S, Flatt PR, McKillop AM. (2016) Acta Diabetol 53(2):279-93.


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>Journals
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>Volume 55 Issue 4
>Home range and habitat selection of captive-bred and...
Species and study area
Home range and habitat selection of captive-bred and rehabilitated cape vultures Gyps coprotheres in southern Africa
Published online by Cambridge University Press: 04 September 2020
Ben Jobson [Opens in a new window] ,
Kerri Wolter ,
Lara Jordan ,
Ara Monadjem and
J. Marcus Rowcliffe
Ben Jobson*
Imperial College London, Silwood Park, Berkshire, SL5 7PY, UK
Kerri Wolter
VulPro, Rietfontein, Hartbeespoort Dam, North West Province, South Africa
Lara Jordan
Ara Monadjem
Department of Biological Sciences, University of Eswatini, Kwaluseni, Eswatini, and Department of Zoology and Entomology, Mammal Research Institute, University of Pretoria, Pretoria, South Africa
Zoological Society of London, Institute of Zoology, London, UK
(Corresponding author) E-mail ben.jobson@birdlife.org
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Following the continual decline of the Cape vulture Gyps coprotheres since the 1960s, captive breeding and rehabilitation programmes have been established to reinforce populations across southern Africa. This study examines the spatial ecology of captive-bred and rehabilitated vultures following release. Our analysis used 253,671 GPS fixes from 20 captive-bred and 13 rehabilitated birds to calculate home range sizes using kernel density estimation. We found that home range size did not differ significantly between captive-bred and rehabilitated birds. The location of home ranges differed: captive-bred birds showed greater site fidelity, remaining close to their release site, whereas rehabilitated birds dispersed more widely across the species' native range. By remaining close to their release site within a protected area, captive-bred birds had a significantly higher per cent of their GPS fixes within protected areas than did rehabilitated birds. Despite fidelity to their release site, captive-bred birds demonstrated innate capabilities for natural foraging behaviours and the same habitat selection strategy as rehabilitated individuals. These findings suggest that captive breeding and reinforcement of populations at declining colonies could provide localized benefits. Future long-term studies should seek to analyse survivorship and identify the breeding behaviour of these captive-bred birds once they reach sexual maturity.
Cape vulturedispersalEndangeredGyps coprothereskernel densityprotected areassouthern Africaspatial ecology
Oryx , Volume 55 , Issue 4 , July 2021 , pp. 607 - 612
DOI: https://doi.org/10.1017/S0030605319000814[Opens in a new window]
This is an Open Access article, distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives licence (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is unaltered and is properly cited. The written permission of Cambridge University Press must be obtained for commercial re-use or in order to create a derivative work.
Copyright © The Author(s), 2020. Published by Cambridge University Press on behalf of Fauna & Flora International
The African vulture crisis has seen Gyps species following global trends of declines caused by a combination of threats, including persecution, reduced food availability, poisoning and electrocution on powerlines (Ogada et al., Reference Ogada, Keesing and Virani2012, Reference Ogada, Shaw, Beyers, Buij, Murn and Thiollay2016). The Cape vulture Gyps coprotheres is categorized as Endangered on the IUCN Red List (BirdLife International, 2017) and its life history strategy, characterized by long generation times (Mundy et al., Reference Mundy, Peter and Butchart1992), makes colonies susceptible to declines (Piper et al., Reference Piper, Mundy and Vernon1989).
Vultures provide significant ecosystem services, including the removal of carcasses, nutrient recycling and reducing the transmission of diseases (Markandya et al., Reference Markandya, Taylor, Longo, Murty, Murty and Dhavala2008; Ogada et al., Reference Ogada, Keesing and Virani2012; López-López et al., Reference López-López, García-Ripollés and Urios2014). Declines in vulture populations can be self-reinforcing through the Allee effect, as populations rely on social information to enhance foraging efficiency (Jackson et al., Reference Jackson, Ruxton and Houston2008). Reinforcement of populations at declining colonies is preferable to full reintroduction projects and this is particularly pertinent for vultures, as Allee effects are likely to limit the effectiveness of re-establishment efforts and the persistence of small colonies (Le Gouar et al., Reference Le Gouar, Robert, Choisy, Henriquet, Lecuyer, Tessier and Sarrazin2008; Armstrong & Wittmer, Reference Armstrong and Wittmer2011).
Rehabilitation is an often practiced but poorly monitored intervention for raptors (Monadjem et al., Reference Monadjem, Wolter, Neser and Kane2014), which may enhance population growth during early stages of species recovery (Steven et al., Reference Steven, Sweeney, Redig and Tordoff1997). For example, release of rehabilitated Cape vultures can buffer the effects of colony declines, as long as the proportion of rehabilitated birds in the population does not exceed 50% (Monadjem et al., Reference Monadjem, Wolter, Neser and Kane2014). Captive-bred Gyps vultures have been successfully reintroduced in Europe (Sarrazin et al., Reference Sarrazin, Bagnolini, Pinna, Danchin and Bullet1994).
Here we examine, for the first time, the movement ecology of captive-bred and rehabilitated Cape vultures, and compare this with available data for wild birds (Bamford et al., Reference Bamford, Diekmann, Monadjem and Mendelsohn2007; Phipps et al., Reference Phipps, Wolter, Michael, MacTavish and Yarnell2013; Pfeiffer et al., Reference Pfeiffer, Venter and Downs2015; Kane et al., Reference Kane, Wolter, Neser, Kotze, Naidoo and Monadjem2016). Comparisons between captive-bred and rehabilitated groups are apt, as both groups could develop behavioural aberrations during their time in anthropogenic care that cause them to differ from their wild counterparts. Juvenile dispersal presents a challenge for translocations as dispersing vultures may leave colonies targeted for reinforcement. We aim to provide insight into the preliminary stages of the post-release spatial ecology of translocated Cape vultures, and to identify any similarities and differences in home range size, patterns of habitat selection and protected area usage between captive-bred and rehabilitated individuals. We predict that there are no differences between the two groups, as they are expected to exhibit the same innate patterns of spatial ecology.
Juvenile Cape vultures are known to disperse far from their natal colony and forage in home ranges an order of magnitude greater than those of adults, which demonstrate colony fidelity (Bamford et al., Reference Bamford, Diekmann, Monadjem and Mendelsohn2007). All individuals in this study were released in the core of their distribution along the Magaliesberg Mountain range at Nooitgedacht colony in Gauteng and North West Provinces, South Africa (Fig. 1). This ridgeline, at 1,852 m altitude, is protected under UNESCO's World Biosphere Reserve Programme and straddles the boundary between the Bushveld vegetation to the north and Highveld grasslands to the south. This region holds two breeding cliffs (Nooitgedacht and Skeerpoort) and previously held the now extinct colony at Robert's Farm (Wolter et al., Reference Wolter, Whittington-Jones and West2007).
Fig. 1 The locations of Cape vulture Gyps coprotheres GPS fixes, their release site, protected areas, and the IUCN Red List range of the species (BirdLife, 2017).
We analysed the movements of 20 captive-bred and 13 rehabilitated Cape vultures, of all age classes. Rehabilitated vultures were wild birds that had sustained treatable ailments, such as fractures or emaciation, and originated from across northern South Africa (Naidoo et al., Reference Naidoo, Wolter, Espie and Kotze2011). Age classes were fledgling (0–8 months), juvenile (9 months–3 years), immature (4–5 years), subadult (6–7 years) and adult (> 7 years) (Piper et al., Reference Piper, Mundy and Vernon1989). Vultures were fitted with GPS-Global System for Mobile Communications trackers, attached with a Teflon backpack-style harness within plastic tubing, to reduce potential friction (Wolter et al., Reference Wolter, Neser and Hirschauer2018). Before release, birds were subject to a variable period of acclimation (< 6 months) within a predator-proof enclosure at the release site. We collated tracking data that were logged during 2015–2018 from devices transmitting at a minimum rate of once every 6 hours and a maximum of every 2 minutes. Birds were tracked for a mean duration of 518 ± SE 59 days. We standardized data by selecting three random points to retain per tracking day, to account for varying transmission rates and minimize spatial autocorrelation.
Home range analysis
We initially calculated the asymptote of home range size to determine whether home ranges of birds were still expanding at the time of this study (Steiniger & Hunter, Reference Steiniger and Hunter2012). Five individuals (two captive-bred and three rehabilitated birds) did not produce asymptotic outputs from this analysis and were excluded from the study. A two-tailed Mann–Whitney test was used to compare the number of GPS points for captive-bred and rehabilitated vultures before they achieved home range stabilization. We carried out home range estimation using R 3.4.2 (R Core Team, 2017) and the R package adehabitat (Calenge, Reference Calenge2006). We used kernel density estimation to calculate the 95 and 50% contours for overall and core home ranges, respectively. For smoothing of contours, we selected the default reference bandwidth as this is robust against potential outliers in large data sets (Hemson et al., Reference Hemson, Johnson, South, Kenward, Ripley and Macdonald2005). We used generalized linear models (GLMs) to examine whether overall and core home range are a function of vulture group (rehabilitated or captive-bred), age, injury, sex and time spent in rehabilitation. We log10 transformed home range size to remove a pronounced skew. To identify any differences in the propensity of study birds to disperse long distances we compared correlates of dispersal distance. We examined mean Euclidean dispersal distance between individuals by comparing the distance from the release site to the centroid of each bird's home range with a two-tailed Mann–Whitney test.
Habitat selection
Habitat selection can be classified into three levels: first order selection identifies a geographical range for a species, second order selection ascertains its home range formation, and third order selection describes an individual's use of habitat within the home range (Johnson et al., Reference Johnson1980). We analysed second order habitat selection type by comparing relative numbers of individual vulture GPS fixes in each habitat with the proportion of that habitat in the study area (Manly et al., Reference Manly, McDonald, Thomas, McDonald and Erickson2002). Locations were overlaid onto a 20 m resolution land cover raster file that included the following biome categories: aquatic vegetation/flooded land, bare ground, cropland, grassland, vegetation dominated by lichen and mosses, open water, shrubland, trees and urban (ESA CCI, 2017). Values pertaining to the nine categories were extracted from each location and compared to a layer of randomly generated points. Only cropland, grassland, shrubland and trees were analysed with a generalized linear mixed model (GLMM), as the other five habitats had considerably lower levels of visitation by all vultures (Fig. 2). We used the GLMM to examine whether habitat selection is a function of vulture group, sex, injury, age, time spent in rehabilitation (set as fixed variables), and each bird's unique identifier (as a random variable), fitted to a Poisson distribution, with the lme4 package in R (Bates et al., Reference Bates, Mächler, Bolker and Walker2015). We projected GPS location data into Universal Transverse Mercator Zone 35 S using QGIS 2.18.13 (QGIS Development Team, 2009). We then overlaid all vulture GPS fixes on protected areas across southern Africa (IUCN & UNEP-WCMC, 2016). We used the intersection tool in QGIS to calculate protected areas available to the vultures as the intersection between a 95% local convex hull polygon for each bird and the protected area shapefile. For each bird, we generated an equivalent number of GPS fixes to those recorded and randomly distributed them across its range (95% local convex hull polygon). We then compared the per cent of actual GPS fixes falling within protected areas (observed visitation) with the percentage of randomly generated fixes within protected areas for each individual (expected visitation). We used the χ 2 test to determine whether there was any significant deviation between observed and expected points. Subsequently, we compared levels of protected area visitation between captive-bred and rehabilitated vulture groups, with a t test.
Fig. 2 Box plots of the per cent of GPS fixes in each habitat for individual (a) captive-bred and (b) rehabilitated Cape vultures observed (O) and expected (E) habitat use for the four most used habitats (crop, grass, shrub and tree). Expected habitat use was calculated from the same number of locations randomly generated, to simulate non-selective foraging.
We analysed 253,671 GPS fixes, revealing that vultures navigated across eight southern African countries and established home ranges that spanned six orders of magnitude from < 1 km2 to 2,022,465 km2 (mean 162,824 ± SE 65,096 km2). One rehabilitated bird traversed seven countries and thereby substantially increased the known distance travelled by an individual Cape vulture. Mean home range size differed between captive-bred (mean 61,629 ± SE 24,942 km2) and rehabilitated birds (mean 318,510 ± SE 154,390 km2; Table 1). However, the GLM showed that the estimates of kernel density utilization for the overall (95%) and core (50%) home ranges were not significantly different between groups. The estimated home range size of rehabilitated and captive-bred birds were similar to that of wild Cape vultures, although estimates for captive-bred birds were closer to the smaller home range estimates for wild adult birds (Table 2). Core home range was closer to the release site for captive-bred than for rehabilitated vultures. The Mann–Whitney test showed greater linear dispersal of rehabilitated birds from their release site (mean 227.08 ± SE 53.60 km) than by captive-bred birds (mean 82.80 ± SE 24.82 km; Z = –2.744, P = 0.006.) Additionally, there were no significant effects of age, sex, or time spent in rehabilitation on home range size.
Table 1 Details of the 20 captive-bred and 13 rehabilitated Cape vultures Gyps coprotheres, with sex and type of injury, overall and core home ranges (95 and 50% kernel density estimates, respectively) and the total number of fixes and standardized fixes (after taking only three points per bird, per day).
1F, female; M, male.
Table 2 Home range size of immature and adult Cape vultures estimated in four previous studies.
Our analysis showed that captive-bred and rehabilitated Cape vultures selected the same habitat types across the landscape and the GLMM confirmed there were no statistical differences between the groups. Both groups showed positive selection, when compared with random points, for cropland and shrubland, but visited grassland and trees less than expected (Fig. 2). Additionally, the GLMM did not show any significant effects of sex, injury, age or time spent in rehabilitation on habitat selection. The χ 2 test showed that observed visitation of protected areas was significantly higher than expected for all birds (χ 2 = 1,140.2, df = 34, P = < 0.01). Captive-bred vultures had a higher per cent of GPS fixes within protected areas (mean 75.88 ± SE 6.51%) than rehabilitated vultures (mean 50.63 ± SE 9.98%; t 24 = 2.12, P = 0.04).
Our analysis of GPS tracking data for Cape vultures released from a captive breeding and rehabilitation centre supported our prediction that the two groups had similar home range sizes and habitat selection. However, comparison with entirely wild birds is required, to examine whether captive-bred and rehabilitated birds can integrate fully with the wild population. The main difference between captive-bred and rehabilitated vultures was the reduced level of dispersal from the release site by captive-bred vultures, possibly the result of supplementary feeding near the release site. In the wild, vultures have not been shown to alter their foraging behaviour as a result of the presence of these so-called vulture restaurants but there may be an effect on captive-bred birds that have experienced food provisioning throughout their lives (Kane et al., Reference Kane, Wolter, Neser, Kotze, Naidoo and Monadjem2016). Predictability of food availability is an important factor in shaping the home ranges of other vulture species and could play a role in the behaviour of released Cape vultures (López-López et al., Reference López-López, García-Ripollés and Urios2014). Food and water provisioning in protected areas, as well as the continual mitigation of threats across the species distribution, are likely to provide significant benefits to both rehabilitated and captive-bred birds. Because captive-bred birds have home ranges closer to the release site, their scavenging ecosystem service will probably be reduced in other parts of their range. An important question arising from our study is whether captive-bred birds are likely to settle at distant colonies: this would have implications for gene flow and heterozygosity. As our study indicates that captive-bred Cape vultures may be less likely to disperse from their release site, it is important to continue analyses of these birds as they age and, ideally, to refit them with new GPS devices when the current ones stop transmitting, to obtain additional longitudinal data.
The size of Cape vulture home ranges in this study was more variable than reported in studies of wild birds (Phipps et al., Reference Phipps, Wolter, Michael, MacTavish and Yarnell2013; Pfeiffer et al., Reference Pfeiffer, Venter and Downs2015; Kane et al., Reference Kane, Wolter, Neser, Kotze, Naidoo and Monadjem2016). There were a few unusually small home ranges, which resulted from some birds feeding regularly at the vulture restaurant, remaining near the release site and roosting on the enclosures of the captive-breeding colony. An additional question arising from our study is whether these captive-bred birds have the behavioural flexibility to learn from conspecifics, and hence extend their home ranges over time. We did not detect a difference between adult and juvenile home ranges, something other studies have identified (Bamford et al., Reference Bamford, Diekmann, Monadjem and Mendelsohn2007; Phipps et al., Reference Phipps, Wolter, Michael, MacTavish and Yarnell2013; Krüger et al., Reference Krüger, Reid and Amar2014). However, the relatively small sample sizes, especially within the rehabilitated group, may have precluded determination of a clear effect of age.
Rehabilitated birds may have individual differences in personality that originally caused them to sustain injuries and likewise influenced their spatial ecology. Individual variability in spatial ecology has been identified in raptors, and although we controlled for individuality within the GLMM, the rehabilitated study group may have comprised birds prone to injury as a result of their personalities (Campioni et al., Reference Campioni, del Mar Delgado, Lourenço, Bastianelli, Fernández and Penteriani2013). Our habitat selection analyses suggest that foraging is an innate capability retained by captive-bred birds, as they demonstrated movement through the same suitable habitat types as rehabilitated birds. In light of significant declines in natural food sources, the ability to forage in the most appropriate environments may increase the chances of survival for translocated birds (Botha et al., Reference Botha, Andevski, Bowden, Gudka, Tavares, Safford and Williams2017).
The expectation that there would be equal usage of protected areas between the two groups of vultures was not met, with captive-bred birds visiting protected areas more than rehabilitated birds. However, both groups visited protected areas significantly more than predicted based on random movement (Phipps et al., Reference Phipps, Wolter, Michael, MacTavish and Yarnell2013). The apparent preference for protected areas may be explained by our release site being situated within a protected area and the presence of consistent supplementary feeding. Additionally, by releasing captive-bred birds within protected areas, it is likely they will form home ranges closer to these locations and receive the protection conferred by these sites.
The inherent nomadism of vultures and the ranging capabilities highlighted in this study provide support for the ongoing prioritization of vulture conservation across southern Africa. That captive-bred vultures maintain innate capabilities to range in a way that is largely indistinguishable from that of formerly wild rehabilitated birds supports continued captive breeding. Future long-term studies should seek to analyse survivorship and identify the breeding behaviour of captive-bred birds once they reach sexual maturity.
We acknowledge the following VulPro sponsors who contributed to rehabilitation, breeding, feeding, veterinary care, research and monitoring of the birds in this study, and provided financial support: Bayer SA, Banham Zoo, Birmingham Zoo (Alabama), Blair Drummond Safari Park, Boehringer-Ingelheim, Boikarabelo Coal Mine, Cellular Tracking Technologies, Chicago Board of Trade Endangered Species Fund, Cheyenne Mountain Zoo, Cleveland Metroparks Zoo and Cleveland Zoological Society, Columbus Zoo, Colchester Zoo, Dallas Zoo, DHL Supply Chain, Gauntlet Conservation Trust, GH Braak Trust, Hans Hoheisen Charitable Trust, International Centre for Birds of Prey, Jacksonville Zoo and Gardens, Lomas Wildlife Protection Trust, LUSH Cosmetics, Martin Moore of the Moore Foundation, Max-Planck-Gesellschaft, Monte Casino Bird Gardens, Natural Encounters Inc., Prince Bernhard Nature Fund, Rand Merchant Bank, Riverbanks Zoo and Garden, Rudi Wolter with Copper Sunset Sands Pty. Ltd, Sacramento Zoo, The Hawking Centre UK, The Tusk Trust, SW Living Creatures Trust, ZKTeco and Zoo Atlanta–Reeder Conservation Fund. We thank Ewan Flintham for his support.
Study design and review: all authors; GPS tracking and fieldwork: BJ, KW, LJ; data analysis and writing: BJ; revision: all authors.
Research was approved by Imperial College Research Ethics Committee and permits issued by Gauteng covered the keeping (002619) and transportation (02889) of vultures, and otherwise abided by the Oryx guidelines on ethical standards. Risk of disease transmission is deemed naturally low for vulture species, as they have evolved to withstand otherwise contagious diseases and are often highly resistant. Our population reinforcement project was categorized as a least-risk, least-regret translocation using IUCN/Species Survival Commission terminology. All relevant risk categories outlined by IUCN/Species Survival Commission were evaluated as having low/no risk.
Present address: BirdLife International, The David Attenborough Building, Pembroke Street, Cambridge, CB2 3QZ, UK
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Ben Jobson (a1), Kerri Wolter (a2), Lara Jordan (a2), Ara Monadjem (a3) and J. Marcus Rowcliffe (a4)
DOI: https://doi.org/10.1017/S0030605319000814
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Police investigate Devon teenagers death
A 15 year-old-boy from Salcombe who died at the weekend is believed to have taken an unknown substance.
Police launched an investigation after the boy died in the early hours of Saturday 2nd February.
Emergency services were called to a property at Carr Close following reports of concern for the welfare of a boy, who is believed to have taken an unknown substance. The teenager was pronounced deceased at the scene. His next of kin have been informed and are being supported by specialist officers.
He has since been formally identified as 15-year-old Tyler Peck from Salcombe.
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"I would stress that this is currently being treated as an isolated incident and that we do not believe there to be any increased risk to the wider community.
"I'd like to urge parents and guardians to talk to their children about the risks and potential dangers involved in taking drugs. Safeguarding is a priority and we do not wish to see anyone else in our community go through this ordeal."
A 39-year-old man from Kingsbridge was arrested on suspicion of being concerned in the supply of drugs. He was later released on police bail until Friday 1 March 2019.
Investigating officers are keen to hear from anyone who has information in connection to this incident. Anyone with information is asked to contact police on 101 quoting CR/010319/19. https://goo.gl/KHgpGE
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