text:
Kino Brasil running at Bio Oko
An overview of recent Brazilian films also has a concert and puppet show
The fourth edition of Kino Brasil, a festival of Brazilian film, is under way at Bio Oko and runs until Nov. 5. All of the films have English and Czech subtitles. "We would like to bring a bit of Brazilian sunshine into the generally dark and drizzly November days in the Czech Republic and offer you a selection of quality Brazilian movies together with additional activities. Thus you will be able to taste the country so exotic for the Czech population with different senses," the organizers state.
The festival tries to show the range of Brazilian cinema and create a complete picture of the country.
A highlight is
Other films include Nise: The Heart of Madness, which follows a worker in a psychiatric hospital who tries to change the harsh conditions. The true story set in the 1940s has gotten generally positive reviews, with The New York Times calling it "a mesmerizing drama."
Obra takes viewers to the world of high-rise architecture, where a big construction project stumbles onto a mass burial site that was obviously intended to remain a secret. The dystopian drama shows São Paulo as a cold and alien world, according to Variety.
In the domestic drama Two
The allegorical film Political Animal offers viewers a cow that faces an existential crisis. The cow reflects on its past and present, trying to make sense of life.
Aside from the theater program, there is children's theater with a workshop involving puppetry called Three Stories for Dreaming on Nov. 4 at 3 pm in Bio Oko, though Czech language skills are necessary.
A concert by the Camões House Band takes place at Cafe Jedna in Veletržní palác on Nov. 4 at 10 pm. The six-member band plays Brazilian music plus explores African and Portuguese roots. The music will continue into the early morning with DJ Mikuláš.
For more information visit www.kinobrasil.cz or www.facebook.com/kinobrasil
Video on YouTube
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text:
The Thai government attempts to hack into ZCoin founder's email account
The founder of ZCoin platform, Poramin Insom, has shared that the Google alert system has notified him of an attempt by Thai government to hack his e-mail box.ĀOn Friday, Poramin Insom wrote in aĀFacebookĀpost sharing with his followers that a special Google service had notified him about an attempt of Thai government-backed hackers to get at his e-mail box. He also wrote that this may have been a reaction of the Thai authorities to Insom?s participation in the recent government?s failure to control the actions of local dissidents. Take a look at the Facebook posting in the picture below: Quite similar to China, censorship within Thailand is strong, the dissatisfied are prosecuted almost immediately.ĀLast year, a local rap band dubbed ?Rap Against Dictatorship? made a same-name single that heavily criticized the Thai government: corruptions among its members, censorship, and other aspects of its ruling. The video quickly became viral on YouTube, getting over 30 mln views in less than a month. This entry was obtained by us on January 27, 2019 4:20 AM. You may want to visit cryptomenow.com to find more similar content.
Frazcoin (FRAZ) | CryptoSlate
CryptoSlate does not endorse or rate any ICOs. Please read our ICO Database Disclaimer. FrazCoin is a proof of work cryptocurrency based on the Scrypt algorithm. Warning Please proceed with caution when contributing to this project. Projects that do not display team members with links to social profiles are considered higher risk. Listing Updated: September 14, 2018 Global Mutual Society Based on Blockchain Crypto-currency benefiting those in need 3D decentralized applications platform Blockchain and smart op-codes platform Your email address will NEVER be shared, rented or sold and you can unsubscribe at any time. This entry was first found by us on January 08, 2019 6:30 PM. Browse cryptoslate.com for complete listings from this source.
Zcoin Development Update for 7 January 2019
This is our development update for 7 Jan 2019. Note that developers had taken a break and are just coming back after the Christmas and New Year holidays. Next-gen privacy protocol Lelantus Zerocoin technology ensures that Zcoin's transactions are kept completely private Join us on discord to stay updated on our project. Ask us any questions and learn about our bug bounty program. Have any questions? Want to get involved with the Zcoin Project? We'd love to hear from you. Leave this field empty if you?re human: ® 2019 Zcoin. All rights reserved. Zcoin - Private financial transactions, enabled by the Zerocoin Protocol This item was retrieved by us on January 07, 2019 11:22 PM. Visit zcoin.io for more from this source.
OzCoin Hacked, Stolen Funds Seized and Returned by StrongCoin | Bitcoin Magazine Group 3 social-facebook social-twitter
Ready to start building Dapps? Dive deep into blockchain development. Subscribe Now OzCoin, one of the larger Bitcoin mining pools, has reported that an unknown attacker managed to hack into their server, defacing their website and database and stealing 923 BTC ($135,000) from their Bitcoin wallet. However, in less than a day over half of the money was seized as it was passing through the web wallet StrongCoin, and promptly returned to Ozcoin. 354.06 BTC are still missing, and will likely never be found, but this nevertheless leaves OzCoin with a much softer blow than what anyone expected. Although most people agree with StrongCoin?s actions, this is nevertheless a very worrying sign for the security and privacy of StrongCoin, and other web wallets by extension. StrongCoin is what is often called a hybrid web wallet, accessible as a website on the internet but doing all of the transaction signing and address management in Javascript on the client side. Essentially, the client is downloading a fresh version of the wallet software from StrongCoin each time, and from that point, in theory, the software becomes just as secure as any other client-side program. The user?s wallet data, including the private keys needed to sign transactions, is backed up on StrongCoin?s servers, but it is encrypted and decrypted client-side using the user?s password so, once again in theory, there should be no way for StrongCoin themselves to get hold of the user?s private keys. StrongCoin heavily advertises this feature; on the website?s front page, they write: ?Therefore our servers only hold encrypted private keys and neither we nor anyone else can spend your Bitcoins. Only you.? Except they just did. This post was found by us on December 27, 2018 7:12 PM. Check out bitcoinmagazine.com for additional posts.
Zcoin Implements New Mining Algorithm to Negate ASIC Miner Dominance | CryptoGlobe
The team behind the anonymity-focused cryptocurrency Zcoin (XZC) recently implemented a new mining algorithm that it hopes will help make it feasible for average consumers to mine crypto. The new algorithm, called a Merkle Tree Proof, is specifically designed to negate the advantages of ASIC devices, a special type of computer chip that has helped large corporations dominate the market. MTP has been in development for at least two years, and just a few months ago the team announced that the algorithm would be launched on December 10. The team fell a few days ahead of their road map and were able to update the protocol this week. This data was discovered by us on December 27, 2018 5:57 PM. You may want to visit www.cryptoglobe.com to find more similar content.
BeatzCoin ICO review, all information about token sale BeatzCoin (TRX) | ICORating
BeatzCoin is a blockchain-based platform to interact with digital media. BeatzCoin will be adopted by a VibraVid platform. Creators can use the platform to upload, store, market, lease and sell their content. They can also crowdfund and sell merchandise or event tickets directly to their subscribers and fans. BeatzCoin and VibraVid are supposed to establish an ecosystem, where users could carry out P2P transactions and exchange goods and services through bounties and as prizes. BeatzCoin will be issued on the basis of Tron Network. BeatzCoin can be earned for performing certain actions: signing up, locking tokens, participating in bounties, watching ads, etc. Content creators will earn BeatzCoin when users watch and share their content. This item was retrieved by us on December 26, 2018 6:42 PM. You may want to visit icorating.com for more from this source.
BUZcoin ICO review, all information about token sale BUZcoin (BUZ) | ICORating
Social Media & Communication Commerce & Retail BUZSOIN is a crypto-currency, the settlement unit of the BUZAR blockchain platform. The BUZAR team aims to create a Communication P2P-Platform and aĀPlatform ofĀmarketplace. A P2P Platform will be created for communication between the BUZAR participants, and it will have: Platform of marketplace is a supermarket of goods and services in the domain of e-commerce. BUZAR platform will implement: 41% -ĀResearch, Engineering & Design Click vote if you want this project to be Post-ICO Rated. Subscribe to news, rating updates and other new features. This posting was first found by us on December 26, 2018 6:28 PM. Browse icorating.com for complete listings from this source.
Kitty Lin - Advisor in Yezcoin
Subscribe to news, rating updates and other new features. This data was first seen by us on December 26, 2018 5:32 PM. Check out icorating.com for additional posts.
XRP added as a base pair on Binance, Tron (TRX) and ZCoin (XZC) To be the First Two Pairs
Changpeng Zhao (CZ), CEO of Binance, has just confirmed the long-awaited rumor, of Binance adding XRP as a base pair. He announced the news on Twitter on 23rd December. XRP markets have reacted positively with XRP rising by 15%. Binance will begin with adding two currencies as XRP base pair. And as time progresses more and more will be added. A base pair increases the value of a cryptocurrency as more cryptocurrencies are tied to it. CZ has announced that projects that took part in the fundraiser will be given a priority. We will be adding a couple trading pairs with XRP as the quote currency shortly. This article was retrieved by us on December 24, 2018 12:20 PM. Check out blockmanity.com for more similar content.
Buzcoin (BUZ) ICO information and rating | TrackICO
Glyff (GLY) 1Āday, 23Āhours ago Glyff is a decentralized platform combining the blockchai... Grabity (GBT) 2Ādays, 9Āhours ago "Grabity provides an innovative Blockchain platform for g... KIZUNA GLOBAL TOKEN (KGT) 2Ādays, 9Āhours ago "KIZUNA GLOBAL TOKEN will be released on the basis of Pol... AURIcoin is a cryptocurrency that starts the new world ec... Meritocratic Lab. (MRT) 2Ādays, 9Āhours ago Meritocratic Lab. born from the desire to spread a new co... Buzar is a new online platform where any Internet user can find the most important thing he is looking for in the network: a boyfriend or a girlfriend, arrange a private life, make new acquaintances, find old friends, business partners and associates, get away from loneliness, which is so much in the modern world. This article was first found by us on December 24, 2018 12:12 PM. Browse www.trackico.io to find more similar content.
BeatzCoin (BTZC) - ICO Rating and Overview | ICOmarks
This information was first seen by us on December 24, 2018 7:04 AM. You may want to visit icomarks.com to find more similar content.
Buzcoin (BUZ) - ICO Rating and Overview | ICOmarks
This article was found by us on December 24, 2018 6:52 AM. Have a look at icomarks.com for more.
ARESZCOIN (ARC) Details - ARESZCOIN ICO (Token Sale) - Coinschedule
Areszcoin is a digital money that is not under the regulation of the governments or issued by the central banks. We believe in the power of cryptocurrency that is being used increasingly all over the world. Based in Oxford, UK, Coinschedule is one of the first and most established ICO listing and cryptocurrency portals in the world. Launched in 2016, our mission is to make it easy and safe for people around the world to join ICOs. Our unique Trust Score system, utilises Artificial Intelligence and allows ICOs to show how trustworthy they are to potential investors. It encourages ICO projects to provide transparent information about their team, their project and legal structure. This entry was retrieved by us on December 23, 2018 11:47 PM. Browse www.coinschedule.com for more similar content.
Zcoin Releases Academic Paper on Lelantus Protocol to Tackle Privacy Blockchain Issues
Some of the challenges faced by privacy blockchains include scalability and useability. Yet, one privacy coin believes it has the answer to solving these with its new protocol. Zcoin, which in November had a Thai song added to its blockchain to fight censorship and government corruption, has released an academic paper for itsĀLelantusĀprotocol. It is due to be deployed in 2019. Created by Zcoin, which is focused on delivering privacy and anonymity for its users, the aim of the protocol is to fix the issues that privacy blockchains face. In an announcement,ĀReuben Yap, COO of Zcoin, said: ?Current privacy protocols need to be improved. Most require tradeoffs on either scalability, anonymity, ease of use or they are underprinned by experimental cryptography. We created Lelantus to tackle these issues and offer a well-rounded solution to users.? This information was retrieved by us on December 23, 2018 11:46 PM. You may want to visit coinjournal.net for more.
Zcoin Merkle Tree Proof Mining Algorithm to Fight Against the Specialized ASIC Crypto Machines
Zcoin, a crypto focussed on anonymity, might not be a top coin, not even in the top 100 in fact, with a modest market capitalization of just over $28 million, as per coinmarketcap.com. But the young currency is making all the right sounds. It has taken a very public stance against big companies that make profits from crypto mining. It is looking to introduce a mining algorithm, the Merkle Tree Proof, that they claim will be able to counteract the benefits of making use of any specialized machines, Thus leveling the playing field against those who use ASIC devices and the big companies run them. This publication was obtained by us on December 23, 2018 11:21 PM. Visit bitcoinexchangeguide.com for more from this source.
Binance Info Adds New Cryptocurrencies (Zcoin, Nano, Verge) to its Gold Label Projects
The largest virtual currency exchange in the market has launched the Binance Info Gold Label Project that aims to protect the blockchain community. This project was also designed in order to promote transparency and reliability in the virtual currency world. Now, the initiative unveiled the first 30 projects that will be listed as ?Gold Label? after announcing that TRON (TRX) was the second project selected. The official blog post released by Binance reads as follows: ?The Binance Info Gold Label Project aims to protect the blockchain community by encouraging projects themselves to update and maintain project-related information, alleviating the risk from information asymmetry. Gold label badges will be given to projects that keep blockchain enthusiasts informed and updated.? This information was retrieved by us on December 23, 2018 11:08 PM. Check out bitcoinexchangeguide.com for more similar content.
Its Official, Tron (TRX) and ZCoin (XZC) are Now Supported on the Ledger Nano S - Ethereum World News
The Ledger Nano S hardware device is one of the most popular cold storage devices out there for keeping your digital assets safe. It is the preferred device for many HODLers who prefer to keep their digital assets out of online wallets and cryptocurrency exchanges. The latter have been shown to be prone to hacks that have resulted in the loss of digital assets on the various platforms. A list of crypto-exchanges that have been hacked include Coincheck, Coinrail, Bithumb and most recently Bancor. It is with this background that the creators of the device, have officially announced that it now supports Tron (TRX) and ZCoin (XZC). In the tweet by the team at Ledger, they announced the following with regards to the two coins: This information was obtained by us on December 23, 2018 4:17 PM. You may want to visit ethereumworldnews.com for complete listings from this source.
Zcoin (XZC) moves ahead with ASIC-resistant Merkle tree proofs
Zcoin is implementing a newĀminingĀalgorithmĀwith the aim of moving miningĀhash power away from large-scaleĀASICĀoperators on their Zerocoin protocol. The project will switch to a Merkle treeĀproof of work (MTP) system, withĀthe aim to move miningĀback into the hands of smaller crypto enthusiasts. 5 more days to Zcoin's $XZC hard fork date (10 Dec 2018 1200 GMT)! Make sure you're updated to our latest release 13.7.4 just released today with performance improvements and bug fixes. For any questions you might have on the hard fork, read our guide! https://t.co/ZDM1gboFnI ? Zcoin (@zcoinofficial) December 5, 2018 This information was first found by us on December 07, 2018 2:49 PM. Check out coinrivet.com to find more similar content.
BeatzCoin Begins Tron Super Rep Campaign
Changing the landscape of the music industry is a huge undertaking, but it is one that can bring mass adoption into the crypto space and help with Justin Sun?s mission of decentralizing the internet. By voting for BeatzCoin as an SR, you will be helping us with that mission. The following is a detailed road map of our SR campaign and how your votes will not only earn you extra TRX and BeatzCoin but also assist in the future success of Vibravid & BeatzCoin which in turn will bring the needed shift with Artist and content creators. Phase 1 ? Becoming an SR and celebrating the accomplishment. ? Until January 31st we will be giving 100% TRX rewards and 100% BTZC rewards to our voters.ĀThis means for every TRX you earn you will get 5 BTZC.ĀOnce we reach the top 27, those rewards become significantly higher. This entry was first found by us on December 06, 2018 11:49 PM. You may want to visit www.tronweekly.com for additional posts.
Great for GPU miners: "Zcoin Implements ASIC Resistant Merkle Tree Proof (MTP) Crypto Mining"
Zcoin is implementing a new mining algorithm that hampers FPGA, ASIC, and botnet mining. Merkle Tree proof of work (MTP) has the potential to move cryptocurrency mining away from huge farms and back into the hands of crypto enthusiasts, once again decentralizing mining. Merkle Tree proof of work mining is a solution implemented to remedy the issues faced by small-time miners. Most mining algorithms are susceptible to FPGAs and ASICs, mining hardware which is far more efficient than readily available computer hardware. Usually, this hardware is only available to huge corporations whose engineer can design better hardware. On Dec. 10th Zcoin will implement this new algorithm. This entry was retrieved by us on December 06, 2018 11:14 AM. Browse cryptoslate.com to find more similar content.
ZCoin Hat
FREE Shipping For Orders In US & Canada! Crypto Collection is dedicated to providing high quality fashion products to men and women. Displaying selections with unique modern designs inspired cryptocurrency and blockchain technology. Copyright ® 2018 All Rights Reserved ? Crypto Collection This item was retrieved by us on December 01, 2018 4:11 PM. Check out thecryptocollection.co for more.
How Tron can decentralize the web - BeatzCoin podcast
We are unable to find iTunes on your computer. To download and subscribe to The Official BeatzCoin Podcast by Beatzcoin, get iTunes now. Already have iTunes? Click I Have iTunes to open it now. To listen to an audio podcast, mouse over the title and click Play. Open iTunes to download and subscribe to podcasts. Great podcast! Love it! Can?t wait for beatzcoin to revolutionize the music industry! You two are hilarious and the clarity is great. Love hearing music from new artists! Great to listen to. And don?t forget to grab yourself some Beatzcoins Discover and share new music, movies, TV, books, and more. This piece was obtained by us on November 25, 2018 9:55 PM. Browse itunes.apple.com for more similar content.
Basics of Zcoin mining and Exchanges Supporting XZC
Zcoin (XZC) is an innovative privacy-themed coin that uses the Zerocoin protocol to guarantee anonymity to users.This coin originally came about as an attempt to improve on Bitcoin but later became a fully-fledged coin. Zcoin initially launched as an extension of Bitcoin. However, the low rates of community adoption made it an unrealistic proposition. Before I highlight how you mine Zcoin, let?s first go through an overview of how it works. In a nutshell, Zcoin is the anonymous, scalable alternative to Bitcoin. The Zerocoin protocol eliminates aspects of Bitcoin that guarantee only pseudonymous because the transactions? details are apparent to everyone.Ā Each Bitcoin community member can view the transactions on the publicly available ledger. By utilizing the Zerocoin protocol, Zcoin effectively makes it impossible for someone to track your transactions on the blockchain. This data was discovered by us on November 17, 2018 4:29 AM. Have a look at ecoin4dummies.com for more similar content.
Zcoin finally getting the press it deserves, the Thai election was just the beginning!
by Brian Curran | Nov 15, 2018 at 12:59 Zcoin ? the privacy-oriented cryptocurrency based on the Zerocoin Protocol ? revealed their successful completion of a large-scale primary election for Thailand?s Democrat Party Leader yesterday. The news follows weeks of speculation amid a surge in transactions on Zcoin?s blockchain with only a small hint issued by the team as to what was going on. The news is an impressive feat for Zcoin and a major milestone for blockchain-based voting in general, considering the range of criticisms that blockchain voting has received and its application on only a small scale so far. This publication was first seen by us on November 15, 2018 4:01 PM. Visit driveinsider.com to find more similar content.
Zcoin Bali Meetup
We will be providing lunch and drinks. Just bring yourself and your fellow Zcoin community members/friends. Itinerary: 11:00am - Arrival/ Registration 11:30am - Presentation by Reuben Yap, COO of Zcoin 12:00pm - Networking and Lunch 12:30pm - Airdrops and Swag giveaways 1:30pm - End of meetup and see you again! Reuben Yap, COO of Zcoin and Sandra Yap, Director of Partnerships will be there to greet you! We look forward to seeing you and joining us for a fun Sunday afternoon fun! This share was first seen by us on November 15, 2018 2:40 PM. See www.meetup.com for more from this source.
Zcoin To Host Live E-voting On Blockchain For The First Time
Latest news About Crypto Currency Thai Democratic Party would be the first player in the voting system to employ blockchain technology for a live e-voting. According to resources, Zcoin Blockchain will put in place to run e-voting system on November 1 to 9. Members during elections can vote in two methods ? Raspberry Pi-based voting system which is a nationwide voting system and later using blockchain application. Consequently, the decentralized app is dubbed D-Elect enable voters to submit their Photo ID as a proof. Besides, members need to submit identification documents and voting tallies. Poramin Insom, Zcoin developer said in a statement This post was first seen by us on November 15, 2018 2:34 PM. See cryptonews24x7.net for additional posts.
Thai Democratic Party elections - 127,479 people across Thailand Voted Using Zcoin Blockchain
The privacy oriented Zcoin Blockchain was used in the recent elections held by the Thai Democratic Party to choose their new leader. As indicated by the Zcoin release, a total number of 127,479 participants from all over Thailand voted using their blockchain, making this event the largest scale application of blockchain technology in elections. This is why between 1st and 9th November the Zcoin network had a large number of transactions added on each block. It was because they were running elections on their blockchain. The electronic voting was conducted using two techniques: through voting stations across the country using a Raspberry Pi based framework or via a mobile application called D-Elect that requested voters to submit their ID. This publication was retrieved by us on November 14, 2018 3:40 PM. Browse 7bitcoins.com for more similar content.
World s first large scale blockchain based political election held on Zcoin s blockchain
Over the period of 1st to the 9th of November, some of you have noticed that we had a huge surge in transactions, with hundreds to thousands of transactions being posted each block on Zcoin?s blockchain. We are now finally able to reveal what these transactions were. In fact this was hinted back in October with Mr. Korn Chatikavanij, former Minister of Finance revealing that political parties in Thailand have started using blockchain technology to select party leaders. This article was discovered by us on November 14, 2018 12:23 PM. Check out medium.com for more similar content.
World's first large scale blockchain based political election held on Zcoin's blockchain
Over the period of 1st to the 9th of November, some of you have noticed that we had a massive surge in transactions, with hundreds to thousands of transactions being posted each block on Zcoin?s blockchain. We are now finally able to reveal what these transactions were. In fact, a hint on this was givenĀback in October with Mr. Korn Chatikavanij, former Minister of Finance revealing that political parties in Thailand have started using blockchain technology to select party leaders. The Thai Democrat Party, Thailand?s oldest political party, recently held a primary election to elect its new party leader. In the past, the party leader was selected by the party?s MPs and the party chairman. With the primary election, all Democrat party members were eligible to vote, and it represents the first time a Thai political party has selected its head with input from the grassroots. This post was discovered by us on November 13, 2018 7:03 PM. Have a look at zcoin.io for more similar content.
All ZCoin related events located right on the chart! Might be wort to analyze the correlations and get some insights.
Our unique event-based ZCoin prediction overview is forecasting that XZC dollar cost is going to move up and will be +20.2% reaching towards $6.79 by 01-10-2019. There's 1 upcoming occurrence that was counted while producing this ZCoin forecast. The tool has scanned 6112 global occurrences that occurred in the cryptocurrency community in the past to define the correlation in value change related with each event groups. As estimated by the event-based valuation your 1000$ worth XZC capital may be $1202 by 01-10-2019. This forecast was built on the 11 past ZCoin events. The latest price of XZC is $5.65. At this point the ZCoin price prediction algorithm is calculating that within 24 hours XZC price will be -56.1% moving towards $2.48, in 7 days -45.7% on the move to $3.07, in one month +4.4% approaching $5.9 and in 3 months -100% approaching $0. The Long-term forecast is displaying that ZCoin will be going down in price. This share was discovered by us on November 12, 2018 6:25 PM. Visit coinpredictor.io for more from this source.
Aggregated knowledge base entries about ZCoin (XZC) Titles not entered by Crypto.BI and are Copyright(C) their original authors.
Work & Learn


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McCoy Press Journals
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Danita Thomas Heagy, DC
Danita Thomas Heagy, DC has been in private practice since 1982 and an adjunct professor at Palmer College of Chiropractic Florida since 2006. Dr. Heagy is a graduate of Life University has been recognized by the chiropractic profession for her service to her community and colleagues by awarding her the prestigious Florida Chiropractor or the Year in 1999, the International Chiropractors Association Sports Chiropractor of the Year in 1996 and Life University's Alumna of the Year, also in 1996.
She has been published in peer-reviewed journals for her work and results with children in Chiropractic Pediatrics and in the ICA Review for her work with handicapped athletes. She serves on the post-graduate faculty of Life University and Palmer Chiropractic College Florida and is a former member of the Florida Board of Chiropractic, after being appointed by Gov. Lawton Chiles in 1995
(5 votes)
Anne Canty, PhD
Dr. Canty received a Ph.D. in exercise physiology from Texas A&M University in 1985. She has been teaching in the Health Sciences in higher education for the last 24 years. She is currently a full professor at Palmer College of Chiropractic Florida where she has been a member of the faculty for the last 6 years. She received the honor of L.C.P. (Legion of Chiropractic Philosophers) after completing the 100-hour post-graduate program at Palmer College of Chiropractic in Davenport in 2002. She is adept at integrating chiropractic principles and philosophy throughout her teaching of the basic and applied sciences to our future doctors of chiropractic.
(5 votes)
Charles Blum, D.C., F.I.C.S.
Charles L. Blum, DC, CSCP is in private practice Santa Monica, California and past president of SOTO – USA, now their research chair. He is adjunct research faculty atf Cleveland Chiropractic College - Los Angeles and associate faculty at Southern California University of Health Sciences, teaching cranial biodynamics and cranial technique.
Dr. Blum is a Certified SOT Cranial Practitioner, and on the peer review board of the Journal of Vertebral Subluxation Research and Journal of Chiropractic Medicine. He has lectured nationally and internationally, has written various SOT related texts, compiled SOT and cranial related research, and extensively publishes in multiple peer reviewed indexed journals and at research conferences from 1984 to the present.
(5 votes)
Amy Valente, DC
Dr. Amy Valente earned her Bachelor of Science in Human Biology from Excelsior College and went on to receive her Doctor of Chiropractic degree from Life University in 2006. She is a part of the Georgia Birth Network and has extended training in pediatric adjusting and nutrition. Dr. Valente along with Dr. Erin Arnold own New Life Chiropractic Center in Acworth, Ga. Their mission is to help as many people as possible to live free of sickness, disease and leading them to a lifestyle of love, wellness, and faith in God.
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Climate Change, Water, and Society
Save our Water! 1. Generally, the two primary global water issues are: Quantity and Quality 2. The term for water that is permanently withdrawn from its source Water consumption 3. The continent wit...
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text: OPIOIDS Public Health Advocate Tim Purington, Who Fought For Needle Exchange, Has Died By Karen Brown • 15 hours ago Kevin Gutting / Daily Hampshire Gazette / gazettenet.com Public health leaders in western Massachusetts are mourning the death of advocate Tim Purington, who was best known for his role in protecting drug users from disease. Massachusetts Attorney General Implicates Family Behind Purdue Pharma In Opioid Deaths By editor • Jan 16, 2019 Sign up for the CommonHealth newsletter to receive a weekly digest of WBUR's best health, medicine and science coverage. Child Deaths From Opioids Nearly Tripled In Past Two Decades, According To New Study By Diane Orson • Jan 2, 2019 Listen Listening... / Nearly 9,000 children and teens have died from opioid poisonings since the epidemic began in the late 1990s, according to Yale epidemiologist Dr. Julie Gaither. An earlier Yale study found that about 30 kids a year died in hospitals, but this time her team analyzed data on deaths in all settings. Aerial Weed-Spotting Missions Come To An End, As Police Put Focus On Opioids By Peter Hirschfeld • Dec 12, 2018 Listen Listening... / Vermont State Police have disbanded a decades-old program that used military helicopters to spot illicit cannabis farms from on high. Why You May Be Denied Life Insurance For Carrying Naloxone By Martha Bebinger • Dec 5, 2018 Blood work was supposed to be the last step in Isela's application for life insurance. But when she arrived at the lab, her appointment had been cancelled. "That was my first warning," Isela said. She contacted her insurance agent and was told her application was denied because something on her medication list indicated that Isela uses drugs. Isela, who works in an addiction treatment program at Boston Medical Center (BMC), scanned her med list. It showed a prescription for the opioid-reversal drug naloxone, brand name Narcan. Pages1 2 3 4 5 6 7 8 9 … next › last »


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Nimbula, a provider of cloud infrastructure software and founded by former Amazon executives Chris Pinkham and Willem van Biljon, on Monday announced that it has secured $15 million in its second round of venture capital funding led by Accel Partners. That brings total funding to more than $20 million. Current investor Sequoia Capital, which led Nimbula's first round of venture financing, also participated in this round.
Nimbula emerged from stealth mode in June and in fact has remained somewhat stealthy. The basic premise of the software is to provide private-cloud infrastructure similar to Amazon Web Services EC2 platform--an approach quite similar to the open-source Eucalyptus project.
There have been quite a few start-ups geared toward private cloud to emerge over the last year or two (Eucalyptus, Makara) and several acquisitions (Platespin, 3Tera, 4Base) so there is little question that there is market demand for these types of solutions.
What's interesting to note is how much money private-cloud providers are raising, which makes me wonder if developing private-cloud software is an inherently expensive proposition.
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My Father Moved Through Dooms Of Love
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Twelve art students currently studying in the West Virginia University School of Art & Design were recently awarded scholarships to study in the school's new Global Positioning Studies program.
The GPS Studies program is an interdisciplinary visual art and design initiative that positions students at the crossroads between a local sense of place and a global understanding of that place in the world. Through direct experience, GPS courses encourage students to engage the world as a fertile ground for art making and critical research.
The scholarship funds were raised during a recent art auction held in conjunction with the West Virginia Mountaineer Film Festival, sponsored by the School of Art & Design and held at the Creative Arts Center this spring.
The silent auction included works of art by WVU School of Art and Design students and faculty, as well as artists from the local community.
The winners of the two Distinguished Art Auction Awards of $1,000 each were Sara Botralik and Elizabeth Roth.
The $500 award winners were James Addison, Ashley DeMotto, Ben Gazsi, Christopher Linden, Jennifer Marcus, Amy Metz, Bart Myles, Mindy Sizemore, Rachel Taylorson and Kenji Yamashita.
All of the students are currently enrolled in one of the GPS courses which include: Space: Atacama, a multimedia adventure course in Chile; the Jackson Hole Photography Workshop; Art & Environment classes in Hawaii and coastal Maine; and a Medieval Stained Glass class in France, among others.
"I'm using the award money to fund my trip to Hawaii with the Art & Environment: Hawaii class this summer," said Roth. "While I'm there, I'll be working on a couple of projects. One focuses on water issues, and the other is about the USS West Virginia, one of the battleships that sunk during the bombing of Pearl Harbor. The USS West Virginia project is a collaborative project with the other students in the class."
In addition to GPS-related courses, the School of Art and Design weaves community and environmentally driven components into much of their programming, including core-curriculum courses, school-wide projects and visiting lectures.
For more information on the Global Positioning Studies program, contact Erika Osborne at firstname.lastname@example.com or by phone at 304-293-3021.
CONTACT: Charlene Lattea, College of Creative Arts
304-293-4359, email@example.com
Follow @WVUToday on Twitter.


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No. CV 02-0398555 S
August 24, 2011
The plaintiff, Charles Gianetti, M.D., filed the present action in Small Claims court on September 12, 2002, which was subsequently transferred to the regular Superior Court docket on/about October 25, 2002. The plaintiff filed an amended complaint on April 27, 2007. In his amended complaint, the plaintiff alleges five counts against the defendants, Charles Riether, Lee Drapkin (Mr. Drapkin) and Denise Drapkin (Ms. Drapkin). Specifically, in counts one and four, the plaintiff alleges breach of contract and unjust enrichment, respectively, against Riether. In count two, the plaintiff alleges breach of contract against Mr. Drapkin. In count five, the plaintiff alleges joint spousal liability under General Statutes § 46b-37 against Ms. Drapkin. In count three, the plaintiff further seeks recovery under a quantum meruit theory against all the defendants. Finally, the plaintiff seeks prejudgment interest pursuant to General Statutes § 37-3a. At the conclusion of the trial the parties were ordered to file post-trial briefs.
Section 46b-37 provides in relevant part: "[I]t shall be the joint duty of each spouse to support his or her family, and both shall be liable for: (1) The reasonable and necessary services of a physician or dentist; (2) hospital expenses rendered the husband or wife or minor child while residing in the family of his or her parents."
Post-trial briefs were ordered to be filed on or before August 3, 2011. The plaintiff filed a timely brief. The court received defendants' four page brief on August 12, 2011, some six days late. Consequently, the court did not consider the defendants' brief in arriving at its decision in this case.
After hearing testimony and considering the submitted evidence, the court finds the following facts. On October 2, 1995, the plaintiff, a licensed physician, provided emergency plastic surgery (emergency medical services) to a patient, Mr. Drapkin, for injuries resulting from an automobile accident. The automobile accident occurred while in the course of Mr. Drapkin's employment. The plaintiff and Mr. Drapkin did not enter into a written agreement for the emergency medical services. Sometime after the accident, Mr. Drapkin retained Riether, an attorney, to prosecute his claim for personal injuries arising out of the accident.
Following the emergency medical services, the plaintiff provided follow up medical services to Mr. Drapkin consisting of four office visits: October 10, 1995, October 16, 1995, October 28, 1996, and July 6, 2001. At his first office visit, Mr. Drapkin signed a form prepared by the plaintiff titled "New Patient Information." The form, inter alia, collected basic routine patient information from Mr. Drapkin, including the name of an insurance carrier that would be covering his medical expenses along with the carrier's file number. In addition, the form also included the following authorization and agreement: "I hereby authorize Charles D. Gianetti, M.D., to furnish information to insurance carriers concerning my illness [and] treatments. I understand that I am responsible for the payment of all fees regardless of insurance. In the event that payment of such fees is not made by me, I will be responsible for any reasonable costs of collection, including attorneys fees."(Emphasis added.) Drapkin signed this agreement. (Ex. 3.) (Emphasis added.)
These medical services will be referred to as the "follow up medical services." The documentary evidence demonstrates that the follow up medical services consisted of four office visits totaling $545. (Exs. 4, 6, 10, 14.) The plaintiff was fully reimbursed for these charges. (Ex. 15.)
About fifteen months later, on January 6, 1997, Riether sent a letter of protection assuring the plaintiff of payment for all medical services rendered in connection with the automobile accident from the proceeds of any settlement or final disposition of Mr. Drapkin's claim. (Ex. 5.) About six months later, on June 7, 1997, the plaintiff sent Riether a statement indicating the medical charges incurred for Mr. Drapkin dating from October 2, 1995, through October 28, 1996, the sum of which was $11,845. (Ex. 6.) This statement did not include a demand for immediate payment.
Typically, a letter of protection is a document by an attorney notifying a creditor that payment will be made when the case is settled or judgment is obtained. It is this court's understanding that such letters are a common practice by attorneys representing personal injury plaintiffs in order to assure forbearance in the payment of medical expenses.
On or about January 5, 1999, the plaintiff sent Mr. Drapkin and Ms. Drapkin a bill for $11,845 demanding immediate payment, which included a statement that "[i]nterest will start accruing on this account." (Ex. 7.) The bill also included a rubber stamped advisory: "This is an effort to collect a debt. Any information obtained will be used to do so." Id. The following month, on February 8, 1999, the plaintiff sent a second bill for $11,845, which included a charge of $100 for "[i]nterest." (Ex. 8.)
This amount later increased to $12,020 after charges of $175 were added in connection with follow up medical services provided on July 6, 2001.
By the court's calculation, ten percent interest per annum on $11,845 equals $1,184.50; $1,184.50 divided by twelve equals $98.71 per month; $98.71 per month divided by thirty equals $3.29 per day. The plaintiff, however, claimed $100 in interest for one month, which was $1.30 in excess of that provided for under § 37-3a. When this discrepancy was pointed out to the plaintiff in closing argument, his explanation for the excess charge was that the period was two days more than a thirty-day period. However, his numbers do not jibe, as $3.29 per day multiplied by two equals $6.58, meaning that he technically shortchanged himself by $5.28. The more logical explanation is that he merely miscalculated the interest and overcharged Mr. Drapkin and Mrs. Drapkin.
However, on June 15, 1999, consistent with Riether's letter of protection, the plaintiff sent a letter to Riether requesting the status of Mr. Drapkin's personal injury claim and inquired when the plaintiff could expect payment. (Ex. 9.) The plaintiff also attached a copy of the June 1997 statement of the charges for the medical services provided to Mr. Drapkin. The evidence discloses that this is the first time that the plaintiff advised Riether that interest was accruing on the debt from January 5, 1999. The evidence is devoid of any response to this communication by Riether.
Subsequently, Mr. Drapkin's claim was settled with the workers' compensation carrier. However, the precise date of the settlement is uncertain. On or about September 24, 2001, the Hartford Medical Management Center (the insurance) sent an "Explanation of Reimbursement" to the plaintiff. The insurance company reimbursed the plaintiff for all emergency medical services and follow up medical services with the exception of $75.46. This discrepancy is reflected in the first item on the "Explanation of Reimbursement." The plaintiff charged $425 for the first item, but was only reimbursed by the insurance company for $349.54. (Ex. 4, 15.) Therefore, the $75.46 difference accounts for the plaintiff's present claim on the principal debt. The plaintiff, however, is also seeking damages against all the defendants for $4,532.54 in prejudgment interest pursuant to § 37-3a. Nevertheless, there is an additional discrepancy in the plaintiff's calculation of interest as it appears on the plaintiff's final invoice dated October 1, 2006. This computation discrepancy substantially overcharges the defendant for interest pursuant to § 37-3a for the period indicated and tends to undermine the plaintiff's credibility.
The plaintiff conceded in oral argument, as he must, that he is not entitled to any interest due to an agreement to pay the same. The record is devoid of any evidence of an agreement by the defendants to pay interest on the outstanding debt. The plaintiff claims that the interest is based solely on § 37-3a. The plaintiff is also not entitled to attorneys fees, as he represented himself throughout this matter.
For example, in examining the interest charged since July 18, 2001, on the plaintiffs from October 1, 2006, invoice, the plaintiff charged the defendant $1,598 in statutory interest accruing after July 18, 2001; a period of five years and seventy days. The plaintiff, however, has acknowledged receipt of all, but $75.46, as of July 18, 2001; (Ex. 14.); which according to the evidence was the only amount unpaid as of that date. Therefore, the only amount on which the interest could attach was the $75.46. See Ceci Bros., Inc. v. Five Twenty-One Corp., 81 Conn.App. 419, 428, (2004), cert. denied, 268 Conn. 922 (2004) ("[t]o award § 37-3a interest . . . the claim to which the prejudgment interest attaches must be a claim for a liquidated sum of money wrongfully withheld . . .") (Emphasis Added.). However, by the court's rough calculations, $75.46 multiplied by ten percent equals $7.55 per year divided by 360 equals .02 per day. From this calculation, five years at $7.55 per year would yield $37.75. Seventy days at .02 per day yields $1.40 for a total accrued interest of $39.15. It would therefore appear that the plaintiff overcharged the defendant approximately $1,558.85 in statutory interest.
I Two Separate Obligations
In order to decide the present case, the court will first determine whether Mr. Drapkin owes an obligation to the plaintiff for the emergency medical services rendered on October 2, 1995. Additionally, it is necessary to decide whether this obligation includes the follow up medical services rendered on the four subsequent dates or alternatively, whether the follow up medical services are an entirely separate obligation.
"The existence of a contract is a question of fact to be determined by the trier on the basis of all of the evidence." (Internal quotation marks omitted.) Harley v. Indian Spring Land Co., 123 Conn.App. 800, 813, 3 A.3d 992 (2010). Furthermore,
The rules governing contract formation are well settled. To form a valid and binding contract in Connecticut, there must be a mutual understanding of the terms that are definite and certain between the parties . . . To constitute an offer and acceptance sufficient to create an enforceable contract, each must be found to have been based on an identical understanding by the parties . . . If the minds of the parties have not truly met, no enforceable contract exists . . . [A]n agreement must be definite and certain as to its terms and requirements . . . So long as any essential matters are left open for further consideration, the contract is not complete. (Internal quotation marks omitted.) Duplissie v. Devino, 96 Conn.App. 673, 688, 902 A.2d 30, cert. denied, 280 Conn. 916, 908 A.2d 536 (2006).
"The terms of a contract are reasonably certain if they provide a basis for determining the existence of a breach and for giving an appropriate remedy . . . [T]he degree of certainty required may be affected by the dispute which arises and by the remedy sought." (Citations omitted; internal quotation marks omitted.) Perricone v. Perricone, 292 Conn. 187, 223, 972 A.2d 666 (2009).
"Whether a term is essential turns on the particular circumstances of each case." (Internal quotation marks omitted.) Coady v. Martin, 65 Conn.App. 758, 766, 784 A.2d 897 (2001), cert. denied, 259 Conn. 905, 789 A.2d 993 (2002).
Therefore, a court will not make for parties a contract which they themselves did not make. Electric Wholesalers, Inc. v. M.J.B. Corp., 99 Conn.App. 294, 302, 912 A.2d 1117 (2007).
At the same time, this court recognizes the principles surrounding an implied in law contract.
"[A]n implied in law contract is not a contract, but an obligation which the law creates out of the circumstances present, even though a party did not assume the obligation . . . It is based on equitable principles to operate whenever justice requires compensation to be made." (Internal quotation marks omitted.) Auto Glass Express, Inc. v. Hanover Ins. Co., 293 Conn. 218, 224 n. 7, 975 A.2d 1266 (2009).
Moreover, an implied in law contract is an obligation to pay imposed by law because of some special relationship between the parties. Black's Law Dictionary (9th Ed. 2009). The special relationship in this case was that of Doctor-Patient. When the trier of fact determines that an implied contract for services existed between the parties, the plaintiff is entitled to the reasonable value of services rendered. Stewart v. King, 121 Conn.App. 64, 73, 994 A.2d 308 (2010).
The court finds that the circumstances under which the emergency and follow up medical services were rendered, the time span between the first and second series of treatments, and the location of the treatments administered as well as the nature of Drapkin's obligations support the conclusion that the events in this dispute were the subject of two separate obligations. Specifically, the court finds that the first agreement includes all of the emergency medical services rendered on October 2, 1995, which constitutes an implied in law contract. The medical services underlying the first agreement occurred in an emergency room where Mr. Drapkin underwent extensive and apparently painful plastic surgery requiring topical anesthesia. The plaintiff's evidence does not indicate that there was any discussion of financial arrangements. Furthermore, under these circumstances, it is evident that Mr. Drapkin was in no condition to fully understand that he was agreeing to pay the doctor the actual charges, and therefore, did not enter into an oral or written agreement to do so. Although Mr. Drapkin did not enter into an expressed contract with the plaintiff, the present circumstances warrant a finding that the emergency medical services rendered on October 2, 1995, resulted in an implied in law contract. Mr. Drapkin received considerable medical services, and thus, the court finds that justice requires the law to find an obligation to pay for the reasonable value of those services. Stewart v. King, supra.
Although an implied in law contract is more of an obligation rather than an agreement, for discussion purposes, the two obligations will be referred to individually as "the first agreement" and "the second agreement."
In contrast, the second agreement includes the follow up medical services. This agreement occurred eight days after the emergency medical services were rendered. The second agreement was in the form of a written agreement in which Mr. Drapkin promised to pay the plaintiff's fees for future medical treatment. The promise to pay the fees was irrespective of whether they were covered by any insurance. This was not an extension of the first agreement, as the emergency medical services had already been performed and an obligation to pay had been established. Rather, it was a new, different and more onerous agreement, where Mr. Drapkin explicitly assumed the obligation to pay the plaintiff for any follow up medical services and agreed to pay the reasonable costs of collection of any amount unpaid.
Furthermore, the court notes that because the second agreement was prepared by the plaintiff and presented to Mr. Drapkin before any additional medical services were administered, Mr. Drapkin had little choice in the matter other than to "take it or leave it" if he wanted the plaintiff to continue treating him. Consequently, it was a contract of adhesion. See Rumbin v. Utica Mutual Ins. Co., 254 Conn. 259, 264 n. 6, 757 A.2d 526 (2000) ("[the] most salient feature [of a contract of adhesion] is that they are not subject to the normal bargaining processes of ordinary contracts" [internal quotation marks omitted]). "[Adhesion contracts] tend to involve standard form contract[s] prepared by one party, to be signed by the party in a weaker position, [usually] a consumer, who has little choice about the terms . . ." (Internal quotation marks omitted.) Brown v. Soh, 280 Conn. 494, 504, 909 A.2d 43 (2006). As such, where there is any ambiguity regarding the second agreement's terms, it is to be resolved in favor of Mr. Drapkin, who did not draft the contract and occupied the weaker bargaining position. David M. Somers Associates, P.C. v. Busch, 283 Conn. 396, 405 n. 10, 927 A.2d 832 (2007) (under "the doctrine of contra proferentem . . . ambiguities in a contract are construed against the party who had drafted the contract").
See also Black's Law Dictionary (9th Ed. 2009) ("a standard-form contract prepared by one party, to be signed by another party in a weaker position . . . who adheres to the contract with little choice about the terms").
"The premise behind the rule is simple. The party who actually does the writing of an instrument will presumably be guided by his own interests and goals in the transaction. He may choose shadings of expression, words more specific or more imprecise, according to the dictates of these interests . . . A further, related rationale for the rule is that [s]ince one who speaks or writes, can by exactness of expression more easily prevent mistakes in meaning, than one with whom he is dealing, doubts arising from ambiguity are resolved in favor of the latter . . . Although the contra proferentem rule traditionally has been applied in the context of insurance contracts, we see no reason to distinguish between insurance companies and other drafters with superior knowledge, particularly in the fiduciary context . . ." (Citation omitted; internal quotation marks omitted.) David M. Somers Associates, P.C. v. Busch, supra, 283 Conn. 405 n. 10.
The significance of finding two separate obligations is that it establishes the framework for the various theories of recovery litigated by the plaintiff within this case. The first agreement is consistent with the plaintiff's quantum meruit theory, as alleged in count three of the amended complaint. On the other hand, the second agreement supports the plaintiff's theory of an express contract, as alleged in count one and count two. Based on this premise, the court will now address the issues in connection with the two separate agreements.
II Count Three: Quantum Meruit
In count three, the plaintiff seeks to recover against all the defendants pursuant to the theory of quantum meruit. Quantum meruit literally means "as much as he has deserved." Blacks Law Dictionary 7th Ed., 1999. Quantum meruit is a form of the equitable remedy of restitution by which a plaintiff may recover the benefit conferred on a defendant in situations where no express contract has been entered into by the parties. Stewart v. King, supra, 72-73. Quantum meruit is the remedy available to a party when the trier of fact determines that an implied contract for services existed between the parties, therefore, the plaintiff is entitled to the reasonable value of services rendered. It is the remedy available to a party when the trier of fact determines that an obligation to pay is imposed by the law. The pleadings must allege facts to support the theory that the defendant, by knowingly accepting the services of the plaintiff and representing to him that he would be compensated in the future, impliedly promised to pay for those services. Id., 73.
"[Q]uantum meruit . . . has been utilized when the benefit received was the work, labor, or services of the party seeking restitution." (Internal quotation marks omitted.) Schirmer v. Souza, 126 Conn.App. 759, 766, 12 A.3d 1048 (2011).
In the present case, the plaintiff seeks to recover $75.46 pursuant to the first agreement. Of the $11,475 billed under the first agreement, all but $75.46 was paid to the plaintiff. (Exhibit 15.) This amount is reflected in the evidence submitted at trial. On the first item of the plaintiff's statement dated September 3, 1996, the plaintiff charged $425 for the particular treatment. The insurance company, however, only reimbursed the plaintiff for $349.54 for this treatment. (Exs. 4, 15.) Therefore, $75.46 is the only amount included in the first agreement that remains outstanding.
The record, however, is devoid of any evidence that $425 was the reasonable value of such service, and the plaintiff failed to set forth any evidence in support of his position. The plaintiff failed to offer additional evidence concerning the reasonable value of the services. The plaintiff provided no evidence as to what similar doctors or physicians charge for similar work. The plaintiff provided no evidence concerning his usual and customary charges for similar work. The plaintiff provided no evidence as to the number of hours spent, his hourly rate, or the cost or value of any materials provided. In short, the plaintiff failed to sustain his burden of proving the reasonable value of this particular medical service.
The plaintiff alleges the reasonable value of his charges in his amended complaint. (Am. Compl. Count Three ¶ 14.) In proof of such allegations the plaintiff offered the insurance company's invoice (exhibit 15). That document, however, indicated that the value of the first item in his invoices was worth only $349.54, not the $425 of which he charged. This was in conflict with his own self-serving assessment of the value for the same item.
Additionally, there is evidence from which the court can and does find that the reasonable value of the first item was only $349.54. The court takes judicial notice that health insurance companies typically reimburse physicians for the usual and customary charges for similar medical services by area physicians. The amount reimbursed is prima facie evidence of the reasonableness of such charges. The plaintiff has failed to rebut such evidence. Consequently, the court finds that the plaintiff was fully compensated therefor. Accordingly, the plaintiff is not entitled to the outstanding balance of $75.46. Based on the foregoing, judgment shall enter on count three of the amended complaint in favor of all the defendants with costs taxed to the plaintiff.
"Judicial notice . . . meets the objective of establishing facts to which the offer of evidence would normally be directed . . . The underlying theory is that proof by evidence concerning a proposition may be dispensed with where the court is justified, by general considerations, in declaring the truth of the proposition without requiring evidence from the party . . . This theory goes no further, however, than to mean that the proposition is taken as true without an offer of proof by the party who should ordinarily have offered it . . . The doctrine of judicial notice is not a hard and fast one. It is modified by judicial discretion . . . Courts are not bound to take judicial notice of matters of fact. Whether they will do so or not depends on the nature of the subject, the issue involved and the apparent justice of the case . . . Whether to take judicial notice of a fact is a function of the exercise of judicial discretion." (Citations omitted; internal quotation marks omitted.) State v. Martin, 77 Conn.App. 818, 825-26, 827 A.2d 1 (2003).
III Breach of Contract Against Mr. Drapkin
In count two, the plaintiff alleges breach of contract against Mr. Drapkin. The elements of a breach of contract action are the formation of an agreement, performance by one party, breach of the agreement by the other party and damages. Keller v. Beckenstein, 117 Conn.App. 550, 558, 979 A.2d 1055, cert. denied, 294 Conn. 913, 983 A.2d 274 (2009). In the present case, the second agreement was a written contract entered into approximately a week after the plaintiff rendered the emergency medical services to Mr. Drapkin. The second agreement includes the follow up medical services rendered on October 10, 1995, i.e., October 16, 1995, October 28, 1996, and July 6, 2001. As previously noted, the documentary evidence demonstrates that the follow up medical services consisted of four office visits totaling $545. (Exs. 4, 6, 10, 14.) Inasmuch as the evidence demonstrates that the plaintiff was fully reimbursed by the insurance company for these charges. (Ex. 15.) there was no breach. Accordingly, for the foregoing reasons, judgment shall enter on count two of the amended complaint in favor of Mr. Drapkin with costs taxed to the plaintiff.
As previously noted, quantum meruit only applies when there is no express contract between the parties. The second agreement, however, was an express contract, and therefore, a quantum meruit claim pursuant to the second agreement is inapplicable.
IV Breach of Contract Against Riether
In count one, the plaintiff alleges breach of contract against Riether based on his conditional promise to pay the plaintiff from proceeds received by his office in settlement or final disposition of Mr. Drapkin's claim. In support of this claim, the plaintiff submitted the letter of protection sent by Riether. For the following reasons, the court finds that based on the letter of protection, the plaintiff is not entitled to recover $75.46 pursuant to a breach of contract claim.
At the outset, it should be noted that since the plaintiff is not legally entitled to recover the principal sum of $75.46 for the reasons already indicated by the court, a fortiori, the plaintiff is not entitled to recover from Riether on his guarantee. Additionally, Riether's liability is conditioned on him actually receiving the $75.46. "A conditional guaranty contemplates as a condition of liability on the part of the guarantor the happening of some contingent event other than the default of the principal debtor." (Internal quotation marks omitted.) Morrissey v. Ottman, 23 Conn. Cir.Ct. 109, 112, 177 A.2d 223 (1961). Pursuant to the letter of protection, Riether is not responsible under his conditional promise to pay out of a fund held by him unless he has in fact received those funds. There is no evidence in the record indicating that Riether ever received the $75.46 or retained any funds to which he was not entitled. Consequently, Riether is not liable for the $75.46.
"A guarant[y] is a contract." D'Amato Investments, LLC v. Sutton, 117 Conn.App. 418, 423, 978 A.2d 1135 (2009). "[A] guarantee is a promise to answer for the debt, default or miscarriage of another . . . It is simply a species of [a] contract." (Citations omitted; internal quotation marks omitted.) Regency Savings Bank v. Westmark Partners, 59 Conn.App. 160, 164, 756 A.2d 299 (2000). "To establish a prima facie case of entitlement to recover on [a] [g]uaranty . . . [the] plaintiff must show (1) that it is owed a debt from a third party; (2) that [the] defendant made a guaranty of payment of the debt; and (3) that the debt has not been paid by either the third party or [the] defendant." (Emphasis in original.) Chase Manhattan Bank, N.A. v. Harris, 899 F.Sup. 64, 67 (D.Conn. 1995).
Neither party could with any degree of certainty recall if they received payment from the insurance company. Indeed, the plaintiff claimed that he was never informed of any settlement. Since it is the plaintiff's burden to prove that Riether actually received funds from any settlement of the defendant's claim, which he failed to remit, the court concludes that there was a fatal failure of proof on that issue.
With regard to the prejudgment interest, the letter of protection specified that the subject of the guaranty was the plaintiff's claim for medical services; not accrued interest. There is no evidence in the record that interest of any kind was a part of the agreement contained in the letter of protection. Furthermore, the plaintiff conceded at trial that he is not relying on any agreement to pay interest. Rather, the plaintiff is seeking to recover statutory interest under § 37-3a against all the defendants, including Riether on the basis of his letter of protection.
For all the foregoing reasons, the court concludes that there was not a breach of a contract predicated on the letter of protection as alleged in the count one of the amended complaint. Accordingly, judgment shall enter in favor of Riether on count one of the amended complaint with costs taxed to the plaintiff.
V Unjust Enrichment Against Riether
In count four, the plaintiff seeks to recover against Riether pursuant to a theory of unjust enrichment.
[W]herever justice requires compensation to be given for property or services rendered under a contract, and no remedy is available by an action on the contract, restitution of the value of what has been given must be allowed . . . Under such circumstances, the basis of the plaintiff's recovery is the unjust enrichment of the defendant . . . A right of recovery under the doctrine of unjust enrichment is essentially equitable, its basis being that in a given situation it is contrary to equity and good conscience for one to retain a benefit which has come to him at the expense of another . . . With no other test than what, under a given set of circumstances, is just or unjust, equitable or inequitable, conscionable or unconscionable, it becomes necessary in any case where the benefit of the doctrine is claimed, to examine the circumstances and the conduct of the parties and apply this standard . . . Plaintiffs seeking recovery for unjust enrichment must prove (1) that the defendants were benefited, (2) that the defendants unjustly did not pay the plaintiffs for the benefits, and (3) that the failure of payment was to the plaintiffs' detriment. (Internal quotation marks omitted.) Stewart v. King, supra, 121 Conn.App. 70-71.
It is the plaintiff's burden to prove each element of this cause of action if he is to recover under this theory. Gianetti v. Gerardi, Superior Court, judicial district of Fairfield, Docket No. CV 01 0384501 (December 23, 2010, Bellis, J.), citing Garwood Sons Construction Co. v. Centos Associates Ltd. Partnership, 8 Conn.App. 185, 187-88, 511 A.2d 377 (1986).
In the present case, the plaintiff fails to provide any evidence that Riether ultimately retained any insurance proceeds for his own benefit. Inasmuch as the plaintiff has failed to prove the first element of an unjust enrichment claim, i.e. that Riether was benefited therefore judgment shall enter in favor of Riether on count four of the amended complaint with costs taxed to the plaintiff.
See Gianetti v. Gerardi, supra, Superior Court, Docket No. cv01 0384501 (finding that the record did not provide evidence that the attorney retained insurance proceeds for his own benefit).
VI Count Five: Section 46b-37
In count five, the plaintiff alleges that Ms. Drapkin is responsible for the necessary medical services under § 46b-37. Inasmuch as the court has found that Mr. Drapkin is not liable for the $75.46 for the reasons already articulated, a fortiori, Ms. Drapkin is not responsible for that amount under § 46b-37. Additionally, in view of the court's discussion of quantum meruit supra, Ms. Drapkin is not liable under count three for the reasonable value of the alleged unreimbursed services. Accordingly, judgment shall enter in favor of Ms. Drapkin on counts three and five of the amended complaint with costs taxed to the plaintiff.
VII Prejudgment Interest under § 37-3a
Section 37-3a provides in relevant part:
[I]nterest at the rate of ten per cent a year, and no more, may be recovered and allowed in civil actions . . . as damages for the detention of money after it becomes payable . . . (Emphasis added.)
To award § 37-3a interest, two components must be present. First, the claim to which the prejudgment interest attaches must be a claim for a liquidated sum of money wrongfully withheld and, second, the trier of fact must find, in its discretion, that equitable considerations warrant the payment of interest. Ceci Bros., Inc. v. Five Twenty-One Corp., 81 Conn.App. 419, 428, 840 A.2d 578, cert. denied, 268 Conn. 922, 846 A.2d 881 (2004). Furthermore,
Connecticut's case law has established that such interest is to be awarded if, in the discretion of the trier of fact, equitable considerations deem that it is warranted . . . If interest is due, it is an element of damages . . . Whether to include interest as damages is an equitable determination for the trial court and interest may be awarded at the statutory rate from the time the money becomes due. (Citation omitted; internal quotation marks omitted.) Suffield Development Associates Ltd. Partnership v. National Loan Investors, L.P., 97 Conn.App. 541, 568, 905 A.2d 1214, cert. denied, 280 Conn. 942, 912 A.2d 479 (2006).
In the present case, the plaintiff cites to Kevin W. Conway's comment in the Connecticut Bar Journal entitled "Interest as Damages in Connecticut," for the proposition that section § 37-3a "interest [is] . . . awarded as a matter of right . . ." 30 Conn B.J. 407-11 (1956). This argument, however, is misplaced. Our Supreme Court recently stated:
It is well settled . . . that [t]he court's determination [as to whether interest should be awarded under sec 37-3a] should be made in view of the demands of justice rather than through the application of any arbitrary rule . . . Sosin v. Sosin, 300 Conn. 205, 229 (2011).
and, "Because § 37-3a provides that interest may be recovered . . . it is clear that the statute does not require an award of interest in every case which money has been detained after it has become payable." (Emphasis in original; internal quotation marks omitted.) Id. at 228; see also Smithfield Associates, LLC v. Tolland Bank, 86 Conn.App. 14, 26, 860 A.2d 738 (2004), cert. denied, 273 Conn. 901, 867 A.2d 839 (2005) ("[t]he fact that an award of such interest is discretionary and subject to equitable considerations, rather than automatic, reflects the reality that not all improper detentions of money are wrongful" [emphasis added; internal quotation marks omitted]).
Aside from the fact that the Connecticut Bar Journal is merely persuasive authority, the article is inconsistent with the latest holdings of our appellate courts with respect to the proper construction of § 37-3a. Current law is consistent with the proposition that the award of interest is discretionary, not a matter of right. This court is required to follow current law as it applies to this case.
Next, the plaintiff claimed at trial that he is entitled to prejudgment interest at the maximum rate provided in the statute because the debt is liquidated. The court disagrees. The debt in question is not liquidated nor is a claimant entitled to the maximum interest rate as a matter of law. Our Supreme Court has defined a liquidated debt as follows:
The plaintiff argues that he is entitled to recover interest on the interest that has already accrued because that accrued interest has become a liquidated sum. The court is unaware of any authority for such an interpretation of § 37-3a nor has the plaintiff cited any. Consequently, the court rejects this argument.
When a debtor knows precisely how much he is to pay and to whom he is to pay it, his debt is a liquidated one . . . An amount claimed to be due is a liquidated sum when it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in the possession or knowledge of the party to be charged. (Internal quotation marks omitted.) Forster v. Gianopoulos, 105 Conn.App. 702, 707, 939 A.2d 1242 (2008).
Unliquidated damages, on the other hand, are those which are not yet reduced to a certainty in respect to amount, nothing more being established than the plaintiff's right to recover; or such as cannot be fixed by a mere mathematical calculation from ascertainable data in the case. (Internal quotation marks omitted.) Costello v. Hartford Institute of Accounting, Inc., 193 Conn. 160, 166, 475 A.2d 310 (1984).
Specifically, in order to recover under § 37-3a, the plaintiff must have alleged and proven the debt was liquidated. Furthermore, a recent appellate decision has rejected the notion that a claimant may recover unliquidated damages under sec 37-3a despite an early 20th century case holding that unliquidated damages could be recovered under 37-3a.
"We have found one contrary case as to the lack of a need for a liquidated sum in order to obtain [§ 37-3a] interest, penned in the early years of the twentieth century. Loomis v. Gillett, 75 Conn. 298, 53 A.581 (1902). Although the case has never been overruled, it has never been cited for the proposition that prejudgment interest is appropriate when damages are unliquidated. We conclude that the reasoning of that case has not been adopted in cases decided after 1902." Travelers Property Casualty Co. v. Christie, supra, 99 Conn.App. 765, n. 13. (2007).
As previously noted, the $75.46 sought by the plaintiff was based on the reasonable value of services pursuant to the implied in law contract, and therefore, the damages sought thereunder were necessarily unliquidated. See General Supply Construction Co. v. Goelet, 149 App.Div. 80, 88, 133 N.Y.S. 978 (1912) ("[t]he plaintiff's claim on the theory of a quantum meruit is necessarily unliquidated and incapable of determination by . . . an arithmetical calculation"); see also George v. Double-D Foods, Inc., 155 Cal.App.3d 36, 46, 201 Cal.Rptr. 870 (1984) ("[a]s a rule, the amount of damages in an action on quantum meruit is held to be an unliquidated claim, in that the amount due must be determined from a presentation of evidence as to the extent, character and value of the plaintiff's services"). As a result, the court finds that § 37a-3, prejudgment interest does not apply to the plaintiff's present claim.
With regard to plaintiff's claim that he is entitled as a matter of right to the maximum amount of interest specified in the act, our Supreme Court has construed the terms "and no more" in § 37-3a to mean that the 10% rate is the maximum that may be recovered. Sears, Roebuck Co. v. Board of Tax Review, 241 Conn. 749, 765-66, 699 A.2d 81 (1997). Therefore, the rate of interest to be awarded is also subject to judicial discretion. Id.
C CT Page 18150
Finally, aside from the fact that the court finds that the medical charges subject to the second agreement have been paid in full, the court also finds that the second prerequisite to awarding such interest has not been satisfied in that there are no equitable considerations in this case that warrant the award that the plaintiff seeks for the following reasons.
First of all, the plaintiff, almost two years after the follow up medical services were rendered, unilaterally purported to change the terms of the agreement in mid-stream to require the payment of statutory interest on the principal debt. The plaintiff had no right to do so, as this type of interest or its rate is not to be awarded as a matter of right, but rather, is subject to judicial discretion. Ceci Bros, Inc v. Five Twenty-one Corp., supra. Moreover, any such addition to the written agreement represented a substantial change to the original agreement and would therefore require the consent of the debtor. The record is devoid of any such consent. See, Duplissie v. DeVine, supra.
Next, even if interest were to be awarded, the plaintiff claims a higher rate of interest than he would have been entitled to when he knew or should have known better. See n. 9, supra. Nevertheless, the plaintiff persisted in billing and invoicing Mr. Drapkin and Ms. Drapkin for the higher rate of statutory interest as if the plaintiff were entitled to it as a matter of right when he knew the law to be to the contrary. The court finds this course of conduct to be unfair, unconscionable and unacceptable, especially from a person who practices the honorable profession of medicine. Although a laymen, the plaintiff has brought numerous pro se lawsuits for the recovery of medical services in this judicial district.
Moreover, the plaintiff surely understands the basic legal rules applying to debt collection; the rubber stamped caveat on exhibits seven and eight are a perfect example. Therefore, the plaintiff was well aware of the laws governing collection of debts.
Lastly, the court is unaware of any legal authority authorizing the court to award the losing party § 37-3a interest nor has the plaintiff offered any such authority in his brief. In fact, § 37-3a interest may only be awarded to the prevailing party. See, Sosin v. Sosin, supra, 230. For the foregoing reasons, the court declines to award any damages to the plaintiff under § 37-3a.
In summary, judgment is hereby entered in favor of all defendants on all counts of the amended complaint; no 37-3a interest is awarded in this case. Costs to be taxed to the plaintiff.


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In June 2015, while an Indian Army convoy was en route from Chandel in Manipur to Dimapur in Nagaland, they were ambushed by the National Socialist Council of Nagaland–Khapalang (NSCN-K), a well-organised insurgent group operating in North East India.
Eighteen soldiers were killed, in what was one of the deadliest attacks in North East India in a decade. And what's worse is that reports indicated the possibility of more lethal attacks by the militants.
The only way to prevent it was by launching a swift counter-insurgency operation. Out of this need was born 'Operation Hot Pursuit', for which the army's elite Paratrooper Special Forces unit's commandos were handpicked. Their objective: To seek and destroy the militant stronghold and foil imminent insurgent attacks.
Two-and-a-half years after the operation was carried out, History TV18 is able to unravel the dramatic twists and turns of what transpired as the Indian Army hunted down a determined and vicious enemy.
History TV18's report, titled Special Operations India: Myanmar, will honour high-profile speakers including National Security Adviser Ajit Doval, Chief of Army Staff General Bipin Rawat, former defence minister Manohar Parrikar, former chief of army staff Dalbir Singh, defence analyst Nitin Gokhale among others.
It will feature authentic recreations of the events, details of the operation, including its planning and execution, and first person accounts of the people who made it a reality.
The show will air on Wednesday, 28 March, at 9 pm on History TV18.
Disclosure: History TV18 is part of Network18 news media group, which is also the parent company of Firstpost.com
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Updated Date: Mar 28, 2018 16:20:44 IST


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