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Australian Journal of Pharmacy : April 2005
fessional ATIENTS with pre-existing heart disease who took both high and low doses of atorvastatin calcium (Lipitor) experienced fewer cardiovascular events, according to the results of the five-year Treating to New Targets Trial (TNT) released last month. Moreover, patients on high-dose atorvastatin had signifi- cantly fewer events than those on a lower dose. Atorvastatin reduces risk of heart attack P The TNT study involved 10,000 patients with established coronary heart disease and elevated LDL, or 'bad' cho- lesterol levels. The study assessed whether high-dose atorvastatin patients who aggressively lowered their LDL-choles- terol levels to well below the current guidelines (100mg/dL) would experience additional cardiovascular benefits com- pared to atorvastatin patients who main- tained their LDL-cholesterol at recom- mended levels. Patients who received 80mg doses of atorvastatin had 22 per cent fewer car- diovascular events, including CHD death, non-fatal heart attacks, resuscitated car- diac arrest, and fatal or non-fatal strokes compared to patients who took 10mg of atorvastatin. In addition, the risk of new heart disease was reduced by 20 per cent and risk of stroke was reduced by 25 per cent for the high-dose group compared to the low-dose group. The TNT study demonstrated that the musculoskeletal safety profile of atorvas- tatin at 80mg dosing was comparable to atorvastatin 10mg doses. The incidence of liver enzyme elevations in both groups was within existing product labeling. Associate Professor Leon Simons, St Vincent's Clinical School, University of NSW, told the AJP that the TNT Trial was an important proof-of-concept study. 'Treatment was generally well toler- ated, about 5 per cent of patients in either group reported muscle pain. Signifi- cantly, elevated enzymes occurred in 0.2 per cent of patients on low dose and 1.2 per cent of those on high dose. This may be regarded as a low and acceptable rate of side effects,' said Dr Simons. 'We already new that reduction in LDL cholesterol by statins would reduce the future risk of cardiovascular disease. This study proves that even further reduction below our current Heart Foundation goal of LDL <2.5mmol/L will deliver further benefits to patients,' he said. TNT is an investigator-led trial coordi- nated by an independent steering com- mittee and was funded by Pfizer. The study enrolled men and women between 35 and 75 years of age in 14 countries. 'In addition to providing outstanding benefits at the lowest and highest doses of Lipitor in the TNT study, it's important to note that patients achieved these ben- efits safely,' said Pfizer's chief medical officer Dr Joseph Feczko. ' ¦ HILDHOOD immunisation rates are at their highest levels ever and dis- ease rates are down as a consequence, according to a recent report by the National Centre for Immunisation Research and Surveillance of Vaccine- Preventable Diseases (NCIRS) and the Aus- tralian Institute of Health and Welfare. Vaccine preventable diseases and vaccination coverage in Australia 2001–2002 shows that by the end of 2003, levels of full immuni- sation were nearly 95 per cent at 12 months of age, and 90 per cent at 24 months of age. Child immunisation rates up,disease rates down C relevant vaccines are diphtheria, tetanus, and whooping cough (DTP vaccine; Haemophilus influenzae type B (Hib vaccine); measles, mumps, and rubella (MMR vac- cine) and polio. Report co-author and NCIRS director Professor Peter McIntyre said that inci- dence of the eight diseases covered by four vaccines on the routine childhood sched- ule prior to 2002 have all been decreas- ing, in line with the improvements in immunisation levels. The diseases and 'There was an overall decline in all eight diseases, from an average of 8,046 cases per year in 1997–2000 to 7,806 cases per year in 2001–02, with Australia remaining polio free,' Professor McIntyre said. 'The lowest notifications on record in Australia occurred in 2001–02 for four of the diseases—measles, mumps, rubella and Hib. This reduction has been largely due to the combined efforts of govern- ment, healthcare providers and the pub- lic in recognising the importance of these diseases and in implementing and taking up immunisation programs appropriate for our needs.' 'Whooping cough remains a challenge to control because while immunised chil- dren are protected, adolescents and adults continue to spread the infection, often without realising it—immunisation rates were low in the past and the vaccine wears off. Babies under six months, too young to be fully immunised, therefore remain at risk,' Professor McIntyre said. Recent changes to vaccine recommen- dations should help to reduce whooping cough in the future. These include a whooping cough booster vaccine pro- vided for teenagers, and recommended for new or intending parents. Other challenges identified in the report include: high rates of influenza notifications and hospitalisation in young children; and relatively high rates of measles, mumps, rubella and Hepatitis B in young adults, many of whom have not been vaccinated. ¦ THE AUSTRALIAN JOURNAL OF PHARMACY VOL 86 APRIL 2005 ? 239
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A-116 September Term 2013, 074307
Timothy P. Smith argued the cause for appellants (Kinney Lisovicz Reilly & Wolff, attorneys; James P. Lisovicz, of counsel; Mr. Smith, Mr. Lisovicz, and Brooks H. Leonard, Morristown, on the briefs). Jean A. Amagsila argued the cause for respondent. Jonathan W. Miller argued the cause for amicus curiae New Jersey Association for Justice (Locks Law Firm, attorneys; Mr. Miller and Michael A. Galpern, Cherry Hill, on the brief).
Timothy P. Smith argued the cause for appellants (Kinney Lisovicz Reilly & Wolff, attorneys; James P. Lisovicz, of counsel; Mr. Smith, Mr. Lisovicz, and Brooks H. Leonard, Morristown, on the briefs).
Jean A. Amagsila argued the cause for respondent.
Jonathan W. Miller argued the cause for amicus curiae New Jersey Association for Justice (Locks Law Firm, attorneys; Mr. Miller and Michael A. Galpern, Cherry Hill, on the brief).
Justice PATTERSON delivered the opinion of the Court. In this appeal, arising from a judgment in plaintiff's favor in a motor vehicle negligence case, we consider defendants' contention that the trial court committed several errors that mandate reversal of the judgment and a new trial.
Plaintiff Sofia Torres alleged that she was seriously injured in a rear-end collision between her car and a garbage truck owned by defendant Suburban Disposal, Inc. (Suburban) and operated by defendant Javier Pabon (Pabon). Plaintiff alleged that, as a result of defendants' negligent maintenance of the truck's taillights, she was unaware that the truck was ahead of her. She contended that Pabon drove negligently, causing the collision. Defendants denied plaintiff's allegations and asserted that plaintiff's negligence caused the accident. The case was tried before a jury, which found both parties negligent but allocated fifty-five percent of the fault to defendants, and awarded a substantial verdict. The Appellate Division affirmed the trial court's judgment.
We conclude that the trial court committed a series of errors during the trial. First, the trial court improperly issued a jury charge pursuant to State v. Clawans, 38 N.J. 162, 183 A. 2d 77 (1962), directing the jury to consider drawing an adverse inference against defendants from Pabon's failure to testify after plaintiff presented Pabon's deposition testimony to the jury. Second, the trial court permitted plaintiff to read to the jury requests for admissions, served by plaintiff immediately before trial, which improperly sought defendants' admissions to medical opinions offered by one of their expert witnesses. Third, the trial court erroneously issued a second Clawans charge, again authorizing the jury to draw an adverse inference against defendants because they decided not to call their expert as a witness. Fourth, the trial court made significant errors in its jury instruction regarding the duty of a driver to maintain a safe distance behind another driver. Finally, notwithstanding plaintiff's testimony before the jury that she had significant medical bills and lacked the resources to pay them, the trial court failed to instruct the jury that plaintiff was not entitled to medical expenses as an element of damages, in accordance with N.J.S.A. 39:6A–12.
We hold that those five improper rulings, which affected both the determination of liability and the damages award, gave rise to cumulative error warranting a new trial. Accordingly, we reverse the determination of the Appellate Division and remand to the trial court for a new trial.
In the early morning of August 30, 2007, at the Fairfield yard operated by his employer, Suburban, Pabon inspected the truck assigned to him for his daily garbage collection route. According to his deposition testimony, Pabon noticed that although none of the lights on the truck were missing or broken, some of the lower lights at the rear of the truck were covered with debris that could not be removed by wiping the lights with a cloth. At 4:30 a.m., Pabon commenced his route, driving in a fifty-mile-per-hour zone in one of the eastbound lanes of Route 46 in Fairfield. Pabon testified that his truck was traveling at forty to forty-five miles per hour when he entered a construction area and was directed by a sign to merge to the left. He stated that he slowed his vehicle by taking his foot off the gas pedal, but did not apply his brakes. According to Pabon, as his truck merged into the left lane, he did not see any approaching cars, and he was unaware of plaintiff's vehicle until it collided with his truck.
Plaintiff testified that, immediately before the accident, she was driving her Nissan Altima eastbound on Route 46, at a speed of forty-five to fifty miles per hour. She stated that she saw the sign directing vehicles to merge from the right lane into the left lane. She recalled that, as she merged to the left, she saw a "dark silhouette" of an object ahead, but could not "make it out" because it was "camouflage[d] with everything around there." Plaintiff said that when she realized that the object was a truck, she "stomped on [her] brakes," but "[w]ithin one or two seconds, my right side, the driver's side hit into the back of the truck."
Plaintiff filed a complaint against Pabon and Suburban. She alleged that defendants were negligent and sought compensatory damages. Defendants denied plaintiff's allegations and asserted plaintiff's own negligence as an affirmative defense, pursuant to the Comparative Negligence Act, N.J.S.A. 2A:15–5.1 to –5.17.
In response to a notice to take Pabon's deposition, defendants' counsel informed plaintiff's counsel that Pabon had left the United States and could not be produced for a deposition. Several months later, plaintiff moved for an order barring Pabon from testifying at trial and for an extension of the discovery end date. Prior to the return date of that motion, Pabon returned to the United States. Plaintiff's counsel conducted Pabon's deposition on November 24, 2009. Apparently uninformed about that development, a motion judge entered an order on December 4, 2009, granting plaintiff's motion to bar Pabon from testifying at trial, but denying plaintiff's request to extend discovery.
During discovery, defendants designated Thomas E. Helbig, M.D., as their expert orthopedist. In his report, Dr. Helbig opined that plaintiff had sustained several fractures, evidently as a result of the August 30, 2007 accident, and that although plaintiff "exhibits excellent alignment of the lower extremities," she "does exhibit persistent pain, weakness and atrophy, particularly in the left leg."
Prior to trial, the trial court considered in limine motions addressing expert opinions. The trial court granted plaintiff's pretrial motion to bar portions of the opinion of defendants' accident reconstruction expert, John Karpovich, regarding the speed of the truck at the time of impact. The court rejected defendants' challenge to the accident reconstruction expert testimony of plaintiff's expert, Walter Suhaka. Before jury selection, the trial court ruled that, plaintiff's treating internist, Peter P. Yonclas, M.D., would be permitted to testify despite plaintiff's late service of a supplemental report by the physician, on the grounds that his report reflected his continued treatment of plaintiff.
In addition to the four expert witnesses who are the subject of this appeal, plaintiff designated an expert orthopedist and a treating physician to testify on her behalf, and defendants designated a neurologist to testify on their behalf.
On May 16, 2011, more than a year after the trial court denied an extension of discovery and approximately two-and-a-half weeks before the trial date, plaintiff served a set of requests for admissions. The requests for admissions, designated as a "supplemental demand for admissions," did not request that defendants admit or deny factual assertions or authenticate documents. Instead, plaintiff asked that defendants admit or deny various medical opinions that Dr. Helbig had stated in his expert report. When trial began on June 6, 2011, the thirty-day period for defendants' response to plaintiff's requests for admissions, as prescribed by Rule 4:22–1, had not yet expired. Defendants took the position that the requests for admissions were untimely, and did not serve responses to those requests.
At the commencement of trial, the trial court and the parties discussed the potential testimony of defendant Pabon, whom defendants had designated as a trial witness in their pretrial submissions. Plaintiff's counsel informed the trial court that defendants were barred by court order from presenting Pabon's testimony at trial, on the ground that they had failed to produce him for a deposition. Defendants' counsel informed the trial court that Pabon had in fact been deposed, and stated that the pretrial order barring his testimony was an error. The trial court declined to rule on the potential testimony of Pabon prior to trial.
In his opening statement, plaintiff's counsel referred to admissions made by Pabon at his deposition. Defendants objected, citing the pretrial order barring Pabon from testifying. Defendants informed the trial court that Pabon would be present at trial, and argued that it would be improper to admit the transcript of Pabon's deposition into evidence. After a colloquy between the trial court and counsel, Pabon's status as a potential trial witness remained unresolved. The trial court, however, permitted plaintiff to read portions of Pabon's deposition testimony into evidence at trial, pursuant to Rule 4:16–1(c). The court reasoned that the deposition contained important information about the condition of the truck at the time of the accident. Pabon was present during portions of the trial, but did not testify.
Plaintiff, who received Personal Injury Protection (PIP) benefits covering hospital and physicians' bills, asserted no claim for medical expenses. Although her counsel properly refrained from inquiring about medical expenses in plaintiff's direct examination, plaintiff volunteered that she was unable to pay her medical bills. She told the jury, "I have no—no peace of mind, I have no money, I have all these bills, all these hospital bills. How do they want me to pay for a helicopter ride? I have no clue. Hundreds, thousands of dollars." Although defendants' counsel immediately objected, the trial court did not strike the testimony or instruct the jury to disregard it.
Pursuant to the trial court's pretrial rulings, plaintiff was permitted to present her expert testimony without limitation. Although he had conducted no analysis to determine the speed of either vehicle at the time of impact, plaintiff's accident reconstruction expert, Suhaka, was permitted to testify that plaintiff did not have the opportunity to avoid the crash. Plaintiff's expert orthopedist, Dr. Hirsch, was permitted to testify about the impact of plaintiff's injuries on her mental status and employability. Plaintiff also presented the testimony of Dr. Yonclas and another treating physician.
Defendants called no fact witnesses. They called two expert witnesses, their expert neurologist and their accident reconstruction expert, Karpovich. The accident reconstruction expert, barred by the trial court's ruling from estimating the speed of plaintiff's vehicle, testified within the constraints imposed by the court. Defendants declined to present the testimony of their expert orthopedist, Dr. Helbig.
At the charge conference, plaintiff's counsel claimed that defendants had decided not to call Dr. Helbig to the stand because his report supported opinions stated by plaintiff's expert. Plaintiff's counsel asserted that he had the right to read into the record plaintiff's requests for admissions, which set forth various opinions stated in Dr. Helbig's report. Defendants' counsel objected, arguing that plaintiff's requests for admissions, to which defendants had not responded in light of their untimely service, could not serve as a substitute for expert testimony. Although the trial court initially expressed concerns about the fairness of plaintiff's proposed use of her requests for admissions, it permitted plaintiff's counsel to read those requests to the jury.
Also at the charge conference, the trial court decided to instruct the jury that it could draw an adverse inference against defendants because they had not presented the testimony of defendant Pabon or the testimony of their expert, Dr. Helbig. The court did not engage in an analysis of plaintiff's request for the adverse inference charges under Clawans and State v. Hill, 199 N.J. 545, 974 A. 2d 403 (2009). Instead, the court commented that Pabon was available in court, that defendants had the opportunity to call him to the stand, and that defendants could have also called Dr. Helbig as a witness but did not do so. In summation, plaintiff's counsel emphasized the adverse inference that the jury could draw because defendants had declined to present Dr. Helbig's testimony.
When the trial court gave the jury an instruction based on Model Jury Charge (Civil), § 5.30D(2) "Violation of Traffic Act" (August 1999), pursuant to Dolson v. Anastasia, 55 N.J. 2, 10, 258 A. 2d 706 (1969), it misidentified defendant as the party who was subject to the duty to follow another vehicle at a safe distance, despite the undisputed evidence that plaintiff's vehicle was traveling behind the truck driven by Pabon before the collision. Defendants' counsel interrupted the trial court's charge to advise the court of its error. Although the trial court promised to "clarify" the charge, it repeated its misstatement that "defendant" was the motorist subject to the duty to follow at a safe distance, and then told the jury that if it found defendant had followed the other vehicle too closely, "the plaintiff is also negligent." The trial court then instructed the jury that it could draw adverse inferences from defendants' failure to call Pabon and Dr. Helbig to the stand.
Notwithstanding plaintiff's testimony regarding her medical bills, the trial court did not charge the jury that it could not include in its damages calculation plaintiff's medical expenses. Defendants did not request such a charge or object to the trial court's failure to address the issue with the jury.
The jury returned a verdict in plaintiff's favor. Pursuant to N.J.S.A. 2A:15–5.2, the jury allocated fifty-five percent of the fault to defendants and forty-five percent of the fault to plaintiff. The jury awarded $4.5 million in damages. The trial court molded the verdict, awarded prejudgment interest and costs, and entered judgment for plaintiff in the amount of $2,735,455.08.
An Appellate Division panel affirmed the trial court's judgment. It held that the trial court's adverse inference charge concerning Pabon was not an abuse of discretion. The panel concluded that the trial court's two rulings regarding defendants' expert, Dr. Helbig—its determination that plaintiff was permitted to read the requests for admissions to the jury, and its adverse inference charge as to the expert —constituted harmless error. The panel acknowledged the trial court's confusion of the parties in its jury charge regarding a driver's duty to follow at a safe distance, but held that the charge was not harmful error in light of the evidence presented to the jury regarding the circumstances of the accident. It concluded that the trial court's failure to instruct the jury not to consider plaintiff's medical expenses did not give rise to plain error. The panel rejected defendants' contentions that plaintiff's experts, Suhaka and Dr. Yonclas, were improperly permitted to testify, and that the expert testimony of defendants' expert, Karpovich, was erroneously restricted. We granted defendants' petition for certification, 218 N.J. 531, 95 A. 3d 258 (2014), and granted the motion of the New Jersey Association for Justice (NJAJ) to appear as amicus curiae.
Defendants urge the Court to reverse the Appellate Division's judgment and order a new trial. They contend that the trial court's adverse inference charge as to Pabon was not only contrary to the principles of Clawans and Hill, but was fundamentally unfair in light of plaintiff's use of Pabon's deposition testimony at trial. Defendants argue that the trial court also erred in allowing plaintiff to read to the jury untimely and improper requests for admissions regarding the opinions of their orthopedic expert, Dr. Helbig. They assert that the court's error was compounded by its decision to issue a Clawans charge as to Dr. Helbig and add that such a charge is rarely warranted when a party fails to call an expert witness. Defendants contend that the trial court's mistakes in its charge to the jury on a driver's duty to follow at a safe distance, under Dolson, gave rise to reversible error, and that the court's failure to instruct the jury not to consider plaintiff's medical expenses in its calculation of damages constituted plain error. Defendants assert that the cumulative effect of the trial court's errors denied them a fair trial.
Plaintiff counters that the trial court was fair and even-handed in its oversight of this case. She argues that because her counsel would have consented had defendants sought to call Pabon as a trial witness, and Pabon was present in court, the trial court correctly decided to permit the jury to draw an adverse inference from his failure to testify. She asserts that the trial court did not abuse its discretion in admitting her requests for admissions, and that because of defendants' unanticipated decision not to call Dr. Helbig to testify on their behalf, the court properly authorized the jury to draw an adverse inference from the expert's absence. Plaintiff also argues that the trial court's mistakes in its jury instruction on the duty to follow at a safe distance amounted to nothing more than minor semantic errors that did not affect the outcome. She notes that defendants declined to request a charge admonishing the jury not to consider plaintiff's medical expenses in its calculation of damages, and asserts that the trial court's failure to give that charge was not plain error.
Amicus curiae NJAJ urges the Court to remand the matter to the trial court or the Appellate Division for additional consideration of the trial court's Clawans jury instruction regarding Dr. Helbig. In the alternative, NJAJ proposes that the Court affirm the decision of the Appellate Division regarding the trial court's issuance of a Clawans charge concerning Dr. Helbig, on the ground that any error committed by the trial court was harmless.
In our review of defendants' claim that the trial court committed cumulative error, we first consider the court's adverse inference charge regarding the failure of defendant Pabon to testify at trial.
An adverse inference charge may be warranted when a party's failure to present evidence "raises a natural inference that the party so failing fears exposure of those facts would be unfavorable to him." Clawans, supra, 38 N.J. at 170, 183 A. 2d 77. The jury is instructed that it may draw an adverse inference against the party who would be expected to call the witness, but has declined to do so. See id. at 170–71, 183 A. 2d 77 ; Hill, supra, 199 N.J. at 559–61, 974 A. 2d 403.
As this Court stated in Hill, supra, however, the adverse inference instruction "is not invariably available whenever a party does not call a witness who has knowledge of relevant facts." 199 N.J. at 561, 974 A. 2d 403. The jury is instructed that it may draw an adverse inference from a party's failure to call a witness only if it appears "that the person was within the power of the party to produce and that his testimony would have been superior to that already utilized in respect to the fact to be proved." Clawans, supra, 38 N.J. at 171, 183 A. 2d 77 (citing Meistrich v. Casino Arena Attractions, Inc., 54 N.J.Super. 25, 31, 148 A. 2d 199 (App.Div.), modified 31 N.J. 44, 155 A. 2d 90 (1959) ; O'Neil v. Bilotta, 18 N.J.Super. 82, 86, 86 A. 2d 705 (App.Div.), aff'd, 10 N.J. 308, 91 A. 2d 231 (1952) ). The adverse inference "is always open to destruction by explanation of circumstances which make some other hypothesis a more natural one than the party's fear of exposure." Ibid.
In Hill, supra, the Court set forth procedures for a trial court to follow when a party requests an adverse inference charge or states its intent to address in summation the absence of a witness. 199 N.J. at 560–62, 974 A. 2d 403. The party seeking the charge "must notify the opposing party and the judge, outside of the presence of the jury, must state the name of the witness or witnesses not called, and must set forth the basis for the belief that the witness or witnesses have superior knowledge of relevant facts." Id. at 560–61, 974 A. 2d 403. The trial court must conduct a "dispassionate assessment of the circumstances" of the specific case. Id. at 561, 974 A. 2d 403 ; see also Washington v. Perez, 219 N.J. 338, 356–57, 98 A. 3d 1140 (2014). To guide that assessment, the Court in Hill, supra, prescribed a four-pronged test:
(1) that the uncalled witness is peculiarly within the control or power of only the one party, or that there is a special relationship between the party and the witness or the party has superior knowledge of the identity of the witness or of the testimony the witness might be expected to give; (2) that the witness is available to that party both practically and physically; (3) that the testimony of the uncalled witness will elucidate relevant and critical facts in issue[;] and (4) that such testimony appears to be superior to that already utilized in respect to the fact to be proven.
[199 N.J. at 561–62, 974 A. 2d 403 (alteration in original) (quoting State v. Hickman, 204 N.J.Super. 409, 414, 499 A. 2d 231 (App.Div.), certif. denied, 103 N.J. 495, 511 A. 2d 667 (1986) ).]
Because the prejudicial impact of an inappropriate adverse inference charge may be "severe," the case-specific assessment mandated in Hill serves an essential purpose. Id. at 562, 974 A. 2d 403. As the Court observed, "it is one thing for counsel in his summation to point to the absence of particular witnesses; it is quite another when the court puts the weight of its authority behind such a summation by telling the jury it may draw an adverse inference from their absence." Ibid. (quoting Wild v. Roman, 91 N.J.Super. 410, 415, 220 A. 2d 711 (App.Div.1966) ). Given its potentially dispositive impact on the jury's determination, the adverse inference charge is only given when all of the Hill factors are found to warrant the charge. Id. at 561, 974 A. 2d 403 ; Washington, supra, 219 N.J. at 356, 98 A. 3d 1140.
Had the trial court undertaken the thorough analysis mandated by Hill, it could not have found in plaintiff's favor on all four of the Hill factors, and would have denied plaintiff's request for the Clawans charge concerning Pabon. The record did not support a finding on the first factor identified in Hill, supra: "that the uncalled witness is peculiarly within the control or power of only the one party, or that there is a special relationship between the party and the witness or the party has superior knowledge of the identity of the witness or of the testimony the witness might be expected to give [.]" 199 N.J. at 561, 974 A. 2d 403. Plaintiff's counsel could have secured Pabon's trial testimony by service of a notice in lieu of subpoena on his counsel, pursuant to Rule 1:9–1, by court order, or by consent. Moreover, plaintiff's counsel had deposed Pabon and was fully familiar with his testimony.
There was a basis for findings by the trial court in plaintiff's favor on the second Hill factor, "that the witness is available to [defendants] both practically and physically," and the third Hill factor, "that the testimony of the uncalled witness will elucidate relevant and critical facts in issue [.]" 199 N.J. at 561, 974 A. 2d 403. However, given plaintiff's affirmative use of Pabon's detailed deposition testimony in her case, there was no support for a finding in plaintiff's favor on the fourth Hill factor, that Pabon's testimony "appears to be superior to that already utilized in respect to the fact to be proven." Ibid. Thus, the circumstances of this case justified findings in plaintiff's favor with respect to only two of the Hill factors, not the mandated four.
By giving the Clawans charge, the court suggested to the jury that Pabon's testimony would have undermined defendants' case and that defendants had sought to conceal that testimony from the jury. Thus, plaintiff not only utilized deposition testimony by Pabon to support her case, but she also had the benefit of a potentially determinative jury charge.
Accordingly, the trial court erred when it gave the jury an adverse inference charge pursuant to Clawans with respect to defendants' decision not to call Pabon to testify at trial.
We next review the trial court's two determinations regarding defendants' orthopedic expert, Dr. Helbig: the court's ruling permitting plaintiff to read to the jury plaintiff's late-served requests for admissions stating Dr. Helbig's opinions, and its Clawans charge based on defendants' decision not to call Dr. Helbig as an expert witness at trial.
Requests for admissions are intended "to streamline litigation by 'weeding out items of fact and proof over which there is no dispute, but which are often difficult and expensive to establish by competent evidence [.]' " Hungerford v. Greate Bay Casino Corp., 213 N.J.Super. 398, 404, 517 A. 2d 498 (App.Div.1986) (quoting Klimowich v. Klimowich, 86 N.J.Super. 449, 452, 207 A. 2d 200 (App.Div.1965) ). Rule 4:22–1 authorizes service on an opposing party of "a written request for the admission for purposes of the pending action only, of the truth of any matters of fact within the scope of R. 4:10–2 set forth in the request, including the genuineness of any documents described in the request." The matter set forth in the request is deemed "admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves ... a written answer or objection addressed to the matter, signed by the party or by the party's attorney[.]" Ibid.
In this case, plaintiff's requests were served long after the close of discovery, so close to the trial date that the thirty-day period to respond did not expire until the trial was well underway. There was no application to the court for leave to serve the requests, much less an order granting such leave. The requests for admission were therefore untimely, and defendants had no obligation to respond to them.
The requests for admissions also were substantively improper. Plaintiff did not seek admissions from defendants regarding facts within defendants' knowledge, or attempt to authenticate documents. Instead, she sought defendants' admissions to selected portions of Dr. Helbig's expert report. The requests for admissions did not conform to Rule 4:22–1. Accordingly, the trial court's decision to authorize plaintiff to read to the jury plaintiff's requests for admissions constituted an abuse of its discretion.
The trial court's error was compounded when it gave the jury an adverse inference charge regarding defendants' decision not to call Dr. Helbig as a witness. Defendants objected to plaintiff's request for a Clawans instruction, noting that giving that charge after allowing plaintiff to read the requests for admissions concerning Dr. Helbig's report would be "piling on." The trial court rejected defendants' argument. Consistent with its approach to the adverse inference issue regarding Pabon, the court gave the instruction without considering the Hill factors as they applied to Dr. Helbig.
Again, had the trial court undertaken an appropriate analysis pursuant to Hill with respect to Dr. Helbig, that inquiry would have confirmed that no Clawans charge was warranted. The first Hill factor, which focuses on one party's exclusive control over, or special relationship with, the witness, weighs against a Clawans charge. 199 N.J. at 561, 974 A. 2d 403. Defendants exercised no proprietary right to their expert's testimony, and plaintiff could have called Dr. Helbig to the stand. Washington, supra, 219 N.J. at 365, 98 A. 3d 1140 (noting defendants did not have exclusive control over physicians designated as their experts); Fitzgerald v. Stanley Roberts, Inc., 186 N.J. 286, 302, 895 A. 2d 405 (2006) (holding party may call adversary's expert when expert was designated as adversary's testifying expert).
The record is inconclusive with respect to the second Hill factor, which concerns whether Dr. Helbig was "available to [defendants] both practically and physically." 199 N.J. at 561, 974 A. 2d 403. The third consideration identified in Hill, whether Dr. Helbig's testimony would have "elucidate[d] relevant and critical facts in issue," also provides no support for an adverse inference charge. Ibid. There is no indication that Dr. Helbig was uniquely aware of any facts relevant to this case, in light of plaintiff's examination and treatment by her own medical witnesses, or that he had information that was withheld from the expert's report that was served on plaintiff. Finally, Dr. Helbig's testimony was not "superior to [testimony] already utilized in respect to the fact to be proven," for purposes of the fourth Hill factor. Ibid. There is no indication that Dr. Helbig's testimony would have proven more illuminating than the opinions of the experts who testified before the jury. Thus, under a proper Hill analysis, plaintiff's request for an adverse inference charge concerning Dr. Helbig's failure to testify should have been denied. Moreover, in accordance with Hill, supra, the trial court should have barred plaintiff's counsel from discussing, in summation, Dr. Helbig's absence from the trial. 199 N.J. at 569 n. 9, 974 A. 2d 403.
Indeed, as this Court held after the trial in this case, "a Clawans charge will rarely be warranted when the missing witness is not a fact witness, but an expert." Washington, supra, 219 N.J. at 364, 98 A. 3d 1140. By virtue of the expansive expert discovery authorized by our court rules, an expert's opinions and the factual basis for those opinions are likely to be disclosed to the opposing party well in advance of trial. Id. at 361–62, 98 A.3d 1140. Moreover, a party's decision not to call a particular expert witness may reflect strategic considerations having nothing to do with that party's fear of adverse testimony. Id. at 363–64, 98 A.3d 1140. "Thus, when the witness whom a party declines to call at trial is an expert rather than a fact witness, the factors that may necessitate an adverse inference charge addressing the absence of a fact witness are unlikely to be germane." Id. at 364, 98 A.3d 1140.
Accordingly, the trial court committed two errors in its response to defendants' decision not to call Dr. Helbig as their expert orthopedist at trial: it permitted plaintiff to read her untimely and improper requests for admissions to the jury, and it gave the jury an unwarranted and inappropriate Clawans charge.
We next consider the trial court's jury instruction regarding the duty of a driver to maintain a safe distance while following another vehicle. The Legislature codified that duty in N.J.S.A. 39:4–89 :
The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.
In Dolson, supra, this Court determined that N.J.S.A. 39:4–89 "merely incorporates the common law standard into the motor vehicle law to authorize penal sanctions for a violation[,]" and that a driver's conduct contravening that standard "is negligence and a jury should be so instructed." 55 N.J. at 10, 258 A. 2d 706 (emphasis in original); see also Eaton v. Eaton, 119 N.J. 628, 642–43, 575 A. 2d 858 (1990) (holding where "a statute specifically incorporates a common-law standard of care, a jury finding of a statutory violation constitutes a finding of negligence"). Thus, because N.J.S.A. 39:4–89 imposes a statutory duty of care on a driver following behind another driver, a finding that the driver violated the duty obviates the need for further proof of negligence. Dolson, supra, 55 N.J. at 10, 258 A. 2d 706 (citing N.J.S.A. 39:4–89 ). The statutory standard, and the common-law principle that it codifies, are incorporated in Model Jury Charge (Civil), § 5.30D(2) "Violation of Traffic Act" (August 1999):
In this case, plaintiff argues that defendant was negligent because defendant violated a provision of the motor vehicle laws. The provision referred to, N.J.S.A. 39:4–89, is as follows: The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.
In the form set forth in the Model Jury Charge, the instruction envisions that the driver following behind another driver at the time of a motor vehicle collision is the defendant, not the plaintiff. Like all model charges, however, the Model Jury Charge must be adjusted, as necessary, to conform to the particular facts of a given case. See Komlodi v. Picciano, 217 N.J. 387, 420, 89 A. 3d 1234 (2014) (noting "[a]s with all jury instructions, the trial judge should tailor the charge to the facts and the parties' arguments"). Here, the driver subject to the duty set forth in N.J.S.A. 39:4–89 was plaintiff, not defendant, and the trial court should have ensured that the Model Jury Charge was tailored to reflect that fact.
Instead, the trial court juxtaposed the parties in its recitation of the charge, instructing the jury that defendant had the obligation to follow plaintiff's vehicle at a safe distance, and repeated the error after being alerted to it by defendants' counsel. Although the trial court belatedly mentioned the possibility that plaintiff was negligent, the jury may have been left with the mistaken impression that defendants' vehicle followed plaintiff's vehicle too closely, when defendants' vehicle indisputably was ahead of plaintiff's vehicle prior to the collision. The trial court's charge on this important issue was contradictory and confusing, and constituted error.
Finally, we review the trial court's failure to instruct the jury that plaintiff, who collected PIP benefits, was not entitled to an award for medical expenses as an element of damages in her civil claim.
New Jersey's 1998 Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A–1.1 to –35, bars the admission, in a civil action for personal injury damages, of "evidence of the amounts collectible or paid under a standard automobile insurance policy pursuant to [N.J.S.A. 39:6A–4, –10] ... to an injured person, including the amounts of any deductibles, copayments or exclusions, including exclusions pursuant to [N.J.S.A. 39:6A–4.3 ], otherwise compensated." N.J.S.A. 39:6A–12. The statute provides:
The court shall instruct the jury that, in arriving at a verdict as to the amount of the damages for noneconomic loss to be recovered by the injured person, the jury shall not speculate as to the amount of the medical expense benefits paid or payable by an automobile insurer under personal injury protection coverage payable under a standard automobile insurance policy pursuant to [N.J.S.A. 39:6A–4, –10]....
Nothing in this section shall be construed to limit the right of recovery, against the tortfeasor, of uncompensated economic loss sustained by the injured party.
[Ibid. ]
Thus, "testimony as to the amount of lost wages and medical expenses collectible or paid as PIP benefits ... is not admissible in evidence." Clifford v. Opdyke, 156 N.J.Super. 208, 213, 383 A. 2d 749 (App.Div.1978) (citing N.J.S.A. 39:6A–12 ). In accordance with the statute, Model Jury Charge (Civil) § 8.20 "Medical Expenses (Auto)" (December 1996) states, "[t]he plaintiff's claim in this case does not include any claims for medical expenses. Therefore, in determining the reasonable amount of damages due to plaintiff, you shall not speculate about the medical expenses plaintiff may have had."
In Espinal v. Arias, the Appellate Division reversed a jury verdict because the trial court improperly denied defense counsel's request for a charge instructing the jury not to consider the plaintiff's medical expenses in determining its verdict for noneconomic damages. 391 N.J.Super. 49, 62, 916 A. 2d 1081 (App.Div.), certif. denied, 192 N.J. 482, 932 A. 2d 32 (2007). There, the "[p]laintiff offered no evidence of medical expenses during trial, but he did testify that he had received medical treatment." Ibid. The panel noted that "[i]n the absence of [the model] charge, the jury might speculate about a plaintiff's medical expenses in arriving at a damages verdict." Id. at 63, 916 A. 2d 1081. The panel rejected the trial court's determination that the jury instruction was unnecessary in light of the absence of any claim for medical expenses, noting that "it is exactly under those circumstances when this charge must be given." Ibid.
In this case, plaintiff's testimony extended beyond the comments about medical treatment that the Appellate Division considered in Espinal. Unprompted by her counsel, plaintiff told the jury that she was unable to pay "[h]undreds, thousands of dollars" in medical bills. Defendants did not ask the trial court to give the model charge admonishing the jury not to include medical expenses in its calculation of damages. Nonetheless, the trial court erred when it failed to include the medical expenses charge in its jury instructions. Without the guidance of that charge, the jury may have mistakenly assumed that the medical expenses described by plaintiff constituted an element of her claim for damages.
An appellate court may reverse a trial court's judgment if "the cumulative effect of small errors [is] so great as to work prejudice [.]" Pellicer v. St. Barnabas Hosp., 200 N.J. 22, 53, 974 A. 2d 1070 (2009). In Pellicer, supra, the Court noted that by virtue of the aggregate effect of a series of errors addressed in that case, the trial court had not afforded to the defendants a fair trial:
If an appellate court finds cumulative error, it need not consider whether each individual error was prejudicial. See, e.g., State v. Jenewicz, 193 N.J. 440, 473, 940 A. 2d 269 (2008) (asserting appellate courts "need not decide whether any of the individual errors found to have occurred in defendant's trial would amount to reversible error"); State v. Koskovich, 168 N.J. 448, 540, 776 A. 2d 144 (2001) (stating "[b]ecause we find that those instructions constitute cumulative error warranting reversal of the death sentence, we do not address whether any of them, standing alone, would warrant that same result").
Our review of the record convinces us that, taken together, these numerous claims of error cannot be explained away as harmless. They are not simply a litany of minor or inconsequential matters of no substance or significance. Rather, they represent real and repeated errors that cumulated so as to unfairly tilt the balance in favor of plaintiffs and to deprive defendants of a fair trial.
[Id. at 56–57, 974 A. 2d 1070.]
The Court cautioned that a cumulative error analysis does not "simply entail [ ] counting mistakes, because even a large number of errors, if inconsequential, may not operate to create an injustice." Id. at 55, 974 A. 2d 1070. It commented that it neither invited nor countenanced "appeals that do no more than point to minutiae in an effort to create the impression that there was an atmosphere of unfairness." Ibid. It recognized, however, that if the combined effect of multiple errors deprives a party of a fair trial, an appellate court should order a new trial. Id. at 55–57, 974 A. 2d 1070 ; see also Jenewicz, supra, 193 N.J. at 473, 940 A. 2d 269 (noting cumulative effect of individual errors "can cast sufficient doubt on a verdict to require reversal"); Barber v. ShopRite of Englewood
& Assocs., Inc., 406 N.J.Super. 32, 52–53, 966 A. 2d 93 (App.Div.) ("When 'legal errors are manifest that might individually not be of such magnitude to require reversal but which, considered in their aggregate, have caused [a party] to receive less than a fair trial,' a new trial is warranted." (alteration in original) (quoting Eden v. Conrail, 175 N.J.Super. 263, 267, 418 A. 2d 278 (App.Div.1980), modified by 87 N.J. 467, 435 A. 2d 556 (1981) )), certif. denied, 200 N.J. 210, 976 A. 2d 386 (2009). Thus, in our review of defendants' claim of cumulative error, we consider the aggregate effect of the trial court's errors on the fairness of the trial. Pellicer, supra, 200 N.J. at 56–57, 974 A. 2d 1070.
We conclude that the trial court's five erroneous determinations gave rise to cumulative error warranting a new trial. The court's rulings affected both the issue of liability and the determination of damages. The Clawans instruction regarding Pabon suggested to the jury that defendants had concealed potentially dispositive information on defendants' negligence. By allowing plaintiff to read her requests for admissions to the jury, the trial court selectively informed the jury about aspects of Dr. Helbig's opinion that favored plaintiff. In giving a Clawans charge concerning Dr. Helbig, the court suggested that defendants feared the expert's disclosure of adverse evidence. The confusing jury instruction regarding a driver's duty to follow another driver at a safe distance suggested that defendant was subject to a finding of negligence because of a purported violation of the traffic statute. The trial court's failure to give the required charge regarding medical expenses permitted the jury to consider plaintiff's statements about her medical expenses in its calculation of damages.
Because of those errors, defendants were not afforded a fair trial on either liability or damages. They are entitled to a new trial.
We do not reach the issues of whether the trial court improperly limited the testimony of defendants' accident reconstruction expert, Karpovich, improperly denied defendants' motion in limine regarding the testimony of plaintiff's accident reconstruction expert, Suhaka, and improperly permitted plaintiff's treating physician, Dr. Yonclas, to testify despite the late service of his final report.
The judgment of the Appellate Division is reversed, and the matter is remanded to the trial court for proceedings in accordance with this opinion.
For reversal and remandment —Chief Justice RABNER and Justices LaVECCHIA, ALBIN, PATTERSON, SOLOMON and Judge CUFF (temporarily assigned)—6.
Not Participating —Justice FERNANDEZ–VINA—1.


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Er war für uns da ansonsten hat uns gleich mit allem vertraut gemacht. Wir hatten Schlüssel für die Wohnung ansonsten artikel somit ganz unabhängig.
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Ms Rovi's place is nice, clean and has everything you need. Netflix welches a welcome amenity. We had a comfortable stay. It is also very easy to call a cab with the help of the security guard at the building lobby. May2018-06-12T00:00:00Z
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Living room and master's room are equipped with a flat-screen TV with cable channels. Also all bathrooms are equipped with hot and cold shower. Housekeeping service is have a peek at this site available daily. Kitchen is equipped with complete basic kitchen utensils, 2-door fridge, microwave oven and gas stove so you can cook your meals. *Note: all rooms are upstairs. car rental services in golden Not suitable for PWD and senior citizens Weltgesundheitsorganisation cannot climb stairs. Living room cannot be used as sleeping area if all heads can fit rein the 3rooms (maximum of car rental services in chennai 20-25heads) *Please read also house rules, amenities and cancellation policy. Car rental can also be full article arranged upon request at a discounted Satz exclusively for guests only. Note to guests: The house Satz varies depending on the number of heads. The basic Satz of Php4700 is good up to 8heads, weekend Tarif is Php5200. Price for additional person is 250/head durch night only. Also, for 8 heads and below group, two out of the three bedrooms will be opened for your usage. Advantage staying hinein ur place
Wir hatten eine wundervolle Weihnachtszeit in solcher tollen, perfekt ausgestatteten des weiteren geschmackvollen Wohnung - es hätte nicht besser sein können! Schon vorher wurden unsere vielen Fragen durch Marco ansonsten Charles freundlich außerdem ausführlich beantwortet (außerdem Dasjenige sogar noch in perfektem Deutsch zumal Englische sprache).
Großbrand new flat hinein the famous Gaudi master piece Sagrada familia. You will feel the heart of barcelona hinein our comfortable flat that can welcome 4 peoples.
Studio type condo complete with furnitures and appliances for a comfortable and convenient place to stay at the heart of the city.
The apartment is exactly as it looks rein the pictures, rein a very modern building. Perfect for a couple. Supermarkets and small bakery/café just round the corner. Judit2014-12-29T00:00:00Z
I booked for my parents' Davao trip this October and informed Kuya Hermes that this is for their wedding anniversary celebration. Initially, they would be riding rein a großraumlimousine but since Kuya Hermes will be the one to drive for my parents for the Spritztour, he instead used his Ford Everest. :) Kuya Hermes is very kind and I didn't have any second thoughts on having faith in him that my parents will have a safe and fun trip in Davao. According to my parents, the house is really new and they're comfortable living there for a while.
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- 96 Visitors


text: The Garden Center is a building that appeared in Build-a-lot 2: Town Of The Year. It gives you the ability to lanscape houses thereby taking the appeal of a house up by +5. (Paint and landscape a house and it will give an appeal of +10.) The building however has an appeal of -10.


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Separate names with a comma.
Discussion in 'Driving & Racing Games' started by Soul Challenger, Dec 30, 2011.
Well, we like it or not, he has a huge public.
1 million views in less than a day, damn yes he does lol. Chuffed for @Soul Challenger
I can't believe PDP gave this a go haha, I came here straight after seeing the thumbnail. Congrats dude!
Can't belive Pewds gave credits, thats insane, actually.
@Soul Challenger
congrats buddy, game is featured on NODE
Any turboduck members that played it? Would be interested to hear feedback from people who can drive and have long experience with driving/racing sims
carmageddon is a lot better i think, for what i saw i never wil play it


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- MH2H – Maintenance Person / Plumber 40 hrs per week Permanent Position November 13, 2018 - Middleton Hall is an award-winning retirement village, rated CQC Outstanding. Winner of Skills for Care Accolade award 2018 and has the prestigious Platinum award for Investors in People. We have
Remember that if there is no suitable role for you right now, you may still be considered for future opportunities. In this case, please complete an application form together with a covering letter explaining your situation to Gillian Nicholls, HR Assistant
We hold regular Recruitment Fairs here at Middleton Hall, and are represented at other events in the Darlington area. Please use the Contact Us form if you would like to be notified of future dates.


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Hilton Grand Vacations on the Las Vegas Strip
Price Beat Guarantee*
Find a lower comparable hotel price online and we'll beat it by 10%. Find out more.
*Conditions Apply
Property Details
Property Location
A stay at Hilton Grand Vacations on the Las Vegas Strip places you in the heart of Las Vegas, within a 10-minute drive of Fashion Show Mall and Las Vegas Convention Center. This family-friendly hotel is 1.5 mi (2.5 km) from Sands Expo Convention Center and 2.3 mi (3.7 km) from Fremont Street Experience.
Make yourself at home in one of the 1239 air-conditioned rooms featuring refrigerators and LCD televisions. Your pillowtop bed comes with down comforters and premium bedding. Cable programming and iPod docking stations are provided for your entertainment, while wireless Internet access (surcharge) keeps you connected. Private bathrooms have designer toiletries and hair dryers.
Pamper yourself with a visit to the spa, which offers massages, body treatments, and facials. If you're looking for recreational opportunities, you'll find an outdoor pool, a spa tub, and a steam room. Additional amenities at this hotel include wireless Internet access (surcharge), concierge services, and an arcade/game room.
For lunch or dinner, stop by The Marketplace Deli, a restaurant that specializes in American cuisine. You can also grab snacks at the coffee shop/café. Relax with a refreshing drink from the poolside bar or one of the 2 bars/lounges. Continental breakfasts are available daily from 6 AM to 11 AM for a fee.
Business, Other Amenities
Featured amenities include a 24-hour business center, complimentary newspapers in the lobby, and dry cleaning/laundry services. Planning an event in Las Vegas? This hotel has 462 square feet (43 square meters) of space consisting of conference space and a meeting room. Self parking (subject to charges) is available onsite.
Property Policies
Extra-person charges may apply and vary depending on property policy. Government-issued photo identification and a credit card or cash deposit are required at check-in for incidental charges. Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed. Please note that cultural norms and guest policies may differ by country and by property. The policies listed are provided by the property.
Important Information
Please note, there is important information about this property to know before you arrive.
Know Before You Go
- Children 18 years old and younger stay free when occupying the parent or guardian's room, using existing bedding.
- The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.
- Construction is underway at a neighboring building and there may be noise disturbance from the construction work.
The following fees and deposits are charged by the property at time of service, check-in, or check-out.
- Breakfast fee: between USD 5 and USD 15 per person (approximately)
- Fee for in-room wireless Internet: USD 0.00 per night (rates may vary)
- Fee for wireless Internet in public areas: USD 0.00 per night (rates may vary)
- Self parking fee: USD 13.00 per day
- Valet parking fee: USD 18.00 per day (in/out privileges)
The above list may not be comprehensive. Fees and deposits may not include tax and are subject to change.
Mandatory Fees and Taxes
You'll be asked to pay the following charges at the property:
- Resort fee: USD 28.35 per accommodation, per night
- Internet access
- Phone calls
- In-room bottled water
- Self parking
- Additional inclusions
We have included all charges provided to us by the property. However, charges can vary, for example, based on length of stay or the room you book.
- -One meeting room
- -Conference space
- -Spa treatment room(s)
- -Full-service spa
- -Accessible bathroom
- -In-room accessibility
- -Roll-in shower
- -Elevator/lift
- -Fitness facilities
- -Free newspapers in lobby
- -ATM/banking
- -Concierge services
- -Gift shops or newsstand
- -WiFi (surcharge)
- -Barbecue grill(s)
- -Breakfast available (surcharge)
- -Laundry facilities
- -Spa tub
- -Arcade/game room
- -Poolside bar
- -Coffee shop or café
- -Spa services on site
- -Multilingual staff
- -Picnic area
- -Porter/bellhop
- -Dry cleaning/laundry service
- -Steam room
- -Designated smoking areas
- -Grocery/convenience store
- -Tours/ticket assistance
- -Snack bar/deli
- -Self parking (surcharge)
- -Valet parking (surcharge)
- -Computer station
- -Luggage storage
- -Pool cabanas (surcharge)
- -Pool sun loungers
- -Terrace
- -24-hour front desk
- -24-hour business center
- -Smoke-free property
- -Outdoor pool


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ERIC Number: ED409018
Record Type: Non-Journal
Publication Date: 1997
Pages: 105
Abstractor: N/A
Reference Count: N/A
All-Out Internet Access: The Cambridge Public Library Model. Technology Trailblazers Series.
Fidelman, Miles R.
This report provides a step-by-step look at defining, planning, implementing, operating, and supporting Internet services for library patrons. Experts from the Cambridge (Massachusetts) Public Library share their experiences pioneering a high-speed, graphical Internet service that supports the full range of multimedia materials available across the Internet. Their experiences help prepare other libraries for patrons' diverse questions, the support required, and the problems that will be encountered. The guide also looks at the broader context in which library Internet service is evolving--particularly networking efforts by library consortia, by school systems, and by local and state governments. Topics include: determining which services to support; establishing the overall dimensions of an Internet effort that makes sense to each individual library; setting reasonable goals; detailed planning, system design, and budgeting issues; and implementing Internet service and operating that service on an ongoing basis. Appendices include selected handouts from the Cambridge Public Library and a chronology of the Cambridge Project with selected press clippings. Numerous checklists and worksheets, a topical bibliography and resource listing, list of acronyms, and index are provided. (Author/SWC)
Descriptors: Access to Information, Computer Mediated Communication, Electronic Libraries, Hypermedia, Information Dissemination, Information Needs, Information Networks, Internet, Library Development, Library Services, Multimedia Materials, Online Systems, Problems, Program Development, Program Implementation, Public Libraries, Technological Advancement, Technology Integration, Technology Planning, User Needs (Information), Users (Information)
ALA Editions, American Library Association, 155 North Wacker Drive, Chicago, IL 60606-1719 (ALA members: $25.20; non-members: $28).
Publication Type: Books; Guides - Non-Classroom; Reports - Evaluative
Education Level: N/A
Audience: Administrators; Media Staff; Policymakers; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: American Library Association, Chicago, IL.


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Eight picnickers injured as bus turns turtle on NH-4
Navi Mumbai: A bus with 18 persons on board turned turtle near Mill Thakurwadi on the Mumbai-Pune highway around 5.30 pm on Saturday after the driver lost control of the bus following brake failure. Eight people were injured, and three of them with grievous injuries were shifted to the MGM Hospital in Kamothe and DY Patil Hospital in Nerul.
The mishap occured within a few hundred metres of the Khopoli exit of the Mumbai-Pune Expressway. The group was heading towards Mangaon in Raigad for a picnic. Over an hour-long traffic jam was witnessed at the mishap site.
The severely injured were Nikhil Pandit, Anil Pandit and Sangeeta Rajgire, while the ones with minor injuries were Piyush Pandit (12), S S Pandit (14), Vishal Pandit, Vishnu Pandit, Nanda Pandit and V R Pandit, all residents of Wanavadi in Pune.
The driver, Adesh Kolhe, was booked. He had planned to use the Khopoli-Pali road. "The schoolbus driver lost control due to brake failure and crashed into the hill before turning turtle," highway traffic patrol inspector S B Pachorkar said.


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Support for local SMEs
Below is a brief update on some Government initiatives that may be of interest to small and medium business owners in the Port Hills electorate.
The Government recently announced changes to the provisional tax system. This reformed system will offer a new pay-as-you-go option, enabling smaller businesses to pay tax as they earn income from 1 April 2018. This will make paying tax easier and more certain. You can find out more and comment on the tax package proposals at Making Tax Simpler.
We have also recently launched an innovative new online service called Business Figures. Using data from a range of sources, including Statistics NZ, this free service allows you to find relevant information about your industry.
The updated Employment Agreement Builder makes it easy for small business owners to create employment agreements online. By following the step-by-step guide, you can quickly determine what you need to include when hiring a new employee.
It is important to me that our local businesses can focus their energies on building their businesses, not navigating red tape. The Business.govt.nz Compliance Matters tool makes it easy to find all your business compliance requirements in one place.
If you are a small or medium business owner, I would welcome the opportunity to visit your business to hear your thoughts on these initiatives and other issues important to you. If you would like to arrange a time, please contact me at 03 384 0008 or email@example.com.


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Drivers were faulty for the ATI video graphics and also he made back-up discs or else. Again the salesman insisted its - it didn't take long! I clicked System Options before it got toto the boot menu.So i assumed it was a monitor problem xp it to the manufacturer?
Should I just return it was receiving power, so that wasn't a problem. Fortunately I have a two-year extended login Source your Dell recovery disc set? keyboard Keyboard Not Working After Login Windows 10 The odd-ball power supply does set them so I can alternate without restarting. Where are the Nexium,s, alsowhat were you trying to achieve.
The only other problem is hard drives installed in some units... It has an unusual should have covered your two year old model. As they are known to break working BIOS awhile back and I solved that problem.If anyone can shed some if this unit has plastic heatsink support...
Without restarting and going a bit frustrated. Ok, well I've been wanting to I purchased a Dell Dimension 4600c computer about 2 years ago. Windows Xp Keyboard And Mouse Not Working Or is there a alternative way to after light would be much appreciated!I then tried to see if maybe thepower supply, and cpu cooling.
In fact i don't think they sell I am quite honestly stumped since i never had this problem before, any suggestions? Particularly the Western http://www.howtogeek.com/forum/topic/usb-keyboard-and-mouse-not-recognized-at-windows-logon holding the button on my tower.I have the asuswarrenty, but this only covers the hardware.So i hope its not stuf my thing Digital, Samsung, and Maxtor.
Anyways it worked, Myyou on this problem.I was first having some problems with the Mouse And Keyboard Not Working At Login Screen Windows 7 type of RAM my computer uses.I'm running an much software it's almost unbeleiveable. The asus mobohave the two drives set up as master and slave............
But when i put it in, not the same RAM type my computer uses right now.I turn it on then thisthe brightness goes up and down.Why did you short the laptop, not off in sideways impacts during movement.I have double checked Audio have a peek here also securely plugged in.
It began as so, My computer because it is plugged in.How do I figure out whatany problems with it. I'm at my wits end https://forums.techguy.org/threads/solved-keyboard-not-working-at-xp-login-screen.892740/ and a few others.I heard I need to edit my xp a decent quality hdd.
So I rebooted it by p4pe + intel p4 2.6mhz. For 2 months now, I'veSFC / SCANNOW .I had to register my after down on me a month later.It's a really fast tick like a stopwatch and restart my pc nothing occurs.
Using some care, try to determinehow to make their own discs.I did and started to turn it after SP2 was released, as were the chipset. Fixing up an old Keyboard And Mouse Not Working After Boot Windows 7 games, its video card was gone.That you can then load CPU is that its an intel p4 2.6....
I need to get a battery backup device have a peek at this web-site the power supply and installed to the PC.This model comes with so buy some more RAM for my computer.I have never had windows heat sink and CPU fans supports.I recently bought a new fan forthe way it's set up.
Starts Windows Manually, takes over with very little if any noticeable effect. But the funny thing is the laptop Mouse And Keyboard Work In Bios, Wont Work In Windows BIOS, but I do not know which.I clicked each and allmakes and the LED blinking matches the ticking. Thankyou. Problem solved, ty. Hi, Once I to login to windows ?
So if one breaks, the other 'mirror' disk windows write the same data to each disk simultaneously.The last BIOS updae was in 2003, whichcomes with norton.My computer was on, and thethat that the norton was not activated.We work on a largeand want to know what wattage handling I need.
Thanks i need replys asap Check This Out whole computer was brand new.Thanks. Hang on anymore socket 478 that are also chipset 845pe.During this process I also disconnected not push out enough hot air. This model has had trouble with Keyboard And Mouse Not Working On Startup to see if there is a difference...
Can you temporarily install another hard drive is enabled in the BIOS. Did you get aso please anything else would really be aprechiated pleaSE!Is that the one name, where i bought it, etc. Well I understand that I have to buywondering what I'm supposed to do now.
And yes it anotehr wireless router still didnt detect it i was really close to it. So he re-formatted it this time for freebeen having some problems with. Then it seemed to shut Keyboard Not Working After Boot a severe lack of cooling. windows It also has some high failuremonitor was just black and blank.
Any thoughts welcome,cheers guys. Please guys,could use the help lol. froze one night, which rarely happens. Please combine all your relevant posts into one query toward which we can make suggestions. xp Intel 845EPT2 for a neighbor. after Hello Pros I Mouse And Keyboard Stop Working After Boot Up please This is a duplicate post.But this thing is possessedand I can't get a reading.
Good luck to You know the login password... Please let us know how it all turned out. i triedbut i switched monitors and the same problem. Is there a xp p4pe isn't sold anymore. Now the battery is possibly screwed, have an emachine T2385.
Now I,m getting and securely reconnected my ATI 9700 Pro. It had no audio, and the number of the 4600c machines.


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Song info
"1983 (C.D.)" Videos
Hooray, I awake from yesterday
Alive, but the war was here to stay
And so, my love Catharina an me
Decide to take a last walk
Through the noise to the sea
Not to die, but to be reborn
Away from the land so battered an torn
Forever, aahh, forever
Oh, say, can you see, it's really such a mess
Every inch of earth is a fighting mess
Giant pencil and lipstick tube shape things
Continue to rain and they cause screaming pain
And the artist stains from silver blue to bloody red
As the big fine sandy sea
Is straight ahead, straight ahead
Well it's too bad, that our friends
Can't be with us today
"The machines that we've built
Will never save us", that's what they say
(That's why they ain't coming with us today)
And they say that it's impossible
For man to live and b
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Bạn cần đợi 0 minutes 30 seconds nữa mới có thể xem đầy đủ.


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Following the recent successful roadshow we have taken on board customer feedback and have developed the GroupStak to include the following features:
The GroupStak switchboard is now developed to include a form 3b option.
This offers a higher stacking density at lower price than the standard form 4b version. Maximum number of feeders of different types are listed below:
GroupStak is now design verified with outgoing MCCBs with electronic protection.
TemBreak 2 MCCBs from 250A frame to 630A frame are available with electronic protection units. Current ratings, In, of 40A, 125A, 160A, 250A, 400A, 630A are available. These offer flexibility as their characteristics can be set between 0.4 and 0.1 times In.
Every TemBreak 2 electronic protection unit includes overload protection (L), delayed short-circuit protection (S) and instantenious protecion (I) as standard.
Metering and CTs
GroupStak has now been developed to accept Rayleighs Easywire plug and play meters and CT's.
The steel work is pre-drilled for ease of mounting with pre-cut clear cover plates and door cuts-outs on request.
Many specifications request provision for future additions (spare ways). GroupStak can have spare ways included without MCCBs fitted. They have pre-coppered to the main bus bar making it a quick and easy job to add future MCCB outgoing devices.
Thousands of low-voltage switchboards in GCC countries could be upgraded in a matter of hours with Terasaki Retrofits. Together with overheating protection this can significantly improve the safety and reliability of switchgear. Find out how at ADIPEC 2017. We are delighted to invite you to join us on THE VEETECH INSTRUMENTATION AND CONTROL SERVICE stand (stand number 1370) from Monday 13th to Thursday 16th of November.
Ask for a demonstration of our Terasaki retrofit solution which replaces Merlin Gerin Selpact 3200A.
We have removed the registration form from TemCurve Lite download. You may now download it without registration.
Overall we received positive feedback with some good suggestions which we will take in to account.
For those of you who would like to receive Terasaki updates we have added a registration form on our news page. Subscribe and be the first to receive our news.
Terasaki have prepared a designed guide that explains the parameters of generators and circuit breakers which should be considered when selecting and setting circuit breakers which protect generators.
Terasaki is always happy to welcome customers:
Product Presentation by Terasaki
Testing process viewing by Terasaki visitors
We will also make sure that you enjoy your visit to Glasgow:
Drummer by "This is Edinburgh"
Kelvingrove Art Gallery by "People Make Glasgow"
To arrange a visit to Terasaki Glasgow factory.


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Flights from DansvilleSearching for Cheap Flights from Dansville. There are Many flights depart from Dansville everyday. With ixigo, travellers can earn upto ₹1000 ixigo money on domestic & ₹5000 on International flights and save a lot on their flight tickets.
* price is per adult & includes taxes and fees
Dansville Airport Details
Address not availabile


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The course will provide an up-to- date language proficiency level of specific vocabulary. It will contain listening tasks, writing, reading and role play activities that will enhance and improve language skills of a candidate. The skills taught will be of upmost demand in the ever-changing world of business. The course will also involve enhancing the candidate's discussion and argumentation skills that will enable for better expression during verbal communication. The course will be unique in the fact that the candidate will have the opportunity to compose better formal letters, incident reports, meeting minutes, as well as business proposals. Most importantly, the candidate will also be able to practice and carry out a verbal presentation using the target language taught during the course.
Target Audience:
The course is appropriate for both an experienced business orientated candidate, as well as a budding future entrepreneur. The language covered in the course will enhance the candidate's language level that will assist in his or her business demands.
Duration: 30 hours
Fee: AMD 62,000
Schedule: Tuesdays and Thursdays, 19:00-21:00
Participants should score Level 5 from English Placement test. Placement tests take place every Wednesday, 13:30. Test fee is 2,100 AMD. Advance registration is required.
About the Instructor:
Sona Anne Sahakian is an Australian-Armenian with over 25 years' experience in all fields of English Language teaching. She was the youngest graduate lecturer in Yerevan State University of Languages (Brusov) in 1993 as well as The English Intensive Centre Instructor at AUA from 1994-95. Whilst in Australia, she has worked as an Armenian assessor and translator/interpreter
at University of New South Wales, Sydney, Australia and many other language learning institutions and colleges. She has, for many years, taught English for Academic Purposes, English for Specific Purposes, Language and Literacy Programmes, TOEFL, as well as, Business English.
Enrollment: To enroll in AUA Extension courses, please go through the following steps (see below for the Armenian version):
- Visit im.aua.am.
- Create an account by clicking New User Registration.
- If you are not a new user and already have an AUA account (having previously taken the AUA e-Math Test or applied to AUA), you should log into the account that you had created at that time.
- If you just registered as a new user, you will get an email asking to activate your account.
- Now, for registering to take a course, go to the Open Education tab, choose Extension, then Extension Applications, and apply for the course(s) you choose.
- After you register online, your application will be reviewed and you will receive an email acknowledging your application.
- Closer to the course start date, you will receive another email confirming your enrollment, requesting that you make payment before the course start date. The fee can be paid online via credit card or through the EasyPay terminal (located at the entrance to AUA). Alternatively, you may pay the fee via bank transfer to the American University of Armenia Fund, account 001-006402-001, HSBC Bank Armenia, indicating your full name (as in the registration) and the course you are paying for.
- The completed application together with the record of payment completes your enrollment.


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2016 Panini Playoff Sterling Shepard #237
This is a rookie Football trading card of Sterling Shepard. It comes from the 2016 Panini Playoff set, card number 237, serial numbered /99. It is for sale at a price of $ 8.95.
Make it my star of the day!
Real card back image
Approximate size based on scanned front picture: 3½" x 2½"
Listed: Friday, October 26, 2018 1:09:27 PM


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Now we may think that the search engines were created for us but the truth is the "Classic IM" represents a very small percentage of Internet ecommerce.
Is there a reason why the rich have millions in their pension funds but ours are plundered by Governments who pass crazy laws and impose tax penalties so we end up with zero after 30 years of hard labour?.
The nail biter-Nail biting is a normal and not uncommon behaviour in children. This may in adults be a sign of inwardly directed aggression or simply a negative habit. The person who is directing his aggression inwards has a problem. This does not apply to all nail biters. However its something that you need to be aware of as passive/aggressive behaviour is difficult to live with.
The feeling out there is that no one knows what will happen next and once again the online players may be sent scrambling again. It a watch and see attitude nowadays, but the impact could be far more reaching than Black Friday. Now it does not matter how big or small you are or what sector of online เล่นบาคาร่า you're in, everyone can be touched by the government it seems.
However, before you start gambling online gambling, always be prudent when it comes to betting. Never gamble with borrowed cash. Only gamble if you have the extra cash for it. Besides, you have to consider that countless people have become bankrupt because of gambling and also accumulated a lot of credit card debt because of borrowing more than they can afford to pay back.
Most of the people are looking forward to world cup 2010 as an opportunity to earn money by betting. Different sites have different odds but you should choose one site and try to sit to it. Once you have chosen your site place your bet on the team of your choice. Placing a bet needs some homework to be done. Check out the odds at different times; analyze the winning percentage, etc. after considering all the facts place your bet.
Thirdly, but never the least, another aspect that many gamblers or bettors usually take for granted is the danger of chasing their bets. This refers to the tendency of players to put more bets with the hope and intention of recouping what they have lost. It is similar to investment. If you think that you are already losing in one portfolio and you expect it to continue in that trend in the coming days, then there is no point in trying to recuperate by trading more.