text:
There are three choices a NJ municipality may make regarding the jurisdiction
of the elevator subcode in its town. It may give jurisdiction to the State, it may
hire its own local Subcode Official, or it may subcontract to a third party
If the State has jurisdiction in a town, the Elevator Safety unit coordinates
inspections between the owner, elevator company and the State. The unit
conducts all cyclical and acceptance (inspections under permit) inspections.
Owners are billed for inspections directly by the State.
In all three circumstances, Municipal Construction Officials are expected to
periodically review the list of registered elevator devices in their municipalities
and bring any necessary changes to the Elevator Safety unit's attention via email to firstname.lastname@example.com
Click here to view the list of registered elevator devices.
If the State has jurisdiction in a town, this unit also coordinates the Elevator
Subcode portion of Plan Review and Permitting with the municipality and the
applicant/owner. The unit reviews building plans containing elevator devices
(for a partial release) at the municipality's office. All elevator (layouts) plans
are reviewed (for a final release) at the State office, owners/applicants are
billed and releases are completed. The local Construction Official is notified of
the elevator release and permit documentation is coordinated between the
required parties.
Technical assistance is given to all parties requesting help specific to the
Elevator Subcode. Monitoring of Subcode Officials and Inspectors in
municipalities and third party agencies is carried out routinely. A penalty
enforcement process is utilized where violations are not abated timely.
Related Forms and Publications
lifts pre-approval letter form 7-19-2014
Request for Final Acceptance Inspection For New Work
Elevator Registration Application
Seasonal Application
Application for Transfer of Owner
UCC-F326, Elevator Devices -Accident/Incident Report
UCC-F150, Elevator Subcode Technical Section
UCC-F155, Elevator Subcode Technical Section -Multiple Devices
UCC-F160, Application for Variation
Bulletin 94-7, Plans for Elevator Devices
Laws, Rules, Regulations
Elevator Safety Subcode
NJAC 5:23-12A Optional Elevator Inspection Program
that prior to the event, the elevator in question had recurring problems.
Specifically, in the month before her accident, on November 30 and December
6, 2010, repair technicians addressed issues with the elevator. Plaintiff also
argued that about twelve hours prior to her accident, technicians were called
to "troubleshoot [the] controller and valve" on the elevator in response to a
reported problem. The technician returned the elevator to service less than an
hour before plaintiff entered it.
After discovery ended, defendants filed a motion for summary judgment
dismissing the case contending that plaintiff's expert's report should be
stricken as a net opinion, and that the doctrine of res ipsa loquitur did not
apply in the case. After hearing oral argument, the trial judge granted
defendants' motion. The trial judge first struck plaintiff's expert's report as a
net opinion. The trial court then concluded that, without an expert opinion
establishing negligence, summary judgment was appropriate because "the
common knowledge of lay jurors is incapable of assessing negligence of both
defendants" and thus, "there [was] no basis for a reasonable jury to find in
favor of the plaintiff[.]"
The trial court also found that plaintiff could not proceed under a theory of res
ipsa loquitur since an expert's testimony was still required to determine
whether defendants were negligent in maintaining and operating the elevator.
The trial court reasoned that the mechanics of how elevators work was a
complex issue that jurors could not understand without the assistance of
expert testimony. This appeal followed.
On appeal, plaintiff's sole contention is that the trial court erred in granting
summary judgment as expert testimony was not required for plaintiff to
proceed under a theory of res ipsa loquitur.1 We agree.
We review a trial court's decision to grant or deny summary judgment de
novo, Heyert v. Taddese, 431 N.J. Super. 388, 411 (App. Div. 2013), utilizing
"'the same standard [of review] that governs the trial court.'" Mem'l Props.,
LLC v. Zurich Am. Ins. Co., 210 N.J. 512, 524 (2012) (quoting Henry v. N.J.
Dep't of Human Servs., 204 N.J. 320, 330 (2010)). Because our review is de
novo, we "accord no deference to the trial judge's conclusions on issues of
law." Depolink Court Reporting & Litig. Servs. v. Rochman, 430 N.J. Super. 325,
333 (App. Div. 2013). Thus, the evidence must be viewed "in the light most
favorable to the non-moving party" and must be analyzed to determine
"whether the moving party was entitled to judgment as a matter of law."
Mem'l Props., supra, 210 N.J. at 524 (citing Brill, supra, 142 N.J. at 523); see
also R. 4:46-2(c).
The doctrine of res ipsa loquitur arose from public policy concerns in order to
allow "a blameless injured plaintiff to obtain an inference of negligence where
certain required factors are present." Mayer v. Once Upon A Rose, Inc., 429
N.J. Super. 365, 374 (App. Div. 2013). The doctrine creates a permissive
inference, which may be accepted or rejected by a jury, that "if due care had
been exercised by the person having control of the instrumentality causing
the injury, the mishap would not have occurred." Ibid. (citations omitted).
Res ipsa loquitur "permits an inference of defendant's negligence where (a)
the occurrence itself ordinarily bespeaks negligence; (b) the instrumentality
was within defendant's exclusive control; and (c) there is no indication in the
circumstances that the injury was the result of the plaintiff's voluntary act or
neglect." Jerista v. Murray, 185 N.J. 175, 192 (2005) (internal citations and
quotation marks omitted). While the doctrine does not shift the burden of
proof, the presentation of a prima facie case based on res ipsa generally
assures that a plaintiff "will survive summary judgment." Id. at 193.
"Whether an occurrence 'ordinarily bespeaks negligence' depends on the
balancing of probabilities being in favor of negligence." Buckelew v.
Grossbard, 87 N.J. 512, 526 (1981). It follows that a plaintiff has demonstrated
the doctrine of res ipsa loquitur "if it is more probable than not that the
defendant has been negligent." Myrlak v. Port Auth. of N.Y. & N.J., 157 N.J. 84,
95 (1999) (citing Buckelew, supra, 87 N.J. at 526).
New Jersey courts have consistently recognized the doctrine of res ipsa
loquitur in cases involving malfunctioning complex instrumentalities such as
escalators, elevators, and automatic sliding doors. See, e.g., Rose v. Port of
N.Y. Auth., 61 N.J. 129, 136-37 (1972) (holding that res ipsa loquitur could be
invoked where the plaintiff was injured by an automatic sliding door);
Rosenberg v. Otis Elevator Co., 366 N.J. Super. 292, 298, 300-03 (App. Div.
2004) (finding that res ipsa loquitur applies where the plaintiffs were injured
after an elevator dropped three floors); Pisano v. S. Klein on the Square, 78
N.J. Super. 375, 379, 395-97 (App. Div.), certif. denied, 40 N.J. 220 (1963)
(holding that res ipsa loquitur could be used to show negligence with respect
to the defendant's escalators).
It is important to note that res ipsa loquitur "is not a theory of liability[.]"
Myrlak, supra, 157 N.J. at 95. Rather, it is a method by which plaintiffs can
circumstantially prove the existence of negligence by permitting the factfinder to infer that the defendants were negligent or failed to act with due
care. See Rosenberg, supra, 366 N.J. Super. at 301 (internal citations omitted).
"Where applicable, res ipsa allows a plaintiff to establish a prima facie case
and to withstand a motion to dismiss for lack of direct proof of negligence. Res
ipsa does not shift the burden of proof to the defendant, but only the burden
of producing evidence." Knight v. Essex Plaza, 377 N.J. Super. 562, 569 (App.
Div. 2005), overruled on other grounds by Jerista, supra, 185 N.J. at 195 (citing
Myrlak, supra, 157 N.J. at 96).
Under the first element of res ipsa loquitur, courts have concentrated
primarily on two factors: (1) whether it is more probable than not that the
defendant was negligent in causing the accident2 and (2) whether plaintiff
must present expert testimony. This first factor focuses on whether the
accident is of the type that would not ordinarily occur absent negligence.
Buckelew, supra, 87 N.J. at 526. Plaintiffs are not required to explain all of the
reasons why an instrument has malfunctioned or to eliminate each of these as
the true cause of the malfunction. Rather,
[t]he requirement as it is generally applied is more accurately stated as one
that the evidence must afford a rational basis for concluding that the cause of
the accident was probably "such that the defendant would be responsible for
any negligence connected with it." That does not mean that the possibility of
other causes must be altogether eliminated, but only that their likelihood
must be so reduced that the greater probability lies at defendant's door.
[Brown v. Racquet Club of Bricktown, 95 N.J. 280, 292 (1984) (internal
citations omitted).]
Moreover, instead of requiring the plaintiff to eliminate these other causes, res
ipsa shifts the burden to the defendant to explain why the instrumentality
excess of the allowable thirty pounds." Noting that Farrell did not know "the
force that the doors exerted on closing," Howarth concluded, "if the
retractable safety edge and electric eye [had] worked properly the accident
would not have occurred." Assigning blame to Farrell, Howarth asserted,
"without properly testing the doors' closing force it is entirely probable they
could have malfunctioned...."
We agree with the Law Division judge that this evidence was too slim a reed
to support application of the res ipsa loquitur doctrine. The Latin phrase
means "the thing speaks for itself." The rule creates an allowable inference of
negligence when the following three conditions have been met: "(1) the
occurrence itself ordinarily bespeaks negligence, (2) the instrumentality was
within the defendant's exclusive control, and (3) there is no indication in the
circumstances that the injury was the result of the plaintiff's own voluntary act
or neglect." Myrlak v. Port Auth. of N.Y. and N.J., 157 N.J. 84, 95, 723 A.2d *295
45 (1999); Brown v. Racquet Club of Bricktown, 95 N.J. 280, 288-92, 471 A.2d
25 (1984); Vespe v. DiMarco, 43 N.J. 430, 437, 204 A.2d 874 (1964). Where
applicable, the doctrine is a method of circumstantially proving the
commission of a negligent act. Tierney v. St. Michael's Medical Center, 214
N.J.Super. 27, 30, 518 A.2d 242 (App.Div.1986), certif. denied, 107 N.J. 114,
526 A.2d 184 (1987).
Whether an occurrence ordinarily bespeaks negligence is based on the
probabilities a party acted without the exercise of due care. Thus, res ipsa
loquitur is available "if it is more probable than not that the defendant has
been negligent." Myrlak v. Port Auth. of N.Y. and N.J., 157 N.J. at 95, 723 A.2d
45. Stated somewhat differently, the proper test of the applicability of the
doctrine is whether there is evidence from which the court can find that in the
ordinary course of things, the mishap, more likely than not, was the result of
the defendant's negligence. Hillas v. Westinghouse Electric Corp., 120
N.J.Super. 105, 113, 293 A.2d 419 (App. Div.1972).
We agree that an automatic door closing like a vice upon a person attempting
to enter an elevator is an occurrence that bespeaks negligence or a product
defect. But more is required under the res ipsa loquitur doctrine. Specifically,
the evidence must support a reasonable inference that it was the defendant
who was at fault.
This qualification can best be illustrated by comparing the facts of this case
with those present in Allendorf v. Kaiserman Enterprises, 266 N.J.Super. 662,
630 A.2d 402 (App.Div.1993). There, the plaintiff sued an elevator
maintenance company for injuries sustained when the elevator doors closed
as she was attempting to enter the unit. Several weeks before the accident,
the defendant received a report that an "anti-skid" device had been wedged
under the bottom of the elevator door. The defendant's mechanic removed
the device, but discovered that the safety edge on the elevator door had been
bent. The mechanic straightened the safety edge "as best [he] could." He also
tried to readjust the electric eye so that it would not be activated by the bend
in the safety edge, but it was unclear whether he was successful in this
endeavor. Early on the day of the accident, the defendant received a report
that the elevator door was sticking. A mechanic was sent to fix the problem.
Exactly what repair work was done was not known. Plaintiff's expert concluded
that the electric eye safety device was known to be out of service for a long
enough time prior to the accident to have been repaired. He also found that
the elevator was generally in a poor state of repair during the period prior to
plaintiff's accident.
We do not suggest that plaintiff's expert was required to "pinpoint the causal
negligent act." Ibid. To serve as the foundation for application of res ipsa
loquitur, however, such expert testimony should have provided an explanation
in lay terms of the possible ways in which the accident could have occurred
that would more likely than not point to defendant's negligence as a
substantial contributing cause. Id. at 546, 575 A.2d 858. Howarth's report and
deposition testimony did not satisfy this foundational requisite. The conclusion
ultimately drawn by Howarth constituted a net opinion. Buckelew v.
Grossbard, 87 N.J. 512, 524, 435 A.2d 1150 (1981).
Accordingly, the summary judgment is affirmed.
JERISTA v. MURRAY
842 A.2d 840 (2004)
367 N.J. Super. 292
Terry JERISTA and Michael Jerista, her husband, Plaintiffs-Appellants, v. Thomas
M. MURRAY, Jr., Esq., Defendant-Respondent.
Superior Court of New Jersey, Appellate Division.
Decided February 17, 2004.
Jack L. Wolff, Morristown, argued the cause for appellants (Mr. Wolff, of
counsel; Marc J. Friedman, Parsippany, on the brief).
Mark M. Tallmadge argued the cause for respondent (Bressler, Amery & Ross,
attorneys; Mr. Tallmadge and Diana C. Manning, on the brief).
Before Judges KESTIN, AXELRAD and LARIO.
[842 A.2d 841]
The opinion of the court was delivered by AXELRAD, J.T.C. (temporarily
In this legal malpractice action, plaintiffs, Terry Jerista1 and Michael Jerista,
appeal from summary judgment in favor of their former attorney, defendant,
Thomas J. Murray, Jr. We affirm.
On August 30 or 31, 1987, plaintiff was injured on the premises of the Shop
Rite supermarket in Hasbrouck Heights. The facts surrounding the accident
are sketchy. According to plaintiff's deposition in the current action, her
husband, pushing their child in a shopping cart ahead of her, entered the
store uneventfully. As plaintiff entered, the automatic door suddenly swung
back and closed on her, causing injury to her wrist, forearm, and back.
Plaintiffs retained defendant, and on April 7, 1989, he filed suit on their behalf
against Shop Rite. Shop Rite filed a third-party complaint against New Jersey
Automatic Door, Inc., the company responsible for installation and
maintenance of the door. Defendant did not obtain any photographs or hire
any expert to inspect the door. On June 22, 1990, plaintiffs' complaint against
Shop Rite was dismissed for failure to answer interrogatories. Defendant did
not move to reinstate his clients'
[842 A.2d 843]
claim. Plaintiffs allege they had no knowledge of the dismissal until ten years
later, at which time they filed suit against defendant for legal malpractice.
In the current action, plaintiffs retained an expert, Daniel M. Hurley, Esquire,
who opined as to defendant's malpractice. Plaintiffs also provided a report
from a medical expert regarding Terry's injuries. Plaintiffs provided no expert
report regarding the alleged malfunction of the door.
In his report, Hurley asserts malpractice in defendant's failure to properly
investigate the accident, in failing to determine who manufactured and
installed the door and the door-operating mechanism, and in failing to realize
that the case was both a "Negligence and Product Liability case." Hurley also
found negligence in defendant's failure to prepare draft answers to
interrogatories served upon his clients, failure to prevent the case from being
dismissed, and failure to advise his clients of the dismissal.
Defendant's legal malpractice expert, Diane Marie Acciavatti, opined that
plaintiff could not prove causation in her claim against defendant because she
did not offer an expert to testify as to any defective condition of the door,
plaintiff was comparatively negligent in proceeding through an automatic
door, which had opened in the wrong direction, and plaintiff would be unable
to prove that her injuries resulted from the incident at Shop Rite rather than
numerous unrelated medical conditions.
Defendant moved for summary judgment, claiming that even if there were a
breach of duty by defendant-attorney, plaintiff failed to demonstrate a
proximate link of damages to the breach. Plaintiff responded that, because of
the passage of time, she was unable to produce any proof that the door
presently on the Shop Rite premises was the same door that caused her
injuries. Therefore, she could not obtain an expert who would establish a
manufacturing, design, or installation defect of the door that was involved in
the accident.
The Law Division judge granted summary judgment to defendant because of
plaintiffs' failure to produce an expert regarding the liability of the
manufacturer or installer of the door or of Shop Rite. More specifically,
plaintiffs failed to establish a "case within a case", i.e., had the initial action
been pursued, it would have resulted in a favorable recovery. Conklin v.
Hannoch Weisman, 145 N.J. 395, 417, 678 A.2d 1060 (1996). The court
determined that plaintiffs' "case within a case" was grounded upon products
liability and governed by the Products Liability Act, N.J.S.A. 2A:58C-1 to -11.
The court rejected plaintiffs' res ipsa loquitur argument, and held that, without
an expert, plaintiffs were unable to establish a prima facie showing of
causation. Although the record is unclear, it appears the court also concluded
that the Products Liability Act subsumed plaintiffs' premises liability claim
against Shop Rite.
Plaintiffs argued before the trial court and on appeal that Terry had a viable
premises liability negligence case against Shop Rite, which did not require
expert testimony. According to plaintiffs, the supermarket's breach of duty
could be inferred using the doctrine of res ipsa loquitur, and that was
sufficient to defeat defendant's summary judgment motion.
We do not necessarily agree that plaintiff's products liability claim subsumed
her negligence claim. We need not address that issue, however, in view of our
determination that, as a matter of law, plaintiff is not entitled to a res ipsa
loquitur inference on her underlying negligence action against Shop Rite. Nor
do the dynamics of this case merit relieving plaintiff from the
[842 A.2d 844]
requirement of having to prove a "suit within a suit" in order to sustain her
legal malpractice claim. See Lieberman v. Employers Ins. of Wausau, 84 N.J.
325, 342, 419 A.2d 417 (1980) (holding, that under certain limited
circumstances, a "plaintiff should not be restricted to the more or less
conventional mode of trying a `suit within a suit' to establish entitlement to
damages in a malpractice action.")
In a negligence case, a plaintiff must establish that the defendant breached a
duty of reasonable care, which was a proximate cause of the plaintiff's
injuries. Brown v. Racquet Club of Bricktown, 95 N.J. 280, 288, 471 A.2d 25
(1984) (citing Hansen v. Eagle-Picher Lead Co., 8 N.J. 133, 139-40, 84 A.2d
281 (1951)). Res ipsa loquitur is a method of circumstantially proving the
existence of negligence. Myrlak v. Port Authority of N.Y. and N.J., 157 N.J. 84,
95, 723 A.2d 45 (1999), (citing Tierney v. St. Michael's Medical Ctr., 214
N.J.Super. 27, 30, 518 A.2d 242 (App.Div.1986), certif. denied, 107 N.J. 114,
526 A.2d 184 (1987)). Res ipsa loquitur is not a theory of liability; rather, it is
an evidentiary rule that governs the adequacy of evidence in some negligence
cases. Id. at 95, 723 A.2d 45. "The rule in effect creates a `permissive
presumption' that a set of facts `furnish reasonable grounds for the inference
that if due care had been exercised by the person having control of the
instrumentality causing the injury, the mishap would not have occurred.' "
Brown, supra, 95 N.J. at 288-89, 471 A.2d 25 (quoting Bornstein v. Metro.
Bottling Co., 26 N.J. 263, 269, 139 A.2d 404 (1958)). Thus, the rule permits a
plaintiff "the advantage of the inference of negligence to discharge the burden
of proving negligence." Jimenez v. GNOC, Corp., 286 N.J.Super. 533, 543, 670
A.2d 24 (App.Div.) (quoting Vespe v. DiMarco, 43 N.J. 430, 436-37, 204 A.2d
874 (1964)), certif. denied, 145 N.J. 374, 678 A.2d 714 (1996). However, the
inference does not shift the burden of proof to defendant. Eaton v. Eaton, 119
N.J. 628, 639, 575 A.2d 858 (1990); Buckelew v. Grossbard, 87 N.J. 512, 526,
435 A.2d 1150 (1981). The doctrine confers upon the plaintiff an inference of
negligence sufficient to establish a prima facie case at the close of plaintiff's
evidence. Buckelew, supra, 87 N.J. at 526, 435 A.2d 1150; see also Vespe,
supra, 43 N.J. at 436-37, 204 A.2d 874.
The doctrine of res ipsa loquitur permits an inference of defendant's want of
due care when: "(a) the occurrence itself ordinarily bespeaks negligence; (b)
the instrumentality was within the defendant's exclusive control; and (c) there
is no indication in the circumstances that the injury was the result of the
plaintiff's own voluntary act or neglect." Myrlak, supra, 157 N.J. at 95, 723
A.2d 45 (quoting Bornstein, supra, 26 N.J. at 269, 139 A.2d 404).
In opposition to defendant's summary judgment motion, plaintiff presented
evidence that her husband and baby entered through the automatic doors
without incident, and when she followed, the doors closed on her. Plaintiff
produced two service reports pertaining to a Stanley Magic Swing door at
Shop Rite's premises. One, dated a few days prior to the accident, indicated
the "operator [was] internally damaged" and a part was to be ordered and
installed. The other, dated September 9, 1987, about ten days after the
accident, stated that the "damaged operator" was replaced.
When an injury is caused by a piece of complex machinery, the plaintiff must
typically provide expert testimony regarding that machinery. Gore v. Otis
Elevator Co., 335 N.J.Super. 296, 302-03, 762 A.2d 292 (App.Div.2000);
Jimenez, supra, 286 N.J.Super. at 544, 670 A.2d 24.
[842 A.2d 845]
The requirement for expert testimony in complex instrumentality cases results
logically from New Jersey law that res ipsa loquitur is inapplicable where the
injured party fails to exclude other possible causes of the injury. While the
plaintiff need not reduce altogether the possibility of other causes, she must
bring forth affirmative evidence that tends to "exclude other possible causes
of the injury."
Clearly, then, a plaintiff is not entitled to bring her case to a jury under res
ipsa loquitur any time there is an unexplained accident for which a defendant
might plausibly be responsible. Rather, a plaintiff has the burden of producing
evidence that reduces the likelihood of other causes so "that the greater
probability [of fault] lies at defendant's door." Only then may a jury properly
draw an inference of negligence. Without an expert... the plaintiff has not
excluded possible causes of the alleged incident and thus cannot take
advantage of res ipsa loquitur.
[Jimenez, supra, 286 N.J.Super. at 544-45, 670 A.2d 24 (internal quotations
and citations omitted).]
The cases of Rose v. Port of New York Auth., 61 N.J. 129, 293 A.2d 371 (1972)
and Allendorf v. Kaiserman Enterprises, 266 N.J.Super. 662, 630 A.2d 402
(App.Div. 1993), relied upon by plaintiffs, do not support the application of res
ipsa loquitur in this case. In Rose, the plaintiff was struck in the face by an
automatic glass door at the airport when he came into close proximity with it.
Rose, supra, 61 N.J. at 133, 293 A.2d 371. In Allendorf, as the plaintiff was
entering a self-service elevator in an office building behind her two-year old
daughter, the automatic door closed on her and pinned her against the door
frame, pushing her with increasing pressure against the wall. Allendorf, supra,
266 N.J.Super. at 667, 630 A.2d 402.
Although these cases may, arguably, be factually similar to the case before
us, they differ significantly in the quantum of proof presented by each of the
plaintiffs. In Rose, the plaintiff offered two experts, one who testified regarding
the normal operation of the automatic door, and one who opined that four
possible defects in design or operation may have caused the accident. Rose,
supra, 61 N.J. at 135-36, 293 A.2d 371. The Court held that the experts'
opinions as to possible malfunctions of the door were sufficient to withstand a
Rule 4:37-2(b) motion for involuntary dismissal under a res ipsa loquitur
theory, even though the experts were unable to pinpoint the actual
operational failure that did occur. Id. at 136-37, 293 A.2d 371.
In Allendorf, the plaintiff offered an engineering expert who testified that the
elevator was generally in a poor state of repair and that, according to service
records, the elevator's electronic eye safety device was known to have been
out of service for a sufficient period prior to the accident to have been
repaired. Allendorf, supra, 266 N.J.Super. at 668, 630 A.2d 402. The evidence
presented to the jury pointed to the electronic eye safety device as the
probable malfunctioning part, and showed that similar malfunctions had
occurred within hours of the plaintiff's accident. Id. at 667, 630 A.2d 402.
Moreover, the maintenance company had sent an employee to service the
specific elevator that caused plaintiff's injuries during that time. Id. at 671,
630 A.2d 402. Accordingly, the evidence presented by the plaintiff supported
a sufficient foundation for a jury instruction on res ipsa loquitur. Id. at 668,
630 A.2d 402.
Plaintiff in this case did not offer a similar quantum of evidence in support of
her claim of negligent maintenance. The
[842 A.2d 846]
only evidence she presented was that an "operator" of the automatic door
was internally damaged and a part required replacement a few days prior to
her accident. She offered no proof, or even a theory, as to which part it was.
Nor did she offer any connection between the part needing replacement and
her injury. Moreover, plaintiff offered no evidence whatsoever reducing the
likelihood of other possible causes of her injury. She provided no evidence as
to whether the door had been operating safely between the time the part was
ordered and her traumatic entry. Nor did she provide the court with any expert
testimony as to the normal operation of the automatic door or a theory as to
how or why the automatic door malfunctioned when she entered but did not
when her husband and child preceded her. The only expert she presented was
an attorney who opined as to defendant's malpractice.
We recognize that in some circumstances involving complex instrumentalities,
an expert may not be required to satisfy res ipsa. Rosenberg v. Otis Elevator
Co., 366 N.J.Super. 292, 306, 841 A.2d 99 (App.Div.2004). The focus must
center on "the sufficiency of the evidence tending to reduce or rule out the
likelihood of causes other than those attributable to the defendant(s)." Ibid. In
determining whether an expert is required, consideration must be given to the
manner in which the accident occurred, regardless of whether it involves a
complex instrumentality, and whether it would be capable of bespeaking
negligence by defendant to a lay person. Ibid. This is not such a case. Plaintiff
accident would not have occurred. Plaintiff failed to present evidence that
Shop Rite failed to properly maintain the automatic doors, warn of any
defective equipment, and adequately maintain the premises so as to prevent
injury to its customers-invitees. See, e.g., Butler v. Acme Markets, Inc., 89 N.J.
270, 445 A.2d 1141 (1982). Plaintiff's evidence, considered in the light most
favorable to her, Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666
A.2d 146 (1995), is insufficient to raise a debatable question and get to a jury
on her negligence action against Shop Rite for failing to maintain safe
premises for its patrons. Accordingly, summary judgment was properly
granted to defendant. We affirm a judgment on appeal if it is correct, even
though the judge gave different reasons for it. Isko v. Planning Bd. of Tp. of
Livingston, 51 N.J. 162, 175, 238 A.2d 457 (1968).
KESTIN, P.J.A.D., dissenting.
Viewing the facts indulgently in favor of plaintiffs at this stage of the
proceedings, as we must, see Brill v. Guardian Life Ins. Co., 142 N.J. 520, 540,
666 A.2d 146 (1995), it is remarkableand paradoxicalthat an attorney who
so clearly breached his duties of due care and diligence in handling his clients'
cause, and so completely defaulted on his duty of fidelity and full disclosure
as this defendant is alleged to have done, should benefit from his own
transgressions when finally called to account in a lawsuit for professional
malpractice. We ought not to permit a sterile adherence to processes crafted
to achieve just results in most cases to apply in this matter in a way that
perverts good sense and the requirements of justice. I am not content to allow
the outrageously patent and pervasive derelictions of duty allegedly
[842 A.2d 848]
perpetrated by this defendant to pass without an appropriate response.
The "case within a case" rubric, so unremittingly applied by the trial court and
the majority in this appeal to non-suit plaintiffs, is not an unvarying rule of
liability or damages in all legal malpractice suits. Thus, whether or not
plaintiffs were entitled to the benefit of a res ipsa loquitur presumption in their
underlying negligence action is not dispositive of their claim against the
defendant herein.
In Lieberman v. Employers Ins. of Wausau, 84 N.J. 325, 419 A.2d 417 (1980),
the Supreme Court held that the "suit within a suit" approach is but one way
to prove a legal malpractice claim, not the exclusive mode. The Court
that it should be within the discretion of the trial judge as to the manner in
which the plaintiff may proceed to prove his claim for damages and that the
appropriate procedure should, if not otherwise agreed upon between the
parties, be settled through pretrial proceedings. We need not here delineate in
final detail what alternatives must be considered except to observe that they
include the "suit within a suit" approach or any reasonable modification
In determining how the claim may best be presented in order to promote a
just adjudication, the trial judge must evaluate the dynamics of the particular
case instead of proceeding by rote. All applicable factors must be realistically
considered, including the theories advanced in the instant action and those
that were and could have been developed in the underlying suit, see id. at
342-43, 419 A.2d 417, the nature and extent of the alleged "professional
mishandling" that gave rise to the malpractice suit, see id. at 343, 419 A.2d
417, and the degree to which the passage of time especially where the
defendant bears the responsibility for it "skew the proofs" or otherwise
defeat the claimants' ability to prove their claim in a "trial within a trial." Ibid.
It is singularly inappropriate to apply a high standard of proof to plaintiffs at
the summary judgment stage. See Vahila v. Hall, 77 Ohio St.3d 421, 674
N.E.2d 1164, 1171 (1997).
Especially where the claims if established, bespeak such patent departures
from accepted standards of attorney conduct as are alleged here, the trial
judge should not hold the plaintiffs to modes of proceeding that would be
"awkward and impracticable." Ibid. "[T]he "suit within a suit" rule may well
suffer from an undue rigidity." Gautam v. De Luca, 215 N.J.Super. 388, 398,
521 A.2d 1343 (App. Div.1987). "A standard of proof that requires a plaintiff to
prove a virtual certainty that, but for defendant's negligence, the plaintiff
would have prevailed in the underlying action, in effect immunizes most
negligent attorneys from liability." Erik M. Jensen, The Standard of Proof of
Causation in Legal Malpractice Cases, 63 Cornell L.Rev. 666, 670 (1978).
Defendant ought not to be immune from liability for his omissions to plan and
plead the underlying case properly; for his failures to prepare the case in an
acceptable fashion, including conducting discovery in a professionally
responsible way; for his breaches of the duty to protect plaintiffs' claims
procedurally; or for his intentional acts in deceiving them about the posture of
their suit. Assuming the truth of the factual allegations plaintiffs make, as we
must at this stage of the proceedings, defendant earned no indulgence from
the court in this malpractice action. Instead of hewing to a formalistic line and
dismissing the instant claim on "case within a case" grounds, the trial court
and we, as custodians of the legal and professional standards the breach of
which so victimized these
[842 A.2d 849]
claimants, owe plaintiffs a creative treatment of the issues so as not to
deprive them of an opportunity to establish the truth of their allegations and
the extent of the damages they suffered by reason of the derelictions claimed.
This defendant's own conduct, as alleged, may well have been responsible, in
whole or in large part, for any present limitations on plaintiffs' capacity to
prove their "case within a case."
In addition to fashioning a more flexible view of how plaintiffs might proceed
on issues of liability, see Lieberman, supra, 84
N.J. at 343, 419 A.2d 417, it would be appropriate to consider applying, as
well, in cases of this type, a legal-malpractice version of the "increased risk of
harm" standard available in certain medical malpractice actions. See Evers v.
Dollinger, 95 N.J. 399, 471 A.2d 405 (1984); see also Jensen, supra, 63 Cornell
L.Rev. at 679-81 (proposing "[a] new standard: `lost substantial possibility of
recovery'"). In terms of damages, it should be no less difficult to calculate in a
legal malpractice action than in a medical malpractice action, with
appropriate regard for the uncertainties involved, the value of the loss
claimants experienced by reason of the professional defendant's errors,
omissions, and intentional disregard of professional standards.
With these thoughts in mind, I would reverse the trial court's summary
judgment order dismissing the complaint; and remand for further
consideration, including the crafting of a procedure that deals justly and
realistically with the issues involved.
1. Because Terry Jerista was injured by the automatic door, and her husband
Michael asserted a per quod claim, we will use the singular term "plaintiff" in
this opinion when we refer to Terry.
The doctrine of res ipsa loquitur
Posted on March 5, 2013 by PaulKostro
Law Lessons from MARTIN MAYER v. ONCE UPON A ROSE, INC., and SAMUEL
GRUNWALD, __ N.J. Super. __ (App. Div. 2013), A-2922-11T3, January 30, 2013:
Our Supreme Court has described the doctrine of res ipsa loquitur as follows:
In any case founded upon negligence, the proofs ultimately must establish
that defendant breached a duty of reasonable care, which constituted a
proximate cause of the plaintiffs injuries. Res ipsa loquitur, a Latin phrase
meaning the thing speaks for itself, is a rule that governs the availability
and adequacy of evidence of negligence in special circumstances. The rule
creates an allowable inference of the defendants want of due care when the
following conditions have been shown: (a) the occurrence itself ordinarily
bespeaks negligence; (b) the instrumentality [causing the injury] was within
the defendants exclusive control; and (c) there is no indication in the
circumstances that the injury was the result of the plaintiffs own voluntary
act or neglect.
[Szalontai v. Yazbos Sports Caf, 183 N.J. 386, 398 (2005) (quoting Brown v.
Racquet Club of Bricktown, 95 N.J. 280, 288-89 (1984)).]
The res ipsa loquitur doctrine is based upon considerations of public policy,
allowing a blameless injured plaintiff to obtain an inference of negligence
where certain required factors are present. In essence, the doctrine plac[es]
the duty of producing evidence on the party who has superior knowledge or
opportunity for explanation of the causative circumstances. Buckelew v.
Grossbard, 87 N.J. 512, 526 (1981). Res ipsa loquitur in effect creates a
permissive presumption that a set of facts furnish reasonable grounds for the
inference that if due care had been exercised by the person having control of
the instrumentality causing the injury, the mishap would not have occurred.
Szalontai, supra, 183 N.J. at 398 (quoting Brown, supra, 95 N.J. at 288-89). The
jury is free to accept or reject that permissible inference. Ibid.
An important aspect of the res ipsa loquitur doctrine is its role at trial in
repelling a defendants motion for a directed verdict. Once res ipsa loquitur is
established, the case should go to the jury unless defendants countervailing
proof is so strong as to admit of no reasonable doubt as to the absence of
negligence. Id. at 398 (quoting Brown, supra, 95 N.J. at 289). In a case in
which res ipsa loquitur applies, a directed verdict against the plaintiff can
occur only if the defendant produces evidence which will destroy any
reasonable inference of negligence, or so completely contradict it that
reasonable men could no longer accept it. Id. at 399 (quoting Brown, supra,
95 N.J. at 289).
In Jerista v. Murray, 185 N.J. 175, 195 (2005), a leading case in which the
plaintiff invoked the res ipsa loquitur doctrine, the Supreme Court concluded
that expert testimony was not required for a res ipsa inference to be made
with respect to injuries caused by an automatic door. The plaintiffs in Jerista
brought a malpractice claim against their prior attorney, whose inaction had
allegedly led to the dismissal of their negligence complaint against a
supermarket. Id. at 180. The defendant attorney argued that he had not
caused his former clients harm, because their lack of supporting expert
testimony on liability would have prevented them anyway from obtaining a
res ipsa inference, and consequently they did not have a provable claim in the
underlying suit. Id. at 180-81. The Supreme Court rejected this courts
sweeping suggesti[on] . . . that in almost all complex instrumentality cases a
res ipsa inference will be conditioned on the production of expert testimony.
Id. at 197. Instead, the Court determined that the pertinent question is
whether based on common knowledge the balance of probabilities favors
negligence, thus rendering fair the drawing of a res ipsa inference. Id. at 199.
As to the necessity of liability experts, the Court instructed in Jerista that
[o]nly when the res ipsa inference falls outside of the common knowledge of
the factfinder and depends on scientific, technical, or other specialized
knowledge is expert testimony required. Ibid.; see also N.J.R.E. 702 (limiting
the admission of expert testimony to evidence or issues requiring specialized
knowledge for a factfinder to understand). A jury does not need an expert to
tell it what it already knows. Jerista, supra, 185 N.J. at 197.
The Court concluded in Jerista that the plaintiffs could have obtained a res
ipsa inference absent expert testimony because, even though automatic
doors are complex machines, based on common knowledge it is improbable
that such a door would close unexpectedly on a person unless it was
negligently maintained. Ibid. When the average juror can deduce what
happened without resort to scientific or technical knowledge, expert
testimony is not mandated. Id. at 200.
Similarly, in Rosenberg v. Otis Elevator Co., 366 N.J. Super. 292, 305 (App. Div.
2004), no expert testimony was required to assist the jury in evaluating an
incident where an elevator had dropped at least three floors in a freefall
before coming to a sudden stop. This court reasoned that the jurors could
make a rational inference, unaided by expert testimony, that an elevator
would not have fallen in such a precipitous manner unless the defendant had
breached its duty and caused the malfunction. Ibid.
By contrast, in Buckelew, supra, 87 N.J. at 527, a liability expert was needed
where the defendant physician had cut into the plaintiffs bladder during
surgery. An expert was required in that professional liability context to address
the relevant standard of care for such surgery because the Court [could] not
say, as a matter of common understanding, the injury to plaintiffs bladder
raises an inference of negligence. Ibid.
Stadium Owners Beware: Experts No Longer Needed in NJ Elevator/Escalator
Injury Lawsuits
Posted on January 3, 2015 by Steve
Escalator and elevator accidents at sporting events are becoming more
common. In New Jersey, plaintiffs no longer need to hire experts to win a
personal injury lawsuit for damages arising out of accidents from these
potentially dangerous devices.
Anyone that has ever attended an American sporting event has witnessed the
inevitable battle between drunk fans and gravity. These fans often struggle to
stay upright walking on a flat surface. Put them on an escalator, though, and
all bets are off.
Yet what happens when an escalator or an elevator malfunctions and causes a
legitimate injury to a fan or customer who was simply going about his or her
business as usual? According to Consumer Watch, U.S. elevators make 18
billion passenger trips per year. Those trips result in only about 30 deaths per
year, but nearly 20,000 people are injured by elevators and escalators
annually according to data provided by the U.S. Bureau of Labor Statistics and
the Consumer Product Safety Commission. Elevators cause almost 90 percent
of those injuries.
So what do you do if you are hurt by an escalator or elevator? More often than
not, the answer is found in a civil lawsuit for personal injuries. These lawsuits
are costly endeavors for plaintiffs lawyers because escalators and elevators
involve some fairly complex machinery and engineering. To litigate such a
case, the attorney has to hire an expert to help prove that the property owner
and/or the maintenance company was negligent. And trust me, these experts
do not come cheap.
However, a recent ruling by the New Jersey Superior Court Appellate Division
just eliminated the needs for experts, thereby drastically decreasing the cost
of litigating an elevator or escalator injury case for plaintiffs.
In Lazarus v. Port Authority of New York and New Jersey, Appellate Court
Judges Hayden and Sumners decided that a plaintiff could survive summary
judgment in an elevator injury case without an expert. (Docket No. A-051913T3).
The case arose out of an accident at the Pavonia-Newport PATH station. The
Plaintiff, Wendy Lazarus, was stepping into an elevator when it suddenly rose
several inches and caused her to fall. Ms. Lazarus fractured her patella in the
fall. She subsequently sued the Port Authority and Schindler Elevator
After discovery ended, the defendants filed a Motion for Summary Judgment
contending that plaintiffs experts report should be stricken as a net opinion
and that the doctrine of res ipsa loquitor did not apply. The trial judge agreed
and struck plaintiffs experts report. With no expert, the trial judge
determined that summary judgment was appropriate since, the common
knowledge of lay jurors is incapable of assessing negligence of both
defendants, and thus, there was no basis for a reasonable jury to find in
favor of the plaintiff. The trial court also found that plaintiff could not proceed
under a theory of res ipsa loquitur since an experts testimony was still
required to determine whether defendants were negligent in maintaining and
operating the elevator. The trial court reasoned that the mechanics of how
elevators work was a complex issue that jurors could not understand without
the assistance of expert testimony. Plaintiff naturally appealed.
One of the main issues aside from the need of an expert was whether the
doctrine of res ipsa loquitur applied. The doctrine of res ipsa arose from public
policy concerns in order to allow a blameless injured plaintiff to obtain an
inference of negligence where certain required factors are present. Mayer v.
Once Upon A Rose, Inc., 58 A.3d 1221 (NJ App. Div. 2013). The doctrine
creates a permissive inference, which may be accepted or rejected by a jury,
that if due care had been exercised by the person having control of the
instrumentality causing the injury, the mishap would not have occurred. Id.
Res ipsa loquitur permits an inference of defendants negligence where (a)
the occurrence itself ordinarily bespeaks negligence; (b) the instrumentality
was within defendants exclusive control; and (c) there is no indication in the
circumstances that the injury was the result of the plaintiffs voluntary act or
neglect. Jerista v. Murray, 185 N.J. 175, 192 (2005). While the doctrine does
not shift the burden of proof, the presentation of a prima facie case based on
res ipsa generally assures that a plaintiff will survive summary judgment. Id.
at 193.
As the Appellate court summarized: New Jersey courts have consistently
recognized the doctrine of res ipsa loquitur in cases involving malfunctioning
complex instrumentalities such as escalators, elevators, and automatic sliding
doors. See, e.g., Rose v. Port of N.Y. Auth., 293 A.2d 371 (NJ 1972) (holding
that res ipsa loquitur could be invoked where the plaintiff was injured by an
automatic sliding door); Rosenberg v. Otis Elevator Co., 841 A.2d 99 (App. Div.
2004) (finding that res ipsa loquitur applies where the plaintiffs were injured
after an elevator dropped three floors).
It is important to note that res ipsa loquitur is not a theory of liability. Rather,
it is a method by which plaintiffs can circumstantially prove the existence of
negligence by permitting the fact-finder to infer that the defendants were
negligent or failed to act with due care. It essentially allows a plaintiff to
automatically survive summary judgment. Additionally, res ipsa shifts the
burden to the defendant to explain why the instrumentality malfunctioned
rather than force the plaintiff to eliminate all possible other causes. The
rationale behind this burden-shifting is that the defendant is more
knowledgeable about the instrument and has greater access to the evidence.
Escalator and elevator accident are very serious matters and victims often
require a lawyer to recovery monetary damages for their injuries.
After examining all of the evidence, including records indicating prior elevator
malfunctions at the station at issue, the Court concluded that plaintiff, a
business invitee, entered the open and apparently stationary elevator at the
PATH station, which abruptly rose several inches, causing plaintiff to fall
forward, injuring her knee. Common knowledge suggests that elevators do not
usually operate in the manner reported by plaintiff and that such an accident
does not normally occur absent negligence. Lazarus, 2014 N.J. Super. Unpub.
LEXIS 2970 (App.Div. Dec. 29, 2014).
Most importantly, the Court determined that there was no need for plaintiff to
use an expert to prove her case.
The Court specifically rejected the defendants argument that the cause of the
malfunction was so complex or specialized that the fact-finder would be
unable to understand it without an expert witness. On the contrary, the Court
found that plaintiff can rely on the common knowledge and experience of the
fact-finder to deduce what happened without an experts opinion. . .
Consequently, although this case involves a complex instrumentality,
scientific or technical knowledge is not essential to the fact-finder
understanding what happened and determining whether defendants were
negligent. The average person does not need to resort to scientific or
technical knowledge to understand that an elevator generally does not
abruptly rise off the floor as a patron is entering it and before the doors have
closed. Id. at *10-11.
The Appellate Courts conclusion that an elevator malfunction is within the
common knowledge of an average juror is a huge victory for plaintiffs
attorneys. Although most will still elect to hire an expert, New Jersey has now
made it clear that experts are not necessary because the average juror can
assess liability based on common usage of elevators and escalators.
Although this victory is sweet for plaintiffs, the Courts decision places
PATH station. In Lazarus v. Port Authority of New York and New Jersey, 2014
N.J. Super. Unpub. LEXIS 2970 (App. Div. Dec. 29, 2014), the plaintiff sued the
Port Authority for her injuries. Initially, her case was dismissed by the trial
judge because she did not have an expert witness to testify as to how the Port
Authority was negligent. However, she appealed, claiming that the doctrine of
res ipsa loquitor applied and she did not need an expert to pursue her claim.
The plaintiff had been on her way to work when she entered the elevator at
the PATH station. After the elevator doors opened, she put her leg into the
elevator and, suddenly, it rose 3 to 4 inches above the platform level, causing
her to fall forward onto her hands and knees. She later learned that she had
fractured her patella.
The defendants records showed that prior to the accident, the elevator had
recurring problems. Repair technicians had been there 2 times the month
before her accident and that just 12 hours prior to her accident, technicians
had been called to troubleshoot the controller and valve. The elevator had just
been returned to service less than an hour before the plaintiff entered it.
After discovery ended, the defendant successfully moved for summary
judgment, dismissing the case. It contended that without an expert to
establish negligence, the common knowledge of lay jurors is incapable of
assessing negligence as to the defendant. The trial judge rejected the
application of the doctrine of res ipsa loquitor (which means the thing speaks
for itself), reasoning that the mechanics of how an elevator works was a
complex issue that jurors could not understand without the assistance of
expert testimony.
The plaintiff appealed that decision to the Appellate Division, claiming that
she should have been entitled to proceed under this doctrine. The Appellate
Division agreed and reversed the trial courts ruling.
The court explained that this doctrine arose from public policy concerns to
allow a blameless injured plaintiff to obtain an inference of negligence where
certain required factors are met. This doctrine allows a permissive inference,
that a jury can accept or reject, that if due care had been exercised by the
person having control of the instrumentality causing the injury, the mishap
would not have occurred.
Res ipsa loquitor would permit this inference of defendants negligence if the
following is established: (1) the occurrence itself ordinarily bespeaks
negligence: (2) the instrumentality was within defendants exclusive control;
and (3) there is no indication in the circumstances that the injury was the
result of plaintiffs voluntary act or neglect.
The Appellate Division pointed out that res ipsa loquitor has consistently been
recognized in cases involving malfunctioning complex instrumentalities such
as escalators, elevators, and automatic sliding doors. After reviewing the
facts, the appeals court found that the plaintiff did meet the test for the
application of this doctrine.
The Appellate Division stated that common knowledge suggests that
elevators do not usually operate in the manner reported by the plaintiff and
that such accident does not normally occur absent negligence. Further, there
was no evidence that the plaintiff was at fault.


text:
Aeramix focuses on providing cost effective, reliable, efficient and practical solutions. Each project is unique and requires the most suitable solution, whether this is using established technology or innovation and creativity. Aeramix Pty. Ltd. provides various services such as geomembrane liner, wastewater treatment, integrated infrastructures, structural protection, concrete repair etc. For more information, you can visit our website http://www.aeramix.com.au/ or call us at 1300 667 077.
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Varicella-related complications and hospitalisations in a tertiary pediatric medical center before vaccine introduction
- 102 Downloads
- Citations
The aim of this study was to identify varicella complications in children and assess the hospitalisation rates in the pre-vaccination era.
The present study was conducted in Aghia Sophia Children's Hospital, which is located in the Athens metropolitan area and serves approximately 650,000 children 0–14 years of age. The records of patients discharged with the diagnosis of varicella from January 1998 to December 2002 were reviewed, and pertinent information regarding demographic data, complications, and outcome was abstracted. Complications were categorised by the main system involved and analysed only for immunocompetent children. Annual incidence of hospitalisation rates of varicella was calculated per 100,000 children in each age group. Population figures were based on the latest census (2000) and predicted changes in the paediatric population of the aforementioned geographic area.
Five hundred and seventy-three children were hospitalised for varicella during the study period. Of...
KeywordsVaricella Varicella complications Hospitalisation rate
- 1.Galil K, Brown C, Lin F, Seward J (2002) Hospitalizations for varicella in the United States, 1988 to 1999. Pediatr Infect Dis J 21:931–935PubMedCrossRefGoogle Scholar
- 2.Law B, Mc Donald N, Halperin S, Sheifele D, Dery P, Jadavji T, Lebel M, Mills E, Morris R, Vaundry W, Gold R, Marchessault V, Duclos P (2000). The Immunization Monitoring Program Active (IMPACT) prospective five-year study of Canadian children hospitalized for chickenpox or an associated complication. Ped Infect Dis J 19:1053–1059CrossRefGoogle Scholar
- 3.Rentier B, Gershon AA (2004) European Working Group on Varicella. Consensus: varicella vaccination of healthy children-a challenge for Europe. Pediatr Infect Dis J 23:379–389PubMedCrossRefGoogle Scholar
- 4.Tseng HW, Liu CC, Wang SM, Yang YJ, Huang YS (2000) Complications of varicella in children: emphasis on skin and central nervous system disorders. J Microbiol Immunol Infect 33:248–252PubMedGoogle Scholar
- 5.Perez-Yarza EG, Arranz L, Alustiza J, Azkunaga B, Uriz J, Sarasua A, Mendiburu L, Embaranja JL, Grupo Varicela Gipuzkoa (2003) Hospital admissions for varicella complications in children aged less than 15 years old. An Pediatr (Barc) 59:229–233CrossRefGoogle Scholar
- 6.Jaeggi A, Zurbruegg RP, Aebi C (1998) Complications of varicella in a defined central European population. Arch Dis Child 79:472–479PubMedCrossRefGoogle Scholar


text:
Latest comments
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Ouch, ouch ouch ….. as soon as I saw the words Monte Cassino in the list of new titles my mind went to my / our Dad. I didn't know you'd written it at first. I read this whilst feeling his pain but I am glad that in putting it on Wizzley, his ...
Veronica, 23 days ago
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frankbeswick, 25 days ago
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text: The Depo Preva shot has left me with lifelong health problems. At 19 I started taking the shot after I was diagnosed with endometriosis. My doctor told me that it was the only thing I could take if I wanted to have children one day. So like most of us I lissened to what he said, and had the shot every three months from 2000-2009. For nine years not one doctor told me how this shot was slowly leaching calcium from my bones. Now at age 32 I have osteoporosis, which has caused major dental problems, multiple issues with my spine and chronic pain in my back that ratiates though my legs. I was able to have one child after coming off of the shot, but will never be able to have more. I have a difficult time taking care of my daughter and cannot physically do many of the everyday activities. There is nothing worse than having your daughter want you to play with her on the floor and not to be able to. I use to be a very active person, who loved to be outdoors. Now I wish I could run, ride a roller coaster, go horseback riding, rock climbing, you name it I loved it. It is one of the most difficult thing to live with that at such a young age all of these things I can never do again. I want to warn anyone who is thinking about taking this drug or may be on it. Please look into other forms of birth control.


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'By concentrating on what is good in people, by appealing to their idealism and their sense of justice, and by asking them to put their faith in the future, socialists put themselves at a severe disadvantage.' Ian McEwan
Feminist futures: Red Pepper's feminist special issue: ● Our bodies, our choice ● Is the future xenofeminist? ● Women and the new unions ● Feminists on the anti-fascist frontline ● Plus: Left politics and the generational divide ● Decolonising museums ● Book reviews ● and much more
And you choose how much to pay for your subscription...
By Nathan Thanki and Asad Rehman.
Youth climate activist Lola Fayokun calls for climate justice not half measures
Our Future Now on how they helped the Home Office be a little more honest about its policies
Finding a Voice: Asian women in Britain, by Amrit Wilson, reviewed by Maya Goodfellow
They're logging on to combat lagging labour laws, costly court proceedings, and outsourcing management, writes Gaia Caramazza
We need to confront how the movement is shaped by the power of whiteness, write Alison Phipps


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Crushing Rock For Gold ... Rock Crusher Equipment,Rock Crusher,rock crushing equipment for sale,used rock crusher.Welcome to the website » Learn More.Read More
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Nearby Cities
Chapters Scarborough ,
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Join award-winning international speaker, scholar and author Samra Zafar as she signs copies of her book, A Good Wife: Escaping The Life I Never Chose.... Read More
Indigo Hillcrest ,
9350 Yonge Street, Richmond Hill, Ontario L4C 5G2, Richmond Hill, Canada
Join author Ishta Mercurio as she reads and signs copies of her latest book, Small World. Plus, make your own STEM paper rocket craft to celebrate the 50th anniversary of the Moon Landing!... Read More
The Rex's Den ,
1265 Military Trail, Toronto, Ontario M1C 1A4, Scarborough, Canada
A space to celebrate Queer and Trans* stories and experiences. This poetry slam will feature cash prizes for performers and fun audience participation prizes.
This event is free and open to all students and the public.
Registration for performers opens... Read More
Noor Cultural Centre ,
123 Wynford Drive, Toronto, Ontario M3C 1K1, Toronto, Canada
Please join us for the first session in this 4-part introductory Book Club series on 21st Century Muslim writers in English. Each session will comprise a lecture followed by reading group discussion.
Session 1 -
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Haliburton County Public Library - Dysart & Minden branches ,
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The Reading Writing Connection is focused group of writers who currently meet on the 3rd Wed. monthly at the Minden library branch (Dysart workshops cancelled). They encourage and foster each other to write and publish their work. New attendees welcome.... Read More
Donevan Recreation Complex ,
171 Harmony Rd S, Oshawa, Ontario L1H 6T4, Oshawa, Canada
Join Culture Counts at Donevan Skate Park at the Donevan Recreation Complex and watch the Safe Graffiti Wall be transformed by 18 artists!
Show off your skateboard and scooter tricks!
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BC-NH--New Hampshire News Digest 1:30 pm, NH
New Hampshire news from The Associated Press for Tuesday, May 21, 2019.
Here's a look at how AP's general news coverage is shaping up today in New Hampshire. Questions about today's coverage plans are welcome, and should be directed to the northern New England desk at 603-224-3327. For up-to-the minute information on AP's coverage, visit Coverage Plan at newsroom.ap.org.
A reminder this information is not for publication or broadcast, and these coverage plans are subject to change. Expected stories may not develop, or late-breaking news and more newsworthy events may take precedence. Advisories, digests and digest advisories will keep you up to date.
For up-to-the minute information on AP's coverage visit Coverage Plan at newsroom.ap.org
CONCORD, N.H. — New Hampshire lawmakers could hold off on making it easier for some people to have their criminal convictions erased from their records. By Holly Ramer. SENT: 130 words. UPCOMING: 500 words by 5 p.m.
BURLINGTON, Vt. — Jurors are set to receive instructions Tuesday in the trial of a Vermont man facing murder charges in the deaths of five teenagers after he drove the wrong way on Interstate 89. Developing.
CAREGIVERS CHARGED: New Hampshire's Supreme Court has upheld a negligent homicide conviction for a woman whose grandmother died days after being found in her own urine and feces on the floor of her mobile home.
DEATH INVESTIGATION-MEDICAL CENTER: Police reports say the death of a patient at Dartmouth-Hitchcock Medical Center was first treated as a possible homicide after employees raised concerns that family members had tampered with her pain medication.
BODY FOUND-SHORE: Police in New Hampshire say a body has been found on the shore of Great Bay and an autopsy has been scheduled.
If you have stories of regional or statewide interest, please email them to apconcord(at)ap.org. If you have photos of regional or statewide interest, please send them to the AP state photo center in New York, 888-273-6867.


text:
- Binch Racing Reveal Classic TT Plans, Sign TT Privateers Champion Coward, McLean, Vines
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- Oliver's Mount Top 8: Michael Moulai
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- Oliver's Mount Top 8: Andy Hayes
- Weekly Quiz Feature Series: It's Just A Bit Of Fun!
- Classic TT: Mistral Racing Gain Duke Road Race Rankings Leader McGee, Kells Supersport Victor Jordan's Services
KDM Hire Cookstown 100: Qualifying Wrap Up
- Updated: April 28, 2017
Following on from his great feats last weekend at Tandragee, Cookstown debutant Joseph Loughlin topped the time sheets in the Senior Support class, alongside only just missing out on pole position within the Junior Support class, which went the way of Andy McAllister.
Shirlaws Motorcycles backed Adam Lyon, third quickest, was without a doubt amongst the most impressive newcomers around the Orritor Circuit, same notion applied to Welshman Barry Evans and seasoned Manx GP competitor Richard Charlton.
Joey's Bar Racing's Sam Wilson set the pace within the 125/Moto 3 class in front of Paul Robinson and Adam McLean, whilst Kalex mounted Justin Waring fourth fastest, also showed highly accomplished form.
Richard Ford showed dominant form in Classic 250 qualifying, finishing over two seconds in front of nearest challengers Philip Shaw and Brian Mateer.
Fellow highly touted classic racing exponent Barry Davidson, was the pace setter within the Classic 350 class, second and third quickest, Nigel Moore and Jamie O'Brien cannot be discounted from battling for race victory, tomorrow.
Aboard the IC Racing/Caffrey International YZF R6 Yamaha, William Dunlop lapped at 1 minute 26.748 seconds to head Supersport qualifying.
Behind the reigning Irish road race Supersport champion, was rising star MSS/Hotties backed Adam McLean, just over half a second behind his illustrious counterpart.
Derek McGee secured third sport in qualifying, whilst Guy Martin making a surprise outing on the Wilson Craig Racing CBR 600RR Honda, produced his best performance to date, since returning to the roads scene, by finishing fourth quickest.
Photo by Pacemaker Press International
Ballymoney based duo Darryl Tweed and Seamus Elliott, placed first and second in Supersport 400 qualifying, Davy Morgan edged out Logan Racing's Neil Kernohan for 250 honours and Jamie O'Brien lead the way in the Forgotten Era category.
Words by Stevie Rial


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Currently seeking News Personnel! If you like keeping up to date on transgender related news and enjoy sharing news articles - we want you to join our team! Send me, Sarah1972, a pm to volunteer. Help keep our community up to date!
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Asphalt Paving Sealcoating in Middlesex, NJ
YP - The Real Yellow PagesSM - helps you find the right local businesses to meet your specific needs. Search results are sorted by a combination of factors to give you a set of choices in response to your search criteria. These factors are similar to those you might use to determine which business to select from a local Yellow Pages directory, including proximity to where you are searching, expertise in the specific services or products you need, and comprehensive business information to help evaluate a business's suitability for you. "Preferred" listings, or those with featured website buttons, indicate YP advertisers who directly provide information about their businesses to help consumers make more informed buying decisions. YP advertisers receive higher placement in the default ordering of search results and may appear in sponsored listings on the top, side, or bottom of the search results page.
All About Paving
Kleen Seal Driveway Sealing
Cooper and Sons Paving
1. L. N. Rothberg & Son Inc
550 Cedar AveMiddlesex, NJ 08846
From Business: We move the earth since 1948. From Commercial and Industrial Paving to Excavating and Complete Site Work, Rothberg is characterized by our highly experienced staf…
2. Cooper and Sons Paving
548 Washington AveSouth Amboy, NJ 08879
From Business: Thank you for contacting Cooper & Sons Paving. We are locally owned and operated servicing the New Jersey area. We specialize in all Residential, Commercial, and …
3. Kleen Seal Driveway Sealing
Fords, NJ 08863
From Business: Welcome to Kleen Seal® driveway sealing specialists, serving homeowners and small businesses alike. We pride ourselves on producing superior results with long las…
4. All About Paving
Serving the Middlesex Area
My old driveway was loaded with cracks and depressions where water would gather. I needed/wanted a new driveway, not a resurfacing. I contacted this…
5. JRC Asphalt and Concrete
Toms River, NJ 08755
JRC put in a new parking lot for us and did a fantastic job....Thanks JRC
6. Mark Hank Masonry & Contracting
Serving the Middlesex Area
From Business: Experienced Concrete Contractor Serving Middlesex, Somerset & Union Counties: Concrete contractor Mark Hawk Masonry can improve both the appearance and safety of …
7. Fimiani Construction
935 New Durham RdEdison, NJ 08817
From Business: Fimiani Construction was founded by Kevin Fimiani over 35 years ago as a commercial concrete and asphalt paving company. During our time, we have worked hard buil…
8. Ernest & Sons General Construction Corp.
West Orange, NJ 07052
Visit our websiteernestandsonsgc.com
Coupons & Deals10% off All Jobs Over $2,000.00 - Coupon Must Be Presented At Time Of Estimate -Call Us Today!
From Business: Landscape, Hard scape, Walkway, Stone wall, Seeding, Basements, Kitchens, Bathrooms, Driveway paving, Steps, Curves, Foundations, Water proofing. We are Masonry G…
9. Mumma Asphalt & Sealcoating
Serving the Middlesex Area
From Business: Asphalt maintenance and repair, sealcoating, crack repair, pavement striping.
10. D&A Sealcoating
196 Us Highway 206Hillsborough, NJ 08844
From Business: D&A Sealcoating specializes in the design and construction of driveways, steps, block paving, asphalt paving, commercial parking lots, roads, curbs, ramps, and ot…
11. Burnett Paving
195 New RdMonmouth Junction, NJ 08852
From Business: Burnett Paving, a family Owned and Operated paving business, has been serving New Jersey's paving needs for over 20 years. Whether it be commercial , residential …
12. Panzarella Contracting Inc
1415 New Market AveSouth Plainfield, NJ 07080
From Business: Paul John Panzarella Sr. FOUNDER Panzarella Contracting is a family owned and operated business since its conception in 1952 by P.J. Panzarella, Sr. Snow Removal,…
13. GreenKeepers Landscaping
104 North AveFanwood, NJ 07023
From Business: GreenKeepers considers your landscaping project an investment. Our landscape and hardscape plans follow the architecture of your home to enhance, not overwhelm, y…
14. JMN Trucking, Construction
25 Chipper DrKendall Park, NJ 08824
From Business: Better quality for you budget. We'll transfer your nightmare into your wildest dreams! We provide snow removal, bulk salt spreading and ice management services. O…
15. John Ciano - The Paving Authority LLC
984 Coolidge RdElizabeth, NJ 07208
Absolutely delighted with Rob and John's work, totally professional in their approach and quality of work. If you need pavement services look no fur…
16. South Shore Paving LLC.
Serving the Middlesex Area
From Business: South Shore Paving handles jobs big or small. They will do your job complete, from inception to completion. South Shore Paving also does Tennis court construction…
17. K and K Sealcoating
121 Chestnut StMiddlesex, NJ 08846
From Business: Protect * Restore * Beautify
18. Keenan Paving & Masonry
87 Rector AveWoodbridge, NJ 07095
From Business: Family owned and operated with over 20 years of experience. All work warranted for 3 years. No down payments. Payable upon completion of the job.
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4 Markham RdEdison, NJ 08817
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20. Bill Westervelt Asphalt Paving
135 Raritan Center PkwyEdison, NJ 08837
22. River City Sealcoating
21 Kilmer Rd Unit 11262Edison, NJ 08906
24. East Coast Co
2850 Woodbridge AveEdison, NJ 08837
25. V&N Seal Coating
7 Goldsmith DrSpotswood, NJ 08884
27. Supreme Metro Corp
1501 Jersey StSouth Plainfield, NJ 07080
28. Economy Maintenance
East Brunswick, NJ 08816
I have a tar and gravel roof. Their quoted price for applying a rubberized coating product was good and they were prompt at responding to my questi…
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Old Bridge, NJ 08857
Does a sloppy fix up job and does not reply to my calls.
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7 Lakeview DrSpotswood, NJ 08884


text:
I love my neighbor.
I don't know his age, but he's well past retirement. He is who encouraged me the most to buy a paddle board. We were talking one day and I mentioned how I'd love to have one. He said, "Barbara…You should do it if that's what you want."
He used to have a boat, so he knows the lake. Yesterday, I told him I took big Red out for a spin. He was happy to hear I spent time on the lake.
He asked me where I put the board in and when I told him he laughed and said, "Barbara. You shouldn't have to carry the board the length of a football field! You need to make it easier on yourself."
I haven't heard that very often in my life. 'Make it easier on myself.' What a novel idea!
He went on to tell me where to park my truck to walk the shortest distance to launch. He made it sound so easy! I'm going to follow his advice.
It's good to receive advice from someone older than you. They have been through more and have experiences to share. My neighbor said his life is a fine example of 'learning the hard way.' I've had my share of 'hard way', so 'easier' sounds like bliss.
I woke up this morning to a stiff right arm.
I carried the board too far yesterday.
Thank you for your kindness on yesterday's post. I was too hard on myself in more ways than one. I do that sometimes, but I'm going to make it easier.


text:
possible mc?
Hi ladies,
I'm 8wks 6 days today & yesterday I had some brown discharge (like the beginning of AF), phoned Drs who sent me to hospital for checking.
They couldn't scan me as the department closed at 4:30pm. Dr saw me at that time due to an emergency surgery. ☹
She did insert a speculum and noticed my OS (cervix) was slightly open which she thought meant I will miscarry.
Has anyone had any experience?
I've had a bit of spotting last night when home but nothing more. I don't quite know what to do now.


text:
...Flash Flood Watch Remains in Effect through Thursday Evening... .The ground across much of Central Indiana is saturated. A pair of weather systems along with a lingering frontal boundary across Central Indiana are expected to bring rounds of showers and thunderstorms to Central Indiana this afternoon and tonight. Should heavy rain occur...Flash Flooding is likely to occur.
This information is provided AS IS and strictly for recreational, educational, and informational purposes only; we disclaim liability of any kind whatsoever, including, without limitation, liability for quality, performance, merchantability and fitness for a particular purpose arising out of the use, or inability to use the data. The information may be inaccurate or incomplete based on how well the corresponding weather station successfully or unsuccessfully reported or recorded it with the instruments which measured the weather at the time; including gaps between hours or even days. Specifically, LocalConditions.com and this data, as presented, may not and should not be used as a reference for any reason relating to legal proceedings, insurance claims, recovery, loss prevention, making predictions, or critical decisions. Lastly, the weather station may be miles away from the actual area of interest. This data may not be leeched or republished.
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Home Renovation. Tuesday , September 11th , 2018 - 09:58:40 AM
Back this up by pulling out the home inspection that you had done when you first bought the home and going over it again (after you've blown off the dust). Make a list of the possible issues and prioritize them into those that are urgently needed and those you can live with. A very basic risk assessment would look at each item and give it a score of high, medium or low for the two categories of likelihood and consequence. Those that come out high-high, high-medium or medium-high are the most urgent and should be dealt with first.
Credit cards are a common source of funding for renovation projects because they are easily accessible and the funding is available immediately. For small projects, or minor costs, credit cards may be an appropriate choice but you should be careful to consider your interest rate as many major credit cards come with annual rates in excess of 17%.
Label :Need General Contractor' Best Construction Companies' Home Exterior Contractors plus Main Building Contractors' General Contractor Needed' Looking For A Good Contractor plus
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text:
Jepp, mine are still working flawlessly. It was one of the best mods that I could do!
Stepper driver change for no-noise bot
In case anyone needs this as well, sharing a guide how to replace stock drivers with TMC2208.
I haven't tested them long enough, but they are absolutely quiet, which is cool and that makes a lot of difference
So some good resources to go to:
- video how to replace old drivers with TMC2208, most important takeaway - pay attention to their orientation - i.e. make sure DIR and GND pins get to same pins as with previous drivers. Replace when farmbot is powered off.
this table shows jumper configuration for various microstepping setups for both old and new drivers - I went for 2 microsteps per step
my settings before:
my settings now: (you need to set microstepping properly and invert motors)
so far so good, although I have some things to test & followup:
Torque (vs microstepping)
- I suspect the new drivers might have a bit less torque. I have more issues to dig into soil with weeder tool - but - other factors might be influencing this - (soil was more wet and I have changed the tool to bear only the largest blades so it takes more power to put it into soil) Does anyone know (is there a tradeoff between torque and microstepping?)
Thermal management
- TMC2208 have bigger heatsinks and get more hot than the old drivers. Many sources on the net suggest usage of fans. No issues so far, but not enough testing either - and hot season is still about to come. For the time being I kept minimum microstepping (not sure if more microsteps lead to more heat though). Also the voltage is not higher than 1.1 V - not sure if I can set it all the way up to 1.9 V as with the old driver (and if that would create better torque)
if someone knows answers to the above questions - it would be lovely to hear your suggestions
1.9 Volts sounds like a dead driver soon. My drivers are set to 0.8 to 1V, can't even go much higher, because my motors start to stall when its set too high.
My TMC drivers are in duty since december (1/2 stepping) and I havent had any issues yet with overheating or similar and they are not cooled yet. But my electronics box is not in the direct sunlight what could be a big difference.
There is, as Loveny approved in this post.
Thanks for sharing your experiences and also thanks for sharing your information sources. This might be really helpful if someone wants to change the drivers as we did .
I've replaced the drivers on my 1.4 Farmduino and it seems not that there isn't enough power to move anything. The motors make sounds like they want to move, but do not. Any advise? I've measured voltage at the screw and they are at ~1.1v
I had them set too high. all good now
Hey Justin,
What voltage did you set them to in order to get them back to work?
I currently have them set to ~.88 volts and they are working really well. Using these drivers, farmbot is fast and quiet. I really like them.
@jschneck this behaviour is usually the same when using a4988 drivers.
Glad you still got it
Pictures of the TMC2208 drivers - notice the orientation of the driver on the RAMPS board has the driver potentiometer low, closest to the green power connector.
Farmbot-9614.jpg3024×4032 925 KB
Heat sinks are to be mounted on the "flat" side, not on the chip - apparently, this a better way to conduct the heat off the chips. A couple of hours of testing and the heat sink for the Z axis never got too hot to touch. The square hole pattern in the center (under the white MC22 and Step ink) is where the heat sink should be mounted.
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text:
Airport information and maps for Piarco International Airport:
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POS Airport Information:
|IATA / ICAO Codes:
|Airport Names:
|Piarco (near Port of Spain), Trinidad and Tobago
|GPS Coordinates:
|10°35'43"N by 61°20'13"W
|Area Served:
|Port of Spain
|City of Port of Spain
|Airport Type:
|58 feet (18 meters)
|# of Runways:
|View all routes:
|Routes from POS
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- Facts about POS
- Map of Nearest Airports to POS
- List of Nearest Airports to POS
- Map of Furthest Airports from POS
- List of Furthest Airports from POS
Facts about Piarco International Airport (POS):
- In addition to being known as "Piarco International Airport", another name for POS is "78970[1][2]".
- Piarco International Airport (POS) currently has only 1 runway.
- The terminal is a fully air-conditioned, smoke free building, equipped to handle peak-hour passenger traffic of 1,500 processing passengers through a fully computerised immigration system.
- The closest airport to Piarco International Airport (POS) is A.N.R. Robinson International Airport (TAB), which is located 51 miles (83 kilometers) NE of POS.
- At Piarco International Airport there are two high-speed taxiways and three connector taxiways.
- The furthest airport from Piarco International Airport (POS) is Umbu Mehang Kunda Airport (WGP), which is nearly antipodal to Piarco International Airport (meaning Piarco International Airport is almost on the exact opposite side of the Earth from Umbu Mehang Kunda Airport), and is located 12,308 miles (19,808 kilometers) away in Waingapu, Sumba, East Nusa Tenggara, Indonesia.
- Because of Piarco International Airport's relatively low elevation of 58 feet, planes can take off or land at Piarco International Airport at a lower air speed than at airports located at a higher elevation. This is because the air density is higher closer to sea level than it would otherwise be at higher elevations.
- The control tower at the old terminal building is currently used for air traffic control.