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Halliburton violated contracting rules, report finds
WASHINGTON—Halliburton, the big contractor that's won the lion's share of government contracts to rebuild Iraq, significantly and systematically violated federal contracting rules by providing inaccurate and incomplete information about its own costs, according to a special report by Defense Department auditors.
Yet 16 days after that Dec. 31 "flash" report and after a second warning by Pentagon auditors, the Army Corps of Engineers gave Halliburton, formerly headed by Vice President Dick Cheney, a new $1.2 billion contract.
An eight-page Democratic memo summarizing the auditors' report and criticizing Halliburton's cost estimates was prepared before a congressional hearing Thursday on $9 billion in federal contracts in Iraq. So far, Halliburton has received $5.8 billion in contracts. The memo was written by Rep. Henry Waxman of California, the senior Democrat on the House Government Reform Committee, which oversees government contracting.
The suggestion that a company with ties to the Bush administration may have profited excessively from the war in Iraq could compound the administration's growing difficulties over the war, which include whether Cheney and other top officials exaggerated the threat Iraq posed to marshal support for the war.
The Pentagon audit "depicts a situation where costs are virtually uncontrolled and Halliburton can overcharge the taxpayer by phenomenal sums," Waxman wrote. "Given our nation's mounting debt and the escalating costs in Iraq, all members of Congress should be extraordinarily concerned about this new evidence of waste, fraud and abuse in contracting in Iraq."
Halliburton spokeswoman Wendy Hall responded Wednesday that "We are disappointed, once again, that selective portions of audit reports have been released publicly even before KBR (Kellogg Brown & Root, a subsidiary of Halliburton) and the Army have made final reviews of the information. Releases of partial reports are inappropriate because the true and complete story cannot be conveyed. In fact, the release of these reports could violate established federal policy."
In its own internal investigation, released earlier this year, the Houston-based oil-and-engineering conglomerate found significant problems with its cost estimates.
A Pentagon spokeswoman, who spoke on condition of anonymity, said senior Defense Department officials, who'll testify Thursday, hadn't had a chance to review Waxman's memo so it would be premature to comment on its contents.
At Thursday's hearing, House Democrats will try to make public the Dec. 31 "flash" report by the Defense Contract Audit Agency, but that requires a majority of votes on the Republican-controlled oversight committee.
Waxman quotes the DCAA report as saying there were "significant deficiencies" in the way Halliburton estimated costs. A $2.7 billion proposal from Halliburton "did not contain current, accurate and complete data regarding subcontractor costs," according to Waxman's excerpt of the DCAA report.
Halliburton, according to Waxman's summary, told the government it would cost $1 billion to provide food for U.S. troops but based that figure on two subcontracts it already had canceled. Hall said Halliburton had told the government of the cancellations.
Waxman wrote that the DCAA concluded that Halliburton violated regulations on federal acquisitions. He said, "According to the Flash Report, among other violations, Halliburton (1) failed to submit cost and pricing data; (2) failed to provide data showing the degree of competition and reasonableness of price for subcontracts and procurements; and (3) failed to analyze the prices and costs of subcontractors. DCAA further noted that Halliburton did not even comply with its own Cost Estimating Manual, but provided `no valid reason for deviating from the manual.' "
When the DCAA gave Halliburton a chance to respond, the company told the agency the problem wasn't systemic but was a unique situation, according to Waxman's memo. However, Waxman wrote that the DCAA dismissed that explanation, saying it was "not a onetime occurrence; it is systemic."
Less than two weeks after the DCAA flash report, auditors wrote to the Army Corps of Engineers, saying that Halliburton's systemic problems "bring into question (Halliburton's) ability to consistently produce well-supported proposals that are acceptable as a basis for negotiation of fair and reasonable prices." The auditors asked the corps to consult with them before giving Halliburton another contract, but the corps ignored the request and on Jan. 16 gave Halliburton a $1.2 billion contract to restore oil services to southern Iraq, according to Waxman.
Halliburton already is under scrutiny for overcharging the government for supplying gasoline to U.S. military personnel and others in Iraq. Waxman on Wednesday revealed new information showing that Halliburton was charging twice as much for a gallon of gas as the Defense Department's own energy office.
Halliburton charged the U.S. government $2.64 a gallon to buy and transport oil from Kuwait to Iraq, using an inexperienced politically connected Kuwaiti subcontractor. The Defense Department's Energy Support Center had been doing a similar job at $1.32 per gallon, according to data that office gave Waxman's office.
Defense Department officials told Waxman's office that Halliburton charged the U.S. government $1.21 per gallon just to move the gas, compared with an average of 36 cents when the Defense Department's own office did the work.
Hall contends that Halliburton "delivered fuel to Iraq at the best value, the best price and the best terms, and in ways completely consistent with government procurement policies."
(Researcher Tish Wells contributed to this article.)
(c) 2004, Knight Ridder/Tribune Information Services.


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"After comparing Sage Intacct against the Blackbaud and Microsoft Dynamics solutions, we saw a huge difference in how much easier it was to use Sage Intacct's reporting and analysis capabilities." –Roberta Hopkins, CFO, Georgetown Visitation
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Thistlepod with Fiona Ritchie: Holly-days
Re-kindle the flame in your heart's hearth with Celtic Christmas music warm enough to melt the hardest winter frost. With Eileen Ivers and Frankie Gavin on fiddles, singing from Nightnoise, Atwater Donnelly and Cara Dillon, and the Christmas bells of Dunkeld Cathedral. View full podcast details at thistle.npr.org


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Penguins trade Lovejoy to DucksNHL.com @NHLdotcom
The Pittsburgh Penguins traded defenseman Ben Lovejoy to the Anaheim Ducks on Wednesday in exchange for their fifth-round choice in the 2014 NHL Draft.
Lovejoy, 28, is scoreless in three games with the Penguins this season. He hasn't dressed since Jan. 29, when he was driven into the end boards by Colin McDonald of the New York Islanders, who was suspended two games for the hit.
Lovejoy had one goal and five points in 34 games for Pittsburgh last season. In 98 NHL games with the Penguins during parts of five seasons, he has four goals, 25 points and 63 penalty minutes along with a plus-20 rating. He has two assists and four penalty minutes in nine career Stanley Cup Playoff games.
The Penguins signed Lovejoy as a free agent in July 2008 after he completed his college career at Dartmouth.


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Buckeyes hire Penn State's Johnson to coach D-line
COLUMBUS, Ohio — Larry Johnson, who spent the past 18 years as an assistant at Penn State, is joining Ohio State's staff as an assistant head coach and defensive line coach.
Johnson was Penn State's interim coach before James Franklin was hired for the top job on Saturday. Johnson replaces three-year Buckeyes assistant Mike Vrabel, who left his alma mater to work for former Nittany Lions coach Bill O'Brien with the Houston Texans.
Seven of Johnson's Penn State defensive linemen were first-round NFL draft picks.
Ohio State still must replace co-defensive coordinator and safeties coach Everett Withers, who took the head coaching job at James Madison.


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DENVER -- With Colorado's craft beer industry exploding, you can find IPAs, pilsners, saisons and stouts on almost every corner.
And starting Thursday, you can find it on the the corner of E. 8th Avenue and Pennsylvania St. right inside the Colorado Governor's Mansion, now the first official governor's residence in the country with its own draft beer system.
"It just seemed appropriate," said Gov. John Hickenlooper, a former brewer who founded the Wynkoop Brewing Company in LoDo back when downtown was a ghost town and craft beer wasn't anything close to the $800 million a year industry it's become with 232 federally licensed breweries and brewpubs in Colorado.
"If you'd have told me we'd one day have 235 breweries, I'd have laughed," Hickenlooper told FOX31 Denver Thursday. "I think it's a symbol of Colorado; I think it stands for freedom, having a lot of choices.
"The mansion is another symbol of Colorado. It's where we entertain. It's where we kind of show off Colorado, and beer has become a big part of what Colorado is."
Not surprisingly, a Wynkoop beer, Silverback Pale Ale, was the first small batch keg tapped at the mansion on Thursday; and the plan is to rotate unique small batch brews from breweries all across the state.
"We're going to try and rotate all the different breweries, all the different beer," Hickenlooper said. "So it becomes a showcase for the quality of Colorado."
The taps will be ready in time for a party at the mansion Friday night to kick off Colorado Craft Beer Week, a celebration of an industry that now employs around 5,000 Coloradans.
"With more than 200 different breweries in Colorado, we're probably brewing several thousand beers in a year," said Steve Kurowski with the Colorado Brewers Guild. "These are some of the freshest, some of the most world-class beers being brewed around; to have these on showcase at the mansion is very exciting for our industry.
"They will create a conversation; it'll be very unique every time there's an event here and these beers are being poured."
The industry has grown steadily since the first brewpub was founded in 1979; but the growth is really frothing of late, with 53 new small breweries licensed just last year.
"That's one new brewery opening up every week," Kurowski said. "It's just getting bigger and better every single day."
Installing the taps inside the mansion's historic first-floor parlor, already home to a bar and photographs of every governor in Colorado history, wasn't a done on a whim but with months of planning and consideration for preserving the integrity -- structural and historical -- of the mansion itself.
But it wasn't as difficult as some staffers thought it might have been.
"We were lucky," said Kevin Patterson, Hickenlooper's deputy chief of staff. "The drain worked extremely well; we were able to just run [the tap line] straight up from the basement. We only had to add a little bit of electrical power for the refrigeration unit downstairs."
Patterson, who's been involved with this project from the start, says the former brewpub founder governor hasn't left much to chance, wanting to sign off on the pint glasses and the pours.
Hickenlooper, who's been criticized by GOP rivals heading into his reelection year as a "state bartender", isn't worried about the new craft beer offerings at the mansion, being tapped now just a few months into Colorado's recreational marijuana experiment, impacting his own fortunes or the state's.
"Craft beer doesn't fit into that notion with the legalization of marijuana that Colorado is a party state," said Hickenlooper. "If you're going to get drunk, you're not drinking craft beer.
"Craft beer is really about drinking less and partying less to some extent, but really enjoying it more. It's about the flavor and bouquet of the beer."AlertMe


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Now you can also visit the public discussion on QCTO related topics here.
About the QCTO
Quality Council for Trades & Occupations
The QCTO is one of the three Quality Councils provided for in the National Qualifications Framework Act (NQF Act No. 67 of 2008).
The QCTO was established under the Skills Development Act as amended in 2008 and became operational on the 1st April 2010 following the publication of Government Gazette No 33059, 1st April 2010
1. Vision
- QCTO vision is to qualify a skilled and capable workforce.
2. Mission
- The QCTO's mission is to effectively and efficiently manage the occupational qualifications sub-framework in order to set standards, develop and quality assure national occupational qualifications for all who want a trade or occupation and, where appropriate, professions.
3. Values
Innovation and Excellence
- We rise to opportunities and challenges, we continuously learn, we are innovative and we consistently produce work of distinction and fine quality, on time, and in line with our clients' needs.
Empowerment and Recognition
- We enable people to make things happen, we encourage and support one another when and where needed, and we celebrate successful accomplishment of work.
Respect and Dignity
- We value and show consideration for all the people we work with, treat one another with kindness and thoughtfulness, and embrace inclusivity.
Ethics and Integrity
- We embrace and practice a moral code of trustworthiness, honesty and truthfulness in everything we say and do, and we honour our promises and commitments.
Ownership and Accountability
- We take ownership of our responsibilities and we answer for our decisions and actions.
- We protect the public by issuing authentic, quality qualifications.
Provided by www.trainyoucan.co.za
Now you can also visit the public discussion on QCTO related topics here.
Most meetings need people playing four roles
Most meetings need people playing four roles:
1-Leader convenes the meeting
2-Facilitator keeps discussion and decision-making process moving along
3-Recorder takes notes on paper, laptop or on flip charts
4-Timekeeper reminds leader when time almost up for a given item.
Make sure these roles are assigned prior to a meeting
Leader role
The leader convenes the meeting and takes responsibility for communication before and after. The leader may lead discussion on all items or may ask others, including a facilitator, to lead all or parts of the meeting. This enables the leader to be a full participant in discussions.
Facilitator role
The facilitator keeps the discussion and decision-making process moving along. The facilitator takes responsibility for the process, but should not be involved in the content of the meeting. A facilitator is especially useful if the leaders holds a very strong opinion on an agenda item. Having a facilitator enables the leader to be a full participant.
Recorder role
The recorder takes notes on paper, laptop or on flip charts. Meeting notes should be distributed as soon after the meeting as possible. The longer the lag, the less confidence the members have that their investment will result in action. For groups that meet regularly, the recorder is responsible for keeping previous meeting notes and agendas in one place where they can be referenced later, such as through a shared network drive or a notebook, etc.
The timekeeper reminds leader when time almost up for a given item. A stop watch or small clock is invaluable
Helping People to Contribute Effectively During Meetings
There are many reasons for non-participation during meetings including lack of preparation, shyness, being overawed by rank or someone's specialist knowledge, being put off by another's aggressiveness or dominant behaviour or just pure laziness.
To draw out the silent type and protect them from intimidation it might be helpful to ask questions that tap their expertise, praise their good ideas, openly note their contributions, call on those that are shy or junior first.
Of course you may also have to limit the long winded. This can be done by setting the ground rules at the start including how long any one person can speak for at a time. You should also request that remarks be confined to the topic of discussion. If someone still insists on an opera length speech you may have to tactfully but firmly insist that you move on.
It is equally important to remain focused on the agenda and what needs to be achieved. To do this you will want to summarise progress and remind everyone of the meeting's objectives. You will also have to interrupt if the discussion gets out of hand, off topic, too heated or rowdy. Act quickly if a serious disagreement arrises.
Sometimes a participant may have something worthy to contribute but may not be the best public speaker. At such times it is the chair's job to rescue that person by helpfully summating what they think he/she was trying to say.
As the meeting chair you should work to encourage diverse points of view, especially if it is a problem solving or brainstorming session. Well run meetings enable a group of people to achieve more than the sum of their individual efforts, through the creation of synergy and the combination of their collective expertise.
As the chair you should encourage all opinions and perspectives to be explored but be prepared to hightlight bias and oversights. Some participants will need to broaden their viewpoints while others must be encouraged to be more realistic.
To generate ideas you may want to try brainstorming, asking open questions (ones that cannot be simply answered by yes or no), encourage partial ideas, reserve your own ideas until the end, clarify and paraphrase for others (make sure you ask them to confirm that you have it right), and the use of verbal and non-verbal reinforcement.
handling disagreements with people
Here are her tips on how to approach a disagreement, find a solution and get past it.
1. Identify your conflict style
Knowing how you typically deal with disagreements will help you identify how you might want to approach conflict differently in the future.
"There are five different ways of dealing with conflict: competing, collaborating, compromising, avoiding and accommodating," says Coltsmann. "The truth is, there are no right or wrong ways. It depends on the situation and an individual's skills in using one of the conflict modes."
2. Think about your past disagreements
When you find yourself in a disagreement, do you usually try to talk the problem out with the other party in hopes of finding a solution? Or do you tend to let the other person have his or her way if it will mean avoiding further conflict?
"If you find yourself relying on one mode continuously, it's important to try to learn about some different approaches," explains Coltsmann. "Changing behaviour is not the easiest, but you can learn new skills through a process of awareness and practice."
Listen to what your gut is telling you — your first instinct is usually right. Allow your instinct to be the voice that guides your next steps.
3. Step away from the situation for awhile
In order to respond to a disagreement with a level head, you may need to remove yourself from the conflict so you can consider your options in peace. It's important to approach the situation as if it is a problem that needs to be solved, rather than something to get angry about.
"The most important step in any disagreement or conflict situation is to create a shared understanding of what's going on, bringing the views, ideas and opinions of everyone out into the open," says Coltsmann. "It's time to gather facts, verify assumptions and seek clarification — and, most importantly, it's time to suspend judgment."
Definition of Black People or BEE purpose
The Codes define "Black People" as
African, Indian, and Coloured (including Chinese) People
who are citizens of South Africa by:
- birth; or
- descent; or
- naturalization prior to the commencement date of the Interim Constitution (1993); or
- naturalization after the commencement date of the Interim Constitution (1993), but were prevented from becoming naturalized by Apartheid.


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Find out more about the technologies used in oil exploration and production, and about Gazprom Neft's projects in Russia and abroad
All oil products sold by Gazprom Neft are produced at its own facilities, including gasoline, diesel fuels, motor oil and lubricants, aviation kerosene and bitumens
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Gazprom Neft's products are exported to more than 50 countries worldwide
High-quality fuels, complementary products and merchandise, and a consistently high standard of service
Gazprom Neft offers a wide range of oil products, for various applications
All Gazprom Neft brands are marked by the same commitment to high quality and outstanding service
The company's innovation development strategy, technology strategy of the exploration and production unit
Development of new catalysts, solid acid alkylation
"Green" seismic, high-precision seismic and electronic prospecting; the search for new oil-bearing regions
Production of modified bitumens and new bitumen products
Technical limit, geo-steering systems and remote controlled drilling, rotary steerable systems (RSS)
Assets power generation, effective utilisation of APG, geothermal station in Serbia, the NIS windfarm
High-technology drilling, multi-stage fracking
Gazprom Neft and its subsidiaries comprise a single, vertically integrated oil company
Comparison and analysis of key financial and production indicators
Securities, dividend policy and latest stock quotes
Operational and financial data, 1998 to date
Company news and events
Information for individual shareholders and holders of depositary receipts
Transparency of financial information – key principles of company policy
All updates from official Gazprom Neft accounts in a single feed
Phone.: +7 (495) 777-3143 (Moscow)
Phone.: +7 (812) 648-3143 (Saint-Petersburg)
E-mail: firstname.lastname@example.com
Gazprom Neft successfully adheres to principles of sustainable development and social responsibility.
The full Gazprom Neft corporate social responsibility (CSR) programme.
Gazprom Neft manages an extensive programme in the support and development of professional sport.
Preserving the natural environment and using natural resources responsibly are top priorities for the company.
The leading kids' hockey tournament in Europe.
The company is committed to the constant improvement of its professional development programmes and employee benefits packages.
Gazprom Neft is fully committed to constantly improving safety.
The Bolshoi Festival of Russian Music was founded by internationally renowned film director Emir Kusturica in 2013. Gazprom Neft is the title sponsor of the festival.
Full archive
What does it mean to work in our company?
Gazprom Neft has long-standing relationships with the country's leading higher educational establishments
A comprehensive training and development programme ensures the continued professional development of employees at all levels
Life at Gazprom Neft – photo reportage
Success stories
Find out more about becoming a supplier to the Gazprom Neft Group of Companies, the procurement process, and pre-qualification procedures.
We are always looking to develop mutually beneficial business relationships with reliable partners. Providing information on our procurement process helps identify vital contacts and initiate discussions on potential business opportunities.
Collaboration with Gazprom Neft can open up new opportunities for technology and equipment suppliers.


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Tim Potter's Philippines-Sugar Land Texas-Copyright Violations Tim Potter's Philippines-Sugar Land Texas-Copyright Violations. It's about a sexpat you already heard, one living in Cebu Philippines, who has made it to the headlines of the many sites and forum as being a notorious scammer and pirated (worthless) software trying to sell them to the members on the forums. He …
Tag Archive: Tim Potters Philippines
Matt Wilkie's new crap .
Matt wilkie Hallucinations
Please Click here to subscribe and put a comment in honor to Matt Wilkie
YouTube Matt Wilkie Story
Evan Iliadis always here to help him, I dedicate this first video on him, his actions and his great work on line. Please, click here to subscribe and post a comment in compliment to Matt for his efforts
Matt Wilkie.Not everything always goes to plan. I agree
This video is about Not everything always goes to plan. I Matt Wilkie has a go towards the trolls but he trolls everyone disagree with him, even more those who don't care about him. Today, Evan, his official biographer honor him with another clip dedicated to all trolls and none on the net, appealing at the same time to all vloggers for the election Matt as the president of the trollogy department of youTube institute. Viva Matt Wilkie! viva El trolls!
Tim Potter Philippines
It's more fun in the Philippines?Yes, it could be, with drastic measures of the government to change the image of the country abroad and encourage family tourism, more lucrative than sex tourism where only pimps and scammers make a profit, as opposed to many legitimate tax paying and job creation business would benefit from a main stream tourism. No to Tim Potter Philippines. Read More
Tim Potter from sugar land TX copyright copy cat
Tim Potter's Philippines-Sugar Land Texas-Copyright Violations. It's about a sexpat you already heard, one living in Cebu Philippines, who has made it to the headlines of the many sites and forum as being a notorious scammer and pirated (worthless) software trying to sell them to the members on the forums. He didn't make it. Read More
Tim Potter the crook Philippines- Sugarland Texas
Members of the living in Cebu forums -live in the Philippines forum – (for whatever left) and any other discussion board in the Philippines and abroad, you should get rid of the pirated software you purchased from a certain Timothy Potter, an American citizen from Sugar land TX USA a United States Marine Corps "retired" living in the Philippines since the year 2007, a moderator on Paul Petrea's living in Cebu forum under the avatars "Norseman" and more recently USMC retired. Read More
Matt Wilkie – Philippines expat being broke.
Matt Wilkie – Philippines expat being broke.
Yes, absolutely! Readers, Many of you are looking for Matt Wilkie in the Philippines because at some point he has defrauded you, ruined, (or tried to) your life by reporting you to the Philippines National Police in Cebu with fake accusations. You're in the right place. Here is the latest.
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Lion Fight Night: Baars Does a Number on Cyborg!
Monday, 31 March 2014 | Carl
Source: www.liverkick.com
My god, this fight was just insanity. Cris Cyborg came into this fight as the favourite due to her MMA career, but Kickboxing fans knows who Jorina Baars is and knew that she'd cause some serious problems for Cyborg. Referee Tony Weeks had a hard time following the action and missed at least two knockdowns that should have been scored for Baars, one in round one, another in round four.
That being said, Baars dropped Cyborg in round one with a huge head kick after a push kick should have been considered a down. Jorina Baars put on the fight of her life, though. The spinning back kick that put Cyborg down in round five secured the fight for Baars in a fight that we were all fearing hearing the scorecards. Incredible fight and, c'mon, let's be honest here, this just makes Cris Cyborg vs. Ronda Rousey hype seem like a distant memory now.


text: Kayne West performs with Rihanna at half-time of the NBA All-Star Game. Robyn Beck/AFP/Getty Images hide caption toggle caption Robyn Beck/AFP/Getty Images Opinion The Two-Way Kanye West Video Is Tweaked; Elsewhere, Tweets Start Furor February 24, 2011 A video for Kanye West's song "All of the Lights" has been pulled from YouTube after a British group said that the video's strobing light effects had caused seizures. The singer is also in hot water over his tweets about abortion.


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|Heart of Bangkok serviced apartment with fully furnished.
Located on Sathorn Road at BTS Surasak Station (Exit 2) near Blue elephant restaurant, Thai CC Tower, Asia Bank, Robinson Department Store (Bangrak) Saint Louise Hospital Etc. Just 5 minus from Silom and 10 minutes to Siam Square by BTS sky train.
|Superior Room (37.5 sq.m.)
|2 Bedrooms Suite (73.5 sq.m.)


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Designer Clothing from Morgan Clare
At Morgan Clare, we have all of your summer staples under one roof. From dramatic dresses, statement skirts and classic off duty tops and t-shirts, we can guarantee you will be spoilt for choice.
Inject a pop of colour into your clothing collection with our fabulous range of fashion essentials. We are proud to stock some of the most coveted designer labels online including 360, Current Elliot, Alice By Temperley, Citizens of Humanity, Diane Von Furstenberg and more.
We stock everything from dressed down denim to show stopping gowns that can't help but make a statement. Taking inspiration from some of the world's hottest fashion icons, we bring you only the brands that push the boundaries of style.


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Donatello (dŏnətĕl´ō, Ital. dōnätĕl´lō), c.1386–1466, Italian sculptor, major innovator in Renaissance art, b. Florence. His full name was Donato di Niccolò di Betto Bardi. In his formative years he assisted Ghiberti in Florence with the bronze doors for the baptistery. By 1406 he had begun to work on the cathedral. His marble David (Bargello, Florence) still echoed the Gothic form, but his St. Mark (Orsanmichele, Florence) and St. John the Evangelist (cathedral mus., Florence) mark a turning point toward a new humanistic expression. His St. George (now in the Bargello) is a striking portrayal of ideal youth. Even more important is the accompanying scene, St. George and the Dragon (c.1416), a pioneering attempt to work out a system of perspective.
During the next decade, he worked on the famous scene Salome for the Siena baptistery, which he completed in 1427. He invented a technique known as schiacciato (shallow relief), in which he ingeniously achieved effects of spatial depth. During that period he carved several prophets for the Florentine Campanile, including the Zuccone (Baldhead), a vibrant characterization. In 1430–32, he went to Rome with Brunelleschi and became one of the first Renaissance artists interested in ancient monuments. Reflections of classical putti (male infants) can be found in his rendering of the lively cherubs in the Singing Gallery (1433–38, cathedral mus.) and in the pulpit at Prato. Classical influence is also evident in his bronze David (c.1432, Bargello), one of the earliest freestanding nude figures of the Renaissance.
In demand throughout Italy, Donatello was invited to Padua in 1443, where he stayed for 10 years as the head of an enormous workshop. He designed the equestrian statue of Gattamelata (1447–53) and the high altar for Sant' Antonio (1446–50). Upon his return to Florence, he carved the acutely expressive Magdalen (c.1460?, baptistery), which was greatly damaged by the flood of 1966. In his last years he worked on the pulpits of San Lorenzo, creating a magnificent series of reliefs. He was one of the most influential painters and sculptors of his time. Most of his works have remained in Florence, but a good representation can be seen in London's Victoria and Albert Museum. Two examples of his work can be found in American collections, an unfinished David (National Gall. of Art, Washington, D.C.) and the Shaw Madonna (Boston Mus.).
See studies by F. Hartt with photographs by D. Finn (1973) and by J. Pope-Hennessy (1994); Donatello and His World (1994) by J. Poeschke.


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No. 78,553
1. The rules of summary judgment are stated and applied.
2. A physician is obligated to his or her patient to use reasonable and ordinary care and diligence in the treatment of cases the physician undertakes, to use his or her best judgment, and to exercise that reasonable degree of learning, skill, and experience which is ordinarily possessed by other physicians.
3. When an independent medical examination is performed under K.S.A. 60-235, or one agreed to by the parties during litigation, even though the physician conducting the examination is practicing medicine, the physician-patient relationship does not exist.
4. When performing an independent medical examination under K.S.A. 60-235, or one agreed to by the parties, examining physicians have a duty not to cause harm or injury to the person examined, to use reasonable and ordinary care and diligence in the examination undertaken, to use their best judgment, and to exercise that reasonable degree of learning, skill, and experience which is ordinarily possessed by other physicians.
5. The duty of a physician not to injure the person being examined by the physician is not affected by the fact that the physician was employed by a third person and no contractual relationship existed between the physician and the person being examined.
6. A physician performing an independent medical examination is obligated to the person being examined to make a reasonable disclosure of pertinent facts within the physician's knowledge relating to the proposed examination so that the person being examined may make an intelligent decision to consent to or to refuse the examination.
7. The Kansas Criminal Code, K.S.A. 21-3101 et seq., does not bar, suspend, or otherwise affect any civil right or remedy, authorized by law to be enforced in a civil action, based upon conduct which the code punishes. K.S.A. 21-3103.
8. Assault, battery, and sexual battery are statutory crimes. However, the civil injury caused by an assault, battery, or sexual battery is not merged in the crime in that the injured party has a civil right or remedy against the perpetrator of the crime.
9. The tort of outrage has two threshold requirements that the trial court must determine: (1) whether the defendant's conduct may reasonably be regarded as so extreme and outrageous as to permit recovery; and (2) whether the emotional distress suffered by the plaintiff was of such extreme degree the law must intervene because the distress inflicted was so severe that no reasonable person should be expected to endure it.
10. To prove the tort of outrage, a litigant must show: (1) the conduct of the defendant was intentional or in reckless disregard of the plaintiff; (2) the conduct was extreme and outrageous; (3) there was a causal connection between the defendant's conduct and the plaintiff's mental distress; and (4) the plaintiff's mental distress was extreme and severe.
Appeal from Sedgwick district court; C. ROBERT BELL, judge. Opinion filed September 18, 1998. Reversed and remanded for further proceedings.
W. Thomas Gilman, of Redmond & Nazar, L.L.P., of Wichita, argued the cause and was on the briefs for appellant.
Eldon L. Boisseau, of Turner and Boisseau, Chartered, of Wichita, argued the cause and was on the briefs for appellee.
The opinion of the court was delivered by
LOCKETT, J.: Plaintiff Peggy Smith was injured in an automobile accident and filed suit against Edward Williams, the other driver. During the litigation, plaintiff agreed to an independent medical examination by defendant's medical expert. Plaintiff alleges that during the examination, she was asked personal and inappropriate questions and was sexually battered by the examining doctor. Plaintiff brought an action for negligence, misrepresentation, assault, battery, invasion of privacy, outrage, and violation of her right to informed consent. The district court granted the examining doctor summary judgment on the claims of informed consent, assault, battery, tort of outrage, and invasion of privacy. Plaintiff voluntarily dismissed her negligence and misrepresentation claims to pursue this appeal. We accepted jurisdiction pursuant to K.S.A. 20-3018(c).
The relevant facts are incorporated from the district court's order granting summary judgment. Peggy Smith alleged she suffered head and neck injuries in an automobile accident on January 11, 1994, and filed an action against Edward Williams. Rather than requiring Williams' attorney to obtain a court-ordered medical examination pursuant to K.S.A. 60-235, Smith's attorney agreed his client would undergo an independent medical examination by Dr. Lauren Welch, a board-certified neurologist. The purpose of the independent medical examination was to determine the extent, if any, of Smith's head and neck injuries.
During the examination at Dr. Welch's office, while Smith and Dr. Welch were alone, Welch asked Smith a series of questions about her medical history. While taking Smith's history, Dr. Welch would snap his fingers and tell her she was not answering fast enough. Numerous times Dr. Welch told Smith she was stupid or lying and she had better start cooperating or she would not receive her settlement.
Some of Welch's questions had obvious medical relevance to a head and neck injury and other questions required a detailed statement of Smith's sexual past. Although not a complete list, Dr. Welch asked Smith whether her parents and her sister were sexually active, whether Smith was having sex with someone else while dating her present boyfriend, what qualities about her boyfriend made her want to have sex with him, whether Smith had ever had sex with more than one person at a time, and whether she had ever had sex with her sister.
While asking Smith questions of a sexual nature, Dr. Welch told Smith numerous times that she had better answer his questions because he worked for the other side and a failure to answer would result in Smith not receiving a settlement in her personal injury action. Dr. Welch asked Smith if she knew what it meant to not "count your chickens before they hatch." He stated it meant she had better not count on her settlement because she was not doing what he required.
After Dr. Welch obtained Smith's medical history, he led her to an examination room where he threw a gown at Smith and told her to undress and put on the gown. Smith did. When Dr. Welch and his nurse entered the examination room, he untied the gown and exposed Smith's breasts. Smith crossed her arms over her breasts. Welch grabbed Smith's arms and moved them away from her breasts. Dr. Welch began to examine Smith's breasts. Smith states it was unlike any other breast examination she had undergone previously. Smith asserted that Dr. Welch fondled her nipples and placed a cold stethoscope on them.
During the course of the examination, Smith repeatedly placed her hands over her breasts. Dr. Welch continually removed her hands from her breasts. Welch told Smith not to be a "baby" about the examination.
After examining Smith's breasts, Dr. Welch moved his hands towards Smith's abdomen. Smith covered her pubic region with her hands. As Welch's hands reached Smith's pubic area, he attempted to move Smith's hands. At that point, Smith sat up and ended that portion of the examination.
Dr. Welch then placed his hands on the back of Smith's head and started lifting. Smith complained that this was hurting her. Dr. Welch told her to "just take it, she would be fine."
Smith settled her claim for the injuries to her head and neck. She then filed this action against Dr. Welch, claiming the examining physician had acted negligently; violated her right to informed consent; misrepresented the need for various aspects of the examination; and committed an assault, a battery, an outrageous act, and an invasion of her privacy.
Standard of Review
The burden on the party seeking summary judgment is a strict one. The trial court is required to resolve all facts and inferences which may reasonably be drawn from the evidence in favor of the party against whom the ruling is sought. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. On appeal we apply the same rule, and where we find reasonable minds could differ as to the conclusions drawn from the evidence, summary judgment must be denied. Mitzner v. State Dept. of SRS, 257 Kan. 258, 260-61, 891 P.2d 435 (1995).
In a letter to Smith's counsel, Smith's expert, Dr. Janice M. Mullinix, wrote: "It is a departure from standard neurologic practice to do a breast examination or a gynecologic examination as part of assessment of head injury or of headaches. It is a further departure from standard neurologic practice to persuade a patient to consent to these procedures."
After significant discovery, Dr. Welch filed a motion for summary judgment. The district court stated in its conclusions of law:
"20. That Dr. Janice Mullinix, who has been retained by Plaintiff's counsel to provide expert testimony, is not disqualified as an expert because she has not performed independent medical examinations, but is not qualified legally to usurp the function of the Court in directing the scope of the examination. Accordingly, the relevance of her opinions is questionable.
* * * *
"22. The nature and scope of questions about sexual activity is not within the province and understanding of laymen; rather, expert testimony is required on this issue. In light of the Plaintiff not having any expert testimony on this issue, any alleged tort relating to the nature and scope of the sexual questioning fails as a matter of law.
"23. Inasmuch as Plaintiff, by and through her counsel, consented to the examination, the invasion of privacy and assault and battery claims fail as a matter of law.
* * * *
"25. The Plaintiff's allegations, assuming the same to be true, would not cause a reasonable person to be outraged, and accordingly, the tort of outrage claim fails as a matter of law."
The district court granted Dr. Welch partial summary judgment. Smith's negligence and misrepresentation claims survived summary judgment. Smith voluntarily dismissed those claims without prejudice and appealed the grant of summary judgment. Our review is limited to Smith's claims of assault, battery, outrageous conduct, and invasion of privacy.
K.S.A. 60-235 permits a party to seek an independent medical examination when a litigant places his or her medical condition at issue in the case. If the court determines an examination is needed, the conditions and scope of the examination are determined by the court. Because Smith agreed to an examination, there is no court order setting the conditions or scope of the examination. There is no evidence as to the agreement between counsel with respect to the conditions or scope of the medical examination except as stated in paragraph 5 of Smith's petition, which alleges:
"5. Plaintiff was involved in a motor vehicle accident on January 11, 1994, as a result of which she sustained injuries to her head and neck. As a result thereof plaintiff filed suit on May 6, 1994 in the Sedgwick County District Court (Case No. 94 C. 1323) to recover damages she sustained in said accident. In the course of said lawsuit, counsel for the defense requested that plaintiff submit to an independent medical examination. The examination was scheduled to be conducted by the defendant herein at his place of business." (Emphasis added.)
Dr. Welch admitted these allegations in his answer; therefore, we conclude Dr. Welch's examination was limited to a determination of Smith's "injuries to her head and neck."
Expert Witness and Scope of Testimony
The district court found that the testimony of Smith's expert witness, Dr. Mullinix, had little relevance because a medical expert "is not qualified legally to usurp the function of the Court in directing the scope of the examinations." The district judge's conclusion is difficult to understand. Here, there was no court-ordered examination. Rather, the parties agreed to an examination to ascertain the extent of Smith's head and neck injuries sustained in an automobile accident. Even if the district court had ordered an examination to ascertain the extent of Smith's injuries, the scope of that examination would be limited to determining the extent of the head and neck injuries plaintiff suffered in the automobile accident. Judges are not experts on neurology; the testimony by Smith's expert as to standard practice in that field is relevant. Simply stated, that is the issue to be determined in this case.
The district judge also found that the
"nature and scope of questions about sexual activity is not within the province and understanding of laymen; rather, expert testimony is required on this issue. In light of the Plaintiff not having any expert testimony on this issue, any alleged tort relating to the nature and scope of the sexual questioning fails as a matter of law."
We are unable to find any Kansas authority that requires expert testimony on the subject of the nature and scope of sexual activity.
Amici Curiae
The Kansas Association of Defense Counsel (KADC) and the Kansas Trial Lawyers Association (KTLA) were permitted to file amicus curiae briefs. KADC noted that it is critical to the defense of personal injury actions that defendants be able to test and, where possible, challenge the nature and extent of a plaintiff's alleged damages. It claims that recognition of a physician-patient relationship between plaintiff and an examining physician, or creation of negligence causes of action against such physicians, will necessarily have a chilling effect on the willingness of doctors to perform such examinations. Therefore, KADC contends, it is absolutely essential that the right of independent medical examinations be preserved.
KADC recognizes there should not be an absolute prohibition of claims alleging intentional torts committed by an examining physician. It notes that an examining physician does not have authority to sexually molest or intentionally inflict bodily harm on a person examined. KADC asserts that on the merits of this particular dispute, plaintiff has not established the necessary elements of sexual battery through expert testimony. It concludes that this court should not use this case to impose duties upon an examining physician that would allow negligence and malpractice claims to be asserted by persons injured during an independent medical examination who had never received or requested treatment from the examining doctor.
KTLA agrees that a claim for medical negligence requires proof of a physician-patient relationship and a breach of the duty created by that relationship. See Delaney v. Cade, 255 Kan. 199, 873 P.2d 175 (1994). On the other hand, it notes that a claim for assault, battery, or invasion of privacy requires no special duty. See, e.g., Taiwo v. Vu, 249 Kan. 585, 596, 822 P.2d 1024 (1991) (elements of civil assault stated). KTLA observes that the torts of battery and invasion of privacy similarly lack any requirement of a special relationship between the parties or duty by the defendant. See generally PIK Civ. 2d 14.02 (defining civil battery) and PIK Civ. 2d 14.61 (defining invasion of privacy). KTLA concludes that Dr. Welch's argument that he cannot be liable for an intentional tort because there was no physician-patient relationship, or because his duty was to the defense counsel who hired him to conduct the medical examination, is a legal nonsequitur.
Smith's Assertions
Smith admits she consented to an examination to ascertain the scope of her head and neck injuries. She asserts that Dr. Welch exceeded the scope of a medical examination for head and neck injuries. She argues that even if a breast examination were required, Welch did not conduct a medical exam; he groped and sexually fondled her.
A medical examination of the body of a person is a technical invasion of privacy, battery, or trespass, regardless of its result, unless the person or some authorized person consents to it. Younts v. St. Francis Hospital & School of Nursing, 205 Kan. 292, Syl. ¶ 2, 469 P.2d 330 (1970). Ordinarily, as applied to a surgical operation, the distinction "between an unauthorized operation amounting to assault and battery on the one hand, and negligence such as would constitute malpractice on the other, is that the former is intentional while the latter is unintentional." Hershey v. Peake, 115 Kan. 562, Syl. ¶ 1, 223 Pac. 1113 (1924). The gravamen of a civil invasion of privacy, assault, battery, and sexual battery is grounded upon the actor's intention to inflict injury. See Stricklin v. Parsons Stockyard Co., 192 Kan. 360, 366, 388 P.2d 824 (1964).
The remedy for an invasion of one's right to privacy is a civil action. One's right to privacy is invaded if another intentionally intrudes, physically or otherwise, upon one's solitude or seclusion and if the intrusion would be highly offensive to an ordinary person. PIK Civ. 2d 14.61. It is also important to note that assault, battery, and sexual battery are intentional civil injuries and are also separate and distinct statutory crimes. "An assault is an intentional threat or attempt, coupled with apparent ability, to do bodily harm to another, resulting in immediate apprehension of bodily harm. No bodily contact is necessary." Taiwo v. Vu, 249 Kan. 585, Syl. ¶ 7; see K.S.A. 21-3408. Battery is intentionally or recklessly causing bodily harm to another person or intentionally causing physical contact with another person when done in a rude, insulting, or angry manner. K.S.A. 21-3412. Sexual battery is the intentional touching of the person of another who is 16 or more years of age, who is not the spouse of the offender, and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another. K.S.A. 21-3517.
The Kansas Criminal Code, K.S.A. 21-3101 et seq., does not bar, suspend, or otherwise affect any civil right or remedy, authorized by law to be enforced in a civil action, based on conduct which the code makes punishable. K.S.A. 21-3103. Assault, battery, and sexual battery are statutory crimes; however, the civil injury caused by an assault, battery, or sexual battery is not merged in the crime in that the injured party has a civil right or remedy against the perpetrator of the crime.
Tort of Outrage
The tort of outrage has two threshold requirements that the trial court must determine: (1) whether the defendant's conduct may reasonably be regarded as so extreme and outrageous as to permit recovery; and (2) whether the emotional distress suffered by the plaintiff was of such extreme degree the law must intervene because the distress inflicted was so severe that no reasonable person should be expected to endure it. Taiwo v. Vu, 249 Kan. 585, Syl. ¶ 4.
To prove the tort of outrage, a litigant must show: (1) the conduct of the defendant was intentional or in reckless disregard of the plaintiff; (2) the conduct was extreme and outrageous; (3) there was a causal connection between the defendant's conduct and the plaintiff's mental distress; and (4) the plaintiff's mental distress was extreme and severe. 249 Kan. at 592.
This court has previously reviewed outrage claims. The tort of outrage was recognized in Dawson v. Associates Financial Services Co., 215 Kan. 814, 529 P.2d 104 (1974). There, Dawson, who had been unable to make car payments by reason of symptoms associated with multiple sclerosis, was called repeatedly by Associates' employees who questioned her as to when she was going to make her payments. The calls became threatening, with Associates telling Dawson her credit would be ruined, and there were intimations that her parents' business would be adversely affected because Associates did business with them. Associates also called Dawson's parents, telling them the same thing. There were no allegations that Associates' employees were rude or screamed or used name-calling. The calls caused Dawson's symptoms to radically worsen due to increased stress.
Dawson filed an action alleging that the finance company intentionally harassed her by threatening to repossess her automobile, knowing that she had multiple sclerosis and was making a claim under an insurance policy to cover the loan payments. The trial court directed a verdict in favor of the finance company. Dawson appealed.
The Dawson court reversed the district court, holding that a creditor who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to the debtor is subject to liability for such emotional distress, and if bodily harm to the debtor results from it, for such bodily harm. 215 Kan. 814, Syl. ¶ 1.
In Wiehe v. Kukal, 225 Kan. 478, 592 P.2d 860 (1979), Kukal observed Wiehe threatening her husband with a pitchfork while ranting and raving at him. As a result of this experience, Kukal became severely depressed, her health became poor, she lost weight, and she cried a lot. Kukal recovered $10,000 for severe emotional distress from Wiehe as a result of her anguish.
The Wiehe court reversed the judgment, noting that Wiehe's conduct, uncommendable though it was, was not "extreme and outrageous" because he did not touch Kukal's husband. The Wiehe court found there was no evidence that Wiehe had any prior knowledge of Kukal's susceptibility to mental distress, and, in fact, the evidence was that her mental and physical health had been good and she had evidenced no tendency toward mental or emotional distress or disease prior to the occurrence on December 1, 1973, or that Wiehe intended to cause harm to Kukal.
In Taiwo v. Vu, 249 Kan. 585, Vu lied to the police about Sherry and Obafemi Taiwo's involvement in vandalism and accused Obafemi Taiwo of battering her. The Taiwos filed a civil action against Vu, alleging assault, battery, false imprisonment, and intentional infliction of emotional distress (the tort of outrage). The jury awarded $20,000 to the Taiwos, and the trial judge assessed $3,000 in punitive damages. Vu appealed to the Court of Appeals. The Court of Appeals set aside the judgment and remanded for a new trial. Taiwo's petition for review was granted. The Taiwo court observed that Vu had caused harm to the plaintiff and had abused the criminal justice system for her own purposes. The Taiwo court reversed the Court of Appeals, finding that where reasonable people did not agree on whether the conduct was outrageous, the question is one for the jury. The verdict in the district court was reinstated. 249 Kan. at 593.
Here, the district court held that the threshold requirement, a showing that the alleged conduct of Dr. Welch could reasonably be regarded as so extreme and outrageous as to permit recovery, was not met. In reaching this conclusion, the court did not recognize the distinction between the Wiehe court's finding that the conduct alleged was not outrageous because there was no intent to harm the victim and the Taiwo court's finding that Vu's abuse of the criminal justice system and intentional harm to the plaintiffs was outrageous. Here, Dr. Welch is alleged to have intentionally committed criminal acts under the guise of performing an independent medical examination and to have caused mental distress to the plaintiff.
Dr. Welch's Argument
Dr. Welch presents several arguments in support of the district court's grant of summary judgment. Dr. Welch first claims that as the examining physician, his duty was not to Smith, but to the entity that retained him to examine Smith. In support of this argument, Dr. Welch cites cases that conclude that a physician performing an independent medical examination has no duty to treat the person examined for illnesses or to diagnose illnesses. See Ervin v. American Guardian Life Assur., 376 Pa. Super. 132, 545 A.2d 354 (1988); Elia v. Erie Ins. Exchange, 398 Pa. Super. 433, 581 A.2d 209 (1990); Henkemeyer v. Boxall, 465 N.W.2d 437 (Minn. 1991).
These cases hold that no cause of action accrues when a physician, acting on behalf of the other party in litigation, failed to treat or to diagnose an illness in the opposing party examined. However, none of the cases cited by Dr. Welch discuss whether the physician conducting the independent medical examination may negligently or intentionally injure the person examined. See Wilson v. Winsett, 828 S.W.2d 231, 233 (Tex. App. 1992), which holds that in performing court-ordered examinations, the physician has a duty not to cause harm or injury to the examinee. Additionally, as noted previously by KTLA, whether Dr. Welch had a duty to Smith is irrelevant as to her intentional tort claims.
Dr. Welch's second argument is that court-ordered or agreed-to examinations are appropriate even if they are invasive and potentially embarrassing to the examinee. We agree that a litigant cannot seek compensation for an injury and then refuse examination of the injury by the opposing party because that examination would be embarrassing to the injured party.
If a proper breast examination and an examination of Smith's genitalia were appropriate in investigating and determining the extent of her head and neck injuries, the potentially embarrassing aspects of such an examination, while unfortunate, would be necessary. But Smith's expert states that to determine a head or neck injury, an examination of a woman's breasts or pubic region is not necessary or appropriate. In addition, Smith alleges Dr. Welch did not perform a proper examination of her breasts; he fondled them and attempted to fondle her pubic region. Whether this part of the examination was required or performed in the manner in which Smith alleges is the issue to be determined.
Dr. Welch's final argument is that he had qualified immunity insulating him from liability for injuries caused during the examination by his negligent or intentional acts. The basis of this argument is the historical protection afforded parties and witnesses from liability for damages arising from their testimony during court proceedings. The problem with this argument is obvious. The immunity Welch asserts is directed to the testimony of the witness. If a witness testifying in open court leaped from the stand and battered the attorney questioning the witness, there is little doubt that there would be criminal and civil liability for the battery. Asking intensely personal questions during an examination or fondling Smith's breasts and attempting to grope her genitalia does not fit within the parameters of this historical privilege.
Even though Smith's claims are intentional torts, other courts have considered a physician's liability for negligence during an independent medical examination. Greenberg v. Perkins, 845 P.2d 530 (Co. 1993), involved a physician performing an independent medical examination who prescribed further tests to ascertain the extent of Perkins' injuries. Prior to the testing, Perkins told the physical therapist who was to perform the tests about previous back problems she had. Concerned that the testing would aggravate Perkins' problems, the physical therapist called Dr. Greenberg to tell him of the concerns. Dr. Greenberg replied that the physical therapist should do the best she could. During the course of the tests, Perkins' back problem was aggravated, ultimately requiring surgery to correct.
In determining the extent of Dr. Greenberg's liability, the Colorado court analyzed a physician's duty of care while performing independent medical examinations. The court noted:
"Many courts set forth a 'general' rule that in the absence of a physician-patient relationship a physician owes no duty to an examinee. [Citations omitted.] Many of these same courts, however, recognize a duty of care if the examining physician undertakes in some way to act on behalf of the examinee [citations omitted] or induces reasonable reliance by the person examined. [Citations omitted.] Some courts conclude that medical malpractice standards govern, and recognize a duty of care simply on the basis of the relationship created by the referral and examination. [Citations omitted.] Others agree but temper this conclusion by expressly limiting the scope of the duty to the functions the physician agrees to undertake. [Citations omitted.] Still others hold that the absence of a physician-patient relationship precludes a malpractice action, with the concomitant broad duty of care, but that an ordinary negligence action can be maintained in appropriate circumstances. [Citations omitted.] Some of these latter cases are based on the well recognized principle that a person who assumes to act must act with care. [Citations omitted.]" 845 P.2d at 535.
Regardless of the standard of care, the Colorado court noted "all courts that have considered the issue agree, under one form of analysis or another, that a physician owes a duty of care to a nonpatient examinee to 'conduct the examination in a manner not to cause harm to the person being examined.'" 845 P.2d at 535 (citing Rand v. Miller, 185 W.Va. 705, 707, 408 S.E.2d 655 [1991] [quoting Keene v. Wiggins, 69 Cal. App. 3d 308, 313, 138 Cal. Rptr. 3]).
Dr. Welch was retained by the defendant to perform an examination and determine the extent of a head and neck injury. Although the examination was not court-ordered, it was agreed to by the parties' counsel. This agreement was in lieu of a court-ordered independent medical examination. Under either circumstance, Smith had every reason to believe she would be treated with dignity. She certainly had a right not to be criminally assaulted, battered, or sexually battered. If the allegations of such conduct are proven at trial, would an average person find a medical examination under those circumstances to be outrageous? Yes.
The parties also disagree whether a physician-patient relationship existed between Smith and Dr. Welch. A physician is obligated to his or her patient to use reasonable and ordinary care and diligence in the treatment of cases the physician undertakes, to use his or her best judgment, and to exercise that reasonable degree of learning, skill, and experience which is ordinarily possessed by other physicians. Durflinger v. Artiles, 234 Kan. 484, Syl. ¶ 3, 673 P.2d 86 (1983). The district court held the relationship between Smith and Dr. Welch was not an ordinary physician-patient relationship.
Was there a physician-patient relationship between Dr. Welch and Smith? No. Dr. Welch was not treating Smith or examining her to recommend a course of treatment. The physician was retained to provide an expert medical opinion on an issue involved in civil litigation. Under such circumstances, the traditional physician-patient relationship does not exist.
Does a physician performing an independent medical examination have a duty not to negligently injure the person examined? Yes. A physician performing an independent medical examination has a duty to use reasonable and ordinary care and diligence in the examination the physician undertakes, to use his or her best judgment, and to exercise that reasonable degree of learning, skill, and experience which is ordinarily possessed by other physicians. See Durflinger v. Artiles, 234 Kan. 484, Syl. ¶ 3. The examining physician has a duty not to negligently cause harm or injury to the person examined.
Is the duty of a physician not to injure the person being examined affected by the fact that physician was employed by a third party? No. The duty of a physician conducting an independent medical examination not to injure the person being examined is not affected by the fact that the physician was employed to conduct the examination by a third party and no contractual relationship existed between the physician and the person being examined. Malone v. University of Kansas Medical Center, 220 Kan. 371, 375, 552 P.2d 885 (1976).
A physician performing an independent medical examination is obligated to the person being examined to make a reasonable disclosure of pertinent facts and hazards within the physician's knowledge relating to the proposed examination so that the person being examined may make an intelligent decision to consent or refuse the examination.
Is the physician-patient relationship necessary for an intentional tort claim asserted by the person being examined? No. As to the intentional tort claims of invasion of privacy, assault, battery, and sexual battery, it makes no difference whether a physician-patient relationship exists.
Did the district court err in granting summary judgment on Smith's invasion of privacy, assault, battery, and sexual battery claims? Yes. Drawing inferences in favor of Smith, as required in reviewing a summary judgment, the facts alleged by Smith indicate that during the independent medical examination, Dr. Welch repeatedly grabbed Smith's hands and moved them away from her breasts so he could grope and fondle her breasts, placed a cold stethoscope on her nipples, and attempted to touch her genitalia. The acts alleged that there was an intentional touching of the person of another who is not the spouse of the offender and who did not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another. The facts alleged, if proven at trial, establish invasion of privacy, assault, battery, and sexual battery and those claims, in the context of a medical examination, are outrageous. The district court erred in granting summary judgment.
Smith voluntarily dismissed without prejudice her negligence and misrepresentation claims. Yet Dr. Welch seeks to cross-appeal the district court's denial of summary judgment on those claims. As Dr. Welch acknowledges, an appeal is appropriate only after a final judgment on all claims has been rendered. Bates & Son Construction Co. v. Berry, 217 Kan. 322, 324, 537 P.2d 189 (1975). Because there was no final judgment on Smith's negligence and misrepresentation claims, we are without jurisdiction to determine Dr. Welch's cross-appeal.
Reversed and remanded for further proceedings.
LARSON, J., concurs in the result.


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For Ryan Lochte, reality TV debut goes less than swimmingly
Despite his beauty, his 11 Olympic medals, his dumb-as-hair-edness, his impressive abs, Ryan Lochte seems not destined to become The Next Big Thing in reality TV.
A mere 807,000 viewers tuned in at 10 p.m. Sunday to enjoy the debut of his highly hyped E! reality series, "What Would Ryan Lochte Do?" -- a satisfyingly shirtless look at the swimmer who made headlines at last summer's London Olympics for his competition victories and unintentionally funny interviews:Jeah!
"Being Ryan Lochte is . . .fun," Lochte revealed in the first episode, disclosing that he came up with his trademark shout-out, "Jeah!" by adding a "J" sound to the word "Yeah!"
How could this show not be a hit?
And yet, as E! was unveiling its reality star Lochte, about twice as many people were instead watching a rerun -- a rerun! -- of Bravo's "Real Housewives of Atlanta."
E! had done its darnedest to launch Lochte's TV career. The network gave him the best of all possible lead-ins:
Ryan Seacrest.
Not just Ryan Seacrest. Ryan Seacrest interviewing . . .
The Kardashians.
Seacrest and the K's scored an impressive 1.5 million viewers.


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Trumpf Names Wisconsin Rep
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Friday, October 1, 2010
Hegman Machine Tool Inc., Maple Grove, MN, is the new exclusive representative for Trumpf products in Wisconsin. The company also covers Nebraska, Western Iowa, Minnesota, the Dakotas and Western Wisconsin for Trumpf, a manufacturer of fabricating equipment including laser-cutting machines, press brakes and punch presses.
See also: TRUMPF Inc.
Related Enterprise Zones: Fabrication
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ACA's next obstacle: Confused users
Obama administration officials hoping to exhale after the big finish to Obamacare's first enrollment season may need to hold their breath a while longer.
All the confusion and mixed messages out there are bound to combust if people decide they were misled — an echo of the "you can keep your plan if you like it" fiasco.
Story Continued Below
"If there's been a failing with the Obama administration [communication], it's the failure to adequately plan for that kind of extensive, repeated interaction with people at the community level," said Larry Jacobs, an expert on health politics at the University of Minnesota. Successful outreach doesn't depend on just one jingle, he stressed. "It's repeated and unceasing outreach at multiple levels."
( CARTOONS: Matt Wuerker on Obamacare)
Some of the missed points and mixed-up details could bite the administration almost immediately as people start using their new plans and blame surprises on the White House. Other lingering public misconceptions could feed Republican attacks through the November midterm elections.
Here are six big danger points.
1. I'm sick! Why can't I get covered?
Coverage of pre-existing conditions was a big selling point of the law, but not everyone realizes that they can't just sign up the minute a condition is diagnosed. The regular dates and deadlines for enrolling still apply, no matter when you get appendicitis.
Yet 6 in 10 uninsured Americans didn't know March 31 was the cutoff for getting 2014 coverage, according to a Kaiser Family Foundation poll last month. They didn't know that missing the deadline meant they'd be locked out until November (unless they're eligible for Medicaid, which has no such restriction.)
"Since they don't even know that there's a deadline, I don't think that they could know the next step, which is that they can't enroll for the rest of the year," said Mollyann Brodie, executive director of public opinion and survey research at Kaiser.
"It's going to be a shock, and we are going to be fielding a lot of calls," said Michael Mahoney, a senior vice president with the online insurance broker GoHealth. "But there's not much you can do to help."
( PHOTOS: 20 quotes: More Obamacare, less work)
One reason for the confusion might have been all those delays and extensions. Just before March 31, the administration granted people with special circumstances or sign-up difficulties a bit more time.
"There's almost an assumption that there's never a real deadline on anything," said Tom Miller, a fellow at the American Enterprise Institute and a critic of the law.
The risk: Anyone who gets sick and thinks they can just waltz in and get insurance is in for a shock. They just might blame it on Obamacare — or President Barack Obama. And then when they get hit with a penalty for not having insurance, they'll be even angrier.
2. The $95 mandate myth
Most people know there's a penalty for being uncovered. But they are wrong about the amount.
"You have to pause and say, 'It's not one Ben Franklin, it's probably closer to three,'" said Brian Haile, senior vice president for health policy at Jackson Hewitt Tax Service Inc. Customers constantly walked in and declared that they were going to forgo coverage and cough up the $95 penalty, he said. Then they'd learn that it was actually $95 or 1 percent of income, whichever is greater. In 2016, the amount increases to $695 or 2.5 percent of income.
( Also on POLITICO: Obama's challenge: Don't blow it)
"They say, 'Well, that's a lot more than what my congressman told me, or what I read in the newspaper or heard on television,'" Haile said. "They're sort of flummoxed."
The government didn't stress the penalty during much of the outreach. "I have a strong feeling that the kind of vagueness about the mandate and penalty was deliberate," said Jacobs, the political scientist. "It's better to attract people with the benefit than threaten them the IRS is going after them."
Ceci Connolly, managing director of the Health Research Institute at PricewaterhouseCoopers, said she's not sure that was a smart strategy. Her research found that Massachusetts's emphasis on a penalty when its own health reform law took effect motivated people to sign up.
Of course, Obamacare won't hit anyone with a fine until Americans start to do their 2014 taxes next year. That means it comes due in 2015 — after the November midterms but in time for the 2016 presidential campaign.
The risk: a delayed but nasty surprise at tax time.
( Also on POLITICO: Friess's Obamacare-Hitler parody)
3. I can't afford Obamacare
Four in 10 uninsured Americans still don't know that the Affordable Care Act offers financial assistance to low- and moderate-income individuals, according to that Kaiser poll. Plus, many of the GOP attacks on the law that people hear are about its cost.
Enroll America found that perception of high costs was the single biggest barrier to enrollment in this first season. Over the course of the enrollment period, the group fine-tuned its messaging to stress the availability of financial help and interest soared. "Once the connection is made, the likelihood of those people enrolling goes through the roof," Enroll's field director John Gilbert said.
But sometimes people who knew generally about the assistance didn't realize that they themselves might qualify, said Christine Barber, a senior policy analyst at Community Catalyst. "People are really surprised that they can get financial help and that the law can benefit them," she said.
And subsidies don't prevent sticker shock for everyone; the aid gets "thinner" as people move up the sliding income scale. "That will be off-putting for some," said Karen Pollitz, a senior fellow at Kaiser.
It's impossible to know how many people never applied for coverage — or sidestepped an exchange and bought a policy elsewhere at full cost — because they didn't understand how much help was available.
The risk: People who learn that they missed out on a good (or a better) deal will want to blame someone — and it probably won't be themselves.


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The Office of Information Security manages several University policies, standards and guidelines related to security and privacy. Taken together, these documents outline requirements for areas as diverse as acceptable use of computing resources, technical and security requirements for devices, and classifying and protecting data.
State laws, Federal laws, and contractual agreements sometimes impose requirements for privacy and security beyond those outlined in University policies. Summaries, official contacts, and references are available for the following:


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Which American President Had the Worst Year 5?
Was it Obama? We asked a panel of historians to weigh in.
As President Obama approaches the end of his fifth year in office, his approval ratings are reaching new lows. According to the latest Washington Post-ABC News poll, just 43 percent of Americans approve of the job he's doing—down 9 percentage points from the same time last year. In polls comparing confidence in Obama to confidence in congressional Republicans, the president has lost ground with the public on every measure since last year—from his handling of the economy to protecting the middle class.
The dismal numbers are a reflection of a rocky year. From still-sluggish job growth to Edward Snowden's revelations about the National Security Agency's spying on Americans to the partial government shutdown to the botched rollout of HealthCare.gov, little seems to have gone right for the White House in 2013.
Story Continued Below
At least, that's one way to look at Obama's second-term woes. Another possibility is that there's just something about Year Five itself—some immutable law of the American political calendar that condemns our presidents to a miserable time after their second inaugural. Maybe it's about presidents and their re-election hangovers, or their opponents' renewed determination to thwart the White House agenda, or perhaps it's simply the problem of the public's inevitable fatigue. What's clear is that, while the causes may differ, Obama is by no means alone in his fifth-year flop.
We asked a panel of distinguished historians to tell us which American presidents also had rough starts to their second terms, and their responses are a reminder that West Wing misery has plenty of company: Many presidents, even some of our most fondly remembered, have suffered from disastrous fifth years.
H.W. Brands: F.D. Roosevelt
In 1937, the greatest president of the twentieth century suffered the worst fifth year in presidential history. Franklin Delano Roosevelt's effort to reform the Supreme Court was denounced as "court-packing" and cost him nearly all the momentum he had gained in his huge reelection victory. And then the economy tanked, undoing most of the progress that had been made against the Great Depression. The Roosevelt magic was gone; even Democrats began turning against him. If World War II hadn't given him another chance, he would be remembered today as a mediocre president at best.
Jean Edward Smith: F.D. Roosevelt
With the exception of Lincoln, FDR had the worst fifth year of any American president. And it was all self-inflicted. He began by attempting to pack the Supreme Court. Roosevelt wanted to appoint a new justice for every justice who was 70 and had not retired. That would have given him six additional appointments. It was overreach.
Then Sen. Taylor Robinson, the majority leader, died in the middle of the fight, and Roosevelt did not attend his funeral in Arkansas. That further alienated the Senate. Finally, FDR thought the Depression was over and cut the federal budget drastically. That precipitated the economic downturn in 1938 and 1939. If war had not come, FDR would have been a two-term president. And he would have been ranked good, not great.
Peter Hahn: Richard Nixon
Arguably, Richard Nixon experienced the bumpiest "year five" in recent history. Nixon triumphed in the 1972 presidential election by huge margins, collecting 60.7 percent of the popular vote and gathering 520 electoral votes to his opponent's 17. And in January-February 1973, he officially ended the Vietnam War and welcomed home American POWs. By the end of 1973, by contrast, the Arab-Israeli October War escalated international tensions, provoking a military alert and undermining the détente policy that Nixon had championed. At home, the Watergate scandal—which resulted in resignations, criminal convictions, congressional and press inquiries, and the "Saturday Night Massacre"—together with the forced resignation of Vice President Spiro Agnew placed Nixon on a fast track to a disgraceful, premature exit from the White House.
James Goldgeier: Richard Nixon and others
The gold standard for a rough first year of a modern second presidential term belongs to Richard Nixon in 1973, as Watergate burst into the nation's consciousness. The Affordable Care Act enrollment rollout does not come close. Other modern presidents have gotten into deep trouble in their second terms—Ronald Reagan with the Iran-Contra affair and Bill Clinton with the Monica Lewinsky scandal. At the conclusion of Year One of his second term, while his aides grapple with his dismal approval ratings, Barack Obama no longer faces the threat of another imminent government shutdown, thanks to the budget agreement in Congress, and his administration has opened the possibility for a nuclear deal with Iran—participating in the highest-level talks between the two countries in nearly four decades. All in all, it could be a lot worse.
Jack Rakove: James Madison
Few presidents have had a worse fifth year than James Madison, when the United States went from one reverse to another in the War of 1812. Most critics treat his conduct of the war as a low mark in the history of the presidency. The New England states sat the war out, and even mused about secession. Yet Madison left the presidency in 1817 a popular leader, buoyed not only by the patriotism that flourished after the war, but by the widely held belief that he had acted as a republican president should, holding to the constitutional principles he did so much to establish. Perhaps there is a deeper lesson in his presidency we should all contemplate.


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Before you settle on the right Greenbelt geothermal heating system for your house, it is important for you to make sure that you think about the prospects and factors that determine the costs of getting this system. The size of your building or home will determine the cost. In most cases, you will spend a bit less on the system if you had a smaller house as compared to someone who has a bigger house. The dynamics of this arrangement can be addressed when you get in touch with professional contractors who will handle the installation on your behalf.
Estimated final cost for geothermal heating
|Fair Price
|Radiant Heating Cost
|215 Square Feet
|Radiant Heating Labor
|18.7 Hours
|Radiant Heating Job Materials and Supplies
|200 Square Feet
|Totals - Cost to Install Radiant Floor Heating - 215 Square Feet
|Average Cost Per Square Foot


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April 21, 2016
Pan Fried Chicken with Morel Mushroom and Shallot Sauce
It is that time again... Morel Mushroom season. We are heading to my parents this weekend for some mushroom hunting and fishing, and it sounds like the best way to spend a spring Sunday. I'm re-sharing this from 2013, our first Spring back home.
I try to cook as seasonally as I can. When I'm lost on what to make for dinner, I head to the store to see what looks good - what produce is new and fresh. When we lived in Concord, that usually meant going to Verrill Farm to see what they had fresh from the field (and to snack on a Cranberry Orange scone...). Here, I rely on the Brookside Market until the Farmers' Markets start up later in the spring. Last week while wondering through the store for inspiration I saw the coveted Morel Mushrooms next to the Asparagus... spring!
You might remember my post last fall about our family's tradition of hunting morels each spring - my Granny's all-time favorite. I posted about a Cream of Morel Soup I created in her memory. So, now that Morel season is upon us (... in the store at least), I'm anxious to fix some of my favorites - starting with this recipe of Pan Fried Chicken in a Morel Mushroom and Shallot Sauce. This weekend I'm going to experimenting with more recipes as my family is all getting together for a weekend of "Mushroom Hunting." I'm wondering if I can train Mr. Darcy to sniff out morels similarly to the Truffle hunting dogs in France....
Pan Fried Chicken
with Morel Mushroom and Shallot Sauce
2 pounds of chicken breast (or tenders)
1/4 cup of flour
1 tablespoon of sea salt
1/2 tablespoon of pepper
5 tablespoons of butter
2 shallots, minced
4-6 ounces (about 12 sm/med sized) morel mushrooms, halved
1 cup of white wine
1/2 teaspoon of sugar
3/4 cup of cream
Preheat oven to 325 degrees.
If using chicken breasts, filet each breast so it is half the thickness. If using tenders they should be the correct size already.
Combine flour, salt and pepper. Dredge chicken in the flour mixture. In a skillet, melt 3 tablespoons of butter over medium heat.
Brown chicken in the butter for 3 minutes on each side. Remove chicken from pan and place on a sheet pan. Bake the chicken for 10-15 minutes in the oven until cooked through, depending on the size of the breasts or tenders.
In the same skillet in which the chicken was browned, add the remaining 2 tablespoons of butter and shallots. Cook for 2-3 minutes until the shallots are tender, then add mushrooms. Cook for 2-3 more minutes until the mushrooms are soft.
Add white wine and sugar to the pan and using a wooden spoon, scrape the bits from the bottom of the pan to create a sauce with the wine. Bring to a simmer and cook for about 5 minutes until it has reduced slightly. Add cream and cook for 3 more minutes until it is smooth and creamy. Serve warm sauce over browned/baked chicken.
I was tempted to serve the chicken and sauce over mashed potatoes, but then I thought...
How about a Banana Cream Pie for dessert? Recipe, here >
Labels: Chicken, Dinner, morel mushrooms, Recipes, spring, spring recipes, springrecipes
5 comments:
Suzanne of SimplySuzannesATHomeReplyDelete
I have company coming into town tomorrow night, and I think I'll serve them this! Thanks!
YUMMY! I am just learning to cook and your pictures makes it so much easier!!! Thank you.ReplyDelete
- Anonymous10:45 AM
Is there an easy way to print off your recipes without the pictures? I'm old fashioned and like to print out some of the recipes. Love your blog, recipes, ideas, etc.ReplyDelete
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Bessie Smith
The Empress of the Blues' reign was definitive, unprecedented and glorious.
Bessie Smith was rare for many reasons—her musical apprenticeship under Ma Rainey, her songs about liberated women, her plainspoken style that foreshadowed rap—but nothing distinguished her more than her voice.
Bessie Smith earned the title of "Empress of the Blues" by virtue of her forceful vocal delivery and command of the genre.
Her singing displayed a soulfully phrased, boldly delivered and nearly definitive grasp of the blues. In addition, she was an all-around entertainer who danced, acted and performed comedy routines with her touring company. She was the highest-paid black performer of her day and arguably reached a level of success greater than that of any African-American entertainer before her.
Smith was born in Chattanooga, Tennessee in 1894. Like many of her generation, she dreamed of escaping a life of poverty by way of show business. As a teenager she joined a traveling minstrel show, the Moss Stokes Company. Her brother Clarence was a comedian with the troupe, and Smith befriended another member, Gertrude "Ma" Rainey (a.k.a. the "Mother of the Blues"), who served as something of a blues mentor. After a decade's seasoning on the stage, Smith was signed to Columbia Records in 1923. Her first recording—"Down Hearted Blues" b/w "Gulf Coast Blues"—sold an estimated 800,000 copies, firmly establishing her as a major figure in the black record market. Smith sang raw, uncut country blues inspired by life in the South, in which everyday experiences were related in plainspoken language—not unlike the rap music that would emerge more than half a century later. She was ahead of her time in another sense as well. In the words of biographer Chris Albertson, "Bessie had a wonderful way of turning adversity into triumph, and many of her songs are the tales of liberated women."
Some of her better-known sides from the Twenties include "Backwater Blues," "Taint Nobody's Bizness If I Do," "St. Louis Blues" (recorded with Louis Armstrong) and "Nobody Knows You When You're Down and Out." The Depression dealt her career a blow, but Smith changed with the times by adopting a more up-to-date look and revised repertoire that incorporated Tin Pan Alley tunes like "Smoke Gets in Your Eyes." On the verge of the Swing Era, Smith died from injuries sustained in an automobile accident outside Clarksdale, Mississippi in September 1937. She left behind a rich, influential legacy of one hundred sixty recordings cut between 1923 and 1933. Some of the great vocal divas who owe a debt to Smith include Billie Holiday, Dinah Washington, Sarah Vaughan, Aretha Franklin and Janis Joplin. In Joplin's own words of tribute, "She showed me the air and taught me how to fill it."
In 1989 Smith was awarded a Grammy Lifetime Achievement Award, and in 1994 the U.S. Postal Service issued a commemorative Bessie Smith postage stamp. Smith's song "Downhearted Blues" has also received numerous awards. In 2001 it was named one of the Songs of the Century by the National Endowment for the Arts. In 2002 it was placed on the National Recording Preservation Board by the Library of Congress, and in 2006 it was placed in the Grammy Hall of Fame.
Inductee: Bessie Smith (vocals; born April 15, 1894, died September 26, 1937)