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Crystal Springs and San Andreas lake visible in the distance. Los Trancos is an unusually high spot along the fault line.
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Moss & Colella announces victory in Court of Appeals decision on complex no-fault motorcycle accident case
Court finds “no error” in attorney remarks to jury
Media contact: Barbara Fornasiero, EAFocus Communications, 248.260.8466; barbara@eafocus.com
Southfield, Mich. — January 3, 2019 — David M. Moss, founding partner of Southfield-based civil rights and personal injury law firm Moss & Colella, P.C., announced victory following a December 27, 2018 Michigan Court of Appeals decision in Frank Wojcik v AAA. This is the second victory in the complicated case, where David Moss and Moss & Colella associate attorney Ryan Piekarski previously won a jury trial.
Background:
This is a claim for Personal Injury Protection (“PIP”) benefits under the Michigan No-Fault Act. At 10:00 p.m. on July 28, 2013, Plaintiff Frank Wojcik and his girlfriend and passenger Tiffany Clarke, sustained injuries in a motorcycle accident while traveling northbound on a two-lane roadway in rural Bay County. Wojcik suffered a closed head injury and had no memory of the accident. Clarke testified that just prior to Wojcik losing control, a vehicle approached from behind, passed the bike, and re-entered the lane in front of them, causing Wojcik to lose control, fishtail and flip the bike.
According to Defendant AAA, Wojcik lost control of the motorcycle while entering a left-hand curve immediately prior to the intersection, and then the motorcycle ran off the right side of the road and crashed into a ditch. Defendant AAA further contended that alcohol may have been a factor. More importantly, AAA argued that “this was a single motorcycle accident with no other vehicle ‘involvement.'” The only “eye-witness” that had seen “headlights” for a split second before the crash admitted that a cornfield obscured his view of the straight part of the road. The witness testified “…[Wojcik] didn’t even come close to making the corner, just went straight” (suggesting that Wojcik was unable to control his bike as he entered the curve in the road). Motor vehicle involvement ultimately became the centerpiece of the trial and the issues presented for appeal.
A Michigan State Trooper arrived on scene and briefly interviewed both the eyewitness and Clarke. Three days later, the trooper interviewed Clarke again. During the interview, Clarke failed to mention another motor vehicle was involved in the accident. Later, she swore in an affidavit that “[a] car rapidly pulled up behind Frank’s motorcycle and then attempted to pass us by pulling around to our left. The car cut back in front of us causing [Wojcik] to brake to avoid contact, which resulted in [him] sliding on the gravel and losing control of the motorcycle.”
Approximately two months later, Clarke submitted a claim for no-fault PIP benefits, alleging it was the other vehicle that caused Wojcik to lose control. The claim was promptly denied by AAA, prompting Clarke and Wojcik to file their lawsuits. Contemporaneously in a separate filing, Clarke filed a negligence lawsuit against Wojcik, claiming that his actions and omissions caused the accident resulting in her injuries.
While the two cases were still separate, Wojcik filed a motion for summary disposition in his case on the issue of motor vehicle involvement, relying on Clarke’s affidavit and contending that no other evidence effectively countered it. The trial court granted the motion, but on Defendant’s interlocutory appeal, the Court of Appeals reversed, concluding that “Clarke’s credibility, in this case, is crucial to determining whether a motor vehicle was involved.” The case was remanded for trial and the jury ultimately rendered a verdict in favor of the plaintiffs. Damages for no-fault PIP benefits and penalty interest were awarded and separate judgments for Clarke and Wojcik were entered pursuant to the verdict.
The Court of Appeal Findings:
Following trial, AAA filed an appeal, arguing that the trial court erred (1) in precluding defense counsel from impeaching Clarke with the allegations she made against Wojcik in her third-party lawsuit, and (2) allowing plaintiff’s counsel to argue that “mere” evidence of motor vehicle involvement was sufficient to entitle the injured motorcyclist to collect no-fault benefits.
The Court of Appeals rejected both arguments. With respect to AAA’s claim that it was wrongfully denied an opportunity to introduce Clarke’s complaint, the court held, “[w]hile defendant claims that the exclusion of evidence regarding Clarke’s legal claims against Wojcik hindered its ability to challenge Clarke’s credibility, particularly with regard to whether an SUV caused the accident giving rise to these appeals, a thorough review of the record, particularly defense counsel’s cross-examination of Clarke, belies the claim.” As for AAA’s claim of “egregious” conduct on the part of Plaintiff’s counsel in suggesting a different standard of proof than that allowed by law, the Court found that the jury was instructed properly on the law. “Jurors are presumed to follow instructions and defendant is therefore hard-pressed to assert that it was prejudiced by any alleged errors or that the alleged errors impacted the outcome of the jury’s verdict.”
Moss & Colella responds:
David M. Moss, counsel for Wocjik, said the key to the trial victory was witness preparation.
“We always knew the case would rise or fall on the testimony of Clarke; therefore, we had to make certain that she was thoroughly prepared for a rigorous cross exam,” Moss said. “While establishing Clarke’s credibility was important, exposing the inexperience of the trooper and the inability of the eye-witness to have actually seen the accident were equally as influential.”
Ryan Piekarski argued the case before the Court of Appeals.
“From the start, the panel was troubled by AAA’s inability to cross-examine Clarke on the allegations in her negligence case; however, I was able to point to numerous places in the record where the defense had the opportunity to challenge her credibility before the jury,” Piekarski said. “Having a precise recollection of the record, in addition to being able to quickly cite to the legal standards and precedent, were crucial to flipping the panel.”
About Moss & Colella
Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination, medical malpractice, and wrongful death. If you or a loved one is searching for a Michigan police brutality lawyer or a Michigan truck accident lawyer, look no further. The firm is recognized as a leader in complex tort litigation, including excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, motorcycle accidents and other serious injury and wrongful death claims. To learn more about the firm and its diverse areas of practice, visit www.mosscolella.com.
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Wasserbillig is a lovely village on the River Mosselle. It has territory in France, Luxembourg and Germany. A tax man's nightmare!
The Wilson Cliffs are a scenic wonder overlooking Las Vegas and its valley from the west. They are comprised of Aztec Sandstone. Early Jurassic in age (~175-200 million years old), they formed as dunes in a vast desert, or erg. Elsewhere the same desert is preserved as Navajo Sandstone, and stars in Zion Canyon, Capitol Reef, San Rafael Reef, Comb Ridge and other geological attractions. The dark rock above it is the Bonanza King Formation in what's called the Keytone Plate. It is of Cambrian age, or just under 500 million year old. It arrived where it is by sliding eastward, perhaps as much as 60 miles, until it came to rest on the much younger Aztec sandtone. This event is called the Keystone Thrust, and is one of the world's best-exposed examples of horizontal movement on a thurst fault. The north end of this area is in the Red Rock Canyon National Conservation Area, and most dramatically exposed as white and red rocks surrounded by dark alluvium eroding off the Bonanza King formation above. That formation is mostly dolomite.
These fault may represent 'soft-sediment' deformation related to dewatering of the sandstone - opinions differ. No broken grains may be observed along the faults, it looks like grains have rolled instead of fractured.
Check out the horizontal displacement of this fault at Hoover Dam. It preceeded the construction of the Dam which is rated to withstand an earthquake in the range of 8.0. The shiny surfaces, because of compression, are called slickensides. They are naturally polished rock surfaces that occur when the rocks along a fault rub against each other, showing the direction of movement.
I took a walk on a Saturday night
Fog in the air
Just to make my mind seem clear
Where do I go from here?
I see my breath pushing steam through the air
Shaking hands run through my hair
My fears, where do I go from here?
I have 5-10 photos taken the same evening from the San Andreas Fault. I've been toying with the saturations and hues and it's been a lot of fun.
BTW, the mountains in the background are about 15-20 miles away.
It rained last night. Not too much ice, but it was cold enough to freeze on the roof of the car this morning. Made some neat patterns.
Momento Mori-
Some people live their lives as if each day will be their last.Some approach love the same way,in a desperate attempt to outrun the tiny changes or huge ones that are always looming on each of our horizons.But the sense of urgency that comes from wanting to experience life and love to the fullest can force decisios that are not always in your best intrest or anyone else's,for that matter.In fact,sometimes facing the consequences of your choices can be even worse than death.You may live only once,but you don't necessrily want it to feel like forever.
Sometimes You Have To Go It Alone-
No guts,no glory.Like a kamikaze,there are times when you may be required to leave the life you knew behind and give it over to a greater purpose.The costs can be high,to your heart,soul,and reputation.Whether or not what you gain will ultimately outweigh what you gave is impossible to know,and really irrelevant.Your comfort comes in the knowledge that some things are worth sacrificing for.
Keep The Change-
Holding on to someone you know you have to let go of is not just a way to delay the inevitable for them,but for yourself,as well.It protects you from having to make the transition you are about to impose until you are good and ready.Like canceling on an out of town guest you've been longing to see,but never quite had the time to plan for,its the convenient,easy way out-for you.
I Against I-
We are often so distracted by the internal war between what we want to do and what we have to do that we overlook what we need to do.Not need in the sense of an obligation to others,but in the sense of a compulsion to preserve our own sanity.When doing what others think we should do comes into direct conflict with what our heads or hearts demand,it's time to choose wether our top priority is to please others or to please ourselves.
Missed Oppurtunity-
We don't miss what we never had,but we miss terribly things we almost had.And we miss things we used to have most of all.Though we hope and pray for our relationships,our looks,and our lives to improve,having more also means having more to lose.
Critical Condition-
just as love blinds us to imperfections in others,it magnifies those we see in ourselves.but if this is true,then the opposite must also be the case.we can take comfort in the fact that our faults will be invisable to those who love us.The success or failure of any relationship depends not just on how we feel about eachother,but on how we make each other feel about ourselves.
thats all i can get for now,my fingers are killing me.
all quotes are from the book,Ghostgirl Lovesick by Tonya Hurley,an amazing writer,i love her books <3
i hate how this makes her face look filthy >.<
Hossein Valamanesh
Sandstone, wood and bronze sculpture, 1996
Riverside Quay, Southbank (Melway ref. 1A, J12)
Hossein Valamanesh was born in Tehran, Iran, in 1949 and arrived in Australia in 1970. His distinguished career has involved national and international solo exhibitions across a variety of mediums.
Originally, his Fault Line, created for its Southbank site, comprised a 70-metre granite path to the river’s edge, a derelict wooden jetty, a sandstone-veneer ‘ruin’ and two bronze half-figures and a rowboat. The sculpture reflected Valamanesh’s abiding interest in memory, destruction and survival.
Fault Line was partially decommissioned in 2007. By then, the two figures had already been irreparably damaged and were removed, and the sandstone ‘ruin’ at the southern extremity had become impossible to maintain and keep safe. The regrettable decision was made to decommission these elements of the work, along with the bronze rowing boat and single oar that had not been stolen. In an effort to retain some presence of the ‘ruin’, a trace of its plan was made using the original sandstone. This memory trace is flush with the surrounding ground surface. The boat and remaining oar have been stored offsite.
Photograph by Louis Porter
(2010-07-08). Deux équipiers du sprinteur Cavendish (HTC-Columbia) roulent à Montereau-Fault-Yonne en tête du peloton pour rattraper les 3 coureurs échappés. Ce qui s'avérera payant car c'est le sprinteur de l'île de Man qui remportera le sprint final.
volvo B12B plaxton panther, i was almost run over by this coach on its way in to the coach park (my fault though for standin in the roadway on a corner)
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Zara Larsson si esibisce per il pubblico del Fabrique di Milano il 4 novembre 2017.
Zara Maria Larsson è una cantante, compositrice e ballerina svedese.
È nota a livello mondiale soprattutto per i suoi singoli di successo Lush Life, Uncover e Never Forget You e per aver collaborato con David Guetta alla realizzazione di This One's for You, ovvero l'inno degli Europei di calcio 2016 (certificato doppio Platino in Italia), e Tinie Tempah in Girls Like.
Zara Larsson è un fenomeno tutto in ascesa. La star ha pubblicato lo scorso 17 marzo in tutto il mondo il suo album “So Good” via Sony Music. Il video della title-track, brano scritto per lei da Charlie Puth, contiene il featuring di Ty Dolla $ign e ha totalizzato finora oltre 20 milioni di visualizzazioni su YouTube. L’album include anche la hit “Lush Life”, singolo certificato terzo disco platino in Italia, “Ain’t My Fault” (certificato Oro), il brano “Never Forget You” insieme a MNEK (certificato platino) e l’ultimo singolo attualmente in radio “Don’t Let Me Be Yours”, scritto da Ed Sheeran.
Dal 31 marzo ha preso il via, insieme ai Clean Bandit - band che ha scelto Zara come featuring artist per la loro hit “Simphony”- il tour negli Stati Uniti e in Canada dove la ventenne cantante svedese ha già uno zoccolo duro di fan.
Esibirsi in concerto è ciò che Zara Larsson ama di più fare: “Il mio sogno è stare di fronte a 25mila persone in un palazzetto sold-out e sapere che ognuno uscirà con un mio ricordo. Questo è davvero meraviglioso”.
Photoshoot with the band Cascadia Fault Line, 13th of April, while they were recording some songs in the Nordic Church, Liverpool, England.
The 125th Street Fault Line runs under 125th Street in Manhanttan. As the ground dips downward towards the rift, a valley is created that required the subway to go above ground and become a trestle bridge. If you take the train from this station, you'll be back underground pretty quick, but you'll notice the tracks don't angle *down* all that much because the tracks are relatively level; it's the ground that drops below the level of the tracks! N. T. Miller, 31 May 2010
Photo: truphotos.com
Artists: Marla Bendini, DarkMatter, Juntae TeeJay Hwang, Lam Hoi Sin, Loo Zihan, and Bhenji Ra & Justin Shoulder
'Fault-lines: Disparate and desperate intimacies' was an exhibition by emerging curator Wong Binghao that introduced a new generation of artists who address queer experiences in their work. Shaped by Wong’s research in three broad areas—queer diasporas, affect and kinship—it presented video, installation and performance by emerging artists from Singapore, Asia and the United States.
The works in 'Fault-lines' reflect the artists’ personal experiences of moving across physical, cultural and virtual spaces. Displacement and flux complicate young people’s notions of embodiment, desire, and belonging, and inform the making of these works. The exhibition conveyed feelings of loneliness and estrangement through unique visual and verbal languages.
'D' (2015) by Hong Kong-based artist Lam Hoi Sin is a 10-metre wide vinyl installation that shows the geographical distance in kilometres between users of online dating sites. 'Ex nilalang' (2015), a high-definition video by Bhenji Ra & Justin Shoulder currently on view at the 8th Asia Pacific Triennial of Contemporary Art, explores nonhuman creatures through re-imagined Philippine myths.
During the exhibition visitors were invited to participate in 'Pillow talk', a series of informal conversations exploring the exhibition’s themes, and featured local and international activists, poets and others invited by Wong. For more information on the conversations for 'Pillow talk' visit www.lasalle.edu.sg/institute-of-contemporary-arts-sg/ and the ICA Singapore Facebook event page.
Wong Binghao is a curator and writer based in Singapore. He graduated in 2015 from University College London with a BA (First Class Honours) in History of Art. Previous curatorial projects are 'WE ARE LOSING INERTIA' (2014) at no.w.here, London, and 'Asymmetric Grief' (2015) at Arcadia_Missa, London.
The Highland Boundary Fault is a geologic fault that separates two different regions: the Highlands from the Midland Valley.
It runs southwest to northeast from Lochranza on Arran, bisecting the Isle of Bute, and crossing the south eastern parts of the Cowal and Rosneath Peninsulas as it goes up the Firth of Clyde.
It comes ashore near Helensburgh then goes through Loch Lomond to Aberfoyle, then Callander, Comrie and Crieff. It then forms the northern boundary of the Vale of Strathmore and reaches the North Sea immediately north of Stonehaven.
Rift valley caused by the San Andreas Fault west of San Mateo, now filled with the Crystal Springs Reservoir. The water is piped in from Yosemite. Coastal fog often piles up behind the hills.