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Home / / Text Gal Free From Crash Suit October 3, 2012 (AmericanInjuryNews.com - Press Release)

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09/29/2012 // New York, NY, USA // New York Injury Accident Lawyer // Jonathan C. Reiter // (press release)

The law in New York State regarding cell phone use was changed on July 12, 2011. This law, which became effective on November 1, 2011, extended the prohibition against drivers using cell phones while driving, to include a prohibition against reading, writing, playing a game or sending a text message while driving. See Vehicle and Traffic Law section 1225-d. The use of a hands free cell phone for telephone calls is permitted by this law. Drivers are exempt from the provisions of this section if the call or text is made regarding an emergency situation to an emergency response operator, a hospital, a physicians? office, a health clinic, an ambulance company or corps, a fire department, a fire district, a fire company or a police department. All police, fire and emergency services personnel are exempt from the prohibitions of this law.

The law in New York states that there is a rebuttable presumption that a driver who is holding a cell phone in a conspicuous manner is using it in violation of the law. This presumption, while rebuttable, makes it very difficult for a driver to defend an allegation of violation of VTL section 1225-d. The fine for a violation of this law is $150.00, reports Mr. Reiter a New York City pedestrian accident lawyer.

The New York VTL, like other laws around the country, arose, in recognition of the risks of accidents from distracted driving caused by cell phone use. It has been estimated, by many studies nation-wide, that the risk of accident due to the level of distraction caused by texting is the same or greater than the risk associated with drunk driving, constituting a major public health danger. An article published by the Suffolk University Law Review (2005), Vol. 39, p. 233, and cited by the Court in The People of the State of New York v. Campanaro, 19 Misc.3d 1116(a), concluded that the ?rise in cellular phone use by drivers has caused a swell in accidents because? the risk of accident [is] four times greater when [a] driver [is] using a cell phone? (id. p. 238).

A recent case in New Jersey has addressed a slight twist to the issue of texting while operating a motor vehicle. This case involved a New Jersey college student who was exchanging text messages with her boyfriend while he was operating a motor vehicle seconds before he crashed into a motorcycle, causing grave injuries, including leg amputations of both driver and passenger of the motorcycle. The plaintiff sued the operator of the motor vehicle, and his girlfriend who sent the text messages. While this case has brought much needed public attention to the dangers of texting while driving, the Judge dismissed the claim against the girlfriend, stating that it would be unfair to place the blame for causing the crash on her.

Jonathan C. Reiter, a New York City injury lawyer, who has handled many motor vehicle, motorcycle and pedestrian accidents, states the following: ?Distracted driving, from cell phone use, and in particular, texting while driving, is highly dangerous and has been banned by the State of New York. Drivers who violate this provision in New York, face stiff penalties and fines, and multiple violations may lead to license suspensions. Should a driver who is distracted through texting, cause an accident, one can rest assured that they will be held liable for their negligence in causing those injuries.?

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Source: http://www.americaninjurynews.com/2012/10/03/Text-Gal-Free-From-Crash-Suit_201210037252.html

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New Communications Assistant Joins GLSEN to 'Make a Better ...

October 3, 2012

Hey everyone!

I?m Matthew McGibney, and I?m super excited to join GLSEN as the new communications assistant! I?ll be pitching in with the blog, so I thought I?d take a second to introduce myself.

I graduated from the University of North Carolina at Chapel Hill this past May, where I studied public relations in the School of Journalism and Mass Communication. Attending UNC was an incredible experience, and I feel so fortunate to have been able to interact with some of the future leaders of the LGBT rights movement. GLBTSA, the university?s LGBT student organization, has a big presence on campus, and I?m proud to have sat on its board for a semester.

Last year I co-chaired the ninth annual Southeast Regional Unity Conference, which brings together LGBT students and allies from across the south. The conference was primarily aimed toward college students, but the high school students in attendance brought a completely fresh perspective. It can be easy to forget how tough it is to be a high school student trying to establish a GSA or participate in Day of Silence after you?ve graduated, but the students truly reminded me that those challenges are a real struggle every day. At the same time, seeing 400 LGBT college students living open lives made just as much of an impact on the high school students, many of whom came from places that were not as LGBT-friendly as Chapel Hill.

I hope those students realized that it does get better, but that there?s no reason you can?t change your world today. I?m excited to have joined GLSEN, and I hope I can do my part to make a better world a reality.

Best,

Matthew

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About mmcgibney

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Matt is the Communications Assistant for GLSEN, a recent graduate of UNC-Chapel Hill, and a lover of .GIFs.

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Source: http://blog.glsen.org/new-communications-assistant-reminds-us-theres-no-reason-you-cant-change-your-world-today/

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George Clooney and Stacy Keibler: Nearly Over?

Source: http://www.thehollywoodgossip.com/2012/10/george-clooney-and-stacy-keibler-nearly-over/

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Will the Shake Weight Work? A One Month Test | Greatist

It?s a flab-busting breakthrough! It?s got the power of 240 muscle contractions per minute! It?s sexually suggestive! And for just $19.95 it promises ?firm, fabulous arms and shoulders in just six minutes a day!? The Shake Weight is no stranger to chuckles, but does the product that?s seen over $40 million in sales really work?

Photo: ShakeWeight.com

A few weeks back, The Greatist Team had a conversation about putting potentially nutty, ?As-Seen-On TV? fitness tools to the test. The Shake Weight came up, and I let everyone know how one of my old roommates swore by the muscle-toning tool. He loved it so much he even toted it halfway across the world for a five-month study abroad in Australia.

The Shake Weight has been the butt of some obvious jokes involving the back and forth? um??action? needed to manipulate the tool. There are videos of people using the Shake Weight to pull public pranks, and Saturday Night Live even weighed in with a Kristen Wiig parody. Sure it?s all laughs, but does the Shake Weight actually deliver results? Three weeks ago, I agreed to test the Shake Weight Pro for myself, following the recommended routine as diligently as I would any other workout regime. I was committed to learning if, jokes aside, the Shake Weight was everything my roommate made it out to be. With the help of the Greatist editing team, I formulated parameters for what we dubbed the ?#shakesperiment.? I would be limited to six minutes a day of upper body exercise ? no free weights, no push-ups, no resistance bands, and no arm bars on the elliptical.

It was a little freaky. Would gyrating a 2.5-pound weight maintain the strong arms and chest I?ve spent a solid amount of time to attain? Either way, I figured four weeks couldn?t be too much of a set back.

Measuring Results

Photo by Jordan Shakeshaft

Before I got to shaking, I picked a few ways to gauge the Shake Weight?s effectiveness ? a push up test, a few measurements, and an (awkward) photo shoot. I hopped on the scale with Greatist expert Dan Trink, who used skin calipers to measure body fat in four spots ? biceps, triceps, suprailliac (lovehandles), and umbilical (you guessed it! Near the bellybutton). Then he measured the diameter of my biceps (guns if you will) both flexed and relaxed.

Trink was already a little skeptical. He said the reason it feels like the Shake Weight is working is because of ?localized fatigue.? Basically, doing a bajillion reps of a small movement makes us tired and sore but doesn?t really make us stronger in the long run. The Shake Weight peeps refer to the movement as dynamic inertia, which they say can increase muscle activity nearly 300 percent compared to a standard dumbbell. Trink said the daily exercise might help if I wanted a career in jackhammering, but not much else. I think he was joking.

The #Shakesperiment Begins

I shoved the weight in my bag and hopped the subway to legitimize (or not) ?The revolutionary way to shape and tone your arms, shoulders, and chest.?

Once home, I popped in the included DVD. Determined to take the challenge seriously, I watched the video through once before I tried it out. By the end, I was drenched in sweat. I felt like I was slapped in the face by the Shake Weight Gods for making fun of it. [Disclaimer: I sweat from just thinking too hard, so that wasn?t much of a surprise.] However, it was a pretty tough few minutes, and I actually had to take a few breaks.

Three weeks in, I?ve been a Shake Weight-ing machine. It?s definitely become a sinch to finish the video, and I don?t have to slink into a side room. Now I shamelessly shake in the living room next to my roommates. The Shake Weight has traveled with me by subway, train, and car (and even to a bar once). Just one week remains in my life-altering journey.

And the Verdict?

Next week, we?ll have all the stats and measurements to determine if the Shake Weight was a flop or if I?ve become a SW convert. Stay tuned for the weigh-in ? and keep shaking.

Can the Shake Weight actually produce results? Have you tried the Shake Weight? Let us know in the comment section below or tweet Nicole @nicmcdermott.?

Source: http://greatist.com/fitness/shake-weight-challenge/

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Source: http://www.msnbc.msn.com/id/3036697/vp/49265601#49265601

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Oracle's Ellison focused on Cloud computing, not acquisitions ...

Boston/San Fransisco: Oracle Corp CEO Larry Ellison said he intends to drive growth at the world?s No 3 software maker by promoting its current suite of cloud computing products and not through an acquisition.

The billionaire, who boosted Oracle revenue dramatically over the past decade through a series of purchases, said, however, he would not rule out a big deal ?down the road?.

?We?re not focused on any large acquisitions. We think the organic growth opportunity is in the cloud,? he said in an interview on CNBC prior to making a keynote speech at his company?s annual users conference in San Francisco.

Oracle was slow to embrace cloud computing, which is a broad term referring to the delivery of computer services via the Internet from remote data centers. Corporate technology buyers like the approach because it is faster to implement and has lower upfront costs than traditional software, which businesses need to install on their own computer systems.

Ellison famously mocked cloud computing as ?complete gibberish? in a 2008 tirade after a Wall Street analyst asked him to comment on the trend. He described it as a fad, comparing the computer industry to the fashion world.

Oracle Corp CEO Larry Ellison at the keynote address.?AP

But Oracle subsequently introduced its own offerings in the rapidly growing area and also acquired several firms selling Internet-based software as its corporate customers embraced younger cloud rivals including Salesforce.com Inc , Amazon.com Inc and Google Inc .

Oracle unveiled new cloud products at this week?s users conference including an updated version of its top-selling corporate database along with high-end computers designed for the cloud. Oracle estimates some 50,000 corporate executives and technology workers are attending the conference.

Public Cloud

Ellison said he expects thousands of customers to be using Oracle?s recently launched, cloud-oriented Fusion business software suite next year, up from around 400 now.

Customers can use Oracle?s software on Oracle?s public cloud service, or on their own internal networks, Ellison emphasized, taking a jab at one of his company?s rivals.

?Salesforce.com, it runs in one place on the planet earth, on the Salesforce public cloud. That?s it. You can?t move that in-house, you can?t move that into a private cloud behind your firewall,? Ellison said. ?We think it?s very important to give customers choice.?

Keen to capitalize on the success of Facebook and Twitter, Ellison also demonstrated new tools to analyze activity on social networks. Salesforce.com has also launched products to take advantage of social networks.

To deliver faster performance, Oracle is increasing its focus on solid-state storage, Ellison said.

Solid-state memory relies on NAND microchips and is more reliable, but more expensive, than traditional hard disk drives made by Seagate and Western Digital .

Ellison opened the conference on Sunday night conference with a preview of a hardware system dubbed Exadata X3. He also showed off a cloud-friendly version of the Oracle database, which is used by virtually all of the world?s biggest corporations.

Oracle, which has nearly 120,000 employees, intends to market the new cloud products to existing customers, many of whom use web-based offerings from rivals such as Salesforce and Amazon.

?It took Oracle some time to embrace the cloud,? said FBR Capital Markets analyst Daniel Ives. ?The stage is now set for them to really head down the Cloud path and be successful in that endeavor.?

Oracle?s strategy is to become a one-stop shop for cloud-computing products, offering operating systems, databases, computer programs as well as computing infrastructure over the web, said Rebecca Wettemann, an analyst with Nucleus Research.

?They are saying ?Amazon will give you part of it. Salesforce will give you part of it, but we are the ones who will give you the whole thing,?? Wettemann said.

In a rare, wide-ranging interview, the founder of Oracle who has led the company for over three decades, declined to say whether the board has chosen his successor.

Investors widely expect the 68-year-old Ellison to hand the company over to one of two corporate presidents: Safra Catz, a former investment banker who serves as chief financial officer, or Mark Hurd, the former CEO of Hewlett-Packard Co .

He told CNBC that there were ?a lot of people? who could take his place at Oracle.

Reuters

Source: http://www.firstpost.com/tech/oracles-ellison-focused-on-cloud-computing-not-acquisitions-477671.html

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Holiday sales seen rising 4.1 percent in 2012

NEW YORK (AP) ? Americans are expected to spend more during what's traditionally the busiest shopping season of the year, but they're not exactly ready to shop 'til they drop like they have been in the past two years.

The National Retail Federation, the nation's largest retail trade group, said Tuesday that it expects sales during the winter holiday shopping period in November and December to rise 4.1 percent this year. That's more than a percentage point lower than the growth in each of the past two years, and the smallest increase since 2009 when sales were up just 0.3 percent.

The projections are an important indicator for retailers that depend on the last two months of the year for up to 40 percent of their annual sales. But the estimates also offer valuable insight for economists who closely watch consumer spending, which accounts for up to 70 percent of economic activity.

The holiday shopping season is one gauge of not only the shopping habits, but also the mindset of the average American during what has turned out to be a slow and uneven economic recovery. Right now, people are feeling better about rising home prices and a rebounding stock market, but job growth is still weak and prices for everything from food to gas are higher. At the same time, there's uncertainty about who the next president will be and some Americans worry that the U.S. debt crisis could lead to another recession.

"In all the years, this is the most challenging year doing a forecast," said Matthew Shay, president and CEO of the National Retail Federation, based in Washington, D.C. "There are so many uncertainties."

No one's feeling those uncertainties more than U.S. shoppers. Darlene Johnson of Silver Spring, Md., says her outlook has improved in the last few months. The value of her 401(k) retirement plan has risen. Home sales where she lives are up again, and her neighbors are getting higher prices for their houses.

Still, Johnson, who's been grappling with higher food and gas prices, says the economy is still not stable enough for her to splurge during this holiday shopping season. And she's worried about how the debt crisis could affect her.

Johnson says last year, she overindulged and spent about $5,000. It took until this past May to pay down her credit card debt. As a result, this year, she plans to cut her holiday spending to $1,500.

"I felt too much pressure financially," said Johnson, who works for the National Institutes of Health, a government agency that's a conglomerate of research centers. "I am not going to do it to myself again."

It's Americans' worries about the economic uncertainty that led the National Retail Federation to predict slower growth during the winter holiday shopping season than the increase of 5.6 percent and 5.5 percent in 2010 and 2011, respectively.

Still, the forecast is higher than the average growth of 3.5 percent for November and December over the past 10 years. And it continues a growth trend that began after holiday sales fell 4.4 percent in 2008 during the middle of the recession. (The federation for the first time is counting online sales and sales from the auto parts and accessories business. It has revised every year's forecast from 2000 to reflect the change.)

The federation's forecast also is still more optimistic than the International Council of Shopping Centers, a mall trade group that last week said it predicts a 2.9 percent increase. It's also higher than the 3.3 percent growth estimated by ShopperTrak, a Chicago-based analyzer of retail foot traffic, last month.

The forecasts come as retailers wrap up what's expected to be a strong back-to-school shopping season. There have been no official numbers out on sales for that shopping period, which is typically the second biggest shopping season of the year and a barometer for what people are willing to spend during the winter holidays. But Ken Perkins, president of RetailMetrics LLC, said he expects revenue at stores opened at least a year to be up 5 percent for the combined August and September months.

But predicting holiday spending is never easy. Take last year's holiday period. Overall sales were strong, but sales don't tell the whole story: Retailers' profits were eroded because they had to do a lot of discounting to get shoppers to spend, particularly during the final weeks before Christmas.

And all the economic variables that will likely have an impact on this year's shopping season make predicting sales that much more difficult. Among them, the worry that the U.S. economy will fall off into another recession next year. That's when tax increases and deep spending cuts will take effect unless Congress reaches a budget deal.

Retailers and economists are hoping history doesn't repeat itself. The last time there was such a budget battle, in August 2011, it ended with the country losing its top credit rating, nervous investors fleeing the stock market, and shoppers taking a break from buying.

Still, Americans are more optimistic than they have been in a long time. Consumers' confidence rose to a seven-month high in September even as the unemployment rate has been stuck at around 8 percent, according to the Conference Board. Gallup Poll, which tracks consumer confidence daily, also registered a pickup in confidence last month to the highest level since May. The upcoming presidential election seems to be having an impact on how shoppers' view the economy, economists say.

Adding to that, Americans have seen their stock portfolios grow as The Standard & Poor's 500 stock index has surged more than 15 percent this year. And national home prices were up in July 1.2 percent compared to the same month last year, according to the Standard & Poor's/Case Shiller index released last week. That's the second straight year-over-year gain after two years without one.

Still, some economists question whether the higher level of confidence among Americans is sustainable. Confidence has been bouncing around since the recession and the current level is still well below what's considered healthy. Moreover, the spike in confidence has yet to translate into a surge in spending.

"You have to be confident to spend, but because you're confident doesn't necessarily mean you'll spend," said Dennis Jacobe, chief economist at Gallup Poll.

For their part, retailers already are being cautious. John Challenger, CEO of Challenger, Gray & Christmas, says retailers are expected to increase holiday hiring by 6 percent to about 700,000 for the October through December period compared with a year ago, when that figure was 660,200. That's well above the 324,900 hired during the financial meltdown in 2008, but still below the 746,800 level in pre-recession 2006, and well under the nearly 850,000 seasonal workers hired during the height of the dot.com boom in 1999. NRF predicts merchants will hire between 585,000 and 625,000 seasonal workers for the holidays. That's in line with last year's 607,000, according to the trade group's measure.

And they're already starting to offer enticements to lure holiday shoppers. Kmart, a division of Sears Holdings Corp., Toys R Us and Wal-Mart Stores Inc. have announced last month they're either lowering or waiving the upfront services fees for their interest-free pay-over-time program. All three said the moves were in response to complaints from shoppers.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2012-10-02-Retail-Holiday%20Forecast/id-7973262186c4465cbd366fef9289bfa7

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