World Triathlon Corporation (WTC), North America Sports and USA Triathlon (USAT) are the subject of a lawsuit that alleges negligence in the death of Barney Rice a triathlete who died after competing in Ironman Florida on 7 November 2006.The case will start to be heard on 6 July 2009. The lawsuit is seeking an unspecified amount of damages greater than US$75,000 (€54,500). It brings four counts of negligence, one each against each of the defendants and “any other entity whose acts or omissions caused or contributed to cause the drowning death of” Rice.The lawsuit claims the triathlon itself was negligent in nine instances:– failing to properly supervise, guard, monitor, or secure the swim area and swimmers, including but not limited to the decedent; – failing to properly organise the swim competition in a reasonably safe manner; – failing to have proper procedures or rules governing response to emergency situations, including drownings; – failing to provide enough supervision at the swim competition event; – allowing Rice to enter the swim without the presence of enough lifeguards or other persons trained in first aid or cardiopulmonary resuscitation for the number of participants in the triathlon; – failing to sufficiently research the oceanic and weather conditions to ensure the conditions were safe for swimmers such as Rice; – failing to properly provide adequate safety equipment, safety floatation equipment and life-saving equipment to aid in rescue efforts; – failing to have a risk management programme in place; and – failing to call off the competition when the conditions were such as to make it safe to continue.Rice, 35, was spotted face down in the water during the second 2.4 mile swim leg of the Ford Ironman Florida 2006 triathlon. “The water was rough and there was a strong current,” Rice’s father, Pete, said at the time. “I don’t know if either element is the cause of what got Barney in trouble.”A rescue team administered CPR at the scene. However, Rice had no pulse and was not breathing when he was taken to the medical tent. Rice was then resuscitated but remained unconscious. He underwent three cranial operations but never regained consciousness. He died on the Tuesday morning. Rice’s autopsy cited that the cause of death was accidental drowning.In a bid to dismiss the case the defendants’ attorney, stated that event organisers cannot be charged with keeping natural bodies of water safe “because a natural body of water contains inherent natural hazards.”The defendants’ attorney also claimed that the plaintiff had not provided “ultimate facts” in order to make a case of causation. He added, “just because a tragic event has occurred does not necessarily mean that some negligent act caused it to occur.”Ironman brand owner World Triathlon Corporation (WTC), became a defendant through its acquisition of Ironman Florida from North America Sports in January 2009.In January, WTC acquired the US races assets of North America Sports, including Ford Ironman Coeur d’Alene, Ford Ironman USA Lake Placid, Ford Ironman Wisconsin, Ford Ironman Florida, Ford Ironman Arizona, Ironman 70.3 California and Ironman 70.3 Florida.The case, when heard in July, will clearly centre on the cause of the tragedy and whether the organisers were negligent through an attributable negligent act.www.ironman.com Related
Related The European Triathlon Union (ETU) hopes that 2014 will be an important year for cross triathlon with the rolling out of the inaugural ETU TNatura Cross Triathlon series. Last year, both ETU and TNatura, collaborated to promote the sport of off-road tri with two races in Orosei, Italy and Lake Titisee, Germany.The long term goal of these races was to put together a dedicated cross triathlon event programme to help develop the sport and create more interest in this format of triathlon.Following the success of both races in 2013, ETU and TNatura will continue their partnership and jointly host the 2014 Cross Triathlon Series.Sandro Salerno, CEO of Island Group, the company behind the brand of TNatura, said “TNatura and ETU are determined to increase the level of Elite and Age Group athletes participating in high level mountain bike and cross triathlon events.“Our attention is focused on the quality of organisation, as well as hosting races in some of the most stunning and aesthetically pleasing environments in Europe. This is to satisfy both the demand of the athlete and the supporting families.“ETU TNatura is a young project but it is already successful. We had a lot of demand to add to the series but we have decided to select four races for 2014 so that we can guarantee good organisation and start in the best way.”The 2014 ETU TNatura Cross Triathlon European Series is as follows:1 June 2014 – Sardinia (Italy) – ETU Cross Triathlon European Championship22 June 2014 – Predni Vyton (Czech Rep)13 July 2014 – Schluchsee (Germany)21 September 2014 – Pokljuka (Slovenia)www.tnaturaevents.cometu.triathlon.org
DTZ announced May 21 it has begun to market West 80, a ±379,635 SF, for-lease, speculative development by Wentworth Property Company (WPC). Located on the southeast corner of 80th Avenue and Buckeye Road in Phoenix, WPC plans to break ground on the industrial distribution center before year-end with delivery in 2016.DTZ Executive Managing Directors Andy Markham, SIOR, and Mike Haenel, Senior Vice President Will Strong and Associate Phil Haenel have the leasing assignment for the West Valley project.“We are seeing steady demand by tenants looking for 70,000 to 150,000 square feet of state-of-the-art, cross-dock distribution facilities,” said Markham. “West 80’s design and flexibility, with the ability to divide the building among several tenants and three potential office locations, shows WPC is clearly ahead of the market in understanding tenant requirements.”Arizona has traditionally seen more mid-sized industrial tenants but there are fewer options for new space in that size range in the West Valley.According to Tim Chester, managing director for WPC, “At West 80 we are planning the next generation spec development with all of the state-of-the-art features that tenants want, including 36’ clear height. West 80 will be the only opportunity in Metropolitan Phoenix for a tenant looking for space in the 70,000-380,000 square foot range to find this clear height.”In addition to the 36-foot clear height, plans for West 80 include cross-dock configuration with 112 dock high doors and four ramps to grade level, 60’ speed bays, column spacing 56’ by 57’6”, T-5 warehouse lighting and the ability for HVAC to suit the tenant. Located on ±23 acres, the property has four points of ingress and egress with security gates, including a light at 79th Avenue and Buckeye Road, concrete truck courts and 211 parking spaces.Chester added, “With over 2 million square feet of industrial space currently under development, WPC has the opportunity to interact with a considerable amount of current clients and potential tenants. With West 80, we are listening to them and developing the next generation of lasting, institutional product in a tightening submarket that is currently under served to meet the tenant demand.”
Operations: Monday, fire crews continued to secure and mop up burnout operations along the eastern edge of the fire, increasing containment from 5% to 18%. This eastern flank continues to hold thanks to the success of burnout operations and handlines connecting to the Aspen Spur Trail. With retardant still on the ground, crews took advantage of a key opportunity to connect handline from Forest Road 102 directly to the fire’s southern edge. With these efforts, firefighters made substantial progress in reducing risk along this critical corridor. Crews utilized an existing shaded fuelbreak completed by the Santa Fe National Forest during a 2019 prescribed burn to complete burnout operations. The Structure Protection Group continues to work with homeowners in Lower Pacheco Canyon and Rio en Medio to set up sprinkler systems, water tanks, and “hose lays” to mitigate risks to these residences. These hose lays consist of joining multiple lengths of hose, connected by pumps and nozzles, to provide an extended water defense around homes and other structures. Community Meeting: The IMT hosted a virtual community meeting yesterday, with over 500 participants viewing the live video. A recording of the meeting is now available at https://facebook.com/santafeNF/. No account is required to view the video. The next virtual community meeting will be held tonight at 6 p.m. on the Santa Fe National Forest’s Facebook page. American Sign Language interpretation and live-captioning services are provided. We will monitor online Facebook questions during the meeting, or you can email us your questions in advance at firstname.lastname@example.org. A recording will be posted immediately following the live meeting. Closures: The Santa Fe National Forest has issued a closure order prohibiting members of the public from entering the restricted area, including all Forest Service lands, roads and trails, within an area that is roughly defined by the Rio Nambe Trail #160 on the north, the Borrego Trail #150 and Forest Road 412 on the east, Forest Road 102 on the south and back up the forest boundary line on the west to meet the Rio Nambe Trail #160. Fire managers are asking the public to exercise caution and avoid all areas that could be impacted by the Medio Fire.Smoke: Updated smoke and air quality information is now available at https://fires.airfire.org/outlooks/SanteFe. The New Mexico Environment Department has issued an Air Quality Alert for Santa Fe, Nambe, Pojoaque, and Tesuque Pueblos and surrounding communities due to the smoke from the Medio Fire, as well as wildfires in neighboring states. Smoke from the Medio Fire is likely to be visible from Santa Fe and surrounding communities as well as along the I-25 and US-285 corridors. Smoke-sensitive individuals and people with respiratory problems or heart disease are encouraged to take precautionary measures. Information on air quality and protecting your health can be found at https://www.env.nm.gov/air-quality/.Inciweb: https://inciweb.nwcg.gov/incident/7031/Santa Fe National Forest: https://www.fs.usda.gov/main/santafe/home Facebook: https://www.facebook.com/santafeNF/New Mexico Fire Information: https://nmfireinfo.com/author/sfnfpao/ Interactive Map: https://nifc.maps.arcgis.com/apps/MapSeries/index.html?appid=4925ec13d6bd41538157172dcb9462ed Medio Fire progression map. Courtesy/ SAIMTMEDIO FIRE Update:The Medio Fire has burned 2,702 acres off the Rio en Medio Trail on the Española Ranger District of the Santa Fe National Forest (SFNF) between the Rio Nambe and the Rio en Medio, approximately 2 miles north of the Village of Rio en Medio, 2 miles east/southeast of Nambe Reservoir and 5 miles north/northwest of the Santa Fe Ski Basin.Successful burnout operations and handline construction Monday has allowed fire managers to increase containment to 18 percent.With support from the National Guard Blackhawk helicopters, the Silver City Hotshots quickly suppressed and contained a small spot fire just outside the northern edge of the fire perimeter.Start Date: Aug. 17, 2020Cause: UnknownAcres: Approximately 2,702 acresLocation: Rio en Medio Trail, Española Ranger District, Santa Fe National ForestFuels: Dry mixed conifer, ponderosa pineContainment: 18%Total personnel: 232
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The aerospace company will market the LM-100J as a commercial multipurpose air freighter for bulk and oversized cargo. It will be able to support multiple missions, ranging from fire fighting and medical evacuation through to VIP transport.”The flight was outstanding and the aircraft’s performance was flawless,” said Wayne Roberts, LM-100J chief test pilot. “After this completely successful first airworthiness flight, this aircraft will join the first LM-100J in conducting the FAA type design update test programme already underway. This will accelerate our progress to deliver this unique aircraft’s capabilities to civilian operators around the world.”The LM-100J is a civilian version of the C-130J Super Hercules and it is an updated version of the L-100 cargo aircraft, which Lockheed Martin produced from 1964-1992. Lockheed Martin officials submitted a Programme Notification Letter to the Federal Aviation Administration (FAA) on January 21, 2014, for a type design update to this aircraft, a civil-certified variant of the C-130J Super Hercules to be marketed as the LM-100J.HLPFI readers will recall that the first LM-100J commercial freighter aircraft completed its maiden flight in May, as we reported here. www.lockheedmartin.com
A barrister accused of ‘breathtaking arrogance’ has had a contempt finding against him set aside, but been referred to the bar’s regulator.The Court of Appeal said Ian West (pictured) from Middlesbrough’s Fountain Chambers showed ‘wilful and deliberate disobedience’ in failing to return to court, as ordered, and demanding an apology from the judge.But it allowed West’s appeal against the finding of His Honour Judge Kelson at Durham Crown Court that West had been in contempt of court for ‘want of procedural regularity’.Kelson had not adhered to the procedural requirements for a contempt hearing that the court said ‘demanded strict observance’, according to the Court of Appeal, led by Sir Brian Leveson.Leveson said the ruling should not be seen as an endorsement of the appellant’s behaviour. On the contrary, he said: ‘Mr West’s conduct constituted wilful and deliberate disobedience of an order of the court as an act of defiance, which is serious misconduct of a type that is wholly inimical to the proper discharge of his professional duties and, furthermore, in total disregard of his duty to the court.’Referring West to the Bar Standards Board, Leveson said: ‘He has shown breathtaking arrogance and his total demand that the judge apologise to him was more than merely impertinent.’Leveson said the approach of the judge had been ‘entirely in keeping’ with the need for efficiency.‘On the other hand, the conduct of Mr West, if it was to become the norm, will cause our present system to collapse for want of sufficient funding with the risk of causing enormous damage and replacement by a process that imperils many of the hard-gained improvements designed with the interest of justice in mind.’West had been representing a defendant in a preliminary hearing at Durham Crown Court in April.A ‘heated exchange’ between His Honour Judge Kelson and West followed Kelson’s request for counsel to return to court in the afternoon after taking further instructions from his client.Hearing the contempt case, Kelson said West’s behaviour was ‘far over-stepping the mark in courageously representing’ the defendant. West’s ‘deeply unpleasant style of advocacy’ was ‘highly impertinent and somewhat confrontational, if not pugnacious’, Kelson said. He continued: ‘Case management was deliberately thwarted by Mr West and the dignity and authority of the court were undermined by his conscious and deliberate act of defiance in failing to attend court in the afternoon.’At the original hearing, West said his client had ‘made it clear his intention was to plead not guilty’ so a further conference was not necessary.West told the judge: ‘Whether I attend any hearing in the case is a matter for my professional judgment in consultation with my solicitor.’ He did not return to court in the afternoon, as he had been ordered.For West, Bryan Cox QC, acting pro bono, told the Court of Appeal the appellant believed the judge was making a ‘coded assertion’ as to the merits of the case and that he was being asked to return to court as a ‘punitive measure only’ as the prosecutor was not required to attend.The Court of Appeal rejected West’s complaint that Kelson had refused to recuse himself from the contempt hearing and his submission that Kelson did not have the jurisdiction to order him to return to court.Commenting on the Court of Appeal decision, West said: ‘Whilst I am obviously pleased that my appeal has been allowed and the finding that I am in contempt of court has been quashed, I am disappointed that the court saw fit to criticise my professional conduct.‘The active, some might say enthusiastic, case management of criminal cases by judges causes difficult problems for defence advocates seeking to balance their duty to their clients with their duty to the court. I will continue to try to achieve that balance.’
TOOL: Rototilt has launched a 5 000 kg capacity grapple designed for heavier tasks such as working with rails and sleepers.‘With the demand we’ve seen for a more powerful grapple module optimised for railway work, it feels good to be able to present the new grapple to our customers’, said Product Manager Sven-Roger Ekström at the launch in September. ‘The railway grapple is designed to be light and strong, and angled at 40° for maximum efficiency.’Optimised for use with Rototilt’s other tools, it is also detachable with quick coupler docking for flexibility when users are undertaking multiple tasks requiring different tools.
With a look at some of the top stories making the news today, April 10 across your Caribbean-American community in South Florida.Coming up in the newscast, Florida COVID-19 cases surpass 16,000, Miami-dade public schools distribute half a million meals, and Jamaica considering reopening borders to diaspora members.Now for the news in the detailAs of April 9, more than 300 people have died from COVID-19 in Florida has the number of cases now surpasses 16,000. According to the latest data, Florida now has almost 16,500 confirmed coronavirus cases including more than 350 deaths. Miami-Dade continues to lead the number of confirmed cases within the state, with almost 6,000 cases, about 35 percent of the state’s total. Broward County was next with approximately 2,500 followed by Palm Beach with over 1,200 cases. As the numbers increase, more testing sites are being opened in South Florida. This week a new drive-thru test site was opened at Central Broward Regional Park in Lauderhill.In the meantime, three cities in South Florida: Miami Beach, Sunrise and Miramar have issued emergency orders requiring all persons to wear face coverings in public. The orders, which both went into effect this week, state that face masks, homemade masks, scarfs, bandanas, handkerchiefs or other similar cloth covering can be used. The orders also apply to drivers, employees and customers of grocery stores, pharmacies, restaurants and hardware stores. Additionally, Miramar’s order states that coverings should not be worn by children under two years old or by people who have breathing problems.Meanwhile, Miami-Dade County Public Schools has distributed more than half a million grab-and-go meals to families and students in need since the closure of schools in March. Public School employees have been catering to those less fortunate in the county, passing out meals at 50 select school sites. Through the Meals-on-the-Go program, thousands of hot meals have also been delivered to homes in many fragile communities.In Caribbean News, as the number of COVID-19 cases in Jamaica rise pass 60, the Jamaican government announced that it is considering protocol which will allow re-entry of those abroad. Prime Minister Andrew Holness said he has heard the many pleas of the diaspora and Jamaican nationals in the United States and may allow for some residents to come home soon. He has advised, however, that the country is not at a point where wide-scale re-entry can be allowed.For more information on these and other stories, visit CNWNETWORK.com. Remember to pick up this week’s copy of our Caribbean National Weekly at your nearest Caribbean – American outlet.You’ve been watching CNW90