The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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S&P 500 index closes at a five-year high









NEW YORK — Standard & Poor's 500 closed at its highest in five years Friday after a report showed that hiring held up in December, giving stocks an early lift.

The S&P 500 finished up 7.10 points at 1,466.47, its highest close since December 2007.

The index began its descent from a record close of 1,565.15 in October 2007, as the early signs of the financial crisis began to emerge. The index bottomed out in March 2009 at 676.53 before staging a recovery that has seen it more than double in value and move to within 99 points of its all-time peak.

The Dow Jones industrial average finished 43.85 points higher at 13,435.21. It gained 3.8% for the week, its biggest weekly advance since June. The Nasdaq closed up 1.09 point at 3,101.66.

Stocks have surged this week after lawmakers passed a bill to avoid a combination of government spending cuts and tax increases that have come to be known as the "fiscal cliff." The law passed late Tuesday night averted that outcome, which could have pushed the economy back into recession.

The Labor Department said U.S. employers added 155,000 jobs in December, showing that hiring held up during the tense fiscal negotiations in Washington. It also said hiring was stronger in November than first thought. The unemployment rate held steady at 7.8%.

The jobs report failed to give stocks more of a boost because the number of jobs was exactly in line with analysts' forecasts, said JJ Kinahan, chief derivatives trader for TD Ameritrade.

"The jobs report couldn't have been more in line," Kinahan said. "The market had more to lose than to gain from it."

Among stocks making big moves, Eli Lilly and Co. jumped $1.84, or 3.7%, to $51.56 after saying that its earnings will grow more than Wall Street expects, even though the drugmaker will lose U.S. patent protection for two more product types this year.

Walgreen Co., the nation's largest drugstore chain, fell 61 cents, or 1.6 percent, to $37.18 after the company said that a measure of revenue fell more than analysts had expected in December, even as prescription counts continued to recover.

Stocks may also be benefiting as investors adjust their portfolios to favor stocks over bonds, said TD Ameritrade's Kinahan. A multi-year rally in bonds has pushed up prices for the securities and reduced the yield that they offer, in many cases to levels below company dividends.

Goldman Sachs reaffirmed its view that stocks "can be an attractive source of income," and warned that there is a risk that bonds may fall. In a note to clients, the investment bank said that an index of AAA rated corporate bonds offers a yield of just 1.6 percent, less than the S&P 500's dividend yield of 2.2%.

The 10-year Treasury note fell, pushing its yield higher. The yield on the 10-year note fell 2 basis points to 1.91%. The note's yield has now climbed 52 basis points since falling to its lowest in at least 20 years in July.

Other notable stock moves;

-- Accuray Inc. plunged $1.37, or 20%, to $5.41 after the radiation oncology equipment company reported weak sales and said it would cut 13% of its staff.

-- Lululemon, a yoga apparel maker, dropped $3.14, or 4.2 percent, to $71.95 after Credit Suisse predicted slowing momentum and downgraded its stock.

-- Finish Line Inc., an athletic footwear and clothing company, fell $1.58, or 8.3%, to $17.18 after it reported a small loss after sneaker trends changed and customers didn't take to its new web site launched in November. Analysts had forecast a profit.



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Samsung and Apple are still the only winners in the mobile market






The duopoly of the U.S. mobile market intensified dramatically in 2012. Despite increased efforts from Motorola, LG (066570), HTC (2498), Nokia (NOK) and Microsoft (MSFT) to gain market share, Samsung (005930) and Apple (AAPL) continue to steal customers away from every other company. During a three-month period ending in November, comScore found that Samsung’s lead in the U.S. smartphone market increased 1.2 percentage points for a controlling 26.9% share. Apple’s smartphone market share grew from 17.1% to 18.5%, gaining 1.4 points following the launch of the iPhone 5. Rounding out the top-five were LG, Motorola and HTC, all of which saw their market shares decrease from August. LG fell 0.7 points to 17.5%, Motorola dropped 0.8 points to 10.4% and HTC’s market share decreased from 6.3% to 5.9%.


[More from BGR: Samsung confirms plan to begin inching away from Android]






[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]


The research firm found that 123.3 million people in the U.S. owned smartphones during the period, an increase of 6% since August. A majority of devices, 53.7%, were powered by Google’s (GOOG) Android operating system, which saw growth of 1.1 percentage points. Apple’s iOS market share increased 0.7 percentage points to 35%.


2012 was a transitional year for Research in Motion (RIMM) and Microsoft. Both companies spent most of the year preparing new operating systems. RIM will unveil its BlackBerry 10 operating system later this month and devices powered by Windows Phone 8 launched this past November. As a result, both companies saw lost share toward the end of 2012; RIM’s BlackBerry platform ranked third with a 7.3% share, down from 8.3% in August, and Microsoft’s operating system dropped 0.6 percentage points to a 3% share of the market.


This article was originally published by BGR


Wireless News Headlines – Yahoo! News





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Plot spoilers pose 'Downton Abbey' challenge


LOS ANGELES (AP) — There are many delicious reasons to watch the returning "Downton Abbey" and an exasperating one to skip it: The cover's been blown on major plot twists.


In what may be outsized revenge for the American Revolution — or payback for years of exporting lousy U.S. TV and fast food — the Brits are sharing "Downton Abbey" with us, but only after first airing each season.


That wouldn't matter much in the drama's early 20th-century setting but we're not there, are we, PBS and U.K. network ITV? A little gimmick called the Internet makes it impossible to keep story developments from spreading like germ warfare.


As with sports fans who must avoid all media and big-mouthed friends to keep game scores a surprise, "Downton Abbey" addicts are forced to shun rude news reports and blogs about what happens to character A, B or C (no spoilers here, promise).


Heedlessly type in "Downton Abbey season three" online and you risk stumbling into the startling truth that ... well, never mind. If you know, you have our sympathy. If you don't, live in blessed ignorance and careful isolation from Sunday's debut until the Feb. 17 season finale.


"It is unfair that England gets to see 'Downton Abbey' before us because we beat them in a war" was the saucy comment posted on Twitter by producer Damon Lindelof of "Lost" fame.


It's certainly a development galling enough to draw insults. But as Downton's courtly master, Lord Grantham (Hugh Bonneville), once rebuked a blunt-spoken visitor: Steady on, sir, the ladies have suffered quite enough of a shock!


Rebecca Eaton, executive producer of PBS' "Masterpiece" showcase that's home to "Downton," contends it's premature to assess the impact here of the U.K. airing that wrapped Christmas Day. Will ratings be dented by dampened enthusiasm or piracy?


"It will be difficult to say until it airs in this country," Eaton said, with the size of the audience providing a key measurement.


The bar is high compared with last year, when "Downton Abbey" became the most-watched series ever for "Masterpiece" with more than 17 million viewers across seven episodes. With its swooning, buzz-worthy romances, the drama also fed social media and gave PBS a new veneer of cool.


But what's to be done if the season endgame is stuck in your brain? As a famous Brit said in more dire circumstances, never surrender! Go along for the ride that the beautifully produced soap opera-cum-fairy tale offers, admiring how the devilishly clever Julian Fellowes, its creator and writer, foreshadows the events to come.


As Downton's residents adjust to post-War War I England, "there are chills and spills involved in that for all the characters, some laughs and some tears," as Fellowes neatly summed it up.


Knowing the destination doesn't mean you can't appreciate the scenery, including these highlights:


— Newcomer Shirley MacLaine as an American visitor, talking smack with British in-law Violet (Maggie Smith), each wittily knocking the other's nation and values. MacLaine wears pasty, kabuki-like makeup as armor; Smith meets insults with world-weary eyes.


— Michelle Dockery keeping it real as Lady Mary, who's surrendered to love with Matthew (Dan Stevens) while barely softening her sharp edges and steely devotion to family tradition. Bonus: The willowy actress was born to wear sleek 1920s dresses.


— Fashion and its evolution, as Downton's upstairs ladies move from lovely but fussy wardrobes to sassier, clean-lined garb and (except for steadfast Mary) shorter hair, reflections of liberating changes that include the promise of universal suffrage for all British women.


— Stevens as golden-boy Matthew, emerging intact from World War I and still conflicted about his future role as lord of the manor. A side game: See if Stevens, smart as he is, looks distracted by the novels he read on the set as a judge for Britain's Man Booker Prize.


— Cultural, medical and other period tidbits, which are fascinating and a reminder that wise historians never would choose to live in a time before their own. In one instance, a character who may have cancer is told that test results will take up to two nerve-shattering months.


— Fellows' charming faith in the tender side of revolutionaries, at least ones that mate with landed gentry. Irish chauffeur-turned-activist Tom Branson (Allen Leech), who previously turned moist-eyed over the murder of the Russian royal family, loses it again in season three over fiery political warfare.


— A stately house, but fast-paced action. Fellowes said he took a cue from the American mash-up approach to storytelling perfected in shows like "ER" and "The West Wing," with stories big and small, sad and funny and "all sort of plotted up together." The look is period but the energy is "much more modern," as Fellowes put it.


But modernity can be troublesome, proof being the Internet imperiling the drama's surprises for U.S. viewers. Whatever the outcome, Eaton said "Masterpiece" will tread carefully in making changes.


ITV is the primary funder of "Downton Abbey" and has international premiere rights. While a September debut fits the U.K. TV marketplace, it would mean stiffer competition for "Downton" as U.S. networks launch their fall slates, Eaton said.


"We want to make sure we don't do something with 'Downton' that will hurt it in the long run," she said — which, for now, extends to the drama's fourth season set to air on "Masterpiece," its co-producer with Carnival Films.


As for the current run, Eaton, who's no spoilsport, had only this to say: "I think it's the best season yet."


___


Online:


http://www.pbs.org


___


EDITOR'S NOTE — Lynn Elber is a national television columnist for The Associated Press. She can be reached at lelber(at)ap.org.


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Enraged Chris Christie attacks Boehner, House GOP over Sandy aid

New Jersey Gov. Chris Christie delivered a spirited condemnation of Republican House leadership for its reluctance to vote on a relief bill for Hurricane Sandy.









WASHINGTON – Enraged over Congress' failure to approve disaster relief for victims of Superstorm Sandy, Gov. Chris Christie of New Jersey unloaded Wednesday on House Speaker John A. Boehner and Republican lawmakers in Washington for putting "palace intrigue" ahead of their official responsibilities.


Washington politicians "will say whatever they have to say to get through the day," Christie said, adding that, as a governor, he had "actual responsibilities" -- "unlike people in Congress."


Christie, a potential 2016 GOP presidential contender, reserved his most blistering words for the Republican House speaker.  He described Boehner, variously, as selfish, duplicitous and gutless for reversing course at the last minute on Tuesday night and refusing to allow a vote on a $60-billion aid package before the current Congress adjourned.








PHOTOS: Scenes from the fiscal cliff


Christie said that as a result of "the speaker’s irresponsible action," there will be further delay in federal disaster aid to New Jersey, New York, Connecticut and other areas hit by the October storm. He pointed out that it had been 66 days since the storm hit and that areas struck by other hurricanes in recent years had received relief packages in far less time. 


However, as outrage continued to pour in from elected officials in the affected area, Boehner agreed to hold a vote Friday to direct needed resources to the National Flood Insurance Program. And on Jan. 15, the first full legislative day of the 113th Congress, the House will consider the remaining supplemental request for the victims of Hurricane Sandy.


But that came after Christie dished out his cold outrage on members of his own party. 


"Shame on you. Shame on Congress," Christie said at a news conference in Trenton, the state capital. "It's absolutely disgraceful, and I have to tell you, this used to be something that was not political. Disaster relief was something you didn't play games with." But "in this current atmosphere, [it's] a potential piece of bait for the political game.  It is why the American people hate Congress."


At another point, he said of Republicans in Congress: "We've got people down there who use the citizens of this country like pawns on a chessboard."


PHOTOS: 2016 presidential possibilities


"My party was responsible for this," Christie said, charging "one set of Republicans was trying to prove something to another set," and that Boehner was trying to "prove something. I hope he accomplished it."


Christie, whose disaster-relief-themed efforts to reach across partisan lines to President Obama in the days leading up to the election angered many Republicans, said he did not think that was a factor in Boehner's decision. 


But the governor, who delivered the keynote address at last summer's Republican National Convention and has helped raise money in recent years for fellow members of the party, did not rule out retaliating against his enemies in Washington.


"We'll see. Primaries are an ugly thing," he said.


[For the Record, 1:46 p.m. PST  Jan. 2: This post has been updated to include the House's new plan to vote on Sandy aid.]


Follow Politics Now on Twitter and Facebook


paul.west@latimes.com


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'Tennessee Waltz' singer Patti Page dies at 85


NASHVILLE, Tenn. (AP) — Unforgettable songs like "Tennessee Waltz" and "(How Much Is That) Doggie in the Window" made Patti Page the best-selling female singer of the 1950s and a star who would spend much of the rest of her life traveling the world.


When unspecified health problems finally stopped her decades of touring, though, Page wrote a sad-but-resolute letter to her fans late last year about the change.


"Although I feel I still have the voice God gave me, physical impairments are preventing me from using that voice as I had for so many years," Page wrote. "It is only He who knows what the future holds."


Page died on New Year's Day in Encinitas, Calif., according to publicist Schatzi Hageman, ending one of pop music's most diverse careers. She was 85 and just five weeks away from being honored at the Grammy Awards with a Lifetime Achievement Award from The Recording Academy.


Page achieved several career milestones in American pop culture, but she'll be remembered for indelible hits that crossed the artificial categorizations of music and remained atop the charts for months to reach a truly national audience.


"Tennessee Waltz" scored the rare achievement of reaching No. 1 on the pop, country and R&B charts simultaneously and was officially adopted as one of two official songs by the state of Tennessee. Its reach was so powerful, six other artists reached the charts the following year with covers.


Two other hits, "I Went To Your Wedding" and "Doggie in the Window," which had a second life for decades as a children's song, each spent more than two months at No. 1. Other hits included "Mockin' Bird Hill," ''Hush, Hush, Sweet Charlotte," and "Allegheny Moon." She teamed with George Jones on "You Never Looked That Good When You Were Mine."


Page was one of the last surviving American singers who was popular in the pre-Elvis Presley era when songs on the pop charts leaned more toward innocence than rock 'n' roll's overt obsession with sex. Page proved herself something of a match for the rockers, continuing to place songs on the charts into the 1960s.


Page never kept track, but was told late in life that she'd recorded more than 1,000 songs. That's not what she had in her mind growing up as young Clara Ann Fowler.


"I was a kid from Oklahoma who never wanted to be a singer, but was told I could sing," she said in a 1999 interview. "And things snowballed."


Her popularity transcended music. She became the first singer to have television programs on all three major networks, including "The Patti Page Show" on ABC.


She was popular in pop music and country and became the first singer to have television programs on all three major networks, including "The Patti Page Show" on ABC. In films Page co-starred with Burt Lancaster in his Oscar-winning appearance of "Elmer Gantry," and she appeared in "Dondi" with David Janssen and in "Boy's Night Out" with James Garner and Kim Novak.


She also starred on stage in the musical comedy "Annie Get Your Gun."


In 1999, after 51 years of performing, Page won her first Grammy for traditional pop vocal performance for "Live at Carnegie Hall — The 50th Anniversary Concert." Page was planning to attend a special ceremony on Feb. 9 in Los Angeles where she was to receive a lifetime achievement award from The Recording Academy.


Neil Portnow, the Academy's president and CEO, said he spoke with Page and she had been "grateful and excited" to receive the honor. "Our industry has lost a remarkable talent and a true gift, and our sincere condolences go out to her family, friends and fans who were inspired by her work."


Page was born Nov. 8, 1927, in Claremore, Okla. The family of three boys and eight girls moved a few years later to nearby Tulsa.


She got her stage name working at radio station KTUL, which had a 15-minute program sponsored by Page Milk Co. The regular Patti Page singer left and was replaced by Fowler, who took the name with her on the road to stardom.


Page was discovered by Jack Rael, a band leader who was making a stop in Tulsa in 1946 when he heard Page sing on the radio. Rael called KTUL asking where the broadcast originated. When told Page was a local singer, he quickly arranged an interview and abandoned his career to be Page's manager.


A year later she signed a contract with Mercury Records and began appearing in nightclubs in the Chicago area.


Her first major hit was "With My Eyes Wide Open I'm Dreaming," but she got noticed a few years earlier in 1947 with "Confess."


She created a distinctive sound for the music industry on that song by overdubbing her own voice when she didn't have enough money to hire backup singers for the single.


"We would have to pay for all those expenses because Mercury felt that I had not as yet received any national recognition that would merit Mercury paying for it," Page once said.


"Confess" was enough of a hit that Rael convinced Mercury to let Page try full four-part harmony by overdubbing. The result was "With My Eyes Wide Open I'm Dreaming." The label read, "Vocals by Patti Page, Patti Page, Patti Page and Patti Page."


"Tennessee Waltz," her biggest selling record, was a fluke.


Because Christmas was approaching, Mercury Records wanted Page to record "Boogie Woogie Santa Claus" in 1950.


Page and Rael got hold of "Tennessee Waltz," convinced that a pop artist could make a smash hit out of it. Mercury agreed to put it on the B-side of the Christmas song.


"Mercury wanted to concentrate on a Christmas song and they didn't want anything with much merit on the flip side," Page said. "They didn't want any disc jockeys to turn the Christmas record over. The title of that great Christmas song was "Boogie Woogie Santa Claus," and no one ever heard of it."


"Tennessee Waltz" became the first pop tune that crossed over into a big country hit.


The waltz was on the charts for 30 weeks, 12 of them in the top 10, and eventually sold more than 10 million copies, behind only "White Christmas" by Bing Crosby at the time.


She received the Pioneer Award from the Academy of Country Music in 1980. She also is a member of the Oklahoma Jazz Hall of Fame.


In her later career, Page and husband Jerry Filiciotto spent half the year living in Southern California and half in an 1830s farmhouse in New Hampshire. He died in 2009.


Page is survived by her son, Daniel O'Curran, daughter Kathleen Ginn and sister Peggy Layton.


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Hollywood keeps its tax break in 'fiscal cliff' deal









Middle-class taxpayers aren't the only ones who stand to benefit from the last-ditch deal to avert the so-called fiscal cliff.


The agreement in Congress also includes something for Hollywood -- the extension of a tax break for movies and TV shows that shoot mainly in the U.S.


The provision, Section 181 of the federal tax code, allows qualifying productions to write down the first $15 million of expenses from their corporate tax bill. 





The program will cost an estimated $430 million in deductions in the next year, according to estimates by the Joint Committee on Taxation.


Congress implemented the federal tax incentive in 2004 to encourage productions to stay home rather than flee to Canada, Britain and other foreign countries.


It's not clear how effective the incentive has been. Film and television production continues to migrate to foreign cities, including Vancouver, Canada, and London, because of the stronger film tax breaks available there.  And while production in the U.S. has increased dramatically in the last decade, most of that has been attributed to various state tax incentive programs.


Nonetheless, the federal credit extension was strongly backed by the Motion Picture Assn of America, the chief lobbying arm for the studios. MPAA Chief Executive Chris Dodd has been a strong proponent of tax breaks for the industry.


"The combination of the state production incentives and the federal incentive over the past decade have been a successful counter to very aggressive incentives in foreign countries," said Kate Bedingfield, a spokeswoman for the MPAA. "The accompanying growth of production in the United States over that same time is great evidence of that.''


The film and television industry employs 2.1 million people and is responsible for $137 billion in total wages to American workers, according to the MPAA.


"The film and television industry is a vital component of the nation's overall economy, has a positive balance of trade with virtually every country in the world, and has been a significant contributor to growth in our economy," Bedingfield added.

ALSO:


MPAA website tells stories behind the story


MPAA's president praises GOP's anti-piracy stand


Websites go dark to signal opposition to anti-piracy bills





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Ruling over bumper-car injury supports amusement park









SAN FRANCISCO — The California Supreme Court, protecting providers of risky recreational activities from lawsuits, decided Monday that bumper car riders may not sue amusement parks over injuries stemming from the inherent nature of the attraction.


The 6-1 decision may be cited to curb liability for a wide variety of activities — such as jet skiing, ice skating and even participating in a fitness class, lawyers in the case said.


"This is a victory for anyone who likes fun and risk activities," said Jeffrey M. Lenkov, an attorney for Great America, which won the case.








But Mark D. Rosenberg, who represented a woman injured in a bumper car at the Bay Area amusement park, said the decision was bad for consumers.


"Patrons are less safe today than they were yesterday," Rosenberg said.


The ruling came in a lawsuit by Smriti Nalwa, who fractured her wrist in 2005 while riding in a bumper car with her 9-year-old son and being involved in a head-on collision. Rosenberg said Great America had told ride operators not to allow head-on collisions, but failed to ask patrons to avoid them.


The court said Nalwa's injury was caused by a collision with another bumper car, a normal part of the ride. To reduce all risk of injury, the ride would have to be scrapped or completely reconfigured, the court said.


"A small degree of risk inevitably accompanies the thrill of speeding through curves and loops, defying gravity or, in bumper cars, engaging in the mock violence of low-speed collisions," Justice Kathryn Mickle Werdegar wrote for the majority. "Those who voluntarily join in these activities also voluntarily take on their minor inherent risks."


Monday's decision extended a legal doctrine that has limited liability for risky sports, such as football, to now include recreational activities.


"Where the doctrine applies to a recreational activity," Werdegar wrote, "operators, instructors and participants …owe other participants only the duty not to act so as to increase the risk of injury over that inherent in the activity."


Amusement parks will continue to be required to use the utmost care on thrill rides such as roller coasters, where riders surrender control to the operator. But on attractions where riders have some control, the parks can be held liable only if their conduct unreasonably raised the dangers.


"Low-speed collisions between the padded, independently operated cars are inherent in — are the whole point of — a bumper car ride," Werdegar wrote.


Parks that fail to provide routine safety measures such as seat belts, adequate bumpers and speed controls might be held liable for an injury, but operators should not be expected to restrict where a bumper car is bumped, the court said.


The justices noted that the state inspected the Great America rides annually, and the maintenance and safety staff checked on the bumper cars the day Nalwa broke her wrist. The ride was functioning normally.


Reports showed that bumper car riders at the park suffered 55 injuries — including bruises, cuts, scrapes and strains — in 2004 and 2005, but Nalwa's injury was the only fracture. Nalwa said her wrist snapped when she tried to brace herself by putting her hand on the dashboard.


Rosenberg said the injury stemmed from the head-on collision. He said the company had configured bumper rides in other parks to avoid such collisions and made the Santa Clara ride uni-directional after the lawsuit was filed.


Justice Joyce L. Kennard dissented, complaining that the decision would saddle trial judges "with the unenviable task of determining the risks of harm that are inherent in a particular recreational activity."


"Whether the plaintiff knowingly assumed the risk of injury no longer matters," Kennard said.


maura.dolan@latimes.com





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Four Android productivity apps you should use in 2013






Happy New Year! Like most folks, I am working on some resolutions for 2013. One resolution I have is to be more productive. One way I am going to do this is by using my Android phone better. Now there are apps that I have, but really have not used to their fullest. As I work on this resolution, I might discover even better apps. For now I will focus on these impressive apps that can make anyone more productive.


I use Hootsuite on the computer, but rarely find myself engaging with it on my smartphone. With Hootsuite, you can manage Twitter, Facebook, LinkedIn, and Foursquare accounts. The free version allows for up to five accounts and one member of your team to access the account. There is a pro version with a monthly fee, in which you can have more accounts and team members and helpful analytics tools.






The design of the app is very good. If you sync the web version to mobile, you will have everything automatically downloaded to the phone. When viewing content, you swipe left or right to change columns or streams. If you are in the middle of a stream, simply tap the top menu bar to automatically return to the top. The app allows for multiple profiles and scheduled tweets. My goal is to keep up with my feeds and tweets in real-time rather than waiting until I get to a computer.


Another web service that I started to use, but find myself not using it to the fullest. Producteev is a web-based task management service. With Producteev you can work as an individual or in a team by setting up workspaces and then organize tasks by labels. For each task you can assign a priority, due date, and share with team members, if you have any. Overall, this is a great service, since I like making lists, even though I rarely remember having made them.


The Producteev app is available for all platforms. The app has a very clean interface and is easy to find tasks. Probably the best way to keep up with tasks is to use the different widget for the home screen. Seeing the widgets will help keep those key tasks in the forefront of your mind. The app will work offline and syncs in the background.


 Four Android productivity apps you should use in 2013I read blogs every single day, especially those related to new apps, Android, or mobile news. The only way I can do that is via my Google Reader. I find myself trying to catch up each day on the computer (just like with Twitter activity) when I would be better off reading a little bit over time during the day. NewsRob is a Google Reader that I have had for years. The interface is very clean and easy to use. The developer created a bunch of customizations options, which really make this reader stand out.


With NewsRob you can set up a notification of new articles, how you synchronize with Google and when, how many articles to keep in your cache, and more. If you set up folders within Google Reader, NewsRob will download the folders, too. This enables you to read the posts by blog or folder. The app provides a very clean blogpost display optimized for smaller screens. With each post you can zoom in or out, mark a post read or unread, view in the browser, and share the link to email or services such as Evernote. There is a free version of the app.


The last task I need to work on to be more productive is to keep up with the calendar. I find myself checking on the computer, after the fact, finding out that I am either late or forgot about a meeting or appointment. Using Google calendar is a good place to start, but I have not found the standard calendar app on my Droid was all that helpful.


Business Calendar is a very capable calendar app that has a ton of features. The app lets you view your calendar in a number of different views, and has search and favorite-calendar features, to name a few. The option of viewing different calendars, color coding and being able to easily add, delete, and edit events is helpful. The ability to use widgets for reminders is important. The pro version has over 10 different sizes and allows for the import or export of calendar files in the iCalendar format. Business Calendar also has a free version.


So my top goal or resolution for 2013 is to be more productive. I think using these apps more will help me accomplish that goal. Are there any apps you have but not using to their fullest? What resolutions do you have for 2013?


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Playboy Hugh Hefner marries his 'runaway bride'


LOS ANGELES (AP) — Hugh Hefner's celebrating the new year as a married man once again.


The 86-year-old Playboy magazine founder exchanged vows with his "runaway bride," Crystal Harris, at a private Playboy Mansion ceremony on New Year's Eve. Harris, a 26-year-old "Playmate of the Month" in 2009, broke off a previous engagement to Hefner just before they were to be married in 2011.


Playboy said on Tuesday that the couple celebrated at a New Year's Eve party at the mansion with guests that included comic Jon Lovitz, Gene Simmons of KISS and baseball star Evan Longoria.


The bride wore a strapless gown in soft pink, Hefner a black tux. Hefner's been married twice before but lived the single life between 1959 and 1989.


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