Saturday, 12 July 2014

Tracy Morgan sues Wal-Mart for crash that killed 1


Tracy Morgan has sued Wal-Mart over last month's highway crash that seriously injured him and killed a fellow comedian.


The lawsuit, filed Thursday in U.S. District Court in New Jersey, claims Wal-Mart was negligent when a driver of one of its tractor-trailers rammed into Morgan's limousine van. The complaint claims the retail giant should have known the driver had been awake for over 24 hours, and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.


"As a result of Wal-Mart's gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," according to the complaint.


The June 7 wreck on the New Jersey Turnpike killed 62-year-old comedian James McNair, who went by the name Jimmy Mack. Comedian Ardley Fuqua and Jeffrey and Krista Millea, who were passengers in the limo, are also named as plaintiffs.


Morgan, the former "Saturday Night Live" and "30 Rock" star, suffered a broken leg and broken ribs in the crash and is currently in a rehabilitation center. Fuqua is recovering from crash-related injuries.


Truck driver Kevin Roper, 35, of Jonesboro, Georgia, has pleaded not guilty to death by auto and assault by auto charges. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.


A report by federal transportation safety investigators said Roper was driving 65 mph in the 60 seconds before he slammed into the limo van. The speed limit on that stretch of the turnpike is 55 mph and was lowered to 45 mph that night because of construction.


Roper had been on the job about 13 1/2 hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.


Morgan's lawsuit seeks a jury trial and punitive and compensatory damages.


A message seeking comment from Wal-Mart was not immediately returned Saturday. An email seeking comment from Morgan's publicist was not immediately answered.



Quentin's 3 RBIs help Padres beat Dodgers 6-3


Carlos Quentin drove in three runs, Alexi Amarista homered and Jesse Hahn pitched six solid innings, leading the San Diego Padres to a 6-3 victory over the Los Angeles Dodgers on Friday night.


Hahn (5-2) allowed a run and three hits, struck out six and walked four in his seventh major league start. The 24-year-old right-hander has a 1.46 ERA over his last six outings since Pittsburgh beat him 4-1 on June 3 in his big league debut at Petco Park.


Padres right-hander Blaine Boyer took over for Hahn, giving up a leadoff double to Drew Butera and a walk to Carl Crawford. That ended Boyer's season-opening string of 26 consecutive plate appearances by right-handed batters without a hit or a walk — the longest such streak since STATS LLC. began tracking data in 1974.


First-time All-Star Yasiel Puig chased Boyer with an RBI double, the first run off him this season in 14 innings. Adrian Gonzalez hit a sacrifice fly against Alex Torres, but Quentin turned it into an inning-ending double play by throwing to third baseman Chase Headley for the tag on the over-aggressive Puig after Dee Gordon crossed the plate.


Joaquin Benoit escaped an eighth-inning jam, striking out Juan Uribe and Miguel Rojas with runners at second and third and retiring Crawford on a fielder's choice grounder with the bases loaded after a full-count walk to pinch-hitter A.J. Ellis.


Huston Street pitched a perfect ninth for his 24th save in 25 chances.


Quentin, who entered Friday batting .165 with 14 RBIs in 42 games, hit an RBI double in the fifth off Dan Haren and extended the Padres' lead to 6-1 in the sixth with a bases-loaded two-run single against Jamey Wright. The three RBIs gave the Padres' left fielder two more than he had in his previous 34 at-bats combined.


The Dodgers' third loss in four games, coupled with San Francisco's 5-0 win over Arizona, dropped the defending NL West champions into a virtual tie with the Giants for the division lead.


Haren (8-6) gave up four runs and six hits in his third start against the Padres and second loss to them in three weeks, throwing 102 pitches in four-plus innings. He came in 4-1 with a 2.96 ERA in his eight previous home starts this year.


Matt Kemp opened the scoring in the Dodgers' first with an RBI single, but the Padres responded in the second with Amarista's third home run after Will Venable reached on a strikeout-wild pitch past Butera.


Haren has allowed 19 homers — tying the Padres' Eric Stults for second-most in the NL behind the 27 served up by Milwaukee's Marco Estrada.


The Padres increased the margin to 4-1 with two runs in the fifth. Headley, whose homer in Thursday's series opener ended Clayton Kershaw's string of 41 consecutive scoreless innings, drove in Seth Smith from first base with a double. Quentin followed with another double on Haren's 103rd and final pitch.


NOTES: Former Dodgers assistant general manager Kim Ng was the eighth candidate interviewed by the Padres to replace fired general manager Josh Byrnes. Ng, currently the senior vice president of baseball operations for Major League Baseball, is attempting to become the first female general manager of any major pro sport. Dodgers vice president of amateur scouting Logan White also was interviewed for the job. So was Padres senior vice president of baseball operations Omar Minaya, the former Mets and Montreal Expos GM. ... Haren has allowed at least one home run in 11 of his last 12 starts. But none of the last 30 home runs hit against him have come with more than one man on base. ... The Padres' rotation has a 1.74 ERA over the last 11 games.



High wages, overtime mean home front disruption


Not much housecleaning gets done when Justin Page gets home.


After working a 15-day "hitch" for Cal-Frac in the oil fields of Williston, North Dakota, the six days off that follow are precious time with his family, wife Angela, and their three girls.


Who cares if the house gets a little messy. Dad's home.


"When he comes home, the whole dynamic changes," Angela said in the fun-loving home with two boisterous dogs and two bold cats. "There's so much going on we don't have a chance to clean up."


A life punctuated with the ups and downs of having the family's breadwinner travel to distant oil fields to make ends meet is a reality for thousands of households across the nation.


In Grand Junction, 650 people are employed as roustabouts in oil and natural gas production, earning an annual mean wage of $44,240 as of May 2013, according to the U.S. Bureau of Labor Statistics. Around the country, 68,230 workers held jobs in the field.


States with the highest employment levels of roustabouts are Texas, North Dakota, Oklahoma, Louisiana and California, in that order. Highest paying wages for these jobs are in Alaska, followed by Montana, North Dakota, Wyoming and Colorado, the BLS reported. Mean annual wages in Alaska are $48,000 a year compared to $39,600 a year in Colorado.


So it's little surprise, when local and regional energy jobs started to thin and wages dipped, workers began to look elsewhere for work. Yet, the tolls of lengthy commutes, and the sacrifices both from the worker logging long shifts and a partner at home keeping families stable have both fractured and strengthened everyday life, many families report.


"The kids are super happy when he comes home," Angela Page said. "The youngest gets upset when he leaves and asks, 'Why do you work so far away?' To explain that to a little girl about to turn 8 is difficult. That initial day that he leaves, she says, 'I miss daddy already.' We're honest with her and say if daddy didn't go to work, we wouldn't have the things that we have."


The on-again, off-again life with their father and husband has been like this since Justin started working for Cal-Frac in February 2011. Having one breadwinner, Angela stays home with the girls, ages 7 to 16.


"We didn't think it was fair for them to not have at least one parent at home, and paying the cost of childcare is just ridiculous," Angela said.


When Justin started with the company, some travel benefits made it more amenable to make the nearly 14-hour haul to the town brushing the Canadian border. Then, hitches were three weeks on and two weeks off. The company initially paid for direct flights so workers could leave Grand Junction at 6 a.m. and start work by about 11 a.m. Now, there are fewer days off, and the travel benefits have disappeared. Commercial flights can cost up to $1,000 and driving back and forth sucks up two days of a worker's off time.


"It's all changed," Angela said.


Other changes, and not bad ones, include a sense of independence the family has adopted, she said. Not always wanting to bother Justin with the chore list when he gets home, Angela has learned to work the sprinkler system and crosses other items off the to-do list. When the family moved homes, she hired a moving company to help. Having some time apart isn't the worst scenario, she said.


"Sometimes I need my space," Angela said. "I don't know what I would do if he got a job here. He's used to that part of it."


Holidays, though, are another story. Or, when his friends want to spend time off with him, time that keeps him from his family. The tug-of-war of trying to make everyone happy can get stressful.


Angela said she no longer looks far ahead into the future to see whether the schedule means her husband will have upcoming holidays off. Last year, for example, Justin arrived home New Year's Day. The children saved presents to unwrap when their dad got home and celebrated the Christmas holiday when he returned.


"He's trying to provide for his family and it's a trade-off," Angela said. "It's a love/hate relationship. That's the perfect way to put it."


Amy Provstgaard of Battlement Mesa also knows a bit about the sacrifice.


The Wyoming native loved working on a rig for Halliburton and met her future husband, Alex, there. When Amy got pregnant with their child, she created a Facebook page for oil field wives.


To date, the popular site has attracted more than 27,000 likes and has become a sounding board for the challenges working families face. The site also raises money through oil field wives T-shirt sales for families in crisis, helps to distribute news of job openings or injured workers, or simply provides support. Amy hears from wives whose husbands are gone for hitches that span six months to a year, separations not unlike military service.


"I want to help other families," Provstgaard said from her home, with her two children, James, 3 and Melissa Cook, 9. "I didn't want them to feel alone."


When Amy and her husband were working on a rig, the couple made about $100,000 a year. These days, Alex works in Silt for the Bureau of Land Management regulating wells. Though the pay is less, the job security and other benefits are welcome.


There was a time when Alex was still working for Halliburton, traveling around away from his new family. He was staying in Vernal and got the phone call.


"I knew the exact moment I wanted to quit Halliburton," he said. "She told me James just giggled for the first time and I wasn't there. That moment in the hotel room, I knew I was done. The milestones I have not missed have more than made up for the lack of money."


Jemmi D'Amico's husband, Anthony, works as a relief operator in Silt for Ensign Energy. While Anthony makes the daily commute and gets weekends off, he initially trained for weeks in Greeley and many in his crew still report to the Front Range. Sometimes Anthony must rise at 2 a.m. to get to work, but overall, except for the long hours, Jemmi feels grateful the work doesn't disrupt family life, and time with her 10-year-old daughter, Mikayla Law.


"I'm very lucky that he comes home every night," she said. "Until he left for those weeks, I realized I could never do that for life. I don't know how people do it with little babies. You'd be signing up to do it by yourself."


Jemmi said it's not that oil field jobs make more money than other jobs, but workers earn a healthy wage by putting in overtime hours. That conundrum means workers can be exhausted while on the job or traveling, she said.


"The paycheck looks good, but then you look at the hours that went into it," she said. "Sometimes it's all I can do to get food in him and in the shower when he comes home. Most people just don't know the definition of tired."


For the times when Anthony works out of town, Jemmi said she can have trouble getting motivated.


"When he's working out of town, my girlfriends come over and pick me up off the couch," she said. "It's really hard to cook when he's not home."


Her husband laughs at her, not considering her a "real" oil field wife, Jemmi said.


"I just don't know what we'd do without it," she said about his work. "It's been a blessing."



Friday, 11 July 2014

Collector turns love of 'Star Wars' into business


The inspiration behind Brian Semling's 20-year-old Fountain City, Wisconsin, business came at an unlikely time — during a visit to a friend's house to watch "Return of the Jedi."


Fifteen years old at the time, he hadn't seen the movie since it came out in theaters nearly a decade earlier. He loved it.


After they watched, he recalled looking over his friend's extensive Masters of the Universe toy collection. As they did, Semling began to question where all of his Star Wars toys went — and soon remembered the answer.


He'd sold them all at a garage sale at age 10.


He wanted to get some back. He began to collect, seeking a connection with those childhood memories.


"I'd forgotten how cool I thought it was, and how much fun I'd had with the toys when I was a kid," he told the Winona Daily News (http://bit.ly/VT12QR ). "It's funny — if I hadn't given away those toys, I may not have become so interested in collecting."


It was a good thing he did.


Semling, 37, doesn't play with toys much anymore.


In the 20-plus years that followed his realization, he has transformed his collecting hobby into a successful family business — Brian's Toys — which sells new and vintage toys and collectibles to buyers in more than 100 countries around the world.


He brought in $5 million in sales in the last year alone, and is now planning for a future where selling toys may only be a small portion of what he does.


But he started small.


About a year-and-a-half after he started collecting as a junior in high school, he decided to start a mail-order business out of his parents' basement and garage.


A natural extension of his collecting hobby, he saw it a chance to make a bit of extra cash for college.


Soon he discovered a potential to make real money.


He took out ads in collector magazines, exhibited at toy shows. With help from his parents, Norm and Betsy, and brother, Joe, he'd spend entire weekends as a teen buying, selling and trading and staying up until the early morning pricing toys and staying up with the books.


The summer after his freshman year at the Massachusetts Institute of Technology, he was faced with a dilemma. He was hesitant to take more time away from the business, yet he wasn't ready to leave MIT.


So he headed back to school, flying home Thursdays to spend the weekend running the business. In a matter of weeks, he realized couldn't do both. In October 1996 he transferred to Winona State University, and committed fully to growing and developing the business.


"I worked hard at it, and it grew through that hard work," Semling said. "I thought, how much more could it grow if I worked at it full-time?"


It paid off.


In the years since Semling's return to Winona, the business has continued to expand.


In staff — he now has about 20 people working for him, many of whom are WSU students or graduates.


In size— the main office is now on the estate of Semling's great-grandparents, Joseph and Elizabeth, just off of state Highway 35 in Fountain City. Semling also utilizes two other warehouses in Winona, as well as space in the Winona Occupational Rehabilitation Center for warehousing and fulfillment.


And in merchandise — The business has grown and diversified, now selling a wide range of toys from the likes of Hasbro, Mattel, LEGO, Play-Doh. Ten years ago, Star Wars accounted for 90 percent of sales; now it has fallen to about 30 percent.


Semling still has his own personal toy collection, and he still gets excited when he sees a particularly rare item come in through the warehouse. Like the 1978 Darth Vader action figure sealed in its original packaging that brought in $30,000 last year — the most expensive vintage toy he has sold so far.


But these days, Semling is more focused on preparing business for the future.


His team is working on a mobile app, scheduled for release in August, which will allow collectors to generate an inventory list by simply scanning the bar codes on original toy packaging. He's also revamping his website.


While the business is now almost completely about selling toys, he envisions a future where that will shift as he turns his attention to other online services and applications.


Yet, the core aspects of the business haven't changed. It's still a family affair — his parents, now retired, assist part-time. His wife, Carina, helps with payroll. Even his two young children — Sonja, 7, and Erik, 4 — are happy to help out here and there. They both say they want to work with their dad when they grow up.


Semling said he's careful not to push them in that direction, but the fact that he works with toys certainly doesn't hurt the sell, he admitted.


His goal, he said, is simple:


"To build a business of lasting value while having fun along the way."


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Online:


Brian's Toys: http://bit.ly/1ostS17


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Information from: Winona Daily News, http://bit.ly/1lYUlDQ


An AP Member Exchange Feature shared by Winona Daily News



Families host present-free birthday parties


The youngster didn't unwrap a pile of trinkets and dolls for her birthday.


Instead, guests at Kathleene Thomas' birthday party brought canned food to donate to the Interchurch Food Pantry.


At a party for a 5-year-old in Greenwood, parents asked guests not to spend money on action figures and toy cars. Instead, donations to a college savings account for the boy would be most appreciated.


Families across the nation and across the county are hosting present-free birthday parties.


Some parents say their child has too much stuff and they are tired of throwing away or donating toys that have been played with once or left in the package.


Other parents want their children to see that a birthday is for more than receiving gifts and that money spent on a birthday gift could be better used elsewhere.


"We were getting gifts that were played with a few days and then it was at the bottom of the toy box," Emily Cornpropst told the Daily Journal (http://bit.ly/1lTwEPT).


So, the Greenwood resident decided she would do something different for her son Dallas' fifth birthday party.


Guests were asked to join Dallas at an indoor trampoline park. Instead of buying him a gift, they were asked to make a contribution to his college savings account.


Their friends and family gave about $250, which the boy's parents matched.


Everyone won, she said.


They plan to make it a tradition for Dallas' 10th and 15th birthday parties.


Asking for a contribution to a college savings account allowed relatives to show love to their child through a gift, she said.


"More than saying 'no gifts please,' (friends and families) want to show love to this child," Cornpropst said. "We are more about the memories, too."


Hosting gift-free birthday parties is becoming a philanthropic trend, some families said.


April Thomas has had gift-free birthday parties for years for her daughter, Kathleene.


Grandparents purchase gifts for the Waverly resident, but friends and other relatives are asked to make a donation to the charity of Kathleene's choice.


Friends have brought canned goods to a Scooby-Doo themed birthday party to be donated to the Interchurch Food Pantry in Franklin and Mount Pleasant Christian Church's food bank. Pet supplies have been stacked alongside the cake, to be donated to the Humane Society of Johnson County.


Going present-free was easy, Thomas said.


"It was just an overload of toys. We had to scale back," she said.


Getting others to accept a present-free decree can be harder, families said.


Julia Dahl, a sophomore at Center Grove High School, gave up gifts for Christmas two years ago and will do the same for her 16th birthday later this summer.


She asked for cash, so she could donate it to diabetes research.


Most family members complied, but not all were happy at first, Dahl said.


"At first the reaction wasn't the best," she said. "Relatives told me that they wanted to buy a gift and see my reaction."


A classmate gave up birthday gifts and used her money to buy Bibles, which she gave to people in Indianapolis.


Remembering the joy she had when she gave up Christmas gifts and the idea from her friend has Dahl looking forward to her birthday party in August when she will forgo presents.


"Listening to my friend do that, I realized how amazing it was," Dahl said.


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Information from: Daily Journal, http://bit.ly/1iTzNzl


This is an AP Member Exchange shared by the Daily Journal.



SupplierPay and QuickPay: Strengthening America's Small Businesses

Today, President Obama announced the creation of SupplierPay, a new partnership with the private sector that will strengthen America's small businesses by increasing their working capital. He's also renewing the QuickPay initiative for federal small business subcontractors, which the President launched in 2011.


If you're scratching your head and asking yourself, "What does that mean, exactly?" — don't worry. We'll do our best to break it down for you.


Why do we need to strengthen small businesses?


Small businesses are vital to our nation's economy. Not only do they employ half of America's workers, but they create almost two out of every three new American jobs, and they're often the source of great innovation.


The Great Recession disproportionately affected small businesses, as they lost 40 percent more jobs than the rest of the private sector combined. Although they're still creating most of our new jobs, 66 percent of small businesses say that they find it "difficult to raise new business financing," according to a recent Pepperdine and D&B study.


What's more, it often takes too long for small businesses to get paid for their products and services. Estimates show that the average small business invoice goes unpaid for almost two months, and "past due" payments are increasing. This causes small businesses to spend unnecessary funds in order to cover the cash flow issues caused by late payments — funds that could be spent on growing their businesses and creating new jobs instead.


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Florida Ruling Is A Primer On Redistricting Chicanery



Florida Republican state Sen. Rene Garcia examines a map of proposed changes in congressional districts in January 2012.i i


hide captionFlorida Republican state Sen. Rene Garcia examines a map of proposed changes in congressional districts in January 2012.



Chris O'Meara/AP

Florida Republican state Sen. Rene Garcia examines a map of proposed changes in congressional districts in January 2012.



Florida Republican state Sen. Rene Garcia examines a map of proposed changes in congressional districts in January 2012.


Chris O'Meara/AP


If you have some time over the weekend or need a break from the endless LeBron James coverage, you could peruse the highly readable opinion by a Florida judge who invalidated some of the redistricting efforts by the state's Republican legislature.


Leon County Circuit Judge Terry Lewis found compelling evidence of chicanery in how the lines of two Florida congressional districts were redrawn — the 5th District, represented by Democratic Rep. Corrine Brown, and the 10th District by Rep. Daniel Webster, a Republican.


The decision wasn't a complete loss for the GOP-led legislature: Lewis ruled that the plaintiffs failed to prove that several other districts violated the state constitution.


What makes Lewis' opinion such fun reading for students of politics is his highlighting of how political operatives sought to leave no fingerprints of their efforts to influence the redistricting maps. This isn't the judge's first brush with political controversy: He is among the Florida judges who heard cases in the epic Bush v. Gore presidential election fight of 2000.


One technique Lewis discusses was how Republican political consultants, told that they wouldn't "have a seat at the redistricting table" by GOP lawmakers and aides, still managed to get what they wanted. They did it by using the old Astroturf technique of sending in front groups.


"What is clear to me from the evidence," Lewis wrote, "is that this group of Republican political consultants or operatives did conspire to manipulate and influence the redistricting process. They did this by writing scripts for and organizing groups of people to advocate the adoption of certain components or characteristics in the map, and by submitting maps and partial maps through the public process, all with the intention of obtaining enacted maps for the State House and Senate and for Congress that would favor the Republican Party."


The judge does say, however, he found no evidence that the lawmakers and aides were in cahoots with the consultants.


Because this case involves congressional redistricting, Lewis gets into the minutiae of political map-making. For instance, he notes that the map for the "bizarrely shaped" 5th District violates state law by, among other things, narrowing so much at one point that only state Highway 17 lies within it.


He also found that the 2012 redistricting used line-drawing contortions to join two African-American areas in creating the new district, even though that particular area didn't meet federal and state requirements for doing so. Lewis concluded that this "was done with the intent of benefiting the Republican Party" since it presumably made other areas more favorable to Republican candidates.


The case is far from over; it's expected that the Florida Supreme Court will weigh in at some point, then the federal courts.