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Posted
17 hours ago, Armybrat said:

The top of my ears have actually been drooping over since I turned 75 a few years ago.

It happens to the best.

orca.jpg

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Posted

https://www.law360.com/insurance/articles/1847100/8th-circ-judge-calls-car-sex-clearly-foreseeable-in-hpv-suit

8th Circ. Judge Calls Car Sex 'Clearly Foreseeable' In HPV Suit

By Hope Patti ·  Listen to article

Law360 (June 12, 2024, 8:16 PM EDT) -- An Eighth Circuit judge said Wednesday that having sex in a vehicle is "clearly foreseeable," challenging Geico's contention that such activity does not constitute normal use of an automobile in a coverage suit over a woman's claim that she contracted HPV during sexual encounters in a policyholder's car. 

Geico General Insurance Co.'s counsel, Douglas S. Beck of Shook Hardy & Bacon LLP, contended during oral arguments that, under Kansas law, the policy issued to Martin Brauner does not cover liability for the woman's injury simply because the covered automobile was the location where transmission occurred. A Missouri federal court had accepted Geico's arguments in March 2023, when it concluded that the insurer was not obligated to cover Brauner against claims asserted by the woman, identified in court filings as M.O.

Citing a Kansas state appeals court's 1981 ruling in Farm Bureau Mutual Insurance Co. v. Evans , Beck asserted that an injury does not arise out of the "use" of an auto if it is caused by some intervening cause not identifiable with the normal use of an auto.

When asked by one of the judges what exactly "normal use" of an auto means, Beck responded that it means "using an auto as an auto." 

"Using an auto as an auto doesn't help me because it depends how you use an auto," the judge remarked.

Beck asserted that using an auto as an auto means using it for vehicular purposes, which is why Kansas courts have repeatedly found that using a vehicle as a shelter, or as the situs for bodily injury, is insufficient to create liability coverage.

He further contended that Garrison v. State Farm Mutual Automobile Insurance Co.  provides a good example of what it means to use an auto as an auto. In that case, the Kansas Supreme Court held in 1995 that a driver who was injured when a shotgun inside the vehicle accidentally discharged was entitled to coverage because the incident arose out of the use of a vehicle.

But one judge asked how the court can reconcile the language of the Garrison ruling — which states that coverage exists where the minimal causal connection between the use of the vehicle and the injury is provided by the foreseeable and reasonable use of the vehicle — with this case, when it's "clearly foreseeable" that people are going to have sex in cars.

Ultimately, Beck said, there has to be a causal connection between the use of the auto and the injury to trigger coverage. Otherwise, he asserted, the auto policy would be converted into a general liability policy with no restrictions.

M.O.'s counsel, David M. Mayer of Monsees & Mayer PC, argued that the Geico policy is "formatted in a manner that's confusing and not usual with most other policies," leading to more than one reasonable interpretation.

One reasonable interpretation is that the policy does not require a bodily injury claim to arise out of the "use" of a vehicle for there to be coverage, according to Mayer.

U.S. Circuit Judge Raymond W. Gruender asked whether a reasonable person would interpret the auto policy as covering his liability if he had a covered vehicle in his garage and someone tripped on his sidewalk and broke their leg.

"Under your reading, don't you have a claim under the auto policy?" the judge asked.

Another judge commented that Mayer seemed "hung up" on the formatting of the policy when the stronger argument was whether M.O.'s injury arose out of the use of an auto, saying he could hang his hat on the Garrison case. 

Mayer also contended that the Evans case is distinguishable because the injury occurred outside a vehicle, whereas M.O. was injured inside Brauner's car.

Geico's coverage suit against Brauner and M.O. commenced in April 2021, when it denied M.O.'s demand for payment to resolve her claims that Brauner negligently infected her with HPV during sexual encounters in his 2014 Hyundai Genesis.

Shortly before the insurer's denial, the woman and Brauner entered into an agreement in which her claims against him would be sent to arbitration and she would only seek recovery of any judgment from his insurers. The pair then arbitrated M.O.'s claims in May 2021, and she was awarded $5.2 million.

M.O. informed Geico of the award and sued Brauner in Missouri state court, which entered a judgment confirming the award in July 2021.

Geico was permitted to intervene in the suit on the same day judgment was entered but was unsuccessful in its attempts to vacate the judgment. A Missouri state appeals court affirmed the award in June 2022.

The Missouri Supreme Court, however, vacated the $5.2 million judgment in January 2023 because Geico wasn't given the opportunity to intervene before judgment was entered.

U.S. Circuit Judges Steven M. Colloton, Michael J. Melloy and Raymond W. Gruender sat on the appeals panel.

Geico is represented by J. Max Rosen and Cary B. Lerman of Munger Tolles & Olson LLP and W. Clark Richardson and Douglas S. Beck of Shook Hardy & Bacon LLP.

M.O. is represented by David M. Mayer and Phillip R. Martens of Monsees & Mayer PC.

Brauner is represented by Brian J. Niceswanger and Stephanie Anne Preut of Evans & Dixon LLC.

The case is Geico General Insurance Co. et al. v. M.O. et al., case number 23-1686, in the U.S. Court of Appeals for the Eighth Circuit.

  • Fuck Around and Find Out 1
Posted
On 6/21/2024 at 10:22 AM, Nuge said:

Portland, Or (very) minor league baseball team is selling THC infused sodas at the ballpark.  I might have to check out a game. 

 

https://www.oregonlive.com/sports/2024/06/portland-pickles-to-become-first-sports-team-to-legally-sell-thc-products-at-games.html

Honestly, I love baseball and I love THC, but they do not go together. 

Hockey and THC is awesome, however.

Posted
31 minutes ago, NeverMarryAStripper said:

If you put a bunch of stoned people in a baseball stadium, they'll all fall asleep

Or start masturbating to a mascot dressed as a Furry...

Posted
27 minutes ago, Beau Vine said:

Don't you dare judge me.

01hxa1t425bheaj7x5gm.jpg

 

 

Laughter is non-judgemental. 

Just remember latex can generate massive amounts of static electricity when rubbed briskly... avoid amputation if possible.

Posted
News stories that remind you of aggy
German police seek help in solving bull sperm heist
BERLIN (AP) — Police in western Germany are appealing for help in cracking a potentially very cold case.
Authorities say about 60 containers of bull sperm were stolen from a farm in the town of Olfen, 90 kilometers (56 miles) northeast of Cologne, late Monday or early Tuesday.
Police said in a statement Wednesday that while it’s unclear how the rustle happened, the precious cargo needs to be supercooled with liquid nitrogen at –196 Celsius degrees (–320 Fahrenheit) so it isn’t spoiled.
They are seeking tips from the public that might lead to the recovery of the sperm, which was intended for artificial insemination.

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Posted

This story is just too good not to share. Matthew Pancake was arrested while wearing leopard skin pajamas with four hamsters in his pants after a series of break-ins.

https://www.10tv.com/article/news/crime/bodycam-man-arrested-hamsters-in-pants-columbus-matthew-pancake/530-772885cf-c800-4d09-84ee-7c5a328e58d7

Bodycam video shows arrest of man with hamsters in his pants after allegedly breaking into Columbus pet store

COLUMBUS, Ohio — The Columbus Division of Police released body camera video showing the arrest of a man who had hamsters in his pants after allegedly breaking into a pet store and two other businesses on the city's west side early Tuesday morning.

Officers were called to Roosters at 5225 Nike Station Way near Hilliard just after 3 a.m. Upon arrival, they discovered the restaurant was broken into. Video evidence shows a man with long hair wearing leopard-print pajamas inside. 

A nearby Petland store was also broken into, with several animals seen running around in the parking lot. Police recovered two dogs, multiple birds, a hamster and at least two bunnies. A Famous Footwear store on Hilliard Rome Road was also broken into.

Around 4:45 a.m., officers found the man, police later identified as Matthew Pancake, sleeping on a bench near Big Lots on Roberts Road.

The bodycam video shows multiple officers surrounding Pancake as he sleeps on the bench.

An officer grabs Pancake off the bench and tells him he is under arrest.

Pancake asked several times asking what was happening and officers told him that he was under arrest for breaking and entering. 

As officers searched Pancake, they found four hamsters and bedding in his leopard-printed pajamas.

"There's multiple gerbils in his pants," an officer can be heard saying. "Do you have any more gerbils on you?" The gerbils were later identified as hamsters.

The officers took pictures of the hamsters before returning them to the store.

Pancake was treated for injuries he suffered while allegedly breaking into one of the stores. He is charged with breaking and entering and vandalism. A judge set his bond at $10,000 during his arraignment on Wednesday.

 

Posted

Dildo Brewing Company in Dildo, NL is a real brewery in a real town.  Dildo, NL should not be confused with South Dildo, NL.  Also, just a short drive from Dildo is Spread Eagle, NL.  I have always found the proximity of these two locations funny.

 

  • 3 weeks later...
Posted
On 11/7/2022 at 9:11 PM, RPM said:

LEXINGTON, Ky. — A University of Kentucky student has been arrested for physically and verbally assaulting another student.

Sophia Rosing has been charged with assault, public intoxication, disorderly conduct and assault of a police officer.

Arrest records show Rosing was arrested at Boyd Hall by UK police.

She was then booked into the Fayette County Jail, initially, as Jane Doe.

sophiarosing-jpg-1667775572.jpg?resize=6

Video has since surfaced online showing Rosing attacking another student who was on duty as a desk clerk in the school dormitory at the time.

In the video, Rosing appears to attempt to run the student over with a shopping cart that was in the building lobby. Rosing is also heard saying the n-word more than 200 times.

According to her arrest citation, Rosing told police that she "has lots of money and gets special treatment." The citation also said she kicked and bit a police officer during her arrest.

UK released a statement saying they are investigating the incident. UK President Eli Capilouto says the actions in the video are "deeply antithetical to what we are and what we always want to be as a community."

The university has launched an investigation into the incident.

Rosing is set to appear in court for her arraignment Monday afternoon.

Surprised she'll likely get a little time inside. 

Quote

Rosing pleaded guilty to four counts of fourth-degree assault, one count of disorderly conduct, and one count of public intoxication, her attorney, Fred Peters, told the Lexington Herald-Leader. He said his client now faces 12 months in jail, 100 hours of community service, and a $25 fine.

“Her life has been on hold for the past 18 to 20 months,” Peters told the Herald-Leader. “She has had a lot of time to think about what she has done, and she wrote a nice letter of apology.” 

https://www.yahoo.com/news/former-university-kentucky-student-viral-153544279.html

Posted

From Liberally Lean

  • There's a gold mine of nuggets out of this story from Denton. Stay with me here. 
    Screenshot%202024-08-21%20080318.jpg
    Screenshot%202024-08-21%20080507.jpg
     
    • It was pled on Friday before trail when the prosecutor offered 5 years to the reduced charge of Manslaughter. The defendant, the victim's wife, has been in the county jail or two and half years so she is parole eligible now.
    • The victim was found unconscious in the driver’s seat of a vehicle with a gunshot wound to the abdomen.  The defendant was in the vehicle at the time and allegedly told police a man approached the truck, shooting the victim and causing the truck to crash. Police said surveillance footage showed no one approached the truck before it crashed.
    • The defendant and the victim knew each other four days before they were married.
    • A special prosecutor had to be brought in because of a possible conflict of interest: (1) The defendant had been a witness "as a victim" in some prior undescribed case and, amazingly, (2) the DA's office had previously prosecuted the victim for "murder [where he] argued self-defense. After a mistrial due to a hung jury, he pleaded guilty to criminally negligent homicide and received a two-year sentence."
    • But, wait, there's more! The defendant "was on probation when she was arrested . . . .  [She] received an adjudicated sentence from a Bay County, Florida, judge for one count of deadly conduct and one count of making a false report of sexual battery involving a law enforcement officer."  That probation may now be revoked. 
    • The defense lawyer was Caroline Simone. The special prosecutor was Kailey Gillman from Collin County,
Posted (edited)

Husband admits adding cocaine, MDMA to wife's Cokes in hopes he would marry her daughter

An Indiana man admitted to putting a poisonous "off-white powdery substance" into his wife's Coca-Cola so he could kill her and marry her daughter, according to state court records.

Alfred Ruf, 71, pleaded guilty to aggravated battery in July for trying to poison his wife. He was sentenced on Monday to four years in prison and five years of probation, Indiana court records show.

Ruf told officers in January 2022 that he had been "spiking" his wife's drinks over the last few months with a substance given to him by his wife's daughter, according to a probable cause affidavit obtained by USA TODAY.

Ruf's wife, who called the Wayne County Sheriff's Department and told them about her husband's actions, gave the responding deputy a pill bottle that contained the unknown powdery substance, the affidavit says. She also gave the deputy a Coca-Cola aluminum can that she drank and cut open. At the bottom of the can was an "off-white residue," the document continued.

Another deputy took Ruf's wife to a hospital where she tested positive for having MDMA, cocaine and Benzodiazepines (Benzo's) in her blood and urine, according to the affidavit. She denied using the drugs, the document says.

"Once the state changed the nature of the offense, he took responsibility for what he did wrong," John Lawrence Tompkins, Ruf's defense attorney, told USA TODAY on Tuesday. "That's the appropriate thing to do."

When deputies interviewed a then-69-year-old Ruf at the sheriff's office in January 2022, he told them that he was sexually involved with his wife's 31-year-old daughter from a previous marriage, the affidavit says. He then explained that his wife's daughter gave him the pill bottle with the powdery substance in September 2021 and instructed him to put it in her mother's drink, the court document continued.

Ruf was the only person charged in connection with the crimes.

Ruf told the deputies that the drug cocktail would make his wife go to sleep for "13 hours or so," the affidavit says. He also confessed that he put the drugs in the drink to "eventually kill (her)," according to the document.

The daughter and her female friend would call and tell Ruf to give the drugs to his wife, he told the deputies, per the affidavit.

"Alfred would then sprinkle some of the white powder in (his wife's) Coca-Cola can and then wait for her to fall asleep," the affidavit says. "(The women) would then come to Alfred's residence and put more of an unknown substance in (Ruf's wife's) drink and have her drink it."

Once Ruf's wife was asleep, her daughter and her daughter's friend would put on a "show" for Ruf, according to the affidavit. The show involved the two women putting on Ruf's wife's negligees and then performing "sex acts on each other," the court document continues.

Ruf also told authorities that while he was having sex with his wife's daughter or her friend, one of the women would steal some of his wife's personal items. He also admitted to paying the women to perform sex acts, the affidavit says.

The victim's daughter told Ruf she wanted to "get mom out of the picture" once she found out they were selling their home, according to the affidavit. The victim's daughter also mentioned a life insurance policy to Ruf that her mother had in place, the court document says.


Ruf confirmed to deputies that he gave his wife the powdery substance 12 times from September through December 2021, the affidavit says. He also told deputies the victim's daughter said she and Ruf would get married after they "took care" of his wife, according to the court filing.

Although Ruf acknowledged that he knew the drugs would eventually kill his wife, he also said he gave her the substance just so her daughter and her daughter's friend could come over and have sex with him, according to the affidavit.

Ruf came clean to his wife because he "felt bad," he told deputies, per the affidavit.

The last line is why I know it wasn't anybody from here.

Edited by RPM

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