KEITH ARNOLD, Daily Reporter Staff Writer
A Franklin County appellate panel was unable to conclude that the Franklin County Municipal Court's determination in a breach of contract suit between a specialty home-cleaning service and the next of kin of a Grove City man who died in his home was against the manifest weight of the evidence in a recent decision.
"Upon our review of the record, we find no error in the trial court's determination that an enforceable contract existed between the parties," 10th District Court of Appeals Judge Patrick McGrath wrote for the 3-0 court.
The appellate court's holding overruled Nancy Buffington's claim that the trial court was mistaken to find that the contract between her and the cleaning service was enforceable and, therefore, obligated the woman to utilize the company's services per the agreed terms.
Buffington's father died in his home on Nov. 10, 2005, case summary provided. The man's body was discovered one-and-a-half to two days after his death. Approximately one week later, the personal belongings were removed from the home and it was listed for sale.
On Jan. 14, 2006, Buffington contracted for the services of Aftermath Inc., which provides biological remediation and cleanup services. According to the contract, the woman agreed to pay for cleanup services concerning an unattended death in the Grove City home.
Aftermath's complaint alleged that after the firm rendered services, appellant refused to pay the amount due under the contract. After a trial to the bench, the trial court concluded that a valid written contract existed between the parties and that the company was entitled to payment for the services rendered in accordance with the contract. The court awarded damages in the amount of $6,189.36 to Aftermath.
The panel noted Buffington signed both a site cleanup agreement and a fee agreement for non-insurance-related jobs. Additionally, the court rejected the woman's claim there existed no evidence that she understood or agreed to biological remediation of her father's home.
"... As noted by the trial court, appellant's stated failure to read the documents prior to signing them is of no consequence as it is well-established that the failure to read the terms of a contract is not a valid defense to enforcement of the contract," as in Haller v. Borror Corp. (1990), 50 Ohio St.3d 10, 14.
"Further, appellant's argument that she was 'mistaken' equally fails because 'relief for a unilateral mistake of material fact will not be provided where such mistake is the result of the negligence of the party seeking relief,'" as in Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477, and Marshall v. Beach (2001), 143 Ohio App.3d 432, 437.
Fellow 10th District Judge Susan Brown and John Connor joined McGrath to form the majority.
The case is cited as Aftermath Inc. v. Buffington, 2010-Ohio-19.
Date Published: January 19, 2010
Wednesday, January 27, 2010
Tuesday, January 19, 2010
Haiti Relief Mission - Update 01-18-2010
A team of twenty from H.E.A.R.T. 9/11 will be responding to take part in the relief effort in earthquake-ravaged Haiti on Wednesday, January 20, 2010. They will land in Santo Domingo and use that as a jumping off point to Haiti. Our members will join in the herculean task of helping that devastated country. They have medical supplies and expertise that are so badly needed in this decimated area.
We have received a tremendous response from our members to our request for participation in a relief mission. The first deployment will see a team of twenty volunteers from H.E.A.R.T. 9/11 evaluate the situation and, if need be, more relief missions will be planned.
Our thanks go out to all and we ask for your continued support and prayers. H.E.A.R.T. 9/11 will be able to help those in need because we have received tremendous support and funding from the benevolence of Jefferies & Company (Jefferies is an independent, full-service securities and investment banking firm serving companies and their investors globally. Check out this article from their website at: Jefferies - Haiti Relief News Story). We thank them as well.
Hopefully, there will be updates from wherever the team is and we ask that you will go to our website at: www.HEART911.org
The owner of Bio-Recovery Corporation, Ron Gospodarski will be amongest this group of twenty police, firefighter and paramedics. We wish them Godspeed in there endeavors.
We have received a tremendous response from our members to our request for participation in a relief mission. The first deployment will see a team of twenty volunteers from H.E.A.R.T. 9/11 evaluate the situation and, if need be, more relief missions will be planned.
Our thanks go out to all and we ask for your continued support and prayers. H.E.A.R.T. 9/11 will be able to help those in need because we have received tremendous support and funding from the benevolence of Jefferies & Company (Jefferies is an independent, full-service securities and investment banking firm serving companies and their investors globally. Check out this article from their website at: Jefferies - Haiti Relief News Story). We thank them as well.
Hopefully, there will be updates from wherever the team is and we ask that you will go to our website at: www.HEART911.org
The owner of Bio-Recovery Corporation, Ron Gospodarski will be amongest this group of twenty police, firefighter and paramedics. We wish them Godspeed in there endeavors.
Friday, January 15, 2010
US Army suicides hit grim record for 2009
AFP) – 1 hour ago
WASHINGTON — Suicides in the US Army rose to a new record in 2009, with 160 soldiers taking their lives, the military said Friday, calling it a "painful year."
Army leaders had warned that the suicide rate was on track to surpass last year's toll of 140, but said the causes of the spike remain unclear.
"There's no question that 2009 was a painful year for the army when it came to suicides," said Colonel Christopher Philbrick, deputy director of an army suicide prevention task force.
Ten suspected cases of suicide in December for active-duty soldiers brought the total number for last year to 160, the Pentagon said in a statement.
The army has come under severe strain from years of war in Iraq and Afghanistan, with officers citing repeated deployments and the stress of combat as fuelling an increase in depression and marital problems.
But the grim toll of suicides was not necessarily triggered by repeated combat tours in Afghanistan and Iraq, according to the military's own research.
The causes appeared to vary from base to base and about one-third of the soldiers who committed suicide had not yet deployed to combat missions in Afghanistan or Iraq, officials say.
Top military leaders, including the chairman of the Joint Chiefs of Staff, Admiral Mike Mullen, have appealed to officers to ensure soldiers who need psychological help do not face ridicule or risk to their careers.
The army has adopted a range of initiatives to try to contain the problem, hiring hundreds of mental health specialists and launching an elaborate scientific research project to try to understand the trend.
Officials have also expressed concern about suicides among veterans and among military spouses and family members.
Admiral Mullen's wife, Deborah Mullen, told a conference this week that more needed to be done to monitor suicides of spouses and members of military families, something the Pentagon does not track precisely.
Often the spouses of service members are reluctant to seek help as they fear it could damage their loved one's career prospects, she said.
WASHINGTON — Suicides in the US Army rose to a new record in 2009, with 160 soldiers taking their lives, the military said Friday, calling it a "painful year."
Army leaders had warned that the suicide rate was on track to surpass last year's toll of 140, but said the causes of the spike remain unclear.
"There's no question that 2009 was a painful year for the army when it came to suicides," said Colonel Christopher Philbrick, deputy director of an army suicide prevention task force.
Ten suspected cases of suicide in December for active-duty soldiers brought the total number for last year to 160, the Pentagon said in a statement.
The army has come under severe strain from years of war in Iraq and Afghanistan, with officers citing repeated deployments and the stress of combat as fuelling an increase in depression and marital problems.
But the grim toll of suicides was not necessarily triggered by repeated combat tours in Afghanistan and Iraq, according to the military's own research.
The causes appeared to vary from base to base and about one-third of the soldiers who committed suicide had not yet deployed to combat missions in Afghanistan or Iraq, officials say.
Top military leaders, including the chairman of the Joint Chiefs of Staff, Admiral Mike Mullen, have appealed to officers to ensure soldiers who need psychological help do not face ridicule or risk to their careers.
The army has adopted a range of initiatives to try to contain the problem, hiring hundreds of mental health specialists and launching an elaborate scientific research project to try to understand the trend.
Officials have also expressed concern about suicides among veterans and among military spouses and family members.
Admiral Mullen's wife, Deborah Mullen, told a conference this week that more needed to be done to monitor suicides of spouses and members of military families, something the Pentagon does not track precisely.
Often the spouses of service members are reluctant to seek help as they fear it could damage their loved one's career prospects, she said.
Tuesday, January 12, 2010
Teen Suicide Risk Factors: Parents Are Too Often Clueless
By Nancy Shute
Suicide is the third leading cause of death among teenagers, and it's a tragedy that can be prevented. Given that almost 15 percent of high school students say they've seriously considered suicide in the past year, parents and friends need to know how to recognize when a teenager is in trouble and how to help.
Parents can be clueless when it comes to recognizing suicide risk factors, or at least more clueless than teens. In a new survey of teenagers and parents in Chicago and in the Kansas City, Kan., area, which appears online in Pediatrics, both parents and teenagers said that teen suicide was a problem, but not in their community. Alas, teen suicide is a universal problem; no area is immune.
The teenagers correctly said that drug and alcohol use was a big risk factor for suicide, with some even noting that drinking and drug use could be a form of self-medication or self-harm. By contrast, many of the parents shrugged off substance abuse as acceptable adolescent behavior. As one parent told the researchers: "Some parents smoke pot with their kids or allow their kids to drink."
Both teenagers and parents said that guns should be kept away from a suicidal teen. But since parents said they didn't think they could determine when a teenager was suicidal, parents should routinely lock up firearms, the researchers suggest. That makes sense. Firearms are used in 43.1 percent of teen suicides, according to 2006 data, while suffocation or hanging accounts for 44.9 percent.
The good news: Both parents and teenagers in this small survey (66 teenagers and 30 parents) said they'd like more help learning how to know when someone is at risk of committing suicide and what to do. Schools and pediatricians should be able to help, but we can all become better educated through reliable resources on the Web. These authoritative sites list typical signs of suicide risk, and they also provide questions a parent or a friend can ask a teenager to find out if he is considering killing himself. Here are good places to start:
The American Academy of Child and Adolescent Psychiatry lists signs and symptoms of suicidal thinking, such as saying things like "I won't be a problem for you much longer."
The American Academy of Pediatrics urges parents to ask the child directly about suicide. "Getting the word out in the open may help your teenager think someone has heard his cries for help."
The National Suicide Prevention Lifeline provides free advice to someone considering suicide, as well as to friends and relatives, at 800-273-TALK.
The National Alliance on Mental Illness's teenage suicide page makes the point that talking with someone about suicide will not "give them the idea." "Bringing up the question of suicide and discussing it without showing shock or disapproval is one of the most helpful things you can do," the NAMI site says. "This openness shows that you are taking the individual seriously and responding to the severity of his or her distress."
Suicide is the third leading cause of death among teenagers, and it's a tragedy that can be prevented. Given that almost 15 percent of high school students say they've seriously considered suicide in the past year, parents and friends need to know how to recognize when a teenager is in trouble and how to help.
Parents can be clueless when it comes to recognizing suicide risk factors, or at least more clueless than teens. In a new survey of teenagers and parents in Chicago and in the Kansas City, Kan., area, which appears online in Pediatrics, both parents and teenagers said that teen suicide was a problem, but not in their community. Alas, teen suicide is a universal problem; no area is immune.
The teenagers correctly said that drug and alcohol use was a big risk factor for suicide, with some even noting that drinking and drug use could be a form of self-medication or self-harm. By contrast, many of the parents shrugged off substance abuse as acceptable adolescent behavior. As one parent told the researchers: "Some parents smoke pot with their kids or allow their kids to drink."
Both teenagers and parents said that guns should be kept away from a suicidal teen. But since parents said they didn't think they could determine when a teenager was suicidal, parents should routinely lock up firearms, the researchers suggest. That makes sense. Firearms are used in 43.1 percent of teen suicides, according to 2006 data, while suffocation or hanging accounts for 44.9 percent.
The good news: Both parents and teenagers in this small survey (66 teenagers and 30 parents) said they'd like more help learning how to know when someone is at risk of committing suicide and what to do. Schools and pediatricians should be able to help, but we can all become better educated through reliable resources on the Web. These authoritative sites list typical signs of suicide risk, and they also provide questions a parent or a friend can ask a teenager to find out if he is considering killing himself. Here are good places to start:
The American Academy of Child and Adolescent Psychiatry lists signs and symptoms of suicidal thinking, such as saying things like "I won't be a problem for you much longer."
The American Academy of Pediatrics urges parents to ask the child directly about suicide. "Getting the word out in the open may help your teenager think someone has heard his cries for help."
The National Suicide Prevention Lifeline provides free advice to someone considering suicide, as well as to friends and relatives, at 800-273-TALK.
The National Alliance on Mental Illness's teenage suicide page makes the point that talking with someone about suicide will not "give them the idea." "Bringing up the question of suicide and discussing it without showing shock or disapproval is one of the most helpful things you can do," the NAMI site says. "This openness shows that you are taking the individual seriously and responding to the severity of his or her distress."
Friday, January 1, 2010
Teen depression and suicide risk linked to late bedtimes and chronic sleep deprivation
A report from the Jan. 1, 2010 issue of the journal Sleep found a surprising link between the typically late bedtimes of teenagers and teen depression and suicide.
Parent-set bedtimes affect teen's mental state
Adolescents with parent-set bedtimes after midnight had a 24% increased incidence of depression and a 20% increase in suicidal thoughts compared to teens with a bedtime before 10 pm.
Most of the teens in the study reported adhering to the bedtimes their parents set for them, showing that it's up to parents to give appropriate guidelines for avoiding sleep deprivation.
Length of Sleep Matters for Adolescents
The length of sleep matters, too, according to the researchers. Teenagers who reported getting less than five hours of sleep a night had a 71% higher risk of depression and a 48% higher risk of suicidal thoughts than adolescents who got 8 hours or more of sleep.
The AASM (The American Academy of Sleep Medicine) recommends nine or more hours of sleep a night for adolescents.
The study was conducted by James E. Gangwisch, PhD, assistant professor at Columbia University Medical Center in New York, N.Y and colleagues and looked at over 15,000 teenagers' sleep habits and mental states. The teens in the study ranged from 12-17 years old.
Other studies indicate more benefits from increased teen sleep.
In previous studies, shorter sleep durations in children and teens have been linked to higher rates of obesity, school performance and general social well-being. And adolescents who don't get enough sleep due to insomnia are far more likely to develop mental health problems, including substance abuse.
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