Appeals panel agrees that failure to read document doesn't null contract

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

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.

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.

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."

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.

Crime Scene Leftovers Pose Problem For Sanitation

Call it the Case of the Bloody Mattress.

City sanitation workers in southwestern Kentucky were recently left with the problem of how to dispose of a bloody mattress put out with the trash.

The mattress came from a home where police say a 37-year-old man appears to have died from self-inflicted stab wounds. The problem came when trash collectors realized they couldn't pick up a potential biohazard, but didn't want to leave it by the side of the road in a residential neighborhood in Hopkinsville.

"This was an area of concern for us because blood is considered a biohazard and not only can our trash trucks not pick it up, but it could be dangerous for people in the community," said George Hampton, a route supervisor for Hopkinsville Solid Waste Authority.

The Kentucky New Era reports that the mattress disappeared by midweek, but sanitation officials didn't take it and were still trying to make sure it was properly disposed of. The location of the mattress remained a mystery at week's end.

Hopkinsville sanitation workers received an anonymous call reporting a mattress, possibly covered in blood, that had been set on a curb outside of a home. That was the concern of the anonymous caller, Hampton said, who said children in the neighborhood could start to play on the mattress and come into contact with the dried blood that might have diseases.

Because there was blood on the mattress, sanitation workers couldn't haul it off with the rest of the trash.

"It raises a question for us about where we take it from here," Hampton said. "Someone has to clean up messes like these and we can't do it."

Solid Waste Superintendent Bill Bailey said sanitation workers aren't allowed to pick up possible biohazards, including blood, from the side of the road. Instead, Bailey said, the department needs to call other landfills to see who will pick up and take the items.

"Sometimes we can process and wrap it in plastic and dispose of it that way. But other times we have to contact a company that deals with disposing of medical waste."

Charlotte Write, a spokeswoman for Stericycle, a national company that specializes in medical waste disposal, said medical waste is generally burned to kill pathogens that can live in dried blood.

"It is important to dispose of all medical waste, especially waste that comes from the body, so as not to spread diseases," Write said.

Hopkinsville Police Chief Guy Howie said the families must clean up the scene of a murder or suicide or pay to have it done.

"It doesn't sound very friendly, I know, but that's just how it has to be handled," Howie said. "Someone has to clean it up and someone has to dispose of all of this, it's just a matter of figuring out who. It's amazing that just one mattress on a curb can raise so many questions."

Someone solved sanitation's problem by taking the mattress from in front of the home. Bailey said sanitation workers didn't remove it, but finding out what became of the mattress is important. It had to be properly sterilized and disposed of.

"We can't just stick it in our landfill and be done with it," Bailey said. "Whether it's on that curb or not, it's still hazardous material."

Traumatic Grief

By Nancy Crump

Since the late 1980’s, we have seen an increase in interest and research on the effects of trauma on the grief process. We have learned that the grief process from the sudden, unexpected, and often violent deaths of suicide, homicide, auto accidents, natural disasters, and other types of deaths, is very different from the grief process of those who have died from natural causes, old age, or long-termed illness. Many, if not all, of the deaths faced by Bio Technicians fall into the category of traumatic. Those family members who hire you have usually been touched by the trauma of the death. Understanding the traumatic grief process and its differences from other types of grief may be of some help to you as you deal with these family members.

There are several key elements that make the responses by family members to a traumatic death difficult. First is the suddenness of the death. Family members usually did not have time to prepare themselves for the death and to make the psychological adjustments to cope with the news of the death. Also, the suddenness of the death does not give the family an opportunity to say goodbye to the victim before their death. Second, the violence of the death may leave the family with horrific memories and nightmares that often interfere with the grief process. Third, many of these types of deaths require police intervention and the family is often not given the support, information, and compassion they need at the time. Another element can be the presence of the media at the time of the death, as well as weeks and months later if legal issues follow the death. Most traumatic deaths involve young people who’s parents, grandparents, and siblings may still live. Certainly, the death of a child or young person is very difficult to cope with.

Reactions to a traumatic death can be very different, more intense, and longer lasting than other types of death. The emotions following a traumatic death are often conflicting and intense. There is a tendency to relive the death event over and over in an attempt to make it real. Intrusive thoughts and nightmares are very common. Intense physical responses such as inability to eat or sleep, stomach aches and headaches, muscle tension, high blood pressure and a decrease in the autoimmune system are also common. Many times, the survivors must deal with intense feelings of guilt or remorse, feeling that they were somehow responsible or could have prevented the death “if only”. Family members have the need to tell the story of the death over and over again in an attempt to gain a sense of the reality of the death. They often have an overwhelming need to learn all they can about the circumstances of the death - how the person died, whether they were in pain, did they know they were dying, what were their last words, who saw what happened, and in cases of homicide, who committed the murder. All of these reactions are ways the survivors use to grasp the reality of the death and to begin the grief process.

As Bio Technicians, you are often called by family members or meet them upon arrival to the scene. Understanding some of the dynamics of trauma on the grief process may help as you help the family. Understanding the “normalcy” of the reactions you may see can help you feel more competent and assured to speak with family members without wondering whether or not you are saying the “right” thing. Some suggestions are listed below, but the most important thing is to convey sincerity and compassion to the family. They are very vulnerable and sensitive to words, expressions, and body language. Just make sure that what you say and do is congruent with how you feel or you will come across as insincere and uncaring.

Soon after a traumatic death, most survivors simply need to tell the story to anyone who will listen. It is important for their recovery to be able to do this. If you have time to listen, do so. They are not necessarily looking for any input from you; they just need someone to listen.

Remember that there are two basic rules for grieving people – you don’t hurt yourself or someone else. If, during the conversation, you hear comments that indicate the person is thinking of either, you might suggest they go talk to someone else before making a decision to do something like this. Create a list of counselors, therapists, or mental health centers to hand out at times like these. Take comments about thoughts of suicide seriously and offer to call a friend or family member to be with the person and get them help. Suicide rates often increase after a sudden, traumatic death of a loved one. These are very difficult situations for you as a caregiver, but you need to set limits as to what you can and cannot do. Listening and having resources available are all you need. The survivor needs to take some responsibility for them, and others who are better trained to handle these situations need to be contacted.

Although many reactions may look and feel “crazy”, most are normal reactions to the situation. Again, as long as they don’t hurt themselves or someone else, they are probably reacting normally to an abnormal situation. Helping normalize these reactions is very helpful to the survivor. Encouraging the survivor to talk and to express what they are experiencing is also helpful. Making a simple statement such as, “I think I’d feel the same way if this happened to me”, helps the survivor feel less out of control.

There are many support groups available to survivors that would make a good resource for them. Creating a list of those in your community or in nearby communities is a great gift for survivors. They may not want to attend a support group, but usually someone from the group is always willing to talk to them by telephone or offer assistance.

In the work you do, you may find yourself in situations of dealing with survivors who have needs you do not feel comfortable or competent in dealing with. That’s okay as it is not your responsibility to be all things to all people. However, there are these simple steps you can take to help your families in a meaningful way. You can listen. You can refer. You can offer resources. Having some general knowledge of the traumatic grief process may make you feel more competent in dealing with your families and knowing that you are being supportive and helpful in a meaningful way.

Below are some national organizations that offer support groups in almost every locality. They are specific to either the type of death or the relationship to the person who died and are more appropriate to traumatic deaths. They all have web sites or central telephone numbers that can be contacted for local information.

The Compassionate Friends – for parents’ whose child has died of any cause.
MADD – Mothers Against Drunk Drivers offer support for parents who a drunk driver killed child
Widowed Persons Service – sponsored by AARP for spousal death
SOS – Survivors of Suicide support groups
POMC – Parents of Murdered Children and other victims of homicide.

These and many other groups may be listed at your county’s Victim Assistance Office usually located in the office of the District Attorney. Also, check with your local hospices or hospitals. They offer support groups that are open to the public. Some local churches may also host support groups. As you create your list, don’t try to keep up with the dates and times of group meetings as they change frequently. All you need is the name of the group, a telephone number, and possibly a contact person. Leave it to the survivors to take the responsibility to make the calls on their own behalf.

RELEASE: Statement from Town and Gown Players

ATHENS (MyFOX ATLANTA) - The three people we lost yesterday were a part of the rich 50-year history of this theater and, more than that, were vital members of the Town and Gown family.

Ben Teague, loving husband of UGA's Dr. Fran Teague for more than 40 years, was not only a friend but also a father figure to all at the theater. One would be hard pressed to find a Town and Gowner who had not learned at least one life lesson from this wise and kind hearted man. His wife wishes to say, "Yesterday Ben was murdered, which is hard to comprehend and impossible to accept. It was a beautiful day, however, and he was in his favorite place with the people he loved." Ben was a translator of German, Russian and English.

Marie Bruce was the binding force that held the Town and Gown community together. Having worked with Town and Gown for over 20 years, at one time or another she served in every capacity at the theater, artistically and administratively, from leading lady to president of the board to chief cook and bottle washer. A local attorney, Marie was the mother of two young children.

A gentle presence, Tom Tanner breathed life into every corner of Town and Gown through his quiet diligence and astounding creativity - most would call him genius. Father of an equally amazing daughter, Tom would tell you that while he enjoyed his work as director of the Regional Dynamics Economic Modeling Laboratory at Clemson University, his heart lived and thrived in the theater.

Ben, Marie and Tom were a part of our family, and as painful as their loss is for us, we know it is even more painful for their families. We want to extend our deepest sympathy to their immediate family and close friends outside the theater community. There are no words we can use to adequately express our grief.

We would like to thank the Athens Police department and the media for their respectful treatment of this tragedy. We want to thank the American Bio Recovery Association and A1 BIO-Clean Service for the generous donation of their services in our time of need. We also want to thank the Athens Community for their support. This tragedy effects everyone in the community in some way, and we know you share in our loss. We ask that the media continue to be respectful of our privacy during this difficult time.

Custodian’s stress-disorder suit restored

Meghann M. Cuniff / Staff writer

A custodian who sued her school district after being forced to clean up the bloody scene of a student’s suicide had her lawsuit reinstated Tuesday by the Washington Court of Appeals.

Debbie Rothwell, who still works at Lakeside High School in Nine Mile Falls, suffers from post-traumatic stress disorder, according to a lawsuit filed in May 2007 by her lawyer, William Powell, of Spokane. The 16-year-old student shot himself in the head inside the school’s main entrance in 2004. The lawsuit was dismissed in January 2008 by Spokane County Superior Court Judge Greg Sypolt, who ruled the incident was covered by the Industrial Insurance Act.

But the Court of Appeals, in a 2-1 ruling, disagreed and reinstated the suit.

“There are people who do clean up the mess after one of these horrible murders or suicides happen,” Powell said Tuesday, referring to private professionals. “But the superintendent in this case chose not to do that. He should have known better.”

Along with former Superintendent Michael Green, now superintendent of the Woodland School District in Western Washington, the lawsuit names the Nine Miles Falls School District, Stevens County Sheriff Craig Thayer, two sheriff’s detectives and an unidentified man as defendants.

None was available for comment. Like most civil suits in Washington, the complaint seeks unspecified damages.

Rothwell’s complaints center around her task of cleaning up the suicide scene, then being asked to move a backpack she later learned belonged to the victim and contained a suspicious device that authorities detonated using a robot.

She stayed at work until after 4 a.m., cleaning the mess of blood, brain and bone alone, becoming “emotionally distraught and physically ill” before returning to the school less than four hours later at Green’s orders to serve cookies and coffee to grieving students and keep the media from the school, according to the suit.

At issue in the court decisions was whether Rothwell’s claim of post-traumatic stress disorder fell under the industrial injury act, which prohibits lawsuits based on industry injury or occupational disease.

Judges John A. Schultheis and Dennis J. Sweeney ruled it didn’t because it wasn’t the result of one work order. Her trauma grew over several days, according to their written opinion. Judge Teresa C. Kulik dissented.