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FISHRGAME
_____________
Feature
Stories -
082005-08
/ Week tviNews
Convergence
TOP STORIES CONVERGING INTO THE - Week of
February
19
LOS ANGELES COUNTY SUPERIOR
COURT JUDGE RULES IN FAVOR OF WOMAN IN A $6M
LANDMARK TOXIC MOLD CASE.
•
• (Los Angles,
Ca)&emdash;On February 16, 2005, Judge Warren
Ettinger, Los Angeles Superior Court, ruled in the
case of Dee v PCS, that Dr. Juan Manuel Gutierrez,
Ph.D., a Board Certified neuropsychologist, may
offer his expert opinion that Plaintiffs exposure
to toxic mold was the cause of a Plaintiff's
permanent brain injury.
•
• Miss Darcee Dee, the
plaintiff, was a former resident of Mammoth Park
Towers in Sherman Oaks, California, owned by
PCS
Property Management LLP., whose principle is a
telecommunications magnate, Joe Fryzer. She offered
writen proof that defendants, falsely advertised
their real estate as, "Luxury Apartment Homes,
Completely Renovated" -- has filed for damages in a
suit in Los Angeles Superior
Court.
•
• Westlake Village,
California Attorney Scott B. Whitenack, Esq. is the
popular published trial lawyer on the issues of RE
Broker Frauds.
•
• Mr. Whitenack states
that his client contends -- "she never got to enjoy
the "better living, better life" as represented by
PCS. Instead, he contended, what she got was
permanent brain injuries from her exposure to toxic
mold while residing at the "Luxury Mammoth Pak
Towers."
•
• The
defendants PCS Property Management LLP and 8611
Venice Blvd. Corp are either owned directly or
indirectly by another LLP -- whose principle is,
Joe Fryzer. The defendants own and manage 40 other
high end luxury apartment buildings in Beverly
Hills and Los Angeles, promoted with the motto: "We
don't just say it, we mean it. Better Living Better
Life".
•
• Plaintiff attorney,
Scott B. Whitenack, said the evidence proves that
PCS failed to move Ms. Dee from the apartment even
after PCS was told to do so by their own Vice
President. It also proves that the ultimate
decision to leave Ms. Dee unaware and in a
dangerously contaminated environment was made by
Paul Jennings.
•
• Mr. Jennings is the
co-owner and COO of PCS and affiliated entities.
Mr. Whitenack went on to state that Ms. Dee was
seeking punitive damages to punish the defendants
for willful misconduct, in addition to her claim
for personal injury. The total amount of the claim
is over $6,000,000.00. In a precedent-setting
decision, Mr. Whitenack stated that an important
victory was won (for all US citizens) by the
Court's ruling that Dr. Gutierrez, Ph.D. was
qualified as an expert to testify that the cause of
Ms. Dee's brain injury stemmed from her exposure to
toxic mold.
•
• PCS Corp. has
admitted that toxic mold was found in Ms. Dee's
apartment.** PCS employee, Karen Mackie-Thaler,
then ordered the maintenance supervisor to open the
walls for "Destructive Testing" while Ms. Dee was
still living in the apartment. The notorious
Stachybotrys specie and other toxic molds harmful
to Ms. Dee's health were found to be rampant.
Equally disturbing, PCS and Karen Mackie-Thaler
represented to Ms. Dee that the May 14, 2001 mold
tests were inconclusive and further testing was
needed. In reality, PCS and Karen Mackie-Thaler
intentionally concealed from Ms. Dee the findings
of Stachybotrys and other toxic molds at the
subject property and never bothered to establish
whether the destructive testing would be harmful to
Ms. Dee's health. There is also proof that PCS and
Karen Mackie-Thaler concealed from Ms. Dee further
destructive testing was scheduled for June 1,
2001.
•
• "During preliminary
motions by insurance defense firms, they seek to
deny the opinions of Plaintiffs' expert witnesses,
thus preventing any testimony by the experts as to
causation. The purpose of this maneuver is to
defeat claims and reduce the amount of monies
insurance companies have to pay, " said Mr.
Whitenack." In my experience with mold cases, I
have found that the defense expert's witnesses base
their opinions on medical studies or position
papers prepared or sponsored by quasi insurance
defense funded organizations, that have
intentionally failed to include a cross-section of
the hundreds -- if not thousands -- of medical
studies that support the complete opposite
conclusions."
•
• Prior to this case,
showing a direct causal connection between the
exposure to toxic mold and the resultant injuries
of victims has been a sticking point in numerous
past cases. For those affected, the tangled web of
claims procedures can be a nightmare in itself.
Plaintiffs are required to submit to the
"independent medical exam (IME)" performed by the
physician of the defendant's choice. This is true
in both personal injury and workman compensation
claim proceedings. Plaintiffs are then faced with
the one sided, predetermined opinion: that their
injuries were not caused by exposure to the mold.
Independent analysts have noted that the position
of the defense hinge almost exclusively on the
findings of two studies: The Institute Of
Medicine's, "Damp Indoor Spaces and Health" dated
May 25, 2004 (IOM report) or the American College
of Occupational and Environmental Medicine Position
Paper released in 2002, (ACOEM report) or both.
•
• The IOM report
recently came under fire in an earlier Press
Release of January 27, 2005, entitled "Surgeon
General's Office Issues Conflicting Message on
"Toxic Mold". The (IOM Report) "failed to convey
that the study was only charged to investigate
allergic and non-infectious respiratory symptoms of
fungal exposure, and that their findings never
included examination of other serious symptoms."
The (IOM) study was sponsored at the request of the
CDC after much public debate on the issue. The
study was widely quoted in the popular press and
has since been used in defense litigation in a case
in Arizona where a woman was reported to have
experienced severe injuries from mold exposure in a
Phoenix apartment.
•
• Mr. Whitenack further
said that Dr. Gary Ordog, M.D. will testify on
February 22, 2005 at 9 a.m. in Department "19" of
the downtown Los Angeles Superior Court. The court
will determine at the request of the defense, if
Dr. Ordog will qualify as an expert toxicologist
and if he will be permitted to testify at time of
trial. Dr. Ordog is the medical director of the
only independent Medical Toxicology program in
California. His office of Medical Toxicology
currently sees more patients than any other in the
country with the diagnosis of toxicity. He is
currently the only facility in the county -- other
than the military -- that offers a full diagnostic
and treatment facility for those suffering from
mold exposure. Dr. Ordog has recently come under
much attack from the insurance defense industry, as
he is one of several in the country that have been
permitted to testify at hearings or in trials as to
toxic mold claims.
•
• Mr. Whitenack finally
stated that the insurance defense firms in this
case would follow their same plan and scheme, and
call their retained expert, Dr. Marion Fedoruk,
M.D. on February 24. Dr. Fedoruk is expected to
testify consistent with his declaration -- that
Plaintiff's injuries were not caused by the
exposure of toxic mold -- again basing his opinions
on the 2 controversial reports: (IOM report) and
(ACOEM report).
•
• The 20-30 day jury
trial is set to start on February 28, 2005 with the
selection of jurors.
•
• For More Information,
Contact:
•
• Scott B. Whitenack,
Esq.
•
• Law Offices of Scott
B. Whitenack
•
• 1014 S. Westlake
Blvd. #14-104
•
• Westlake Village, Ca
91361
•
• (805) 495-6818 or
(805) 768-1086
•
• Fax (805)
768-1355
•
• E-mail:
scottw@smartlegaladvice.com
•
• Or e-mail:
scottesq@adelphia.net
•
• Web:
www.smartlegaladvice.com
<http://www.smartlegaladvice.com/>
•
• Edited By:
•
• Jonathan Lee
Wright
•
•
Jonathan1@amingo.net
•
• And Sharon Kramer
SNK1955@aol.com
///
• •
------------------------------------------------------------------------
NEWS
CONVERGENCE
///
Center
Page / Feature
NEWS CONVERGENCE
Feature
TIMELINE: Top Stories To
Start The Week With:
#108MurdochNet$$DVDSales
Rupert Murdoch's News Corp.'s Net Income Soars on
DVD Sales
• • Rupert Murdoch, during a
conference call with investors, News Corp. Chairman
Rupert Murdoch said he expected to reach an
agreement within nine months that would reduce
Liberty Media Corp.'s 18% voting stake to a level
less threatening to his family's control. Murdoch
and his family own about 30% of News
Corp.
• • "We haven't had any
substantial talks yet," Murdoch
said.
• • The company's cable
channels also boost profit despite wider operating
losses at its Fox television
network.
• • Despite the poor
performance of its Fox television network last
fall, News Corp.'s quarterly profit rose 80% on
strong DVD sales and continuing strength of cable
channels such as Fox News Channel.
• • The company reported
Wednesday that its net income rose to $386 million
during its fiscal second quarter, which ended Dec.
31, or 13 cents a share -- up from $215 million, or
8 cents, in the same period a year ago. Revenue was
up 18% to $6.56 billion.
• • The company projected
that operating profit for fiscal 2005 would
increase by as much as 20%, up from a previous
growth forecast that was in the mid- to high
teens.
• • News Corp.'s biggest
weaknesses during the quarter were the Fox
television network and Sky Italia, its Italian
satellite TV service. Operating losses at Sky
Italia rose to $105 million, from $104 million a
year earlier.
• • At the Fox TV network,
operating losses widened by $26 million to $153
million for the quarter, as programming costs
increased, prime-time ratings fell and local
advertising sales at its TV stations were weak.
News Corp. executives blamed the network's
continuing problem on disruption of its fall
prime-time launch caused by its airing of
professional baseball
games.
• • Yet News Corp. President
Peter Chernin predicted that Fox would end the
season in a battle with CBS for first place in the
ratings for young adults because of the continued
dominance of returning shows such as "American
Idol" and "24," and the promise of new programs
such as "House."
• • On a brighter note, News
Corp.'s film division was the quarter's star
performer. Home video sales doubled in the period
to $1.2 billion from a year earlier, giving News
Corp. the highest profit margins in the film
business, at 20%, analysts said.
• • Twentieth Century Fox
Television posted strong DVD sales for "The
Simpsons," "24" and "Family Guy," along with
various library titles.
• • A strong roster of
summer releases, such as "The Day After Tomorrow,"
as well as the DVD sales of catalog and TV titles
and the "Star Wars" trilogy, led to a year-end
payday in home video, Chernin
said.
• • He said the margins
could be sustained because of the studio's "focus
on profitability over market share," and its
success with lower-budget titles such as
"Sideways," which was recently nominated for five
Academy Awards, including best picture.
• • Cable programming also
contributed to News Corp.'s strong quarter.
Operating profit at the unit, which includes the
FX, Fox News and National Geographic channels, rose
46% to $227 million.
• • News Corp. shares rose 5
cents to $17.67 on the New York Stock Exchange.
•
Powell
to Resign as FCC
Chairman /
0505e
• Verizon
Relies OnWireless For
Profits /
0505d
• Is
Google Going Into theWeb Browser Business, ala
Explorer? /
0505b
• Mark
Soval of VRA TelePlay Pictures says the Yahoo Move
to Hollywood is a
must. /
0505c
Copyright
Protection / The U.S. is a party to
international treaties that prohibit copyright
renewal requirements.
• • YES90 / "Let a
Thousand Googles Bloom," LATimes Commentary, Jan 12
2005: Lawrence Lessig may be right that requiring
periodic copyright renewal would make it easier to
determine what works are protected, but he ignores
one major reason we eliminated copyright renewals
in the first
place.
• • The U.S. is a
party to international treaties that prohibit
copyright renewal requirements. We agreed to these
treaties and eliminated our copyright renewal
requirement after suffering many years of uncertain
protection of American works in foreign
countries.
• • At a time when
the export of intellectual property is a
significant portion of our economy, the U.S. needs
to exercise caution before abrogating treaties that
protect the works of its authors.
///
ByLines:
Editors Note
LARRY
PAGE
Bylines
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for the future?
-----
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-----It
just goes to show you, says Troy about the TV and
Film industry -- "NOTHING IN THIS WORLD IS
PERMANENT" . . . so follow the
money -
- and
take some advice from a dinner-time chat with
"Stonehead" --
Disappointments Are Great! Follow
the Money . . . the Internet and the Smart- Daaf
Boys.
///
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