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Proximate cause

In law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, proximate cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened; the action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist. Since but-for causation is easy to show, a second test is used to determine if an action is close enough to a harm in a "chain of events" to be valid; this test is called proximate cause. Proximate cause is a key principle of Insurance and is concerned with how the loss or damage occurred. There are several competing theories of proximate cause. For an act to be deemed to cause a harm, both tests must be met; the formal Latin term for "but for" causation, is sine qua non causation. A few circumstances exist where the "but for" test is complicated; the primary examples are: Concurrent causes.

Where two separate acts of negligence combine to cause an injury to a third party, each actor is liable. For example, a construction worker negligently leaves the cover off a manhole, a careless driver negligently clips a pedestrian, forcing the pedestrian to fall into the open manhole. Both the construction worker and the careless driver are liable for the injury to the pedestrian; this example obeys the but for test. The injury could have been avoided by the elimination of either act of negligence, thus each is a but for cause of the injury. Sufficient combined causes. Where an injury results from two separate acts of negligence, either of which would have been sufficient to cause the injury, both actors are liable. For example, two campers in different parts of the woods negligently leave their campfires unattended. A forest fire results. Both campers are liable for all damage. A famous case establishing this principle in the United States is Havener. In the United States, the rule of Summers v. Tice holds that where two parties have acted negligently, but only one causes an injury to a third party, the burden shifts to the negligent parties to prove that they were not the cause of the injury.

In that case, two hunters negligently fired their shotguns in the direction of their guide, a pellet lodged in his eye. Because it was impossible to tell which hunter fired the shot that caused the injury, the court held both hunters liable. Market share evidence. Injury or illness is occasioned by a fungible product made by all the manufacturers joined together in a lawsuit; the injury or illness is due to a design hazard, with each having been found to have sold the same type of product in a manner that made it unreasonably dangerous, there is inability to identify the specific manufacturer of the product or products that brought about the Plaintiff's injury or illness and there are enough manufacturers of the fungible product joined in the lawsuit, to represent a substantial share of the market. Any damages would be divided according to the market share ratio. Since but-for causation is easy to show and does not assign culpability, there is a second test used to determine if an action is close enough to a harm in a "chain of events" to be a culpable cause of the harm.

This test is called proximate cause, from the Latin proxima causa. There are several competing theories of proximate cause; the most common test of proximate cause under the American legal system is foreseeability. It determines; the test is used in most cases only in respect to the type of harm. It is foreseeable, for example, that throwing a baseball at someone could cause them a blunt-force injury, but proximate cause is still met if a thrown baseball misses the target and knocks a heavy object off a shelf behind them, which causes a blunt-force injury. Evident in Corrigan v HSE; this is known as the "extraordinary in hindsight" rule. Direct causation is a minority test, it does not matter how foreseeable the result as long as what the negligent party's physical activity can be tied to what happened. The main thrust of direct causation is that there are no intervening causes between an act and the resulting harm. An intervening cause has several requirements: it must 1) be independent of the original act, 2) be a voluntary human act or an abnormal natural event, 3) occur in time between the original act and the harm.

Direct causation is the only theory that addresses only causation and does not take into account the culpability of the original actor. The plaintiff must demonstrate that the defendant's action increased the risk that the particular harm suffered by the plaintiff would occur. If the action were repeated, the likelihood of the harm would correspondingly increase; this is called foreseeable risk. The harm within the risk test determines whether the victim was among the class of persons who could foreseeably be harmed, whether the harm was foreseeable within the class of risks, it is the strictest test of causation, made famous by Benjamin Cardozo in Palsg

Sega Sports R&D

Sega Sports R&D was a Japanese video game development division of Sega. The studio was responsible for creating and producing the Let's Make a, 90 Minutes, Sega Worldwide Soccer, Virtua Pro Football, Mario & Sonic at the Olympic Games series. In 2016, the division was ceased to exist. Founded in mid-1994 as part of Consumer Software R&D Dept. 1, Team Andromeda became a separate internal development team when the first Sega Saturn software was entering development. The name came from Andromeda, the code used to make their games; the group produced three Panzer Dragoon titles and, after the release of its final game Panzer Dragoon Saga in 1998, was dissolved. Different teams of the same division were responsible for the Let's Make a series and the Sega Worldwide Soccer series. After the restructuring, many of the group's members joined Sega's Smilebit and United Game Artists development teams. Former Team Andromeda staff have developed video games at other studios, including Polyphony Digital, Artoon and Land Ho!

Key members of Team Andromeda were folded into the new second-party Sega studio Smilebit Corp. which crafted such titles as Jet Set Radio, Panzer Dragoon Orta and GunValkyrie. On July 1, 2004, Sega's subsidiaries, Wow Entertainment, Amusement Vision, Smilebit, Sega Rosso, United Game Artists reintegrated into Sega following the merge between Sega and Sammy in 2005, a holding company, was formed; the subsidiaries were renamed. The division was from now on was only for sports titles, adding the Mario & Sonic at the Olympic Games series; the department responsible for non-sport titles, became part of Amusement Vision under the lead of Toshihiro Nagoshi. as AM6 Panzer Dragoon Panzer Dragoon Zwei Panzer Dragoon Saga Let's Make a series Sega Worldwide Soccer seriesas Smilebit Jet Set Radio Hundred Swords Jet Set Radio Future GunValkyrie Panzer Dragoon Orta Let's Make a series 90 Minutesas Sega Sports Japan Let's Make a series Virtua Pro Football Mario & Sonic at the Olympic Games Mario & Sonic at the Olympic Winter Games Mario & Sonic at the London 2012 Olympic Games Mario & Sonic at the Sochi 2014 Olympic Winter Games Mario & Sonic at the Rio 2016 Olympic Games

Billy Hewes

William Gardner Hewes III is a Republican politician. He is the mayor of Gulfport and the former President pro tempore of the Mississippi State Senate, he was born in Louisiana. Billy Hewes, Republican serves as Mayor of Gulfport, the state's second largest city, having won office in the 2013 City of Gulfport General Election, in which he ran unopposed. Hewes is a relative to the first Mayor of Gulfport. In addition, Billy's grandfather served as a Chancery judge for many years, his father served on the Gulfport City Council. Following a generational example of political interests and activism, his family has a long history of civic involvement. Elected to public service in 1992, Billy represented the interests of Republican voters in South Mississippi in the Mississippi Senate for 20 years, serving as President Pro Tempore in his last term. Among other roles, he has served as National Chairman of the American Legislative Exchange Council and as chairman of the Gulf States Marine Fisheries Commission.

In addition, Billy served as Chairman of the Senate Ports and Marine Resources Committee, Rules Committee and Transportation Committee, was the founding chairman of the Mississippi National Guard Legislative Caucus. Mayor Hewes is 2019 Chairman of the Mississippi Municipal League, serves on the U. S. Department of Commerce First Responders Network Authority Board, as well as, the Advisory Board for the U. S. Department of Interior National Park System Board. Hewes was named Mississippi Association of Realtors Legislator of the Year by the Mississippi Association of Realtors, a private trade association that provides business benefits to its members including "education and lobbying for business-friendly legislation."He is an outdoors enthusiast and musician, having served on the Mississippi Blues Commission and as founder of the South Mississippi Music Hall of Fame. Hewes has had songs featured in two movie soundtracks and his band Cut Bait performs at various festivals and charity events. Hewes is a graduate of the University of Southern Mississippi.

He is the owner of Billy Hewes Insurance Agency and is a Broker-Associate with Billy Hewes Real Estate. He has been the recipient of the Nationwide Insurance Company's District Community Service Award five times, is a member of the Gulf Coast Board of Realtors and Gulf Coast Association of Insurance and Financial Advisors. A graduate of Leadership Mississippi and Leadership Gulf Coast, Hewes is a member of the Gulf Coast Chamber of Commerce, Gulfport Rotary Club and is a past president of the Gulfport Jaycees. Senator Hewes represented Harrison County, Mississippi, he served that district from his election in 1992 until 2012, serving as President Pro Tempore from 2008 until 2012. He was the chairman of the Senate Rules Committee, served on the following committees: Business and Financial Institutions, he was succeeded as president pro tempore by Terry C. Brown. Hewes was an unsuccessful candidate for the office of Lieutenant Governor of Mississippi in 2011, losing the Republican Primary election to Tate Reeves by a 14 point margin.

Official website Official business website William Gardner Hewes, Project Vote Smart Official Statement on the Mississippi Flag

L'Upupa und der Triumph der Sohnesliebe

L'Upupa und der Triumph der Sohnesliebe is an opera by Hans Werner Henze with a German libretto by the composer, inspired by Arab and Persian legends. This is Henze's 15th, self-stated final and the first where he has written his own libretto; the opera was first performed at the Salzburg Festival on 12 August 2003 in a co-production with the Deutsche Oper Berlin and the Teatro Real, staged by Dieter Dorn, set by Jürgen Rose. For the premiere, the scheduled conductor was Christian Thielemann and the original singer scheduled as "The demon" was Ian Bostridge, but in their places, Markus Stenz conducted and John Mark Ainsley sang "The demon". Critics have noted stylistic allusions to the music of Alban Berg and Igor Stravinsky, as well as to the operas Die Entführung aus dem Serail, The Magic Flute, Die Frau ohne Schatten, Tristan und Isolde and Parsifal; the role of "the nameless dictator" is unheard. Al Radshi, an old man, who lives in a tower on Manda, the island of the black baboons, laments the absence of his golden bird, a hoopoe that used to visit him daily.

Al Radshi once reached out to touch the hoopoe. Since the bird has not been seen. Al Radshi asks his three sons to go off on a quest to return it to him. Two of the sons are untrustworthy and lazy. Al Kasim is the only son to go off in search of the hoopoe. Al Kasim does find the hoopoe, with the help of a demon, a fallen angel with tattered black wings and, barred from heaven for an unidentified crime. Al Kasim has to find and rescue a captive princess, Badi'eat el-Hosn, he does so, falls in love with her. His next quest is to find a magic chest. After Al Kasim has obtained these three treasures, the other two brothers reappear and push Kasim and Badi'aet el-Hosn down a well; those two brothers return to their claim credit for performing Al Kasim's acts. However, Al Kasim and Badi'aet el-Hosn are rescued; the other two brothers are expelled from the island. Al Kasim cannot marry Badi'aet el-Hosn, until he completes one more quest; the opera leaves unresolved the question of whether Al Kasim and Badi'aet el-Hosn are united at the end.

The reviewer of The Times stated: "The hot ticket at this year’s Salzburg Festival is not one of the three Mozart opera productions, but the world premiere production of Hans Werner Henze’s newest stage-work L’Upupa und der Triumph der Sohnesliebe." and continued: "This action-packed scenario might seem complex, but it emerges in a production of magical simplicity and ravishing visual beauty by the stage director, Dieter Dorn and set and costume designer, Jürgen Rose with a spell-binding clarity. A clarity which Henze achieves in what must be his richest and most entrancing opera score to date." There is a DVD of the original 2003 Salzburg production with Matthias Goerne, Laura Aikin, John Mark Ainsley, Alfred Muff, Markus Stenz conducting the Vienna Philharmonic Orchestra and the Vienna State Opera Chorus. Notes SourcesHenze, Hans Werner, L'Upupa. Nachtstücke aus dem Morgenland. Autobiographische Mitteilungen. Propyläen, Berlin 2003. L'Upupa und der Triumph der Sohnesliebe on the Chester Novello website and reviews

Enn Vetemaa

Enn Vetemaa was an Estonian writer sometimes referred as a "forgotten classic" as well as "the unofficial master of the Estonian Modernist short novel". Vetemaa was born in Tallinn to a family of an architect, he graduated from Tallinn Polytechnic Institute in 1959 with a degree in Chemical Engineering. His choice of the subject was influenced by his grandfather, a pioneer photographer and radio-engineer, who started photography in 19th century and experimented with radio-transmitting two years after Alexander Popov. Without working out the required three years Vetemaa abandoned his engineering career and entered Tallinn Conservatoire that he graduated from in 1965. Despite being a successful student of music Vetemaa decided that he is not as strong as his classmates: now famous Arvo Pärt and Jaan Rääts. Vetemaa returned to writing poetry. First publications of Vetemaa's poetry were in 1958, he published books of poetry Critical Age in 1962 and Game of snowballs in 1966. He became a notable figure among the young poets of Estonia but his ironic and rational intellect forces to switch into prose.

In 1964 he in 1966 published his arguably most famous novel Monument. The novel does something, unusual in the context of Estonian literature: the narrator is a negative character. In this way Vetemaa makes his readers enter the mind of a character for; the narrator, a young successful sculptor kandidat of architecture Sven Voore, returns from Moscow to Tallinn to work on a memorial to fallen Soviet soldiers. He is supposed to decorate the pedestal for the work of a young talented sculptor Ain Saarema, the problem is that the monument designed by Ain does not need any pedestals: it shows only arms that the dead soldiers rise from their graves through the ground; the narrator's intrigues lead to the monument done by a Stalinist Magnus Tee, the narrator getting the job of the pedestal, promotion in the Estonian art unions and the wife of Ain Sarema. The resulting monument has ghostly long arms; the novel was forbidden to publishing but Vetemaa happen to meet the censor. After a few days of heavy drinking with Vetemaa the censor find courage to allow the novel for publications.

The novel was quite well received. Vetemaa got the USSR Writer's Union prize for the best novel. In 1978 the novel was transferred to a play directed by Valery Fokin in Moscow Sovremennik Theater, it is consider to be the best theater work of Konstantin Raikin. After Monument Vetemaa published other Small Novells: Tiredness, Väike reekviem suupillile, Munad hiina moodi. All together Vetemaa wrote ten "short novels", his play Õhtusöök viiele, first performed in 1972, the comedy Püha Susanna ehk Meistrite kool, first performed in 1974, demonstrate Vetemaa’s sharp eye and witty lines. In 1983 Vetemaa prepared his most famous text compilation Eesti näkiliste välimäärja which mixes frivolity with popular science, he wrote a lot of variations on the themes of Estonian Epic poetry. Speaking about controversy caused by relocation of the Bronze Soldier of Tallinn Vetemma supported the idea of erecting a monument to Boris Yeltsin on the vacant place, but he would prefer to use that site for a monument to Lennart Meri, the first Estonian president after the disbanding of the Soviet Union Enn Vetemaa on IMDb Biography and Russian Translations of Vetemaa's works


A Nargun, according to Gunai/Kurnai tribal legends, a fierce half-human half-stone creature that lived in the Den of Nargun, a cave under a rock overhang behind a small waterfall located in the Mitchell River National Park, Australia. Aboriginal legend describes the Nargun as a beast made of stone except for its hands and breast; the fierce creature would drag unwary travellers into its den. Any weapon directed against it would be turned back on its owner; the cave is found on Woolshed Creek, a small tributary of the Mitchell River in the Mitchell River National Park, about one kilometre upstream from where the creek joins the river. The existence of the cave was first recorded by Alfred Howitt. After heavy rainfall, the opening of the cave may be hidden by a waterfall, which has excavated a pool at its base; the den was once rimmed with stalactites, but these have been broken off as souvenirs by visitors over the years. Smaller stalactites may still exist inside the cave; the area is a site of Aboriginal historical importance, is located on the Batuluk Aboriginal Cultural Trail.

Stories were told around aboriginal campfires about how the Nargun would abduct children who visited the rockpool. It was said the Nargun could not be harmed with boomerangs or spears, as they would be reflected back to the thrower; these stories served the dual purpose of a cautionary tale to keep children close to the campsite, away from the sacred cave. The Den of Nargun was considered a special place for women of the Gunai tribe, in reality was used for women's initiation and learning ceremonies rather than being the lair of any predator. A similar, though less well known site, called Deadcock Den is situated on Woolshed Creek downstream from the Den of Nargun, only about 200m from where it joins the Mitchell River; this site was of great cultural significance to the Gunai people, women in particular. In 1974, Australian author Patricia Wrightson wrote an award-winning children's novel called The Nargun and the Stars, made into a television series; the plot involved a modern-day boy coming to live in a remote Australian valley where he discovers a variety of ancient creatures from the Aboriginal Dreaming.

In this story, the Nargun is an indestructible stone being that moves through the valley destroying all in its path. A Patricia Wrightson story, The Ice Is Coming, suggested there were multiple Narguns; the cave was featured in the book Providence Ponds, written by Stanley Porteus in 1950. The Nargun is mentioned in a short story called "The Slaughters of the Bulumwaal Butcher" by Bruce Pascoe, an indigenous author from the Wathaurong Aboriginal Co-operative of southern Victoria; the story is included in the Macquarie PEN Anthology of Aboriginal Literature edited by Anita Heiss and Peter Minter, Allen & Unwin 2008 Angus McLean featured the Den of Nargun in his book Lindigo. The Nargun plays a role in Sonya Hartnett's novel The Ghost's Child; the Nargun is one of many aboriginal monsters that feature in the short story "The Song of Old Man Bunyip" by Richard Freeman in the anthology Bernice Summerfield: Secret Histories Mycena nargan