Jennie Garth Wants to Date a Man with 'Positive Energy'















01/02/2013 at 07:10 PM EST



When it comes to her current love life, Jennie Garth has a new mantra.

"I'm learning to date again," the actress, who split from husband Peter Facinelli in March 2012, tells Health in its January issue, "[and] looks aren't important to me anymore. ... I like positive energy."

The actress, who dropped 30 lbs. last year, plans to keep her health a priority in 2013.

"Every day, I just renew my healthy choices," she says. "I feel really good about myself now, and I don't want to do anything to change that."

That means avoiding trendy diets or weight-loss gimmicks.

"My biggest regret is putting my body through fad diets: Atkins, cleanses, the hCG diet," Garth, 40, says. "I lost like 18 lbs., but it came right back. The worst was fasting with colonics for three or four days. It was the most horrifying experience ever."

In addition to her body, Garth says she's trying to maintain a positive outlook, even when times are tough.

"When I'm in excruciating pain, like with what I've been through with my breakup and that grief and loss that's just immobilizing, it helps to remember that it only lasts for 13 to 15 minutes, max," she tells Health. "And then it's over."

"Your mind is ready to go to something else," Garth continues. "You might come back to it, but it helps to just know that that pain is not going to last forever."

Read More..

Flu? Malaria? Disease forecasters look to the sky


NEW YORK (AP) — Only a 10 percent chance of showers today, but a 70 percent chance of flu next month.


That's the kind of forecasting health scientists are trying to move toward, as they increasingly include weather data in their attempts to predict disease outbreaks.


In one recent study, two scientists reported they could predict — more than seven weeks in advance — when flu season was going to peak in New York City. Theirs was just the latest in a growing wave of computer models that factor in rainfall, temperature or other weather conditions to forecast disease.


Health officials are excited by this kind of work and the idea that it could be used to fine-tune vaccination campaigns or other disease prevention efforts.


At the same time, experts note that outbreaks are influenced as much, or more, by human behavior and other factors as by the weather. Some argue weather-based outbreak predictions still have a long way to go. And when government health officials warned in early December that flu season seemed to be off to an early start, they said there was no evidence it was driven by the weather.


This disease-forecasting concept is not new: Scientists have been working on mathematical models to predict outbreaks for decades and have long factored in the weather. They have known, for example, that temperature and rainfall affect the breeding of mosquitoes that carry malaria, West Nile virus and other dangerous diseases.


Recent improvements in weather-tracking have helped, including satellite technology and more sophisticated computer data processing.


As a result, "in the last five years or so, there's been quite an improvement and acceleration" in weather-focused disease modeling, said Ira Longini, a University of Florida biostatistician who's worked on outbreak prediction projects.


Some models have been labeled successes.


In the United States, researchers at Johns Hopkins University and the University of New Mexico tried to predict outbreaks of hantavirus in the late 1990s. They used rain and snow data and other information to study patterns of plant growth that attract rodents. People catch the disease from the droppings of infected rodents.


"We predicted what would happen later that year," said Gregory Glass, a Johns Hopkins researcher who worked on the project.


More recently, in east Africa, satellites have been used to predict rainfall by measuring sea-surface temperatures and cloud density. That's been used to generate "risk maps" for Rift Valley fever — a virus that spreads from animals to people and in severe cases can cause blindness or death. Researchers have said the system in some cases has given two to six weeks advance warning.


Last year, other researchers using satellite data in east Africa said they found that a small change in average temperature was a warning sign cholera cases would double within four months.


"We are getting very close to developing a viable forecasting system" against cholera that can help health officials in African countries ramp up emergency vaccinations and other efforts, said a statement by one of the authors, Rita Reyburn of the International Vaccine Institute in Seoul, South Korea.


Some diseases are hard to forecast, such as West Nile virus. Last year, the U.S. suffered one of its worst years since the virus arrived in 1999. There were more than 2,600 serious illnesses and nearly 240 deaths.


Officials said the mild winter, early spring and very hot summer helped spur mosquito breeding and the spread of the virus. But the danger wasn't spread uniformly. In Texas, the Dallas area was particularly hard-hit, while other places, including some with similar weather patterns and the same type of mosquitoes, were not as affected.


"Why Dallas, and not areas with similar ecological conditions? We don't really know," said Roger Nasci of the Centers for Disease Control and Prevention. He is chief of the CDC branch that tracks insect-borne viruses.


Some think flu lends itself to outbreak forecasting — there's already a predictability to the annual winter flu season. But that's been tricky, too.


Seasonal flu reports come from doctors' offices, but those show the disease when it's already spreading. Some researchers have studied tweets on Twitter and searches on Google, but their work has offered a jump of only a week or two on traditional methods.


In the study of New York City flu cases published last month in the Proceedings of the National Academy of Sciences, the authors said they could foredcast, by up to seven weeks, the peak of flu season.


They designed a model based on weather and flu data from past years, 2003-09. In part, their design was based on earlier studies that found flu virus spreads better when the air is dry and turns colder. They made calculations based on humidity readings and on Google Flu Trends, which tracks how many people are searching each day for information on flu-related topics (often because they're beginning to feel ill).


Using that model, they hope to try real-time predictions as early as next year, said Jeffrey Shaman of Columbia University, who led the work.


"It's certainly exciting," said Lyn Finelli, the CDC's flu surveillance chief. She said the CDC supports Shaman's work, but agency officials are eager to see follow-up studies showing the model can predict flu trends in places different from New York, like Miami.


Despite the optimism by some, Dr. Edward Ryan, a Harvard University professor of immunology and infectious diseases, is cautious about weather-based prediction models. "I'm not sure any of them are ready for prime time," he said.


Read More..

Greuel faults DWP for bypassing bids on lobbying contracts









The Los Angeles Department of Water and Power repeatedly bypassed its competitive bidding process when it awarded $480,000 in contracts to lobby Sacramento decision-makers, according to a report issued by City Controller Wendy Greuel.


DWP executives issued four no-bid contracts for state lobbying over the last two years, two of them to Mercury Public Affairs, a firm that includes former state Assembly Speaker Fabian Nuñez as one of its partners. No public debate or vote by the utility's five-member Board of Commissioners was required under DWP contracting rules because each agreement was $150,000 or less.


Greuel, who is running for mayor in the March 5 election, said the city utility had "lax controls" over the lobbying contracts and failed to require that two of the firms prepare reports showing what they had accomplished. Mercury also was paid $50,000 for a month of work to help secure passage of legislation on power plant upgrades that had been withdrawn on the first day of the firm's contract, the report found.





"DWP should have terminated" the contract, Greuel wrote.


The inquiry, which was conducted with help from the city Ethics Commission, was launched last year after Greuel's office received a tip alleging that the lobbying work was awarded in exchange for favors. But no evidence of "a 'pay to play' arrangement" was found, her report said.


Mercury received DWP lobbying contracts worth $50,000 in 2010 and $150,000 in 2011, both focused on state government. The firm also received a no-bid, nine-month contract worth $141,000 in 2010 for lobbying at the federal level, which was not examined in the controller's report.


The DWP said the no-bid contracts were reviewed and approved by the city's lawyers. The three lobbying firms helped shape costly state regulations dealing with greenhouse gas emissions and pollution of ocean plant life caused by coastal power plants, utility officials said.


"Their effective advocacy contributed to favorable outcomes that will save LADWP's customers in excess of a billion dollars," the DWP said in a statement.


Mercury Managing Director Roger Salazar said his firm provided strategy for dealing with water quality regulators, as well as state lawmakers. "The legislative process doesn't always end with the pulling of a bill," he added.


The DWP's hiring practices for outside lobbyists attracted scrutiny in 2009 after high-level officials proposed a contract worth up to $2.4 million with Conservation Strategy Group — a Sacramento-based firm that planned to use Mercury and a second company as subcontractors.


The deal would have included the involvement of Nuñez, author of the state's landmark 2006 climate change law. But it was scuttled after DWP commissioners raised questions about the cost. The agency already was paying $15,000 to its in-house lobbyist Cindy Montañez, a former Assembly member who is now a City Council candidate.


DWP officials subsequently began using simple purchase orders instead of competitive bidding procedures to hire lobbying firms. The utility awarded a one-year, $130,000 agreement to Weideman Group in 2010 and a one-year, $150,000 agreement with Conservation Strategy Group in 2011.


Mercury received its $150,000 contract in April 2011, during the same week that Nuñez contributed $3,000 to three of the mayor's legal defense funds and $1,000 to a separate officeholder account belonging to Mayor Antonio Villaraigosa. The defense funds were set up to pay nearly $42,000 in ethics fines levied against Villaraigosa for accepting free tickets to sports and cultural events.


Salazar said there was no link between the contracts and the donations from Nuñez. "Any insinuation that they are connected is absurd and irresponsible," he said.


Last month, the DWP's five-member board awarded a Sacramento lobbying contract worth $1 million annually to KP Public Affairs. That vote was taken after a competitive search process.


david.zahniser@latimes.com





Read More..

Philippines May End Pursuit of Marcos Wealth





MANILA – A commission that has been pursuing the wealth of the former Philippine dictator Ferdinand Marcos should be abolished, despite the fact that much of his allegedly ill-gotten wealth has not been recovered, the agency’s head said on Wednesday.




Andres Bautista, the head of the Presidential Commission on Good Government, told reporters on Wednesday that he has recommended to President Benigno S. Aquino III that the special commission be phased out.


“Our recommendation was to wind down work,” said Mr. Bautista, noting that it is more efficient, and less costly for the government, if the Department of Justice handles the hunt for assets and any future cases against Marcos associates. In an earlier interview with Agence France-Presse, Mr. Bautista said, “It has become a law of diminishing returns at this point.”


Mr. Marcos led the Philippines from 1965 to until 1986, when he was overthrown by the bloodless popular revolt known as “People Power.” He declared martial law for part of his time in office and empowered his flamboyant wife, Imelda, to help rule the country. 


The Marcos family and their associates are accused by investigators of plundering an estimated $10 billion from the Philippines while millions of Filipinos suffered in grinding poverty. Mrs. Marcos in particular was noted for extravagant displays of wealth that included lavish shopping trips to New York City with a huge entourage that resulted in her buying multimillion dollar jewels and rare works of art.


But in recent years, members of the Marcos family, including Mrs. Marcos herself, have taken prominent political posts, complicating the commission’s efforts.


The commission was created after the pro-democracy leader Corazon Aquino, the current president’s mother, came to power in 1986, and it was charged with the worldwide pursuit of the ill-gotten assets of the Marcos family and their associates.


According to one analyst, the abolition of the commission will effectively end the pursuit of that wealth – much of which, by all accounts, remains unrecovered.


“If a special body with extraordinary powers specifically tasked with finding the hidden wealth of Marcos cannot do it then who else is going to?” asked Edre U. Olalia, the secretary general of the human rights organization National Union of Peoples’ Lawyers. “The government is giving up the fight.”


Mr. Olalia said a special commission was still needed because the Marcos family and their associates had the resources to hire the top defense attorneys, who could beat or delay government cases. He said they also were experts at hiding wealth overseas and using influence within the government to obstruct the investigations.


Imelda Marcos is now a member of the House of Representatives, while her son, Ferdinand “Bongbong” Marcos Jr., is a senator. Her daughter, Imee Marcos, is the governor of a northern province where the family is still well regarded.


Former President Marcos himself died in exile in the United States in 1989.


Some of the largest companies in the Philippines today are controlled by the close associates of the late President Marcos, and some have been accused by government investigators of assisting in the plunder of billions from the country. None have been convicted, nor have any members of the Marcos family, who all deny wrongdoing.


 “The Marcos family is back in power and they have no fear of conviction,” said Mr. Olalia. “They are prancing around with their wealth, saying they are a poor family being prosecuted by the government.”


Mr. Bautista, the head of the commission, noted that the agency has recovered 164 billion pesos (about $4 billion) since its creation, including a 150-carat ruby and diamond tiara, hundreds of millions of dollars hidden in Swiss bank accounts and prime real estate in New York City.


The agency recently worked with New York authorities to indict Vilma Bautista, the former social secretary of Imelda Marcos, to recover several rare paintings, including one from the water lily series by Claude Monet.


The abolition of the commission must be approved by President Benigno S. Aquino III, and both houses of congress, before it takes effect. Lawmakers on Wednesday disagreed about its fate.


"Everybody agrees that the hunt and recovery was not going to be a walk in the park,” said Senator Francis Escudero. “But it’s disappointing that they are throwing in the towel."


But Senator Joker Arroyo disagreed, noted that the agency was designed by to have a limited mandate.


 


 


Read More..

Jessica Simpson and Kendall & Kylie Jenner Make Readers Smile - and Frown















01/01/2013 at 07:00 PM EST








Splash News Online; Michael Simon/Startraks


What's on the minds of PEOPLE readers this week? We love getting your feedback, and as always, you weighed in – even while celebrating during the holidays – with plenty of reactions to all of our stories.

From Kelly Osbourne's dramatic weight loss to Jessica Simpson's happy baby news to the tragic death of hero surfer Dylan Smith in Puerto Rico, readers responded to what made them happy, what made them laugh out loud and what made them sad this week.

Check out the articles with the top reactions on the site this week, and keep clicking on the emoticons at the bottom of every story to tell us what you think!

Love Kelly Osbourne says loving herself was the key to her 60-lb. weight loss. She had to get to a place where she respected herself enough to take care of her health – and she emerged a fierce style star who is not afraid to rock a bikini.

Wow Jessica Simpson became a new mom just 8 months ago – so the news that she's expecting baby No. 2 with fiancé Eric Johnson made readers say, "Wow!"

Angry Reality stars Kendall and Kylie Jenner showed off expensive Christmas gifts on Instagram, and their pricey public display turned many readers off. From a pair of Louboutin spike heels to Balenciaga boots with a more than $1,000 price tag, the teens cleaned up with lavish presents that most could only dream about.

Sad Dylan Smith captured our hearts with his heroic efforts during Superstorm Sandy, saving six people on his surfboard. But the Queens, N.Y., lifeguard, 23, who was named one of PEOPLE's Heroes of the Year, drowned on Dec. 24 in a surfing accident off Puerto Rico.

LOL Does the idea of Tom Cruise dating a new woman make you laugh? Maybe. A story that falsely linked the actor romantically to a 26-year-old restaurant manager, had readers clicking LOL. Or maybe the funny part was this quote from a source, who told told PEOPLE: "He's single and will be talking to women – all of whom he won't be instantly dating."

Check back next week for another must-read roundup, and see what readers are reacting to every day here.

Read More..

Man dies while trailing Justin Bieber's Ferrari









A photographer was hit by a car and killed Tuesday after taking shots of Justin Bieber's white Ferrari while it was pulled over by the California Highway Patrol, authorities said.


Police are interviewing the motorist who hit the 29-year-old man but no arrests have been made. Bieber was not in the car.


The photographer died at Ronald Reagan UCLA Medical Center. A friend of the photographer told KCAL-TV Channel 9 that he was not a professional.





The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the CHP for a traffic stop, according to LAPD Sgt. Rudy Lopez.


The CHP officer directed the driver of Bieber's car off the freeway and onto Sepulveda.


The photographer arrived at the scene, got out of his car and crossed Sepulveda to take photos. He was hit by the car as he went back across the boulevard to his own car, the sources said.


The paparazzi have tracked the driving habits of Bieber, 18, and the Los Angeles city attorney's office has been unsuccessful in its attempt to use a novel state law to limit their pursuits.


Judge Thomas Rubinson ruled in November that the state law did not pass constitutional muster in a case against Paul Raef, a photographer who sped on the 101 Freeway last year to capture Bieber receiving a traffic citation.


Passed in 2010, the law punishes paparazzi driving dangerously to obtain images they intend to sell. But Rubinson said the law violated 1st Amendment protections, potentially affecting wedding photographers or those speeding to events where celebrities are present.


andrew.blankstein@latimes.com


Times staff writer Garrett Therolf contributed to this report.





Read More..

Residents Flee Bangui, Capital of Central African Republic


Sia Kambou/Agence France-Presse — Getty Images


Soldiers from Republic of Congo arrived at Central African Republic's capital Bangui Monday. A regional force is bolstering the country's troops.







JOHANNESBURG — As efforts to broker a deal to stop a rebel advance failed, residents of the capital of the Central African Republic were packing up their belongings and fleeing into the country’s vast hinterlands, fearing a major battle between government troops and guerrilla fighters.




Rebels rejected an offer from the country’s president, François Bozizé. It was brokered by the African Union and proposed forming a government of national unity. But the rebels balked, saying that previous agreements with the president had been made and quickly broken.


“Bozizé speaks, but does not keep his word,” said a rebel spokesman, Juma Narkoyo. “That is why we have taken up arms to make our voices heard.”


The rebel coalition, known as Seleka, is made up of several groups of fighters opposed to the government of Mr. Bozizé, who came to power after a brief civil war in 2003 and has had a tenuous grip on the presidency ever since, winning two elections but facing a constant threat of rebellions aimed at toppling him.


The Seleka rebels say that Mr. Bozizé has not lived up to the terms of a peace agreement signed in 2007. Mr. Narkoyo said the rebels had no plans to seize the capital, Bangui, but in the past they have advanced despite claims that they would stay put.


Government officials, meanwhile, said that the rebels were not actually from the Central African Republic, but were instead foreign provocateurs bent on destabilizing one of the most fragile nations in Africa in order to exploit its mineral wealth.


“They are Chadians, Sudanese and Nigerians,” said Louis Oguéré Ngaïkouma, secretary general of Mr. Bozizé’s political party. “It is a conspiracy against the people of the Central African Republic and its president to steal our riches.”


Suspicion of one’s neighbors is no idle thing in this part of Africa, where local wars often become wider conflagrations. The Democratic Republic of Congo, which lies to the south of the Central African Republic, has been caught up in one of the deadliest conflicts of the last half-century as Rwandan, Ugandan and Congolese troops fought over the country’s bounty of diamonds, coltan and tin.


War in Sudan, which lies north of the Central African Republic, has also spilled over into its neighbors, especially Chad, which also borders the Central African Republic.


Hugues Kossi, a college student in Bangui, said he feared all-out war in his city.


“I am afraid of combat and stray bullets,” he said. But he said he was also tired of the poverty and misrule of Mr. Bozizé’s government.


“It is bad governance that has led us to this situation,” Mr. Kossi said.


The United States has closed its embassy in Bangui and evacuated its staff members. The French government has said it will not help Mr. Bozizé fight the rebels, but that it has deployed an extra contingent of soldiers from a neighboring country to help protect French citizens.


Christian Panika contributed reporting from Bangui, Central African Republic.



Read More..

Clinton receiving blood thinners to dissolve clot


WASHINGTON (AP) — Doctors treating Secretary of State Hillary Rodham Clinton for a blood clot in her head said blood thinners are being used to dissolve the clot and they are confident she will make a full recovery.


Clinton didn't suffer a stroke or neurological damage from the clot that formed after she suffered a concussion during a fainting spell at her home in early December, doctors said in a statement Monday.


Clinton, 65, was admitted to New York-Presbyterian Hospital on Sunday when the clot turned up on a follow-up exam on the concussion, Clinton spokesman Phillipe Reines said.


The clot is located in the vein in the space between the brain and the skull behind the right ear. She will be released once the medication dose for the blood thinners has been established, the doctors said.


In their statement, Dr. Lisa Bardack of the Mount Kisco Medical Group and Dr. Gigi El-Bayoumi of George Washington University said Clinton was making excellent progress and was in good spirits.


Clinton's complication "certainly isn't the most common thing to happen after a concussion" and is one of the few types of blood clots in the skull or head that are treated with blood thinners, said Dr. Larry Goldstein, a neurologist who is director of Duke University's stroke center. He is not involved in Clinton's care.


The area where Clinton's clot developed is "a drainage channel, the equivalent of a big vein inside the skull. It's how the blood gets back to the heart," Goldstein said.


Blood thinners usually are enough to treat the clot and it should have no long-term consequences if her doctors are saying she has suffered no neurological damage from it, Goldstein said.


Clinton returned to the U.S. from a trip to Europe, then fell ill with a stomach virus in early December that left her severely dehydrated and forced her to cancel a trip to North Africa and the Middle East. Until then, she had canceled only two scheduled overseas trips, one to Europe after breaking her elbow in June 2009 and one to Asia after the February 2010 earthquake in Haiti.


Her condition worsened when she fainted, fell and suffered a concussion while at home alone in mid-December as she recovered from the virus. It was announced Dec. 13.


This isn't the first time Clinton has suffered a blood clot. In 1998, midway through her husband's second term as president, Clinton was in New York fundraising for the midterm elections when a swollen right foot led her doctor to diagnose a clot in her knee requiring immediate treatment.


Clinton had planned to step down as secretary of state at the beginning of President Barack Obama's second term. Whether she will return to work before she resigns remained a question.


Democrats are privately if not publicly speculating: How might her illness affect a decision about running for president in 2016?


After decades in politics, Clinton says she plans to spend the next year resting. She has long insisted she had no intention of mounting a second campaign for the White House four years from now. But the door is not entirely closed, and she would almost certainly emerge as the Democrat to beat if she decided to give in to calls by Democratic fans and run again.


Her age — and thereby health — would probably be a factor under consideration, given that Clinton would be 69 when sworn in, if she were elected in 2016. That might become even more of an issue in the early jockeying for 2016 if what started as a bad stomach bug becomes a prolonged, public bout with more serious infirmity.


Not that Democrats are willing to talk openly about the political implications of a long illness, choosing to keep any discussions about her condition behind closed doors. Publicly, Democrats reject the notion that a blood clot could hinder her political prospects.


"Some of those concerns could be borderline sexist," said Basil Smikle, a Democratic strategist who worked for Clinton when she was a senator. "Dick Cheney had significant heart problems when he was vice president, and people joked about it. He took the time he needed to get better, and it wasn't a problem."


It isn't uncommon for presidential candidates' health — and age — to be an issue. Both in 2000 and 2008, Sen. John McCain, R-Ariz., had to rebut concerns he was too old to be commander in chief or that his skin cancer could resurface.


Two decades after Clinton became the first lady, signs of her popularity — and her political strength — are ubiquitous.


Obama had barely declared victory in November when Democrats started zealously plugging Clinton as their strongest White House contender four years from now, should she choose to take that leap.


"Wouldn't that be exciting?" House Democratic leader Nancy Pelosi declared in December. "I hope she goes. Why wouldn't she?"


Even Republicans concede that were she to run, Clinton would be a force to be reckoned with.


"Trying to win that will be truly the Super Bowl," Newt Gingrich, the former House Speaker and 2012 GOP presidential candidate, said in December. "The Republican Party today is incapable of competing at that level."


Americans admire Clinton more than any other woman in the world, according to a Gallup poll released Monday — the 17th time in 20 years that Clinton has claimed that title. And a recent ABC News/Washington Post poll found that 57 percent of Americans would support Clinton as a candidate for president in 2016, with just 37 percent opposed. Websites have already cropped up hawking "Clinton 2016" mugs and tote bags.


Beyond talk of future politics, Clinton's three-week absence from the State Department has raised eyebrows among some conservative commentators who questioned the seriousness of her ailment after she canceled planned Dec. 20 testimony before Congress on the deadly attack on the U.S. diplomatic mission in Benghazi, Libya.


Clinton had been due to discuss with lawmakers a scathing report she had commissioned on the attack. It found serious failures of leadership and management in two State Department bureaus were to blame for insufficient security at the facility. Clinton took responsibility for the incident before the report was released, but she was not blamed. Four officials cited in the report have either resigned or been reassigned.


___


Associated Press writer Ken Thomas in Washington and AP Chief Medical Writer Marilynn Marchione in Milwaukee contributed to this report.


Read More..

Ruling over bumper-car injury supports amusement park









SAN FRANCISCO — The California Supreme Court, protecting providers of risky recreational activities from lawsuits, decided Monday that bumper car riders may not sue amusement parks over injuries stemming from the inherent nature of the attraction.


The 6-1 decision may be cited to curb liability for a wide variety of activities — such as jet skiing, ice skating and even participating in a fitness class, lawyers in the case said.


"This is a victory for anyone who likes fun and risk activities," said Jeffrey M. Lenkov, an attorney for Great America, which won the case.








But Mark D. Rosenberg, who represented a woman injured in a bumper car at the Bay Area amusement park, said the decision was bad for consumers.


"Patrons are less safe today than they were yesterday," Rosenberg said.


The ruling came in a lawsuit by Smriti Nalwa, who fractured her wrist in 2005 while riding in a bumper car with her 9-year-old son and being involved in a head-on collision. Rosenberg said Great America had told ride operators not to allow head-on collisions, but failed to ask patrons to avoid them.


The court said Nalwa's injury was caused by a collision with another bumper car, a normal part of the ride. To reduce all risk of injury, the ride would have to be scrapped or completely reconfigured, the court said.


"A small degree of risk inevitably accompanies the thrill of speeding through curves and loops, defying gravity or, in bumper cars, engaging in the mock violence of low-speed collisions," Justice Kathryn Mickle Werdegar wrote for the majority. "Those who voluntarily join in these activities also voluntarily take on their minor inherent risks."


Monday's decision extended a legal doctrine that has limited liability for risky sports, such as football, to now include recreational activities.


"Where the doctrine applies to a recreational activity," Werdegar wrote, "operators, instructors and participants …owe other participants only the duty not to act so as to increase the risk of injury over that inherent in the activity."


Amusement parks will continue to be required to use the utmost care on thrill rides such as roller coasters, where riders surrender control to the operator. But on attractions where riders have some control, the parks can be held liable only if their conduct unreasonably raised the dangers.


"Low-speed collisions between the padded, independently operated cars are inherent in — are the whole point of — a bumper car ride," Werdegar wrote.


Parks that fail to provide routine safety measures such as seat belts, adequate bumpers and speed controls might be held liable for an injury, but operators should not be expected to restrict where a bumper car is bumped, the court said.


The justices noted that the state inspected the Great America rides annually, and the maintenance and safety staff checked on the bumper cars the day Nalwa broke her wrist. The ride was functioning normally.


Reports showed that bumper car riders at the park suffered 55 injuries — including bruises, cuts, scrapes and strains — in 2004 and 2005, but Nalwa's injury was the only fracture. Nalwa said her wrist snapped when she tried to brace herself by putting her hand on the dashboard.


Rosenberg said the injury stemmed from the head-on collision. He said the company had configured bumper rides in other parks to avoid such collisions and made the Santa Clara ride uni-directional after the lawsuit was filed.


Justice Joyce L. Kennard dissented, complaining that the decision would saddle trial judges "with the unenviable task of determining the risks of harm that are inherent in a particular recreational activity."


"Whether the plaintiff knowingly assumed the risk of injury no longer matters," Kennard said.


maura.dolan@latimes.com





Read More..

Mexico City Journal: Mobile Factory With Hope for a Better Life – Mexico City Journal





MEXICO CITY — The sound of a surprising opportunity rose above the tumult of traffic. “Factory for electronic textiles offering work,” came the message, shouted from a megaphone that sat in the basket of a white bicycle pedaled by Amor Muñoz, an artist in a black jumpsuit. “One hundred pesos an hour!”




Even on the streets of this busy capital, where sales pitches flow from speakers attached to anything with wheels, the offer stood out. Work? For about $7.50 an hour, a little above the American minimum wage?


The rush was on. By the time Ms. Muñoz parked in her usual spot outside a hospital in one of Mexico City’s peripheral neighborhoods, a line had already formed. Women of all ages squeezed together — one held a baby, another was nearly too old to walk — as Ms. Muñoz opened up a white wooden box revealing thread, needles, cloth, timecards and employment contracts. The work involved creating interactive art pieces that combine the old craft of sewing with 20th-century electronics and 21st-century tags allowing smartphone users to look up who worked on a given piece.


“It’s about community,” Ms. Muñoz said. “I’m interested in sharing the experience of art.”


If that were her only interest, it would be enough to make alpha geeks swoon; a local glossy magazine and the technology Web site Ars Technica recently honored Ms. Muñoz with their annual awards. But behind her vintage glasses and dimpled smile, Ms. Muñoz has a sharper message.


Her maquiladora, or factory, she said, is a “fantasy” meant to condemn the harsh reality of a global economy that uses and discards poor workers, especially women, to keep prices low.


In Mexico these days the project amounts to artistic subversion. At a time when the country’s new president, Enrique Peña Nieto, is trying to recast Mexico as an economic marvel, with growth rates surpassing Brazil, Ms. Muñoz’s factory is a countervailing force — a mobile reality check highlighting Mexico’s darker economic truths.


Take wages. The minimum wage in Mexico is about 60 cents an hour, and while the average pay in manufacturing has grown over the past decade, it is still only about $3.50 an hour, according to government statistics. Even according to higher estimates by the Bureau of Labor Statistics in Washington, Mexico’s hourly compensation costs are still only two-thirds of those found in Brazil, where the benefits of economic growth have helped a larger share of workers rise from poverty.


Economists recognize the problem. “We need to increase wages to become a true modern country,” said Luis de la Calle, a former Mexican government official who helped negotiate the North American Free Trade Agreement. But as Mexico tries to improve its image and gloss over its violent drug war, government officials have mostly described Mexico’s low wages in positive terms, as a way to compete with China. The market, it is generally assumed, will eventually drive up wages.


Ms. Muñoz is unwilling to wait. She described Mexican wages as an insult to human dignity, and every time her mobile factory appears, the power of work for reasonable pay goes on display. The crowds that gather are typically large. Sometimes people push and shove for two hours of work and $15, though once the day’s employees are selected (first come first hired), a calm tends to follow.


Earlier this month, the team included nearly a dozen women and one young man, all that Ms. Muñoz could afford. Many, like Sara Peregrino, 50, were homemakers with sewing experience. Others, like David Quiróz, 18, a taxi dispatcher, struggled to thread a needle without drawing blood.


Nearly everyone said the money they earned would go to one of two things — food or Christmas presents. “For women, it’s very hard to find a good job,” said Patricia Zamora, 33, a mother of two who arrived with Ms. Peregrino, one of her neighbors. “There is a lot of work for not much pay.”


Many of the women seemed to appreciate a chance to be involved in an art project. María González, 75, smiled widely when handed a needle and adjusted her purple scarf, excited to be creating something rather than worrying about her husband in the hospital. “This,” she said, sewing without looking down, “is a wonderful distraction.”


Ms. Muñoz seemed to agree. She stood nearby, waiting for her favorite time of day — when she paid the workers and took their photographs, which she would post online, linked to the artwork. It is an effort to make the workers more visible, she said, but also hints at her working-class past.


She grew up playing among the hammers and nails of the hardware store her parents owned in a marginal neighborhood like the one with her factory. She said she always appreciated manual labor and never felt comfortable in an office, even after receiving a law degree.


Textiles had once been a hobby — she used to collect huipiles, the traditional woven tunics of Mexico and Central America — but when she decided to become an artist in 2006, she returned to cloth and sewing. Her work now involves a mixture of textiles and technology. Many of her pieces involve sewn images with circuits that let users push buttons for sounds or displays of light.


Completed works from the mobile maquiladora project, for example, will create the whine of an ambulance siren.


Like many other young artists in the capital, she is trying to push Mexico forward by combining older traditions with the interactivity of social media and open-source software development. She dreams of finding financing for more mobile factories, and her lack of faith in government and industry is matched only by the optimism she expresses when discussing the power of networked youth.


“With technology, everything can be democratized,” she said. “It’s fabulous.”


Still, the human interactions are what she values most, so when Ms. Peregrino suddenly appeared and presented her with a pink plastic bag after being paid, Ms. Muñoz was visibly touched. The two women hugged as Ms. Muñoz put the gift in into the bicycle basket with the megaphone. Only later did she look inside, finding a hand-sewn purple scarf that must have taken days to complete.


Read More..