Author: Brian J. Noggle

Parents of woman killed in sky-diver plane crash file suit:

The parents of a would-be skydiver who died along with five others in a plane crash Saturday [July 29] filed a lawsuit today [August 2] claiming negligence caused the aircraft’s engine to fail.

Vivian and Susan Delacroix of Kent, England, brought suit against the engine manufacturer, skydiving club and others claiming they are responsible for the death of their daughter, Victoria Delacroix, 22.

“Our initial investigation points to a right engine failure just after takeoff,” said Gary C. Robb, a Kansas City attorney representing the family.

Congratulations to the proud attorney who pursued the pursuit of justice to England and probably got the lawsuit file before the body was buried. Not only is he quick, but he’s aggressive with the defendants:

The maker of the PT6A turbo prop engine in the DeHavilland DHC-6 airplane that crashed after taking off from the Sullivan Regional Airport. The manufacturer was Pratt & Whitney, which is owned by United Technologies.

Annick Laberge, a spokesman for Pratt & Whitney Canada division, declined comment today.

“It is our corporate policy not to discuss incidents under investigation,” she said.

The suit also names the Quantum Leap Skydiving Center, which operated the skydiving club; the airport, which serviced and maintained the plane; Adventure Aviation, which owned the plane; and pilot Scott Cowan, who also perished in the crash.

Suing the estate of another victim of the crash. That, my friends, is pluck with a capital F.

Although we at MfBJN wonder how they couldn’t work Thomas Miskel, Bourbeuse River Hauling, and Six Flags into the suit somehow. Perhaps it’s only a matter of time.

(I post this with the plantiffs’ attorney’s name in here understanding that this attorney will find this post–hi there!– next time he or a member of his staff uses Google to find his ‘fan base,’ but the last I heard, calling someone plucky is not actually libelous.)

Woman sues over son’s drowning death during church outing:

The mother of one of the five children who drowned last month during a church outing to an eastern Missouri state park has sued the church and Joyce Meyer Ministries, claiming negligence and inadequate supervision.

The wrongful death lawsuit, filed Tuesday in St. Louis Circuit Court, also said the ministries and its St. Louis Dream Center church did not have parents’ permission to take 50 children to Castlewood State Park in St. Louis County on July 9.

Litigation compounds a tragedy by ensuring that other depressed youth won’t get the opportunity to go to church picnics in the future.

The old man and the six-toed cats: Hemingway home in dispute:

The caretakers of Ernest Hemingway’s Key West home want a federal judge to intervene in their dispute with the U.S. Department of Agriculture over the six-toed cats that roam the property.

More than 50 descendants of a multi-toed cat the novelist received as a gift in 1935 wander the grounds of the home, where Hemingway lived for more than 10 years and wrote “A Farewell to Arms” and “To Have and Have Not.”

The Ernest Hemingway Home and Museum disputes the USDA’s claim that it is an “exhibitor” of cats and needs to have a USDA Animal Welfare License, according to a complaint filed Monday in U.S. District Court in Miami.

“What they’re comparing the Hemingway house to is a circus or a zoo because there are cats on the premises,” Cara Higgins, the home’s attorney, said Friday. “This is not a traveling circus. These cats have been on the premises forever.”

He would have broken a walking stick over his head is what he would have done. Or shot himself, perhaps; our world does not accommodate men of Papa’s stature and temperment any more. Instead, it allows attorneys and government functionaries to live the lives to which they’ve become accustomed, at our expense and at the expense of our mythology.

If my current gig goes south and I ever get tired of not having a real winter in St. Louis and confuse North Carolina for a real northern state, I could get a job proofreading street signs:

Pity the English teacher out for a drive, passing Raleigh street signs.

Russling Leaf Lane? That’s Rustling.

Sherrif Place? That’s Sheriff.

Chinquoteague Court? Misty lived in Chincoteague!

You can’t even scribble corrections in red spray-paint. The city would just scrub them off.

About a dozen Raleigh street signs display words that are flat-out misspelled.

Who am I kidding? There’s obviously no official sign proofreader position in Raleigh.

(Link seen on Triticale.)

Two stories out of O’Fallon, Missouri, today allude to the failures of top-down community planning and optimistically endorse more top-down community planning.

First, we have the story of how small businesses beamed down into New Urbantopias sometimes fail:

Some businesses are doing well. The customers are flocking to the Listons’ neighborhood-style tavern, patterned after the one they used to run in St. Louis’ Dogtown area.

Nearby residents drop in Curbside Cleaners with not only piles of dry-cleaning but also newsy updates about their families and kids for co-owner Donna Stuart. And at the Churchill Coffee Express inside the local branch of the St. Charles City-County Library, owner Robert Tock says he has a loyal group of sippers lining up at his door at 6:30 a.m.

But for other merchants who rely on foot and car traffic and a bit of impulse buying, it’s been a rocky few years.

Late last year, the Boardwalk suffered a major blow when Dave and Kathy Grabis closed their corner grocery market, to the dismay of many loyal customers who considered the couple the mom and dad of the fledgling neighborhood.

“Dave leaving was definitely a downfall for this area,” said resident Gisell Sterner, as she dropped off clothes at the dry cleaners.

It was the second failed retail endeavor along the one-block strip, following the closure of a Roly Poly lunch shop.

Two other small-town mainstays – the ice cream parlor and the pizza shop – both hit hard times early on, and their original owners sold the business to new entrepreneurs who both have watched the car and foot traffic to their shops dwindle in the aftermath of the grocery’s failure.

In January, things didn’t get easier when WingHaven’s free trolley stopped service because of a lack of ridership.

Never fear, though; the central planners are still at it:

Business owners and residents are now optimistic about negotiations under way between an area convenience store owner and WingHaven’s developer – McEagle Properties – to open a market in the same location as the former grocery.

Because the New Urbanists believe the corner market will trump super Schnucks, Dierbergs, and food-slinging Wal-Marts. Because they say so, they continue to push for it. Because if they will it, the citizens will shop there.

In other news, O’Fallon is going to apply for state money to revitalize its downtown:

If all goes as well, it could be O’Fallon’s dream come true.

The City Council gave staff the OK to apply for Missouri’s DREAM initiative program.

Known as the Downtown Revitalization Economic Assistance for Missouri, the DREAM initiative is a new program created through a partnership between the Missouri’s department of economic development, development finance board and the housing development commission.

The goal of the program is to offer technical and financial assistance for communities to more efficiently and effectively start the downtown revitalization process.

Additionally, the program is supported by professionals who are dedicated to help cities rebuild central business districts and shortens the redevelopment timeline, according to DREAM officials.

“What it does it combine existing incentive packages and brings it all under one umbrella,” said Jim Curran, O’Fallon’s director of economic development. “More cities are taking a look at the program that may not have qualified in the past due to medium income or population.”

Leaving aside that the revitalized downtown will probably cause more of the New Urbantopia businesses in WingHaven to collapse, we’re struck again with an instance of the government or other planners trying to induce demand for a service by providing supply of the service. In the case of both the development and the downtown, there’s no one there who needs a small urban grocery or whatever, but the planners want their kitsch, so they’ll spend their own money or our tax dollars to resuscitate faux urban areas.

The original downtowns sprung up where people crowded together to live for commerce, trade, and security. Since we have better, cheaper mechanisms for travel to and from work and commerce, we don’t need the congested areas any more. Those downtowns and their businesses and their housing emerged because people needed it and demanded it. Not because someone decided that the land needed x density of population and y numbers of businesses within walking distance.

And trying to impose such won’t make it so. But it will waste a lot of money in the process.

Radioactive scorpion venom may help treat brain cancer:

The search for cancer cures can at times produce some curious treatments, but the latest study just might stun you.

Neurosurgeons at St. Louis University are among the doctors injecting radioactive scorpion toxin directly into the brains of patients with a deadly brain cancer.

When you think about this and the use of botox for cosmetic purposes, we might be now living in the golden age of intaking deadly substances for medical benefit.

Remember, citizen, your property rights are conferred upon you by your government. As this story illustrates, your government can arrest you and run you out of town at its displeasure at your standards of maintenance:

An inspection found the homeowner in violation of five housing laws. The roof was too worn; the driveway was cracked and shifted; the trim, siding, doors and windows had exposed surfaces from a lack of paint; there was open storage alongside the house and in the backyard; and the posts that once held up a fence needed to come down.

Despite the letter, the violations remained. Court dates came and went. Hordesky didn’t show. In March, the municipal judge issued warrants for his arrest. Ellisville police officers searched for him at his house. No one answered the door, but the back entrance was unlocked. They later went inside and snapped pictures.

The house was deemed a health hazard, and the electricity and gas were turned off. A condemnation notice was stapled to the front door. The city brought in St. Louis County’s Problem Properties Unit, which routinely handles similar cases. Jeff Young and Rehagen, the two inspectors who work the southern half of the county, have a caseload of roughly 135 properties. They encounter hoarders often, but seldom in upscale neighborhoods.

The day of his arrest, Hordesky posted a $500 bond. After discussions with the Problem Properties Unit, Hordesky eventually agreed to sell the house. He recently provided the city prosecutor with a sales contract, and the closing date is in mid-August.

Please, don’t offer defenses of the community here, for we cannot have a discussion. A priori we differ enough that I won’t want to hear exactly what arbitrary standard you feel justifies this government taking.