SE THIS M DENIAL BEER, OF PROOF
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But the people in this town were just as interesting as the wildlife. Because they’re so far removed from the hustle and bustle of city life and urban living, the typical news we see or the issues we get all tied up in knots about don’t affect them. They only care about having enough food to last the winter and whether or not their homes are bear-proof. Seeing these folks and experiencing the pure wilderness of Alaska gave me perspective, and I think it’s a frame of mind you don’t get until you leave “civilization” for a bit. There’s always so much going on around us that we can’t truly appreciate many worldly wonders unless we break away from human-created cities or routines. These forests, rivers, lagoons, or even bears are not tarnished by people. They continue their own natural processes today, just as they have for thousands of years. It makes you realize that much of the nonsense we worry about today doesn’t really matter. The more pampered and spoiled we become, the more we seek out conflict and fight about things that don’t even make sense. I felt this separation from the nonsense once my family and I removed ourselves from it and lacked all other distractions aside from ourselves. Everything else fell away except the one big, wonderful wilderness before us and each other. The time we spent together became so much more meaningful when we were surrounded by nothing other than natural elements. I write all of this because Sept. 4 was Natural Wildlife Day, and the holiday got me thinking of just how important it is to take time away from the hustle and bustle of life and head outdoors to regain that grounded perspective. I don’t know when our next wilderness trip will be, but I will certainly start planning as soon as I can. Have you taken any wilderness trips lately? I’d love to hear about them! Email me at BriefRecess@jpricemcnamara.com with any stories or pictures from your time in the wild!
blood alcohol level above the limit for permissible operation of a motor vehicle in the jurisdiction where the loss occurred, regardless of whether the person: (a) was operating a motor vehicle, and (b) was convicted of an alcohol-related offense.” Lisa testified that she and George attended a nearby family barbecue from 4:30 p.m. until returning home together at 9:30 p.m. At the barbecue, George drank three 12-ounce light beers. When they got home, their power was out, so they sat outside on their patio to stay cool until 11 p.m., where George had three or four more 12-ounce light beers, before deciding to go inside to bring their dog and cat outside. The power was still out at that time. George approached the darkened outside landing of the door to the house, located at the top of a stairway that led down to their basement, and opened the door. As he took his first step down, Sinbad, mostly black in color, came running up the dark-carpeted stairway. In an attempt to avoid kicking or stepping on the cat, George tripped and fell down the stairway. Sinbad was a bit shaken up but okay with eight lives left. Lisa testified that the amount of alcohol George consumed that night was routine for him on a Saturday, and he was very tolerant of such an amount. He showed no signs of slurred speech, unsteady walking, or any other signs of intoxication when he tripped over Sinbad. We presented Lisa’s testimony, the testimony of others at the barbecue, photos of the dark stairs and black-furred Sinbad, records of the power outage, and the opinion of a toxicology expert on the tolerance and causation issues. Our expert didn’t go so far as to say that more likely than not, alcohol was not a contributing factor, but he convincingly opined that under the undisputed facts (again, only two living witnesses, with Sinbad pleading the Fifth), no toxicologist could reasonably determine that the accident could not have happened in the absence of alcohol. With Prudential bearing the burden of proof on its exclusion, and the policy exclusion requiring a causal link between the alcohol and the fall, the ERISA Plan Appeal Administrator reversed the Initial Claim Administrator’s denial of the claim. Widow Lisa got her deserved benefits, for which George had paid the premium for years to protect her.
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