Types of Underpads Used in Hospitals and Homes

The two primary types of underpad used in hospitals are disposable underpads and washable or reusable underpads. In this article, we will discuss the features of these two types of underpads in more detail. Here, it must be mentioned that although the largest consumers of these products are hospitals and nursing homes, individuals with bed-ridden patients, disabled or elderly individuals or even those with babies at home can and do use these pads.

The disposable underpads as their name suggests, are meant for one time use. They are available in a range of construction types and sizes. They usually contain a waterproof plastic material for the bottom, a middle layer designed to absorb liquid and a top layer made from a soft and comfortable fabric. The middle layer usually houses multiple layers of tissue to absorb fluids. The topmost layer of these units come in contact with the patient's body, therefore manufacturers use materials such as cotton that will make patients are comfortable while using their disposable underpads. You will also come across pieces in which the top sheets are made up of tissues or a tear-resistant spun-bond material that allows for movement without fear of ripping the pad.

There are some disposable underpads carrying top sheets attached to the plastic layer at the bottom by means of an adhesive. Then, there are others with two sides rolled and glued to ensure that the liquid comes out only from the side in case the pad overfills. Experts refer to this process as channeling. The pads adopting this process are known to be more absorbent compared to the other underpads available on the market. You can get all these disposable underpads in a range of sizes; so, purchasing pads that match your body, bed or chair size will be simple.

Now, we will be talking about the washable or reusable underpads. These pieces are classified based on factors such as absorbency, materials, and size. The term absorbency refers to the volume of urine or bodily fluid that an underpad is capable of holding. The material used for crafting the absorbent layer is a kind of absorbing polymer.

The quantity of polymer used and the material's density are two factors that decide how much liquid the underpad is capable of absorbing; Basically, the underpad's urine holding capacity. Here, it must be noted that one should never confuse an underpad's absorbency level with its size. A pad that's large in length and width might not absorb the most urine.

After absorbing the urine, reusable underpads need to secure it in a liquid-proof barrier. This is essential to prevent the urine from soaking through the bedding. These liquid proof barriers are made either of urethane or of vinyl. The vinyl structures, although more cost-effective, are not breathable; additionally; They can take a lot of time to fully dry. The urethane structures are more expensive, but don't have the issues we generally associate with vinyl underpads.

Now, let's discuss the appropriate size of underpads. When buying an underpad, you must ensure that you have at least 6 to 10 inches around your waist ie the target zone. This stands true for both underpad types, disposable and reusable and allows enough coverage to adequately contain fluids. Smaller sized pads are designed for use in chairs and make excellent absorbers in baby cribs or on diaper changing tables. Many hospitals use small pads in bassinets for easy clean up.

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Hospital Inventory Management: Best Practices for Managing Inventory Levels

When dealing with supplies and inventory in hospitals, there are many different practices which management may decide to use to keep track and keep inventory levels on supplies up to date. Which methods and which practices are used in each hospital will depend on: management decisions, the size of the hospital and the amount of inventory which it usually keeps on hand, the type of inventory management which staff has been trained on and is used to dealing with, and whatever other practices which the hospital and management staff believe are in the best interest of the hospital.

Some of the best practices in hospital inventory management are similar to the kinds of methodologies which are used in the production materials management industry. These practices in hospital inventory management generate the same cost reduction and improvements in service levels which are typically seen in the manufacturing industry. In the past hospitals were only interested in managing the material; Today, however, managers and staff are also looking to manage expenses, materials, and the human capital involved to measure inventory levels.

To best manage inventory levels hospitals have to consider the dollars and cents, not just the level of materials they have on hand. Because it is a hospital, and you can never tell what patients will need, it is better to keep higher stock of material just in case it is needed. Many organizations do not analyze the right place for inventory to be kept, how much it costs to keep it, and how much is really required. To properly manage the inventory, all these considerations need to be taken.

Hospitals must also take into consideration the cost of materials, not just the actual price tag. The costs in procuring materials including, ordering and shipping costs, are critical for managers to be able to truly calculate the inventory on hand. Setting up integrated policies for staff to follow is another key. Using centralized ordering systems will help to keep the inventory levels under control. These policies are on ordering limits and times, will keep all staff aware of what is on hand, and what will be needed next time ordering dates come around.

To maintain the best inventory system in hospitals, all aspects from actual amount in stock, to costs involved in storing inventory, to shipping costs need to be considered. For the best practices set policies on ordering, minimum levels to be kept, and all inventory and costs for the entire hospital staff.

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Yoga and Meditation: How It Reduces the Hospital Visits and Changes Your Mind and Body

The yoga and meditation reduces stress and risk for various diseases, improved well-being and a rewired brain. But there are a few experiments to support these claims. A study published in Biological Psychiatry shows that a mindfulness meditation can change the brains of ordinary people and potentially improve their health. The yoga and meditation can curb the need for common healthcare services by almost 50% according to researchers. A regular practice of both you can limit your healthcare costs to yoga classes, healthy food and an occasional homeopathic.

A study reveals that evoking the physiologic state of deep rest or the relaxation response can help alleviate stress and anxiety and also affect the heart rate and blood pressure (BP). This study also finds that programs that train patients to elicit the relaxation response can also dramatically reduce health care utilization. These types of programs can improve wellbeing and could ease the burden on our health delivery systems at minimal cost and at no real risk. This study is done by the Massachusetts General Hospital (MGH) the Institute for Technology Assessment and Benson-Henry Institute (BHI).

A mindfulness meditation demands '' an open and receptive, nonjudgmental awareness of your present-moment experience, '' says J. David Creswell, who is an associate professor of psychology and director at Carnegie Mellon University.
In some studies, some participants receive treatment while others get a placebo. The people are getting different treatment while they are think that they are getting the same treatment. For many years yoga and meditation have been used as an everyday way of life to improve good health and wellness. The both used for thousands of years in the East and increasingly popular in the Western world. The people want to be healthy but they are not aware or educated about how they can change their lifestyle to be healthy. Yoga, prayer and meditation make you health conscious.

In a study, first recruited Thirty Five unemployed people who were looking for work and experiencing significant stress. The brain scans were given and blood drawn was given. Half of the people were taught formal mindfulness meditation and half were taught a sham mindfulness meditation that was focused on relaxation and distracting from stress. The first group paid close attention to bodily sensations and second group was ignore their bodies and encouraged to chatter cracking jokes.

After three days the brain scans showed differences in only mindfulness meditation group. All participants told to the researchers that they feel refreshed and better able to withstand stress. After 4 months first group showed much lower levels of unhealthy inflammation of blood than the second group. The yoga and meditation offers an opportunity to connect within. It can improve our health care system and also improve the quality of our lives. Here it is unclear that how much mindfulness is needed to improve health and have no idea about the ideal time.

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How Hospital Cafeterias Are Increasing Retail Revenue

Hospitals retail areas find themselves under increasing pressure to meet revenue goals

Faced with rising costs and financially challenging times, healthcare organizations are increasingly looking to their retail areas as an additional source of revenue generation. Although hospital foodservices operations are well known for providing patient meals, most if not all are also responsible for the retail side of foodservice operations at their onsite cafeteria, snack bar and or coffee bar. Tasked with growing their revenue contribution to the hospital, many Directors of Foodservices and Cafeteria Managers are taking creative steps to increase patronage. Increasing employee participation, enticing members of the local community, and tailoring their food and beverage offerings to the needs and culinary preferences of patrons are all goals of aggressive foodservices operators.

Grab and Go

In a busy healthcare environment, speed is key! That’s why over the past few years, many hospital cafeterias have redesigned their space to accommodate new coolers stocked with appetizing pre-packaged food choices; ranging from yogurt and fruit parfaits, to sandwiches and salads. These portable food options offer a highly convenient and fast way for busy healthcare workers to quickly grab something to eat or drink while on the run. The pre-packaging also enables staff to bring these items back to their desk or another area for consumption at a place other than the cafeteria. When used with a POS system and bar coded labels, check out of these grab and go items at the point of sale takes only a few fast seconds.

Dining Experience

Many healthcare facilities have renovated their cafeterias to offer a more appealing restaurant-like dining experience to attract employees, visitors and guests. Their goal is to entice hospital workers to remain onsite for lunch instead of seeking off site alternatives, appeal to visitors, and in some cases attract the local community. To accomplish this, Foodservices Directors are not only creating a visually appealing dining area, but also are hiring highly talented and experienced restaurant chefs with a flair for engineering new and delicious menus. Using a POS system with menu item performance tracking gives the chefs a clear picture of which menu items are performing well, and which should be removed from the menu rotation.

Employee payroll deductions

Managed through a Point of Sale System as an employee payroll deduction to be deducted from a future pay check, the ability to make a retail purchase by scanning the employee badge already carried by the healthcare worker is seen to be a valuable benefit and convenience. When employees can present the badge they already carry as a form of payment, they no longer have the need to carry cash or credit cards as they move about the facility. Frequently, this convenience means the difference between having the time to enjoy a delicious meal versus a skipped lunch or breakfast. Cashless payment also translates into an increase in add on food and beverage purchases, when the employee doesn’t have enough cash on their person to cover all the choices they’d like to make.

Credit card processing

It’s not unusual for visitors to find themselves without cash on hand when visiting a patient in the hospital. We are all consumers accustom to paying for most everything with our debit or credit cards, and are therefore quite surprised to find out the hospital cafeteria does not accept credit or debit cards. Although most hospitals offer an onsite ATM, the inability to accept credit or debit card payments translates into a lost sale; and quite possibly a full tray of food left at the checkout counter because the visitor didn’t have a convenience payment option. The checkout process is a big part of the customer experience, so it is important that credit and debit card processing is fast and fully integrated with the cash register operations of the POS system.

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Two Recommended Hospitals in Frankfurt, Germany

Frankfurt, officially known as Frankfurt am Main is the second largest metropolitan area in the country of Germany. Frankfurt is a globally renowned center for commerce, transportation, finance, education, culture and tourism. It is regarded as the second most expensive city of Germany and one of the top 10 most livable cities in the world. This city is very multicultural as 30% of its residents are immigrants. It was also the former headquarter of the U.S. Army in Germany. Visitors can find many modern hospitals in Frankfurt that offer high quality health care at global standards. All the leading hospitals accept major health insurances and provide special accommodations for international patients. Here is a note on some of the better hospitals in Frankfurt.

The University Hospital of Frankfurt located at Theodor-Stern-Kai 7 is a major health care facility in Frankfurt. The hospital offers comprehensive medical service to a large number of patients. Founded in 1914, the hospital now has 25 medical clinics and 25 research institutes. It is one of the most well known centers for various types of transplant and the only designated center for liver and pancreas transplants in the area. The central laboratory performs every kind of test for hematology, immunology and coagulation analysis. Its ISO 9001:2000 certified Institute of diagnostic and interventional radiology is remarkable and offers service in many areas. This is a premier institute for medical education and research. Tel: + 49 69 630 10

Hospital of the Holy Spirit GmbH (Hospital zum heiligen Geist) is another popular hospital in Frankfurt that offers modern and effective health care at an affordable cost. This hospital is regarded as the oldest health care facility in the city with its glorious history of about 800 years. The center offers the complete range of medical services including internal medicine, gynecology, obstetrics, surgery, aesthesia, psychosomatic medicine and pain therapy. The surgical clinic employs some well known surgeons and works under and interdisciplinary consensus. The Women’s Hospital features four birth rooms with a birthing pool, a birth stool, and a waterbed. The hospital has the best emergency care unit and ICUs. The emergency section has 20 beds and features many specialized units for heart attack, renal failure, poisoning, acute abdominal problems and shock. Tel: 069/2196-0

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Importance of Communication in Hospitals

Interaction with the front desk staff generally forms the patient’s first impression of a hospital. Lack of communication is also often the root cause of a majority of incidents that occur in a hospital. In today’s customer focused healthcare scenario, communication plays a massive role in a hospital. Sadly, it is also one of the most common and overlooked problem areas in a majority of the hospitals.

Communication can be a very effective tool for improving patient satisfaction in a hospital. Hospital feedback forms often reflect issues where improper or inadequate communication is the root cause. Long discharge time is a common cause for patient dissatisfaction in most of the hospitals, however, a major cause for disconcert could be that the patient/patient relative were not explained at the onset about the discharge process and the time taken for it and hence expects a discharge the minute the doctor orders it. Similarly, if patients are informed beforehand of the expected time delay and reasons for delay in an OPD, they are less likely to complain about the waiting time and the services at the hospital. Patient Safety is another area which relies to a great extent on communication. Improving effective communication is also one of the patient safety goals. Even a minor mistake during handover between shifts can effect patient safety. Similarly, critical test values need to be communicated instantly to the concerned consultant and in case of a code blue, alerting the code blue team or the concerned personnel is indispensable. In a healthcare set up where a critical test result or a change in the patient condition can be a matter of life and death the importance of communication cannot be emphasized enough.

Some strategies for effective communication in hospitals:

• Soft skill training should be given to staff for better patient handling. Rude staff and inadequate information and attention by staff are frequent complains of patients at the registration and enquiry desk during the peak hours of patient flow.

• The hospital should plan and prepare for communication strategies in situations where enhanced communication is required and train their staff for the same, for e.g. sudden death of a patient, violent patient relatives etc.

It is also important that the patient relatives are periodically updated about the condition of the patient.

• Senior clinical and management staff should always encourage an open channel of communication with staff down the line. There have been incidences in hospitals where patient care was compromised because the nurses were apprehensive to contact the doctor. A good communication culture in the organization also improves employee satisfaction as it improves transparency and increases accountability.

• Good intra and inter departmental flow of information is essential to improve the efficiency of hospital services. Quality indicator trends, audit results and patient feedback results should be communicated down the line to the concerned staff down the line, without which the activity is useless.

External and internal communication play a major role in a hospital set up where timeliness, adequacy, accuracy, completeness of information could play a vital role in avoiding errors and saving a life. At the end of the day, however good the clinical care given it will be useless if it is not communicated appropriately to the patient.

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Car Shopping: Ways To Get The Automobile Of Your Respective Ambitions

Are you unclear about yourself when shopping for an automobile? You may feel as if you got conned before. This is why you must not assume that the vehicle salesman can be your buddy. Read on to discover more ideas. Do not permit a salesperson sell you with a vehicle you can’t genuinely afford to pay for. Regularly, people are talked into purchasing a sports car once the salesman shows them how great they search in it. Recognize that a person selling you the vehicle has an interest in commission payment, when they sell a costly vehicle, they get compensated a lot more. Check on the web for deals. Some of the finest bargains are available on the net. Once you have located the right car, you may drive to the dealership providing the motor vehicle or go to your car dealership and have them purchase the car for yourself. Obtain the dearest dependable dealership to save cash on gasoline. Usually do not go auto buying by yourself. Given that they aren’t the one generating the final decision, they could possibly help you avoid an agreement that isn’t the best to suit your needs. They can be anybody from your Mum into a colleague.

Have discussions with all those you understand the things they may possibly know personally. How can they enjoy the autos they own? Do they really really feel they paid out a good cost? Have they heard about some other autos that may be far better? When you would like to buy an automobile, this can be one method of getting some important info to help you get started out. In no way reveal the trade-in, everything you have lower, or what you wish until you have a cost ironed out. All those are items that need to further decrease the very best cost obtained. This should help you get yourself a much better bargain. Don’t consider about getting an auto coming from a car dealership. You could be shocked to discover the vehicle you want is easily offered by a non-public proprietor or tiny great deal. Check out on the internet or perhaps in classifieds to get autos available for purchase in your area. Analyze an auto by renting a similar brand name. Rent the automobile for any Saturday and Sunday to truly discover how the auto pushes. Continue a long road escape to see how the auto appears approximately the misuse. It will help you feel a lot less anxious when selecting the car. When you want to purchase vehicles, you must have a friend together with you that has very little fascination with your car acquire. A great friend can steer you away from producing an emotional or impulsive decision. You must go on a friend with you when shopping to enable them to support. Check with the dealership to let you possess the automobile examined through the technician you possess.

This auto mechanic should be 1 you can rely on. Avoid using the dealer’s mechanic. He or she can provide a wise idea of in which the vehicle holders. Do not purchase a second hand car without doing some investigation. It really is possible to use certain web sites to find out the need for a vehicle. In order to find out of the amount of a vehicle, go ahead and use NADA or Kelly Glowing blue Publication. In the event the dealer attempts to get additional than what these options say, leave. Each and every salesman which you experience could have an alternative individuality. Despite the fact that auto sales representatives are renowned for employing high-pressure strategies, these methods are losing performance. An increasing number of car dealerships now realize that if they do not drive buyers, the customers will probably be happier and can get back to provide them with a lot more business. Tend not to think twice to walk far from an overbearing salesman. You can actually get a more sympathetic salesperson. Mileage and fuel overall economy needs to be important factors when shopping for a fresh vehicle. It can be more expensive to acquire a gasoline efficient auto, but you’ll save more after a while. Consider this when you’re thinking of getting a brand new automobile and think about your financial budget long lasting as well.

Will not search for a dealer just before performing some investigation into it. Make queries to find out if existing customers are satisfied. Also, you can examination this department to determine if these are on his or her video game. Stick to a car dealership that has knowledgeable staff on hand. If you discover out it comes with an advertising and marketing cost inside your car’s price, notify the car dealership to eliminate it. You must not be accountable for that. When they demand, threaten just to walk. They are going to stop you and present in. Be sure you look for discounts ahead of obtaining a motor vehicle. A lot of auto product sales places offer you a rebate to create the selling just a little quicker in the end. Car dealerships that aren’t that ethical may not even tell you about this rebate and get that cash without the need of at any time telling you about it. You don’t have to accept the first offer given to you. Unless you consider you will get a good price you possibly will not be. You should work out. As a result, you need to utilize the techniques specified herein in case you are to achieve genuine good results.

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Mustang Performance Parts – Maximizing Performance

Automobiles are considered as one of the biggest industries of the world, as automobiles are nearly used by every common man. The field of automobiles is very popular yet it is full of competition and it's all about innovation and creativity. Ford Motors have their own name in the field of automobiles and they are known as the king of racing cars in the field of Automobiles.

Mustang is a brand of automobiles which was launched by the Ford Motor Company. In the beginning it was established and based on Ford Falcon, a compact car. The Ford Company started the production of Mustang in March, 1964 at Virginia, USA and launched it in a very big exhibition at New York World fair.

Mustang started producing the pony cars, which become very famous in USA. They gave a very tough competition to their peers, like GM, barracuda and others. Mustang also launched many coupes which were exported by America.

Nowadays, there is a very big name of Ford Mustang due to its performance, as it is one of the most favorite cars of the racers and. All the models of Mustang provide you the opportunity to run your normal car at a very high speed. The performance of Mustang cars is due to their performance parts.

After launching the Mustang new models, Ford Motors also launched many additional products in the market for mustang lovers. It's a common trend to make a car faster than others and these performance components precisely serve this purpose. Modifying your car by adding these parts will give you better performance and good results.

There are many performance accessories to upgrade your car but the important and major parts are as following:

1. Exhaust Pipes
2. Mustang Exhaust
3. Mustang Headers
4. Mustang Intake
5. Mustang Pulley

These five are the main parts which are necessary to upgrade your car. Because all these parts directly affects the performance of your car, so if you want to make your car faster and speedier, then always take care of all these parts.

Mustang is now offering a wide range of functional parts. Each of these parts has their own abilities and each part is necessary in affecting the car's performance. The Ford Mustang Exhausts are very common and are the most favorite parts of the racers. The latest exhausts are very big and have tendency to increase the acceleration and shoot of the car. It also gives a fabulous look to your car.

Mustang Intakes are also very good from the aspect of performance. These intakes have capability to work twice a time more than the ordinary intake. These intakes are exclusively made for the Mustang vehicles and give performance. These intakes have the latest technology which never heats up the engine.

Ford Motors launched several vehicles of Mustang but the vehicles of fifth generation of Mustang had outstanding results. Racing vehicles of mustang from 2005 to 2008 also showed greater results when compared to the older ones because these additional performance enhancing parts were installed in these cars.

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Automobile Accident Litigation: Overturning the Unfavorable Police Report

Introduction: The Police Report is against your client. Now what? Over the last sixteen years of practicing personal injury and automobile accident law, it has been our experience that the quality of traffic accident investigations has steadily declined, leaving many injured people further harmed by a poor or incomplete police report. The reasons are as follows: government budget issues, poor police officer training, and a lack of commitment to performing a complete accident investigation. Certain well meaning police officers are just not qualified to investigate a complicated catastrophic car, truck or pedestrian injury or death case.

If the police report is against your client an insurance adjuster may not want to make a reasonable settlement offer. As a result the case may be difficult to resolve in a positive way for an injured client. A lawsuit may need to be filed and depositions of the witnesses, drivers, and investigating police officers taken to rebut the police report’s conclusion. If the facts can be developed, it is the attorney’s job to show the insurance adjuster, a judge or jury that the police officer got it wrong.

As we unpack the issues involved in overturning the unfavorable police report we will be discussing the following topics:

A. What is a Traffic Collision Report?

B. Who Has Standing to Obtain a Copy of the Traffic Collision Report?

C. Is the Primary Reporting Officer’s Opinion Admissible at Trial?

D. Are the Witness Statements Within a Police Report Admissible at Trial?

E. Proving the Primary Reporting Officer’s Opinion Is Wrong.

A. What is a Traffic Collision Report?

The Traffic Collision Report or CHP 555 is the standard reporting tool for most all police officer traffic investigators in California. It is intended to satisfy the basic data requirement needs of all users of traffic collision information.

The box on page 2 of the CHP 555 identifies the Primary Collision Factor. Primary Collision factor is defined by the CHP as; “PRIMARY COLLISION FACTOR. Select the one element or driving action which in the officer’s opinion, best describes the primary or main cause of the collision. Whenever possible, this should be a Vehicle Code (VC) violation.”

The term Other Associated Factor is defined by the CHP as; “OTHER ASSOCIATED FACTORS(S). When a secondary violation has been determined to have contributed to the collision, write the VC section in the appropriate box.”

B. Who Has Standing to Obtain a Copy of the Traffic Collision Report?

Drivers involved in car accidents are required by statute to file reports with the California Highway Patrol or local police department, Vehicle Code section 20008. People with a “proper interest” can obtain copies of a police report, Vehicle Code section 20012.

The parties involved in the accident or any other persons having a “proper interest” may obtain copies of a police report. This includes persons involved in later accidents at the same location because the reports may disclose highway conditions causing or contributing to their own accident. See, California ex rel. Dept. of Transp. v. Sup.Ct. (Hall), 37 C3d at 855.

C. Is the Primary Reporting Officer’s Opinion Admissible at Trial?

There are two distinctions regarding admissibility. First is the admissibility of the report itself. The second issue is the admissibility of an officer’s ultimate opinion or conclusion. These are both separate and distinct evidentiary issues.

California Vehicle Code section 20013 states, “No such accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident. The rule against admitting police reports into evidence is well established, Fernandez v. Di Salvo Appliance Co, 179 Cal App 2d 240; Summers v. Burdick 191 Cal App 2d 464 at 470. The policy behind Vehicle Code section 20013 is to protect against the danger of the jury giving more weight to the police report’s conclusion simply because of its “official” character. There is a danger that the “official” police report alone may be relied upon to determine the verdict. As a result the contents of a traffic collision report should be excluded. Sherrell v. Kelso 116 Cal App 3d Supp 22 at 31.

However a police officer witness disclosed in conformity with a California Evidence Code section 2034 demand, who also qualifies as an expert witness, with sufficient experience and training, may give an opinion on the factors involved in causing an accident. Hart v. Wielt 4 Cal App 3d 224. In Hart a 13 year veteran of the California Highway Patrol, with extensive training and schooling in accident investigation was allowed to given an opinion on the proper speed given the conditions. The case involved a vehicle which slid out of control while maneuvering a sharp curve on State Highway 32 going towards Chester. Before the officer gave his opinion on speed the trial judge admonished the Jury that it was up to them to make the final determination of a proper speed and also whether or not the CHP officer was qualified as an expert witness.

In the case of Kastner v. Los Angeles Metro. Transit Auth 63 Cal 2d 52, a police officer deemed qualified by reason of his special knowledge, training and experience was allowed to give an opinion on the point of impact between a bus and a pedestrian. The opinion was based almost entirely on a statement given to the officer by the defendant bus driver at the scene. The bus driver testified at trial identical to the statement given to the police officer at the scene. This removed any argument that the officer’s opinion was based on inadmissible hearsay. The Supreme Court in Kastner acknowledged that the trial judge must first determine whether or not the jury is aided by the expert opinion or if the question is within the common experience of an ordinary person, hence and expert’s opinion would not be necessary, see Kastner at page 57.

In summary, the hard copy of the police report itself stays out of evidence. However if the foundation is present for an expert opinion from the police officer, the ultimate opinion in some form may find its way into evidence. But first the offering party must establish the subject of the opinion is sufficiently beyond common experience, the police officer has the appropriate qualifications, and the opinion is based on reliable evidence, see California Evidence Code sections 720 and 801.

D. Are the Witness Statements Within a Police Report Admissible at Trial?

Generally police reports contain statements of plaintiff, defendant, and non-party percipient witnesses. Whether or not these statements are admissible depends on whether or not they are hearsay. California Evidence code section 1200 states, “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.”

What is admissible? Most commonly statements in police reports made by the plaintiff or defendant will come into evidence via an established hearsay exception. Admissions from a plaintiff or defendant are the most commonly relied upon hearsay exceptions, Cal. Evidence Code Sections 1220-1227. Also statements of a non-party percipient witness may come into evidence as impeachment if the witnesses’ statement at trial is shown to be inconsistent with a statement given to the police officer, California Evidence Code section 791.

E. Proving the Primary Reporting Officer’s Opinion Is Wrong.

They key establishing a factual showing that the police officer got it wrong is a complete investigation of the foundation of the officer’s opinion. For accidents in congested urban areas it is common for an investigating officer to only speak to the one or two witnesses who are willing to wait around at the scene and talk to the officer. When a witness sees that other people have come forward to volunteer as witnesses, most people simply leave the scene thinking they are not needed.

Some witnesses that are actually spoken to by a police officer are only spoken to for a short period of time, in an abbreviated manner that leaves out critical details of how the witnesses’ attention was drawn to the accident, what they actually saw versus what they think may have happened. The typical police officer statement is a summary of what was said to the officer. An oral witness statement is noted by an officer in his notebook. These notes are then transferred into the typed up police report. The typical police officer procedure for taking and documenting witness statements is much less reliable than a taped audio recording of a witness. It is important to contact witnesses in the police report to determine the accuracy and foundation for the statements attributed to them by a police officer.

How do you find the witnesses who are not identified in the police report? The keys to finding additional witnesses are as follow: post signs in the surrounding area of the scene; return to the area and ask local store owners for the names of anyone they know may have see the event; look for surveillance videos that may have caught the collision itself on video; and secure the computer aided dispatch (CAD) printouts or audio recordings of the people calling in to report the accident via their cell phones. The CAD records will show the phone numbers for all of the people calling into the 911 dispatch system to report the accident. Many of these callers are good percipient witnesses whose names are not in the police report.

Any good accident investigation is not complete without a thorough accident reconstruction. In pedestrian injury cases a good time distance analysis of what the driver should have seen, at what distance from the point of impact, over what time period may be revealing. With known or estimated driving speeds an expert may be able to back up a driver’s field of view (line of sight) and determine if the driver reasonably had enough time to stop prior to the point of impact. It is extremely rare for an investigating police officer to conduct a time distance / sight line analysis, to determine whether or not a reasonable driver should have avoided the collision. A complete accident reconstruction is expensive. Think about whether or not a complete accident reconstruction is feasible given the damages involved in the case.

Conclusion: When confronted with a police report that is against your client remember the following. A police report is just a summary of the facts taken in an abbreviated manner and collected over a short period of time. Often the report is incomplete, misleading and lacking in factual foundation. If you believe in the case; do not stand down just because the police report is against your client. Conduction your own investigation and make your own determination of the extent of any driver negligence.

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Automobile Dealerships – Out of Trust – Keepers

The Necessity of a Keeper

When a lender feels its security is in jeopardy, it frequently places a keeper in the dealership. This action is usually precipitated by the lender losing its "comfort level" with the dealer.

While many dealers interpret the placing of a keeper in their dealership as a hostile action on the part of the lender, their reaction is based more upon emotion than logic. The lending officer works for a corporation and the corporation is owned by shareholders. The officer has a duty to the company and to the shareholders to protect their security.

"The act of (a lender) in placing its representatives at the plant of its debtor reflected only the natural instincts, interest and solicitude of any other creditor then in its position, and (the lender) is not on that account alone to be penalized by being declared the principal. " Commercial Credit Co. v. LA Benson Co., Inc. 184 A. 236, at 240 (Md. 1936).

See too: Cosoff v. Rodman (In re WT Grant Co.) , 699 F.2d 599 (2d Cir.) Cert. denied, at: 104 S.Ct. 89 (1983) where the court said the banks would have been derelict in their duty to their creditors and stockholders if they did not keep a careful watch on the debtor.

The lending officer did not wake up one morning and decide it would be a good idea to put a keeper in the dealership. In the typical case, the dealership had either been experiencing financial difficulties for a period of time, or a series of floor checks revealed the dealer had "sold and unpaid" vehicles of such an unusually high proportion to monthly sales, that the lender classified the vehicles as being sold out of trust. In either situation, a prudent lender must view the dealer from a different perspective.

No one can predict what a person will do under the continued pressure of serious financial difficulties. By the time a lender puts a keeper in a dealership, the burdens the dealer is shouldering have been growing for some time. The dealer usually does not fully comprehend the extent of the strain under which he or she has been functioning; but, when one faces numerous negotiations with creditors, endless days of chasing cash to make payroll and pay bills and does not have enough cash to purchase and keep a good trade, one's judgment becomes clouded. An experienced lender knows that a normally rational person can do most anything when placed under a sufficient amount pressure, for a sufficient amount of time.

When the keeper appears, the dealer rather than being vengeful or hurt should realize the dealership needs professional help and seek it. There are many ways to continue operating a dealership with a keeper and to resolve the situation, re-capitalize the store, or sell the dealership at a fair price, vis-à-vis a fire sale.

In most instances, a keeper is placed in a dealership upon the mutual consent of the dealer and the finance company. At the meeting preceding such an action, it is wise for the parties to identify, agree to and understand the specific duties and corresponding actions, of the keeper.

The Keeper's Affirmative Duties

Although the primary concern of the keeper lies in the care and custody of the floored vehicles, in most instances the lender also holds a security interest in all or part of the dealership's assets. Consequently, the keeper will want to be and should be aware of the dealer's attitude towards assets other than the floored vehicles and should report to the credit company any indication on the part of the dealer to dispose of any such assets.

The keeper, usually more than one person, will be at the dealership every business day from the time the first employee arrives, until the last employee leaves. The keeper should be responsible for:

(1) The condition, location and security of the pledged assets;

(2) Keeping the vehicles':
a. Ignition Keys
b. Dealer License Plates
c. MSOs and / or Invoices and other documentation required to transfer title.

(3) Being present when the mail is opened;

(4) Taking custody of the cash and checks;

(5) Taking custody of the unused check stock;

(6) Supervising preparation of the bank deposit and agreeing upon whom will make the deposit;

(7) The disposition of proceeds on contracts of sold vehicles, to be sure the money gets to the proper parties;

(8) Arranging for third party finance companies, which purchase the dealer's contracts, to include the lender's name on proceeds checks, or, in the alternative, to refuse to permit the dealer to contract a sale to other finance companies;

(9) Being responsible for protecting the vehicles after the dealership closes; if the vehicles cannot be blocked from exiting the facility, via a fence and "blockers", a security guard should be hired;

(10) Establishing a means of maintaining a running, daily, or semi-daily, inventory control of unsold vehicles. Only one vehicle at a time, for which the lender has not received payment, should leave the dealership, whether of not that vehicle is floored;

(11) Being aware of the activities in the Parts Department and its employees.

Courts have approved of lenders controlling the release of the bank's collateral, depositing all accounts receivable in a special banking account and requiring the counter-signature of the bank's agent for all payments from the special account [ Ford v. CE Wilson & Co. Inc. , 120 F.2d 614 (2d Cir. 1942)], receiving regular reports on the accounts payable activity, receiving estimated weekly expense budgets [ Edwards v. Northeastern Bank , 39 NC App. 261, 250 SE 2d 651 (1979)], proffering advice to the dealer, even coupled with a decision to withhold credit [ In re Beverages International, Ltd. , 50 Bankr 273 (D. Mass 1985), requiring the debtor to hire a consultant acceptable to the bank in the management and sale of the company, requiring the debtor to implement a lockbox with respect to its receivables and requiring certain individuals to pledge their stock in the debtor, to the bank [ In re. Technology for Energy Corp , 56 Bankr. 307 (ED Tenn. 1985).

Acts a Keeper Should Not Perform

If the work-out plan ever deteriorates and / or the relationship becomes hostile between the lender and the dealer, or creditors or employees of the dealer, the keeper's will come under the scrutiny of a court. In such a case, those actions could be the beginning of a basis of liability or exoneration for the lender. In order to best protect the lender, the keeper should be aware of the following:

(1) The lender has an affirmative duty not to unnecessarily, maliciously or promiscuously disclose the financial condition of its debtor and any unauthorized disclosure could be a basis for both compensatory and punitive damages. Rubenstein v. South Denver Nat'l Bank , Case No 86CA0840 (Colo. 1988);

(2) Participating in board meetings and exercising decision making authority with respect to the day to day operations of the business could make the lender liable for all of the debts of the debtor. Lurgen, Liability of a Creditor in a Control Relationship With Its Debtor , 67 Marq. Law Review 523 (1984); See too: Restatement (Second) Agency, Section 14-0, Comment "a";

(3) Evidence of personality conflicts with the borrower could support a bad faith claim by the debtor. KMC v. Irving Trust Co. , 757 F.2d 752 (6th Cir. 1985)

(4) Making threats which the lender is not prepared to carry-out, may support a fraud action against the lender. State Nat'l Bank of El Paso v. Farah Manufacturing Co. 678 SW2d 661 (Tex. App. El Paso 1984).

(5) Misleading a lender who intends to refinance the debtor, as to the debtor's financial condition may result in liability to the third party lender. General Motors Acceptance Corporation v Central National Bank of Mattoon , 773 F.2d 771 (7th Cir. 1985).

Note too: while a factory does not seem to owe a duty to protect a lender's floor plan status, to inform the lender of the fact that the dealer is going to sell, there is a triable issue of fact as to whether or not the factory has a duty to disclose the foreseeability of the dealer going out of trust. Beneficial Commercial Corp. v. Murray Glick Datsun, Inc. 601 F.Supp. 770 SDNY 1985).

Procedures for Handling Insurance and Service Contract Monies

Some lenders have experienced staffs, which understand the above issues and problems. In any case, the dealer should be aware of them and should open new trust accounts. The accounts should be opened at a separate bank, in order to avoid any misunderstandings. If the lender wishes to audit these new accounts, that is fair. If a lending officer threatens to penalize the dealer for protecting the customer's money, he or she is being unreasonable and the dealer should ascend the chain of command until reason prevails. If reason does not prevail, the dealer has hard evidence of the lender creating an untenable position, which evidence may prove useful at a later date.

The handling of the premiums for life, accident and health insurance, and for service contracts, does not create a problem, if a routine is established. Always, with respect to insurance premiums, and usually with service contracts, the sale is covered under a security agreement. The lender and dealer should agree that all "time sales" will be restricted to the lender, unless a third party financing company agrees to put the lender's name on the proceeds check, which usually does not happen.

When a time-sale is being arranged, advance approval of the lender is should be required. Subsequently, when the contract is offered to the lender for purchase, the lender should deduct the amount necessary to release the flooring. If the proceeds of sale are insufficient to clear the flooring, the keeper should have already deposited the cash down payment, and / or have taken possession of the title to the trade-in.

The proceeds of sale, in excess of the flooring, are given to the keeper, who supervises the deposit of the service contract and insurance monies to the trust account and the mailing of the premiums companies to the appropriate insurance companies. If possible, the pay-off for the traded vehicle is also made from the general account of the dealership.

The above process, while time consuming, is necessary. The parties should appreciate the understanding, patience and cooperation needed from each other in order to make the operation run smoothly. If either the keeper, or the dealer, has a problem working with the other, the problem should be discussed with the keeper's superior and resolved, or a new keeper assigned.

Procedures for Handling Payroll Monies

With respect to payroll monies, the dealership should continue with separate payroll account and the lender should agree to permit a payroll large enough for sufficient personnel to run the dealership in order to complete whatever stage of the work-out plan the parties have reached. If the dealership is winding-down sufficient payroll should be allowed for a "skeleton crew" to prepare the dealership for sale, or closing. Equipment will have to be guarded and maintained. Secretarial and accounting work will have to be completed. With respect to sales people, although they do fall within the minimum wage laws, they only get paid a commission if they make a sale and, if they do, they probably will have sold the asset for more money than the lender would get at an auction. The source of funds to cover the dealership operations is discussed in the next section.

Commissioned Salespeople

As mentioned, the commissioned salesperson gets paid a commission if and only if a contract for the sale of a vehicle cashes. They represent the best means of obtaining full value for the lender's security. Consequently, the lender, regardless of its security interest, would probably be wise to subordinate its interest to the extent necessary for the sales people to earn a reasonable commission.

Closing a dealership is covered in another article. At this point, it is enough to mention that a lender, liquidating foreclosed vehicles, would have to deduct transportation, insurance, storage and auction fees from the forced liquidation sales prices of any vehicles it sold, before receiving any monies itself. Therefore, the amount of a salesperson's commission for selling vehicles, net of the foreclosure costs, would appear to be a good investment, on the part of the lender.

An interesting question arises as to whether or not the lender has an implied duty, knowing the sales people are liquidating the inventory for the benefit of the lender, to inform the sales people that it, the lender, intends to keep all of the gross profit from the sale; and, further, if the lender, knowing it does not intend to allow the sales people to be reimbursed for their efforts, says nothing, do the sales people have an action against the lender?

In any event, the payment of employees (salaried or commissioned) should be made by the dealer from a separate payroll account. The account should be funded under the supervision of the keeper, but the lender's employees should not participate in distributing the funds. Note: Participation in distributing the company payroll could make the lender liable for taxes. 26 USC 3505 and 6672.

Division of the Discretionary Income

Vehicle Income

If a lender maintains a security interest in the dealer's vehicle inventory and if the dealership has collected and spent money for vehicles which have been sold, without reimbursing the lender for those vehicles, then the dealership's gross profits from all future vehicle sales should be applied to reduce the number of sold and unpaid units. The cash profits from such sales should be applied immediately to the lender's debt, such as vehicle gross profit, finance and insurance commissions and service contract profits. Factory rebate money and incentive monies should be assigned to the lender and applied to the borrower's debt only upon receipt of the actual cash.

Service Department Income

Unless the dealership is averaging a 100% service absorption rate of its fixed overhead expense, which is unlikely, trying to operate a dealership on the service department's income will be difficult, if not impossible. If the lender is unable or unwilling to allow these monies to be applied to the general operating fund of the dealership, it means the lender has decided to close the dealership, whether it believes so or not.

The service department monies include gross profits from parts, service, labor and the body shop, if the dealership has one. The percentage of all fixed overhead expenses covered by this profit reversing the dealership's absorption rate.

If the dealership is being sold or closed, these monies should be used to complete the payrolls necessary to accomplish an orderly transition or liquidation.

As always, consult with a qualified attorney whenever dealing with out of trust situations.

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