The Mundane Situations of Chestnut + Hazel # 7







all the bananas became
some kind of mango the way
chicken eggs became some kind
of caviar or something

and when the pumpkin
seeds were planted they
would not take root
and when the wheat fields

were reaped they
in fact produced no
yield even worse than
dividend aristocrats
that suddenly produce
no yield

so horrible 
so very bad
and so very rotten 
and it was
not a very good thing

it was a very
bad 
thing

so i decided to put forward
a new shareholder proxy 
item after holding 
twenty-five g-units
of the requisite value of shares

and

i wrote deep in the money covered
calls so it  really it felt like it
was more like
twelve and a half g-units and
someone else had the other
twelve and a half g-units in 
intrinsic value 
so

well and yeah I held it for twelve
full months and basically the proposal
i put forward was something better
than anything anyone could have 
imagined

i'm no longer in really so 
spectacular a mood and
really not enjoying
the day

So. These paragraphs are actually 
going to appear in no particular order.






Cooking is one of those things I really don't like doing. I made rice, and. half of it is something like eating rocks, and the other half seems like cream of wheat. I went out to get pods for my vape pen, and the vape shop wasn't open. so I figured I would get groceries instead. I saw a sign that said Aldi's, and I know that place is cheap, so I went there, toward the sign, rather than Walmart, but Aldi's wasn't open. meaning, it isn't fully constructed yet. the store is still being built. the problem is that back-tracking back to Wal-Mart would take as long as driving all the way home. the road medians are kind of a headache in this area.

anyway. thank god for president's day. I don't. i need an extra day this weekend.

Thank god for president's day. For this post. Newer paragraphs are at the top of the post, rather than at the bottom. usually a new paragraph is added below all existing or previously existing paragraphs. in this case, new paragraphs appear above older paragraphs.

I don't know why I'm still working on this. It thinik I'm just. Finally going to get it done today. 2 pages or even three pages doesn't really translate into 5 minutes very easily. I'm starting to get frustrated with this.

Another. 20 or so outtakes trying to do my case brief video. it still seems kind of rehearsed, and unnatural. 

and it's still not 5 minutes. I think I did a read through and it was not five minutes, like 3 and a half.

the case that I'm briefing is 

Wulf v. Bravo Brio Restaurant Group Incorporated 
2019

The parties to case are 
 
The estate of roland wulf
and
Bravo Brio restaurant Group, Incorporated

in this case
The estate of roland wulf is appealing a
trial court summary judgement decision
in favor of bravo brio restaurant group

the facts of the original case are that

according to wulf
he was on his way to the restroom
when someone bumped into him,

he ended up falling and breaking his hip

wulf said that he did not see who bumped into him
nor did anyone in his party witness the incident
but he states that when he got up
a woman in a bravo uniform
apologized for bumping into him.

the estate of roland wulf was established 
before the 
conclusion of the trial court case 
and resumed the case in his stead

the issues in this case are

the doctrine of respondeat superior, and 
whether or not an employee
needs to be specifically identified
in order for an employer to be held liable for
the negligent behavior of an employee

the open and obvious doctrine, and
how static hazards are distinct from dynamic
hazards

and whether or not it was appropriate for the trial court
to grant a summary judgement in favor of bravo brio restaurant group

The appellate court ruled

that an employee does not need to be
specifically identified
to establish liability under the doctrine of 
respondeat superior

that the open and obvious doctrine applies strictly to static hazards

and 
that the trial court granting a summary judgement in favor of
bravo brio was not appropriate

in the appellate court's opinion, powell writes that 

it is 
not necessary for a plaintiff to name or to specifically identify an
employee for liability to be established under the doctrine of 
respondeat superior

the appellate court points out that in the cases cited by
bravo brio, the employees 
happen 
to be identified, 
but the cases
cited did not establish that negligent employees 
must be 
identified

and the appellate court also found no compelling reason to establish
such a requirement
 
the appellate court also ruled that

the open and obvious doctrine only applies to static hazards 
and that a 
separate duty exists related to dynamic hazards, 
and that duty: is a duty not to conduct 
and expose invitees to negligent activities.

with respect to the trial court's decision to grant a summary judgement
in favor of bravo brio, 

the appellate court
determined that it was not appropriate for the summary judgement to be granted.
 
a summary judgment is only appropriate when there is no issue of material fact,
 
but the trial court largely 
excluded many pieces of material evidence introduced by the plaintiff, 
and the appellate court also determined
 
that the evidence entered was not 
viewed in a light favorable to the non-moving party, in this case, the plaintiff.  

the appellate court concludes the case

by having the trial court's decision reversed and remanded. 
considering that there is no subsequent case history after the appellate court's 2019 decision,
the professor suggested that the case was probably settled.

the case that I'm briefing is 

Wulf v. Bravo Brio Restaurant Group Incorporated 
2019

The parties to case are 
 
The estate of roland wulf
and
Bravo Brio restaurant Group, Incorporated

in this case
The estate of roland wulf is appealing a
trial court summary judgement decision
in favor of bravo brio restaurant group

the facts of the original case are that

roland wulf suffered an injury while dining
at cucina italiana
in west chester ohio

according to wulf
he was on his way to the restroom
when someone bumped into him,

he ended up falling and breaking his hip

wulf said that he did not see who bumped into him
nor did he see the incident
but he states that when he got up
a woman in a bravo uniform
apologized for bumping into him.

the estate of roland wulf was established 
before the 
conclusion of the trial court case 
and resumes the case in his stead

the issues in this case are

the doctrine of respondeat superior, and 
whether or not an employee
needs to be specifically identified
in order for an employer to be held liable for
the negligent behavior of an employee

the open and obvious doctrine, and
how static hazards are distinct from dynamic
hazards

and whether or not it was appropriate for the trial court
to grant a summary judgement in favor of bravo brio restaurant group

The appellate court ruled

that an employee does not need to be
specifically identified
to establish liability under the doctrine of 
respondeat superior

that the open and obvious doctrine applies strictly to static hazards

and that the trial court granting a summary judgement in favor of
bravo brio was not appropriate

in the appellate court's opinion, powell writes that 

it is 
not necessary for a plaintiff to name or to specifically identify an
employee for liability to be established under the doctrine of 
respondeat superior

the appellate court points out that in the cases cited by
bravo brio, the employees 
happen 
to be identified, 
but the cases
cited did not establish that negligent employees 
must be 
identified

and the appellate court also found no compelling reason to establish
such a requirement
 
the appellate court also ruled that

the open and obvious doctrine only applies to static hazards 
and that a 
separate duty exists related to dynamic hazards, 
and that duty: is a duty not to conduct 
and expose invitees to negligent activities.

with respect to the trial court's decision to grant a summary judgement

in favor of bravo brio, the appellate court
determined that it was not appropriate for the summary judgement to be granted.
 
a summary judgment is only appropriate when there is no issue of material fact,
 
but the trial court largely 
excluded many pieces of material evidence introduced by the plaintiff, 
and the appellate court also determined
 
that the evidence entered was not 
viewed in a light favorable to the non-moving party, in this case, the plaintiff.  

the appellate court concludes the case

by having the trial court's decision reversed and remanded. 
considering that there is no subsequent case history after the appellate court's 2019 decision,
the professor suggested that the case was probably settled.

the case that I'm briefing is 

Wulf v. Bravo Brio Restaurant Group Incorporated 
2019

The parties to case are 
 
The estate of roland wulf
and
Bravo Brio restaurant Group, Incorporated

in this case
The estate of roland wulf is appealing a
trial court summary judgement decision
in favor of bravo brio restaurant group

the facts of the original case are that

roland wulf suffered an injury while dining
at cucina italiana
in west chester ohio

according to wulf
he was on his way to the restroom
when someone bumped into him,

he ended up falling and breaking his hip

wulf said that he did not see who bumped into him
nor did he see the incident
but he states that when he got up
a woman in a bravo uniform
apologized for bumping into him.

the estate of roland wulf was established 
before the 
conclusion of the trial court case 
and resumes the case in his stead

the issues in this case are

the doctrine of respondeat superior, and 
whether or not an employee
needs to be specifically identified
in order for an employer to be held liable for
the negligent behavior of an employee

the open and obvious doctrine, and
how static hazards are distinct from dynamic
hazards

and whether or not it was appropriate for the trial court
to grant a summary judgement in favor of bravo brio restaurant group

The appellate court ruled

that an employee does not need to be
specifically identified
to establish liability under the doctrine of 
respondeat superior

that the open and obvious doctrine applies strictly to static hazards

and 
that the trial court granting a summary judgement in favor of
bravo brio was not appropriate

in the appellate court's opinion, powell writes that 

it is 
not necessary for a plaintiff to name or to specifically identify an
employee for liability to be established under the doctrine of 
respondeat superior

the appellate court points out that in the cases cited by
bravo brio, the employees 
happen 
to be identified, 
but the cases
cited did not establish that negligent employees 
must be 
identified

and the appellate court also found no compelling reason to establish
such a requirement
 
the appellate court also ruled that

the open and obvious doctrine only applies to static hazards 
and that a 
separate duty exists related to dynamic hazards, 
and that duty: is a duty not to conduct 
and expose invitees to negligent activities.

with respect to the trial court's decision to grant a summary judgement

in favor of bravo brio, the appellate court
determined that it was not appropriate for the summary judgement to be granted.
 
a summary judgment is only appropriate when there is no issue of material fact,
 
but the trial court largely 
excluded many pieces of material evidence introduced by the plaintiff, 
and the appellate court also determined
 
that the evidence entered was not 
viewed in a light favorable to the non-moving party, in this case, the plaintiff.  

the appellate court concludes the case

by having the trial court's decision reversed and remanded. 
considering that there is no subsequent case history after the appellate court's 2019 decision,
the professor suggested that the case was probably settled.




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