Family Sues Apple, Claiming FaceTime Distracted Driver in Crash That Killed 5-Year-Old Daughter

https://youtu.be/ETdtVwSNHDQ

A Texas couple is suing Apple, claiming that its FaceTime app distracted a driver who rammed into the couple’s car, killing their 5-year-old daughter.

Parents James and Bethany Modisette are suing Apple for damages on the basis that the electronics giant failed to install and implement a “safer, alternative design” for FaceTime that would have helped to prevent a driver from using the app while traveling at highway speed, court documents show.

The lawsuit filed Dec. 23 in California Superior Court in Santa Clara County also claims that Apple failed “to warn users that the product was likely to be dangerous when used or misused” or to instruct on its safe usage.

The fatal accident occurred Christmas Eve in 2014 near Dallas, when, according to the lawsuit, the Modisette family was driving in a Toyota Camry, with daughter Moriah, 5, in a booster seat in the left rear passenger seat and her sister, Isabella, next to her in the right rear seat.

The Modisettes had slowed or stopped their car due to police activity ahead of them on the highway that had caused traffic to back up, according to the suit.

Another driver, Garrett Wilhelm, traveling in his Toyota 4Runner in the same direction and behind the Modisette car, allegedly had his attention diverted by his use of the FaceTime app, the suit says.

“As a result of that distraction, his Toyota 4Runner, while traveling at full highway speed (65 mph), struck the Modisette family car from behind, causing it to be propelled forward, rotate, and come to a final rest at an angle facing the wrong direction in the right lane of traffic,” the suit says.

Wilhelm’s car then “continued its trajectory by rolling up and over the driver’s side of the Modisette car,” the suit claims.

The crash caused extensive damage to the driver’s side of the Modisettes’ car, and rescue workers had to extract both the father and 5-year-old Moriah from the car, the suit says.

The father was in critical condition after the crash while the mother and daughter Isabella were taken to a regional medical center to be treated for injuries. Moriah was airlifted to the area children’s hospital where she later died from her injuries, according to the suit.

“Wilhelm told police at the scene that he was using FaceTime on his iPhone at the time of the crash, and the police located his iPhone at the crash scene with the FaceTime application still active,” the suit claims.

The Modisettes contend in their suit that, “At the time of the collision in question, the iPhone utilized by Wilhelm contained the necessary hardware (to be configured with software) to automatically disable or ‘lock-out’ the ability to use [FaceTime] … However, Apple failed to configure the iPhone to automatically ‘lock-out’ the ability to utilize ‘FaceTime’ while driving at highway speeds, despite having the technical capability to do so.”

Wilhelm was indicted on manslaughter charges by a grand jury in Denton County, Texas, according to the Denton Record-Chronicle. He has been out of jail on bail since August, and a jury trial in the case is scheduled for Feb. 27, the Record-Chronicle reports.

Wilhelm’s lawyer, Ricky Perritt, issued the follow statement: “The Wilhelm family offers their thoughts and prayers for the family of the young lady who lost her life in this tragic accident. We are confident that after all the facts are brought out in Court, it will be shown that the use of a cellular device did not contribute and Mr. Wilhelm did not commit a crime … it was simply an accident.”

ABC News reached out to Apple but did not receive a comment on the case.

In: abc

Mark Hamill’s Carrie Fisher Tribute: “Making Her Laugh Was a Badge of Honor” (Guest Column)

JANUARY 02, 2017
6:25am PT by Mark Hamill

"She was a handful, but my life would have been so much drabber if she hadn't been my friend," Hamill writes in a remembrance of his late 'Star Wars' co-star.

“She was a handful, but my life would have been so much drabber if she hadn’t been my friend,” Hamill writes in a remembrance of his late ‘Star Wars’ co-star. Albert L. Ortega/Gettyimages Carrie Fisher and Mark Hamill

Carrie and I occupied a unique area in each other’s lives. It was like we were in a garage band together that somehow hit it huge. We had no idea the impact Star Wars would have on the world. I remember we were out on tour right before the movie opened. By the time we got to Chicago, there was a crowd at the airport. I said, ‘Hey look, you guys, there must be somebody famous on the plane.” I was looking around to see who it might be. And then in the crowd I saw a kid dressed in a Han Solo vest. Then I saw girl dressed like Princess Leia. I said, “Oh my God, look, Carrie, there’s somebody dressed just like you. She’s got the buns on her head!”

The first time I met Carrie was at dinner in London before we started filming together. I had been the first one to go over to Africa with Sir Alec Guinness and the robots, to do all the desert planet stuff, then I came back to London and then Harrison Ford came over. Carrie was the last piece in the puzzle to come to London. So I said to the production office, “I’d like to meet her before we work together.” They worked out that we’d meet for dinner. You know, she was 19 years old at the time. I was a worldly 24. So I was thinking, “Oh my God, it’ll be like working with a high school kid.” But I was just bowled over. I mean she was just so instantly ingratiating and funny and outspoken. She had a way of just being so brutally candid. I’d just met her but it was like talking to a person you’d known for ten years. She was telling me stuff about her stepfather, about her mom, about Eddie Fisher — it was just harrowing in its detail. I kept thinking, “Should I know this?” I mean, I wouldn’t have shared that with somebody that I had trusted for years and years and years. But she was the opposite. She just sucked you into her world.

I was so middle class. Growing up, the closest thing to a celebrity we had was our next door neighbor, who was a baggage handler who returned Jerry Lewis’ wallet that fell on the tarmac in San Diego. But Carrie was something completely different. She dropped out of high school to be in the chorus of “Irene” on Broadway. I was just in awe of her.

She was so committed to joy and fun and embracing life. She had an Auntie Mame quality to her. I would do crazy things to amuse her on the set. Making her laugh was always a badge of honor. I remember during Empire we were split up storywise; it was a difficult film to shot and there was a lot of tension on the set. I was off in the swampland with the puppets and robots, but at least Carrie and Harrison got to work with human beings. Once at lunchtime she said, “You should try on my jumpsuit.” I said, “The one-piece white jumpsuit? You’re what, 5’2”? I’ll never get in!” She said, “Just try.” I put on that Princess Leia zipper jump suit and it was so tight I looked like a Vegas lounge singer. If that wasn’t ridiculous enough, she had me put on one of those bald cap masks with the Bozo hair and glasses and nose and then she walked me around the back lot.

The lengths I would go to hear her laugh — there were no limits. I loved her and loved making her laugh. She would do these crazy things and make me do these crazy things, but I really don’t think they were crazy after all. In a way, it was a defense mechanism for her. She was so off the wall, she could use it as protection. Part of what was so poignant about her was that she was vulnerable, that there was this glimmer of a little girl that was so appealing and it roused the protective nature in my personality.

I’m grateful that we stayed friends and got to have this second act with the new movies. I think it was reassuring to her that I was there, the same person, that she could trust me, as critical as we could sometimes be with each other. We ran the gamut over the years, where we were in love with each other, where we hated each other’s guts. “I’m not speaking to you, you’re such a judgmental, royal brat!” We went through it all. It’s like we were a family.

When you were in her good graces, you couldn’t have more fun with any person on the planet. She was able to make you feel like you were the most important thing in her life. I think that’s a really rare quality. And then you could go 180 degrees opposite, where you were furious with one another and wouldn’t speak for weeks and weeks. But that’s all part of what makes a relationship complete. It’s not all one sided. Like I say, she was a handful. She was high maintenance. But my life would have been so much drabber and less interesting if she hadn’t been the friend that she was.

In: hollywoodreporter.com

Shirley Ellis – You Better Be Good, World

SHIRLEY ELLIS: she was funky yet classy, sophisticated but sassy. Unjustly pigeonholed as a novelty act by many rock historians, Shirley was a unique talent who could rock the joint with the best of ‘em, then spin on a dime and hold a packed house of hip nightclubbers in the palm of her hand, spellbound by her cool mastery of a jazzy ballad.

A clever songsmith of Caribbean ancestry, Shirley (if her reported birth date of 1941 is accurate) was only 13 when the Chords (of “Sh-Boom” fame) committed her composition “Pretty Wild” to wax. As a singer, the Bronx-based teen won Amateur Night at the Apollo Theater in Harlem while also performing as a member of the Metronomes and getting spliced to group leader Alphonso Elliston.

Hubby managed the Heartbreakers whose 45 “One, Two, I Love You” was a further example of Shirley’s creative prowess. It was through a songwriting cousin of Alphonso’s that Shirley forged a partnership with Lincoln Chase. Spectacularly unsuccessful as a record star, Chase was one of the biggest writers of the 1950s, supplying stars like Chuck Willis, Big Maybelle and Ruth Brown with top of the range songs and scoring hits for the Drifters and LaVern Baker with “Such A Night” and “Jim Dandy”, respectively.

In 1959, Chase became not only Shirley’s songwriting partner but also her manager and, later, her producer. The symbiosis was immediate; he saw in her the raw stuff that stars are made of, while she sensed his innate ability to mould her into one. The pair worked ceaselessly together over the following years on perfecting every aspect of her talent. A tentative release for the small Shell logo in 1961 marked the recording bow of Shirley Elliston – nobody cared. False start.

It was not until the fall of 1963 that the years of preparation paid off with the diminutive thrush’s Congress label debut, the incredibly exciting “The Nitty Gritty”. Taking over where Trini Lopez had left off a few months earlier with the loose, live, feel-good smash “If I Had A Hammer”, Chase fashioned the hippest slice of au-go-go, street-smart madness of 1963 or any year since. Demo copies of this George Harrison favourite read “The Real Nitty Gritty” by Shirley Elliston but the title and the singer’s surname were edited for commercial release. Shirley Ellis, after years of grooming, became an overnight Top 10 hitmaking sensation. Although she didn’t quite explain the meaning of “The Nitty Gritty”, the listener instinctively sussed that it was the unadorned kernel of reality at the heart of anything and everything. The phrase grabbed the imagination of society’s mainstream and is enshrined in the common vocabulary to this day.

“(That’s) What The Nitty Gritty Is” was no more enlightening and, let’s face it, a tad opportunistic. This soundalike follow-up stalled in the lower reaches of the chart and, after the no-show of the vastly superior “Takin’ Care Of Business” and a “Nitty Gritty”-style revival of Chase’s “Such A Night”, it seemed that the Ellis bandwagon had ground to a halt. Forget it pal! As Christmas 1964 lurched ever nearer, Shirley bounced back onto the charts with a bullet. The convoluted craziness of “The Name Game” was impossible to withstand and would become the singer’s biggest hit. She proved a sensation on Murray the K’s Brooklyn Fox Holiday Show that winter, taking “Name Game” requests from the crowd. Let’s hope that Shirley-Shirley-Bo-Birley had the sense to ignore Buck!

The fun kept coming as her wildly percussive follow-up began an equally impressive chart run while breaking Shirley Ellis internationally. Her third Top 10 smash finally brought the star recognition in Britain and many other territories but “The Clapping Song” would prove impossible to top. A lowly placing for the rubber-band rhythm of “The Puzzle Song” was to be the lady’s last chart showing for Congress.

Shirley’s “I Never Will Forget” stiffed as did her ominous Christmas 1965 single “You Better Be Good, World” on which reindeer quaked under threat of atomic devastation. The overly-dopey, yet curiously cherishable, “Ever See A Diver Kiss His Wife While The Bubbles Bounce About Above The Water?” erm . . . bubbled under the Hot 100 for five seconds in early 1966.

Shirley was then signed by Columbia. She registered her chart swan song with the memorable “Soul Time”, the second of a trio of 45s for her new outlet. A June 1967 Columbia album, her third in all, was the last we heard from Shirley. Although she was reported to have then pacted with the Bell label, no records were forthcoming and she vanished into retirement.

Three fondly remembered smashes is more than many more feted artists achieve and, although Shirley Ellis is one of that dignified handful who resisted the oldies circuit, her oft-revived classics continue to delight listeners the world over. All together now . . . Three-six-nine, the goose drank wine, the monkey chewed tobacco on the streetcar line; the line broke, the monkey got choked and they all went to heaven in a little row-boat!

In: http://www.spectropop.com/ShirleyEllis/

Putin invita a los hijos de los diplomáticos de EEUU en Rusia a fiesta navideña en el Kremlin

El presidente de Rusia, Vladímir Putin, afirmó que Moscú no responderá de forma simétrica a Washington, que en la víspera anunció la expulsión de 35 diplomáticos rusos.

“Nos reservamos el derecho a tomar contramedidas, pero no bajaremos al nivel de diplomacia primitiva, irresponsable, y estudiaremos los pasos siguientes para restablecer las relaciones ruso-estadounidenses en función de la política que aplique la administración del presidente Donald Trump”, señaló el mandatario ruso en una declaración difundida por el Kremlin.

Putin afirmó que “no vamos a crear problemas para diplomáticos estadounidenses”.

“No expulsaremos a nadie”, añadió.

¡Felicito al presidente electo Donald Trump y a todo el pueblo estadounidense! ¡Les deseo a todos bienestar y prosperidad!”, dice la declaración presidencial.

Al comentar la decisión de Washington de expulsar a 35 diplomáticos rusos, Putin destacó que Moscú, a su vez, no va a prohibir a las familias y niños de los diplomáticos estadounidenses en Rusia visitar lugares de ocio durante las fiestas navideñas. “Invito a todos los niños de los diplomáticos estadounidenses acreditados en Rusia a la fiesta infantil de Año Nuevo y Navidad en el Kremlin”, dice el comunicado.

El Departamento de Estado de EEUU anunció la expulsión de 35 diplomáticos rusos por su supuesta implicación en los ciberataques.

Más: https://mundo.sputniknews.com/rusia/201612301065948676-putin-ninos-diplomaticos-eeuu-fiesta/

Rusia responde a las sanciones de EE. UU.

Tras advertir que tomaría “represalias adecuadas” en respuesta a las sanciones que le impuso Estados Unidos, el Gobierno ruso cerró la Escuela Angloamericana de Moscú, a la que acuden los hijos de muchos diplomáticos.

China Treffen Putin Obama (picture-alliance/Sputnik/A. Druzhinin)

Este jueves (29.12.2016), poco después de que la Casa Blanca impusiera duras sanciones sobre Rusia, acusando al Kremlin de injerir en las elecciones presidenciales estadounidenses para perjudicar a Hillary Clinton y favorecer a Donald Trump, el Gobierno de Vladimir Putin ordenó cerrar la Escuela Angloamericana de Moscú –a la que acuden los hijos de diplomáticos de habla inglesa– y clausurar el acceso que conduce a la casa de vacaciones de la embajada de Estados Unidos, ubicada en el parque de Serebryanyy Bor, cercano a la capital.

Así lo informó la cadena televisiva estadounidense CNN. Sugiriendo que Barack Obama estaba tratando de enturbiar las relaciones binacionales antes de finalizar su mandato, Moscú ya había advertido que tomaría “represalias adecuadas” en respuesta a sus medidas punitivas. En declaraciones a la prensa, el portavoz del Kremlin, Dmitry Peskov, afirmó que el presidente Putin estaba llevando a la práctica el principio diplomático de la “reciprocidad”. El Departamento de Estado no comentó el asunto.

Peskov agregó que el presidente Putin no se daría prisa en reaccionar a la afrenta de Obama, pero adelantó que, cuando lo haga, le causará “notables molestias” a Washington. En el sitio web de la Escuela Angloamericana –en la que los hijos de los diplomáticos estadounidenses, británicos y canadienses tienen prioridad en los procesos de admisión– no se hace alusión alguna al cierre de sus puertas. La institución tiene su sede principal en el noroeste de Moscú, pero cuenta con otro campus en la ciudad de San Petersburgo.

Obama le dio 72 horas para salir de Estados Unidos a 35 diplomáticos rusos y a sus familias, y anunció el cierre de dos propiedades del Gobierno ruso en Nueva York y Maryland. Además, mencionó sanciones económicas inminentes, que pasan por congelar los bienes de dos de las principales agencias de inteligencia rusas: el Departamento Central de Inteligencia (militar, GRU por su acrónimo en ruso) y el Servicio Federal de Seguridad (seguridad nacional, FSB). Estas sanciones son las más duras adoptadas por Obama durante su gestión.

ERC ( EFE / AFP )

En: DW

this artist tattoos and beheads china figurines to take on art history’s gender bias

Jessica Harrison’s reworked ceramic heroines prove women are not ornaments.

British artist Jessica Harrison tackles and unpacks assumptions about the female body with her cleverly embellished figurines. The found ceramics are selected for their silly poses, onto which Harrison adds her own flourishes: an anatomical overhaul spiked with tongue-in-cheek humor. As Harrison puts it, “the re-worked ceramic makes the figure a participant in their own undoing.”

Deploying a wide variety of materials in her artistic practice, from paint to textiles to digital collage, she regularly explores the intricacies of the sensory body. She’s made silk scarves with muscle patterns and roughly articulated clay pin-ups. Examples of Harrison’s work are currently on view in the group show Ceramix, at La Maison Rouge in Paris, which explores experimental ceramics by a range of artists from throughout the 20th and 21st centuries. We caught up with the artist to discuss feminism, creativity, and undercutting art history’s gender bias.

Your pieces in the Ceramix exhibition are shown under the sub-heading “Sacred and Profane: Revisited Traditions.” How does that title relate to your work?
I guess my work in the exhibition slots in quite well with that summary, given that I’m appropriating or re-thinking ornamental items that were acquired with the intention of showing off a particular taste within the home. Simplistically, you could say that traditional pieces are trying to appeal to some kind of “good taste” middle-class Englishness. They kind of have this weird pointlessness to them — their poses, their expressions — the figures are just in some kind of bizarre moment of blissful, bland nothingness. With the Broken figures, I am trying to activate their poses, give them some meaning; and in Painted Ladies, the crudeness of the tattoo designs highlights the ridiculous outfits these poor ladies are forever subjected to.

What prompted the Broken series of decapitated, scalped, and otherwise “injured” ladies?
I had an interest in working with the figure, but I didn’t want to make something figurative — I was trying to move away from overly defined outlines of the body. The series was a playful, cathartic way to try to re-work the figure. With these pieces, I reference that kind of anatomical enlightenment era, when the body was being explored from the skin down to the bone, and everything in-between. However advanced our explorations of the body have become since, this interior anatomical space is still gender-biased — a classically and continually male space. The female body is only typically used when illustrating a specifically “female part” of the body: the reproductive organs. The female interior space is still laced with taboo in a way that the male interior is not. I know this is still the case because I’ve received criticism for reworking female figurines — that it is somehow more “violent” than reworking male figurines.

You don’t consider the pieces violent?
I don’t. Each figurine has been carefully chosen based on their existing pose, where the re-worked ceramic makes the figure a participant in their own undoing. I like to think that these passive ladies have been given a more active role, more in line with how the male body is depicted, in both anatomical history and art history. I do consider them to be quite humorous though, and this is usually the reaction that they get, from children right up to older audiences (who more typically might have owned these kind of figurines originally).

Do you see these two series as feminist? What role does feminism play in your work?
I am a feminist and feminist issues are important in my life, work, ideas, and how I go about my everyday business. Having said that, I don’t consider “feminism” to play an active or overt role in my work, but the continuing issues facing women and young girls today is of course something that is always going to be threaded into my work when dealing with figurative pieces or the subject of the body.

Can you talk about your use of “found ceramics”? How does that influence your practice?
I started working with found ceramics because I didn’t know how to make ceramics from scratch — I decided to work backwards and get to know clay back to front. The Broken and Painted Ladies series, made using mass-produced figurines, could in theory continue forever. A part of me would like to keep going, to re-work all of the figurines that exist in the world, but there are too many other projects out there for me to be working on.

‘Ceramix’ is on view at La Maison Rouge and Cité de la Céramique in Paris through June 5, 2016.
jessicaharrison.co.uk

CreditsText Sarah Moroz
Images courtesy Jessica Harrison
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