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April 27, 2012     Post-Gazette
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"Fra'ge 4 ' IIf'-I,''I'E, APII.27, 1'2 David J. Saliba Attorney at Law -- LEGAL Interest You allow your home to have a party. Alcohol is drunk at the party. One of the guests after leaving the party hits a utility pole. Is the host of the party liable? JULIANO v. SIMPSON SJC- 10843 SUPREME JUDICIAL COURT OF MASSACHUSETTS 461 Mass. 527 September 6, 2011, Argued February 21, 2012, Decided Sixteen year old Rachel Juliano suffered serious in- juries when the automobile in which she was a passen- ger struck a utility pole. She and the driver of the auto- mobile, nineteen year old Christian Dunbar, had just left a party hosted by the de- fendant, nineteen year old Jessica A. Simpson, where Dunbar consumed alcoholic beverages he had obtained earlier that evening and brought to Jessica's house. Jessica's father, Peter Simpson, was not home at the time of the party, leav- ing Jessica in sole control of the premises. The Court Said: DUFFLY, J. We are asked to enlarge the scope of social host liability under our com- mon law by extending a duty of care to an underage host who does not supply alcohol to underage guests, but pro- vides a location where they are permitted to consume it. For the reasons stated herein, we decline to do so, and reaffirm that liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol. This case says you can run a party even if there is drinking and you are not liable if you do not provide the alcohol. Luigi Broglio Italian Space Pioneer by James DiPrima Next to Venice, Italy we find the town of Mestre. Its local hero and claim to fame is Luigi Broglio. He was born on November 11, 1911 and his family moved to Rome in 1915. In 1934 he graduated with a degree in civil engi- neering. Shortly thereafter he served as an artillery of- ficer in the army for three years. Upon completing his military service he applied for entry into the Italian Air Force (Aeronautica Militare Italiana, AMI) and was pro- moted to First Lieutenant. Because of his engineering knowledge and experience he was assigned to work at the AM/ research centre at Guidonia Montecelio on jet engines and a mix of aero- space programs. He fled from the occupying Germans in 1943 during WWII and joined up with the partisans. The 1950's brought many changes into the life of Luigi Broglio. In 1950 Luigi became the dean of La Sapienza's School of Aeronautical Engineering replacing rocket pioneer Gaetano Arturo Crocco. Here he put together the Centro Ricerche Aerospaziali (CRA), developing a supersonic wind tunnel, also Europe's first satellite testing facility. In 1956 Mario Pezzi, General Secretary of Aeronautics, selected Luigi to head the Air Force's ammunition re- search unit known as the Direzione Generali Armi e Munitioni (DGAM), who now was responsible for the mil- itary's rocket programs and was also responsible for the Sardinian rocket test range known as the Salto di Quirra. He was the inventor of the "Broglio Drag Force Balance" an instrument to measure the atmospheric pressure at a very high altitude. The promotions continued as he achieved the rank of Gen- eral of the Aeronautical Engineers in 1962. He believed that a missile base (Continued on Page 12) Boston Water and Sewer Is Coming to Your Neighborhood A Boston Water and Sewer Commission Community Services Department representative will be in your neighborhood at the place, dates, and times listed here. Our representative will be available to: Accept payments. (Check or money order only-no cash, please.) v' Process discount forms for senior citizens and disabled people. Resolve billing or service complaints. Review water consumption data for your property. ii Arrange payment plans for delinquent accounts. Need more information? Call the Community Services Department at 617-989-7000. Boston Water and Sewer Commission 980 Harrison Avenue Boston, MA 02119, www.bwsc.org by Sal Giarratani l )' Getting Knocked Out to See the Light Have you ever heard those stories of patients on the op- erating table who get re- vived after their hearts stop and they are technically "dead" for a few minutes? These folks often talk of see- ing the light to heaven and experience a God moment. They swear they caught a glimpse of heaven but it ob- viously wasn't their time yet to make the return trip home. I often wondered if it wasn't just a dream they had in the operating room. Can people actually go for a short trip only to return because they didn't have a ticket? Recently, I was sedated to have oral surgery. I first wanted lots of Novocain but when I found that getting put to sleep for the surgery was only a mere $45 differ- ence, I went with door num- ber two. The whole thing only took 10 minutes in real time, but I perceived it so much longer. I don't even re- member going out for the count. However, I do remem- ber the dead silence and fog. I could see all around and my eyes kept following the nurses in the room. It seemed like my mind had dived deep into my body and I was viewing everything helplessly from a far dis- tance. I couldn't speak. I couldn't hear them and I never saw the surgeon ac- tually do his job. I felt totally helpless and controlled by others. The si- lence bothered me as did all the slow motion action tak- ing place in front of my body. As I awoke I began to talk, the fog lifted and the nurses were talking back to me. My pain was gone but those dreamy memories while un- der and fast asleep re- mained. Usually, when we are awake, our head and mind controls all that we do. We are outside the box and clearly in control of going left, right, blinking and ev- erything. I still keep think- ing of what I was observing during the surgery. I felt like I had fallen into a deep well. I wanted to hear an echo of anything but all I had was silence. I was inside my body trying to escape to the out- side of it. It got a little scary that I could be there and not be there at the same time. The experience also re- minded me of how important it is to be awake in life to be in control of our actions and thoughts. Maybe when you hear people saying they saw heaven that was just what they wanted to see. I never heard of anyone but Jesus Christ getting a roundtrip ticket to heaven. When you go up, it is for good or as they say in church for an eter- nity. However, my little trip inside my head made me think about how I spend my waking hours. I go to sleep at night hoping to wake up in the morning. I never fear the final call home. I'm here and I continue living as best I can. I must say I did not like the experience. I felt lost inside my own body. It made me wonder about all those hope- less souls who roam our com- munities who appear not there as we often speak of them. Do they live in a fog? Do they see what we see? Do they live in the silence I experienced? Are they for- ever lost within their minds searching for an escape route but never finding one? Are some of these people just hanging around waiting (Continued on Page 12) Greater Boston's Affordable Private Cemetery Traditional Burial Plot (for 2) Startin00 at S 1500 T, MIc00LCEI00TERY 500 Canterbury St, 617.524.1036 Boston, MA 02131 www.stmichaelcemetery.corn Serving the Italian community for over 100 years/ Boston Harborside Home Joseph A. Langone 580 Commercial St. Boston, MA 02109 617-536-4110 www.bostonharborsidehome.com Augustave M. Sabia, Jr. Trevor Slauenwhite Frederick J. Wobrock Dino C. Manca Courtney A. Fitzgibbons A Service Family Affiliate of AFFS/Service Corporation International 206 Winter St., Fall River, MA 02720 Telephone 508-676-2454 J