Comes from an Academic Exchange between me and a classmate--
First, Let me start that I love the Blaxploitation period in African American cinema. In fact I have Shaft 70 and Superfly 71 movie posters in my office at home. I am going to attempt a rather difficult task by making a case for the rise and need for a hypersexualized hero such as John Shaft, Sweet Sweetback and of course Priest aka Superfly. Again, contextualizing the time period in the late 60s early 70s we have to determine the political commonalities within black motion picture stars of the day. You had Sidney Potier who was the cross over performer supreme. Other than that -- there were few and far in between. As Potier's work was and still is quintessential to the further development of African America pop-culture, Potier represented the establishment. He was widely accepted by mainstream box office consumers and producers. There were few and far in between black box office draws let alone directors, producers and or writers. Enter Melvin Van Peebles, a composer and filmmaker who had been at the game of film production since 1957. The characters that were created prior to rise of Black consciousness were typical; subservient, able to pass through various social and political circles with their sans their race being a factor and most importantly, in my opinion, completely emasculated--genderless, objectified. If we look at Sidney Potier's role in Guess Who's Coming to Dinner vs his characterization of Walter Lee in the movie production of "Raisin in the Sun" in both movies the character is in both roles is emasculated - in case by weak character development (GWICTD) and by strong character development -maybe too strong in Raisin. In Raisin, life has the character by the --lls where as in Guess... the writer strips the character of his genitals. In short-- Potier plays this everyman who's manhood is in question by the newly emerging black youth culture of the day. We come back to Van Peebles who under contract by Columbia Pictures produces a rather interesting satirical comedy on race called "Watermelon Man." In it a white man suddenly wakes up black and has to navigate through his lilly white world. -- Bottom line for Columbia is we have a filmmaker who is black that can make us money who doesn't appear to be too threatening -- very much like Will Smith today. Meanwhile Metro Goldyn Mayer were in the midst of establishing their own non threatening black filmmaker with Gordon Parks and his bio pic "The Learning Tree." Cinematically, this film rivaled it's contemporaries and pretty much established Parks as a filmmaker in the eyes of Hollywood. Suddenly, there is a collision of sorts where the filmmaker becomes radical and enters a period of introspection and self discovery. Melvin Peebles has an epiphany that strikes an internal revolution within himself to where he recognizes the lack of strong sexual heroes within the black community, hence the genesis of the hypersexualized black man on film. What is interesting is the backstoy in which how this movie was made in the first place. Van Peebles needed money that would finance this truly independent film, ergo he couched it as a porn flick. Mainstream Hollywood would not dare interferer with a film that was pornographic, they would just say's it's a "blue film" call it a day. To make the long story short, the essence of Sweetback is truly an emancipatory film introducing a black character with a strong sense of agency. The character owned virtually every aspect of himself including his sexual and racial identity minus the mainstream influence of Hollywood. As this film made loads cash at the box office, Hollywood discovered a formula, Black Studly Hero + Black Movie Audiences = Green profits, exponentially. If we take a look at the Shaft movies, the 70s trilogy as well as the 21st century re-incarnation, we see that character, John Shaft is born out of white novelist Ernest Tidyman. Basically, Shaft in the books is a little harder, a little meaner and a bit more sexually powered than all the films put together. Of course MGM saw this as an opportunity to cash in on a new novel only ergo the production of Shaft the movie in 71. "Hotter than Bond, Cooler then Bullit," Shaft at best was to break even, however, still looking for characters that were anti establishment, Shaft exceeded every expectation and in essence provided a hero, a black superhero under the back drop of a racalized politically charged canvas. At the helm of this production was tried and true director, Gordon Parks. Now the question of can lightening strike three times is answered by Warner Brothers when we find their entry into the black superhero mold with Super Fly. Where Sweetback was a nymphomaniac/fugitive/pimp and John Shaft was a nymphomaniac/private cop, Priest was a nymphomaniac/drug fence looking to get out the game. Again we see the conventions of mainstream Hollywood at work with the hypersexualization of black masculinity but I think it's equally important that we examine the emancipatory element of this film as well as the previous two. This film is directed by Gordon Parks Jr. who died immediately afterwards in a helicopter accident. There is a healthy mix editorial content by director and actor in the portrayal of this character who is so enigmatic and charismatic to the point where to underestimate Priest could be potentially lethal. The Priest character is a multidimensional one in that he transcends sexual feats beyond those of mortal men and by the end of the journey can be seen as a philosophical being who is well versed in The Art of War. The character is beyond Shaft in the sense, that he makes a statement political economy by the fact he knows when to get out of life and recognizes that he may never own the means of production i.e. wealth except through his acceptance of his own mortality. When he learns the art of death, i.e. no fear of death, Priest in turn is emancipated and creates a plan to stick it to the man. I think the author makes a well established connection of blackxploitation masculinity to hip hop in the sense that hip hop was a response to the nihilism that existed during the Reganomics era. We have characters who to some degree who use their sexuality as a means of agency in spite of the external context. It is a means of maintaining that sense of existence and in cases using that existence to for further establishment of presence. Hip Hop does the same thing. Now saying that, I qualify that by mentioning I take no side of what is morally right or wrong being that I am not in a position judge but merely to observe.
Sorry so sloppy.
-----Original Message-----
From: MCMS755@yahoogroups.com [mailto:MCMS755@yahoogroups.com] On Behalf Of tiamatthews101
Sent: Sunday, October 09, 2005 9:09 PM
To: MCMS755@yahoogroups.com
Subject: [MCMS755] I've Been Shafted
I really don't know where to begin with this article. There were so many omissions, contradictions and unsupported ideas that I actually questioned how this article could have actually made it into a journal, especially with only 12 sources. To make this easier, I've decided to really skip going into much detail about my issues with the article. If I didn't, I'd probably need my own Yahoo page.
Instead, I will just make a quick list.
1) How could the author not focus on the fact that Gordon Parks and John Singleton are both African American, and all that this brings to the table in terms of creative freedom/bondage, authorship and vision?
2) How can you realistically blame the "violent" Black masculine character portrayed in the mass media on "hip hop culture." How unfortunate that hip hop gets the blame for everything. Later, the author contradicts this very statement by stating it is neither "unique to hip hop culture nor particularly new." Well, than, why mention it at all? Black men have been portrayed as gangsters, criminals and violent humans since the dawn of American history.
3) Race, race, race. Race played a role in both Shaft movies. It is just important to note the historical context in which both were produced. In the first film, Shaft had sex with a White girl, very taboo. In the second, Shaft is seen trying to avenge the killing of a man who also loved/liked a White woman, still a taboo. Have times changed much? In the first film, Shaft cannot be equal in the eyes of White society or the police force, so he exerts some sort of power by being an oversexed man. This at least places him in a power position over someone - women. In the second film, Shaft is frustrated that he cannot be "Black and blue," which means he still has trouble fitting into the White police force. Therefore, he strikes out on his own to seek revenge, which on the surface gave him some freedom or power to act on his own. Have times changed much? In the first film, Shaft fielded racial slurs and gave witty racial retorts. In the second film, Shaft fielded racial slurs and gave witty racial retorts. Have times change much?
4) Finally, the author notes: "I think there has been a slight misrepresentation of the original Shaft as a "blaxploitation" film.
Huh? How do you make such a incredible statement such as this and only offer one source to back this up? For some, Shaft embodies the ideal of "blaxploitation" films. You need an entire essay to substantiate this point, not a paragraph.
I could go on, but I won't.
Sunday, July 16, 2006
Friday, July 07, 2006
From the End to the Begining: The Million Man March
I was numb for a few days after learning that E had suddendly died. I mean completely numb. I remember talking with JR and the phrase that came out of my mouth was that I had bad luck when it came to fathers. See, my natural father and I had been estranged for now going on 15 years. My grandfather was the one who pratically raised me but at the same time he was the grandfather. I had been somewhat envious of JR because he and his dad Lou inspite of their constant disagreements, they still were able to have a true bond of father and son. E, being my mother's lover and companion for hell 15 years pretty much was like my substitute or surogate father. He was there to do things for me that Frank was never there to do. He bought me my first pack of condoms, he illustrated to me what love with a woman could be like, he was througly educated, and had a pretty much flippiant attitude towards antisociety. Antisociety was basically the society which he felt surpressed the underdog and kept the weak weak. There were a lot of things about E that I admired but there was also one thing he said that really struck me negatively, when he said that he was supposed to have been my father. As much as I loved E and respected him and yes even looked the other way at some of the things he did and said, that was one statement that really always struck me as odd. Frank, evidently was supposed to be my dad, what ever the reason, he was supposed to be my dad there was nothing I really could do about it. I respected both men so much to the point were I actually dedicated a part of my masters thesis to them both. But now that E was gone, my grandfather was now the man I had to look to to call father-- despite the fact I called him GW. As I was trying to figure out what was going to now become of my decision to go off to DC, I had to come to grips with a few things. Ma was devestated and even me going out of the house for a long period of time really was a bit much for her. She was completely lost as E, her religion, suddenly died. It was terible to have greif in the house-- and by greif I think I need to qualifiy that, expressive greif. See I really couldn't emote or express my greif in the traditionally sort of ways because E was married. Plain and simple. He had a family in another state which was really having to cope with the traditional things associated with untimely demise. So for us, Ma and me, there was no funeral, no one really to comfortort her at work, no one to legitimately say, I am sorry for your loss. For me going to my nighly frat meeting and announcing this almost was a sham because my brothers knew I was greiving but how do you tell them that your mother's secret lover died and you had called this man your stepfather for 12 years also died in the same vessel. Somehow or another, people must have made the connection because a sympathy card came to the house. I remember going to work and my boss, Mrs. Watson was like why are you here? The truth was simple, I had vacation time, no sick time and I had to be at work. Somehow she made me go back home because I couldn't funciton. Hell I am surprised I was able to drive to work in the tears I had. In late september, I had to do something for me because things were gowing steadly downhill. The fish, Aqua, that Ma and E bought suddenly learned a consistent side stroke. The green plants were turning brown and even Oscar the dog was looking a little thin in his skin. He and I had to form a tempoary partnership so the that he and I both could eat. Going to Howard was completely out of the question because suddenly, I had to become the man of the house @ 25. I really couldn't afford to greive as long as my mother for the simple fact that life goes on for the living. Because we were at the other side of the equation, well we had to go forward. So I had to lead by example. There were two trips I was going to take in the next few weeks. One was going to be to the mountians to go white water rafting. The other was going to be to the million man march. Stragely Ma had to negogiate the rafting trip. Why do you have to go rafting she asked-- to me it was simple. I needed to see what life was like again. I needed to be among people who weren't depressed. I needed to have fun again. I couldn'd do that in a house filled with death. So me, Robin, her brother, his girlfriend, her ex boyfriend all piled in an SUV and off we were to the North Carolina mountians. There I felt like the fith wheel because I had no one there really to be like with me. But again I did have the scenery and the wather and just the peace of mind. It wasn't all that bad. The quiet calm was relaxing. Then also the rapids-- well if I was depressed before, I really didn't have time to be depressed for long because between dodging rocks and waves, I was really preoccupied. There though, I really found that my relationship with Robin had taken a different turn also. She was a bit more well bossy. I never liked being bossed or bullied too much but I just decied to store this for future reference…
A few weeks before the the MMM, I needed to get clearnece with Mrs. Watson. To me this was history making and I really felt I needed to be there. The march was positioned as a march of atonement. For me, it was a way of releasing deamonds I had. My deamonds of hate for my dad, E, and even myself.. I needed to go the the million man march not for the message of frakahann but just for me. To say that I was a man, I was multidismentional and I stood for something. I was destined for greatness along with other brothers. It was only a matter of making the decision to take the first step. For me, to claim my greatness, this was my first step. With offical clearence from my boss I as well as one of my co-workers Coach were set to go. Coach and I came from two different parts of the rail road tracks but at the same time were almost like brothers. He too was an only child raised by his mom. He was 35 and I was 25 and he had done a bit more with his life than I had. He actually played pro baskeball oversears and made some mistakes which brough him back to were it all began, Durham, NC. He was a proud black nationalist who didn't have a college degree per see but a street degree which made him more intellegent than any of my degrees stacked up. When he found out I was going to the march, he appeared shocked. In either regard, he and I were the only ones who went to washington from our school and it really was on the hush.
It was Sunday night, the day before the march and I was like well ambivilant.. I wanted to do but didn't know how I was going to go.. I had no way up there that was organized at least but I knew I had to go. We all met at St Agustines College in Raleigh. My mother knew the bishop there before I knew it, I discovered he was frat. Next thing I knew, with about 40 dollars I am in a car with six brothers from the Nation of Islam riding to DC. I had never really been to DC, didn't know my way around, nor knew where I was going. It was just fate and destiny which put me at the right place at the right time. My politics didn't jibe too much with some of the brothers from NOI but I had to remember who brought me to this dance… This was put to the test when I was challenged by one of them about my wearing my Kappa gear. I let it go because this wasn't supposed to be about brother vs brother but brother for brother. At the hotel room as I saw them getting ready, I kinda started to realize just who I was with, brothers on a mission just in need of direction…. As they were saying I'll pray for XYZ, they also made sure they placed caveots on those prayers. This made me develop a personal philisophy on prayers, never let someone pray for you until that prayer has been specified by you. Don't just pray for me, you make your pray the right prayer. That said, I put a little distance between me and the brother from NOI and found my Kappa brothers. We did our thing, we posed for pictures, sang a few frat hyms and then dispersed. OK I thought.. This was a photo op, what are we going to do at the Million Man March? I was on my own. With camrea I started making my way thorugh the sea of black men and before I realized it, there were a lot of us, I mean we took over DC. There were folks trying to make a buck or two selling mmm gear but still there was no fooling around. For the first time in my life I saw brothers helping brothers, boys becoming men, men becoming agents of change and quietly I was transformed. From this march I realized that I was a conduit, a link in a long chain of success throguh adversity. Someone helped me and people would still contiue to help me but no now I had to do my part in the helping. I had to be that hand up for somebody… my link started with my dad, then with Rayomnd, then with GW, then with E, then Lou, then back with GW and now I had to pull some brothers thorugh. My life link, my chain of men was far from perfect and nowhere near complete…… In fact the Million Man March was my starting point. Beleifs were formed and political ideology was born. It was now only a matter of time before all this got put into pratice...
A few weeks before the the MMM, I needed to get clearnece with Mrs. Watson. To me this was history making and I really felt I needed to be there. The march was positioned as a march of atonement. For me, it was a way of releasing deamonds I had. My deamonds of hate for my dad, E, and even myself.. I needed to go the the million man march not for the message of frakahann but just for me. To say that I was a man, I was multidismentional and I stood for something. I was destined for greatness along with other brothers. It was only a matter of making the decision to take the first step. For me, to claim my greatness, this was my first step. With offical clearence from my boss I as well as one of my co-workers Coach were set to go. Coach and I came from two different parts of the rail road tracks but at the same time were almost like brothers. He too was an only child raised by his mom. He was 35 and I was 25 and he had done a bit more with his life than I had. He actually played pro baskeball oversears and made some mistakes which brough him back to were it all began, Durham, NC. He was a proud black nationalist who didn't have a college degree per see but a street degree which made him more intellegent than any of my degrees stacked up. When he found out I was going to the march, he appeared shocked. In either regard, he and I were the only ones who went to washington from our school and it really was on the hush.
It was Sunday night, the day before the march and I was like well ambivilant.. I wanted to do but didn't know how I was going to go.. I had no way up there that was organized at least but I knew I had to go. We all met at St Agustines College in Raleigh. My mother knew the bishop there before I knew it, I discovered he was frat. Next thing I knew, with about 40 dollars I am in a car with six brothers from the Nation of Islam riding to DC. I had never really been to DC, didn't know my way around, nor knew where I was going. It was just fate and destiny which put me at the right place at the right time. My politics didn't jibe too much with some of the brothers from NOI but I had to remember who brought me to this dance… This was put to the test when I was challenged by one of them about my wearing my Kappa gear. I let it go because this wasn't supposed to be about brother vs brother but brother for brother. At the hotel room as I saw them getting ready, I kinda started to realize just who I was with, brothers on a mission just in need of direction…. As they were saying I'll pray for XYZ, they also made sure they placed caveots on those prayers. This made me develop a personal philisophy on prayers, never let someone pray for you until that prayer has been specified by you. Don't just pray for me, you make your pray the right prayer. That said, I put a little distance between me and the brother from NOI and found my Kappa brothers. We did our thing, we posed for pictures, sang a few frat hyms and then dispersed. OK I thought.. This was a photo op, what are we going to do at the Million Man March? I was on my own. With camrea I started making my way thorugh the sea of black men and before I realized it, there were a lot of us, I mean we took over DC. There were folks trying to make a buck or two selling mmm gear but still there was no fooling around. For the first time in my life I saw brothers helping brothers, boys becoming men, men becoming agents of change and quietly I was transformed. From this march I realized that I was a conduit, a link in a long chain of success throguh adversity. Someone helped me and people would still contiue to help me but no now I had to do my part in the helping. I had to be that hand up for somebody… my link started with my dad, then with Rayomnd, then with GW, then with E, then Lou, then back with GW and now I had to pull some brothers thorugh. My life link, my chain of men was far from perfect and nowhere near complete…… In fact the Million Man March was my starting point. Beleifs were formed and political ideology was born. It was now only a matter of time before all this got put into pratice...
Monday, July 03, 2006
Evidence--so I am not carzy
DIANE FUTRELLE, Plaintiff, v. DUKE UNIVERSITY, SUSAN J. FEINGLOS, PATRICIA L. THIBODEAU, DefendantsNo. COA96-902 (Filed 19 August 1997) I. II. [4]Since the trial court erred by denying the motion to confirm the arbitration award, upon remand the trial court is directed to confirm and enter judgment on the award. Once judgment is entered upon the arbitration award, it will then operate "as an estoppel not only as to all matters actually determined or litigated in the prior proceeding, but also as to all relevant and material matters within the scope of the proceeding which the parties, in the exercise of reasonable diligence, could and should have brought forward for determination." Rodgers Builders v. McQueen, 76 N.C. App. 16, 22, 331 S.E.2d 726, 730 (1985), disc. rev. denied, 315 N.C. 590, 341 S.E.2d 29 (1986). Since all claims within the scope of the arbitration proceeding are barred by judgment on the award, we must determine the scope of the accord and satisfaction and plaintiff's ratification of the arbitration award and the resulting impact on plaintiff's claims.
1. Appeal and Error § 124 (NCI4th)-- denial of motion to confirm arbitration -- interlocutory order -- immediate appeal
An interlocutory order denying defendants' motion to confirm an arbitration award and to dismiss plaintiff's action for breach of contract, wrongful discharge, and defamation involved a substantial right and was immediately appealable.
2. Accord and Satisfaction § 8 (NCI4th)-- arbitration award -- acceptance and cashing of check
Plaintiff university medical librarian's acceptance and cashing of a check from defendant university pursuant to an arbitration award in a dispute concerning her termination by her supervisors and the university constituted an accord and satisfaction, although the check did not contain the words "payment in full," where the undisputed facts show (1) that defendants intended the check to be full and final payment resolving the dispute, and (2) that plaintiff understood defendants' intent.
3. Arbitration and Award § 33 (NCI4th)-- cashing of check -- ratification of arbitration award
Plaintiff ratified an arbitration award when she accepted and cashed defendants' check paid pursuant to the award.
4. Arbitration and Award § 36 (NCI4th)-- wrongful termination - - arbitration award -- cashing of check -- waiver of related claims
Plaintiff university medical librarian's acceptance and cashing of defendant university's check constituted an accord and satisfaction and ratification of an arbitration award pertaining to a dispute as to whether she was wrongfully terminated by defendant university which waived any right to bring future claims arising out of or related to the termination where the letter sent by defendant university with the check stated that payment was being made in accordance with the arbitration award; the stipulated arbitration issue was whether plaintiff was terminated in violation of the law or university policy; and the arbitration award referred to provisions of the university's dispute resolution procedure regarding the binding effect of arbitration. Therefore, plaintiff's claims for breach of contract and wrongful discharge, which related directly to whether she was wrongfully terminated, and her defamation claims, which arose out of and were directly related to her termination, were barred and should have been dismissed by the trial court.
Appeal by defendants from order entered 24 April 1996 by Judge F. Gordon Battle in Orange County Superior Court. Heard in the Court of Appeals 2 April 1997.
Michael B. Brough & Associates, by Stephen D. Brody and Michael B. Brough, for plaintiff-appellee.
Fulbright & Jaworski L.L.P., by John M. Simpson, for defendant-appellants.
McGEE, Judge.
In November 1992, plaintiff was hired by Duke University (Duke) for a specified term of employment as a Learning Resources Librarian at the Duke University Medical Center Library (Library). Plaintiff became an "exempt employee" meaning that she was not subject to a collective bargaining agreement. Duke contends, and plaintiff disagrees, that Duke's Exempt Staff Member Dispute Resolution Procedure (DRP) became part of plaintiff's employment contract when she was hired.
In September 1994, plaintiff requested permission from Susan Feinglos, her supervisor, to attend a professional conference. Defendants contend Feinglos denied the request. Plaintiff contends Feinglos authorized her to attend the conference if she completed equipment specifications for a work project. Plaintiff attended the conference and was absent from the workplace on 29 September and 30 September 1994. On 29 September 1994, plaintiff contacted Feinglos from the conference site at which time Feinglos told plaintiff she had not been given permission to attend the conference. Upon plaintiff's return to work on 3 October 1994, Feinglos handed her a termination letter. Another supervisor, Patricia L. Thibodeau, escorted plaintiff to her office and told her to pack her belongings and leave the premises.
Plaintiff contends Feinglos sent a copy of the termination letter to Gordon Hammes, an administrator with Duke University Medical Center. She also contends that, shortly after her termination, Thibodeau attended a professional conference and told one or more persons in attendance that plaintiff was terminated for "willful insubordination." Plaintiff further contends Thibodeau told several of plaintiff's professional colleagues at the Library that plaintiff had been terminated for willful insubordination, grave misconduct, and a poor work performance history.
Plaintiff challenged her dismissal through the DRP. After proceeding through various steps of review under DRP, plaintiff requested arbitration under Article IV of DRP which provides that the decision of the arbitration panel "shall be final and binding between the parties as to all claims which were or could have been raised in connection with the dispute, to the full extent permitted by the United States Arbitration Act." In the letter requesting arbitration, plaintiff's attorney stated plaintiff's "request is made without prejudice to [her] right to pursue any other form of relief" and that it was his understanding that arbitration "would not have any preclusive effect." In this letter, he asked Duke to respond if it had a contrary understanding so that plaintiff would have the opportunity to withdraw her request for arbitration. In a response letter, Duke's attorney accepted plaintiff's request for arbitration but also stated "I am enclosing a copy of the University's exempt staff member dispute resolution procedure, which answers the other questions in your letter."
The parties then proceeded with arbitration before a panel of the American Arbitration Association. In an award issued 6 July 1995, the panel concluded plaintiff was intentionally insubordinate but that termination was too harsh because she had no past incidents of discipline on her record and had not received any corrective discipline prior to termination. The panel further concluded the appropriate penalty was reinstatement with three month's back pay and benefits. However, the panel also quoted from a DRP provision which gives Duke the discretion to pay severance pay in lieu of reinstatement and concluded, in reference to this option, that "the parties are bound by that language, if it is properly executed and enforced."
In July 1995, Duke's attorney informed plaintiff that Duke was exercising its discretion under the DRP to pay severance pay in lieu of reinstatement and enclosed a check in the amount of $16,158.69. In her affidavit, defendant Thibodeau asserts this check cleared Duke's account in August 1995. Accompanying the check was a letter from Duke University Counsel which stated:
In accordance with the Arbitration Panel's Award, [the defendant] is enclosing a check payable to [plaintiff] which includes payment for six (6) months severance pay (in lieu of reinstatement); for three (3) months backpay; and for vacation accrued for such three (3) months backpay; and for vacation accrued for such three (3) month period.
On 3 October 1995, plaintiff filed this action against defendants seeking damages for breach of contract, wrongful discharge, and defamation. On 15 November 1995, defendants moved to confirm the arbitration award and to dismiss the action. By order filed 24 April 1996, Judge F. Gordon Battle denied defendants' motion. Defendants appeal.
[1]We first note this appeal is interlocutory because the order denying defendants' motion to confirm the arbitration award and dismiss the action "'does not determine the issues but directs some further proceeding preliminary to final decree.'" See Waters v. Personnel, Inc., 294 N.C. 200, 207, 240 S.E.2d 338, 343 (1978)(quoting Greene v. Laboratories, Inc., 254 N.C. 680, 693, 120 S.E.2d 82, 91 (1961)). However, we have held an "order denying arbitration, although interlocutory, is immediately appealable because it involves a substantial right which might be lost if appeal is delayed." Bennish v. North Carolina Dance Theater, 108 N.C. App. 42, 44, 422 S.E.2d 335, 336 (1992)(quoting Prime South Homes v. Byrd, 102 N.C. App. 255, 258, 401 S.E.2d 822, 825 (1991)). Similarly here, we hold the order denying defendants' motion involves a substantial right because the right to arbitration would effectively be lost if appeal is delayed.
We initially recognize that "North Carolina has a strong public policy favoring arbitration." Red Springs Presbyterian Church v. Terminix Co., 119 N.C. App. 299, 303, 458 S.E.2d 270, 273 (1995). The essential thrust of the Federal Arbitration Act, which is in accord with the law of our state, is to require the application of contract law to determine whether a particular arbitration agreement is enforceable; thereby placing arbitration agreements "upon the same footing as other contracts." Doctor's Associates, Inc. v. Casarotto, ___ U.S. ___, ___, 134 L. Ed. 2d 902, 909 (1996)(citations omitted). It is essential that parties to an arbitration specify clearly the scope and terms of their agreement to arbitrate as enforcement of arbitration agreements is not subject to less scrutiny than the enforcement of other agreements.
[2]Defendants contend plaintiff was bound by the arbitration award pursuant to her employment contract and, in the alternative, by her participation in arbitration under the DRP, and that the trial court therefore erred by failing to confirm the award and denying their motion to dismiss. We do not reach the merits of whether there was a valid agreement to arbitrate, however, because we hold plaintiff's acceptance of defendants' payment pursuant to the arbitration award constitutes both an accord and satisfaction and a ratification of the arbitration award.
In its order denying defendants' motion to confirm the award and to dismiss plaintiff's claims, the trial court stated it reviewed the pleadings and affidavits filed in support of and in opposition to this motion. When a trial court considers matters outside the pleadings, a motion to dismiss may be converted into a motion for summary judgment. King v. Durham County Mental Health Authority, 113 N.C. App. 341, 345, 439 S.E.2d 771, 774 (1994). In addition, here the issue of accord and satisfaction may be resolved as a matter of law since there are no material facts in issue surrounding the delivery and acceptance of defendants' payment. "Although the existence of accord and satisfaction is generally a question of fact, 'where the only reasonable inference is existence or non-existence, accord and satisfaction is a question of law and may be adjudicated by summary judgment when the essential facts are made clear of record.'" Zanone v. RJR Nabisco, 120 N.C. App. 768, 771, 463 S.E.2d 584, 587 (1995).
Article 3 of the Uniform Commercial Code is invoked when a dispute arises over a payment made with a negotiable instrument, such as the check issued by the defendants to plaintiff. See N.C. Gen. Stat. § 25-3-102 (1995) (discussing scope of Article 3); see also N.C. Gen. Stat. § 25-3-104 (1995)(defining "negotiable instrument"). Under this article, a payment by a party may constitute an accord and satisfaction of a dispute if the following requirements are met:
(a) If a person against whom a claim is asserted proves that (I) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.
(b) . . . the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
N.C. Gen. Stat. § 25-3-311 (1995).
In Zanone, RJR Nabisco by letter offered former employee Zanone a $5000 check as "full and final payment of [Zanone's] severance relocation associated benefits." Zanone, 120 N.C. App. at 772, 463 S.E.2d at 588. Although RJR's letter was not marked "payment in full" or accompanied by a letter explaining it was "payment in full," this Court found the letter "established RJR's intent [that] the $5000 check be treated as an accord" because the facts and circumstances surrounding receipt of a check may establish an accord and satisfaction. Id. Upon receipt of RJR's letter, Zanone responded stating he regretted he could not accept the offer as final and he believed $5000 to be insufficient. Id. at 772-73, 463 S.E.2d at 588. RJR then mailed the check to Zanone who cashed it. This Court found: "[a]lthough Zanone registered his objection to the $5000 amount by letter . . . , he had no further communication with RJR concerning the disputed debt prior to cashing the $5000 check." Id. at 774, 463 S.E.2d at 589. This Court concluded "Zanone received the $5000 check clearly understanding RJR was offering the $5000 check as 'full and final' payment of the disputed debt" and held there was accord and satisfaction as a matter of law barring Zanone's breach of contract claim. Id. at 774-75, 463 S.E.2d at 589.
Similarly here, defendants have established, as a matter of law, the Article 3 requirements for accord and satisfaction. Defendants have introduced undisputed evidence that they tendered to plaintiff in good faith a check for $16,158.69. By affidavit defendant Thibodeau testified this check cleared Duke's account in August 1995. Plaintiff has presented no evidence to contest defendants' assertion that plaintiff cashed the check. The requirement, that a dispute exist, is satisfied in that, prior to payment of this amount, the parties disputed what remedy, if any, plaintiff was entitled to receive because of defendants' decision to terminate her employment contract. The requirement of a conspicuous statement that the instrument is tendered as full satisfaction of the claim is satisfied by the letter from Duke University Counsel which accompanied the check. This letter acknowledges receipt of the arbitration panel's decision and states defendants are exercising their discretion to pay severance pay in lieu of the reinstatement ordered in the arbitration award. The letter states the check is enclosed "[i]n accordance with the Arbitration Panel's Award." As in Zanone, the omission of the words "payment in full" does not prevent the accord and satisfaction given the facts and circumstances surrounding payment and receipt of the check. We hold there was an accord and satisfaction as a matter of law because the undisputed facts show the following to be the only reasonable inferences regarding the parties' intent: (1) that defendants intended the check to be full and final payment resolving the dispute and (2) that given the reference to the final arbitration award, plaintiff understood that this was defendants' intent.
[3]Furthermore, by cashing the check as presented to her, plaintiff effectively ratified the arbitration award. The Oregon Court of Appeals reached a similar conclusion in Harrington v. Warlick, 758 P.2d 387 (Or. App. 1988). In Harrington, the court held that the defendants waived their right to appeal an arbitration award when they accepted the award. Id. at 388. Although here the issue is whether a party may collaterally attack an arbitration award through civil action rather than whether the party may appeal the award, we find the same principles apply. Thus, we hold plaintiff ratified the arbitration award when she accepted defendants' check paid pursuant to the award. For this reason, the trial court erred by failing to confirm the arbitration award.
In determining whether the parties agreed to submit a particular dispute or claim to arbitration, we must look to the language in the agreement. Id. at 23-24, 331 S.E.2d at 731. "Whether denominated accord and satisfaction or compromise and settlement, the executed agreement terminating or purporting to terminate a controversy is a contract, to be interpreted and tested by established rules relating to contracts." Casualty Co. v. Teer Co., 250 N.C. 547, 550, 109 S.E.2d 171, 173 (1959). In an accord and satisfaction, the accord is the agreement and the satisfaction is execution of the performance of the agreement. Bizzell v. Bizzell, 247 N.C. 590, 601, 101 S.E.2d 668, 676, cert. denied, 358 U.S. 888, 3 L. Ed. 2d 115 (1958), reh'g denied, 358 U.S. 938, 3 L. Ed. 2d 310 (1959); Bumgarner v. Tomblin, 63 N.C. App. 636, 642, 306 S.E.2d 178, 183 (1983). Here, the letter sent by defendants along with the check states the payment is being made "[i]n accordance with the Arbitration Panel's Award." By so referencing the award, this letter effectively incorporated the terms of the arbitration award making the terms of the award part of the offer of settlement included in the accord. Plaintiff's ratification of the award by cashing the check effected her acceptance of the accord terms.
The stipulated issue of the arbitration stated in the arbitration award was whether the plaintiff was "terminated in violation of the law or University policy." Given this stipulation, we hold plaintiff's claims for breach of contract and wrongful discharge, both of which relate directly to whether she was wrongfully terminated, are barred and should have been dismissed. The award also states that it is "based on the entire record, the Exempt Staff Member Dispute Resolution Procedure [DRP] and the facts and circumstances of this case." Section E of the DRP provides "[t]he decision of the panel shall be final and binding between the parties as to all claims which were or could have been raised in connection with the dispute, to the full extent permitted by the United States Arbitration Act." The award further states that the parties are bound by language in the DRP which gives defendants the option to pay severance pay in lieu of reinstatement. Since the arbitration award, ratified by plaintiff, directly references the DRP provisions regarding the binding effect of arbitration and states that it is based on the DRP, we hold, as a matter of law, that plaintiff accepted the resolution of the dispute based solely on the stipulated issue and waived any right to bring future claims arising out of or related to the termination when she ratified the award by accepting the check in satisfaction of the dispute. Since the slander and libel claims clearly arise out of and are directly related to her termination, these claims should be dismissed.
We note that parties entering into arbitration should exercise great care to delineate the precise claims and disputes to be resolved and to reserve specifically any claims they wish not to be precluded by the arbitration. As this Court has previously emphasized:
A party is required to bring forth the whole case at one time and will not be permitted to split the claim or divide the grounds for recovery; thus, a party will not be permitted, except in special circumstances, to reopen the subject of the arbitration or litigation with respect to matters which might have been brought forward in the previous proceeding.
Rodgers Builders, 76 N.C. App. at 23, 331 S.E.2d at 730.
In summary, the trial court erred by not confirming the arbitration award and by not dismissing all of plaintiff's claims.
Reversed and remanded.
Judges COZORT and MARTIN, John C. concur.
Judge Cozort participated in this opinion prior to his resignation on 31 July 1997.
**** End of Document ****
Converted from WordPerfect
Invictious 1995
Lets start with how do I feel compared to how I felt…..
The year was 1995… I was hot in my graduation robe in that day in May. The first time I graduated, I was a mess a pure class a certified mess. I initially graduated in May of 1993 with a BA in english and media journalism. To me that degree was useless, I had no intention of going into television news, especially after how I saw how the televison news bastardized black folk. I saw a woman get shot and killed at a bank robery. Now how seeing that at the impressionable age of 22 was like damn. I was one of 3 african americans in the news room and I was the intern. To see that death played over and over and over again in the news room and the gross insenstitivy toward the victim's family was just too much for me to bare… So I in short had a useless degree. When I graduated in 93 I actually had a bottle of teqella under my robe, the night before I had lets see, one glass of concac, one martini, one glass of champaing. The next morning, I had a hangover. So what do I decide to do? Fix it with tequila and organge juice mixed inside of a squeeze bottle. I was so stupid then-- who in the hell drinks at a graduation cerimony especially at a theirs. Chalk one up for our side. I had so much nerve I actually made it a point to get on the television news that day saying how perpared I was to "carpe deim" seize the day. With a 2.3 GPA no demo reel, no real news experience and a useless degree here I was ready to take on the day, well actually take my place in the long line of invisible people with a resume to try to get a job. It was embarassing, especially to my mom who had just completed her Ph.D. The word she used was sham. It was a sham graduation because I had been a piss poor student. Her companion, another Ph.D. who also worked in the same departmnt where I obtained my degree was in total agreement. So much to the point that for my graduation presnet, I got something I would always take with me. An eviction notice. Yes, the two of them comspired against me to let me know that this was the real world and my academic career was over. Damn.. I guess the message didn't really make sense until I saw the locksmith come to change the locks I had not now a key. IN fact what I did have was two hours actually to collect what I had of value and get out. Man when I think about it now, especially in hindsight, I think then I really found out who my real friends were. I could count them on one finger. My girlfriend was not in that group… in fact, my relationship at that time with here was hanging on a thread at best, and that thread was unravelling by the second. In one night of passion, that eve of my BA graduation, I really felt that I was in a monogous relatinoship.. What's the pharse in that song, young, dumb and full -- you can pretty much figure out the rest. In June, I was told that I was going to be a father. Damn, this is my fault, my fault.. My life is now offically over, I have successfully failed life. At her apartment one day I made the faital mistake and answerd the phone. Some dude was on the other line.. When he heard my voice and abrouptly got off the phone saying OhMy God, one and one suddlenly started adding up to four. One woman, two men and one baby.. Either I was incredilby dumb or I had been set up in some incredibly rediculous plot.. Either way two things had to happen. A decision had to be made regarding the pregnancy and our relationship. Using the logic of finicances, we both decided that right now would not be the time to bring a baby into the world and this is where my one friend at that time comes in. JR-- John Ross, who allowed me to sleep on his bunk bed at his dad's house while I was evicted loaned me the money for the abortion. During that time, he too was going through some beef of his own. His girlfriend had put him through changes. As he was breaking up with her, during their property settelement there was a minor dispute regarding a gold chain. She wanted to keep it, he wanted it back. Again, phalic logic intervened and one two hundered dollar VCR went flying out the window her apartment. A few hours later, come the university police to cart him off to jail. Don't you just see the bling bling flashing billboard with the word DAMN in the backgound…. Well the funny thing was she was calling me telling me who sorry she was to call the police on him…I'm like Joe Pecschi in Goodfellas, "You stupid dumbass what the fuck is wrong with you. You the one with the black belt in Karate, why didn't you just break his arm or something.. You got my man in jail and he's workinging a white collar computer company and now you decide to be sorry about it! You are damnest fool I done seen in my whole damn life. " Well by August, things had pretty much gotten back to well some degree of normalcy. JR was out of jail with out a record. His exgirlfriend was pursusaded to drop the charges. My future exgirlfriend went through with the abortion and I was finally back at home. See working at a box factory, where people strictly don't give a damn about you really has a humbeling factor to it.. I was willing to pay rent of about 125 per month, I had a job and I actually had some news for mom and E. I was going to go back to school.
They both laughed as they contiued to drink their wine. OK then-- they don't want to take me seriouslly, fine, I'll have earn their respect and after that, respectfully, they could kiss my tail because I was determined that I was not finished with school and that I actually could master this thing called college. The first semester I decied to take one class. I got an A. My first 4.0 average. The next semester I took three classes becaue Mom was like anybody could take a class and get an A. Fine mommie dearest, fine.. So after I had my infamous I-40 breakup, I applied myself and guess what, I did it again. I sustaind a 4.0 average. By this time I was detoxing myself of one reationship while becoming enmoured of another woman. She was black and korean. She was cute, had the prefect mix of crazy sexy and cool. But to her I was the infamous friend. She was in the same graduate program I was in at NCCU. Anyway, that summer I decided to contiue w- school because I really had momentum.. Unfortuantely what I didn't have was reliable transportation. My pontiac ferio suffered a major blow. One wheel went left while the car went right. In my face was again my mother saying you need to get a job. I am like silently saying to myself- ma I love you but you really starting to get on my nerves.. In spite of her naging, I contiued with summer school taking one psychology class and one statistics class. My 4.0 average took a small hit. I got an A in the psyche class while I got a hard B in the stats class. Here I was in the fall of 1994 with one more semester of course work to go and I needed to start writing my thesis. How was I going to get to class duing this time.. Well that's when I took up roller blading.. Roller blading to the bus stop, rollerblading to class. And to my job on campus.. Some how, I remainded strong despite my fraterny borther's protests. What the hell does a Kappa man look like rollerblading to class. I had a two word answer for them.. Fuck Them, this was my degree and I had to hearn it, and nobody inclding my mother was going to stand in my way. In may of 1995 I graduated with a MA -- with honors. My mother and other critics were silenced.. How did he do it? How did a person with such a low undergraduate GPA finish a masters program in two years with honors. Simple, I was defiant. I was defiant as a kid which proably meant I was destined to be defiant as an adult. This graduation was different, I was sober and scared, but at least I admitted that I was afraid as opposed to drwoning my fears in alcohol. During that time I had manged to pop another shocker on them, I was admitted to a Ph.D. program- Howard Univeristy accepted me in their program of human commucation studeis.. Well what are you going to do they asked……
I was like awe struck because I actually had options as an adult as opposed to choices. Options meant I had some sense of agency where as choices I signified as the reminants of being the victim of circumstance. The other ooption on the table was the opprotuntiy to work at the norht carolina school of science in math based in Durham.. Make money or get the Ph.D. I had this reationship I established with money so I made a compromise, I would work at NCSSM for one year and if I didn't like it, hell go straight to DC and get a taste of life in the big city….. One Sunday night in September, as E walked out of the door, circumstances knocked on the door and suddenly, just when I thought I was out of the fell clutches of circumstance, those mother fuckers pulled me back in…….
The year was 1995… I was hot in my graduation robe in that day in May. The first time I graduated, I was a mess a pure class a certified mess. I initially graduated in May of 1993 with a BA in english and media journalism. To me that degree was useless, I had no intention of going into television news, especially after how I saw how the televison news bastardized black folk. I saw a woman get shot and killed at a bank robery. Now how seeing that at the impressionable age of 22 was like damn. I was one of 3 african americans in the news room and I was the intern. To see that death played over and over and over again in the news room and the gross insenstitivy toward the victim's family was just too much for me to bare… So I in short had a useless degree. When I graduated in 93 I actually had a bottle of teqella under my robe, the night before I had lets see, one glass of concac, one martini, one glass of champaing. The next morning, I had a hangover. So what do I decide to do? Fix it with tequila and organge juice mixed inside of a squeeze bottle. I was so stupid then-- who in the hell drinks at a graduation cerimony especially at a theirs. Chalk one up for our side. I had so much nerve I actually made it a point to get on the television news that day saying how perpared I was to "carpe deim" seize the day. With a 2.3 GPA no demo reel, no real news experience and a useless degree here I was ready to take on the day, well actually take my place in the long line of invisible people with a resume to try to get a job. It was embarassing, especially to my mom who had just completed her Ph.D. The word she used was sham. It was a sham graduation because I had been a piss poor student. Her companion, another Ph.D. who also worked in the same departmnt where I obtained my degree was in total agreement. So much to the point that for my graduation presnet, I got something I would always take with me. An eviction notice. Yes, the two of them comspired against me to let me know that this was the real world and my academic career was over. Damn.. I guess the message didn't really make sense until I saw the locksmith come to change the locks I had not now a key. IN fact what I did have was two hours actually to collect what I had of value and get out. Man when I think about it now, especially in hindsight, I think then I really found out who my real friends were. I could count them on one finger. My girlfriend was not in that group… in fact, my relationship at that time with here was hanging on a thread at best, and that thread was unravelling by the second. In one night of passion, that eve of my BA graduation, I really felt that I was in a monogous relatinoship.. What's the pharse in that song, young, dumb and full -- you can pretty much figure out the rest. In June, I was told that I was going to be a father. Damn, this is my fault, my fault.. My life is now offically over, I have successfully failed life. At her apartment one day I made the faital mistake and answerd the phone. Some dude was on the other line.. When he heard my voice and abrouptly got off the phone saying OhMy God, one and one suddlenly started adding up to four. One woman, two men and one baby.. Either I was incredilby dumb or I had been set up in some incredibly rediculous plot.. Either way two things had to happen. A decision had to be made regarding the pregnancy and our relationship. Using the logic of finicances, we both decided that right now would not be the time to bring a baby into the world and this is where my one friend at that time comes in. JR-- John Ross, who allowed me to sleep on his bunk bed at his dad's house while I was evicted loaned me the money for the abortion. During that time, he too was going through some beef of his own. His girlfriend had put him through changes. As he was breaking up with her, during their property settelement there was a minor dispute regarding a gold chain. She wanted to keep it, he wanted it back. Again, phalic logic intervened and one two hundered dollar VCR went flying out the window her apartment. A few hours later, come the university police to cart him off to jail. Don't you just see the bling bling flashing billboard with the word DAMN in the backgound…. Well the funny thing was she was calling me telling me who sorry she was to call the police on him…I'm like Joe Pecschi in Goodfellas, "You stupid dumbass what the fuck is wrong with you. You the one with the black belt in Karate, why didn't you just break his arm or something.. You got my man in jail and he's workinging a white collar computer company and now you decide to be sorry about it! You are damnest fool I done seen in my whole damn life. " Well by August, things had pretty much gotten back to well some degree of normalcy. JR was out of jail with out a record. His exgirlfriend was pursusaded to drop the charges. My future exgirlfriend went through with the abortion and I was finally back at home. See working at a box factory, where people strictly don't give a damn about you really has a humbeling factor to it.. I was willing to pay rent of about 125 per month, I had a job and I actually had some news for mom and E. I was going to go back to school.
They both laughed as they contiued to drink their wine. OK then-- they don't want to take me seriouslly, fine, I'll have earn their respect and after that, respectfully, they could kiss my tail because I was determined that I was not finished with school and that I actually could master this thing called college. The first semester I decied to take one class. I got an A. My first 4.0 average. The next semester I took three classes becaue Mom was like anybody could take a class and get an A. Fine mommie dearest, fine.. So after I had my infamous I-40 breakup, I applied myself and guess what, I did it again. I sustaind a 4.0 average. By this time I was detoxing myself of one reationship while becoming enmoured of another woman. She was black and korean. She was cute, had the prefect mix of crazy sexy and cool. But to her I was the infamous friend. She was in the same graduate program I was in at NCCU. Anyway, that summer I decided to contiue w- school because I really had momentum.. Unfortuantely what I didn't have was reliable transportation. My pontiac ferio suffered a major blow. One wheel went left while the car went right. In my face was again my mother saying you need to get a job. I am like silently saying to myself- ma I love you but you really starting to get on my nerves.. In spite of her naging, I contiued with summer school taking one psychology class and one statistics class. My 4.0 average took a small hit. I got an A in the psyche class while I got a hard B in the stats class. Here I was in the fall of 1994 with one more semester of course work to go and I needed to start writing my thesis. How was I going to get to class duing this time.. Well that's when I took up roller blading.. Roller blading to the bus stop, rollerblading to class. And to my job on campus.. Some how, I remainded strong despite my fraterny borther's protests. What the hell does a Kappa man look like rollerblading to class. I had a two word answer for them.. Fuck Them, this was my degree and I had to hearn it, and nobody inclding my mother was going to stand in my way. In may of 1995 I graduated with a MA -- with honors. My mother and other critics were silenced.. How did he do it? How did a person with such a low undergraduate GPA finish a masters program in two years with honors. Simple, I was defiant. I was defiant as a kid which proably meant I was destined to be defiant as an adult. This graduation was different, I was sober and scared, but at least I admitted that I was afraid as opposed to drwoning my fears in alcohol. During that time I had manged to pop another shocker on them, I was admitted to a Ph.D. program- Howard Univeristy accepted me in their program of human commucation studeis.. Well what are you going to do they asked……
I was like awe struck because I actually had options as an adult as opposed to choices. Options meant I had some sense of agency where as choices I signified as the reminants of being the victim of circumstance. The other ooption on the table was the opprotuntiy to work at the norht carolina school of science in math based in Durham.. Make money or get the Ph.D. I had this reationship I established with money so I made a compromise, I would work at NCSSM for one year and if I didn't like it, hell go straight to DC and get a taste of life in the big city….. One Sunday night in September, as E walked out of the door, circumstances knocked on the door and suddenly, just when I thought I was out of the fell clutches of circumstance, those mother fuckers pulled me back in…….
The Rhyme of Calypso's Son
I really have to stop and think. What happened to me makes me sad, which is followed by crying, followed by anger and then followed by the need to get even. I don't like that. I don't like how I feel. How do I feel after this episode or revisiting this episode in my life. To know that I am now permantly scarred with that event… Working with her and under those conditions-- abusive, painful, and just so self demeaning. It has been two years now since I have left NCSSM. I should be happy working on my Ph.D. with my son on the way in less than a few months and a wife who loves me 75% of the time-- well she loves me but can't stand my finicial philisophy. But I am not happy when I think about my NCSSM case. I am not happy about the fact that I went through hell, I mean psychological trauma that the state of North Carolina doesn't recognize. I still have nightmares sometimes about this and it just sickens me. The fact that someone invaded my mind, my peace of mind and no one even recognized my torture. It was like I was raped, but it wasn't a rape that was sexual but psychological.. Now how does one rape an individual psychologically? That's a pretty damn good question. My experinece I think supplys the pretty damn good answer. I like to think of it as my baptisim by fire. I think I would have prefered to have gotten shot in the face some days because there would at least be some type of physical reminder of what happened to me. In the world in which we live in, the physical scars will at least heal with time, physical intervnetion, and with the aid of a few dollars, a new face, a new extermity, a new body part can be created. But the psyche is vastly different. You just can't go out and buy a new set of expeiences, a new psychological profile a new idendity -- at least on the white market anyway. But being Calypso's son somedays, I have to seek new, inovative and cereative ways to survive in the face of adversity. Inspite of my best attemtps, those scars will never go away. No amount of psycotherapy will ever make me for get what happened ot me and in hindsight, maybe I am not meant to forget them. Maybe what happened to me was supposed to happen to me. Menatally tourture and all. Maybe I was suppose to be the one who brings this matter to the forefront for discussion.. Maybe I was meant to tell this tale of woe very much like the tale of albatross in Rhyme of the Anchient Mariner so in hopes those who do face instances of what happen to me, they will be better perpared not have it happem to them. Evidently, this appears to be the case. And since that is that, I had better get use to the fact that I have to spin this yarn in its interity. With that said……. This is my curse, this is my fate, this is my destiny, this is my story…..
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