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LONGMONT, Colo. – Mara Pawlowski has had a passion for horses her entire life. “I drive to the ranch and my heart is beating so hard I’m so excited,” Pawlowski said. But when she was diagnosed with multiple sclerosis 20 years ago, riding a horse took on a whole new meaning. “It’s hard for me to walk, but Elizabeth, I can ride a horse. And the self-confidence you get from that is pretty amazing.” For nearly eight years, Pawlowski has been taking therapeutic horseback riding lessons at 502
A Wilson County, Tennessee, woman is facing a lawsuit after she posted a negative review on Yelp about a middle Tennessee doctor in November. Kelly Beavers is accused of defamation and libel, and false light for a post she made about Dr. Kaveer Nandigam of Nandigam Neurology in Murfreesboro. Her Yelp review, which remained on the website three weeks after she originally posted it, said, "This "Dr's" behavior today was totally unprofessional and unethical to put it mildly. I will be reporting him to the State of TN Medical Review Board and be filing a formal complaint. How this guy is in business is beyond me. Since when did they start allowing Doctors, to throw a complete temper tantrum in front of Patients and slam things when they get upset? He does not belong in the medical field at all." On November 27, the attorney for Nandigam Neurology filed a ,000 lawsuit against Beavers and her friend's son who posted a negative review on Google as well and has since been accused of conspiracy. Beavers said he wrote the review after he overheard her conversation. The lawsuit said the review "contained false, disparaging, and misleading statements." The lawsuit also suggested that the second defendant "was specifically recruited" by Beavers to post false and misleading statements. The plaintiff is also demanding Beavers to remove the post and for the court to issue an injunction to prohibit any further statements against Nandigam Neurology. As of this week, Nandigram Neurology only has Beavers' review and another post that gave the business five stars. Meanwhile, the company has 4.3 out 5 stars from the 21 reviews on Google. "Just in shock, I can't believe it," Beavers said. "They just don't want any negative reviews and they don't want people to talk about or give a bad review." Beavers said she has no regrets leaving the review on Yelp despite the legal action against her. She claimed she posted the review after what she called a disrespectful and shocking experience. After being referred to Nandigam Neurology, Beavers brought her 67-year-old father for dizziness and memory loss, which may have been early signs of dementia. There have been prior interactions with the staff but never with the doctor until the last visit. Beavers says the interaction seemed fine at first, but that said the doctor then threw a temper tantrum and slammed his clipboard when he realized she was recording the appointment on her cell phone, which is something she has done with other doctor visits. "Sometimes we all have things we forget, so that's why I record every doctor's visit. I want to make sure that I'm doing everything right," she explained. "He literally snapped and demanded my phone." Since Tennessee is a one-party consent state, she could record on her phone without the need for permission. Nevertheless, she claims she deleted the recording after he demanded her to. Later that day, an office employee called her to get her version of the story and deemed it was likely a miscommunication. The employee said phones were not allowed in the office, and the situation could have been mitigated if there was a prior notice to record. Beavers believed she should have been taken aside to address any concerns. Ken Paulson of the Free Speech Center, a nonpartisan educational institution that teaches how the First Amendment works in society, said there always needs to be a conscious effort to differentiate between stating an opinion or fact on platforms like Yelp. Words like unethical, dishonest or lying have the potential to damage a reputation or business if believed widely. "Don't state things you cannot back up. It's okay to say you didn't like this pizza or the anchovies were terrible because that's opinion, but you can't say they can't make this pizza without washing their hands. It's a difference in expressing an opinion and damaging a business or person," Paulson said. In reality, lawsuits like what Beavers is facing could be disputed in court and avoid the judicial process under the newly enacted Tennessee Public Participation Act otherwise known as an Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation. The act hopes to prevent filing lawsuits as a form of intimidation and protect First Amendment rights, and has slowed down what was a common type of lawsuit in the past. "It allows you when you're sued to go to a judge and say, 'This is nonsense, they're just angry, I didn't cause any damage, will you dismiss this?'" Paulson explained. "They have to prove in the long run that you damaged them and spoke untruths." A judge is there to weed out cases that have no merit but if it is not dismissed, will still have to go through the judicial process. Speech Defense and Anti-SLAPP Lawyer Daniel Horwitz expressed his approval for the legislation when it was passed. He said an overwhelming majority of defamation and other speech-based lawsuits are not filed because a person has suffered an actual legal injury. Horwitz claims the purpose is to punish people for lawfully exercising their right to speak freely about a topic that the suing plaintiff wants to censor. “Tennessee’s new anti-SLAPP statute was specifically designed to punish abusive litigants who file baseless claims against people for exercising their First Amendment rights. The Yelp review is not even conceivably tortious, and the defendants should not give in to a bogus lawsuit like this one. Instead, they should fight back, get the plaintiff sanctioned, and make the plaintiff pay their attorney’s fees under the newly enacted Tennessee Public Participation Act," Horwitz said in a statement to NewsChannel 5.Beavers said she plans to a hire a lawyer and fight the lawsuit. Meanwhile, a request for comment for Nandigam Neurology has been left. 5817
PANAMA CITY BEACH, Fla. - Chris Nikic has officially set a new Guinness World Record. He’s the first athlete with Down syndrome to complete a full triathlon.Nikic finished Saturday’s 2.4-mile swim, 122-mile bike and 26.2-mile run in 16 hours, 46 minutes and nine seconds. He needed to complete the race in 17 hours to earn the title of Ironman.21-year-old Nikic, who lives in Maitland, Florida, says he didn’t let any obstacles come in his way despite being stung by fire ants and falling off his bicycle.“I decided to get back up and fight my way through,” he explained.Dan Grieb, Chris’ coach, was there by his side throughout the entire race. “He woke up as a boy with Down syndrome and went to bed an Ironman,” Dan explained Monday morning while packing up his bags to leave Panama City Beach.Grieb recalled a conversation he had with Nik Nikic, Chris’ dad, moments before the race. “I told his dad ‘Nik, you’ve done an amazing job with your boy for 21 years. Just give him to me for 17 hours and I promise I’ll return to you an Ironman. The greatest honor of my life was keeping that promise,” Grieb said with a smile.Nikic’s story has been an inspiration all across the world. Several parents of children with Down syndrome have reached out to the 21-year-old athlete through social media.“They say that I’m a hero,” Nikic said.“For everyone else like him around the world, it has been unbelievable,” Grieb added.Sherry Wheelock, the President of Special Olympics Florida says Nikic is proving that anything is possible. Nikic got a first taste of triathalons through his participation in Special Olympics.Wheelock says she expects interest in Special Olympics to explode following Nikic’s accomplishments. “I think others will be inspired to come out and be part of this unified movement,” she said.Nik Nikic came up with a goal for his son. That goal was to improve by 1% every day and it’s something Chris Nikic took to heart.His next goal is to participate in the Special Olympics USA Games in Orlando in 2022. The event will attract top Special Olympics athletes from all over the US, the Caribbean and Canada.Chris Nikic also hopes to one day buy his own home, his own car, live independently and get married “to a smoking hot blonde,” he said.“I want to inspire others so they can be like me so one day they can do it too,” Nikic added eagerly. This article was written by Sarah Hollenbeck for WFTS. 2438
As banks make it more difficult for hackers to get into their systems, criminals are now trying to get into retirement accounts. There are a couple of reasons why hackers would target a 401(k) and other types of retirement accounts. First, there are usually significant amounts of money in these accounts. Second, there are usually fewer safeguards when it comes to access.Consumer groups are finding that getting your retirement account breached may hurt you more in the long run. “There's no guarantee that the financial institution that holds your retirement account will return the money that's been stolen from you,” says Adam Garber, a consumer watchdog with 678