Today's Feature

To Fix the Fountain.

Carthage City Council approved a motion to enter into agreement with Concrete Services Corp. of Tulsa for renovation of the Central Park fountain and fish pond at the Council meeting Tuesday evening. A motion was passed to move the council bill forward from first reading to second reading as an emergency measure. The work done on the fountain is not to exceed $50,765.50 as agreed to by Concrete Services Corp.

Council also approved a motion to accept $5,000 from the General Federation of Women’s Clubs and $1,000 from the Carthage Community Foundation for the repairs.

Past President of the General Federation of Women’s Clubs Nancy Sanders spoke before Council and said that the federation was donating a 62" tall bronze statue, two concrete bowls, one 4’ and one 5’ in diameter and two pedestals to the City for the purpose of being used as the new fountain in the fish pond. Sanders said that the previous fountain is broken and in disrepair.

It is reported by Concrete Services Corp. that the work needed on the fountain will take approximately 22 days to complete.

I remember a similar incident as a kid, but I was on a tricycle. Hit a big crack in the sidewalk and over I went. I suppose the main difference was I was five at the time and didn’t suffer the embarrassment of a 24-year-old. I was expected to get myself into trouble pushin’ the limits of my capabilities. I wore my scars proudly.

This guy was a little reluctant to talk about his accident. I suppose as we get older doin’ stupid things just aren’t as much fun.

This is some fact, but mostly,

Just Jake Talkin’.

Dear Tom and Ray:

I have three different tire gauges, all of which give me different readings. They are all the old-style "pencil type" gauges, and all are made in China, if that makes a difference. How do I find one that can be trusted? - Jerry

RAY: Well, the pencil-type tire gauges, with the pop-up plastic readouts, are notoriously inaccurate. You could buy five more of them and you’d probably get eight different readings.

TOM: And the dial-up gauges used on air pumps at gas stations are even worse. You set it for 32 psi, you hear "ding-ding, ding -ding, ding-ding," and you drive away with 80 pounds of air in your tires, with your head bouncing off the ceiling.

RAY: We use a very precise dial gauge at the garage that cost us about 100 bucks, and it’s a beautiful instrument. We keep it under lock and key, because if we didn’t , my brother would use it as a hammer to free up stuck brake calipers, or to crack chestnuts.

TOM: But I’ll tell you what. We got some samples of some inexpensive, battery-powered plastic gauges with digital readouts. They were extremely accurate. You can get them at almost any auto-parts store now. They cost 15 or 20 bucks and they use replaceable batteries.

RAY: Yeah. The batteries cost 14 bucks.

TOM: Nah, they’re watch batteries; 3 or 4 bucks a pop. In any case, whoever makes these gauges (and I’m sure at least some of them are made in China), this style seems to be far more accurate than pencil-style gauges. So that’s what we’d recommend for you, Jerry.

RACING
By Greg Zyla
Sponsored by Curry Automotive

Q: Greg, a friend told me that Richard Childress Racing has filed a lawsuit against an insurance company because it did not pay up after Dale Earnhardt’s death at Daytona in 2001. He also said Childress is suing ESPN for using the number "3" in the movie it made about Earnhardt, "3." What’s up, and what’s your opinion? — Charles E., e-mail from New Port Richey, Fla.

A: Charles, it’s all true. According to a press release from RCR Racing, court proceedings in the lawsuit filed by Richard Childress Racing against the United of Omaha Life Insurance Company began in May. Richard Childress Racing agreed to insure Earnhardt for $7.2 million, to be payable to Teresa Earnhardt if he died during the first year of the contract. A $3.5 million life insurance policy was already in effect with National Life of Vermont, and Richard Childress Racing purchased an additional policy worth $3.7 million through agents of United of Omaha, a subsidiary of Mutual of Omaha, prior to Earnhardt’s death.

The area of contention is Earnhardt’s physical exam, or lack thereof. Scott Dodd, of the Charlotte Observer, reports that Earnhardt did not take the physical needed for the policy to take effect. He explained that Childress Racing says in its suit that the insurance company’s doctors called to schedule the physical in early February, but Earnhardt was already in Florida preparing for the NASCAR season-opening events. Earnhardt’s assistant was told the physical could wait until after the Daytona 500, Childress’ suit states.

Childress says that within 24 hours of Earnhardt’s death, United of Omaha declined payment on the $3.7 million policy and stated it had closed the file on the case. Shortly after that, National Life of Vermont sent a check for $3.5 million to Richard Childress Racing, which was delivered to Teresa Earnhardt.

The lawsuit against United of Omaha is for violation of North Carolina laws dealing with bad faith and unfair and deceptive trade practices by insurance companies. Under these laws, insurance companies must conduct a reasonable investigation of all claims based upon all available information. Richard Childress Racing contends that United of Omaha did not conduct such an investigation and illegally refused to pay under the policy.

As for the ESPN litigation, Childress owns the rights to the stylized No. 3 used by Dale Earnhardt. RCR filed a federal lawsuit against ESPN Inc., the cable sports network behind the movie "3," charging that ESPN is violating its trademark, competing unfairly under federal law and diluting the symbol used by Earnhardt when he was driving for RCR for 20 years. An ESPN representative said its use of the No. 3 was entirely legal.

In closing, Childress has the reputation of an honest businessman in racing circles, so if he and his group feel these litigations are necessary, I’d have to rule in his favor. Of course, I’m not a judge, I’m a writer.