School Design May Affect a Child's Grades

By Ian Steadman, Wired UK

A study of school design has discovered that school layouts can influence a child’s development by as much as 25 percent — positively or negatively — over the course of an academic year.

The 751 pupils using 34 classrooms across seven primary schools in Blackpool were studied over the 2011-12 academic year by the University of Salford’s School of the Built Environment and architecture firm Nightingale Associates. Standardised data — such as age, gender and academic performance — were collected on each child at the start and end of the year, while each classroom was rated for quality on ten different environmental factors, such as orientation for natural light, shape, colour, temperature and acoustics.

The results, published in Building and the Environment, revealed that the architecture and design of classrooms has a significant role to play in influencing academic performance. Six of the environmental factors — colour, choice, connection, complexity, flexibility and light — were clearly correlated with grade scores.

Architect Peter Barrett, the study’s lead author, said: “This is the first time a holistic assessment has been made that successfully links the overall impact directly to learning rates in schools. The impact identified is in fact greater than we imagined.” According to the results, once the differences between the “worst” and “best” designed classrooms looked at in the study were taken into account, it was found the be the equivalent to the progress a typical pupil would be expected to make over a year.

The results are particularly interesting as the coaltion U.K. government has introduced a controversial range of standardised templates for new school buildings, with the expressed purpose of reducing the costs of hiring architects. An insistence on a range of strictly-defined design features — including a ban on curved walls and certain kinds of insulated wall and ETFE roofs, sticking to one size for windows and doors, encouraging stacking of blocks on top of each other, and an emphasis on “basic” finishes to interior decorations like balustrades — replaces the previous Labour government’s more architecturally extravagant Building Schools for the Future programme, which was cancelled by education secretary Michael Gove.

He has claimed that his department’s new Priority School Building Programme, and its basic plans, will put an end to a situation which he believes existed only to “make architects richer”.

Unsurprisingly, the design proposals have been met with disapproval from architects. The Royal Institute of British Architects issued a statement criticising the templates for introducing a “one size fits all” format that ignored the needs for flexibility in modern teaching environments. It also worried that the standard corridors would be too small for large numbers of students, the environmental impact of the buildings would be higher than expected, and that the templates ignored the statutory requirement to be accessible for students and teachers with disabilities.

Source: Wired.co.uk

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Putin gives tax exile Depardieu Russian citizenship

MOSCOW (Reuters) – Russian President Vladimir Putin has granted citizenship to Gerard Depardieu, the French movie star who is quitting his homeland to avoid a tax hike on the rich, the Kremlin said on Thursday.

The “Cyrano de Bergerac” actor bought a house across the border in Belgium last year to avoid a new tax rate for millionaires in France planned by Socialist President Francois Hollande but said he could also seek tax exile elsewhere.

Kremlin spokesman Dmitry Peskov said Depardieu had applied for citizenship after Putin told reporters last month the actor would be welcome in Russia. “The citizenship could not have been granted to him without (such an) appeal,” Peskov added.

Russia has a flat income tax rate of 13 percent, compared to the 75 percent on income over 1 million euros ($ 1.32 million) that Hollande wants to impose in France.

Asked, whether Depardieu had plans to move to Russia, Peskov said it was up to him and was “absolutely not mandatory”. Putin did not speak to Depardieu before taking the decision, he added.

Depardieu’s publicist Francois Hassan Guerrar told Reuters he did not want to comment on the Russian announcement.

Depardieu, 63, had told friends he was considering three options to escape France’s new tax regime: settling in Belgium, relocating to Montenegro, where he has a business, or moving to Russia, French daily Le Monde reported in December.

Depardieu has also said he plans to hand in his French passport and social security card.

“Putin has already sent me a passport,” Le Monde quoted the actor as jokingly saying in December.

WELCOME IN RUSSIA

Depardieu is well-known in Russia where he has appeared in many advertising campaigns. He worked in the country in 2011 on a film about the eccentric Russian monk Grigory Rasputin.

In 2012 he was one of several Western celebrities invited to celebrate the birthday of Ramzan Kadyrov, Chechnya’s Kremlin-backed leader.

Muscovites said they would welcome Depardieu. “He is a normal guy, he is fond of drinking too, I suppose, the Russian way, so let him come here,” said resident Lev Nikolaevich.

Putin has in the past touted good relations with France, which he visited in the summer, but the two nations have disagreed sharply on Syria and Putin is a frequent critic of the West. He had a tense summit with the EU last month and wants the bloc to move faster toward visa-free travel.

Russia does not require people to hand in their foreign passports once they acquire a Russian one. Many Russians have citizenship of other countries and travel without problems.

Depardieu could also request Belgian nationality but has not yet made such a request, said Georges Dallemagne, head of Belgium’s parliamentary committee that oversees naturalizations.

“As a Russian he could certainly remain in Belgium, he would possibly need the necessary visas but for a short period he could stay here,” said Dallemagne.

“He would need to request a residency permit for longer stays but as a Russian he should be able to get that. It depends on certain factors,” Dallemagne added.

France’s Constitutional Council last month blocked the planned 75 percent tax rate due to the way it would be applied – but Hollande plans to propose redrafted legislation which will “still ask more of those who have the most”.

(Writing by Megan Davies; Additional reporting by Steve Gutterman, Nikolai Isayev and Alexander Fedorov in Moscow, Catherine Bremer in Paris and Robert-Jan Bartunek in Belgium; Editing by Andrew Heavens)

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The Long Life of the ‘Perfect’ Woman

What did happen to Elsie Scheel, the “perfect” woman mentioned in an article in Wednesday’s New York Times that described how people considered overweight had a slightly lower risk of dying than those of normal weight?

A century ago, at age 24, Miss Scheel was the subject of a spate of news media coverage after the “medical examiner of the 400 ‘co-eds’ ” at her college, Cornell University, described her as the epitome of “perfect health,” according to a 1912 New York Times article. That article and others also gave her dimensions: 5-foot-7 and 171 pounds, which would have corresponded to a body mass index of 27, putting Miss Scheel in the overweight category. Miss Scheel, it turns out, lived a long life, dying in 1979 in St. Cloud, Fla., three days shy of her 91st birthday.

But though it may be tempting to conclude that Miss Scheel’s longevity exemplifies the benefits of a not-too-low B.M.I, her case is only one anecdote, of course. And, according to family members and to hints provided in early articles, she was a person who valued being active and athletic, had a strong and confident attitude, and, as a daughter of a doctor and a mother of a doctor, may have been steeped in healthy habits that were much more relevant to her survival than her weight.

“She never took an aspirin or a Tylenol,” a granddaughter, Karen Hirsh Meredith, of Broken Arrow, Okla., said in an interview Wednesday. She kept up hobbies like stamp collecting and wrote pieces for the St. Cloud newspaper. And, Ms. Meredith said, “she was still driving late in life.”

Ms. Meredith said she did not recall her grandmother having any illnesses or being hospitalized except for shortly before she died, when she went into the hospital with stomach pain. She ended up having surgery for a perforated bowel and died the next day, Ms. Meredith said.

A death notice said Miss Scheel, who was Mrs. Hirsh when she died, had been a “practical nurse,” although Ms. Meredith said the family believed she did not work after she had children. In 1918 she married Frederick Rudolph Hirsh, an architect who supervised the building of the New York Public Library and who was a widower with two children, Frederick Jr. and Mary. He died in 1933 at 68, leaving his wife to raise a son, John, and a daughter, Elise. She moved to Florida from Mount Vernon, N.Y., in the 1940s and never remarried.

Miss Scheel’s mother, Sophie Bade Scheel, a physician educated at New York Medical College, maintained an active medical practice at a time when relatively few women did. And Miss Scheel may have benefited from good genes: her three siblings were 79, 88 and 93 when they died.

Published reports from 1912 and 1913 provide glimpses of the type of person Miss Scheel was and of her immediate-post-"perfect” experience.

She participated in many sports, playing basketball at Cornell. “I play a guard, where my weight helps,” she told a newspaper. She was a suffragette and, the Times article said, “doesn’t know what fear is.”

She ate only three meals every two days, loved beefsteak and shunned candy and caffeine. An article in The Oregonian asked her about her advice for healthy living, reporting that “Miss Scheel feels that the average girl does too much of the wrong sort of thing — too many dances and not enough good bracing tramps. I just got back from a 25-mile tramp to Enfield Falls.”

Some of the news media coverage was catty, even brutal. And it was extremely detailed. Her particulars — the size of her chest, waist and hips — were compared to the Venus de Milo.

A day after the Times article, The New York Herald ran a story about Miss Scheel above the fold on its front page: “Brooklyn Venus Much Too Large is Verdict of Physical Culturists.” These “physical culturists” claimed that Miss Scheel’s weight and height “cannot be reconciled with the accepted ideal of female beauty.”

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Car Sales End Strong Year on Modest Note

DETROIT – Automakers ended 2012 with modest sales results in the United States, capping a strong year and promising more growth in 2013.

Based on early reports Thursday, analysts predicted a 10 percent increase overall for the industry for December, a gain that would put the year’s sales at about 14.5 million – the best performance since 2007.

The three Detroit car companies all posted sales gains in December, solidifying improvements made throughout year because of consumers replacing their aging cars and trucks.

General Motors, the largest American automaker, said its December sales increased 4.9 percent, primarily because of new products such as the Cadillac ATS sedan and higher incentives on its Chevrolet Silverado and GMC Sierra pickups.

The company had been losing ground in the high-profit pickup truck segment until it added discounts to the Silverado, which posted a 6.1 percent sales increase in December, and the Sierra, which was up 13.4 percent.

For the year, G.M. sold 2.59 million vehicles, an increase of 3.7 percent from 2011. That lagged the overall gains in the market, which were about 14 percent industrywide for the year.

G.M.'s head of United States sales, Kurt McNeil, said the company expects significant growth in 2013, with industry sales as high as 15.5 million. He noted that the resolution of fiscal negotiations in Washington removed some potential concerns for consumers shopping for new vehicles.

“We are especially pleased that the politicians on both sides of the aisle in Washington were able to compromise,” Mr. McNeil said in a conference call with analysts and media Thursday. “The short-term crisis has passed.”

Ford Motor Company reported a slight sales increase of 1.9 percent in December as safety recalls for its new Escape SUV and Fusion sedan depressed results.

Ford said that sales of the Fusion dropped 10.8 percent during the month and Escape sales slid 21.3 percent. The company has been plagued with multiple recalls on engines and other parts on the vehicles, which are usually among its strongest sellers.

The drop was mitigated by strong results for Ford’s two smallest cars, the Focus, which increased in sales by 58.3 percent, and the Fiesta, which was up by 52.8 percent.

For all of 2012, Ford’s United States sales increased 4.7 percent to 2.25 million vehicles. Ken Czubay, head of Ford’s domestic sales and marketing, said the company’s small-car sales were its best in more than a decade.

Ford predicted that industry sales in 2013 could reach 16 million vehicles, as more Americans replace older models with new, more fuel-efficient ones.

Chrysler, the smallest of the Detroit companies, was again the star performer in December, with a 10 percent increase.

The company’s new compact car, the Dodge Dart, showed improvement with a 36 percent gain from the prior month. In fact, much of Chrysler’s lineup – ranging from Jeep SUVs to the tiny Fiat 500 micro-car – posted sales records for the month of December.

For the year, Chrysler sold 1.65 million vehicles, a 21 percent increase from 2011.

The major foreign automakers were expected to report results later in day. In a partial report, Toyota, the biggest of the Japanese manufacturers, said that it sold 2 million vehicles in the United States during 2012, a 26.6 percent increase from the year before.

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Dow rallies more than 200 points after passage of 'fiscal cliff' plan

Traders wear 2013 New Year's party glasses while they work on the floor of the New York Stock Exchange. (Allison Joyce / Getty Images / December 31, 2012)

By Andrew Tangel

January 2, 2013, 7:00 a.m.

Stocks soared 2% Tuesday in the first trading of 2013, after Congress' last-minute passage of a plan to avert the brunt of the so-called fiscal cliff.

The Dow Jones industrial average was up 234 points, or 1.8%, to 13,338 shortly after the opening bell on Wall Street.

Wednesday morning's rally follows the Dow's 1.3% jump late in trading on New Year's Eve on signs of an emerging deal between President Obama and congressional leaders.

The broader Standard & Poor's 500 index jumped 29 points, or 2%, to 1,455 in early trading Wednesday.

The technology-heavy Nasdaq rose 79 points, or 2.6%, to 3,099.

Wall Street's rally followed similar surges in major stock markets in Asia and Europe on Wednesday.

However, Washington's New Year's Day deal likely won't mean the end of volatility in equities markets in coming weeks.

Obama and Congress put off some of the most contentious issues surrounding the fiscal cliff debate, including broad spending cuts to defense and government social programs. The debate over the "debt ceiling" borrowing limit could also rattle markets.

ALSO:

A big year for modernist home listings

Fewer banks are failing as industry strengthens

California regulators seek to police out-of-state pharmacies

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Architecture Pirates May Finish Copycat Building Before Original

A Beijing building project by London-based architect Zaha Hadid is proving so popular that the structure is being pirated elsewhere in the country.

Hadid’s Wangjing Soho is an office and retail complex which uses three curved towers to echo the intricate movements of Chinese fans. But, according to Der Spiegel, the architect’s firm is being forced to compete with pirates to get the original structure finished before the copy.

“Even as we build one of Zaha’s projects, it is being replicated in Chongqing,” said Zhang Xin, the property developer who commissioned the structure. “Everyone says that China is a great copycat country, and that it can copy anything.”

Hadid herself seems a little more relaxed about the use of her work, provided the results contain a certain amount of innovation, saying “that could be quite exciting.”

The project director for the Wangjing Soho, Satoshi Ohashi, added that without the detailed architectural plans the building could only ever be an approximation of the original.

“It is possible that the Chongqing pirates got hold of some digital files or renderings of the project,” said Ohashi. “[From these] you could work out a similar building if you are technically very capable, but this would only be a rough simulation of the architecture.”

Hadid’s Wangjing Soho is scheduled for completion in 2014.

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Paparazzo killed on freeway after photographing Justin Bieber’s car

(Reuters) – A celebrity photographer was struck and killed by a car on a Los Angeles highway on Tuesday after snapping photographs of a Ferrari registered to pop star Justin Bieber, police said.

Bieber wasn’t in his car, which had been pulled over by California Highway Patrol officers on Interstate 405 for suspected speeding, Los Angeles Police Department Officer Cleon Joseph said on Wednesday.

Highway patrol officers saw the 29-year-old paparazzo taking photographs of the scene on Tuesday evening and ordered him to return to his car for safety reasons, Joseph said.

The photographer, whose name was not released, refused to leave. After officers repeated their order, he was struck while trying to cross four lanes of traffic, Joseph said.

Charges were unlikely to be filed against the driver who struck the photographer, the officer said.

Bieber was stopped by police for speeding on a Los Angeles freeway last July. He told officers he was being hounded by paparazzi at the time.

Prosecutors charged a celebrity photographer under a California law that criminalizes dangerous driving when taking photos commercially, but a judge later dismissed those counts.

(Reporting by Colleen Jenkins; Editing by Jeffrey Benkoe)

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Employers Must Offer Family Health Care, Affordable or Not, Administration Says

WASHINGTON — In a long-awaited interpretation of the new health care law, the Obama administration said Monday that employers must offer health insurance to employees and their children, but will not be subject to any penalties if family coverage is unaffordable to workers.

The requirement for employers to provide health benefits to employees is a cornerstone of the new law, but the new rules proposed by the Internal Revenue Service said that employers’ obligation was to provide affordable insurance to cover their full-time employees. The rules offer no guarantee of affordable insurance for a worker’s children or spouse. To avoid a possible tax penalty, the government said, employers with 50 or more full-time employees must offer affordable coverage to those employees. But, it said, the meaning of “affordable” depends entirely on the cost of individual coverage for the employee, what the worker would pay for “self-only coverage.”

The new rules, to be published in the Federal Register, create a strong incentive for employers to put money into insurance for their employees rather than dependents. It is unclear whether the spouse and children of an employee will be able to obtain federal subsidies to help them buy coverage — separate from the employee — through insurance exchanges being established in every state. The administration explicitly reserved judgment on that question, which could affect millions of people in families with low and moderate incomes.

Many employers provide family coverage to full-time employees, but many do not. Family coverage is much more expensive, and the employee’s share of the premium is typically much larger.

In 2012, according to an annual survey by the Kaiser Family Foundation, premiums for employer-sponsored health insurance averaged $5,615 a year for single coverage and $15,745 for family coverage. The employee’s share of the premium averaged $951 for individual coverage and more than four times as much, $4,316, for family coverage.

Starting in 2014, most Americans will be required to have health insurance. Low- and middle-income people can get tax credits to help pay their premiums, unless they have access to affordable coverage from an employer.

In its proposal, the Internal Revenue Service said, “Coverage for an employee under an employer-sponsored plan is affordable if the employee’s required contribution for self-only coverage does not exceed 9.5 percent of the employee’s household income.”

The rules, though labeled a proposal, are more significant than most proposed regulations. The Internal Revenue Service said employers could rely on them in making plans for 2014.

In writing the law, members of Congress often conjured up a picture of employees working year-round at full-time jobs. But in drafting the rules, the I.R.S. wrestled with the complex reality of part-time, seasonal and temporary workers.

In addition, the administration expressed concern that some employers might try to evade the new requirements by firing and rehiring employees, manipulating their work hours or using temporary staffing agencies. The rules include several provisions to prevent such abuse.

The law says an employer with 50 or more full-time employees may be subject to a tax penalty if it fails to offer coverage to “its full-time employees (and their dependents).”

Employers asked for guidance, and the Obama administration provided it, saying that a dependent is an employee’s child under the age of 26.

“Dependent does not include the spouse of an employee,” the proposed rules say.

Thus, employers must offer coverage to children of an employee, but do not have to make it affordable. And they do not have to offer coverage at all to the spouse of an employee.

The administration said that the rules — which apply to private businesses, nonprofit organizations and state and local government agencies — would require changes at many work sites.

“A number of employers currently offer coverage only to their employees, and not to dependents,” the I.R.S. said. “For these employers, expanding their health plans to add dependent coverage will require substantial revisions to their plans.”

In view of this challenge, the agency said it would grant a one-time reprieve to employers who fail to offer coverage to dependents of full-time employees, provided they take steps in 2014 to come into compliance. Under the rules, employers must offer coverage to employees in 2014 and must offer coverage to dependents as well, starting in 2015.

The new rules apply to employers that have at least 50 full-time employees or an equivalent combination of full-time and part-time employees. A full-time employee is a person employed on average at least 30 hours a week. And 100 half-time employees are considered equivalent to 50 full-time employees.

Thus, the government said, an employer will be subject to the new requirement if it has 40 full-time employees working 30 hours a week and 20 half-time employees working 15 hours a week.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Ruling over bumper-car injury supports amusement park

SAN FRANCISCO — The California Supreme Court, protecting providers of risky recreational activities from lawsuits, decided Monday that bumper car riders may not sue amusement parks over injuries stemming from the inherent nature of the attraction.

The 6-1 decision may be cited to curb liability for a wide variety of activities — such as jet skiing, ice skating and even participating in a fitness class, lawyers in the case said.

"This is a victory for anyone who likes fun and risk activities," said Jeffrey M. Lenkov, an attorney for Great America, which won the case.

But Mark D. Rosenberg, who represented a woman injured in a bumper car at the Bay Area amusement park, said the decision was bad for consumers.

"Patrons are less safe today than they were yesterday," Rosenberg said.

The ruling came in a lawsuit by Smriti Nalwa, who fractured her wrist in 2005 while riding in a bumper car with her 9-year-old son and being involved in a head-on collision. Rosenberg said Great America had told ride operators not to allow head-on collisions, but failed to ask patrons to avoid them.

The court said Nalwa's injury was caused by a collision with another bumper car, a normal part of the ride. To reduce all risk of injury, the ride would have to be scrapped or completely reconfigured, the court said.

"A small degree of risk inevitably accompanies the thrill of speeding through curves and loops, defying gravity or, in bumper cars, engaging in the mock violence of low-speed collisions," Justice Kathryn Mickle Werdegar wrote for the majority. "Those who voluntarily join in these activities also voluntarily take on their minor inherent risks."

Monday's decision extended a legal doctrine that has limited liability for risky sports, such as football, to now include recreational activities.

"Where the doctrine applies to a recreational activity," Werdegar wrote, "operators, instructors and participants …owe other participants only the duty not to act so as to increase the risk of injury over that inherent in the activity."

Amusement parks will continue to be required to use the utmost care on thrill rides such as roller coasters, where riders surrender control to the operator. But on attractions where riders have some control, the parks can be held liable only if their conduct unreasonably raised the dangers.

"Low-speed collisions between the padded, independently operated cars are inherent in — are the whole point of — a bumper car ride," Werdegar wrote.

Parks that fail to provide routine safety measures such as seat belts, adequate bumpers and speed controls might be held liable for an injury, but operators should not be expected to restrict where a bumper car is bumped, the court said.

The justices noted that the state inspected the Great America rides annually, and the maintenance and safety staff checked on the bumper cars the day Nalwa broke her wrist. The ride was functioning normally.

Reports showed that bumper car riders at the park suffered 55 injuries — including bruises, cuts, scrapes and strains — in 2004 and 2005, but Nalwa's injury was the only fracture. Nalwa said her wrist snapped when she tried to brace herself by putting her hand on the dashboard.

Rosenberg said the injury stemmed from the head-on collision. He said the company had configured bumper rides in other parks to avoid such collisions and made the Santa Clara ride uni-directional after the lawsuit was filed.

Justice Joyce L. Kennard dissented, complaining that the decision would saddle trial judges "with the unenviable task of determining the risks of harm that are inherent in a particular recreational activity."

"Whether the plaintiff knowingly assumed the risk of injury no longer matters," Kennard said.

maura.dolan@latimes.com

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