OCR Text |
Show THE SALT LAKE TIMES FRIDAY, AUGUST 27, 1976 . , salts. This false sense of weight reduction can lead to rapid regaining of weight when the fasting stops, as well as fatigue and metabolic stresses," he said. It still does nothing to retain the subject in proper eating habits." Rapid weight loss and the inevitable regain is known as the " can also syndrome. Fasting produce uric add buildup, and this can cause kidney stones. Dr. Tyler also pointed out the pros and cons about drug usage for combating obesity. Amphetamines, or speed," do inhibit appetite, but can badly affect the heart, arteries and central nervous system. They also quickly lose their effectiveness as appetite suppressants, as the body builds a tolerance to them. Other drugs, such as pharmaceutical thyroid and digitalis, increase metabolic and heart rates, but can become toxic. When drugs start to lose their effectiveness, the patient thinks its best to increase the dosage, and the toxidty becomes more acute," he said. In addition, fad diets can be effective, but do not modify habitual caloric intake. They can also be expensive. High protein diets can defeat their objectives because meat, cheese, eggs and other high protein foods also have equally high fat and cholesterol concentrations. Also a controversial surgical technique is being used by some doctors to control obesity. Dr. Tyler said. Called an intestinal bypass, a segment of the small intestine is bypassed to reduce capacity for absorption. Dr. Tylor said it may be appropriate in certain patients, but views the method as "cosmetic," or little more than a common beauty aid. OoOlMI- Lois Crowder, I'laintiff and Respondent, will result in rapid weight loss, but initially the loss will be mainly in body water and sodium that-decreas- Page Three Tha section ef the statute here under consideration has been before this court on several other occasions, but tha conatilutioait challenge hare presented requires our consideration for the first time. While no prsciee formula has been enunciated, it is generally held that the legislature baa a wide discretion in enacting laws which affect one group of citisena differently than other groups. Tha constitutional aafeguard of equal protection is offended only if tha1 classification rests Tha legislature upon a ground not relative to the State's objective. is presumed to have acted within their constitutional authority even though inequality results. In the particular statute before iia, while we think it may ha vs been preferabla for the legislature to have s pacified a uniform period for all divisions and aubdiviaiona of state government, nevertheless we are of tha opinion that the atatuta should not be stricken down merely because the legislature adopted three periods The trial court in its during which notices of claims must be filed. memorandum decision observed that an anomalous situation would be created if one bridge abutment ba in tha county and the other abutment in tha city or under state Jurisdiction. While the court's observation is apt, it is not necessarily controlling, and it should ha noted that tha notice statute docs not require a waiting period, and an injured person could, if he ao desired, have filed his notice of claim on the day following the injury. COURT OF THE STATE OF UTAH -- It condition metabolic activities resulting from deficient functioning, is a common excuse for weight gain. Actually, people with hypothyroidism usually adjust their appetites to their decreased metabolic need, said Dr. Tyler. In fact, very few obese people suffer from any endocrine or metabolic disorder, although some of these diseases stimulate appetite, usually because of a hormone or chemical imbalance. To illustrate, Cushing's Syndrome is an endocrine disorder that upsets the adrenal function. Initial excessive caloric intake may result in moderate obesity or even a 40- - to weight gain. An overproduction of cortisol stimulates higher energy output, and this signals a need for even more calories. Most affected people, however, cannot effectively maintain a sufficient diet balance and weight loss occurs late in the untreted disease. Another endocrine problem, which is rare, is insulinoma, Dr. Tyler said. This is caused by a glandlike tumor, usually benign, of the pancreas that secretes abnormal amounts of insulin. The high insulin concentration results in a condition called hypoglycemia, or low blood sugar leveL Apppetite is then stimulated to combat the hypoglycemia, and obesity can result. However, Dr. Tyler pointed out that the culprit in most obesity cases is poor eating habits. And oesity itself may be the cause of several endocrine and metabolic changes rather than the effect. Fat people are found to be more resistant to the effects of insulin, which can lead to diabetes. Also, severe obesity can compromise the mechanical function of the chest wall and respiratory system. Excessive weight will decrease the a respiratory center's sensitivity Pickwickian condition known as the Syndrome. This syndrome causes somnolence, or unnatural sleepiness; hypoventilation, or reduced air intake into the lungs that elevates carbon dioxide concentrat-tio- n and erythrocytosis, or high red blood cell production. Heart stress from excessive blood flow among fat people is also possible, but actual heart failure is usually coupled with some cardiac disease, Dr. Tyler pointed out. "If you take an overweight person who hasn't exercised regularly and job him three miles, you might .very well kill him. But there is no reason to think that supervised, appropriate exercise will do any harm. Obesity can easily root during childhood, according to Dr. Tyler. Fat cells multiply before adoles-cens- e by a rate proportional to caloric intake. During adulthood, obese people must reduce the size of these cells by restricting intake in order to lose weight. This is often more difficult for those who were fat children, because of a higher number of fat cells. To control this delemma, Dr, Tyler stressed the need to depend on lipid (fat) storage for energy. These lipids are broken down into substances that are converted to energy acids for muscle consumption. Fasting has commonly been another tool for losing weight, the U scientist said. Total caloric restriction will eliminate appetite chemically after two or three days, although fasting does have many 50-pou- nd IN THU SUPREME setbacks. Department of Internal Medicine. For example, hypothyriodism, the , Utah Supreme Court Opinions Obesity is Widely Misunderstood, Says Medical Center Researcher What underlying difficulties can cause someone to become 30 pounds overweight? or metabolically Chemically speaking, obesity is widely misunderstood, according to Dr. Frank H. Tyler, chief of metabolism in the University of Utah Medical. Center , --- No 14405 FILED July a body politic, and John Doca through X, Dalandanta and Appellant SaULJCountj, it, I97h 1 TUCKETT. Allan E. Machatn, Clark Juancr In thaaa proceeding the plaint ill aeeka to recover againat Salt Lake County for injuriea ahr aullered in an automobile accident on . Salt Lake County filed a motion to diamiaa the October 21, complaint on the ground that the plainliif had failed to file a notice of her claim within 90 daya a required by the Utah Governmental Immunity Act The aection ot that act which i involved here ia U.C.A. 1953, which provide a follow. 197-1- yo-yo- Wo are of the opinion that tha statute above referred to is not subject to tha constitutional challenge, that it denies the plaintiff equal protection of the laws. The decision of the court below iW reversed. No coals awarded. claim aga:nat a political aubdiviaion ehall be forever barred tinleaa notice thereof i filed within ninety day alter the cauae of action ariaea, provided, however, that any claim filrd againat a city or incorporated town under ahall be governed by the provieion of aection Utah Code Annotated 1953. aection A WE CONCUR: -1 7, . Apache to Add Third Urethane Plant The court denied the defendant' motion, and the caac here on appeal. i The plaintiff a injured when the automobile ahe waa operating collided with a bridge abutment which waa owned by Salt Lake County. Tha plaintiff claima that the County waa negligent in deaignmg the bridge ao that it created an unreaeonabla hazard for motoriata using F. Henri Henriod, Chief Justice A. Prior to 1965. actions for neghgenca could not have been maintained against the State or ita political aubdiviaiona ior an injury caused by a defective, unsafe or dangerous condition of any road pr bridge except municipalities. In 1965, tha state legislature adopted the Governmental Immunity Act. which waives sovereign immunity, and adopted conditions under which suits againat public bodies could be maintained. For tha type of injury here involved three different periods of time wera fixed during which notices of claima must be filed against different branch of government. The statute provided that notice of claima againat tha State must be filed within one year after the cause of action arose and as provided in the statute above set forth notice of claima againat the county must be filed within 90 daya, and claima againat a U.C.A. municipality ware governed by the provisions of Section 1953. Tha period pertaining to municipalities waa before this court in the case of Gallegos v. Midvale City, and after that decision waa handed down by thia court, the legislature amended Section to extend the period for filing a claim to six months. As the law now stands tha period during which notice must be given is on year for the state, 90 days for a county, and six montha for a city or town. The trial court waa of the opinion that the differences between state, counties and citiaa are not such as to require different time periods for filing notices of claims, and that there was no reasonable basis for such classification and this had the effect of denying to the plaintiff equal protection of the laws and was therefor unconstitutional 84054. Apache Foam Products Co., is a member of the Millmaster Onyx Group, part of Kewanne Industries, J. Allan Crockett, Justice Elicit, Justice MAUGHAN. Justice: (Dissenting! trial court, in my view correctly analysed this matter. Ita order should ia upheld, as modified herein. Tha The statutory classification is without any reaao nubia basis and is therefore purely arbitrary. Plaintiff alleged aha sustained her Injuries when she collided with a bridge, which allegedly waa in a defective, unsafe, or dangerous condition. Section U.C.A. 1953, aa enacted I96S, provides: -t, 30-d- ay 27 Utah 2d 27, 49 2 I. K2d 1335. Immunity from suit of all tovernmenial entities is waived for any injury caused by a defective, unsafe, or daogeroua condition of any . . . .bridge Emphasis added. .... 2. Baugh v. Logan City, 27 Utah 2d 291, 495 P. 2d SI4; Roossndaal Construction h Mining Corp. v. Holman, 21 Utah 2d 396; 503 P. 2d 446; Varoa v. Sevey, 29 Utah 2d 1SS, 506 P. 2d 435; Gallegos v. Midvale City, 27 Utah 2d 27, 492 P.2d 1335. 3. McGowan v. Maryland, 366 ILS. 420, g S.Ct. 1101, 6 L. Ed. 2d 393. 4. For a contrary view, sea Turner v. Staggs, (Nev. ) 510 3. 2d 179. - No. 14405 Section Section 1N THE 2- SUPREME COURT OF THE STATE OF UTAH Tata's, Inc. , Plaintiff and Appellant, provides The words 'jxilitical subdivision" shall mean any county, city, town, school district, special improvement or taxing district, or any other political sub- -. division or public corporation; No. 14415 FILED v. Thus, the legislature in its enactment of Section enacted a general law waiving immunity from suit of all sovernmcntal entities for any injuries caused by a defective, unsafe, or dangerous condition of the specified structures. 1, Under the notice provisions of Title 63, Chapter 30, the general law will not have uniform operation, vis. , the law will operate differently, for the same class of persons, auataining the same injuries, caused by the same conditions, of the same structures, depending on whether a county, city, or the stale is responsible. A legislative classification is never arbitrary or unreaaonable so long as the basis for differentiation bears a reasonable relation to the purposes or objectives to be accomplished by the act. If aome persona or transactions, excluded from the operation of law, were as to the subject matter of the law in no differentiable claaa from those included within its operation, the law is discriminatory in the sense of being arbitrary and unconstitutional . . - -- providi-- The words "governmental entity" ahall mean and include the state and ila political aubdiviaiona as defined herein. Article 1, Section 24, Constitution of Utah, commands: "All laws of a general nature ahall have uniform operation." Apache Foam Products Co., of Linden, N.J., is installing its third rigid urethane foam production plant in North Salt Lake, Utah. Scheduled to go on stream in January 1977, the new facility will increase Apaches output by 35 percent. The new plant will serve the construction industry in the Pacific Northwest, California and the entire Rocky Mountain area. Apache is the only manufacturer operating more than one plant for the production of rigid urethane roof insulation; other installations are located in Belvidere, 111., and Linden, N.J. The 42,000 sq. ft. plant will house special production machinery valued in excess of $1 million, and will produce rigid urethane roof insulation and combination board for industrial and commercial buildings. The new plant is at 20 East Union Ave., North Salt Lake, Utah H. the street. July 13, Little America Refining Co. , a corporation. Defendant and Respondent.- 1976 Allan E. Mecham, Clerk PER CURIAM: Thia case was her before (535 P. 2d 220). We reversed the judgment of the trial court which waa based on an accord and aalisfaction theory. 1 The court, on review, in accounting for any claims for damage or breach of contract came up with another judgment, that is now being attacked on appeal on the basis of insufficiency of the evidence. The evidence was somewhat controversial, but there appears to be sufficient competent, admissible evidence to support the second judgment of the trial court, and under familiar rules of review we are conetrainrd to and do affirm the judgment in this csss, the parties, by stipulation, having invited the trial court and us to conclude thia case on such stipulated basis. In Gallegos v Midvale Cily this court suggested possible purposes of the notice requirements oi the Governmental Immunity Act. The. governmental entity should have an opportunity to make a prompt investigation, and remedy any defect found to exist Conceding the various notice provisions have such a purpose; does the legislative classification bear reasonable relationship to this purpose? Is there a rational basis to distinguish an individual sustaining injuries, for which the legislature has waived governmental immunity, from others similarly situated; solely on the ground the governmental entity was a city with notice requirement, a a ix mo nth notice requirement, a county with a ninety-daThe effect of these differing' or the state with the requirement notice requirement is to nullity the uniform operation of a general law. The people excluded by the shorter notice period are not within a differentiable class from those who are granted a longer notice period; therefore, the classification must be deemed arbitrary. unreasonable, and unconstitutional. r y -- one-ye- Assuming the notice provisions fulfill a legitimate governmental interest, ia no reasonable basis to hold the interest of the county may only be limitation; while the interests of the cities, protected by imposing a ninety-da- y or the state, may only be protected with periods of six months or one year, If the tenuous purpose of the notice requirement be accepted, respectively then plaintiff it entitled to the benefit of the period. A reviewing court may correct a discriminatory classification by extending statutory benefits to those whom the legislature has improperly excluded. there one-ye- ar te 1. 2. 3. Kid 524 323. J25 (Utah 1974) 27 Utah 2d 27. 492 3 2d 1135 (I9?2) . 14 Cal Hptr 47, 522 3 2d 657 (1974) In Re Kappi-rma- Lratham v. McGinn. .). No. 14405 In ARMY COMBAT ARMS The U.S. Army has immediate openings for men to fill in the Combat positions Arms. Learn Infantryman, Armor Crewman or Field Artillery Crewman skills and answer the personal challenge of the Combat Arms. For information on qualifications call your local Army Call Representative. Out of town, call 524-402- collect. 6. Utah Should Decide Its Own Destiny Loren D. Martin, Republican candidate for Attorney General, speaking at a luncheon held at the Provo Elks Club, said that federal regulatory agencies such as The Occupational Safety and Health Administration (OSHA) combine the three basic functions of government (Legislative, Executive, and Judicial) under one authority. Also, that federal claim , of control and ownership of vast land areas in - Utah restricts State initiative and removes decision making to people who have never lived here. Martin said that as Attorney General he would defend the right of Utah to decide its own destiny and take action to challenge regulatory agencies such as OSHA which appear to be in violation of fundamental law - The Constitution. Martin said that he was pleased to announce that he is. in contact with a law firm in Atlanta which has recently received certification to the U.S. Supreme Court on the issue of whether OSHA can deprive a person of property without a right to a jury. Martin said tht he knows that something can be done with strong united effort but that apparently current politicans do not recognize the seriousness of the issue or dont think that anything can be done. . |