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#earlier this year there was an incident in which i was so deathly afraid of losing one of my online friends
stellamancer · 10 months
Note
niku!!! i come here with a jar of honey 🍯 for no reason other than i find the emoji so cute 🥺 but i also have a little note for you!!! 💌
i alr sent in a long mushy message during ur bday so i will keep this brief!! 🥹 but am so thankful for our friendship niku!! truly really 🥺 talking to you feels like going to back to my homebase or smth! you’re one of my first friends on here and am so glad that whatever brought us together, brought us together 🥹 i love exchanging ideas w u and also just being unfiltered sel w u 🥹 how we talk abt other random things too 🥺 ily 🥹
since this is gratitude themed, i also want to ask you!! what’s something you’re thankful for right now? 🥹 i hope this weekend is wonderful to you!! 🫶🏻
ooo i love honey!!
aw sel... i'm gonna cry all over again!! random things like... gojo's dick size LMAOOOOOO.
mmm. i feel like this is really a cop out answer, but i'm thankful for all of my little portable online friends.
i'm going to be rather real here and say that irl i'm a rather solitary person. i grew up as an only child in a single parent household and between working and... well, the other things she was doing, a lot of the time i was at home by myself as a child. adding to that, we moved around a lot so it wasn't really easy to make and keep friends. so when i was younger i usually spent my days cooped up inside playing games, watching cartoons, or daydreaming.
i've mentioned previously to you and have inferred as such on here that i feel kind of unapproachable and at the same time, i find it really hard to approach others. i'm not really a social butterfly and while i've come to accept that, it doesn't change the fact that it can be really lonely.
it really always brings me such happiness to get a message, whether it be an ask or a discord dm from like you or erika or mao or anyone really. and i'm so grateful that i have friends i can talk to these days.
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alpacaparkaseok · 4 years
Text
Where you should be
Chapter 4: Atychiphobia
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Genre: Hobi x oc
Warnings: this series contains stalking, blackmail, and similar stressful/fear inducing situations. Also unrequited love, which is perhaps the most terrifying of all.
Word Count: 2.2k
Atychiphobia - an irrational and persistent fear of failing
August 2019
I’ve received two more notes. One was taped onto my studio door before I arrived for the day, another was placed on my keyboard when I left for a couple of minutes to use the restroom.
Bang PD has reviewed the security footage over and over again. The first incident did show a man in a hood and mask, matching the description I offered.
However, the other two times showed different people. A slender woman taping the letter on my door and checking over her shoulder. And a young man, rushing inside my studio when I left and leaving supposedly leaving the note on my keyboard.
As a result of the multiple breaches in security, I now get to have my very own little friend to shadow me while at work.
By little friend, I mean bodyguard. Ha-joon is fairly new to the job, but he’s definitely excited for his new position. I can tell by how he can never stay completely still.
“What time are you taking your lunch today?” He asks me, pacing beside the door. I’ve just lowered the headphones from my head, making a grand show of stretching before swiveling around to face him.
“How about now? Are you hungry?”
Ha-joon’s eyes light up. “Yes. Where should we go?”
I shrug. It’s not very often that I go out for lunch, I’m more the type to just pack a lunch or call up some takeout. However since acquiring a bodyguard that resembles an oversized puppy, I’ve come to learn that he needs to be taken out or else he goes a little crazy.
“Wherever you want, I don’t have a preference.” Following Ha-joon out of the studio, I make sure to lock the door behind me. Ha-joon’s eyes are wide as he looks up and down the hallway, waiting for some stranger to jump out of the shadows.
The air is thick and muggy as we exit the building, the two of us chatting quietly as we head toward the bus stop. Neither of us owns a car, but it’s fine. The bus will take us straight to the downtown area of Seoul where all the good street vendors hang about.
“-so then I graduated just over a year ago. To be honest, I really didn’t expect to be given an assignment so quickly, but-”
“Ha-joon, we’re in public, remember?”
The tall man gives me a sheepish smile. “Right.” We try our best to act like normal friends out in public; there’s no need for people to be wondering why I’ve got a bodyguard.
I fan my face, trying to breathe in the muggy air. “You think it’s gonna rain today? I hope so, this weather is horrible.”
“Probably, but it’s worse after it rains sometimes, don’t you-” Ha-joon is interrupted for the second time when a car pulls up to a stop in front of us, parking illegally in the bus stop area. People all around immediately start whispering and glaring, although nobody has the nerve to approach the shiny car.
Ha-joon steps in front of me, blocking my view before I can remember where I’ve seen that car before. Peeking around his body, I watch as one of the tinted windows rolls down.
“As much as you enjoy taking the bus, I’m not going to let you melt out here.”
My breath catches in my throat as I see Jung Hoseok sitting behind the wheel, Do-yun beside him. Ha-joon exhales, looking visibly relieved that there’s no real threat.
“Hop in,” Doyun says, getting out of the passenger side and gesturing for me to take his place.
I try to give Doyun a look that will soften his heart into letting me sit in the back, but he looks away from me and greets Hajoon. Holding my breath, I duck into the passenger seat.
Hoseok sits tall and rigid despite his show of casualness earlier. I feel like I could throw a bolt of lightning with how charged up I feel, too afraid to move too quickly for fear of exploding. Hajoon is oblivious to my current predicament, although I do catch Doyun’s eye in the rear view mirror.
He’s smirking.
“Where to?” Hoseok asks, quickly driving away from the bus zone. I turn around to look at Hajoon.
“Oh,” my bodyguard speaks up. “We were just going for lunch, I hadn’t decided where, yet.”
“I see.” I think he glances over at me but my eyes are glued to the road, refusing to look anywhere else besides those yellow lines that dot the street. Reminding myself with every line that there are some very clear lines here that I must not cross.
“...don’t mind, right?”
Hoseok’s voice sounds like it’s underwater as I only catch the last few words. Turning to him with wide eyes, I can feel the stares of both Doyun and Hajoon upon me. “I’m sorry, what? I didn’t catch what you said.”
Keeping his attention on the road ahead, Hoseok repeats himself. “I was asking if it was alright if we joined in on your lunch today. Doyun and I have been wanting to try this new place not far from here.”
Ignoring Hajoon’s puppy-dog gaze, I shrug. “That’s fine.”
Sitting around the table, I sit directly across from Hoseok who keeps glancing at me every few seconds. Doyun and Hajoon are swapping stories, which means that Hajoon is practically drooling as Doyun talks about his time as a bodyguard for one of the most famous groups in the world.
It’s nice here. Probably too nice for a simple lunch before heading back to the agency, but I let it slide. Despite the knots in my stomach from Hoseok’s conflicted stare, it’s nice to be on good terms with him again.
He hasn’t reached out to me since I turned down his offer a couple of months again, but my mind has been elsewhere anyway. He’s been busy with work, I’ve been busy with stalkers.
Our food has just arrived when I see Hoseok staring at me, trying to get my attention amidst the neverending conversation between Doyun and Hajoon.
I furrow my brows. “What is it?”
“I think your phone was going off.”
Frowning, I take my phone out of my pocket. I had it on silent, how did he know-
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The three occupants at my table appear to be completely engulfed in the meal before them, their eyes wide as they begin to taste the food and offer up their thoughts. I notice Hoseok’s phone sits beside his plate, face down.
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“You’ve hardly touched your food,” Hajoon remarks, glancing over at me with a concerned expression. “Are you feeling alright?”
Setting my phone down and fighting the blush in my cheeks, I start to attack my food. “Sorry, got distracted.”
My blush only deepens when I hear Hoseok’s breathy laugh from across the table, and I stare down my noodles.
Lines, Ha-rin. Remember what side of the line you’re on.
Maybe I can’t resume what relationship we had before. This, however...this might work. Group lunches and harmless conversations might be just enough to help me move on.
As I see how Hoseok’s dark hair falls into his eyes and he brushes it back, looking up at me and smiling, I offer a small smile of my own.
September 2019
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In September I learned that I would still love Jung Hoseok even if he did leak the tracks I labored over to the entire world. I also learned that he was still interested in listening to my work.
October 2019
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In October I learned that friendships can be salvaged when it’s a true friend. I also learned that there’s more to a name than just letters. 
November 2019
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In November I learned that Jung Hoseok will always come through, even if he’s been rejected. 
That little fact made me even more distraught over the fact that I had to reject him in the first place.
December 2019
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In December I learned how to set my pride aside and reach out to him first. I also learned that I have very thin walls, because my neighbors were very upset when they heard me yelling at my TV. 
March 2020
I enter the Bighit building with a skip in my step, humming as I head toward my studio. I’ve just settled down in my chair and powered up my computer when Adora appears at my door.
“Hey!” I greet her, grinning wide but my smile slipping away when I see her concerned expression. “What’s wrong?”
She shakes her head. “Bang PD just called a meeting, he sent me to come grab you.”
My eyes widen as I follow her out into the hallway, Hajoon appearing and walking in front of us. “Are the boys…?”
She knows that I’m asking about BTS, who’ve just returned from their promotions in the states. It’s been a couple of months since I’ve seen them around. Today I was hoping to get to see them. I guess my wish is coming true.
“They’re fine. I think this has more to do with that virus?”
Frowning, I enter the conference room with her, my worries fading as I see Hobi sitting with the rest of his group in the far corner. He looks up at my arrival, giving me a small smile.
Sitting beside Adora, Bang Si Hyuk does a head count before getting down to it. “Thanks for coming up, everybody. I know this wasn’t in the schedule for today, but we really need to talk about some pressing matters here.”
The room is deathly quiet as Bang Si Hyuk begins to explain COVID-19, and possible repercussions. I watch as Yeonjun and Soobin whisper to each other, worried expressions painted on their faces. Namjoon sits up straight, his shoulders tight as he hangs onto every word being said.
When the words ‘tour’ and ‘postponed’ are brought up, the silence is broken by Yoongi. “How long do you think we’ll need to postpone it for? Just until the summer?”
Bang Si Hyuk’s face does little to hide his thoughts. “I...I really don’t know. I just think we have to hope for the best and prepare for the worst.”
After further discussing our options, we break to head back to work. Hobi heads straight out the door before anyone else, his polite smile hiding his distress.
Heading back to my studio, I debate whether or not I should go up to the top floor and check on him. There’s no doubt in my mind that that’s where he is right now, but I’m not sure if he’s really in the mood to talk. Should I bother him right now? There’s a lot on his mind, I’m sure. And we’ve all got a lot of work to do if we’re going to get ahead of this virus-
“Fancy some fresh air?”
I’m torn from my thoughts as I hear a deep voice from before me. I gasp as the same tall man from all those months ago outside of my apartment complex appears in the doorway of my studio, a smug grin on his face.
Turning around to call out for Hajoon, I hear him clicking his tongue.
“Now, we don’t want to make a scene, do we?”
I scowl at him. “Why wouldn’t I?”
He chuckles, the sound ugly coming from his mouth. “Cutting right to the point. Good, I like that.” Holding up his phone, he extends it to me. “Take a look for yourself, darling.”
When I don’t budge, he shakes his head as though annoyed with me before tossing his phone. I catch it, keeping one eye on him as I look at the screen.
It’s a photo.
“Feel free to scroll through, there’s more.”
I’m fairly certain that I’ve forgotten how to breathe as photo after photo of Hoseok and I appear. There’s one of the two of us eating in my studio, several of us in the parking lot and getting into his car...there’s even one of the two of us outside his apartment, Hoseok reaching out to steady me as I descend his stairs.
“And?” I muster up the courage to look back up at the man, trying to be as discreet as possible as I move my fingers in order to delete the photos. The man scoffs at me.
“You can delete them if you’d like.”
I pause, mouth dropping as his words hit. “...then-”
“All of these photos are backed up already in my own personal file. They’re ready to be sent off to Dispatch first thing in the morning, along with a write-up of Jung Ha-rin, the coveted producer from a failing company that Bang Si Hyuk bought out for one of his beloved idols.”
My blood begins to boil as I look back down at the last photo. It’s a more recent one, taken just a few months ago when we went out to lunch with Hajoon and Doyun.
I know what it looks like. Hoseok and I smiling at each other across the table, our bodyguards flanking us on either side. Dispatch will tear this apart.
“How about we take a walk together? I’m sure we could come to some sort of agreement, don’t you?” He grins at me, taking a step closer and resulting in me taking a step back. “It won’t take long. Fifteen, twenty minutes tops.”
Sparing the empty hallway one last glance, I take a deep breath. “What do you want from me?”
The man’s smile reminds me of an evil, over the top Disney villain. “Now that’s the golden question.”
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arigatouiris · 5 years
Text
never too late // bakugou katsuki
Author’s Note: I’m a Bakuhoe and it is so evident ughhh. So I’d been to Hong Kong earlier this year and I visited Ocean Park and fell in love with the place! It’s the amusement part I’ve based off of for this one-shot. I personally think Theme Park AUs should be a thing, you know? I don’t personally know how things work, so I just made things up here. Hope ya’ll like this! 
Word count: 5480 (omg words just spilled oops)
Pairing: Theme Park AU! Bakugou Katsuki x Reader
Warnings: slow burn, pining, some angst if you squint, fluff
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As soon as you wore your uniform and stepped out of the locker room, you heard a scream. 
     “Help me! Somebody help me!”
You were late to work that day. You came in an hour late (a very reasonable excuse, if you had to say so yourself). You blinked before trying to find the source of the scream, scanning your eyes amongst the crowd of children and grown-ups in front of the queue leading to the aquarium. You sighed before walking over to a small child, whose hands were being held by his father, you presumed, and crouched down with a smile. 
     “Is something wrong, sir?”
The child looked at you and blinked before saying, “He isn’t buying me ice-cream!”
His father shot you an apologetic look, which you returned warmly. 
     “Maybe, you can get ice-cream after the aquarium visit? The fish aren’t allowed to have ice-cream, they’ll get jealous!”
The little boy’s eyes widened, before looking at his dad, who shot him a heartwarming smile. As the boy cheered, you bowed and made your way into the aquarium. 
You were incredibly happy with your life and your job—but after a certain incident, you were demoted. You were once a part of the dolphin crew—the best job, according to you, in Ocean World. You sighed as you thought about the dolphins and seals you were working with, you missed them and though it wasn’t as if you weren’t allowed to visit them, not working with them in those little skits broke your heart. 
Stupid Mineta, you thought before grumbling and heading to your current post. Well, at least he lost his job or fucking quit, I’ve no clue, you thought. 
You were currently in charge of the aquarium section—answering queries, if any, watching over the bigger fish, ensuring the tanks were clean and managing the crowds too. It wasn’t much on most days, but during weekends, it was jam-packed. You used to be one of the lead performers in the Ocean World’s dolphin and seal act—alongside the one and only Tsuyu Asui. Thanks to a little grabbing and slapping incident involving a regular pervert, Mineta (who was most probably fired or forced to resign, either one), you were asked very kindly to shift departments. 
While the entire ordeal was unfair, there was little you could do. You were given the hope that when things died down (you did not know what this meant), you could return. The best part about working in Ocean World was that you knew almost everyone who worked there. 
The head of the aquarium department was Midoriya Izuku, a close friend of yours from when you were in school. His knowledge of aquatic animals and plants was tenfold, there was no one who knew better than him. He was kind and stern when he had to be, and children adored him. The aquarium was large and the departments that were connected to it were—the Koala reserve, the Panda reserve, and the reptile section. 
Your good friends Jirou Kyouka and Yaoyarozu Momo worked in the Koala reserve, with Momo being a ranger herself. The Panda reserve had Kaminari Denki and Uraraka Ochako working there, and Uraraka was someone you constantly met with to share hot gossip, even when you were working with the dolphins and seals. The reptile section was headed by Bakugou Katsuki and Kirishima Eirjiro, but there was a slight problem there.
Bakugou Katsuki did not like you. 
And it wasn’t as if you hid your dislike for him, either.
Kirishima was often struck in the middle amongst your bickering but rarely said a word because only often does he get to enjoy two of his friends fight about the silliest things like water bottles or broken plastic chairs. 
It wasn’t as if you hated one another, no; Bakugou and you shared a weird relationship. You’ve known Bakugou for as long as you’ve known Izuku, and you could even call yourselves friends. But, the deal was very simple. 
There was a point in your life when you had a large crush on him, and there was a point in his life when he knew about it. However, there was no confession and there was no rejection—things were left floating in the air until those feelings evaporated in its entirety. You two now shared a weird kinship, bickering all the time but not letting it get too far if the other had a problem. 
When you were working with Asui, you rarely got to see Bakugou. The man never ate with the others, stuck to working all the damn time, and barely ever hung out after. He had a schedule he stuck to like nothing else—and this was perhaps why his only friend was Kirishima and sometimes, Midoriya tried to talk to him as well. 
     “(y/n)-chan!” Izuku whisper-yelled as soon as he spotted you.
He was standing in front of the tank that contained sawfish. You blinked before walking over to him, wondering what the whisper-yelling was about.
     “Izuku-kun? What’s wrong—”
     “It’s Kacchan.”
You hated that the situation began with ‘It’s Kacchan’ like it was a problem you had to deal with. You didn’t want to, but despite everything, Izuku was still your friend and it meant dealing with his friends from time to time as well. 
Groaning, “What’s wrong this time?”
     “The boys were getting beer last night and somehow Kacchan joined us, maybe Kirishima-kun forced him to, I don’t know... So, things got... Things got a bit—”
     “Excuse me, miss?”
You turned around to spot a lone parent with a worried expression.
     “Yes?” 
     “I can’t seem to find my daughter... I’m worried, she doesn’t have a phone on her, can you—” 
Your eyes widened, “Do you have a picture of her, ma’am? We’ll get on it right away. Izuku-kun, can you announce her name on the loudspeaker?”
Midoriya paused instantly and nodded, “Of course! Ma’am, please give us a picture of your daughter?”
     “She’s 7 years old... She’s deathly afraid of water, I wanted to bring her here to show her that it isn’t all that bad! I didn’t think she’d run away—”
     “Ma’am, I’m sure she’s fine. This is a big place, but we will find her. Rest assured. What’s her name?”
     “Mimi. Ito Mimi.” 
You nodded once before taking the picture from the mother and showing it to Izuku. Midoriya ran off to the mic station to make an announcement, and you started to look around inside. You instantly posted a message of Mimi’s picture and name in the Ocean World group on WhatsApp. 
Me: 𝙽𝚊𝚔𝚘𝚞 𝙼𝚒𝚖𝚒. 𝚂𝚎𝚟𝚎𝚗 𝚢𝚎𝚊𝚛𝚜 𝚘𝚕𝚍. 𝙻𝚘𝚜𝚝. 𝙻𝚊𝚜𝚝 𝚜𝚎𝚎𝚗 𝚒𝚗 𝚝𝚑𝚎 𝚕𝚊𝚛𝚐𝚎 𝚊𝚚𝚞𝚊𝚛𝚒𝚞𝚖, 𝚜𝚊𝚠𝚏𝚒𝚜𝚑 𝚜𝚎𝚌𝚝𝚒𝚘𝚗. 𝙿𝚕𝚎𝚊𝚜𝚎 𝚔𝚎𝚎𝚙 𝚊𝚗 𝚎𝚢𝚎 𝚘𝚞𝚝!  〣( ºΔº )〣
Ocha-chan: 𝙾𝚑 𝚐𝚘𝚘𝚍𝚗𝚎𝚜𝚜! 𝚈𝚎𝚜, 𝚠𝚎’𝚕𝚕 𝚔𝚎𝚎𝚙 𝚊𝚗 𝚎𝚢𝚎 𝚘𝚞𝚝 𝚑𝚎𝚛𝚎! ( : ౦ ‸ ౦ : )
Eijirou-kun: 𝙽𝚘 𝚔𝚒𝚍𝚜 𝚑𝚊𝚟𝚎 𝚌𝚘𝚖𝚎 𝚑𝚎𝚛𝚎, 𝚞𝚗𝚏𝚘𝚛𝚝𝚞𝚗𝚊𝚝𝚎𝚕𝚢 (╥_╥)
Kyou-chan: 𝙾𝚏 𝚌𝚘𝚞𝚛𝚜𝚎, 𝚗𝚘 𝚘𝚗𝚎 𝚕𝚒𝚔𝚎𝚜 𝚛𝚎𝚙𝚝𝚒𝚕𝚎𝚜 ┐(︶▽︶)┌
Eirjirou-kun: 𝚁𝚎𝚙𝚝𝚒𝚕𝚎𝚜 𝚊𝚛𝚎 𝚖𝚊𝚗𝚕𝚢! 𝙽𝙾𝚃𝙷𝙸𝙽𝙶 𝚒𝚜 𝚠𝚛𝚘𝚗𝚐 𝚠𝚒𝚝𝚑 𝚝𝚑𝚎𝚖 ヽ(`⌒´メ)ノ
Me: 𝙶𝚞𝚢𝚜... (¬_¬)
Kyou-chan: 𝚂𝚘𝚛𝚛𝚢, (𝚢/𝚗) (シ_ _)シ
Eijirou-kun: 𝙸’𝚕𝚕 𝚔𝚎𝚎𝚙 𝚊𝚗 𝚎𝚢𝚎 𝚘𝚞𝚝! ( ̄^ ̄)ゞ
You sighed before holding your phone in your hand and scanning each and every child’s face in the aquarium. A second later, Izuku’s voice was heard on the loudspeaker, announcing Mimi’s name and asking her to stay put wherever she is. He even stated that she should try and find someone wearing the Ocean World uniform and ask them to bring her to the Aquarium entrance. 
A second later, your phone buzzed.
Your eyes narrowed when you noticed it was Bakugou who was calling you.
     “I really don’t have time for—”
     “Shut up, idiot. The kid’s here with me. She’s fucking crying and I don’t know what to do.”
You blinked. 
     “What?”
     “Are you fucking slow or something? The kid’s with me—”
     “Bakugou! What did you do? Did you make her cry?”
You couldn’t understand. Kirishima said there was no kid in the reptile section. But, where was Bakugou?
     “Wait, where are you?” 
You could hear him groan on the other end, “I’m near the amusement park. Outside the roller coaster.”
     “What are you doing there?”
     “Shut up and come get her.”
You let out a long sigh. Ocean World was large—it was the largest theme park in the entire country. Since half of the park was situated literally on top of a mountain, the park is separated by a large mountain into two areas, The Summit (Headland) and The Waterfront (Lowland). To get to the amusement park, you had to move from the Lowland to the Headland—and you can only do so by using a cable car (which takes close to 20 minutes on its own). 
     “Seriously, Bakugou,” You said, right before he hung up, “Is everything okay with you?”
You didn’t hear him curse, which was new. You heard him breathe on the other end and say not a word.
     “Bakugou—”
     “(y/n), just come get the girl. She’s scared and has no idea how she got here.”
You nodded once before ending the call. You wanted to drop a message on the group saying the girl has been found, but you decided you’d do so after seeing the girl first. You quickly rushed to Midoriya and grabbed him by the shoulder.
     “Quickly tell me what’s up with Bakugou in like, 30 seconds.”
Izuku blinked, “We were drinking last night and we spoke a lot about you and Kacchan, not intentionally, but it just came up about how you two could have dated in school but didn’t and—”
     “Oh my god, Izuku-kun, I will kill you—”
     “But, Kacchan was quiet during the whole thing! I haven’t ever seen him so quiet before! It was strange... As if he was regretting something. Also, he called me Midoriya after and not Deku—”
     “So weird.” You said, scrunching your eyebrows.
     “Weird, indeed. But, it was Kaminari-kun who brought it up. Anyway, when Kirishima-kun asked Kacchan if he liked you back, he just up and left. We haven’t seen him since. He apparently took a day off today, too.”
A day off? You blinked. But, he just called me!
     “Uh, okay. So, I think I know where Mimi-chan is, so I’m going to head there now, okay? We’ll talk about Bakugou after!”
     “There really isn’t anything more to talk about, considering how he knew you liked him back then—”
     “The entire school knew, Izuku-kun, I’m over it.”
     “He just looked really depressed about it, that’s all. It’s like, the second your name was mentioned, Kacchan wasn’t Kacchan anymore.”
You felt your heart skip a beat at the mere thought. Nodding, you shot a personal message to Bakugou saying you were going to catch a cable car there and asked him not to move.
Bakugou: 𝚆𝚎’𝚛𝚎 𝚊𝚝 𝚝𝚑𝚎 𝚏𝚘𝚘𝚍 𝚜𝚝𝚊𝚕𝚕, 𝚒𝚗 𝚏𝚛𝚘𝚗𝚝 𝚘𝚏 𝚝𝚑𝚎 𝚛𝚘𝚕𝚕𝚎𝚛 𝚌𝚘𝚊𝚜𝚝𝚎𝚛. 𝚂𝚑𝚎 𝚠𝚊𝚜 𝚑𝚞𝚗𝚐𝚛𝚢.
Me: 𝙸𝚜 𝚜𝚑𝚎 𝚜𝚝𝚒𝚕𝚕 𝚌𝚛𝚢𝚒𝚗𝚐? (ᗒᗣᗕ)՞
Bakugou: 𝙽𝚘, 𝚜𝚑𝚎’𝚜 𝚜𝚝𝚞𝚏𝚏𝚒𝚗𝚐 𝚑𝚎𝚛 𝚏𝚊𝚌𝚎 𝚠𝚒𝚝𝚑 𝚏𝚘𝚘𝚍. 𝙸𝚍𝚒𝚘𝚝 𝚔𝚒𝚍.
You giggled before rushing to the cable car section. Of course, he doesn’t use emojis. 
You were glad it was a weekday, which meant the cable cars were free and you could literally hop on one before heading up to the Headland. Sighing, you sat inside the cable car and waited, wondering about Bakugou the entire time.
It was all true. You could have told Bakugou you liked him back then but chose not to. You didn’t know why, but some part of you wanted to get over him and not face rejection. There were many signs that showed he had an interest in you as well, but you assumed it was mainly because he knew you just as much as he knew Izuku. You got over your crush in less than a year—you even dated Monoma after that for a whole year! And after that ended badly, you decided you’d not date anyone in your close circle.
But, each time you did think of Bakugou, you felt sad. Almost as if you let something go—you barely knew him too well when you liked him, but there were things about him that were so attractive. He was focused and had his way with the reptiles. You’ve watched him with them, he wasn’t his usual loud and abrasive self. He cared for the reptiles and treated them all like children, despite reptiles being hated by so many for being physically repulsive. You wouldn’t deny it, you hated reptiles before Bakugou explained them to you.
They’re just misunderstood, he’d say.
You gulped when you thought of how you could apply his words for him as well. For the most part, Bakugou was misunderstood, and it was no fault of his. He was loud, true, and could be intimidating, for sure—but, he was kind and you had seen it and experienced it first hand.
Now, when you came to think of it, you couldn’t see why you never told him. And to think he knew about it—that shocked you more. He knew you liked him, and never told him, you only wondered what he thought of you. 
Did he wonder why you never told him?
Did he... you gulped, Did he also...?
You shook your head before thinking of such things. 
On reaching the Headland, you sighed before looking down at the 10-minute walk to the amusement park. You shot Bakugou a message saying you’d reached the Headland, asking him about his whereabouts.
Bakugou: 𝚂𝚑𝚎’𝚜 𝚜𝚝𝚒𝚕𝚕 𝚎𝚊𝚝𝚒𝚗𝚐.
Me: 𝚃𝚑𝚊𝚝’𝚜 𝚐𝚘𝚘𝚍. 𝙸 𝚗𝚎𝚟𝚎𝚛 𝚔𝚗𝚎𝚠 𝚢𝚘𝚞 𝚠𝚎𝚛𝚎 𝚐𝚘𝚘𝚍 𝚠𝚒𝚝𝚑 𝚔𝚒𝚍𝚜! (¬‿¬ )
Bakugou: 𝚈𝚘𝚞 𝚍𝚘𝚗’𝚝 𝚔𝚗𝚘𝚠 𝚊 𝚕𝚘𝚝 𝚘𝚏 𝚝𝚑𝚒𝚗𝚐𝚜 𝚊𝚋𝚘𝚞𝚝 𝚖𝚎.
You froze. 
Your fingers were itching to type something in response to that, but you shoved your phone inside your pocket and made your way to the amusement park. You knew the entire theme park like the back of your hand, so what would normally take you 10 minutes, took you 4. You weren’t sprinting, but you were eager to see Bakugou more than ever before.
He wasn’t working, which meant he would have to be in civilian clothes. He walked out of a party or whatever it was, without saying a word—very unlike him to call Midoriya as Midoriya and not Deku, and it was very, very odd for Bakugou to say what he had just said.
For some strange reason, your heart was beating very fast. Suddenly, it felt like you had two hearts palpitating instead of one—your nervousness was profound. 
It had been years since you had seen Bakugou alone without anyone else. It was a strange thing to think about when you were going to meet him alone, but it shocked you, too. You hadn’t been alone with Bakugou in more than 8 years almost, you were always with your friends or he was with Kirishima. 
And the last time you were alone, you had a huge, huge, huge crush on him.
You spotted Bakugou sitting across a small child with brown hair. You sighed in relief when your eyes landed on him, but a second later, his eyes met yours—almost as if he knew you were there. You froze where you stood; suddenly, Bakugou was a remedy for heart palpitations. Or he made them worse. You couldn’t tell.
You walked over there and double-checked if the girl was the missing Mimi. It was.
     “Mimi-chan,” you voiced, your heart still beating frantically, “Your mother is looking everywhere for you! She was so worried. What happened?”
     “I wanted to see the cable cars...” She said, guiltily. 
You sighed before placing a calm hand on her shoulder. 
     “Once you’re finished with your food, let’s go to your mother?”
She nodded happily and pointed to Bakugou, who was quietly sitting across her.
     “Baku-san’s very nice! He bought me popcorn and cotton candy!”
You looked to Baku-san with amused eyes, “Baku-san sure is something else, isn’t he?”
Bakugou blushed with embarrassment, a very evident frown on his face.
     “Baku-san’s the best!” Mimi exclaimed, causing you to giggle.
     “He sure is—”
     “Stop talking about me like I’m not here, you stupid extras!”
A second later, you shot a text to Izuku saying the girl was found. Midoriya instantly called you.
     “She’s fine, Izuku-kun. Is her mother there with you?”
     “Can you stay put there? Her mother and I are coming to you.”
You blinked, turning to Bakugou, “Uh, I can bring her to you—” Bakugou’s hand grabbed your wrist, shocking you to stillness. 
     “Stay here.”
Your eyes widened at his words, such a confusing change of behavior. You blinked twice before trying to figure out what to do.
     “Alright, Izuku-kun. I’ll be here. We’re at the roller coaster food trailer.”
     “Okay!”
Once the call was done, you turned to Bakugou with a scowl. You wanted an explanation. You pulled her hand away from his grasp before turning to Mimi, who was concentrating on her food. Plopping beside Bakugou, whose facial expression was currently null, you hit him across his arm.
     “What the fuck is going on?”
You never swore, but on the rare occasions that you did, Bakugou was always amused. You heard him chuckle. You hit him across his arm again.
     “You’re not acting yourself, Bakugou! What is going on?”
It wasn’t like him to beat around the bush. Bakugou’s firecracker personality didn’t make a lot of people like him, but that was the one thing you admired. Sure, the two of your relationship dwindled after school but that didn’t mean you hated him. You two drifted apart, and that was as natural as anything else. 
     “Why are you so fucking annoying, (y/n)?” He asked, not looking at you.
     “What is that supposed to mean?”
     “You...” He shook his head, trying to find the right words, “You fucked things up.”
Your heart fell at his words. Fucked things up? What did he even mean?
     “What did I even do? You aren’t being clear here—”
     “Why didn’t you tell me?” You barely heard him but you managed to understand what he said.
     “Tell you... what?”
Bakugou turned to look at you with a ‘really?’ expression. His red eyes were literally piercing into your soul. You had to gulp before even trying to answer.
     “Oh...” 
He chuckled before turning away, “Yeah.”
You two sat there, not saying a word. Your heart was beating so fast, you could feel the blood rushing to your ears. 
     “But, why does that matter now? I mean, it’s been 8 years, Bakugou...” 
     “And not once in these 8 years did you think I deserved to know?” Bakugou asked, and you had no idea why his words pierced you.
You almost winced at the way his words sounded. He was stoic, but it was unusual. 
     “I didn’t think you’d like me back. It seemed like you hated me. It seemed like you hated everyone. I couldn’t approach you—”
     “I didn’t fucking hate you, (y/n). Fuck, I...” He cursed under his breath, “I really thought you of all people knew me better.”
Your eyes widened and you turned to look at him avoiding your gaze. Your hand reached out to his, but he pulled his hand away before you could even graze your fingers against him.
     “Bakugou—”
He turned to the girl, Mimi, who had finished eating by then. 
     “You done, kid?”
She nodded happily before Bakugou stood up. 
     “I’m going to the roller coaster. When you’re done handing her over, come see me,” He turned to you before deadpanning at you, “We’re not done talking.”
You nodded. It was so unlike him, but you knew you had to get things over with. It was 8 years overdue.
     “Why did you take a leave today—”
Bakugou was already several feet away. You sighed before turning to the girl and smiling. A few minutes later, Midoriya and her mother came over. Mimi hugged her mother before waving goodbye at you and Izuku. You sighed for the thousandth time, before turning to Izuku.
     “Say, Izuku-kun,” You struggled to find the right words, “Do you think I should have told Bakugou about liking him?”
Izuku hummed, “I think if you have a crush on someone, they deserve to know. I mean... I’d have felt bad if Uraraka-san never told me that she liked me. She did and it didn’t work out after, but I’m glad she was honest.”
You stayed quiet. “Do you think Bakugou feels bad I was never honest with him?”
     “Anyone would, really. But, if you ask me,” Izuku looked at you with a calm smile, “I think Kacchan is hurt not because you weren’t honest with him. Everyone knows he struggles with expressing his own emotions. He won’t hold it against someone for struggling in the same way.”
You blinked, what Izuku said made sense. But, then why was Bakugou hurt?
     “Then why is he...?”
Oh. 
Izuku chuckled, “I think you know the answer, (y/n)-chan.”
You could barely breathe. There was more than one type of guilt. You might do something horrible that you later regretted. But you could also feel guilty for something you'd not done. By not telling Bakugou you liked him, you robbed him of a chance to respond; you robbed him of a chance for a confession, you knew he could have done so himself if he wanted to, but that was something you knew now, and not before. You robbed Bakugou a chance of experiencing something for the first time, and you robbed him of a chance to grow up not wondering, ‘Am I not worth liking?’
Oh God, you thought, feeling fresh tears strike your eyes. What if he thinks...? 
What if he thinks he doesn’t deserve it?
What if he spent all these years thinking he doesn’t deserve it?
You brought a shaky hand to your mouth before turning to Izuku. He merely smiled at you, patting your shoulder twice.
     “Don’t overthink it,” He suggested, “Kacchan’s a lot more complex than people give him credit for.”
You knew all this. You knew how he was always misunderstood. You urged people to give him a chance, despite pretending all this while to hate him. You were aware that he had difficulty expressing his emotions, but you also knew that didn’t mean he didn’t have emotions, to begin with.
If Bakugou knew you liked him and did everything you could to get over him, if he knew just this fact and especially if it didn’t come from you, then he must believe that you hated it the whole time.
You needed to rectify this. You needed to let him know that you didn’t tell him because you were scared. You needed to tell him that he’s worthy of those feelings, that he has nothing on him that can even be considered repulsive. You knew of his internal struggles, you knew how hard he worked, even in college. You knew he was focused, driven, arrogant—only because he wanted to be a better person, a better adult, a better human being.
And you had denied him, despite knowing it all, of a chance to grow romantically.
You could still argue on why Bakugou never confessed to you if he liked you back. But, the problem was a lot bigger than just him liking you back or not. The problem was you never having told him yourself. The problem was him believing you didn’t want to. 
     “Izuku-kun, can you ask someone to take over for me?” You were glad you were wearing a tank top underneath the Ocean World uniform.
Midoriya’s eyes widened as you handed him your uniform.
     “W-Where—”
     “Just take this and put it in my locker. You know my combination, right?”
Izuku nodded, “Yeah—”
     “I need to rectify something I should have done 8 years ago, Izuku-kun, so, please. Do me this favor, okay?”
Izuku nodded before smiling at you. You loved this boy, he was just so precious. You leaned forward and kissed his cheek, earning a chuckle from him.
     “Are you going to tell him?”
     “Oh, yeah.”
As soon as Izuku walked away, you turned to the roller coaster and rushed over there. You spotted Bakugou, using his phone, leaning against the counter. The roller coaster was apparently the scariest rollercoaster in all of Asia. While you hated rollercoasters with your life, you also knew Bakugou loved them. He loved anything that involved adrenaline, so you had something in mind.
     “Baku-san!” You teased, before making Bakugou scowl at you.
     “Don’t call me that, idiot.”
     “Don’t call me idiot, idiot.”
You grabbed his hand before leading him to the ticket counter. Bakugou’s eyes widened before you rushed to the rollercoaster’s waiting line. You two worked there, you didn’t need tickets.
     “What the fuck—Hey! I thought you hated—”
     “Oh, yeah, I hate them. I might grab on to your hand and squeeze the life out of them so, just take it.”
Bakugou blinked before being violently pulled into the rollercoaster’s first car. You gulped before feeling your entire body tremble, grasping Bakugou’s hand as tightly as you could.
     “(y/n), you’re literally shaking.”
     “Shut up. If we’re dying, at least we’re dying together.”
You heard him chuckle once just as the rollercoaster began to move. You squeaked before tightening your grip against his hand, only to have Bakugou hold your hand in return. You wanted to appreciate this gesture, but you were scared shitless. Just as the coaster moved, you screamed—you screamed, screamed and screamed some more—before you stopped screaming.
     “Oi—”
You were about to faint.
    “(y/n)—”
    “We are so dead—”
A minute of death later, the rollercoaster stopped. Bakugou helped you out, pulling you to a standing position. Your hands, legs and your lips were quivering, causing Bakugou to fall into a fit of laughter. You knew the adrenaline made him laugh and not to mention, your scared face.
     “S-stop l-laughing, I-I was r-really—”
     “Why did you do it?”
You looked him straight in the eye and frowned. Your frown deepened when you noticed his smirk increase.
     “Let’s go. I want to see the dolphins,”
Bakugou looked at you from the corner of his eye.
     “I really like dolphins. I especially miss Kiro and Soma, they were lovely. Not to mention, Tama the seal. She’s adorable! Did you know she loves mackerel the most? I mean—”
     “(y/n), you’re nervous.” 
You shook your head, “I mean, Tama’s the nicest seal too! She loves when you put her in those cute little—”
     “You definitely are. You talk a lot when you’re nervous.”
You could feel your heartbeat in literally every part of your body. You didn’t know why.
     “No, I don’t. I was just talking to you about—”
     “Do I make you nervous?” You could practically hear the smirk from Bakugou at this point.
     “No. I’m not nervous, Bakugou.”
     “You’re trembling.”
You hated how perceptive this douchebag was. 
     “I’m cold and I almost just died.”
Bakugou laughed before noticing your hands were still connected. He didn’t say a word and walked ahead, your linked hands still linked. You tightened your grasp, looking over to him and blinking a few times, expecting some response. When you felt him tighten his grasp as well, your heart skipped a beat.
     “Yeah, I noticed.”
When you reached the open auditorium where the dolphin show was happening, you noticed Tsuyu and your temporary replacement, Iida Tenya, perform a different skit. You smiled when you saw your animal friends, your hands still linked with Bakugou’s.
     “Bakugou?”
When you didn’t hear him say anything, you assumed it was safe to talk.
     “Can I call you Katsuki?”
He turned to look at you once, before nodding. He noticed how you weren’t meeting his gaze, and he knew he had to say something before things escalated.
     “Listen, you don’t have to do this shit just because—”
     “Just because of what? I see what I did wrong, and I... I regret it.”
     “(y/n)...”
You turned to him now with pleading eyes, “No! I have to do this—”
     “This isn’t the time or place for—”
     “Then take me somewhere you want to, wherever you think is appropriate. If I don’t do this now, I... I’ll live with regret all over again, and I don’t want to do that. Katsuki,” You didn’t notice how his face reddened when you called him that, “I was so wrong in not telling you how I felt. I was so wrong, I wish I could go back in time and tell you back then how much I—”
     “(y/n), I’m in love with you,” Katsuki said, with a straight face.
Your eyes widened. 
     “Have been. For years. It sounds like a fuck-all cliche, but it’s a fucking pain. And when I got to know you liked me back in school, I knew I should have fucking said something. But, I’m like this,” he gestured to himself, “And you’re you.”
     “What is that supposed to mean?”
Bakugou groaned, “It means, we’re not compatible.”
     “And who made that fucked up assertion?”
Bakugou tried to let go of your hand, but you held on tighter than ever before.
     “For the last time, Katsuki, tell me what the fuck is on your mind or I swear to fucking hell I’ll never know.”
Katsuki took a moment. He was frowning at you, but you knew it wasn’t at you but at the thoughts, he was currently having. He took a deep breath before composing himself. 
     “I can’t give you what you want,” He brushed a hand through his hair and, “I’m not... I’m not boyfriend-material. I can’t be nice, I can’t be romantic for shit, I can’t surprise you, I can’t compliment you, I can’t—”
     “And all of those things, you did today. In a single day.”
Katsuki’s eyes widened.
     “What?”
You nodded, “You can’t be nice? You bought a random little girl some food and made sure she stopped crying to the best of your abilities. Boom, next. Can’t be romantic? You held my hand all through the rollercoaster ride despite finding it hilarious. Boom, next. You can’t surprise me? You gave me a hell of a shocker by even saying you’re in love with me and practically everything you did today is a goddamn surprise, so boom! Next,”
You stepped closer to Bakugou, your hands still in his. You noticed his grasp on your fingers was loose, and you used this opportunity to play with his hands. 
     “You can’t compliment me? You told me you love me, Katsuki. That’s the biggest compliment anyone can ever give me.”
Katsuki just stared at you, blankly. 
     “You’re a fucking idiot.”
You giggled before leaning down and placing your forehead on his chest. Bakugou’s hand wrapped around the nape of your neck, and he leaned against the pillar by which he was standing. 
Suddenly, a thought entered your head. Leaning back, you looked at Bakugou with a confused expression.
     “What?”
     “Do you have anything to do with Mineta quitting?”
Katsuki scoffed. He didn’t say a word and just leaned back, eyes closed. You quietly placed your forehead back on his chest and sighed, wrapping one arm around his waist.
     “I guess I have my answer.”
A few minutes later, you led Bakugou out of the open auditorium, hands still connected. 
     “Katsuki,” He didn’t say anything. “So, you love me? Like, love me love me?”
You could practically see how the cringe form in his face, making your smile grow in response. 
     “I take it back.” He snapped, grumbling.
You giggled before leaning closer to him, hands still connected, “No.”
Bakugou raised an eyebrow, “No, I can’t take it back or no, you don’t... You don’t feel...?”
He felt like an idiot even saying it. He could feel something sink inside of him. He guessed it was his dignity. He placed his hand to cover his jaw, in an attempt to cover the redness in his face.
Your fingers wrap around his fingers and you pull his hands from his jaw so he can look at you, or you guessed, so you can look at him.
     “No, you can’t take it back, silly.” You said in a voice so deep and warm and full of things that Bakugou couldn’t get mad anymore. 
This has to be what people mean when they say they “melted.” Bakugou would never admit he felt this way.
Bakugou gulped. He couldn’t look away from your amused expression. Your eyes were so deep and warm at the same time, just looking at him and nothing else. Right then, Katsuki wondered how could a person’s eyes be so ridiculously gorgeous and enchanting and so full of things he desperately wanted to know.
     “So, what’s your answer?” He almost whispered, afraid he might screw it all up.
Those eyes of yours widen a little bit. You hold your breath. You lean forward, standing on your tip-toes, feeling the confidence come from who knows where and fan your lips over his.
     “I like you, Katsuki,” you say and close the gap instantly.
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Text
In Exchange (Tivali)
Tali’s parents are terrified when she suddenly comes down with a case of appendicitis. 
Read here or on AO3 or ff
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"What it's like to be a parent: it's one of the hardest things you'll ever do, but in exchange, it teaches you the meaning of unconditional love."
-Nicholas Sparks, The Wedding
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"Ima, Daddy, I don't feel so good," Tali mumbles one night after dinner.
"What hurts?" Tony asks.
"My tummy."
Ziva purses her lips, not unsympathetic. "I did tell you to eat more slowly, did I not, ahava shelli? You probably have gas. I know it is uncomfortable, but it will pass."
"But what do I do to make it stop hurting now?" Tali whines.
"Oh, that's an easy one," Tony answers. "You just have to ride a bike."
Tali frowns. "Ride a bike? But it's night time, Daddy."
Tony laughs, standing and offering his hand. Tali takes it, distracted momentarily from her discomfort. "Not a real bike, baby girl. C'mere, I'll show you."
He leads her to the living room and has her lay on her back on the sofa. "Alright, now give me your feet." Tali laughs a little at the strange request but sticks her legs up in the air all the same. "Perfect. Okay, so I'm going to hold onto your feet and push on them and you bend your knees—we'll work together to make it seem like you're pedaling really fast. Got it?"
"Got it."
"Smart girl. Ready… go!" He starts singing a silly song under his breath as they move. "Ride a bike, ride a bike, ride a bike, bike, bike!" Tali is clearly tickled, and she giggles for a minute after they stop. "Did it work?" Tony asks, grinning at her mirth.
"How do I know if it did?"
"It worked if it made you toot."
"Toot? Ew, Daddy! That's gross!"
"Maybe it is, Tali-Tee," Tony says, teasingly poking her sides to make her squirm, "but it'll make your tummy feel better. So did it work?"
"No."
"Alright, we'll just try again."
When it still doesn't work a second time, Tony exchanges mildly concerned glances with Ziva. Tali probably just has a bit of a stomach bug or maybe some constipation, but it's something they'll need to keep an eye on, just in case.
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Ziva goes to check on Tali a few hours after bedtime, and at first, all seems well. Tali is sleeping soundly, showing no signs of distress.
Moved by tenderness, Ziva leans down to kiss the sleeping girl's face, but she jerks back a little almost immediately. Tali's skin feels too warm, probably feverish. Combined with the upset stomach she had earlier, it's slightly worrying.
Trying not to jump to conclusions, Ziva fetches a thermometer and runs it lightly across Tali's forehead. When it beeps, she turns it over so she can see the screen—it reads 38. It is a fever, but it's not a high one, thank goodness.
Ziva is kneeling next to the bed, trying to decide what to do, when she hears her name being whispered. "Ziva?" She looks up to see Tony in the doorway. "Is she alright?"
Ziva holds up the thermometer so he can see. "She has a fever. I am not sure what to do. If it was higher, I would wake her to give her medicine, but… since it is still low, should we wake her, or let her sleep?"
Tony considers that for a moment. "I think we should probably give her some paracetamol. The fever may be low now, but getting ahead of it wouldn't be the worst idea in the world."
Ziva nods and starts to stand, but Tony shakes his head. "You go ahead and wake her up. I'll go get the medicine."
He disappears from the doorway, and Ziva starts gently petting Tali awake. "Hamuda, it is time to open your eyes," she murmurs. "Come now, wake up, little one."
Slowly, Tali emerges from sleep, opening her eyes and then fluttering them closed again into a squinty frown to ward against the dim light spilling in from the hallway. "'s morning already? I wanna go back to sleep."
Ziva can't help smiling at the complaint. Tali really is just like her father. "No, it is not morning, and you can go back to sleep. Abba and I just need you to take a little medicine first." She hears footsteps and then Tony's hand appears in her field of vision, offering a little measuring cup full of thick red liquid. "It is the kind you like best—cherry!"
With her eyes still clenched shut, Tali opens her mouth. Ziva pours the medicine in. "How does your tummy feel tonight, my love?"
"Hurts." She already sounds like she's halfway back to sleep, though, which is reassuring. It must not hurt too badly.
Tony pats Tali's foot over the blanket. "I'm sure you'll feel better in the morning, baby. You can go back to sleep now."
"'Kay." Within a few moments, she's breathing deeply and evenly again, fast asleep.
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The rest of the night passes without incident. Tali wakes up in a bad mood, though, and only picks at her breakfast. "I don't want this," she finally says, grumpily pushing her bowl away with enough force that milk slops over the side and onto the table.
Tony frowns at her. "You don't have to eat it if you're not hungry, but don't make a mess just because you woke up on the wrong side of the bed today, Tals," he scolds lightly.
"I didn't mean to!" Tali snaps, and she promptly bursts into furious tears.
Stricken, Tony gives Ziva a wide-eyed look. Help?
Ziva stoops in front of Tali, reaching up to wipe tears off of her face. "What is the matter, Tali? We have nothing to cry about, yes?"
"I—" Tali's sobbing so hard that she has to catch her breath before she can speak. "I don't—I don't feel gooood!" she wails.
"It is okay, sweet one, it is all going to be okay," Ziva coos, drawing Tali into her arms and rubbing her back. "Shh. Take deep breaths, my love." Over the top of Tali's head, Ziva gives Tony a mild reproachful look, and the look he gives her back clearly says 'I didn't mean to upset her!'
When Tali calms, Ziva pulls out of the clingy hug and pushes Tali's tear-wet hair out of her face. "That is better," she says, keeping her voice low and soothing. "Now, can you use your words? Can you tell me exactly what does not feel good?"
"My tummy, Ima. It still hurts!"
"Worse than yesterday?"
"Ken."
"Show me where, please?"
Tali points to her belly button, her lip trembling as tears threaten again. Suddenly, though, she goes a little green and turns around to run to the bathroom.
Her parents follow, wincing as she throws up in the toilet. Tony loosely holds her hair back so it doesn't get caught up in the stream of sick. When she seems done, Ziva grabs a cup from under the sink and fills it with water so Tali can rinse and spit. "Should we take her to the pediatrician?" Tony asks under his breath.
"Maybe," Ziva agrees in an undertone.
Tali, however, overhears. "No!" she cries. "No doctors!"
Tony and Ziva exchange looks again. "A doctor might be able to help you feel better, though, love," Tony reminds their daughter.
"No!" Tali repeats fiercely. She's deathly afraid of needles, which has given her a general case of white coat syndrome. Her parents know that she's likely to upset herself significantly if they try to drag her to a medical office. They exchange one more look, and then…
"You do not have to see a doctor right now, but if you start to feel worse, Tali, you must tell us, yes?" Ziva compromises, gentle but firm.
"Fine," Tali mutters. "I wanna go lay down."
"Go for it, darlin'," Tony tells her. "That's a good idea. I'm going to put a trash can next to your bed in case you have to be sick again."
A few minutes later, Tali's back in bed and Tony and Ziva are in the kitchen talking, worried. "Maybe it's just a stomach bug, but… I don't know. I don't have a good feeling, Ziva," Tony says quietly.
"I do not feel good about it, either," Ziva agrees. "We may need to go to a hospital rather than the pediatrician if she gets worse. But—she will be…" she trails off, apprehensive.
"She'll be fine."
Tony's not sure who he's trying to convince—Ziva or himself.
___________________
An hour later, no one is convinced. When Tali wakes up in hysterical tears, she stumbles out of her room clutching her abdomen, seriously alarming both of her parents. "It hurts!" she sobs. "My tummy hurts!"
Tony reaches out to feel her forehead and grimaces. "Ziva, she's burning up. I think it's time."
Ziva nods seriously.
"Time for what?" Tali demands, her tears taking on a fearful edge.
"It is time to visit the hospital, little one," Ziva says softly.
"Noooo!" she wails, backing away. "No hospitals! I don't want to go to the hospital!"
Tony kneels in front of her, mindful not to spook her further. "Hey, Ima and I will be right there with you, baby. We'll be there the whole time. I know it's scary, but if your tummy is sick, we need to see a doctor about it. It's the only way you're gonna feel better, sweetheart."
Tali stamps her foot, trying to look fiercer than she feels. "No. I won't go!"
"Yes, Tali, you will. I am sorry that you are afraid, ahava shelli, but this is important. You are very grown up, and very brave. I have faith in your ability to do what you must. If you cannot, however, we will have to carry you." With Ziva and Tali wearing matching frowns, they look so incredibly similar.
Tali glares between her parents and then makes a break for it, aiming to hide in her room. Tony deftly catches her, however, and murmurs "I'm so sorry" to her as she struggles against him. He turns to Ziva, rising to his feet with his daughter in his arms. "Let's go. Now," he says grimly.
___________________
By the time they reach Hôpital Necker, the nearest children's hospital, Tony and Ziva are both white-faced and anxious, and Tali is inconsolable. The five-year-old has spent the ride fighting desperately to escape, fearing the hospital far more than whatever's upsetting her stomach.
They bring her inside; Ziva goes to talk to the triage nurse while Tony maintains a tight told on Tali, keeping up a constant stream of murmured reassurances to the terrified child. She has mostly stopped trying to run, but he doesn't set her down—he can't let her know, but he's just as afraid as she is. There's little he can do to protect her, but he can hold onto her and keep her safe for now, at least.
It isn't long before they're in a room and things start moving… Tali gets changed into a hospital gown, her tiny hand gets a new IV, and a doctor comes in to examine her. He can't determine much without some tests, so they draw blood, have Tali pee in a cup, and order a CT.
Tali, for her part, has calmed to mere wide-eyed trembling, and she even sits still for the needle sliding into her vein for the IV—so long as Ima keeps holding her hand tightly, that is. She loses it again, though, when she's informed that Ima and Daddy can't go to the CT room with her. Then she struggles so much that the doctor decides she needs to be sedated.
Ziva thinks there's little that's more painful than watching all the fight leave her tiny daughter.
As the medicine takes effect, Tali's eyes start to droop and her death grip on Ziva's hand becomes slackened. Then someone arrives to roll her away, they kiss her gently and tell her they'll see her in a minute, and she's gone.
Ziva sinks into a chair in the corner, suddenly absolutely exhausted.
She feels a hand on her cheek and glances up to find Tony looking at her with concern. "Are you alright, sweet cheeks?"
She can't lie, not to him, not now, so she shakes her head.
"Hey. She'll be back in a few minutes. This is just a test, remember?"
"I know. But… they put medicine in her IV and her hand just went so… limp. I did not like that feeling. It scared me."
Tony sighs, taking her hand to pull her to her feet and then tugging her into a hug. He rests his chin on the top of her head. "I didn't like it, either," he agrees. "You held it together for her until she was gone, though, and I know it helped. She thinks you're fearless."
Ziva lets out a breath of a laugh, pressing her face against Tony's shoulder and drawing comfort where it's offered. "She could not be more wrong."
"Ah, she doesn't need to know that," Tony replies comfortably. "Let her believe you're a superhero for a few more years. I haven't quite grown out of that one myself."
___________________
Tali is returned to them a few minutes later, and then begins a game of hurry-up-and-wait.
The little one dozes on and off on her bed while her mother whispers Hebrew bedtime stories that Tali's too out of it to grasp; talking helps Ziva, though, and she keeps going. Tony sits quietly on the other side of the bed, updating friends and family through text messages. The irony of this role-reversal isn't lost on either Tony or Ziva; the current crisis has drawn him into silence and her into chatter.
After forty-five minutes, the doctor comes back in. "We got the results of Tali's CT scan back," he tells them, and Tali's parents both sit up, alertly focused. "It looks like she has appendicitis. Now," he continues, seeing the alarmed looks Tony and Ziva are sending each other, "I know that sounds scary, and it's true that it does require surgery. It's very routine, though, and it's common. Our surgeons know what they're doing. Your daughter will be fine."
Tali is still too heavily medicated to pay much attention to the conversation, which is good.
"How long will it take?" Tony asks.
"It should be about an hour, maybe two. The surgeon will be able to answer your questions in more detail, though."
Tony and Ziva both have more things they want to ask, but after a rapid silent conversation between them, Ziva nods. "Thank you, doctor. We will wait to talk to the surgeon."
The doctor leaves, and Tony turns back to Tali, who's staring off into space. "Hey, Tali-Tee?"
"Yeah, Daddy?" she asks, smacking her lips sleepily.
"Did you hear what the doctor said?"
"Yeah," she confirms, but she doesn't elaborate.
"Did you understand what the doctor said?"
"Oh, um, no."
That draws a little smile to the worried father's face, and he runs his hands through Tali's hair, tender and concerned and, as always, absolutely full of affection for his tiniest girl. "They found out what's wrong with your tummy. You've got a little piece of you in there that's really mad right now, so another doctor is going to take that piece out so it doesn't hurt you. Does that make sense?"
"Why's it mad?" Tali asks, confused.
"It heard all of Abba's silly jokes and got angry because they were not funny," Ziva chips in. The attempt at levity is weak, but it brings a woozy smile to Tali's face.
"You wound me!" Tony complains, a hand clutching his chest, and Tali giggles.
"How do they take that piece out?" she asks once her laughter dies away.
"First, they give you a special medicine that makes you take a nap, yes?" Ziva explains, lightly tapping the IV with one finger. "While you are sleeping, they make a little tiny cut or two on your tummy and pull that angry piece right out. Then they put on some bandages and wake you up again!"
"I don't want any more needles," Tali complains, but the remnants of the sedative keep her from panicking about it.
"No, baby, no more needles. That's what the IV is for, so they don't have to stick you again."
"You promise?"
"We promise."
___________________
The staff lets Ziva and Tony walk with the gurney as they take Tali to the operating room, and they're grateful. Tali has been given more medications and isn't too bothered by the whole thing for now, but her parents are another story.
At the door to the surgical wing, they have to say goodbye.
"You can't come?" Tali asks, frowning and looking back and forth between her parents until she gets dizzy. "Are you sure?"
Tony jerks his head at one of the scrub-adorned nurses that's about to take the gurney away and shakes his head. "Aurélia here runs a tight ship, Tali-Tee. I think she'd fight us if we tried, and look at those muscles! She'd win!"
"Nobody wins against Ima," Tali contradicts, and Ziva grins.
"And do not forget it." She leans down and kisses Tali's head before switching to Hebrew. The rest is meant for Tali's ears only. "I love you more than anything in the world, my sweet girl," she whispers. "I will be waiting for you when you wake up. You will be fine. I cannot wait to see you again—we have been through bigger things before, yes? We always make it through, you and I. I love you," she repeats, then steps back so Tony can say goodbye, too.
Tony picks up one of Tali's curls between two fingers and drops it again, smiling at her fondly. "I don't speak any super fun languages to tell you secrets in, but don't let that fool you into thinking your mother loves you more," he jokes. "Just you wait, kid—before you know it, we'll be back to running around the apartment at full speed, knocking things off the walls and driving her nuts. Can't wait, baby. I love you lots. See you soon."
"I love you, too, Daddy, Ima," Tali replies, and then she's waving as the nurses roll her away.
Then it's just Tony and Ziva, and Ziva's smile slides right off her face. "We need to go to the waiting room so we will be ready when they come to update us," she says stonily, and turns to walk away without waiting for an answer.
Tony, who had been somewhat afraid of this sort of thing happening, follows her without comment. It's clear that she's been holding back in deference to Tali's own fear, and the fallout isn't going to be pretty once she acknowledges her emotions.
When they get to the waiting room, Tony picks a chair and sits, but Ziva doesn't join him. Instead, she starts to pace, up and down the short aisle of chairs—back and forth, back and forth, something twitchy in her movements. She's acting like a caged animal.
Suddenly, she stops, grabbing onto the back of a chair tightly with both hands and staring off into the distance. Her breathing grows shallow and uneven. "Ziva," Tony says quietly.
She doesn't respond.
This isn't the first anxiety attack she's had since reuniting with her family, but this is the first one she's had in public in the last few months. Tony really isn't sure how to react; he doesn't want to startle her, but he also doesn't want to let her panic indefinitely. Slowly, cautiously, he gets to his feet and stands in front of her. "Ziva, look at me. Please."
She does, but she clearly isn't seeing him. Dark, wide, and fearful, her eyes stare at something that's not there.
"Ziva." Tony gently takes one of her hands, and she jumps. Her eyes focus in on him, though, and she seems to remember where she is. Unfortunately, that does the opposite of calming her. All of the sudden, she's hyperventilating and trembling, her eyes clear but wild. "Hey. Ziva. Ziva, listen to me. Just listen, okay?"
She nods desperately, searching for something to hold onto.
"Tali is going to be fine. She's our daughter, remember? She's made of strong stuff. This is a really straightforward surgery, that's what the surgeon said—it's the single most commonly performed emergency surgery for kids."
"But— but I cannot—" As she tries to get the words out, tears start to escape her eyes, trailing down her face and dripping onto her shirt.
"Hey, take a deep breath and try again. Come on, love."
Ziva makes a conscious effort to follow his instructions. "I cannot lose her," she says, swallowing hard. "I have only had her back for—not even two months now, Tony. I cannot—I have lost too much. I would not survive losing Tali."
"You won't." This is firm, almost angry, daring the universe to argue. "We won't. Can you believe that for an hour? Just one hour. Then our girl will be out of surgery and waking up and this will all seem like a bad dream."
"One hour?" Ziva repeats.
"One hour," Tony confirms.
"I will… try."
"That's my girl." Not caring at all that they're in a waiting room full of strangers, Tony lightly drops his forehead to rest against Ziva's. "I'm proud of you," he whispers. "You and Tali both, you're tough as nails."
In response, she kisses him chastely, and then tucks her face against his neck. It's a comforting place to hide, warm and surrounded by someone who would follow her to the ends of the earth, someone who always, always has her back.
They stay there until someone comes to get them.
___________________
Tali is fast asleep when they're finally allowed back to see her, but it doesn't matter. She's breathing and her face is—for now—clear of any pain. She'll be back to normal in a few weeks.
Ziva cries again when they see her. This time, there's no panic attached, but… she's softer now than she used to be. She tries to let herself feel all of the reactions she tried to hide before, because her family deserves her emotional honesty. Something tells her that Tony gets it, because he gives her a warm, sympathetic smile and wraps his arm around her. He holds her until she's done crying.
This feels like the first real parenting test they've faced together, and it's an enormous relief to be on the other side of it.
Tali starts to snore, and they know that everything will be alright.
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rubisaurus98 · 4 years
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sasha .....
Operating in my narrative, which kinda still has canon in it. In its own, better way.
Headcanon A:  realistic
History wasn’t exactly one of Sasha’s best subjects, yeah, there’s canon text for that, but in the Academy, she could remember names of people and things they did, but she had trouble keeping straight where and when they were significant.
Headcanon B: while it may not be realistic it is hilarious
As of now, nobody knows that Sasha learned Ohbanaharan swears and curses on her own, and that she will use them while she’s popping off on someone, mixed in with Elgaian swears and curses. As soon as Yurika and Hansu find out, they’re gonna argue so much over who the fuck taught Sasha to swear like that.
Headcanon C: heart-crushing and awful, but fun to inflict on friends
So. You want a Sad Sasha Headcanon, do ya? Alright.
At the start of BF2, Sasha isn’t interacting with many people she’s usually connected with. She and Lugina still aren’t exactly on speaking terms after their big fight, even though Yurika and Hansu try their best to alleviate that tension. When they’re home, at least. Yurika still has her own job in the fashion and modeling industry, and Hansu’s a Demon Slayer who goes out on missions to other worlds. Alric ran away from home a year ago and didn’t tell anyone. She did have Marena, but then the Sparring Incident happened and now Marena will barely acknowledge her, as even looking at Sasha will bring back her own memories of the day, and it’s obvious that Marena hasn’t actually slept since then.
Actually, the last time Sasha and Lugina had an actual conversation pre-BF2 was at dinner the night she came home with her bloody-bandaged, frostbitten arm, demanding to know who hurt her. And on occasion, Sasha does get stronger flashbacks of the incident and wrestles with the thought of if she should even be forgiving Marena, even though she knows deep down that Mari didn’t mean to hurt her. It makes the wounds on her arm ache. So, for the past few months before BF2 starts, Roy is essentially her most constant companion.
Headcanon D: unrealistic, but I will disregard canon about it because I reject canon reality and substitute my own.
Is it still “unrealistic” if all you’re doing is smoothing out and patching up Alim’s shit writing? I mean, I don’t remember ever even seeing Lugina’s side of this issue, but because of his canon personality, it can be quickly written off as “It’s because it’s Lugina.” But anyway, onto the headcanon.
Sasha’s desire to earn Lugina’s approval as a Summoner IS NOT Solely something so Basic as “Lugina is a Big Mean Hardass Towards Everyone, Even His Own Family.”
No.
It came from their fight over Sasha pursuing a career as a Summoner. From Sasha’s point of view, Lugina’s “sudden” disapproval was a sign of a lack of faith; that he didn’t believe Sasha would be able to make it as a Summoner, much less one that would live up to his legacy. It was also a breaking of trust. If Lugina was only telling her now that he didn’t approve, then had he never approved all along? While this fight didn’t crush Sasha’s dreams, it did change her initial goal of just being a great Summoner just like Papa, to proving her strength to him, and proving him wrong.
But, in reality, while Lugina may be thought of as “blunt”, he stops short when it comes to his daughter. All the years of him inwardly wincing each time he heard her say she wanted to be just like him just came to a head during that fight. He’ll always be proud of her, of course, but he didn’t want to crush her, he really didn’t. But, as I’ve stated in previous headcanons, Lugina is deathly afraid of what could happen to Sasha should she pursue being a Summoner, as it is often regarded as “high risk, high reward” the more your name becomes known. But, unfortunately, things came out the wrong way, the fight happened, and you get Sasha during most of BF2.
Before the second-to-last chapter, as they do get a little bit of downtime, Lugina and Sasha finally sit down and have an honest talk about all this between them. Full disclosure. Sasha was quite surprised to hear that even Lugina had fears, and that his biggest one directly involved her. Lugina firmly tells her that he will always be proud of her, and that she can continue to grow into a strong Summoner. This would’ve happened earlier, but time, timing, and lack of availability got in the way.
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Text
Safe With Me - Matt x MC
Request from @madhatter9990 : Could you do a fanfic about her having a panic attack or something with Matt after being in a small space?
A/N: Sorry this took so long! I havent written for Matt in ages but here it finally is. Hope you like it. 
Word Count: 2600+
Warnings: Claustrophobia, panic attack, swearing 
Permanent tags: @chantelle-x0x , @choicessa, @meeraaverywalker , @drakewalkerwhipped , @quartzandarrow ,  @mfackenthal , @srawesleyghuewrites , @topsyturvy-dream , @enmchoices , @gardeningourmet @debramcg1106 , @alesana45 , @meladoridarcy, @blackcatkita , @tmarie82 , @annekebbphotography , @lizk77 , @jayjay879 , @tornbetween2loves , @akrenich , @theroyalweisme , @likethetailofacomet , @sleepwalkingelite , @littleblossom-18 , @ooo-barff-ooo
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‘Come on Samantha, you can do this.’ 
‘Its just two minutes in one little safe.’
‘You’ll be fine.’ 
 Samantha Evans stared at herself in the mirror of her trailer, attempting to psych herself up before she was due on set within the next five minutes. She’d landed the lead role on Tommy Phelps’ new spy thriller Double Agent and had been eager to prove herself after her breakout success on Tender Nothings a year earlier. But that had proved harder in practice than in theory. Tommy’s ideas were… volatile at best and it was getting increasingly difficult to keep up with the many rapid and often extreme changes he seemed to be making hourly. 
The latest one involved her character Mia Warren being shoved into a safe by Falcon and his henchmen which would then be hoisted up by a crane over a junkyard to be crushed by the compactor.  Before she’d make her great escape, Tommy had informed her that they’d need a few shots of her actually in the safe trying to break out before they’d cut to the scene of her breakout and edit the rest in post. After a few months of filming another Phelps blockbuster, Samantha had considered herself ready for anything until she received revised script this morning. When she’d read the description, her chest had immediately seized up at the stage directions and she’d had to fight to keep her breathing under control. 
Claustrophobia, fear of small spaces. 
 Ever since her cousin’s boyfriend had thought it was funny to shut her up in the trunk of their car during the fireworks at their community New Years party when she was barely ten years old, Samantha had been deathly afraid of being in any enclosed space for any period of time. The vivid memory of banging desperately on the metal roof of the trunk, screaming and sobbing at the top of her lungs for someone to get her out. The darkness was the worst, it had enclosed her on all sides, seeming to filter through her nostrils and invade her airways to where she could feel it filling up her lungs until she could barely breathe. When her dad had finally found her an hour after the fireworks had finished, she’s been reduced to a sobbing, shivering wreck and the phobia had taken a lifelong root in her. Even now, almost a decade and a half later, she still seized up a little when the elevator doors took a touch longer to open than she expected. 
 You are a grown woman Samantha, she told herself. Its just one small scene that will be over before you know it. No biggie. You can do this.
‘Miss Evans we need you on set in five.’
This was it. She could do this. It was only for two minutes, Tommy had assured her and she’d reluctantly agreed. Throwing one last glance at her reflection in the mirror, clad in a skintight black catsuit, Samantha reluctantly exited the trailer, against her better judgement. 
-
Tommy and his assistant were already waiting when she arrived. 
‘Samantha, baby! There’s our shining star!’ He bellowed across the wide set. ‘You ready for some boom, boom today?’ 
She have him a weak nod, taking in the vast warehouse they’d been using for a set, set up perfectly by the prop department to resemble a realistic junkyard. When her eyes landed on the crane and the safe sitting below it, her stomach flipped. 
 I didn’t realise it was that small. 
‘Samantha babe, you with us?’ Tommy’s voice brought her back to the present before her fear could take root. 
 ‘Mon dieu, concentrate will you?’ Apricot sneered from the side as she walked up with Matt, the pair of them dressed in their costumes. 
Matt gave her a reassuring smile and Samantha returned it half-heartedly. As they listened to Tommy’s rundown of the scene, she couldn’t stop the feeling of dread from building behind her sternum. When Matt and Apricot moved off with the B-team to film their scene, Tommy turned to her a brilliant smile on his face.
‘Alright sweet cheeks let get you in that safe and get this baby on the roll for the boom, boom!’ 
Samantha didn’t want to do this, she really didn’t but she balled her fists and gritted her teeth, forcing herself to appear calm even if she was already kicking and screaming on the inside. She forcefully reminded herself that this was her first big movie. While Tender Nothings struck the Hollywood lottery with its success, that wouldn’t last forever and to maintain her career she needed to do something that would showcase her range. Small town girls like you don’t always get the opportunities you got, Sam. 
 She was lucky really to have the starring role in a Tommy Phelps blockbuster, hundred of young aspiring actresses would have killed to be in her place while here she was chickening out because of some stupid incident that happened over ten years ago. If Tommy wasn’t impressed, she risked getting dropped from the movie and the next girl in line would only be too happy to take her place. Try as she may, Samantha could not shake the feeling of dread off her as she attempted to listen attentively to Nate the stunt coordinator who was explaining how the mechanics worked. 
 ‘We’ve got a camera on the inside so we’ll be able to see you but just in case we’ve installed a failsafe button in the bottom right corner on the floor. After you’ve gone through your movements, pretending to kicking that door down, hit that and it will bust the door open. We’ll film you rolling out of the safe next but for now just focus on the inner work. Any questions?’ 
Only about one hundred. 
Samantha shook her head, unable to voice any even if she tried. The stun man nodded and motioned towards where the safe was and she stared at the door for a moment. 
 I can do this… right?
She glanced over her shoulder to find receive a confused wave from Chadley and an enthusiastic gesture from Tommy, urging her to climb in. Balling her fists in determination, she swallowed thickly and allowed the crew to help her inside, contorting her body to wedge herself inside the small space. Every cell shrieked at her to stop, but she shoved the feelings down allowed them to close the safe door. As it swung shut with deafening finality, she tried not to think of the way the sunlight gave way to the unending darkness that immediately surrounded her. 
Samantha couldn’t help but flinch as a loud creak rang out, the sound of the safe being lifted in the air and she fought to steady her breathing, bracing her hands on the sides of the safe as it rocked dizzyingly in the air. She shut her eyes tight and fought to steady her breathing. When it reached the required height, Tommy’s oily voice crackled through the earpiece she was wearing.
‘Showtime babe. Gimme your best GRR face.’ 
Summoning every inch of courage she had,Samantha attempted to pull herself into the character of super spy, feeling the sweat beginning to drip down her back. ‘Falcon!’ She yelled angrily, hoping her voice didn’t wobble too much. ‘You son of a bitch! Let me out.’ 
She waited the correct amount of time to visualise Matt’s response before yelling again. 
 ‘You’re not getting away with this. I’m going to bring you down even if it kills me!’ 
 At that she aimed a few well placed kicks at the sides of the safe, feigning the struggle to get out. The motion made it swing wildly in the air and Samantha was barely able to keep her stomach under control. When the sequence came to the end, she was more than happy to punch the little button on the floor like the stunt man had instructed, only hoping her relief wouldn’t have ruined the shot. 
For a horribly long nothing happened and her brow furrowed. 
 That doesn’t seem right.. 
Her fingers found the button and she gave it a hard push for good measure, thinking perhaps that would do the trick. 
 Still nothing. 
 Panic began to seep through Samantha as she pressed the button repeatedly in her desperation. 
‘I’m stuck,’ she choked out, hand flying to the ear piece on the left side of her head. ‘I’m stuck. Tommy I’m stuck.’ 
‘Calm down doll,’ Tommy’s voice filtered through, sounding nonplussed at her obvious panic. ‘You’re fine. Just a little technical difficulty. We’re gonna lower you down and the stunt team will get you out in a sec.’ 
Despite his abysmal attempt at reassuring her, Samantha felt her heart rate increase and her chest began to rise and fall at an alarming rate. She knew it was just all in her head but repeating that out loud had no effect on the rising wave of panic in her chest. The walls seemed to close around her, solid and unforgiving, the darkness invading her senses until it paralysed her. She squeezed her eyes shut in an attempt to calm herself down but the frenzy had already escalated to irreversible levels. It was like  she was ten years old again, back in the trunk of the car, pounding on the metal until her knuckled bled, screaming until her throat was raw for someone to get her out. 
 'Get me out. I need to get out, somebody help me!’ Samantha hadn’t realised she was voicing this out loud, limbs flailing inside the until Tommy’s voice crackled over the ear piece. 
‘Geez babe, no need to go all godzilla on us. Nate’s getting you out now.’ His condescending tone relieved her panic for a fleeting moment as the sound of the key at the safe door rattled through her overloaded senses. 
 Get me out, get me out, get me out. How long does it take to open a goddamn safe? 
 ‘Shit its stuck! Jimmy go get someone from the prop department. The fucking lock's jammed.’ 
His words made the blood froze in her veins. It was stuck. She was stuck. This was how she’d die. In a tiny box surrounded by nothing but cold blackness. The air seemed to thicken uncomfortably, taking each breath required a major effort as it felt like her chest was constructing in on itself. Hot tears ran down her face, as she sobbed out a loud howl, giving way to a full blown wail. She could hear shouts from the other side of the door. People rushing about, jimmying the lock, shouting directions to each other before one voice rang out above the rest, penetrating through the frenzy holding her captive.
‘Samantha! Sam can you hear me?’ ‘Matt,’ she sobbed weakly. 
‘Matt, help me. Please..’ 
‘I’m coming baby. I’m coming. I’ll get you out of there now I promise.’ His voice though strained had a peculiarly calming effect on her and her chest seemed to ease just the slightest. Matt would get her out. He wouldn’t let her down. She squeezed her eyes shut again, flinching as she heard a loud bang on the safe door. 
‘Careful Rodriguez!’ She could hear Tommy hissing. ‘That’s Montmarte property!’ 
'Fuck off Tommy. I’m getting her out now. Montmarte be dammned.’ Matt growled back angrily. 
 A few thunderous clangs later and the tiny door was wrenched open. Samantha instinctively crawled to the light as it seared her eyeballs, limbs shaking, barely able to hold herself up but she needed to get of of here. Strong arms reached in, grabbing and pulling her out of the tiny space. ‘It’s okay. I’ve got you Sam. I’ve got you.’ Matt soothed, supporting her limp body she sobbed. 'You’re safe baby, you’re okay.’
‘Matt,’ she croaked hoarsely, clutching onto him as if her life depended on it, still fighting for breath. ‘Matt I…I was so scared..’ 
From somewhere off the side, Apricot started to make an off handed comment in French but a look from Matt silenced her. 
 ‘I know.. but you’re okay now. You’re okay.’ His hands rubbed soft circles on her back, as he began to steer her back to where their trailers were, the gathered crew members parting before them. ‘You’re safe with me.’ 
Matt lead her not to her trailer but his and after settling her on the plush couch with a blanket, he made her a hot cup of tea in the kitchenette. She’d barely taken the first sip when someone rapped at the door. 
 ‘Sammie baby you finished in there? Daylights burning and we need to get a move on with Take Two over here,’ Tommy’s voice filtered through from the other side. 
 Samantha's eyes widened. In her panic she’d totally forgotten they were still filming. The thought of going back in that safe almost made her throw up but Tommy knocked again, his tone irritated. 
 ’Evans quit playing around. We haven’t got all day you know.’ 
 She took a deep breath and made to get up before Matt stopped her. ’Sam, you’re in no position to position to get back in there. You’ve barely stopped shivering.’ 
‘I know but-‘ 
‘But nothing,’ he replied firmly, his voice brooking no argument and before she could speak, he’d walked over to the door and pulled it open. 
 ‘Matty my dude, ready to-‘ 
‘We’re done shooting for today Tommy,’ he retorted in that same firm tone. ‘Unless you want the studio execs to hear about how you placed an actress’ life in danger by not checking the safety mechanism on the props.’ 
Samantha had barely time to hear the director’s response when Matt shut the door pointedly behind him and turned to her. 
 ‘How are you feeling?’ 
‘Much better… But aren’t we going to mess up the filming schedule? Tommy’s already on a tight budget and if they find out I delayed it-‘ 
‘Then I’ll take a blame for it,’ he replied smoothly, coming to sit next to her. His eyes scanned her concernedly, glancing over her form for any injuries. ‘No scene is worth causing trauma for.’ 
 Samantha felt tears prick the back of her eyes as she gazed into his handsome face, beginning to smile a little. She wasn’t actually sure where the both of them stood — they’d never talked about it, preferring to just let it play out naturally — but she was glad to have someone in her corner she could count on. Feeling a spurt of courage, she leaned across and kissed him softly on the lips. Matt reciprocated eagerly, drawing her in close, hands winding around her waist as her hand came up to cup his cheek affectionately. 
 ’Thank you.’ Her voice was a whisper but it held all her emotion in it. 
 ‘It was nothing.’ 
 ‘No its not,’ she replied, scooting closer to him. ‘You were the only one who realised this was a big deal for me and you got me out. You did got me out. I don’t know how I got so lucky to have someone like you in my corner.’ 
‘Samantha you’ve always had me,’ Matt replied, taking her hand and kissing her knuckles. ‘You’re an amazing woman. I should be the one considering themselves lucky.’ 
A soft smile curved across her face. ‘How about we call it a draw?’ 
‘I can live with that.��� He punctuated the statement with another kiss. 
 They spent the rest of the day cuddled on the couch in his trailer, watching old reruns of Frasier, just enjoying each other’s company. Samantha would occasionally tilt her head up from where it was rested on his chest and they’d share an affectionate glance before Matt would pull her in closer, reminding her that no matter what happened, she’d always be safe with him.
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emeraldspiral · 6 years
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So when I finally read books 5-7 a couple of years ago I was rather disappointed to find that “Ginny was better in the books” was a hollow lie. Yeah, Rowling tells us that she’s funny and smart and she and Harry spent more time together over the summer and had some nice dates together under the tree by the lake, but we don’t actually see any of that, so ultimately she’s just as much of a bland background character in the books as she was in the films.
I get the impression that maybe the reason Rowling employed so much telling instead of showing was that she maybe didn’t know how to write scenes that develop Harry and Ginny’s relationship but also advance the story. In fact, I can see why she’d be afraid to even try after doing such a bad job of it in book 5. Like, Harry and Cho’s scenes together brought everything to a screeching halt and their aborted romance added nothing to the overall story. Harry doesn’t mature and learn to be more sensitive and understanding of Cho’s grieving process, she doesn’t help him cope with his trauma or make him realize that he hasn’t been dealing with it in a healthy way, he doesn’t gain any new insight on how to talk to girls or act in a relationship or what he wants from a girl or a relationship, and the failure of the relationship doesn’t make him realize his feelings for Ginny or make him afraid to try again so she can help him overcome his fear. It’s completely pointless.
But I think there were plenty of opportunities where Harry and Ginny’s romance could’ve been integrated organically into the story, especially if it had started earlier, which I don’t see why it didn’t given that Rowling seems to have wanted Hermione/Ron and Harry/Ginny to be the endgame couples from the beginning.
What I would’ve done is after book 2 have Ron and Ginny’s other brothers feel kind of protective of her after she almost died and remorseful they didn’t know what was going on with her because they weren’t paying attention, so they try be more inclusive to make up for it. Fred and George give the Maurader’s Map to her instead of Harry. Ginny likes the idea of having some alone time with Harry, but feels bad that he’s missing out on Hogsmede and knows he wants to be with his friends, so she loans him the map. Harry promises to give it back, but it ends up getting confiscated by Lupin right after he gets back and Snape catches him. Harry sheepishly apologizes and promises to try and convince Lupin to give it back at some point. At the end of the year, Lupin does give it back and Harry tries to return it to Ginny, but Ginny tells him to keep it.
In book four, I’d add a scene or two of Ginny talking to Harry after he and Ron stop talking to each other. She lets him know that she’s on his side and has tried talking some sense into her brother. Harry still misses Ron and finds Hermione kind of grating by herself, but appreciates having Ginny to talk to and spend time with him playing wizard chess or something else he and Ron used to do together. When Harry and Ron make up and start hanging out again, Ginny starts to feel left out, especially since the trio won’t let her in on stuff like their meetings with Sirius. She holds out hope that Harry will ask her to the Yule ball and is crushed when she finds out he was going to ask Cho. Even though she knew he had no chance because Cho had a boyfriend, she still accepts an invite from Neville because she doesn’t want to be Harry’s backup again. At the end of the year though, she gives Harry a hug, tells him she’s sorry for everything he’s been through, and lets him know she’ll always be there for him if there’s ever anything he needs to talk about. Harry apologizes for neglecting her and lets her know he appreciates the support she’s already given him and promises that he, Ron, and Hermione will start telling her everything from then on.
In book five, I'd just have Ginny be more involved in the events that happen throughout the year. I’d have her and Hermione come up with the idea for the DA together and I’d have her be the one to tell Harry to meet her in the shrieking shack after his date with Cho, instigating Cho’s jealousy. I’d have her be present in a lot of the scenes with Ron and Hermione, trying to get him to deal with his grief and stop snapping at everyone. I’d have her try to explain girls to Harry when he complains about Cho, instead of Hermione. I’d have her be involved in the distraction set up to help Harry break into Umbridge’s office so he could speak to Sirius. By the end of the book, Harry would already start showing signs of being attracted to her. He would notice her more and she’d be on his mind more often. He would feel more secure with her at his side for the Ministry mission, but also concerned for her safety. He’d be in awe of some of the badass moves she pulls. She’d save him from a few close calls and he’d save her.
With the last few books setting up a nice foundation, Harry pining over Ginny and being jealous when she gets a boyfriend would no longer come out of nowhere. Because Harry would now be used to her presence alongside Ron and Hermione, her absence due to her relationship with Dean would feel more noticeable to him. He would long for her company, especially when Ron and Hermione’s constant bickering starts to grate on his nerves. At some point, he manages to score some alone time with Ginny to express his fears about the group falling apart if Ron and Hermione were to finally admit their feelings and start dating, but then break-up. Instead of just telling us that Ginny was good at quidditch and the life and soul of the team, I’d actually write out scenes of team practices and meetings. I’d make her part of the discussions about Ron and how to deal with his performance anxiety and maybe make her a beater instead of a chaser so her job on the field would be protecting Harry instead of scoring points, which would mean more coordination with him, demonstrating how in-sync the two of them are. Then, when Harry is forced to serve detention on the day of the final match, Harry spends every extra moment he has helping Ginny practice to replace him as seeker. This would add more weight, I think, to when they kiss after she wins the big match, because we’d get a greater sense of how passionate they both are for the sport and how they bonded over it, explaining why that would feel like a particularly romantic moment to them.
In book seven, I’d have Harry have an honest discussion with Ginny about his plans. He still can’t tell her about the deathly hallows, the whole point of keeping it just between him, Ron, and Hermione was so Voldemort wouldn’t catch on to their mission if he or his followers were to interrogate his friends and allies. But Harry does get to say goodbye to her and part on good terms after finally returning the Maurader’s map, since he would have no use for it outside the school, and she could use it for things like the attempted heist of the Sword of Griffindor, or restarting the DA. Harry pines for Ginny all the while he, Ron, and Hermione are on their mission. He is relieved and elated when he finally sees her again at Hogwarts and proud of her for stepping up as the organizer of the DA in his absence. Also, maybe something’s different about her. Like, maybe she’s gotten a haircut or changed the way she dresses or has scars from being punished by the death eaters for her defiance. Before the final battle, they have some time to catch up. He tells her how he missed her and worried for her constantly, she tells him what she’s been up to and how she felt whenever she heard news of stuff like the ministry break in, the bank heist, and the incident at Malfoy manor. Harry and Ginny declare their love and have a big kiss just before the battle starts.
And there you have it, natural relationship development that’s actually integrated into the story and shown, rather than told.
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earthshakers1 · 5 years
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30 Lessons Drawn from the Miracles of Jesus - #7
#7. God is never early or late. He is always right on time. - God’s Modus Operandi
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Photo by Djim Loic on Unsplash Action item: Please read the story in each section (or at least, be familiar with it), before you read the discussion under it. First of all, no one can claim to have a complete understanding of God's mode of operation. Having said that, this miracle lesson will only seek to provide some insight into God’s MO. And, hopefully, after you’re done reading, you will begin to understand why some of your prayers seem like they have not been answered. Our topic of discussion has it that God is never early or late. Now, let us define the terms, ‘early’ and ‘late,’ in the context implied here. Let me define what I mean by 'early' and 'late.' When something is done early, it is done before the time it should have been done. And when something is done late, it is done after the time it should have been done. God does not operate that way. You see, God does not keep or measure time the way we do. He will not arrive to your aid earlier or later than He intended to. The Bible tells us that with God, one day equals one thousand years, and one thousand years equals one day (2 Peter 3:8). Confusing, huh? That simply drives home the point: God's way of time measurement is not linear (that is, progressing from one stage to another), but rather non-sequential (that is, not following an obvious sequence). No one can claim to have a complete understanding of God's mode of operation; He is God, after all. However, there are numerous examples from Scripture designed by God to give us some insight into this very knowledge. And today's miracle lesson will focus on those miracles of Jesus from which we can glean this vital life lesson. The Healing of Jairus' Daughter (Mark 5:21-43) Here, we have Jesus knowing fully well that by the time He got to Jairus' house, his daughter would have died, still He took His time in the crowd, looking around, searching for the one woman whose condition was past a life-threatening stage. I mean, this woman was already healed, so she was far from being in danger of dying. Jesus couldn't find her, yet He was unwilling to continue on His journey until the woman came forward, frightened and trembling (Mark 5:32-33). He took His time to minister to this one, poor, lonely soul; never in a hurry to win one more soul over to the Kingdom. Her physical affliction was over, but her spiritual condition needed a revival. He spoke kindly to her, not like her physicians used to, but like she remembered her father used to (Mark 5:34). All this He took His time doing, knowing that the messenger who had been dispatched from the synagogue ruler's house with the sad news was already in the throng, trying to make his way to his master. Or, perhaps the messenger had arrived even before the incident with the woman, and was among those who denied touching Him (Luke 8:45). He was probably wrapped up in fascination at the way Jesus spoke tenderly to the woman, and briefly entertained the thought of becoming a student of Jesus, for he referred to Jesus as 'Teacher,' and not, 'Master,' or 'Lord' (Mark 5:35; Luke 8:49). Anyway, that was just a side dish, let's continue on to the main course. 😋 Don't get this wrong, it wasn't that Jesus was so cruel and insensitive as to allow the family of Jairus to first go through the pain of losing a daughter and a sister, just so He could show off His power over death. Nah! Rather, Jesus had a more pressing need of having a personal encounter with a lost soul. Here, we see how God prioritizes having a personal encounter/relationship with Him over receiving healing from Him. The woman had been healed even without meeting Jesus on a personal level. But Jesus knew that she needed something even more important than the healing she sought - a personal introduction to His gentle and Fatherly personality, and a hope of a new relationship with Him. Note that He told her to go, but there are a few places in Scripture which suggest that Jesus might have only been testing to see whether she would go or stay and become His disciple (Matthew 19:21-22; Luke 24:28-29). The interruption from Jairus' messenger probably caught the fancy of the writers of the Gospels that they did not specifically tell us what became of that woman in particular. Or, Luke probably did not bother including it in his Gospel account, since he had already earlier mentioned, in the beginning of the chapter, that among the women who followed Jesus were those whom He had cured of evil spirits and diseases (Luke 8:1-2). You see, as sons and daughters of the Most High, we must endeavour to be led by the Spirit of God at all times. We must always bear in mind that God is never early or late. He leads us to do things at the right timing, according to His time, and not what we perceive the right time should be. Had Jesus hurried past the woman with the issue of blood, and not stopped to attend to her so that others could hear about her sufferings at the hands of physicians, and minister to her, He would have lost an important opportunity in God's timeline. The woman would have been healed, but been too afraid to testify to how her healing came about so that others in a similar condition could hear or read about it across all ages and times, and be encouraged to have faith in God. God already approved the resurrection of Jairus' daughter, regardless of how fast or how long it took Jesus to get there. If Jesus had by-passed the woman, he would have reached Jairus' house early enough to heal his daughter, but would have missed the better miracle - raising her from the dead; one which drew more followers to God. When we are in tandem with the Holy Ghost, having Him in front and full view of us at all times, then we will never have a late or early miracle, which can be disastrous, either way. The Raising of Lazarus from the Dead (John 11:1-45) Here is another account where it seemed at first that the Lord Jesus had arrived late. Martha and Mary, the sisters of Lazarus, had first sent a message to Jesus to come to his aid while he was still alive but deathly sick - John 11:3. It appeared as though Jesus stalled (John 11:6); however, He was waiting to be led by the Spirit of God to go. It must have been the same Spirit who revealed to Him that Lazarus was dead, as no further news was sent to Him by Lazarus' sisters, yet He knew that Lazarus was gone - John 11:14. When Jesus arrived, Martha and Mary reacted the natural way for humans to react when all hope is lost; they thought that He was late - too late. Each of them said to Jesus, "Lord, if only You had been here, my brother would not have died." These were people who strongly believed in the power of God to heal through Christ. They were what we would consider staunch Christians are today - trusting completely, hoping continually, yielding unreservedly. Martha even said, "But even now I know that God will give You whatever You ask Him.” She was hoping that Jesus would ask the Father to grant her brother, Lazarus, "resurrection at the last day" (John 11:24). She did not expect what happened next - John 11:43-44 . We must endeavour to throw our all into this "faith thing," withholding nothing, trusting completely, hoping continually, yielding unreservedly. We may not know the perfect will of God concerning every single circumstance we encounter in life., still, one thing we must not do is stop praying for healing whenever we or our loved ones fall sick. It may be the will of God at that moment to call us (or them) home, yet, that is not for us to decide or try to determine. When Jesus' disciples once asked Him something regarding God's timing, He responded by saying, “You don’t get to know the time. Timing is the Father’s business. What you’ll get is the Holy Spirit. And when the Holy Spirit comes on you, you will be able to be my witnesses in Jerusalem, all over Judea and Samaria, even to the ends of the world” - Acts 1:7-8. When we become completely yielded to the Holy Spirit, by the things we do and by our devotion to Him, we would be amazed the great good and witnessing He can accomplish through our healing, death, or even physical resurrection of us or our loved ones. In the end, let us be able to say like Jesus, "Father, I thank You that You have heard Me" (John 11:41); like Job, "Though he slay me, yet will I trust in him: I will maintain my own ways before Him" (JOB 13:15, KJV); like Jeremiah, "It is good that one should both hope and quietly wait for the salvation (deliverance) of the LORD" (Lamentations 3:26). May the peace of God, which surpasses human understanding, keep our hearts and minds until the Day of our Lord Jesus Christ. Amen! Do you hear God speaking to you today through this lesson? Please, leave a comment or question; your comment/question might be a blessing to someone. You could also contact us through our contact page. Go to lessons: Intro #1 #2 #3 #4 #5 #6 Read the full article
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maynardlewis · 4 years
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marymosley · 6 years
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Spooky Torts: The 2018 List Of Halloween Litigation Horrors
Here is our annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.  This year’s addition is a real dozzy.
So, with no further ado, here is this year’s updated list of actual cases related to Halloween.
This year’s notable Halloween accident occurred in Madison, Tennessee at the Nashville Nightmare Haunted House.   James “Jay” Yochim and three of his pals went to the attraction composed of  four separate haunted houses, an escape room, carnival games and food vendors.  In the attraction, people are chased by characters with chainsaws and other weapons.  They were not surprised therefore when a man believed to be an employee in a Halloween costume handed Tawnya Greenfield a knife and told her to stab Yochim.  She did and thought it was all pretend until blood started to pour from Yochim’s arm. The knife was real and the man was heard apologizing “I didn’t know my knife was that sharp.”
It is not clear how even stabbing with a dull knife would be considered safe.
The attraction issued a statement:
“As we have continued to review the information, we believe that an employee was involved in some way, and he has been placed on leave until we can determine his involvement. We are going over all of our safety protocols with all of our staff again, as the safety and security of all of our patrons is always our main concern. We have not been contacted by the police, but we will cooperate fully with any official investigation.”
The next scary moment is likely to be in the form of a torts complaint.  Negligence against the company under respondeat superior is an obvious start. There is also a novel battery charge where he could claim that he was stabbed by trickery or deceit of a third person. There are also premises liability issues for invitees.  As for Greenfield, she claims to have lacked consent due to a misrepresentation.  She could be charged with negligence or a recklessness-based theory of battery, though that seems less likely.
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Last year, a 21-year-old man surnamed Cheung was killed by a moving coffin in a haunted house in Hong Kong’s Ocean Park.   The attraction is called “Buried Alive” and involves hopping into coffins for a downward slide into a dark and scary space. The ride promises to provide people with the “experience being buried alive alone, before fighting their way out of their dark and eerie grave.” Cheung took a wrong turn and went backstage — only to be hit by one of the metal coffins.  The hit in the head killed Cheung who was found later in the haunted house.
While there is no word of a tort lawsuit (and tort actions are rarer in Hong Kong), the case is typical of Halloween torts involving haunted houses.  The decor often emphasizes spooky and dark environs which both encourage terror and torts among the participants.  In this case, an obvious claim could be made that it is is negligence to allow such easy access to the operational area of the coffin ride — particularly in a dark space.  As a business invitee, Cheung would have a strong case in the United States.
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A previous addition to the Spooky torts was the odd case of Assistant Prosecutor Chris White. White clearly does not like spiders, even fake ones. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. White pulled a gun and threatened to shoot the fake spiders, explaining that he is “deathly afraid of spiders.” It appears that his arachnophobia (fear of spiders) was not matched by a hoplophobia (fear of firearms).
The other employees were reportedly shaken up and Logan County Prosecuting Attorney John Bennett later suspended White. Bennett said “He said they had spiders everyplace and he said he told them it wasn’t funny, and he couldn’t stand them, and he did indeed get a gun out. It had no clip in it, of course they wouldn’t know that, I wouldn’t either if I looked at it, to tell you the truth.” It is not clear how White thought threatening the decorative spiders would keep them at bay or whether he was trying to deter those who sought to deck out the office in a Halloween theme. He was not charged by his colleagues with a crime but was suspended for his conduct.
This is not our first interaction with White. He was the prosecutor in the controversial (and in my view groundless) prosecution of Jared Marcum, who was arrested after wearing a NRA tee shirt to school.
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Another new case from the last year involves a murder. Donnie Cochenour Jr., 27, got a seasonal break (at least temporarily) on detecting his alleged murder of Rebecca J. Cade, 31. Cade’s body was left hanging on a fence and was mistaken by neighbors as a Halloween decoration. The “decoration” was found by a man walking his dog and reported by construction workers. A large rock was found with blood on it nearby. Donnie Cochenour Jr., 27, was later arrested and ordered held on $2 million bond after he pleaded not guilty to murder.
Cade apparently knew Cochenour since he was a child — a relationship going back 20 years. Cochenour reportedly admitted that he he had had a physical altercation in the field. Police found a blood trail that indicates that Cade was running from Cochenour and tried to climb the fence in an attempt to get away. She was found hanging from her sleeve and is believed to have died on the fence from blunt force trauma to the head and neck. Her body exhibited “defensive wounds.”
When police arrested Cochenour, they found blood on is clothing. _______________________________________________
In 2015, the federal and state governments are cracking down on cosmetic contact lenses to give people spooky eyes. Owners and operators of 10 Southern California businesses were criminally charged in federal court with illegally selling cosmetic contact lenses without prescriptions. Some of the products that were purchased in connection with this investigation were contaminated with dangerous pathogens that can cause eye injury, blindness and loss of the eye. The products are likely to result in a slew of product liability actions.
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Another 2015 case reflects that the scariest part of shopping for Halloween costumes or decorations may be the trip to the Party Store. Shanisha L. Saulsberry sued U.S. Toy Company, Inc. after she was injured shopping for Halloween costumes and a store rack fell on her. The jury awarded Saulsberry $7,216.00 for economic damages. She appealed the damages after evidence of her injuries were kept out of the trial by the court. However, the Missouri appellate court affirmed the ruling.
_________________________________________ The case of Castiglione v. James F. Q., 115 A.D.3d 696, shows a classic Halloween tort. The lawsuit alleged that, on Halloween 2007, the defendant’s son threw an egg which hit the plaintiff’s daughter in the eye, causing her injuries. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, at his deposition, the defendant’s son denied throwing the egg which allegedly struck the plaintiff’s daughter.
Because of the age of the accused, the case turned on the youthful offender statute (CPL art 720) provides special measures for persons found to be youthful offenders which provides “Except where specifically required or permitted by statute or upon specific authorization of the court, all official records and papers, whether on file with the court, a police agency or the division of criminal justice services, relating to a case involving a youth who has been adjudicated a youthful offender, are confidential and may not be made available to any person or public or private agency [with certain exceptions not relevant here]” (CPL 720.35 [2]). This covers both the physical documents constituting the official record the information contained within those documents. Thus, in relation to the Halloween egging, the boy was protected from having to disclose information or answer questions regarding the facts underlying the adjudication _____________________________
We discussed the perils of pranks and “jump frights,” particularly with people who do not necessarily consent. In the case of Christian Faith Benge, there appears to have been consent in visiting a haunted house. The sophomore from New Miami High School in Ohio died from a prior medical condition at the at Land of Illusion haunted house. She was halfway through the house with about 100 friends and family members when she collapsed. She had an enlarged heart four times its normal size. She also was born with congenital diaphragmatic hernia, which prevents the lungs from developing normally. This added stress to the heart. In such a case, consent and comparative negligence issues effectively bar recovery in most cases. It is a terrible loss of a wonderful young lady. However, some fatalities do not always come with liability and this appears such a case. Source: Journal News
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As discussed earlier, In Franklin County, Tennessee, children may want to avoid the house of Dale Bryant Farris, 65, this Halloween . . . or houses near him. Bryant was arrested after shooting a 15-year-old boy who was with kids toilet-papering their principal’s front yard. Bryant came out of his house a couple of houses down from the home of Principal Ken Bishop and allegedly fired at least two blasts — one hitting a 15-year-old boy in the right foot, inner left knee, right palm, right thigh and right side of his torso above the waistline.
Tennessee is a Castle Doctrine state and we have seen past cases like the notorious Tom Horn case in Texas where homeowners claimed the right to shoot intruders on the property of their neighbors. It is not clear if Bryant will argue that he was trying to stop intruders under the law, but it does not appear a good fit with the purpose or language of the law. Farris faces a charge of aggravated assault and another of reckless endangerment. He could also face civil liability from the boy’s family. This would include assault and battery. There is a privilege of both self-defense and defense of others. This privilege included reasonable mistaken self-defense or defense of others. This would not fit such a claim since he effectively pursued the boys by going to a neighbor’s property and there was no appearance of a threat or weapon since they were only armed with toilet paper.
The good news is that Farris can now discard the need for a costume. He can go as himself at Halloween . . . as soon as he is out of jail. _____________________________________________________ As shown below, Halloween nooses have a bad record at parties. In 2012, a club called Pink Punters had a decorative noose that it had used for a number of years that allowed party goers to take pictures as a hanging victim on Halloween. Of course, you guessed it. A 25-year old man was found hanging from the noose in an accidental self-lynching at the nightclub in England.
The case would appear easy to defend in light of the assumption of the risk and patent danger. The noose did not actually tighten around necks. Moreover, this is England where tort claims can be more challenging. In the United States, however, there would remain the question of a foreseeable accident in light of the fact that patrons are drinking heavily and drugs are often present at nightclubs. Since patrons are known to put their heads in the noose, the combination is intoxication and a noose is not a particularly good mix.
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Grant v. Grant.
A potential criminal and tort case comes to us from Pennsylvania where, at a family Halloween bonfire, Janet Grant spotted a skunk and told her son Thomas Grant to fetch a shotgun and shoot it. When he returned, Janet Grant shined a flashlight on the animal while her son shot it. It was only then that they discovered that Thomas Grant had just shot his eight-year-old cousin in her black and white Halloween costume. What is amazing is that authorities say that they are considering possible animal gaming charges.
Fortunately, the little girl survived with a wound to the shoulder and abdomen.
The police in Beaver County have not brought charges and alcohol does not appear to have been a factor.
Putting aside the family connection (which presumably makes the likelihood of a lawsuit unlikely), there is a basis for both battery and negligence in such a wounding. With children in the area, the discharge of the firearm would seem pretty unreasonable even with the effort to illuminate “the animal.” Moreover, this would have to have been a pretty large skunk to be the size of an eight-year-old child.
Just for the record, the average weight of a standard spotted skunk in that area is a little over 1 pound. The biggest skunk is a hog-nosed skunk that can reach up to 18 pounds.
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We also have a potential duel case out of Aiken, South Carolina from one year ago. A 10-year-old Aiken trick-or-treater pulled a gun on a woman who joked that she wanted take his candy on Halloween. Police found that his brother, also ten, had his own weapon.
The 28-year-old woman said that she merely joked with a group of 10 or so kids that she wanted their candy when the ten-year-old pulled out a 9 mm handgun and said “no you’re not.” While the magazine was not in the gun, he had a fully loaded magazine in his possession. His brother had the second gun. Both appear to have belonged to their grandfather.
The children were released to their parents and surprisingly there is no mention of charges against the grandfather. While the guns appear to have been taken without his permission, it shows great negligence in the handling and storage of the guns.
What would be interesting is a torts lawsuit by the woman for assault against the grandfather. The actions of third parties often cut off liability as a matter of proximate causation, though courts have held that you can be liable for creating circumstances where crimes or intentional torts are foreseeable. For example, a landlord was held liable in for crimes committed in his building in Kline v. 1500 Massachusetts Avenue. Here the grandfather’s negligence led to the use of the guns by these children. While a lawsuit is unlikely, it would certainly be an interesting — and not unwarranted — claim. Smith v. Taunton High School
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Tauton High School District
I am still trying to get the correct name of this lawsuit filed last year, but it involves a Halloween prank gone bad in Massachusetts. A teacher at Taunton High School asked a 15-year-old student to answer a knock on the classroom door. When the boy was startled when he came face to face with a man in a mask and carrying what appeared to be a running chainsaw. The student fell back, tripped and fractured a kneecap. His family is now suing though the state cap on such lawsuits is $100,000.
Dussault said the family is preparing a lawsuit, but is exploring ways to avoid a trial and do better than the $100,000 cap when suing city employees. This could make for an interesting case, but would be better for the Plaintiffs as a bench versus a jury trial. Many jurors are likely to view this as simply an attempt at good fun by the teacher and an unforeseeable accident.
Source: CBS
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In Florida, a woman has sued for defamation, harassment and emotional distress after her neighbor set up decorations that included an insane asylum sign that pointed to her yard and a fake tombstone with an inscription she viewed as a reference to her single status. It read, “At 48 she had no mate no date/ It’s no debate she looks 88.”
This could be a wonderful example of an opinion defense to defamation. As for emotional distress, I think the cause of the distress pre-dates Halloween.
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Pieczonka v. Great America (2012)
A family is suing Great America for a tort in 2011 at Great Falls. Father Marian Pieczonka alleged in his complaint that his young daughter Natalie was at the park in Gurnee, Illinois for the Halloween-themed Fright Fest when a park employee dressed in costume jumped out of a port-a-potty and shot her with a squirt gun. He then reported chased the screaming girl until she fell and suffered injuries involving scrapes and bruises. The lawsuit alleges negligence in encouraging employees to chase patrons giving the tripping hazards.
They are asking $30,000 in the one count complaint but could face assumption or comparative negligence questions, particularly in knowingly attending an event called “Fright Fest” where employees were known to jump out at patrons.
The one-count suit seeks $30,000 in damages.
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A lawsuit appears inevitable after a tragic accident in St. Louis where a 17-year-old girl is in a critical condition after she became tangled in a noose at a Halloween haunted house called Creepyworld. The girl was working as an actress at the attraction and was found unconscious. What is particularly chilling is that people appeared to have walked by her hanging in the house and thought she was a realistic prop.
Notably, the attraction had people walk through to check on the well-being of actors and she was discovered but not for some time after the accident. She is in critical condition. Creepyworld employs 100 people and can expect a negligence lawsuit.
Source:
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Rabindranath v. Wallace (2010)
Peter Wallace, 24, was returning on a train with fellow Hiberinian soccer fans in England — many dressed in costumes (which the English call “fancy dress.”) One man was dressed as a sheep and Wallace thought it was funny to constantly flick his lighter near the cotton balls covering his body — until he burst into flames. Friends then made the matter worse by trying to douse the flames but throwing alcohol on the flaming man-sheep. Even worse, the victim Aberdeen supporter Arjuna Rabindranath, 24, is an Aberdeen soccer fan. Rabindranath’s costume was composed of a white tracksuit and cotton wool.
Outcome: Wallace is the heir to a large farm estate and agreed to pay damages to the victim, who experienced extensive burns.
What is fascinating is the causation issue. Here, Wallace clearly caused the initial injury which was then made worse by the world’ most dim-witted rescue attempt in the use of alcohol to douse a fire. In the United States, the original tortfeasor is liable for such injuries caused by negligent rescues. Indeed, he is liable for injured rescuers. The rescuers can also be sued in most states. However, many areas of Europe have good Samaritan laws protecting such rescuers. Notably, Wallace had a previous football-related conviction which was dealt with by a fine. In this latest case, he agreed to pay 25,000 in compensation.
The case is obviously similar to one of our prior Halloween winners below: Ferlito v. Johnson & Johnson
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Perper v. Forum Novelties (2010)
Sherri Perper, 56, of Queens, New York has filed a personal injury lawsuit due to defective shoes allegedly acquired from Forum Novelties. The shoes were over-sized clown shoes that she was wearing as part of her Halloween costume in 2008. She tripped and fell.
She is reportedly claiming that the shoes were dangerous. While “open and obvious” is no longer an absolute defense in such products cases, such arguments may still be made to counter claims of defective products. In most jurisdictions, you must show that the product is more dangerous than the expectations of the ordinary consumer. It is hard to see how Perper could be surprised that it is a bit difficult to walk in over-sized shoes. Then there is the problem of assumption of the risk.
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Dickson v. Hustonville Haunted House and Greg Walker (2009) Glenda Dickson, 51, broke four vertebrae in her back when she fell out of second
story window left open at the Hustonville Haunted House, owned by Greg Walker.
Dickson was in a room called “The Crying Lady in the Bed” when one of the actors came up behind the group and started screaming. Everyone jumped in fright and Dickson jumped back through an open window that was covered with a sheet — a remarkably negligent act by the haunted house operator. She landed on a fire escape and then fell down some stairs.
OUTCOME: While no criminal charges are planned, this would appear a likely case for a lawsuit for negligence. Since it only happened yesterday, we may have to follow up next year to see if this got really scary.
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Maryland v. Janik (2009)
Sgt. Eric Janik, 37, went to a haunted house called the House of Screams with friends and when confronted by a character dressed as Leatherface with a chainsaw (sans the chain, of course), Janik pulled out his service weapon and pointed it at the man, who immediately dropped character, dropped the chainsaw, and ran like a bat out of Halloween Hell.
Outcome: Janik is charged with assault and reckless endangerment for his actions. Charges pending.
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Patrick v. South Carolina (2009) Quentin Patrick, 22, an ex-convict in Sumter, South Carolina shot and killed a trick-or-treater T.J. Darrisaw who came to his home on Halloween — spraying nearly 30 rounds with an assault rifle from inside his home after hearing a knock on the door. T.J.’s 9-year- old brother, Ahmadre Darrisaw, and their father, Freddie Grinnell, were injured but were released after being treated at a hospital.
Patrick left his porch light on — a general signal for kids that the house was open for trick and treating. The boy’s mother and toddler sibling were in the car.
Patrick emptied the AK-47 — shooting at least 29 times through his front door, walls and windows after hearing the knock. He said that he had been previously robbed. That may be so, but it is unclear what an ex-con was doing with a gun, let alone an AK-47.
OUTCOME: Charges pending for murder.
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Kentucky v. Watkins (2008)
As a Halloween prank, restaurant manager Joe Watkins of the Chicken Ranch in Paris, Kentucky thought it was funny to lie in a pool of blood on the floor. After seeing Watkins on the floor, the woman went screaming from the restaurant to report the murder. Watkins said that the prank was for another employee and that he tried to call the woman back on her cell phone.
OUTCOME: Under Kentucky law, a person can be charged with a false police report, even if he is not the one who filed it. The police charged Watkins for causing the woman to file the report — a highly questionable charge.
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Mays v. Gretna Athletic Boosters␣95-717 (La.App. 5 Cir. 01/17/96)
“Defendant operated a haunted house at Mel Ott Playground in Gretna to raise money for athletic programs. The haunted house was constructed of 2×4s and black visqueen. There were numerous cubbyholes where “scary” exhibits were displayed. One booster club member was stationed at the entrance and one at the exit. Approximately eighteen people participated in the haunted house by working the exhibits inside. Near and along the entrance of the haunted house was a bathroom building constructed of cinder blocks. Black visqueen covered this wall.
Plaintiff and her daughter’s friend, about 10 years old, entered the haunted house on October 29, 1988. It was nighttime and was dark inside. Plaintiff testified someone jumped out and hollered, scaring the child into running. Plaintiff was also frightened and began to run. She ran directly into the visqueen-covered cinder block wall.
There was no lighting in that part of the haunted house. Plaintiff hit the wall face first and began bleeding profusely from her nose. She testified two surgeries were required to repair her nose.”
OUTCOME: In order to get the proper effect, haunted houses are dark and contain scary and/or shocking exhibits. Patrons in a Halloween haunted house are expected to be surprised, startled and scared by the exhibits but the operator does not have a duty to guard against patrons reacting in bizarre, frightened and unpredictable ways. Operators are duty bound to protect patrons only from unreasonably dangerous conditions, not from every conceivable danger.
As found by the Trial Court, defendant met this duty by constructing the haunted house with rooms of adequate size and providing adequate personnel and supervision for patrons entering the house. Defendant’s duty did not extend to protecting plaintiff from running in a dark room into a wall. Our review of the entire record herein does not reveal manifest error committed by the Trial Court or that the Trial Court’s decision was clearly wrong. Plaintiff has not shown the haunted house was unreasonably dangerous or that defendant’s actions were unreasonable. Thus, the Trial Court judgment must be affirmed.
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Powell v. Jacor Communications␣
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
320 F.3d 599 (6th Cir.2003)
“On October 15, 1999, Powell visited a Halloween season haunted house in Lexington, Kentucky that was owned and operated by Jacor. She was allegedly hit in the head with an unidentified object by a person she claims was dressed as a ghost. Powell was knocked unconscious and injured. She contends that she suffered a concussion and was put on bed rest and given medications by emergency-room physicians. Powell further claims that she now suffers from several neuropsychological disorders as a result of the incident.”
OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.
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Kansas City Light & Power Company v. Trimble␣
315 Mo. 32; 285 S.W. 455 (1926)
“A shapely pole to which, twenty-two feet from the ground is attached a non-insulated electric wire . . Upon a shapely pole were standard steps eighteen inches apart; about seventeen feet from the ground were telephone wires, and five feet above them was a non-insulated electric light wire. On Halloween, about nine o’clock, a bright fourteen- year-old boy and two companions met close to the pole, and some girls dressed as clowns came down the street. As they came near the boy, saying, “Who dares me to walk the wire?” began climbing the pole, using the steps, and ascended to the telephone cables, and thereupon his companions warned him about the live wire and told him to come down. He crawled upon the telephone cables to a distance of about ten feet from the pole, and when he reached that point a companion again warned him of the live wire over his head, and threatened to throw a rock at him and knock him off if he did not come down. Whereupon he turned about and crawled back to the pole, and there raised himself to a standing position, and then his foot slipped, and involuntarily he threw up his arm, his hand clutched the live wire, and he was shocked to death.”
OUTCOME:
Frankly, I am not sure why the pole was so “shapely” but the result was disappointing for the plaintiffs. Kansas City Light & Power Company v. Trimble: The court held that the appellate court extended the attractive nuisance doctrine beyond the court’s ruling decisions. The court held that appellate court’s opinion on the contributory negligence doctrine conflicted with the court’s ruling decisions. The court held that the administrator’s case should never have been submitted to the jury. The court quashed the appellate opinion.
“To my mind it is inconceivable that a bright, intelligent boy, doing well in school, past fourteen years of age and living in the city, would not understand and appreciate the fact that it would be dangerous to come in contact with an electric wire, and that he was undertaking a dangerous feat in climbing up the pole; but even if it may be said that men might differ on that proposition, still in this case he was warned of the wire and of the danger on account of the wire and that, too, before he had reached a situation where there was any occasion or necessity of clutching the wire to avoid a fall. Not only was he twice warned but he was repeatedly told and urged to come down.”
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Purtell v. Mason␣ 2006 U.S. Dist. LEXIS 49064 (E.D. Ill. 2006)
“The Purtells filed the present lawsuit against Defendant Village of Bloomingdale Police Officer Bruce Mason after he requested that they remove certain Halloween tombstone “decorations” from their property. Evidence presented at trial revealed that the Purtells placed the tombstones referring to their neighbors in their front yard facing the street. The tombstones specifically referred to their neighbors, who saw the language on the tombstones. For instance, the tombstone that referred to the Purtells’ neighbor James Garbarz stated:
Here Lies Jimmy, The OlDe Towne IdioT MeAn As sin even withouT his Gin No LonGer Does He wear That sTupiD Old Grin . . . Oh no, noT where they’ve sent Him!
The tombstone referring to the Purtells’ neighbor Betty Garbarz read:
BeTTe wAsN’T ReADy, BuT here she Lies Ever since that night she DieD. 12 feet Deep in this trench . . . Still wasn’T Deep enough For that wenches Stench!
In addition, the Purtells placed a Halloween tombstone in their yard concerning their neighbor Diane Lesner stating:
Dyean was Known for Lying So She was fried. Now underneath these daises is where she goes crazy!!
Moreover, the jury heard testimony that Diane Lesner, James Garbarz, and Betty Garbarz were upset because their names appeared on the tombstones. Betty Garbarz testified that she was so upset by the language on the tombstones that she contacted the Village of Bloomingdale Police Department. She further testified that she never had any doubt that the “Bette” tombstone referred to her. After seeing the tombstones, she stated that she was ashamed and humiliated, but did not talk to Jeffrey Purtell about them because she was afraid of him.
Defense counsel also presented evidence that the neighbors thought the language on the tombstones constituted threats and that they were alarmed and disturbed by their names being on the tombstones. James Garbarz testified that he interpreted the “Jimmy” tombstone as a threat and told the police that he felt threatened by the tombstone. He also testified that he had concerns about his safety and what Jeffrey Purtell might do to him.”
OUTCOME: The court denied the homeowners’ post-trial motion for judgment as a matter of law pursuant to and motion for a new trial. Viewing the evidence and all reasonable inferences in a light most favorable to Officer Mason, a rational jury could conclude that the language on the tombstones constituted threats, that the neighbors were afraid of Jeffrey Purtell, and that they feared for their safety. As such the Court will not disturb the jury’s conclusion that the tombstones constituted fighting words — “those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.”
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Goodwin v. Walmart␣
2001 Ark. App. LEXIS 78
“On October 12, 1993, Randall Goodwin went to a Wal-Mart store located on 6th Street in Fayetteville, Arkansas. He entered through the front door and walked toward the sporting goods department. In route, he turned down an aisle known as the seasonal aisle. At that time, it was stocked with items for Halloween. This aisle could be observed from the cash registers. Mr. Goodwin took only a few steps down the aisle when he allegedly stepped on a wig and fell, landing on his right hip. As a result of the fall, Mr. Goodwin suffered severe physical injury to his back, including a ruptured disk. Kelly Evans, an employee for appellee, was standing at the end of her check-out stand when Mr. Goodwin approached her and informed her that he had fallen on an item in the seasonal aisle. She stated that she “saw what he was talking about.”
OUTCOME: Judgment affirmed because the pleadings, depositions, and related summary judgment evidence did not show that there was any genuine issue of material fact as appellant customer did not establish plastic bag containing the Halloween wig which allegedly caused him to slip and fall was on the floor as the result of appellee’s negligence or it had been on the floor for such a period of time that appellee knew or should have known about it.
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Eversole v. Wasson␣ 80 Ill. App. 3d 94 (Ill. 1980)
“The following allegations of count I, directed against defendant Wasson, were incorporated in count II against the school district: (1) plaintiff was a student at Villa Grove High School which was controlled and administered by the defendant school district, (2) defendant Wasson was employed by the school district as a teacher at the high school, (3) on November 1, 1978, at approximately 12:30 p.m., Wasson was at the high school in his regular capacity as a teacher and plaintiff was attending a regularly scheduled class, (4) Wasson sought and received permission from another teacher to take plaintiff from that teacher’s class and talk to him in the hallway, (5) once in the hallway, Wasson accused plaintiff of being one of several students he believed had smashed Wasson’s Halloween pumpkin at Wasson’s home, (6) without provocation from plaintiff, Wasson berated plaintiff, called him vile names, and threatened him with physical violence while shaking his fist in plaintiff’s face which placed plaintiff in fear of bodily injury, (7) Wasson then struck plaintiff about the head and face with both an open hand and a closed fist and shook and shoved him violently, (8) as a result, plaintiff was bruised about the head, neck, and shoulders; experienced pain and suffering in his head, body, and limbs; and became emotionally distraught causing his school performance and participation to be adversely affected . . .”
OUTCOME: The court affirmed that portion of the lower court’s order that dismissed the count against the school district and reversed that portion of the lower court’s order that entered a judgment in bar of action as to this count. The court remanded the case to the lower court with directions to allow the student to replead his count against the school district.
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Holman v. Illinois␣
47 Ill. Ct. Cl. 372 (1995)
“The Claimant was attending a Halloween party at the Illinois State Museum with her grandson on October 26, 1990. The party had been advertised locally in the newspaper and through flier advertisements. The advertisement requested that children be accompanied by an adult, to come in costume and to bring a flashlight. The museum had set up different display rooms to hand out candy to the children and give the appearance of a “haunted house.” The Claimant entered the Discovery Room with her grandson.
Under normal conditions the room is arranged with tables and low-seated benches for children to use in the museum’s regular displays. These tables and benches had been moved into the upper-right-hand corner of the Discovery Room next to the wall. In the middle of the room, there was a “slime pot” display where the children received the Halloween treat. The overhead fluorescent lights were turned off; however, the track lights on the left side of the room were turned on and dim. The track lights on the right side of the room near the tables and benches were not lit. The room was dark enough that the children’s flashlights could be clearly seen. There were approximately 40-50 people in the room at the time of the accident.
The Claimant entered the room with her grandson. They proceeded in the direction of the pot in the middle of the room to see what was going in the pot. Her grandson then ran around the pot to the right corner toward the wall. As the Claimant followed, she tripped over the corner of a bench stored in that section of the room. She fell, making contact with the left corner of the bench. She experienced great pain in her upper left arm. The staff helped her to her feet. Her father was called and she went to the emergency room. Claimant has testified that she did not see the low-seating bench because it was so dimly lit in the Discovery Room. The Claimant was treated at the emergency room, where she was diagnosed with a fracture of the proximal humeral head of her left arm as a result of the fall. Claimant returned home, but was unable to work for 12 to 13 weeks.”
OUTCOME: “The Claimant has met her burden of proof. She has shown by a preponderance of the evidence that the State acted negligently in placing furnishings in a dimly-lit room where visitors could not know of their location. The State did not exercise its duty of reasonable care. For the foregoing reasons, the Claimant is granted an award of $ 20,000.”
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Ferlito v. Johnson & Johnson␣
771 F. Supp. 196 “Plaintiffs Susan and Frank Ferlito, husband and wife, attended a Halloween party in 1984 dressed as Mary (Mrs. Ferlito) and her little lamb (Mr. Ferlito). Mrs. Ferlito had constructed a lamb costume for her husband by gluing cotton batting manufactured by defendant Johnson & Johnson Products (“JJP”) to a suit of long underwear. She had also used defendant’s product to fashion a headpiece, complete with ears. The costume covered Mr. Ferlito from his head to his ankles, except for his face and hands, which were blackened with Halloween paint. At the party Mr. Ferlito attempted to light his cigarette by using a butane lighter. The flame passed close to his left arm, and the cotton batting on his left sleeve ignited. Plaintiffs sued defendant for injuries they suffered from burns which covered approximately one-third of Mr. Ferlito’s body.”
OUTCOME: Ferlito v. Johnson & Johnson: Plaintiffs repeatedly stated in their response brief that plaintiff Susan Ferlito testified that “she would never again use cotton batting to make a costume.” Plaintiffs’ Answer to Defendant JJP’s Motion for J.N.O.V., pp. 1, 3, 4, 5. However, a review of the trial transcript reveals that plaintiff Susan Ferlito never testified that she would never again use cotton batting to make a costume. More importantly, the transcript contains no statement by plaintiff Susan Ferlito that a flammability warning on defendant JJP’s product would have dissuaded her from using the cotton batting to construct the costume in the first place. At oral argument counsel for plaintiffs conceded that there was no testimony during the trial that either plaintiff Susan Ferlito or her husband, plaintiff Frank J. Ferlito, would [**9] have acted any different if there had been a flammability warning on the product’s package. The absence of such testimony is fatal to plaintiffs’ case; for without it, plaintiffs have failed to prove HN9proximate cause, one of the essential elements of their negligence claim.
In addition, both plaintiffs testified that they knew that cotton batting burns when it is exposed to flame. Susan Ferlito testified that she knew at the time she purchased the cotton batting that it would burn if exposed to an open flame. Frank Ferlito testified that he knew at the time he appeared at the Halloween party that cotton batting would burn if exposed to an open flame. His additional testimony that he would not have intentionally put a flame to the cotton batting shows that he recognized the risk of injury of which he claims JJP should have warned. Because both plaintiffs were already aware of the danger, a warning by JJP would have been superfluous. Therefore, a reasonable jury could not have found that JJP’s failure to provide a warning was a proximate cause of plaintiffs’ injuries.
The evidence in this case clearly demonstrated that neither the use to which plaintiffs put JJP’s product nor the injuries arising from that use were foreseeable.
But in Trivino v. Jamesway Corporation, the following result:
The mother purchased cosmetic puffs and pajamas from the retailer. The mother glued the puffs onto the pajamas to create a costume for her child. While wearing the costume, the child leaned over the electric stove. The costume caught on fire, injuring the child. Plaintiffs brought a personal injury action against the retailer. The retailer filed a third party complaint against the manufacturer of the puffs, and the puff manufacturer filed a fourth party complaint against the manufacturer of the fibers used in the puffs. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers. On appeal, the court modified the judgment, holding that the mother’s use of the puffs was not unforeseeable as a matter of law and was a question for the jury. The court held that because the puffs were not made of cotton, as thought by the mother, there were fact issues as to the puffs’ flammability and defendants’ duty to warn. The court held that there was no prejudice to the retailer in permitting plaintiffs to amend their bill of particulars.
OUTCOME: The court modified the trial court’s judgment to grant plaintiffs’ motion to amend their bill of particulars, deny the retailer’s motion for summary judgment, and reinstate the third party actions against the manufacturers.
Spooky Torts: The 2018 List Of Halloween Litigation Horrors published first on https://immigrationlawyerto.tumblr.com/
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byzantyne · 7 years
Text
beautiful world
8059 as dads (super gokudera-centric tho SORRY) beautiful world, one step closer to immortality.
Yamamoto hears a suspicious crying sound from the next room, and he's pretty sure it's not a baby.
(Or if it is, a very large, twenty-six-year-old one.)
He knocks on the door cautiously. "Hayato...?" he ventures, and when he gets no response, he pushes the door open.
Sure enough, Gokudera is inside, hyperventilating, trying to soothe the wailing baby with desperate pleas while simultaneously wiping her butt with a damp Bounty towel. He doesn't even notice Yamamoto come through the door.
"Hayato..." 
He puts a hand on Gokudera's shoulder, which makes the man jump.
"Takeshi." He frowns. "Don't scare me like that, I could've dropped her."
Yamamoto laughs. "Sure, sure. How're things going? Trouble in paradise?"
Gokudera scowls immediately, a sign Yamamoto's come to learn over the years to mean, not funny, asshole. "She peed on me." He nods to the crisp white shirt tossed over the side of the crib, marked with a suspicious yellow stain. "Five hundred fucking dollar Brooks Brothers." Sighs, shaking his head. "I'm a fucking failure at this already."
"Relax," Yamamoto says, rubbing his back, "it's only been a day. And Bianchi'll only be away for a couple of weeks. We'll be back to our quiet, bachelor lives in no time."
"I guess." He lets out another exhale, and the towel drops from his fingers. "We've talked about kids before, Takeshi."
Yamamoto blinks at him. "We have."
"But I think this just goes to show that I'd be a terrible parent."
"Is that what you're worried about?" He smiles and kisses Gokudera on the temple. "Don't worry. No one's a perfect mother on their first day."
The comment earns him an elbow to the stomach. "Fuck off."
"Hey hey. No bad language in front of the kid."
-
But Bianchi doesn't come back.
Gokudera is rocking the child in his arms by the window, angrily punching redial into his phone over, and over, and over.
It doesn't stop raining that day.
-
The Tenth is in his kitchen sipping tea, and Yamamoto is changing the baby's diapers because he's better at it. Gokudera sighs, leaning against the island, and kneads his forehead with his fingers.
"Still no word from Bianchi?" Tsuna asks.
"No." He grimaces. "What did I expect, really...in our profession, it's a fucking blessing to be killed rather than captured."
"Don't give up hope, Hayato." His boss gives him a reassuring smile. "Your sister is terrifying for good reason. And they haven't found a body yet."
He shakes his head and scratches his arm. "I know, dammit. And that's what bothers me." An index finger absently scratches a patch on his arm. Tsuna blinks several times.
"Hayato, are those...?"
"Nicotine patches." He glances at Tsuna's surprised expression. "What? I gave up smoking for the kid. Don't give me that look, you'd do the same for Nanako."
He smiles. "You're right, I would. What's Bianchi's daughter named again?"
"Arianna. After our grandmother."
"Well. Arianna is a very lucky little girl, then."
-
Reborn stops by one day during one of Arianna and Nanako's playdates. They are playing airplanes and trains with their amused fathers, and Gokudera watches them from the couch, turning over the Vongola ring in his hands.
"I thought you'd want to play with them as well," the hitman says. Twelve years old and he still has the uncanny ability to sneak up on people as if he were half the size.
Luckily, Gokudera has been, over the years, rendered immune to such abrupt introduction, and he doesn't even turn to look at Reborn. "What makes you say that?"
Reborn grins. "I remember you were very proud of your number one ranking about being good with kids when Nanako was born."
He scoffs. "Takeshi likes the make believe games. Brings out his domestic side, I think. Me, I don't have mothering instinct if it came delivered to me with step-by-step instructions."
"Is that so."
They're silent for a while, until Reborn remarks quietly, "She has Bianchi's eyes," before walking away.
-
The daycare center ladies learn very quickly: when it comes to Arianna's fathers, the friendly Japanese man is always polite and sticks around to chat with the other parents. He always picks his daughter up, kisses her on the forehead, and asks about her day, even though she can only manage simple words and cooing at best.
The other father is a rude, silver-haired foreigner who often declines speaking to anyone, is brusque with the daycare workers, and never smiles. But when he sees Arianna, he always drops to a squat, watching her crawl to him with gentle eyes. He always brushes her hair back with a finger, murmurs, "how ya doin', kiddo," and sweeps her up in his arms like she were a bag of broken china. And when he carries her out to the car, the day care ladies can agree: it seems like he has eyes for no one else in the world.
-
They fall asleep in bed, the three of them, Arianna wrapped up safely in Gokudera's arms, and Yamamoto's around Gokudera, and for the first time in his life, Gokudera simultaneously feels paradise and fears death.
Yamamoto chuckles and rakes fingers through grey hair. "You're holding her too tightly," he murmurs softly.
"She's not complaining," Gokudera grumbles back. Pauses, opens his eyes. "Every time I hold her, I'm...afraid. Deathly afraid. Like if I let go, she'd disappear forever."
"What's this? Have you fallen for someone else? I'm hurt, Hayato."
"Like hell you are." He elbows the man lightly in the gut, which elicits a small laugh. "Do you remember your parents holding you like this?"
"Yeah," Yamamoto says, reminiscent. "All the time." He kisses Gokudera's forehead. "Don't worry, silly. She's not going anywhere any time soon. Neither are we."
-
Instead of lullabies, they would tuck her into bed with stories about their famiglia. Gokudera could get Arianna to laugh at a few about Uncle Ryohei, and Yamamoto could always get excited squeals whenever he told the story of how her two fathers met, but the stories she loved best, the ones she couldn't stop asking for, were of her mother.
(Gokudera smiles. Funny, he muses, he was the same.)
-
Arianna is five when she first gets into trouble at school. (Frankly, with her upbringing, Yamamoto is surprised it didn't happen any earlier.) He's certain not to tell Gokudera about this -- firstly, because he didn't want there to be an accidental bombing incident in the principal's office, and secondly, because he knew Gokudera would be terrible at disciplining his kid.
Though, to be fair, Yamamoto isn't so great at it, either.
-
It's -- seven years --
-
something something Bianchi comes back
-
Bianchi smiles sadly at him. "I was going to be a wonderful mother, Hayato. The kind my mother never was to me. The kind...yours never got to be."
Gokudera chews on his lower lip. "Well, it's not too late to fucking try." He shrugs, kicking the ground. "We're her dads, you're her mom. Who gives a fuck about conventional families. All kids need are people who love them."
"Oh, Hayato," she's gathering him up in her arms and he doesn't even fight it, "oh, Hayato, how you've grown so much over the years, and how I love you so much."
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