Home Blog Page 3303

“LEFT JAB AND RIGHT JAB” JULY 25, 2019

4

“LEFT JAB AND RIGHT JAB”

“Right Jab And Left Jab” was created because we have two commenters that post on a daily basis either in our “IS IT TRUE” or “Readers Forum” columns concerning National or International issues.
Joe Biden and Ronald Reagan’s comments are mostly about issues of national interest.  The majority of our “IS IT TRUE” columns are about local or state issues, so we have decided to give Mr. Biden and Mr. Reagan exclusive access to our newly created “LEFT JAB and RIGHT JAB”  column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB” AND “RIGHT JAB” several times a week.  Oh, “LEFT JAB” is a liberal view and the “RIGHT JAB is representative of the more conservative views. Also, any reader who would like to react to the written comments of the two gentlemen is free to do so.

FOOTNOTE: Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.

Grieshaber’s clutch hit gives Otters extra-inning win

0
Keith Grieshaber delivered a clutch go-ahead two-RBI single in the 10th inning Wednesday to push the Evansville Otters to a 3-1 victory against the Joliet Slammers.

Wednesday’s middle game of the series from Joliet, Ill. was a pitcher’s duel between Slammers starter Tyler Jandron and Otters starter Anthony Arias.

 

Jandron pitched well through seven scoreless innings, utilizing his defense behind him compared to his start last week at Bosse Field where he racked up 10 strikeouts.

 

The Otters had runners on second base in the fourth and fifth innings but failed to score as Jandron was able to get out of two situations with runners in scoring position.

 

Arias made his best, deepest start as an Otter, working past some first inning trouble.

 

The first three batters he faced in the first inning all reached base including one by error, but a fielder’s choice, a popout and a strike out helped Arias get out of the first without allowing a run.

 

From that point on, Arias settled in. He tossed a season-high nine strikeouts in six innings pitched, surrendering only two hits and three walks. He finished with a no-decision.

 

The Otters were able to get to Jandron in the eighth for the first run of the game.

 

In the top of the eighth, newly acquired Otter and former River City Rascal, Tanner Wetrich doubled, giving the Otters a runner in scoring position.

 

Just like Tuesday’s game, David Cronin came through again for the Otters when he singled to score Wetrich, giving the Otters a 1-0 lead.

 

That would end the day for Slammers starter Tyler Jandron, who threw eight solid innings while allowing only one run on eight hits and ringing up seven batters. He earned a no-decision.

 

The Slammers would strike back in the bottom half of the frame.

 

Otters reliever Cam Opp came on in the eighth inning and surrendered three straight singles to Dash Winningham, Riley Krane, and Harriston Bragg, forcing the bases loaded with no-outs.

 

A ground ball by Jimmy Roche forced Cronin to turn a 4-6-3 double play, allowing Winningham to score, and tying the game at one.

 

Opp would strikeout Clayton Harp to end the eighth, and threw a scoreless ninth to force the game into extra innings.

 

Jack Meggs reached on base to lead off the top of the tenth on an error at third base, which allowed Meggs to advance to second with no outs.

 

Three batters later, a wild pitch by Slammers reliever Mario Samuel allowed Meggs to trot to third, giving the Otters the go-ahead run 90 feet from home.

 

After recording outs to Rob Calabrese and Hunter Cullen, Samuel would throw back-to-back hit-by pitches to Wetrich and Cronin to load the bases with two outs.

 

Grieshaber then roped a two-RBI single to score Meggs and Wetrich to put the Otters ahead 3-1.

 

Taylor Wright ran into a bit of trouble in the 10th inning, as the Slammers had runners on the corners with two outs and Roche representing the go-ahead run at the plate.

 

Roche would foul out to Meggs in right field to give Wright his ninth save of the season.

 

Cam Opp earned his second win of the season, while Mario Samuel was given the loss.

 

Game three of the series will be Thursday night at 7:05 p.m.

 

Austin Nicely will take the mound for the Otters and will be opposed by Matt Quintana of the Slammers.

 

ECVB MEETING

0
page1image58114672

BOARD OF PUBLIC SAFETY MEETING

0

BOARD OF PUBLIC SAFETY

Lawyer’s failure to appear merits setting aside default, COA rules

0

Dave Stafford for www.theindianalawyer.com

A lawyer’s failure to appear at a hearing to represent his client who was being sued in a civil case arising from a failed joint business venture should not have resulted in a default judgment and sanctions against the defendants, the Indiana Court of Appeals ruled Wednesday.

The appellate panel affirmed a Marion Superior Court order setting aside a default judgment, treble damages and sanctions entered against defendants in a business joint venture that fizzled and resulted in litigation.

In 2013, KWD Industrias SA DE CV provided $46,800 to Mark Reynolds on behalf of IMP LLC to purchase equipment to manufacture heavy-duty commercial solenoid switches in Mexico. But after the deal soured, KWD sued, demanding return of the money, treble damages, attorney fees and punitive damages.

IMP retained Indianapolis attorney Steven Fulk to defend against the claims, and Fulk also filed a replevin action as a counterclaim, seeking return of property valued at more than $170,000 and stating numerous other claims and affirmative defenses. But Fulk failed to appear at an April 18, 2018, final pre-trial conference, a day after which KWD filed a motion for sanctions, default judgment, attorney fees and other relief.

After a hearing, the court entered default judgment on May 14, 2018, in favor of KWD and against IPM for $46,800 plus costs of $151 and against Reynolds for $140,400 plus attorney fees of $22,747.39 and costs of $151, and ordered that appellees’ counterclaims be dismissed with prejudice. In June 2018, KWD sought and was granted leave from the court to communicate directly with the defendants, noting Fulk had not been in communication or reachable for months.

“On July 24, 2018, Appellees by new counsel filed a motion under Ind. Trial Rule 60 requesting that the court set aside its May 14, 2018 order and set the matter for a pre-trial conference. The motion stated that the dispute arises out of a failed joint venture between KWD and IPM; that Appellees, represented by Attorney Fulk, filed an answer and counterclaims; that neither IPM nor Reynolds was notified of either the final pre-trial conference or the scheduling of the bench trial; that ‘[i]t is unknown to undersigned counsel whether Mr. Fulk had notice as he has not responded to undersigned counsel’s attempts to contact him’; and that, ‘[t]o date, Mr. Fulk has not responded to inquiries as to why he failed to appear,’” Judge Elaine Brown wrote.

Under these facts, the trial court properly set aside the default judgment per Trial Rule 60(B), the panel concluded in KWD Industrias SA DE CV v. IPM LLC and Mark Reynolds, 18A-CC-2751.

“Appellees have alleged facts which, if true, may support their defenses or counterclaims and lead the fact-finder to reach a different result,” Brown wrote. “KWD raises claims of breach of contract and unjust enrichment against IPM and claims of conversion and deception against Reynolds. In response, Appellees assert affirmative defenses including, among others, that KWD failed to mitigate its damages and that its claims are barred by the doctrine of unclean hands and fraud. Appellees also raise several counterclaims against KWD including an action in replevin seeking the return of property valued in excess of $170,000 and damages, civil conversion seeking treble damages, and unjust enrichment. They allege that KWD is unlawfully detaining property which belongs to them. Reynolds states in his declaration that IPM provided KWD with two complete manufacturing assembly lines, KWD did not pay for the equipment and assembly lines, it is believed KWD still has possession of the property, and the value of the property is approximately $156,000.

“… Under these circumstances, we cannot say the trial court abused its discretion in granting Appellees equitable relief from the finality of default judgment,” the panel concluded, affirming the trial court’s setting aside that order.

While not referenced in the opinion, Fulk was suspended from the practice of law in later June by the Indiana Supreme Court for failing to cooperate in the investigation of a grievance against him. The suspension order did not state the nature of the grievance.

ADOPT A PET

0

Penny is a female American Staffordshire Terrier mix. She’s around 1 ½ years old. Penny was surrendered for not liking other dogs. Potential adopters can do a meet & greet with their own dogs to see if Penny likes them – she may like some dogs and not others! Her adoption fee is $110 and includes her spay, microchip, and vaccines. Contact Vanderburgh Humane at (812) 426-2563 for adoption details.

 

Donald Clifford Burnell

0

Donald Clifford Burnell of Chandler, Indiana passed peacefully into The Lords Kingdom on Wednesday morning, July 23, 2019. Donnie was 68 years young.
Donald was the first born son to Donald Arthur and Bernice Burnell in Massena, New York on March 22, 1951.
Donnie grew up in Massena the eldest of four children. He attended Massena Central High School where he met the love of his life his senior year, Deborah. After high school Donnie attended Canton ATC College and went on to become an electrician.
In 1972 Donald made Deborah his wife. Donnie and Debbie were each other’s great love. They made their family by having two daughters. Donnie loved all “his girls” as he would lovingly refer to his wife and daughters.
Donald worked for Alcoa as an Electrical Engineer Supervisor from 1973 until he retired in 2003. He loved camping, was a proud member of the Chandler United Methodist Church where he sat on the council and served with the men’s group. He was hard working and loved life, his family, friends and Our Lord Savior with his whole heart.
Donnie was preceded in his calling to the Lord by so many he loved. His wife, best friend and soul mate, Deborah Burnell along with his daughters and their spouses, Tamela and James Kessinger and Tara and Michael Kopp were his immediate family. He preceded his three sisters and their spouses, Patricia and John Minor, Jean and Michael Hudon and Jane and Geoff Smythe. Also siblings in-laws and spouses, Pamela and David Tefft, Shayne and Kay Summers, Cheryl Summers, Melody and Bobby Handigard and Monica Summers. He was a proud “Pops” to his grand daughters, Madison-Rae Kessinger and Mackenzie Kopp along with his grandson Ricky Pitsonbarger. He was “Uncle Don” to his nieces and nephews, Imran Awan, Michael and Mark Summers, Monica, Melissa and Michael Hudon, Jared Smythe, Lucas, Amanda, Marilee and Danny Summers, Martina and Bobby Handigard, Margot and Malcolm Summers and Emile summers. In addition to the family listed there are so many lives he touched ; his great nieces and nephews, his daughters friends who called him “Dad”, all of the kids he was just “Uncle Don” to, and to his church family and friends he loved so much. Donald may have preceded those he loved in death but he left an imprint and eternal wisdom and love in every one of us he loved.
The family invites you to celebrate in the life of Donald. Donald will be shown at Koehler Funeral Home, Perigo Chapel, 7022 Heim Road in Chandler, Indiana on Monday, July 29, 2019. There will be a private viewing for the family at 1:00PM and public viewing will start at 2:00 P.M. and run until 8:00 P.M.
There will be a funeral service on Tuesday, July 30, 2019 at Chandler United Methodist Church in Chandler, Indiana. There will be a showing from 9:00 A.M. and the service will start at 10:00 A.M. Immediately following the service there will be a bereavement luncheon in the church fellowship hall, all are invited to attend.
In closing, as we wander through our memories, ponder all the moments shared and process our grief we need to remember, he gave us all the answers he had and he had all the answers. Remember how he shared his opinions unapologetically and loved all unabashedly and may those traits always be remembered fondly.
No go, Donnie, take your place in Heaven with The Lord Our Savior. Sit once again with the four people you admire and respect the most, your parents; Donald and Bernice Burnell and John and Noella Summers. Laugh and be joyous with all your friends and family that preceded you to the Sacred Kingdom. Until we meet again and we will meet again. Until we meet again, you are loved as much as you love.

To send flowers to the family of Donald C Burnell, please visit Tribute Store.

Obituary for Bobby Lee Johnson

0

Bobby Lee Johnson the son of the late James A and Lydia Johnson was born January 6, 1951 in Evansville, In. Bobby professed a hope in Christ at an early age and became a member of Mt. Olive Galilee. Bobby was a graduate of Benjamin Bosse High school. Bobby worked and retired from Sabic Innovations 30+ years. Bobby was a faithful and devoted member of Otis Stone Post 354 SAL. Bobby was preceded in death by his parents, grandparents, sister Diane, brother Michael, and granddaughter Lexus.

Bobby leaves to cherish his memory his wife, Rosalind, children Michael (Jessica),(PA), Jimel (Evansville), Monya (Henderson), Shannon (MS), Derrick (Evansville), brothers Jimmy (ATL), Vernon( Evansville), and sisters Marilyn(Evansville), Marshelia Starks(Evansville), and Jimia Lock(Evansville), 17 grandchildren, and a host of nieces, nephews, aunts, uncles, cousins, and many many friends.
He is gone away, but we will live with him someday. Another soldier has gone but he is somewhere around God’s throne.

Slammers’ late surge downs Otters

0
The Evansville Otters could not hold off a late surge by the Joliet Slammers Tuesday as the Slammers won the series opener 7-4 after scoring five unanswered runs in the latter stages of the game.

Joliet scored the game’s first tally in the bottom of the first inning on Dash Winningham’s RBI double, giving Joliet a 1-0 lead.

 

The second through fourth innings would be a scoreless, pitching stronghold by starters Jake Welch for the Otters and Keegan Long for the Slammers.

 

The Otters broke through against Long in the top of the fifth for three runs.

 

Hunter Cullen led off the bottom of the fifth with a walk, and Elijah MacNamee singled to put runners on first and second with no-outs.

 

A sac bunt by Jack Meggs advanced the runners to second and third, and David Cronin’s two-RBI double gave the Otters their first lead of the game at 2-1.

 

Keith Grieshaber followed with a single, scoring Cronin, giving the Otters a 3-1 lead, and extending his hit streak to 17 games.

 

The Slammers would respond in the bottom of the fifth on a sac fly from Chaz Meadows to cut the Otters’ lead to one.

 

The Otters gathered their two-run lead back on an RBI single by Meggs in the top of the sixth, making the score 4-2 Otters.

 

Keegan Long would exit the game after finishing the sixth inning. He surrendered four runs on six hits with six walks and two strikeouts, earning a no-decision.

 

Joliet would equalize the game at four after two leadoff hits were followed by RBI outs in the bottom of the sixth.

 

That would end the night for Jake Welch, who tossed six innings and allowed four runs on seven hits while recording six strikeouts.

 

With the Slammers gaining offensive momentum heading into the bottom of the seventh, Riley Krane delivered the go-ahead hit off Otters reliever Drew Beyer, driving in two runs to give the Slammers a 6-4 edge.

 

Another sac fly by Meadows in the eighth gave Joliet an insurance run and extended their lead to three.

 

With closer Ryan Koziol entering the game for the Slammers in the top of the ninth, J.J. Gould and Cronin led off the top of the ninth with back-to-back singles, allowing Grieshaber to represent the tying run at the plate.

 

Unfortunately, Grieshaber grounded into the third double play turned by Meadows at shortstop, putting Gould at third with two outs.

 

Ryan Long would groundout to Meadows to give Koziol his 13th save of the season and finish the win for Joliet.

EPD REPORT

0

EPD REPORT

1...3,3023,3033,304...7,243Page 3,303 of 7,243