Purchase Agreement for Potential Fourth Port Extended
INDIANAPOLIS — Governor Eric J. Holcomb announced today that the state has extended the option to decide if it will purchase land near Lawrenceburg that could be the site of the state’s fourth port.
The Ports of Indiana entered into an agreement in September 2017 to purchase up to 725 acres of land that was formerly the American Electric Power plant. That option was set to expire June 30.
The option has been extended by six months to enable the seller, Tanners Creek Development, LLC, to complete its environmental remediation plan for the site and submit it to the Indiana Department of Environmental Management. If the Ports of Indiana decides to move forward, the total cost for the land and equipment would be approximately $8 million.
Indiana has three state ports operating on the Ohio River and Lake Michigan, with locations in Jeffersonville, Mount Vernon and Burns Harbor/Portage. Over the years, the Ports of Indiana has expanded each of its ports and now operates approximately 2,800 acres along Indiana’s navigable waterways. Indiana’s ports contribute over $7.8 billion per year to the state economy and support nearly 60,000 jobs.
EVSC to Celebrate End of Summer School with Science Show
Justices uphold $1.3 million judgment for crash victim
Katie Stancombe for www.theindianalawyer.com
A divided Indiana Supreme Court has affirmed an award of $1.3 million to a woman suffering long-lasting injuries resulting from car wreck. The majority held that evidence of a medical expert witness’s professional license status and reasons for his professional discipline may be admissible to challenge his credibility.
Levetta Tunstall rear-ended Dawn Manning while Manning was waiting at a stop sign, leaving Manning with permanent and chronic pain from back and neck injuries. With little relief from her pain nearly a year after the accident, Manning was informed by medical expert Dr. Steven Paschall that she had reached maximum medical improvement. Due to her limited ability to function normally, a jury awarded Manning $1.3 million.
Tunstall’s motion to correct error was denied, and on appeal she argued that Marion Superior Court abused its discretion by refusing to admit evidence regarding Paschall’s disciplinary history with the Indiana Medical Licensing Board. Paschall was disciplined twice in 30 years, and at the time he examined Manning, Paschall was facing a disciplinary complaint that ultimately resulted in the indefinite probation of his medical license for at least one year.
But the Indiana Court of Appeals found the exclusion of that information to be harmless, and further excluded evidence of the reasons for his past professional discipline. Judge John Baker dissented in a separate opinion, believing that excluding evidence of Paschall’s professional disciplinary history was reversible error.
Chief Justice Loretta Rush, writing for the Indiana Supreme Court majority in a Wednesday opinion, affirmed the jury’s award to Manning, holding that that both types of evidence may be admissible to challenge the expert’s credibility.
“Under the facts of this case, the trial court abused its discretion when it excluded evidence that the expert — doctor’s medical license had been on probation — though the error was harmless,†Rush wrote in Levetta Tunstall v. Dawn Manning, 19S-CT-18. “And the trial court properly excluded evidence of the reasons for the doctor’s professional discipline, as that evidence was inadmissible under certain evidentiary rules.â€
Finding both parties partially correct in their arguments, the majority noted that the trial court abused its discretion in excluding Paschall’s license probation, but properly excluded evidence of the reasons for his past professional discipline. The status of his medical license, Rush wrote, was relevant to the credibility of his medical opinion and the probative value of that evidence outweighed any of Evidence Rule 403’s dangers. Any error was harmless however, the majority concluded, finding the fact that Paschall’s medical license had been on probation would have been “a small drop in the large bucket of Tunstall’s evidence attacking his credibility.â€
Additionally, it noted that Manning presented substantial and consistent testimony about how her injury had significantly and permanently impacted her life. But the majority found the trial court did not abuse its discretion in excluding why Paschall was disciplined because the evidence was inadmissible under Indiana Evidence Rules 608 and 609.
Writing in a separate dissent, Justice Geoffrey Slaughter opined that though agreed that the exclusion of Paschall’s past licensure status was an abuse of discretion, the error was not harmless.
“The fact and recency of Dr. Paschall’s past professional discipline persuade me that this evidence likely would influence how a reasonable jury weighs his testimony. In my view, the exclusion of this evidence was not only erroneous but also prejudicial,†Slaughter wrote, stating he would reverse the trial court’s judgement and remand for a new damages trial.
National Pro-Life Bridges Day
On Friday, June 28, pro-life volunteers from Right to Life of Southwest Indiana will hold large banners on the Vann Avenue pedestrian bridge over the Lloyd Expressway with the message that “Abortion Takes a Human Lifeâ€. As part of the National Pro-Life Bridges Day, taking place in more than 50 cities throughout the United States, the group will hold their banners during the morning and afternoon rush hours.
“With all of the national controversy over abortion this year, we want to bring the conversation back to basicsâ€, explained Mary Ellen Van Dyke, Executive Director of Right to Life of Southwest Indiana, who is organizing the banner display in Evansville on June 28. “We keep hearing about special cases and rare circumstances, but the simple truth is that every single abortion takes a human life. We want the people of southwest Indiana to think about that.â€
This nationwide day of public outreach is being coordinated by the Chicago based Pro-Life Action League. Evansville is one of 50 locations where National Pro-Life Bridges Day is being held. Other cities include Tampa, Florida; Philadelphia, Pennsylvania; Atlanta, Georgia; St. Paul, Minnesota; San Antonio, Texas; Los Angeles, California and the suburbs of Chicago, Boston and Washington, DC. Organizers expect to exceed the total of one million commuters reached during the inaugural Pro-Life Bridges Day last year.
HOT JOBS IN EVANSVILLE
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Family of Indy legal startup founder sues Tesla over fatal 2016 crash
Marilyn Odendahl for www.theindianalawyer.com
Survivors of the founder of the Indianapolis-based legal startup Case Pacer, who died after a fiery 2016 crash of a Tesla Model S, have filed a wrongful death lawsuit against the electric car maker, claiming the company built and sold a vehicle it knew was defective.
Kevin McCarthy’s wife and three children filed the lawsuit June 25 in Superior Court in Alameda, California. They assert the automobile’s defects, including its “unstable and inadequately protected lithium ion batteries,†“faulty door handles,†and “uncommanded acceleration,†led to McCarthy’s death after his Tesla S wrecked on Illinois Street in downtown Indianapolis on Nov. 3, 2016.
The family is seeking general damages and special damages as well as punitive and exemplary damages against Tesla, Inc.
“Kevin was a loving husband and father, a successful businessman and a pillar in his community,†said attorney Elise Sanguinetti, founding partner of Arias Sanguinetti Wang & Torrijos LLP. “He was killed because Tesla built and sold a car it knew was defective, and those known defects led to Kevin’s horrible, avoidable death.â€
Arias Sanguinetti Wang & Torrijos LLP in California and Slavik Law Firm LLC in Colorado are representing the McCarthy family. The case is Stacey McCarthy et al. v. Tesla, Inc. and DOES 1 through 100, inclusive, 19C24488.
Tesla did not respond to a request for comment by IL deadline.
McCarthy had been in the process of building his company Case Pacer. After his death, the company leadership continued the business.
McCarthy was riding as a passenger in his 2015 Tesla Model S and Casey Speckman, an employee of Case Pacer, was driving. He and Speckman had been entertaining clients at the Omni Hotel in Indianapolis when they left shortly before 1 a.m. to retrieve some promotional materials they needed for the next day’s Indiana Trial Lawyers Association conference.
According to the lawsuit, Speckman lost control of the vehicle because of the uncommanded acceleration defect and, while attempting to avoid an oncoming car headed the wrong way, she drove up on the sidewalk and hit a tree. Witnesses said the car hit a wall and a fire subsequently ensured, engulfing the vehicle.
McCarthy was observed to be alive following the impact and was attempting to escape the vehicle, the lawsuit says.
However, the lawsuit says, because of the uncommanded acceleration event, the lack of effective automatic emergency braking and the ensuing crash, and the propensity of the vehicle to catch fire, as well as the defective design of the door latch system entrapping him in the vehicle, he was unable to exit the car.
As a result, according to the suit, McCarthy suffered severe thermal injuries and was exposed to toxic gases. After almost twenty minutes, the Indianapolis Fire Department extricated McCarthy and transported him to Eskenazi Hospital, where he died due to the injuries he suffered during the post-impact fire, the suit says.
MITCHELL G. WHEELER
Chandler, IN. – Mitchell G. Wheeler, 57, died Monday June 24, 2019 at his residence in Chandler, Indiana.
Mitchell was preceded in death by his parent Glenn C. and Barbara S. Wheeler and brother, Michael W. Wheeler.
Surviving Mitchell is his wife of 20 years, Tammy; daughter Becci Giddings(Mark); Brother, Terry(Mary); Nephew, Jeffery Wheeler(Tina); one grandchild, Leah Giddings and many friends.
Services will be on Friday, June 28th at Cumberland Presbyterian Church in Chandler, IN.
Visitation for family is at 10 am on Friday.
Visitation for Friends is at 11 pm on Friday.
Service will start at 2 pm on Friday followed by burial at Greenwood Cemetery in Chandler, IN.
In lieu of flowers please make a donation to his wife Tammy to help with funeral costs.
To send flowers to the family of Mitchell G Wheeler, please visit Tribute Store.
Lois Smith
Boonville, IN. – Lois Smith, 72 years old (February 1, 1947- June 25, 2019) has joined her Heavenly family, parents, Clarence and Dorothea Addington and dear Aunt Edna Addington. She waits to be reunited someday with those left on earth: husband, Ron Smith; daughters, Jenny Stadelmann and Angela Taylor (Ryan); grandchildren, Grace and Ellie Stadelmann and Josiah and Micah Taylor; sister, Linda Hadley (David); brother-in-law, Jim Smith (Margie); and nieces and nephews Julia (Aaron) Mayes, Doug (Amee) Hadley, Chris (Jaleigh) Hadley, Aaron (Lisa) Smith, and Zachary Smith.
Lois was a loving and devoted wife, mother, daughter and sister. Outside of family, she poured her passions into serving others, especially through teaching and music. She taught for more than 35 years, the majority being at Castle High School, as an English and Literature teacher. Her service continued outside of the classroom to provide additional support to teens during difficult transitions.
Lois also enjoyed learning about other cultures through her travels to Europe with students and through her participation in a professional development program with other teachers traveling throughout Asia and developing an Asian literature program. These amazing cross-cultural experiences expanded her ability to see the image of God in all people.
Lois’ other love was music. She played piano at Main Street General Baptist Church for over 25 years, and she especially enjoyed preparing for and performing cantatas around the holidays.
Services will be 10 A.M. on Friday, June 28, 2019 at Koehler Funeral Home in Boonville, Indiana with Pastor Rodney Sloan officiating. Burial will be at Mt Gilead Cemetery in Boonville, Indiana.
Visitation will be 4 P.M. until 7 P.M. on Thursday, June 27, 2019 at the funeral home and again from 9 A.M. until the time of service on Friday.
In lieu of flowers, memorial contributions may be made to The Association of Frontotemporal Degeneration (ATFD), which supports research to find treatments and a cure for those suffering from frontotemporal dementia. To learn more go to https://www.theaftd.org/
To donate by mail, simply make a check out to AFTD and send it to:
AFTD, Radnor Station Building 2, Suite 320, 290 King of Prussia Road, Radnor, PA 19087
To send flowers to the family of Lois R Smith, please visit Tribute Store.