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Judgment for trooper in motorcycle crash suit reversed

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Dave Stafford for www.theindianalawyer.com

A motorcyclist injured in a crash after he attempted to evade a head-on collision with an oncoming state police trooper’s vehicle will have his day in court after the Indiana Court of Appeals reversed a trial court ruling for the officer.

Motorcyclist Bryce A. Burton sustained injuries in a crash four years ago in Benton County in northwest Indiana. He was riding southbound on Meridian Road while, coming from the opposite direction, Indiana State Police Trooper Martin Benner attempted to pass a vehicle in front of him.

“…Burton took evasive measures to avoid a head-on collision, resulting in the locking up of the motorcycle’s brakes,” which caused Burton to leave the roadway and sustain injuries, Judge John Baker wrote.

Benner was off duty at the time of the crash, having worked earlier in the day, but at the time of the crash, he was in street clothes driving an unmarked ISP Dodge Charger en route to his son’s baseball game. He was required to and did maintain radio contact in the event of an emergency, and he provided assistance to Burton after the crash. Baker noted ISP authorizes its troopers to engage in “de minimis use of police vehicles for personal matters.”

In response to Burton’s suit, Benner argued he was driving in the scope of his employment. The Benton Circuit Court agreed, granting partial summary judgment and prompting Burton’s successful appeal.

Baker wrote for the panel that the while the facts are undisputed in Bryce A. Burton v. Martin Benner and Indiana State Police, 19A-CT-135, “the inferences that can be made from and conclusions that can be based on those facts are anything but,” making summary judgment erroneous. The COA remanded the case for proceedings at the courthouse in Fowler.

“One reasonable factfinder could look at these facts and easily conclude that Benner was not acting within the scope of his employment at the time of the accident. Another reasonable factfinder could reach precisely the opposite conclusion,” Baker wrote, relying on Supreme Court guidance from Hughley v. State, 15 N.E.3d 1000, 1003 (Ind. 2014).

“…Given our standard of review on summary judgment and our Supreme Court’s caution that summary judgment should not be used to ‘short-circuit[] the trial process’ where even a ‘minimal[]’ amount of evidence raises a factual issue to be resolved at trial … we can only find that the trial court erred by entering summary judgment in favor of Benner on this issue.”

WORLD ELDER ABUSE AWARENESS DAY IS JUNE 15!

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There are many causes that may lead to elder abuse and assault. The good news is that there are many different measures one can take to curb the rates of elder abuse overall and also prevent elder assault from taking place.
Have your elders stay nearby and stay close to family if possible.
Elder individuals that feel isolated can end up getting depressed or feel sad and lonely. They may feel unwanted, like a burden, or feel like others don’t know they exist. By keeping your elders nearby, you are able to offer them assistance when you notice that they need it, or they can easily come to you for help when needed. This reduces the chance of abuse and neglect.
Keep in contact with them.
By keeping in contact with your elders regularly, you’re not only able to keep tabs on their daily activities and habits, but also offer help when they need it. Getting a medical alert system can also be a good option to know that a call for help is only a button press away. Keeping a good relationship will also make the elderly person feel comfortable enough to ask for assistance when they feel they need it. You will also be able to look out for any abnormal changes that may signal abuse.
Encourage elders to attend community events.
As people get older, they may naturally feel more isolated. Attending community events will help them keep their social life active and stay in touch with things that are important to them.
Inform them of any solicitations they should be aware of.
While scams are not targeted solely to elders, older people may be more prone for falling for them if they aren’t fully aware. When elders have people keeping them informed of any solicitations going on, they are less likely to get conned by someone trying to steal their identity or money.
Make sure they stay active.
Activity is important for everyone, no matter the age. Getting enough exercise every day will help to curb depression and activate “happy hormones.” Staying active can also prolong that person’s life and decrease chances for abuse.
Elders should be responsible and aware of their own finances.
While it’s normal for older people to entrust another family member to help manage their finances, they should ultimately be the one in control of them. By knowing where the money is going, elders are less likely to become victims of financial abuse.
Be selective with caregivers.
Caregivers are supposed to care for the elderly, but unfortunately some will put elders at risk. If possible, look for trusted people who can provide additional care for the elderly in your family. This could be other family members or very close friends. If this is not plausible and you are looking for a caregiver, you will want to do a thorough screening, and be sure to observe how the caretaker interacts with and treats the older person. Keep close tabs on the elder’s behavior and changes in mood or appearance, as these can give off signs of abuse.

Gov. Holcomb Public Schedule for June 14

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INDIANAPOLIS – Below find Gov. Eric J. Holcomb’s public schedule for June 14, 2019.

Friday, June 14: Allison Transmission Expansion Announcement

WHO:              Gov. Holcomb
Indianapolis Mayor Joe Hogsett
Executives from Allison Transmission

WHAT:            The governor will give remarks.

WHEN:            10 a.m., Friday, June 14

WHERE:         5100 W. 10th St.

                        Indianapolis, IN 46204
Click here for event layout and parking instructions.

Richard Eugene Cline

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Richard Eugene Cline, 39, of Boonville, Indiana passed away June 12, 2019 at his home.
He was born on November 3, 1979 in Indianapolis, Indiana to Terry Lee Cline and the late Elizabeth Schumacher (Gibbs).
Richard worked in the manufacturing of firearms and management at Freedom Ordnance. He was a devoted fan to the Chicago Bears and enjoyed woodworking. He also loved grilling (no matter what the weather was like), working on many projects around his home and attended Calvary Baptist Church.
Richard is survived by his wife of 7 years, Carrie (Rudolph) Cline; daughters, Daushinay, Pantarah, Aislinn; son, Kashada; father, Morgan Schumacher; sisters, Kim Wilson (William), Monica Koehl (Marty), Kelly Schumacher (Albert); brother, Terry Cline; siblings in law, Melanie (Kelly) Powers; nieces and nephews, Melanie Keely Wally, Michael Keely, Bryce Koehl, Tava Koehl, Chase, Mia, and Ruby Cline, Kassidy, Morgan and Grayson, Caitlin, Matthew and Hallie.
A Celebration of Life private service will be held at a later date. Friends unable to attend may send condolences to the family at www.KoehlerFuneralHome.com.

To send flowers to the family of Richard Eugene Cline, please visit Tribute Store.

Kosair Charities and The Kids’ Center present The Magic and the Wonder

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Join us for a Vegas-style magic show, right here in Louisville! Bring a date, friends, or the whole family to see world-famous performers Kevin James, The Inventor and star of the Broadway hit “The Illusionist”, Jessica Jane – Magician & Entertainer, and Stephen Bargatze, as well as local magicians Patrick and Janice Miller, while supporting a great cause.

All proceeds benefit Kosair Charities and Kids’ Center for Pediatric Therapies.

Close-up magic in the lobby begins at 6:00 PM!

EPD REPORT

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EPD REPORT

Head-on Crash is Deadly for Freelandville Husband and Wife

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Knox County – This afternoon at approximately 4:34, Indiana State Police responded to a two-vehicle crash on SR 159 north of Bicknell that killed a Freelandville couple and injured a Vincennes man.

Preliminary investigation revealed John B. Buck, 71, of Freelandville, was driving his 2002 Jeep northbound on SR 159 approximately ½ mile north of Brocksmith Road. Joshua A. Roark, 27, of Vincennes, was traveling southbound on SR 159 approaching Brocksmith Road when for unknown reasons drove left of center and collided head-on into Buck’s vehicle. John Buck and his wife, Rita Buck, 71, were both pronounced dead at the scene of the crash. Roark was airlifted to St. Vincent Hospital in Evansville where he is being treated for serious injuries. SR 159 was closed for approximately 3 hours while troopers investigated the crash. This is an on-going investigation.

Deceased:

  • John B. Buck, 71, Freelandville, IN (Family has been notified)
  • Rita A. Buck, 71, Freelandville, IN

Investigating Trooper: Master Trooper Jim Dotson, Indiana State Police

Assisting Troopers: Sergeant Kylen Compton, Master Trooper Randy Huddleston, Master Trooper Gary Goodman and Trooper Nick Hatfield

Assisting Agencies: Knox County Sheriff’s Department, Bicknell Police, Knox County Coroner’s Office, Knox County EMS, Bicknell Fire Department and Vigo Twp. Fire Department

Vanderburgh County Recent Booking Records

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https://www.vanderburghsheriff.com/jail-recent-booking-records.aspx

“IS IT TRUE” JUNE 13, 2019

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We hope that today’s “IS IT TRUE” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way.

IS IT TRUE we are pleased that local Channel 14 TV News has decided to end each broadcast day with the playing of the Star Spangled Banner? …we give five (5) cheers to the management and staff of Channel 14 TV for showing American pride?
IS IT TRUE the former City Council President and Finance Chairman John Friend, CPA predicted three years ago that starting in 2018 the City of Evansville will be experiencing a budget meltdown was spot on?  …John Friend also predicted that the 2019 city budget shall be financial disasters?  …he also predicted that the only ways the city can balance future budgets are increasing taxes, make major budget cuts or lay off employees?
IS IT TRUE its obvious that the City of Evansville doesn’t have a revenue problem but they do have a spending problem?
IS IT TRUE that serval years ago the Evansville DMD invested well over $535,000 to purchased a dilapidated and vacant CVS building  located on North Main Street?  …the DMD leased this property to a medical group and they allegedly invested about a million dollars in order to meet their needs?…we are expecting that any day the DMD will sell this property to a private investor for a mere $178,000?
IS IT TRUE we wonder if the two fiscal conservatives on the Evansville City Council will be very quiet during the 2019 budget hearings?
IS IT TRUE that the City of Evansville Employee Hospitalization fund currently has a deficit of $3 million plus million dollars?
IS IT TRUE the number one cause for a divorce is marriage?
IS IT TRUE that the City County Observer readers are once again encouraging us to consider publishing a printed newspaper? …when former CCO editor and celebrated innovation CEO from Palm Springs, California was asked about the CCO publishing a printed newspaper his answer was surprising?…Mr. Wallace quickly pointed out that newsrooms across the country that are delivering print products are on a 20 year shrinking spree with most newsrooms having less than half of the reporters they had 10 years ago and many are down to 10% of their peak that came in the 1990s?
IS IT TRUE that Mr. Wallace has advised the CCO to be very careful about going into the newspaper print business because that has been a proven financial loser for more than a decade?…he also realizes that the quality of journalism has gone way down due to the lack of revenue?
IS IT TRUE Researchers with The Leapfrog Group assessed  a couple of thousand plus hospitals using safety data to compile the ratings? …Reachers at Leap Fog Group also stated that patients at “D” and “F” hospitals face a 92% higher risk of avoidable death?  …that Henderson Methodist received an ‘F” rating by the Leap Fog Group and Deaconess Midtown and Gateway had A’s?  …both St. Vincent-Evansville and Owensboro Health both had B’s.
IS IT TRUE that sometimes mergers, Affiliate or ACO” agreements between two entities or partial buy-outs sometime result in providing better healthcare and sometimes they don’t? …bigness is not always better? …the bottom line is that the people of Western Kentucky are the real losers in the grade of F being handed to a formerly excellent Henderson. Kentucky based hospital?
IS IT TRUE if the past and current administrators of Henderson Methodist Hospital would had purchased a book entitled “Working Outside The Box” written by our good friend Joe ‘Jack’ Wallace (a native of Western Kentucky) they may have gotten a better rating from Leap Frog Group than a F?
IS IT TRUE A big part of serving traditional Neapolitan pizza is cooking that pizza in the traditional Neapolitan way?  …that means one thing — a wood-fired oven?

…Pangea, has a hand-built, Acunto wood-fired pizza oven, made by a family-owned company in Naples, Italy?  … that four generations of the Acunto family have built this oven, using the same designs and materials as generations of Neapolitans before them? …we predict you can taste the difference when a pizza is cooked in this oven at Pangea-Evansville?  … the homemade Gelato at Pangea is heavenly?  …we highly recommend that you try the infused Liquor specially drinks because they’re absolutely  well balanced and truly one of a kind?

Todays “Readers Poll’ question is: What source do you get your daily news from?
If you would like to advertise in the CCO please contact us at City-County Observer@live.com
Footnote: City-County Observer Comment Policy. Be kind to people. Personal attacks or harassment will not be tolerated and shall be removed from our site.
We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language and insults against commenters shall not be tolerated and will be removed from our site.
Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.

CHOOSING THE RIGHT HOSPITAL

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CHOOSING THE RIGHT HOSIPITAL

Think about the last time you purchased a car or a major appliance. Did you do your homework? Did you compare features, warranties, costs?

Now think about the last time you or a family member went to the hospital. You probably didn’t even know you might have a choice. And it’s unlikely that you compared services or quality, because few resources exist to help you choose the best care.

Leapfrog is changing that. By publicly reporting critical safety and quality information, we can help you find the best care for you and your family. And by making transparency the norm in health care, we’re helping hospitals achieve the best care possible for their patients.

Aren’t All Hospitals The Same?

Up to 440,000 people die every year due to preventable medical errors.

In short, no. In some hospitals, patient safety and high-quality are top priorities. Strong health care teams reduce infection rates, put checks in place to prevent mistakes, and ensure strong lines of communication between hospital staff, patients, and families. But some hospitals trail behind. In fact, medical errors are the third-leading cause of death in this country, surpassing the number of deaths caused by car accidents, breast cancer and HIV/AIDS.

That means that it’s critically important that you choose a hospital with a good track record on keeping its patients safe from harm. The Leapfrog Hospital Safety Grade rates hospitals on the very basics of medical care, such as handwashing, entering prescriptions through a computer, and the availability of qualified nurses. So no matter the reason for a hospital visit, patient safety should be your number one priority. Jump over to the Leapfrog Hospital Safety Grade to see how your community’s hospitals score on safety.

What Else Is important To Know?

Safety isn’t the whole picture. Leapfrog works with over 50 leading medical experts to identify safety, quality, and resource use measures that have a demonstrated impact on patient care. We then ask hospitals to report on those measures and showcase exactly what they’re doing to improve.

  • If you or a family member needs surgery, see how your hospital compares on mortality rates of certain high-risk procedures.
  • If you are pregnant, find out how your hospital does on maternity care metrics like C-sections and managing high-risk deliveries.
  • If you’re concerned about a seriously-ill parent or family member, look at ICU staffing protocols and how the hospital prevents injuries and dangerous infections.
Search Now
Ready to compare hospitals?

Make an informed decision for your care.

What If My Hospital Does Poorly, Or Doesn’t Report At All?

If you’re unhappy with your hospital’s performance, don’t be afraid to talk to hospital leadership. You can ask them what may have contributed to their rating and what they are doing to improve. You can also utilize the location tools on the Leapfrog Hospital Survey and the Leapfrog Hospital Safety Grade to find hospitals nearby that provide better care. You have the right to choose the best hospital for you and your family.

Nearly half of hospitals nationwide reported to the Leapfrog Hospital Survey. But there are still too many hospitals unwilling to provide patients and purchasers the information they need to make better health care decisions. If your local hospital does not report to the voluntary Leapfrog Hospital Survey, ask them why not.

Never refuse care in an emergency because of the hospital’s grade on the Leapfrog Hospital Safety Grade or performance on the Leapfrog Hospital Survey, but use the information as a guide for planned events and a research tool for potential emergencies.

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