Sprocket is a 9-month-old male rabbit who was surrendered with his sister Bonnie on March 20th. Their previous owner no longer had time for them. His caregivers describe him as energetic, exploratory, and adventurous. His adoption fee is $50 and he will go home neutered and microchipped. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!
Seriously Injured Truck Driver’s Suit Against Celadon Reinstated
Katie Stancombe for www.theindianalawyer.com
A semi-truck driver who was seriously injured after the contents of his trailer fell on him upon opening the door after transport won a partial judgment against the trucking company responsible for loading the trailer when an appellate panel found the company owed him a duty of care.
Paul Wilkes, an over-the-road truck driver for Knight Transport, was dispatched in January 2014 to pick up a trailer full of empty reusable containers that Cummins Inc. used to house engine parts.
The “returnables,†empty and lubricated with industrial solvents, were routinely shipped from Celadon’s Columbus facility to another facility in North Carolina. The trailer Wilkes was directed to pick up for transport had been loaded by an employee of Celadon Trucking Services, Inc.
Wilkes didn’t notice anything outstanding about the way the containers were stacked prior to transport. But upon arriving at his location and opening the trailer door, Wilkes was struck by cascading trays that spilled out from the top of one of the stacks. He sustained serious injuries, including a broken neck and brain trauma.
Wilkes sued Cummins and Celadon for negligence, arguing that the Celadon employee negligently loaded the trailer. Both companies were granted summary judgment when a trial court concluded neither owed a duty of care to Wilkes.
That decision was partially reversed in Paul Michael Wilkes v. Celadon Group, Inc., et al., 18A-CT-2011, when a panel of the Indiana Court of Appeals concluded that Celadon did not demonstrate it owed no duty to Wilkes, and that it failed to demonstrate the absence of a genuine issue of material fact as to the remaining elements of breach of duty or proximate cause.
Celadon asserted that Wilkes’ opposition of the award of summary judgment was inadequate for several reasons, including the fact that no evidence was designated that:
• Celadon or Cummins assumed responsibility to secure Wilkes’s cargo;
• the load had been defectively placed in the trailer;
• an experienced truck driver such as Wilkes would have failed to appreciate any alleged defect;
• anyone assured Wilkes that the load had been properly secured for him, or;
• that Wilkes did not have an opportunity to inspect the load.
Celadon also focused on Wilkes’ duty to care for his own safety, arguing that the Federal Motor Carrier Safety Regulations squarely imposed a nondelegable duty of inspection upon Wilkes under 49 C.F.R. § 392.9.
But the appellate panel instead accepted Wilkes’ version of the events, noting that the circumstances did not facilitate a realistic opportunity for his inspection of the trailer contemplated by the FMCSRs or common law principles.
“We will not employ either regulations or common law to extinguish all duty on the part of Celadon, who summoned Knight to act in assisting Celadon with its duties as a carrier for Cummins, and who exclusively loaded the freight,†Judge L. Mark Bailey wrote for the panel.
The appellate court further found that Celadon did not show that it was compliant with the industry’s standard of care to block and brace the cargo, and ultimately reversed the award of judgment in favor of Celadon.
However, the panel let stand judgment for Cummins, finding that because Cummins did not have a relationship with Wilkes or any control over the instrumentality that allegedly caused him harm, it did not owe him a duty of care. The COA therefore affirmed summary judgment for Cummins and remanded the case for proceedings in Marion Superior Court.
Senator Braun Embarks on Two-Week ‘Solutions Tour’ Across Indiana
JASPER, IN – Next week, Senator Mike Braun will launch his two-week Solutions Tour to listen to Hoosiers’ thoughts about lowering prescription drug prices, lowering the cost of higher education, and enacting policies that spur economic growth.
“In 100 days, I’ve been able to work with President Trump to lower healthcare prices, confirm conservative judicial nominees, and assist in draining the swamp by working to end congressional pensions,â€Â said U.S. Senator Mike Braun. “My Solutions Tour will give me an opportunity to listen to Hoosiers’ thoughts about my work for them and their solutions for fixing Washington and keeping our economy growing.â€
Senator Braun’s Solutions Tour Stops
For the Week of Monday, April 15, 2019
Tuesday, April 16, 2019 at 10:30 AM ET
Tipton Chamber of Commerce Public Event
Tipton County Foundation Conference Center
1020 West Jefferson Street
Tipton, Indiana
Tuesday, April 16, 2019 at 3:30 PM ET
Roundtable with Ivy Tech President Sue Ellspermann and Governor Eric Holcomb
Culinary and Conference Center
2820 N Meridian Street
Indianapolis, Indiana
Wednesday, April 17, 2019 at 11:30 AM ET
Terre Haute Chamber Lunch
The Red Barn at Sycamore Farm
5001 Poplar St
Terre Haute, Indiana
Wednesday, April 17, 2019 at 4:00 PM ET
Clay County Coffee Hour
Honeysuckle Hill Bee-Stro
6367 North Murphy Road
Brazil, Indiana
Thursday, April 18, 2019 at 11:30 AM ET
Dubois Strong Annual Meeting
Ferdinand Community Center
710 Community Drive
Ferdinand, Indiana
Details for Solutions Tour visits for the week of April 22, 2019 will be released next week.Â
HOT JOBS IN EVANSVILLE
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Early College/Ivy Tech to Celebrate Earth Day with Lecture on Global Warming
This month’s Early College@Ivy Tech Lecture Series will feature an Earth Day presentation by Jon Schrage, Evansville Vanderburgh School Corporation’s Early College High School math and science teacher. The lecture, “Climate Change: What We Know and How We Know It†will be Tuesday, April 23, at 5:15 p.m. in Vectren Auditorium. It is free and open to the public.
Schrage, who holds a Ph.D. in atmospheric science, said to have a constructive conversation about any controversial topic, all parties need to have a shared set of facts.
“In the context of climate change, a lack of shared facts has historically made meaningful debate difficult. The problem is further compounded by the fact that the methods of modern climatology are highly advanced and technical,†Schrage said, and “members of the public erroneously form opinions about “climate†based on personal experiences of ‘weather.â€
In this presentation one day after the official celebration of Earth Day takes place, the nature of our modern state of understanding of climate and climate change will be examined, as well as some of the techniques used to predict future climate trends under different public policy scenarios.
Evansville Vanderburgh School Corporation’s Early College High School is located at Ivy Tech Community College, and its students attend Ivy Tech classes, along with regular high school coursework – many completing an Associate Degree while still in high school, or their General Education Core — 30 credits transferrable to any college in Indiana.
To learn more about Early College High School, go to https://earlycollege.evscschools.com/. To learn more about Ivy Tech and its transfer programs, go to www.ivytech.edu/transfer.
Vanderburgh County Redevelopment Commission April 15, 2019 Meeting Agenda
VANDERBURGH COUNTY REDEVELOPMENT COMMISSION
APRIL 15, 2019, 11:00 A.M.
CIVIC CENTER COMPLEX
ADMINISTRATION BUILDING, ROOM 307
EVANSVILLE, INDIANA 47708
AGENDA
1. Call to Order Â
2. Attendance
3. Approval of Minutes – Meeting of February 21, 2019
4. Action Items
A. A Resolution of the Vanderburgh County Redevelopment Commission Supplementing and Amending Redevelopment Commission Resolution No. 2014-VCRC-05 as Previously Supplemented and Amended
B. Scheduling May 6, 2019 Redevelopment Commission Meeting With Overlapping TIF Tax Districts, TIF Pass Through, and Umbaugh TIF Report
5. Old Business
6. New Business
7. Adjournment
University of Southern Indiana Men’s Track And Field Meet Results
LOUISVILLE, Ky. – The University of Southern Indiana men’s track and field team and sophomore Grady Wilkinson (Mt Carmel, Illinois) record one first-place performance and many top-five performances at the 10th Annual Bellarmine Classic over the weekend.
FIRST-PLACE FINISHER
Wilkinson nabbed USI a first-place performance in the 5000m run that featured strong track and field programs from across all divisions. Crossing the line in 15:28.90, Wilkinson led the way for a big day for distance runners at the meet as two more runners finished in the top five of the event.
TOP FIVE PERFORMANCES
Finishing behind Wilkinson, sophomore Matthew Scales (Newburgh, Indiana) and sophomore Gavin Prior (Mattoon, Illinois) finished fourth and fifth in the 5000m with times of 15:51.53 and 16:03.10, respectively.
Freshman Taylor Mills (Warsaw, Indiana) grabbed a second-place finish in the 3000m steeplechase in 10:08.43 while sophomore Jon Butterbrodt (St Louis, Missouri) placed fifth in 10:29.03.
Junior Darius Payne (Louisville, Kentucky) finished fourth in the 800m run with a USI best 1:55.13. This places him fourth overall on the Great Lakes Valley Conference leaderboard with just a couple of meets left.
Sophomore Tyrell Nickelson (English, Indiana) finished fourth with a jump of 6’0″ in the high jump finals as well.
The 4x400m relay team of freshman Gavin Jacobs (Plainfield, Indiana), freshman Tyler Garrett (Martinsville, Indiana), sophomore Arie Macias (Godfrey, Illinois), and sophomore Demontrae Lapsley (Indianapolis, Indiana) mustered a third-place finish in 3:26.61.
NEXT CHALLENGE
USI has quite the trip on the docket as they set their sites to the prestigious Mt. SAC Relays in Torrence, California and the Bryan Clay Invitational in Azusa, California on April 18-19.
Men’s Golf runners-up in weather-shortened UIS Invite
University of Southern Indiana Men’s Golf snagged its second-consecutive second-place finish at the UIS Spring Invitational on Saturday evening.
The invitational, hosted by the University of Illinois Springfield at the Piper Glen Golf Club, was shortened due to weather concerns in the area for Sunday.
The Screaming Eagles posted a 303 first-round score, behind only Lewis University’s 288, and seven strokes ahead of the host Prairie Stars.
Juniors Zach Breault (Bridgeport, Illinois) and K.O. Taylor (Madisonville, Kentucky) led USI with round scores of 74 each, good for a tie at sixth. Taylor’s round represents the fourth-straight round under 75, dating back to the Parkside Spring Invitational. Breault has improved his score in each of his last four rounds, with 74 tying his second-best performance this season.
Sophomore Nate Caudle (Wayne City, Illinois) posted a 76 for a t-13 finish. Caudle has posted sub-80 rounds in each of his last five, and has posted just one round over 80 dating back to the start of the season in September.
USI Men’s Golf closed the regular season on Saturday, and now begin preparations for the Great Lakes Valley Conference Tournament, beginning April 21 at the Panther Creek Country Club, also in Springfield, Illinois.
Eagles earn Senior Day sweep over S&T
The Screaming Eagles (30-14, 16-4 GLVC) earned an 8-0 win in five innings over the Miners in game one; then rallied for a 3-2 victory over Missouri S&T in the nightcap.
Game 1
Sophomore outfielder Alicia Webb (Elberfeld, Indiana) had an RBI-single in the bottom of the first inning to get the scoring going for the Eagles. USI scored three more times in the third and four times in the fifth to secure the victory via the eight-run rule.
Webb and junior pitcher Jennifer Leonhardt (Louisville, Kentucky) each drove in runs in the third frame, while an RBI-double by sophomore first baseman Haley Shouse (Borden, Indiana) put USI up, 4-0.
The Eagles took advantage of four S&T errors in the fifth inning to score their four runs. Senior outfielder/pitcher Caitlyn Bradley (Forest, Indiana) had an RBI-double, while Shouse and senior catcher Lindsey Barr (Whitesville, Kentucky) each had RBIs in the inning.
Leonhardt (18-5) earned the win in the circle for the Eagles after scattering four hits throughout five innings of work. She struck out eight batters en route to her 11th complete-game shutout of the season.
Game 2
Missouri S&T (13-27, 7-11 GLVC) scored twice in the top of the second inning to take a 2-0 lead over the Eagles.
USI, however, got a run back in the bottom of the fourth on an RBI-double by senior second baseman Claire Johnson (Pittsboro, Indiana), while a two-out, two-run single by Leonhardt in the bottom of the sixth inning put the Eagles in front, 3-2.
Senior pitcher Haylee Smith (Florence, Kentucky) got the start for the Eagles as she gave up the two runs off six hits in three-and-a-third innings of work. Bradley (6-5) picked up the win after blanking the Miners on two hits in three-and-two-thirds inning of relief ball.
Seniors honored
USI’s senior class—Barr, Bradley, Johnson and Smith—were honored following the conclusion of game two. The quartet has helped lead USI to a 152-72 overall record, 74-33 in GLVC play, throughout the last four years and have been a part of two Midwest Region championship teams as well as the 2018 national championship squad.
Eagles drop both ends to Hawks
University of Southern Indiana Baseball dropped both ends of a doubleheader to fourth-ranked Quincy University, 5-3 and 13-2, Saturday afternoon in Evansville, Indiana. USI moves its record to 21-14 overall and 14-9 in the GLVC, while Quincy goes to 27-7, 19-4 GLVC.
Game 1:Â
The Screaming Eagles left of runners on base in five of the nine innings before coming up short in the opener with the Hawks, 5-3.
After spotting Quincy a run in the first, USI rebounded to knot the game, 1-1, with a tally in the bottom of the second when junior third baseman Kobe Stephens(Dale, Indiana) knocked in sophomore leftfielder Aaron Euler (Evansville, Indiana) with a single.
The Hawks regained the advantage in the fifth with a pair of runs and sealed the victory with two more in the sixth for the 5-1 lead. The Eagles bounced back with a pair of runs in the bottom of the seventh to cut the deficit to 5-3 after Stephens crossed the plate on a passed ball and sophomore designated hitter Bryce Krizan (Mt. Vernon, Indiana) scored on a RBI-single by freshman catcher Lucas McNew (Floyds Knobs, Indiana).
USI would strand a runner in the eighth and ninth, but could not close the gap before the last out of the 5-3 final.
Eagles’ senior right-hander Austin Krizan (Mt. Vernon, Indiana) took the loss on the mound for the first time this season. Austin Krizan (4-1) allowed five runs on six hits and five walks, while striking out eight in six innings of work.
Game 2:Â
The Eagles allowed 13 runs between the fourth and eighth innings before dropping a 13-2 decision in the nightcap. .
USI had the first inning lead, 1-0, when sophomore leftfielder Aaron Euler knocked in the run after being hit by a pitch to score senior second baseman Jacob Fleming (Evansville, Indiana ). The Eagles held onto the 1-0 lead until the Hawks posted four-spots in the fourth and fifth to lead 8-1.
Quincy would go on to score one in the sixth and seventh and sealed USI’s fate with a three spot in the eight. USI got one run back in the bottom of the sixth when junior rightfielder Manny Lopez (Santo Domingo, D.R.) hit his sixth round tripper of the season.
On the mound, junior left-hander Paul Perez (Puerto la Cruz, Venezuela) took the loss in his second start of the spring. Perez (2-2) allowed six runs, three earned, on six hits and three walks, in addition to striking out three in 4.1 innings of work.