Home Blog Page 4443

COA allows med mal case to continue

0

Marilyn Odendahl for www.theindianalawyer.com

A woman with severe back pain will be able to pursue a medical malpractice claim against her orthopedic surgeon after the Indiana Court of Appeals ruled that the clock on the two-year statute of limitations does not start until the patient discovers the malpractice.

Diane Zelman underwent spinal fusion in May 2010 to stop the pain in her lower back. After the procedure, the surgeon, Francesca Tekula, M.D., told Zelman the surgery was more involved than original expected with the discovery of a second cyst and the decision to do a second-level fusion.

Zelman felt “intense pain” following the surgery and shared her concerns with Tekula but the surgeon maintained everything was fine. The patient sought out different specialists, receiving injections and pain medications along with physical therapy. She also met with another surgeon who told Zelman that a second back surgery would be “brutal” and had no guarantee it would be alleviate her discomfort.

In 2014, Zelman underwent a second back surgery. Afterward, the surgeon, Michael Coscia, M.D., said he had found there was no fusion. Also there were no pedicle screws which is extremely unusual since the screws are used as part of a fusion.

The next year, Zelman filed with the Indiana Department of Insurance a proposed complaint alleging medical negligence against Tekula and Central Indiana Orthopedics. The defendants filed a motion for summary judgment which the Delaware Circuit Court granted. Specifically, the court found Zelman had the ability to discover the alleged negligence before the statute of limitations deadline which was March 1, 2013.

A unanimous Indiana Court of Appeals reversed the trial court in Diana Zelman v. Central Indiana Orthopedics, P.C., and Francesca D. Tekula, M.D., 18A02-1705-PL-1121.

Citing David v. Kleckner, 9 N.E.3d 147, 152-153 (Ind. 2014) and Booth v. Wiley, 839 N.E.2d 1168, 1172 (Ind. 2005), the appellate panel held the two-year limitation starts when the claimant either knew of the malpractice or learned of that facts that leads to the discovery of the malpractice.

The Court of Appeals pointed out that Zelman consulted several medical professionals and was initially discouraged from undergoing a second surgery.

“Given that the second surgery was required to discover the malpractice, and given that it was described as brutal with no guarantee of success, we cannot say as a matter of law that Zelman was not reasonably diligent when she did not have the second surgery sooner than she did,” Judge Elaine Brown wrote for the court. “Thus, we hold that a genuine issue of material fact exists as to when Zelman’s pain and diligent pursuit would have led her to discover that medical malpractice was the cause.”

Aces back in action against Oakland City, UIC

0

EVANSVILLE, Ind. – The University of Evansville women’s basketball team wraps-up a two-game homestand against Oakland City at 7 p.m. on Thursday before hitting the road for UIC for a 3 p.m. showdown on Saturday.

The Purple Aces (2-6) are coming off a narrow 82-75 loss to Morehead State on Sunday. Evansville opened the game on a tear, as the Aces shot 63.6% from the field in the first quarter including going a perfect 8-8 from the charity stripe to take a 24-12 lead after 10 minutes of play. In the second quarter, the Aces increased their lead to 20 at 35-15 before the Eagles sprinted back to cut Evansville’s lead to just 38-34 at the half. UE continued to hold its lead throughout the third quarter, but in the final frame Morehead State battled back to take the lead as the Eagles rallied late for the 82-75 win.

Graduate guard Hannah Noe led the Aces in scoring for the fourth time this season, recording 17 points, while junior center Kelsi Scott and senior guard Brooke Dossett both chipped-in double-digit scoring performances with 16 and 15 points, respectively. Morehead State was led by Darianne Seward who scored 31 points and Miranda Crockett who added 25.
The Aces open the week with a Thursday matchup with Oakland City at 7 p.m. inside Meeks Family Fieldhouse. The Aces and Oakland City are meeting for the 25th time on Thursday, but just the third matchup since 1983. Evansville is 19-5 all-time against the Mighty Oaks and the Aces are currently on a five-game winning streak in the series. In the last contest between the two, Evansville earned a 108-68 victory over OCU on December 6, 2016 inside the Ford Center. The two sides last met in Meeks Family Fieldhouse on Feb. 8, 1983 when the Aces earned an 83-59 triumph over the Mighty Oaks. Oakland City enters Thursday’s matchup with a 2-5 record and is coming off a 126-55 loss in an exhibition at Ball State on Sunday.

Wrapping-up the week, Evansville travels to downtown Chicago to take on UIC at 3 p.m. on Saturday afternoon. UE and the Flames have done battle 12 times with the Aces owning a 9-3 advantage in the series. The two sides have not met since November 25, 2006 when Evansville earned a 69-53 win on the road at UIC. In the series, the Aces currently own a five-game winning streak with the last win for the Flames coming in a 60-55 UIC win during the 1989-90 season. UIC enters the matchup with a 5-3 overall record and is fresh off a 73-70 victory on December 8 over Eastern Michigan.

2018 City Council Meeting Information for 2018

0

CITY OF EVANSVILLE COMMON COUNCIL

1 N.W. Martin Luther King, Jr. Blvd. Room 314
Evansville, Indiana 47708

The Common Council of the City of Evansville, Indiana will hold its regular meetings for 2018 at 5:30 p.m. on the dates listed below. The meetings will be held in Room 301 of the Civic Center, 1 N.W. Martin Luther King, Jr. Blvd. A separate notice will be sent to the media for any cancellations or special meetings scheduled.

SCHEDULED COMMON COUNCIL MEETINGS FOR 2018

Monday, January 8, 2018

Monday, January 22, 2018

Monday, February 12, 2018

Monday, February 26, 2018

Monday, March 12, 2018

Monday, March 19, 2018

Monday, April 9, 2018

Monday, April 23, 2018

Monday, May 7, 2018

Monday, May 21, 2018

Monday, June 11, 2018

Monday, June 25, 2018

Monday, July 9, 2018

Monday, July 23, 2018

Monday, August 13, 2018

Monday, August 27, 2018

Monday, September 10, 2018

Monday, September 24, 2018

Monday, October 8, 2018

Monday, October 22, 2018

Monday, November 12, 2018

Monday, November 26, 2018

Monday, December 10, 2018

Monday, December 17, 2018

Sheriff Holds Jail Overcrowding Meeting with Area State Legislators

1
On Friday, December 08, 2017 Sheriff Dave Wedding hosted a meeting between state legislators and area sheriffs concerning issues affecting local jails.

Overcrowding and the continuing impact of House Bill 1006 were discussed at length. HB 1006 took effect in 2015 and immediately caused low-level felons serving time at the state department of corrections to be returned to their home counties to finish their sentences.

Sheriff Wedding explained, “A huge part of the issue is that most jails are simply not equipped to handle inmates with addiction and mental health issues. We know that the majority of our inmates suffer from drug and alcohol dependence or mental illness, which in turn plays a significant role in causing them to re-offend once released.” Sheriff Wedding added, “The goal of this recent meeting was to provide a forum for local and state government officials to share ideas and collaborate on solutions.”

The Sheriff’s Office wishes to thank the following elected officials for taking the time to attendFriday’s meeting: Vanderburgh County Commissioner Bruce Ungethiem, State Representative Wendy McNamara, State Representative Holli Sullivan, State Senator Vaneta Becker, State Senator Jim Tomes, State Representative Ryan Hatfield, State Representative Tom Washburne, Posey County Sheriff Greg Oeth, Knox County Sheriff Mike Morris, Pike County Sheriff Jeremy Britton, and Vanderburgh County Prosecutor Nick Hermann.

 

 

40th Anniversary Commemoration Of 1977 UE Plane Crash Set For Today

0

A 40th Anniversary Commemoration of the 1977 University of Evansville Plane Crash will take place today at 7:00 p.m.

The ceremony will be held at Memorial Plaza on the UE campus and is open to the Evansville community and the general public.  In the event of inclement weather, the ceremony will be moved inside Neu Chapel.

The Air Indiana Flight 216 crashed at 7:22 p.m. on the evening of December 13, 1977 carrying the University of Evansville men’s basketball team along with coaches, administrators, fans and flight crew.  Those gathered will observe a moment of silence at that time during the candlelight vigil.

A candle lighting will commence the service which also includes a reading of the names of those who perished in the plane crash and a bell ringing during each interval.  University of Evansville President Dr. Thomas A. Kazee will provide a statement followed by the singing of the UE alma mater, prayers and bagpipes.

Following the ceremony, an opportunity for informal gathering and fellowship will be offered in Ridgway University Center’s 1959 Gallery and Lounge.  Neu Chapel will also be open for personal prayer and meditation throughout the evening.

IS IT TRUE DECEMBER 13, 2017

4

We hope that todays “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?”

IT TRUE we have been told that the Vanderburgh County maintenance department budget may have a major deficit shortfall for this year?  …the reason for this budget shortfall is that the overtime pay of the hourly County maintenance garage employees went $250,000 over budget?  …we wonder how county officials will find the money to cover this unexpected budget shortfall in this year’s maintenance department budget?

IS IT TRUE that another talented person who came to Evansville from outside the Tri-State bubble has decided to leave town?…this time it is Bryan Knicely who came in from Florida to become the Executive Director of the Evansville Museum who has decided to move on to greener pastures?…Mr. Knicely honored the three year contract that he signed when he came to town but will not accept any renewal of his contract?…being  that Evansville is not a place that is known for honoring the contracts for non-profit leaders, we are lucky that Mr. Knicely and the Museum Board of Directors broke ranks with recent history and did the right thing by honoring their contract?…the CCO has kept an eye on the Evansville Museum and wishes to than Bryan Knicely for the excellent job that he has done and wish him well in his next endeavor wherever that may be?

IS IT TRUE that the heroin and opioid epidemic continues to claim lives in the City of Evansville has to be driving the Vanderburgh County Coroner nuts?…it looks like 2017 is going to end the year with a 40% increase in deaths due to opioids, heroin, or Fentanyl?…a record for such deaths was set in 2016 when 50 people died from overdoses and the count for 2017 is rapidly approaching 70?…it is not known whether these deaths were suicides or just mistakes that people made who did not understand how to use street drugs after spending many years on doctor prescribed pain killers?…the resurgence of heroin and the more lethal Fentanyl happened for the most part because the medical industrial complex was handing out opioids like candy for over a decade creating a small army of drug addicts who just don’t fit the mould?…there are many lessons to be learned from this mess and the first is that pain is best dealt with in other ways?

IS IT TRUE that we are pleased to report that the Toyota plant in Princeton is growing by 400 jobs?…this will provide 400 people with high wage jobs and increase the production of Toyota Siena minivans and the large Toyota Sequoia Sports Utility Vehicles?…it is hard to imagine the Tri-State without Toyota?…it is not well known that several of the good old boy control freaks in Evansville were against the Toyota plant because they didn’t want to compete with Toyota for skilled labor?…that is an example of being willing to keep the whole region down to fatten up their own wallets?

IS IT TRUE we are distressed to report that the Don’s Cleaners on Barker Avenue was broken into and all of the cash in the building was stolen?…there are still some places in Evansville where it is not safe to keep cash and this is one of them?

IS IT TRUE it was recently reported by a local main stream news outlet that five (5) members of the Evansville City Council met at the office of their party Chairman Scott Dank’s to discuss reorganization issues facing them in January-2018? …this gathering was  in violation of the State of Indiana closed door meeting law since a formal vote was not taken on any issues discussed at this gathering?
Todays “Readers Poll” question is: Do you feel that the West Franklin Street parking vote should had been be tabled by City Council?
Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS”.  You now are able to subscribe to get the CCO daily.
If you would like to advertise in the CCO please contact us City-County Observer@live.com.

 

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

Commentary: How Houses Become Homes

0

By John Krull
TheStatehouseFile.com 

INDIANAPOLIS – History matters.

Place matters.

People matter.

John Krull, publisher, TheStatehouseFile.com

Those are the lessons I glean from chatting with three couples who have built lives and raised families in historic Herron-Morton Place neighborhood. We’re talking as part of a documentary marking the 50thanniversary of the creation of the Indianapolis Historic Preservation Commission.

All three families – the Osilis, the Greens and the Ranasinghe-Rutts – have lived in their homes, sturdy, stately structures dating from the late 19th century, for more than 15 years. Their stories are tales of reclamation and redemption, of building their present lives on the foundations of the past.

It wasn’t always easy.

Dan Green and Kristi Allen-Green are police officers.

When they first bought their home in 1998, Dan says, people looked at them funny because the neighborhood was part of “Dodge City,” a high-crime area. He and Kristi each had police cruisers to drive, which they parked in front of their house. That reassured the neighbors, he adds, but it didn’t solve every problem.

“Even then, I caught people smoking crack in the alley,” he says. “Had a guy passed out in my front yard with no pants on. My daughter found him. Caught people, crackheads, stealing my neighbor’s’ stuff off of their porch. So, there was a lot of that stuff that goes. It doesn’t just happen magically.”

Kristi says she loves how much the neighborhood has changed.

Thirty years, while working undercover, she says she “bought dope” at a house just around the corner from where she and her family now live.

“Now, it’s this palatial mansion,” she laughs.

All three families say they have spent years, decades in total, working on their homes. They talk – a little ruefully, a lot lovingly – about the care and maintenance old houses require.

Why did they do it?

They like the connection with the past.

Kishan Ranasinghe and Victoria Mara Rutt, both self-employed, had no intention of buying an old house when they looked at their current home during an estate sale. But the grand staircase spoke to them of a lost elegance. They were enchanted.

Vop Osili, an Indianapolis-Marion County Council member and an architect, fell in love with his home twice. He spotted it first more than 20 years ago, when he and his father, who was battling cancer, took a drive through Herron-Morton. They parked at a corner just across from his current home and noted the beauty of the flagpole, the flag flapping in the breeze, the strong trees, the stolid grace of the house itself.

When he and his wife, Una, a dean at Indiana University, were looking for a home seven years later, they found the house was on the market. He mentioned the earlier moment to her, they looked at the house and knew they’d found a place to raise their children.

Kristi Allen-Green’s home once was owned by Virginia Keep, an illustrator for Hoosier poet James Whitcomb Riley. Kristi says she likes to think of Riley spending time in her home.

But the real satisfactions, she says – and her neighbors echo this – come from the ways these old homes enhance lives.

Kristi says that too often people are entranced “by the newest, greatest thing.” Sometimes, the old ways are the best.

She says these houses have dining rooms that invite families and friends to sit down, break bread and spend time together. Victoria Mara Rutt says that, because the yards are close together and the garages are detached, neighbors see each other frequently and often linger to talk and catch up.

Kristi says front porches are a crucial component of neighborliness.

“Sitting on your front porch … that’s inviting people to come up and speak and talk to you,” she chuckles. “That’s how I met the Osilis. we were on the porch. Then we were all fast friends.”

This neighborhood, like so many others, didn’t save itself.

It came together because the people who live here worked and cared and because government encouraged them with tax credits and other forms of support.

By working together, these neighbors created a place where history matters.

Where place matters.

Where people matter.

FOOTNOTE: John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits” WFYI 90.1 Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Jerusalem – Israel’s Capital

1

Jerusalem – Israel’s Capital

Written By Mark Hurt Is A Republican Candidate For United States Senate

We are approaching the season of the year when many of our thoughts will turn to Jerusalem. Some will sing songs and others will review the history of the people who first declared that city to be holy. The season of Chanukah begins on December 12 and extends to the 20th, and of course we Christians celebrate the Christmas season 5 days later. To this day the typical greeting among our Jewish brothers and sisters at various times but particularly at Passover and at the end of the Seder meal is, “le-shanah ha-ba’ah bi-Yerushalayim,” “Next year in Jerusalem.” The fact is that Israel calls Jerusalem its capital, and the US Embassy is located in the nation’s capital of every country with whom we had diplomatic relations, except for Israel. That error of history was rectified by President Trump this week and I commend the Administration for their decision.
Historically, Israel has been a staunch democratic ally. Earlier this year, I mentioned my support for President Trump’s campaign promise to move the US Embassy from Tel Aviv to Jerusalem. With so many of the President’s initiatives and campaign promises stalled because of inaction by Congress, both by the recalcitrant democrats as well as republicans, this was a laurel waiting to be seized. No Congressional approval is necessary, just a campaign promise the President of the United States honored, not by Executive Order, but merely acting to enforce an existing Congressional mandate. President Trump promised he would; President Trump kept his promise.
In 1995 the 104th Congress, by a unanimous voice vote, approved the Jerusalem Embassy Act. That act stated that the USA should recognize Jerusalem as the capital of Israel and move our embassy there. Did I say it was a unanimous vote? Despite that approval, Presidents Clinton, Bush, and Obama failed to act to move the embassy. It has become a political football that has been punted for 24 years. Oh, there are a variety of reasons routinely proffered: Palestine will be upset, it might be considered by some an act of war, it will stall the Israeli-Palestinian peace talks (how are they going?), it will cause hard feelings among Israel’s neighbors, and the old favorite, the United Nations will be angry. It is quite likely that not moving the embassy will not motivate Palestine to be a closer friend of the USA — the last 24 years suggests not.
There was even the fear expressed by at least three administrations that moving the embassy from Tel Aviv to Jerusalem because of a Congressional vote muddies the water between the auspices of Congress and the sole power invested by the Constitution in the Executive Branch to execute foreign policy. While some of the warnings about such a move may have credibility, I believe it was definitely time to make sure our actions follow our words. President Trump did just that – he moved the embassy.

Since the 1995 act, the President must stipulate in writing every six months that it is not in the best interests of the USA to make the move at that time. By beginning the process to move the embassy on December 1, 2017, the current administration honored one more campaign promise that the electorate voted for, and also assured Israel that the USA can be depended on to honor its international ethical commitments. Thank you President Trump and Vice President Pence.

FOOTNOTES: Mark Hurt is a Republican candidate for United States Senate in the State of Indiana in 2018.

This article was posted by the CCO without opinion, bias or editing.