American Sewing Guild to meet Tuesday June 27
Summary judgment affirmed for Conour associate in legal malpractice case
Olivia Covington for www.theindianalwyer.com
A former associate of now-disgraced Indianapolis attorney William Conour scored a victory in the Indiana Court of Appeals Friday when the court found he did not breach a duty to one of Conour’s clients who accused him of providing inaccurate or misleading information.
After being severely injured in a head-on collision in April 2010, Rene DiBenedetto hired Conour of the Conour Law Firm to represent her. Timothy Devereux was an associate at the firm at that time, but he was not assigned to DiBenedetto’s case.
DiBenedetto’s case ultimately settled, with an initial $50,000 insurance settlement awarded to her in January 2011. However, the settlement proceeds were not paid out by the following summer, so DiBenedetto and her father went, unannounced, to the law office to ask about the money.
Conour was not present, so Devereux agreed to speak with her. Devereux consulted with a paralegal and the firm’s case-management software and ultimately advised DiBenedetto that she would not receive the funds until an underinsurance claim had been settled. He then further advised DiBenedetto to follow up with Conour for more specific information.
The underinsurance claim was settled in September 2011, but DiBenedetto once again never received the $50,000 award from that settlement. Devereux, concerned about Conour’s business practices, resigned from the firm in December 2011. Conour was ultimately charged in 2012 with stealing $ 4.5 million from at least 25 clients, including the $100,000 from DiBenedetto. Conour is currently serving a 10-year sentence in West Virginia after pleading guilty in 2013 and has also resigned from the bar.
DiBenedetto brought a legal malpractice claim against Devereux, alleging he was negligent and had breached his fiduciary duties and contractual obligations by not providing her with accurate information. The trial court granted summary judgment to the attorney, and during oral arguments before the Indiana Court of Appeals in April, Devereux, representing himself, said it was “common practice†for attorneys to hold money in trust while settling underinsurance claims.
A majority of a panel of the Indiana Court of Appeals accepted that argument, finding that Devereux had not breached any duty owed to DiBenedetto. Judge Robert Altice, writing for the majority joined by Judge Patricia Riley, said Devereux owed DiBenedetto a duty to provide truthful, accurate, non-misleading information during their one-time meeting in the summer of 2011, but that as a matter of law, that duty had not been breached.
During trial, DiBenedetto designated the affidavit of an attorney who said Devereux “should have taken some actions to protect DiBenedetto by investigating further†once he realized the funds had not been disbursed after several months. But Devereux pointed to the similar case of Devereux v. Love, 30 N.E.3d 754, 757 (Ind. Ct. App. 2015), in which the appellate court held his decision not to discuss his concerns about Conour with clients did not amount to a breach of duty.
Further, Devereux designated his own attorney affidavit that claimed it was “common practice that medical bills or liens are frequently not resolved with the payment of limits by the underlying tortfeasor’s carrier… .†Thus, because Devereux had no reason to suspect Conour of wrongdoing at the time of his meeting with DiBenedetto, his advice was not inaccurate or necessarily misleading.
“Devereux’s duty was to provide DiBenedetto with accurate information, and he did just that,†Altice wrote.
However, Judge Terry Crone dissented, writing in a separate opinion there exists at least a genuine issue of material fact as to whether an attorney-client relationship existed between Devereux and DiBenedetto, considering that Devereux did not tell DiBenedetto she could not rely on him for advice in her case.
Further, Crone wrote that “(s)imply because attorneys ‘generally’ handle certain cases in a certain way does not mean that the procedure always complies with the Professional Conduct Rules adopted by our state’s highest court.†Thus, Crone said he would reverse the grant of summary judgment and remand the case for trial.
In addition to summary judgment, Devereux also sought an award of attorney fees in the case, but the appellate panel rejected that request, finding DiBenedetto’s appeal was not brought in bad faith. Crone also would deny the attorney fees.
The case is Rene DiBenedetto v. Timothy Devereux, 49A05-1609-CT-2146.
Women’s soccer announces 2017 schedule
Aces to play tough schedule this season
 With three-consecutive trips to the Missouri Valley Conference Championship match, the University of Evansville women’s soccer team looks to take the next step to the NCAA Tournament for the second time in three seasons as they embark on the 2017 season.
On Friday, the Purple Aces announced the 2017 slate, which features ten regular season home games.
“I am looking forward to getting back on the field with the team in August and feel that our non-conference schedule will challenge and prepare us for conference play,†Aces head coach Krista McKendree said.
On August 9, UE will play one of two exhibition contests. That day, the Aces face defending Ohio Valley Conference Champion SIU Edwardsville. The Cougars also made a splash in a trip to the NCAA Tournament, defeating Notre Dame on penalty kicks in the opening round. Two days later, preseason play wraps up with a trip to Murray State.
Southeast Missouri State will mark the regular season opener at home on Friday, August 18. It is also the Go4TheGoal game, which helps to benefit kids with cancer. Game time is 7 p.m. Last year, the teams played to a 0-0 tie in Cape Girardeau. That contest is the first of three at Arad McCutchan Stadium to begin the 2017 campaign. On August 20, UE welcomes UT Martin before the homestand is completed on the 25th versus IUPUI. The Jaguars were 9-7-3 in 2016.
A trip to Fort Wayne on August 27 will mark the first road contest before the squad returns home for a high-profile match against Illinois. The Fighting Illini come to town on Friday, September 1 for a 1:30 p.m. match. It is the first home match against a school from the Big Ten Conference since 2010 when Indiana University came to town.
Later that weekend, the Aces make a quick trip to Bowling Green, Ky. to take on Western Kentucky. The Hilltoppers were 12-6-1 last year; the teams play on Sunday, Sept. 3.
Another 3-match homestand commences on Sept. 8 with a match versus Miami Ohio. The Aces defeated the RedHawks by a final of 2-0 last year in Oxford. The annual contest to benefit Multiple Sclerosis research will be held on Sept. 10 against Morehead State before the home non-conference slate wraps up against Saint Louis on the 15th. The Billikens are coming off of a solid 14-4-2 campaign.
Evansville makes a quick trip to Middle Tennessee State on Sept. 17 before returning home to start MVC play. The conference opener will take place at home on the 22nd against Loyola. UE then takes to the road for a pivotal swing, beginning on Sept. 30 at UNI. Last year, the Aces grabbed a 3-1 win over the Panthers. The month of October begins with a trip to defending champion Illinois State on the 7th. The Redbirds were 14-6-3 in 2016 and defeated the Aces in the league championship by a 2-1 final.
It is back home for the squad on Oct. 14 for a big match-up against Drake. The Bulldogs notched 12 wins last year, but it was UE taking the head-to-head matchup by a 1-0 fina.
The Aces head north on Route 41 to Terre Haute to take on the Sycamores on October 18 before coming back to McCutchan Stadium for the home finale, which is also Senior Day as they will play Missouri State. The final match of the regular season will see the Aces face Valparaiso for the first time as members of the MVC. That game is set for October 26.
Opening round play of the MVC Championship will be held on campus sites on Oct. 29 with the league championship taking place from November 3-5 at Missouri State.
Meeting Cancellation
Meeting Cancellation Notice
The Evansville Police Merit Commission scheduled meeting for
Monday, June 26, 2017 has been cancelled.
The next scheduled meeting of the Police Merit Commission will be on
Monday, July 10, 2017, in Room 307 of the Civic Center Complex at 2:00pm, following the appointment and awards ceremony at the Victory Theater at 1:00pm.
Notice submitted by Sgt. Doug Schneider,
Liaison to the Evansville Police Merit Commission
VANDERBURGH COUNTY FELONY CHARGES
 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.
Nicholas Thomas Alexandr Prince: Possession of a synthetic drug or synthetic drug lookalike substance (Level 6 Felony)
Thomas McNeel White: Theft (Level 6 Felony)
John Christopher Rowlett: Possession of methamphetamine (Level 6 Felony)
Patricia Louise LaTouche: Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)
Robert Alonzo Sallee: Robbery (Level 5 Felony), Residential entry (Level 6 Felony), Domestic battery (Level 6 Felony)
Matthew P. Bishop: Theft (Level 6 Felony)
Kelly Jean Decorrevont: Neglect of a dependent (Level 6 Felony), Possession of marijuana (Class B misdemeanor)
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Series opener against Miners postponed
Series opener against Miners postponed
Friday’s Riley Children’s Foundation Princess and Superhero Night between the Southern Illinois Miners and Evansville Otters has been postponed due to wet field conditions.
With the postponement, the Miners and Otters will open the series Saturday at 6:35 p.m. as Evansville celebrates 125 years of Deaconess and the game will feature a postgame fireworks show.
Sunday’s Bob’s Gym Day and Family Fun Day will now be a doubleheader with first pitch of game one at 4:05 p.m. Game two will follow approximately 30 minutes after the conclusion of game one and both games on Sunday will be seven innings. Gates open one hour prior to first pitch.
Riley Children’s Foundation’s Princess and Superhero Night will occur later in the season and the makeup date for that theme night is still being determined. Once that information is finalized, updated information will be shared on Otters social media platforms and at evansvilleotters.com.
Fans with tickets for tonight’s postponed game will be able to use them at a future 2017 game.
Also, fans with ticket vouchers from Riley should hold on to their coupons. Those coupons can be redeemed at the new to-be-determined Princess and Superhero Night.
This is the second game in the last week for Evansville impacted by weather. Sunday’s game at Washington was suspended after two innings due to rain with the Otters leading 2-0. The game will be finished when the Wild Things come to Bosse Field July 21-23 and details for that are still being finalized.
Tickets for Saturday and Sunday against Southern Illinois are still available by going to evansvilleotters.com or calling 812-435-8686.
Fans can listen live on 91.5 FM WUEV and watch on the Otters Digital Network. Lucas Corley (play-by-play) and Bill McKeon (analysis) along with Preston Leinenbach will provide coverage.
Subscriptions for ODN are now on sale and more information can be found at evansvilleotters.com
The Evansville Otters are the 2006 and 2016 Frontier League champions. Group packages and single game tickets are now on sale. For more information, visit evansvilleotters.com or call 812-435-8686.