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UE Professor Phil Plisky Receives United Methodist Exemplary Teacher Award

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University of Evansville associate professor of physical therapy Phil Plisky was the recipient of the 2016 United Methodist Exemplary Teacher Award presented at UE’s winter commencement exercise on December 14. The award is presented each year by the General Board of Higher Education and Ministry of the United Methodist Church.

Plisky earned his master of physical therapy degree from UE, and his Doctor of Science degree in orthopedic physical therapy from Rocky Mountain University of Health Professions. A board certified clinical specialist in orthopedics through the American Board of Physical Therapy Specialties, he is also a certified athletic trainer and certified strength and conditioning specialist.

His current research is on comprehensive movement testing and interventions in athletes, military personnel, and school aged children. He has published and presented internationally on return to sport testing, injury prevention, and field expedient movement testing.

Plisky founded and directs the ProRehab and University of Evansville Sports Residency Program. Now in its tenth year, the program has a national reputation and a 100 percent pass rate of its graduates on the board specialty exam in sports physical therapy.

He has received the Mary Bennet Outstanding Teacher award four times. This award is voted on by graduating physical therapy students.

Plisky is an expert in orthopedic and sports physical therapy. He serves as a consultant for collegiate and professional teams and has been instrumental in guiding one major league baseball organization’s injury prevention program over the last several years. He consults with a variety of military organizations, assisting to shape policy and programming decisions related to injury prevention.

Additionally, Plisky has implemented content related to communication, professional development, and leadership into the Doctor of Physical Therapy program  He shares this expertise as director of the Eykamp Center for Teaching Excellence. This position allows him to interact with each new UE faculty member, contributing to their success as effective teachers and sharing up to date research regarding adult learning and communication strategies.

Eagles start 2017 with Bluefield State

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The 11th-ranked University of Southern Indiana men’s basketball team begins the 2017 calendar year with a three game homestand, beginning January 2 at 7 p.m. when it hosts Bluefield State University (1-10) at the Physical Activities Center.

The Screaming Eagles finish the homestand by restarting the Great Lakes Valley Conference schedule by welcoming William Jewell College to the PAC January 5 at 7:30 p.m. and Rockhurst University January 7 at 3:15 p.m. The USI-Rockhurst contest will feature the annual USI Alumni Association Soup and Hot Dog Dinner at the game.

Game coverage for the homestand, including live stats, video stream, and audio broadcasts, is available at GoUSIEagles.com. The games also can be heard on WEOA 98.5FM/1400AM and 95.7FM The Spin.

USI Men’s Basketball vs. Week 8 Quick Notes:

  • USI moves up in national rankings.The University of Southern Indiana rose in the national rankings, moving to 11th in the D2SIDA/Media Top 25 and 20th in the NABC Division II Top 25. The number 11 ranking is the highest for USI since 2013-14.
  • Eagles start new year 11-0. USI finished the 2016 portion of the season with an 11-0 record after defeating Martin Methodist College, 100-62, and Kentucky State University, 99-54. USI is 11-0 for the sixth time in the history of the program.
  • Taylor named GLVC Player of the Week.Senior guard Jeril Taylor was named the GLVC Player of the Week for the second time this year after averaging 22 points and 8.7 rebounds per game versus Bluefield College, Martin Methodist, and Kentucky State. Taylor is the first Eagle to earn the award twice in a season since Keith DeWitt in 2012-13.
  • For the season.Senior guard Jeril Taylor leads the team through 11 games with 19.1 points and 7.7 rebounds per game. Sophomore guard Alex Stein follows with 18.8 points per outing, while junior forward Julius Rajala is follows with 5.3 rebounds per appearance.
  • USI at home.Sophomore guard Alex Stein has been the Eagles’ leader at home this year, posting 19.7 points per game, while senior guard Jeril Taylor is averaging a double-double, 17.0 points and 11.5 rebounds per contest.
  • Dishing assists.Junior guard Marcellous Washington has tied a season-high the last two games, dishing eight assists per game versus Martin Methodist and Kentucky State.
  • USi vs. Bluefield State.USI and Bluefield State will be playing for the first time in the history of the programs on January 2.
  • USI vs. William Jewell.USI leads the all-time series with William Jewell College, 4-0, since the Cardinals joined the Great Lakes Valley Conference in 2011-12.The Eagles won the only meeting at the PAC, 86-48, in 2014-15.
  • USI vs. Rockhurst.USI leads the all-time series with Rockhurst University, 16-1, and has won the last 13 straight versus the Hawks. The Eagles also are 7-0 versus the Hawks at the PAC.
  • USI in the GLVC. The Eagles started GLVC action the first week of December with victories over McKendree University, 104-58, and the University of Illinois Springfield, 86-75. Sophomore guard Alex Stein led the Eagles in the first two GLVC games with 19.5 points and 5.0 assists per game.

NABC/Division II Top 25 (Div. II Official Poll) 
1. Northwest Missouri State (12)
2. Fairmont State, W.Va. (4)
3. Queens, N.C.
4. West Liberty, W.Va.
5. Bellarmine, Ky.
6. Saginaw Valley State, Mich.
7. Angelo State, Texas
8. California Baptist
9. St. Thomas Aquinas, N.Y.
10. Wheeling Jesuit, W.Va.
11. Tarleton State, Texas
12. Barry, Fla.
13. Kutztown, Pa.
14. West Texas A&M
15. San Francisco State, Calif.
16. Drury, Mo.
17. Fort Lewis, Colo.
18. Shippensburg, Pa.
19. Western Washington
20. Southern Indiana
21. Indiana, Pa.
22. Hawai’i Pacific
23. UC San Diego
24. Alabama-Huntsville
25.  Southwest Minnesota State

D2SIDA/Media Poll Top 25
1. Northwest Missouri (11)
2. Fairmont State (1)
3. Bellarmine
4. Queens
5. California Baptist
6. West Texas A&M
7. West Liberty
8. St. Thomas Aquinas
9. Angelo State
10. Barry
11. Southern Indiana
12. Saginaw Valley State
13. Shippensburg
14. San Francisco State
15. Tarleton State
16. Augustana
17. Western Washington
18. Wheeling Jesuit
19. Southwest Minnesota State
20. Limestone
21. Eckerd
22. Quincy
23. Southern New Hampshire
24. Fort Lewis
25. Minnesota State Moorhead

 

 

Police Pension Board Upcoming Meeting

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 Evansville Police Department

Police Pension Board

December 28, 2016

PUBLIC NOTICE

The Evansville Police Department Police Pension Board will hold an Executive Session on Wednesday, January 4, 2017 at 8:15 a.m.  The Meeting will be held in Room 307 of The Civic Center Complex located at 1 NW ML King Jr. Blvd., Evansville, Indiana.

The Executive Session will be closed as provided by:

I.C. 5-14-1.5-6.1(7) For discussion of records classified as confidential by state or federal statute.

Immediately following the Executive Session, a regular Open Session will be held.

Adopt A Pet

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James is a 3-month-old male black kitten. He is the last one remaining of his “Team Rocket” litter. James’ $50 fee includes his neuter, first shots & deworming, microchip, and more! Contact the Vanderburgh Humane Society at (812) 426-2563 or www.vhslifesaver.org for adoption details!

COA: Purchase agreement valid, case against company must go to arbitration

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Olivia Covington for www.theindianalawyer.com

A Kentucky-based houseboat company cannot be forced to refund a deposit to a Henry County couple after the Indiana Court of Appeals found Wednesday that an existing purchase agreement was a valid and binding contract that allowed the company to request arbitration.

In November 2013, Stardust Ventures LLC, a custom houseboat builder in Monticello, Kentucky, reached an oral agreement with Gary and Teresa Roberts on the construction of a customized houseboat. The parties agreed to a price of $775,000 and a delivery of the houseboat in midsummer 2014.

Stardust provided the Robertses with a quote that called for a nonrefundable $10,000 security deposit for a build slot in its facility and payment of 20 percent of the total purchase price before Stardust would begin construction of the houseboat.

The Robertses paid $75,000 to Stardust in November 2013, less than 20 percent of the total price. Stardust, having not yet received the necessary $155,000, decided in January 2014 to contract with Sunstar Houseboats Inc. to build the hull of another houseboat it was constructing in order to create room for the Robertses’ houseboat.

Then in late January, Stardust sent an unsigned purchase agreement to the Robertses without having begun construction of their boat. The couple signed the agreement, along with Jerry Harden, Stardust president.  The agreement included an arbitration clause stating that arbitration belonged solely to Stardust.

In March 2014, the Robertses asked to cancel their agreement with Stardust because construction on their houseboat had not yet begun. The couple then retained counsel to secure the return of their money from Stardust, so Harden sent a letter stating his company was “in the process of collecting the costs related to your construction. The costs of that work will be deducted prior (to) considering a refund.”

Stardust never returned any of the $75,000 and said its offer to return any portion of that cost was a mistake and was against policy because deposits were nonrefundable.  The couple filed a complaint seeking recovery of the full amount their paid, alleging that Stardust never returned a signed copy of the purchase agreement, so their offer to purchase a houseboat from Stardust was validly revoked.

Stardust moved to dismiss to proceed to arbitration, but the Henry Circuit Court dismissed that motion and instead granted the Robertses’ motion for summary judgment and entered a $75,000 judgment in their favor. The couple filed a motion to correct error for prejudgment interest. Stardust filed an opposition motion, but the trial court never held a hearing or issued a ruling.

Stardust appealed the denial of its motion to dismiss and the Robertses cross-appealed, arguing that there were entitle to prejudgment interest as a matter of law.

In the Wednesday opinion, the Indiana Court of Appeals first found that the purchase agreement was valid because Stardust produced a signed copy of the agreement and attached it to its motion to dismiss. Even if Stardust had not signed the agreement, Judge Margret Robb wrote that the company had drafted the agreement and outsourced with Sunstar to make room for the Roberts’ boat, both indications that it intended to abide by the terms of the agreement.

Further, Robb rejected the Robertses’ argument that Stardust had waived its right to arbitrate the dispute. First, Robb wrote, Stardust explicitly stated its decision to invoke its right to arbitration, and second, the company filed a motion to dismiss to arbitration as its first substantive pleading.

“Clearly, Stardust decided early on in litigation that it would rather have the dispute decided by arbitration and did not wait until an adverse final judgment to request arbitration,” Robb wrote.

Thus, the trial court’s grant of summary judgment in favor of the couple was reversed and the case was remanded with instructions to enter an order compelling arbitration.

EPD Activity Report

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EPD Report

Vanderburgh County Recent Booking Reports

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

IS IT TRUE ? December 28, 2016

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IS IT TRUE…….. Evansville was not spared in Monday night’s mall disturbances that took place across the nation?  IS IT TRUE…At about 8:20pm Monday night Eastland Mall security contacted the Evansville Police Department  about a fight that broke out in the food court of the mall and reported that some 50 to 100 individuals were involved. IS IT TRUE…Officers from the City and County Police Departments responded to the call. IS IT TRUE … individuals involved were herded towards the bus terminal in back of the mall where some were placed on buses.  IS IT TRUE…reports were taken and some case numbers were assigned.  Also some of the perpetrators were released to the custody of their parents.

IS IT TRUE…that flash mobs in malls by a group of bored school kids on vacation, that causes the need for a police response the size of last nights response, should be the impetus for some serious discussion in the community, however, there seems at this point in time to be a local media blackout about this incident. IS IT TRUE….that blackout can not be allowed to continue.

Police seeking information in Caleb Luckett homicide case

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The investigation into the death of Caleb Luckett continues. His death has been ruled a homicide. Autopsy results showed Mr. Luckett died from a gunshot wound to the head.
Mr. Luckett was found deceased in a vacant apartment in the Parkside Terrace complex on Monday, December 26th.
Anyone with information about his death is asked to call EPD at 812-436-7979 or WeTip at 1-800-78-CRIME.

COA holds that arbitration exclusion applies to State Farm case

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Olivia Covington for www.theindianalawyer.com

The Indiana Court of Appeals affirmed summary judgment in favor of State Farm Insurance Tuesday, writing that the appellants in the case could not compel arbitration due to an exception in the arbitration agreement it signed with the insurance company.

In Watts Water Technologies, Inc. v. State Farm Fire & Casualty Co. a/s/o Richard Lucka, 45A04-1604-CT-831, Watts Water Technologies and State Farm Fire & Casualty Co. were signatories to a property subrogation arbitration agreement which provided, in part, that the signatories must forgo litigation and submit any claims to Arbitration Forums Inc.

In November 2014, Arbitration Forums informed the parties that effective Jan. 1, 2015, the agreement would be amended to require that, “No company shall be required, without its written consent, to arbitrate any claim or suit if: (i) it is a product liability claim arising from an alleged defective product.”

In July 2015, State Farm, as subrogee of Richard Lucka, filed a complaint alleging that Lucka purchased a water heater with a Watts brand connector, which failed on Nov. 30, 2014, and caused water damage to his home and property. Watts moved to dismiss or stay proceeding and compel arbitration, but the Lake Superior Court denied that motion based on the amendment to the arbitration agreement.

Watts appealed, arguing that the amended agreement did not terminate its right to arbitrate State Farm’s property subrogation claim that accrued prior to Jan. 1, 2015. Further, Watts argued on appeal that State Farm is collaterally estopped from re-litigating the issue of whether the agreement in effect when its claim accrued governs the arbitrability of the claim and that State Farm did not allege a product liability claim subject to the product liability exclusion.

State Farm, however, argued that the amendment made the date of filing determinative, not whether a party could have filed in 2014 or earlier.

The Indiana Court of Appeals disagreed with Watts, writing that Arbitration Forum’s notice of the amendment was not extrinsic and that it did have the authority to amendment the agreement.

Further, Judge Elaine Brown, writing for the unanimous panel, pointed out that the amended agreement stated, “While the use of the Property Program to resolve disputes involving product liability claims arising from an alleged defective product will no longer be compulsory as of January 1, 2015, cases filed prior to January 1, 2015 will remain in arbitration’s jurisdiction and will be processed to hearing.” Such language shows that the filing date is determinative, so State Farm’s claim against Watts, filed July 23, 2015, is not subject to compulsory arbitration, Brown wrote.

In regard to Watts’ argument that State Farm is collaterally estopped from re-litigating the issue of whether the agreement in effect governs whether a claim can be arbitrated, Brown wrote that under the circumstances, Watts could not fairly use collateral estoppel because the various trial court orders from other states that the parties cited each produce different results.

Finally, the appellate panel found that State Farm’s claims on behalf of Lucka did fall into the exclusion to arbitration laid out in the amended agreement.

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