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Flood Victims Consider Suing State, County And South Bend

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IL for www.theindianalawyer.com

Flood victims in the South Bend area are considering filing a lawsuit against the state, county and city.

The South Bend Tribune reports that Edward and Wanda Walton have served the Indiana Department of Transportation, St. Joseph County and the city of South Bend with a “notice of tort claim.” The action is legally required step before a person can sue a body of government in Indiana.

The Waltons lost their home and most of its contents during record rainfall Aug. 15.

The notice says residents suffered from the flood because of the governmental entities’ negligence in controlling the increased runoff from the recently completed U.S. 31 project.

The notice indicates that their attorney, Charles Rice, might seek class action certification from a judge if he files a lawsuit.

“We are investigating this and served the tort claims notice on the state, county and city,” Rice said.

Rice has sent the county a request for public records that includes records related to the Phillips Ditch, a county-maintained drainage ditch that crosses U.S. 31 and runs northwest through the neighborhood, along with records pertaining to surface water runoff into the ditch and impact of the state’s realignment project.

In an email to the newspaper, Indiana Department of Transportation spokesman Doug Moats said “it’s been documented that the area in southern South Bend, in the region of the new U.S. 31 corridor, has had high water issues for many years when there is a substantial rainfall. This has been occurring since before the new U.S. 31 was constructed.”

Moats said they sympathize with everyone who was affected by the flooding and that they are “communicating with St. Joseph County to investigate whether cooperation on this matter could help.”

USI bounces back with 3-1 victory

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The University of Southern Indiana women’s soccer team scored two in the first half and one in the final seconds to defeat Maryville University, 3-1, Sunday afternoon at Strassweg Field. USI rises to 4-1-0, 1-1-0 Great Lakes Valley Conference, while Maryville goes to 1-2-0, 1-2-0 GLVC.

The Screaming Eagles struck for a pair of first half goals to lead 2-1 at the end of the first 45 minutes. USI junior midfielder Carlie Scales (Evansville, Indiana) put the Eagles on top, 1-0, at the 4:32 mark when she intercepted a Maryville attempt to clear and found the back of the goal for her first goal of the year.

After Maryville knotted the game 1-1 by converting a penalty kick at 26:23, sophomore forward Ryley Hancock (Evansville, Indiana) scored when a Maryville clear ricocheted off of her and into the goal. The goal was Hancock’s second of the season.

In the second half, the Eagles and the Saints battle up-and-down the field with neither team gaining an upper-hand until there was 11 seconds remaining when senior forward Gabriella Korte (St. Louis, Missouri) scored the final USI goal in the 3-1 victory. Korte was assisted on the play by senior defender Kelsey Smith (Evansville, Indiana).

Between the posts for USI, sophomore goalkeeper Emily Hopkins (Greenfield, Indiana) went the distance for the Eagles. Hopkins posted her second win by making six saves and allowing the one goal on a penalty kick.

The Eagles hit the road for the first time in 2016 next week when they travel to Quincy University September 16 and Truman State University September 18. The next home games come September 23 and September when the University of Wisconsin-Parkside and Lewis University visit Strassweg Field.

Hot Jobs in Evansville

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Eagles end Augustana Inv. with three-set win

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Senior middle hitter Amy Zwissler (Bloomington, Indiana) finished with 10 kills and five blocks to lead University of Southern Indiana Volleyball to a 26-24, 25-18, 25-19 victory over Chadron State University in their final match of the Augustana Invitational Saturday afternoon.

Junior libero Shannon Farrell (Munster, Indiana) had 28 digs and was named to the All-Tournament team as the Screaming Eagles snapped a three-match skid. Farrell averaged 6.42 digs per set in the four matches at the Augustana Invitational.

In the opener, USI (5-3) fought off set-point by winning three straight rallies to edge Chadron State and take a one-game lead in the match. Following a Chadron State service error that tied the frame at 24-24, freshman outside hitter Mikaila Humphrey (Floyd Knobs, Indiana) and junior middle hitter Te’Ayla Whitfield (Fort Wayne, Indiana) had back-to-back kills to give USI the two-point win.

The Eagles used a 9-2 run in the second frame to turn a one-point lead into a commanding 17-10 advantage. Humphrey had five of her nine kills in the second set as USI held on for the seven-point win.

Following a USI timeout in the third frame, the Eagles scored three straight points and won eight of the next nine rallies to turn an 11-11 stalemate into a comfortable seven-point cushion. Farrell had 16 of her season-high 28 digs in the final frame as USI scored the six-point win to end the match in three sets.

Sophomore setter Erika Peoples (Bloomington, Illinois) had 34 assists and a pair of aces to aid the Eagles, while junior defensive specialist Jessica Lee (Mackinaw, Illinois) and sophomore defensive specialist Haley Limper (Springfield, Illinois) added 15 and 11 digs, respectively.

USI returns to action Tuesday at 6 p.m. when it travels to Nashville, Tennessee, to take on NCAA II Midwest Region foe Trevecca Nazarene University. The Eagles open Great Lakes Valley Conference play Friday at 7 p.m. when they host William Jewell College at the Physical Activities Center.

Short Box Score (Match)

Univ. of Southern Indiana Volleyball

Southern Indiana vs Chadron State (Sep 10, 2016 at Sioux Falls, SD)

Southern Indiana def. Chadron State 26-24,25-18,25-19

Southern Indiana (5-3)

(Kills-aces-blocks) – Zwissler, Amy 10-0-5; Humphrey, Mikaila 9-0-0; Whitfield, Te’Ayla 7-0-2; Jung, Amanda 6-0-5; Stose, Lindsey 6-0-0; Farrell, Shannon 1-0-0; Morris, Shelbi 1-0-0; Limper, Haley 0-1-0; Peoples, Erika 0-2-1; Totals 40-3-7.0. (Assists) – Peoples, Erika 32. (Dig leaders) – Farrell, Shannon 28; Lee, Jessica 15; Limper, Haley 11; Morris, Shelbi 8

Chadron State (1-7)

(Kills-aces-blocks) – Gaby Varela 10-2-3; Rudy Leasau 7-0-1; Alia Brennan 6-0-1; Stephanie Wilson 4-0-2; Kenzie Chrisman 3-0-4; Madison Webb 2-0-0; Deyzha Samuelu 1-0-1; McKenna McClintic 1-0-1; Emily Bruce 0-1-0; Totals 34-3-7.0. (Assists) – Madison Webb 26. (Dig leaders) – Emily Bruce 24; Sierra Winkle 13; Gaby Varela 9; Madison Webb 9; Rudy Leasau 8

 

ACES defeats Kent State To Complete Dunn Hospitality Tournament

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Aces earn 3-2 win over Golden Flashes

An exciting 3-2 victory by the University of Evansville volleyball team over Kent State put the finishing touches on the Dunn Hospitality Tournament on Saturday night at the Carson Center.

Evansville (2-7) earned the win over Kent State (4-6) in the days final game after falling to Dayton earlier in the day by a 3-0 score.  The Flyers went a perfect 3-0 in the tournament.

In the finale against the Golden Flashes, Mildrelis Rodriguez led the way with 18 kills while Rocio Fortuny notched 16.  Rachel Tam finished with 11.  Jelena Merseli had a strong 45 assists while four players had double figure digs, led by 15 from Rodriguez and Olivia Goldstein.  Drew Norberg led KSU with 19 while Kelsey Bittinger notched 17.

“To see this time to rise to adversity like they did was not easy, especially for a young team.  We showed great maturity and got everyone involved,” Aces head coach Manolo Concepcion said.  “I am proud of the attention we are paying to the process.  This is a big win for us, especially for the RPI that Kent State has.  It is great to see Rachel rising in that moment of the game and a lot of props to Mildrelis too.”

Fortuny had five kills in the opening frame as the Aces grabbed a 25-22 win.  UE took a 5-3 edge before Kent State rallied back to lead 8-7.  From there, the Aces were able to regroup as a Merseli kill helped UE go back up 17-11.  Just when it looked like UE would cruise to the win, KSU fought back.  Trailing 22-17, the Golden Flashes scored five in a row to tie it up.  That is when Fortuny struck again as her kill gave the Aces the lead for good as they won, 25-22.

It was all Aces in the second set as Rodriguez posted four kills.  Evansville jumped out to a 4-1 lead and held a 14-10 advantage before KSU punched back.  They scored three in a row, but Evansville countered, extending its advantage back to four at 18-14.  From there, the Aces were able to extend the lead, holding on for a 25-19 win to take a 2-0 lead.

Kent State put it together in the third set, taking a 6-1 lead before cruising to a 25-14 win.  The Aces got off to the better start in the fourth game, holding strong with a 14-10 lead.  The second half of the set belonged to KSU, however, as they took their first lead at 20-19 and won by a 25-20 final to force a fifth and deciding game.

Once again, the Golden Flashes had the hot hand early on, taking an 8-4 lead, but the Aces stormed their way back.  A Rachel Tam service ace got the Aces within one before they tied it up at 9-9.  Consecutive KSU errors saw UE take a 12-10 lead before the Golden Flashes were able to tie it up at 13-13.  With the match on the line, UE regained its composure as Fortuny and Tam each notched kills to finish off the 15-13 win.

UE opened the day against the Flyers, falling 3-0.  A competitive opening frame saw the Flyers take the early 8-4 advantage.  Evansville showed its fight, closing the gap to just one at 11-10.  Later, the Aces trailed 22-18, but Rachel Tam brought the squad back.  Two kills saw her give UE a 23-22 lead before Dayton roared back, scoring the final three points to clinch the set, 25-23.

From there, it was all Flyers as they grabbed a 25-15 win in the second game before capping off the match with a 25-13 triumph.  Jessica Sloan led UD with 16 kills while Amber Erhahon notched 11.  Fortuny led the Aces with 8 kills with Cathy Schreiber and Rachel Tam notching seven apiece.  Merseli had 22 assists.

The final non-conference tournament for UE is set for next weekend as they travel to Jacksonville, Ala. For the Gamecock Classic.  The Aces will face Kennesaw State, Louisiana Monroe, Jacksonville State and Nicholls State.

 

OTTERS CLINCH DIVISIONAL SERIES, ADVANCE TO CHAMPIONSHIP SERIES

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The Evansville Otters used an eight-run second inning to power their way to the Frontier League Championship Series on Saturday night.

Chris Breen led off the top of the second inning with a double to deep center to get the big inning started. The next batter, Jeff Gardner, drew a walk and then Nik Balog struck out for the first out of the inning. Chris Sweeney grounded into a fielder’s choice to the Slammers’ third baseman, Jake Gronsky, but Sweeney was able to beat the throw to first base to prevent the double play and keep the inning alive. With runners at first and third base, John Schultz drew a walk to load the bases. That brought up Julio Rodriguez with two out in the inning. Rodriguez would reach on an infield single, allowing Breen to score the first run of the game. The two- out rally continued, as a wild pitch allowed Sweeney to score and then Rolando Gomez had a base hit up the middle, scoring Schultz and Rodriguez, making it a 4-0 lead.

Josh Allen drew a walk and after a first pitch ball to Christopher Riopedre, Joliet decided to make a pitching change. Slammers’ Starting Pitcher, Chris Rice, exited the game after just 1.2 innings pitched and Zach Hirsch took over. Riopedre worked a two-out walk against Hirsch, loading the bases and bringing up Breen for the second time in the inning. Breen worked the count full, and then put the exclamation point on the inning with a grand slam to deep left center field. The eight runs with two outs in the inning gave Preston Olson a comfortable lead as he took the mound for the bottom of the second inning.

Preston Olson took the ball on short rest for Evansville, and was effective for the Otters all night long. Joliet was threatening to score in the second inning, with the bases loaded and two outs, but Olson was able to get out of the jam with a strikeout swinging. Joliet would score on Olson in the third and fourth innings but the lead was still in tact at 8-2 heading into the fifth inning. Olson worked two more scoreless innings and exited after six full innings of work, in good position for the win.

Joliet would score two more runs in the seventh inning against Tyler Thompson to make it 8-5, but that was as close as the Slammers would get. Ken Frosch came on in the seventh to get the final out, before working a scoreless eighth inning as well. Randy McCurry closed it out in the ninth, securing the 8-5 victory for the Otters. The victory clinched the Divisional series, sending Evansville to the Frontier League Championship Series.

The Evansville Otters will face the River City Rascals in the Frontier League Championship Series, starting next week at Bosse Field. The Otters will have home-field advantage for the Championship Series, and will play two home games at 6:35 p.m. on Tuesday and Wednesday night.

For more information on purchasing playoff tickets, or for any questions, please contact the Evansville Otters office at 812-435-8686 ext 21.