• Drive slowly and don’t pass stopped vehicles. The driver might be dropping off children.
• Park your mobile phone. Avoid distractions by waiting until you’ve stopped to call or text.
• Watch for children darting into the streets. Kids can cross the street anywhere, and most young pedestrian deaths happen in spots other than intersections.
• Yield to young pedestrians. Children might not stop, either because they don’t see your vehicle approaching or they may not know how to safely cross the street.
• Communicate with other drivers. Always use your turn signals, and if you pull off or pick up your kids, turn on your hazard lights.

Costume Tips

• Keep costumes short to prevent trips and falls.
• Try face paint instead of a mask. Masks often obstruct a child’s vision, which makes tasks like crossing the street and going up and down stairs dangerous.
• Make sure children wear light colors or put reflective tape on their costumes.
• Costume props, such as swords, knives, etc., should be short, soft and flexible.

Trick or Treating

• Make sure older children trick or treat with friends. Together, map out a safe route so parents know where they will be.
• Instruct children to stop only at familiar homes where the outside lights are on.
• Encourage children to trick or treat while it’s still light out. If children are out after dark, make sure they have flashlights and travel on well-lighted streets.
• Remind children not to enter the homes or cars of strangers.
• Remember to walk and not run, use sidewalks and cross at crosswalks when possible
• Follow your community’s trick-or-treating hours.

Treats

• Remind children not to eat any of their treats until they get home.
• Check out all treats at home in a well-lighted place.
• Only eat unopened candies and other treats that are in original wrappers. Remember to inspect fruits for anything suspicious.

Homeowners should keep walkways clear of obstacles and well lighted. Keep lit candles and other luminaries away from areas where children will be.
Many communities, schools and churches offer children safe alternatives to trick-or-treating designed to keep children safely within parents’ view. Some hospitals and schools allow children to trick or treat by going from room to room, virtually eliminating the dangers associated with being out walking on the street after dark.
For more information, please visit ISP’s Halloween Safety web page at www.in.gov/isp/2900.htm.

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7th Circuit Affirms Jury Verdict In Railroad Worker’s Suit

Olivia Covington for www.theindianalawyer.com

A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.

In the case of Chance T. Kelham v. CSX Transportation, Inc., 16-1544, Chance Kelham, a CSX employee, was driving a mile-long freight train when he was ordered to stop on a parallel track to enable a higher-priority train to pass. However, a third train that was also supposed to wait on the parallel track failed to stop at a red stop signal, causing it to hit Kelham’s train from behind.

After the collision, the length and weight of Kelham’s train caused it to lurch forward. Kelham testified that he had just begun to walk down three steps to go to the restroom at the time of the lurch, causing him to fall forward in a somersault and injure his back. Further, Kelham said the fall aggravated a preexisting back condition that had not been showing symptoms before the collision but that required surgery afterward. He sued CSX, claiming it had negligently caused his injuries and seeking compensation under the Federal Employers’ Liability Act.

During the jury trial, a mechanical engineer who testified for CSX compared a forward-facing video from the front of Kelham’s train to a video attached to another train of the same make and model, which was used to recreate the motion of the collision. Based on the comparison, the mechanical engineer determined that the lurched caused the train to accelerate at an average of 13 ½ feet per square second, a rate the 7th Circuit Court of Appeals described as “slight” in its Thursday opinion.

The jury found in favor of CSX, prompting Kelham to appeal.

Kelham argued that the engineer’s comparisons were incorrect because they didn’t account for the “bounce and shudder” movement of the train that resulted from the collision, specifically a vertical bounce. But the 7th Circuit Court of Appeals wrote that such a vertical bounce was implausible given the weight of the train and slightness of the lurch.

Further, Kelham also argued that the “bounce and shudder” movements were visible on his train’s video, but the jurors, who were allowed to watch the video, rejected that argument.

The 7th Circuit pointed out that although CSX admitted the negligence of its employees caused Kelham’s fall, Kelham did not tell anyone about the fall for several days after the accident and there were no visible bruises or other injuries on his body.

While the 7th Circuit wrote that it believed Kelham experienced back pain, it also wrote that the railroad company had presented evidence to prove that the pain existed as early as 4 ½ years before the collision, including the testimony of Kelham’s doctor, who said the surgery had been an option before the crash, not a direct result of it.

“State Finals Marching Band Championship at Lucas Oil Stadium and we are very honored to do that. Our group is comprised of woodwinds, brass, percussion, and color guard” North High School Band Director Jay Emmert said.

This is the first time in North High School history the marching band has advanced to state finals.

“We were close to making it to state the prior two years so it’s finally nice to make t the point where we’ve earned out trip to the state finals” Emmert said.

Students say all the band members have worked extremely hard to get to this level. They say a few factors set this year apart.

“We had a lot of dedication especially from our younger members. You know a lot of them this year and they’ve put in a tremendous amount of work and even when times got rough they still pushed and managed to do the best they could” North High Band Member Payton Tucker said.

North High School seniors in the band say they this will be an emotional end to their high school marching careers.

“Enjoyed being a part of it. I’ve been a part of it for five years and this is a really great group of people and I feel truly privileged to be a part of the program” band member Kenan Lochmueller said.

“This is awesome. I’m proud to be ending my high school marching career at Lucas Oil Stadium” Payton Tucker said.

Emmert says it all comes down to Saturday morning when the band performs at the state finals in Indianapolis.

“I think it’s going to be exhilarating I’m super excited to go to Lucas Oil Stadium for the fist time in school history we say a lot that our show is a big party: a big fiesta, and we are taking our fiesta to Lucas Oil Stadium” he said.

North High School isn’t the only school advancing to state finals.

Bands from Mater Dei, Southridge, Forest Park, Boonville, Vincennes Lincoln, Jasper and Castle high schools are also heading to indy this weekend.

The Evansville Police Department employment application deadline is October 31st! Applications are available at the Personnel Office in Room 129 of the Civic Center and at www.evansvillepolice.com. Look for “Become an Officer” on homepage and follow links. Questions? Call Police Personnel and 812-436-4947. #APPLYEPD