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SEPTEMBER 12, 16 “READERS FORUM”

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THIS IS WHATS ON OUR MIND TODAY!

WHAT DO YOU THINK THE REAL ISSUES FACING OUR NATION IN THE NEXT SEVERAL YEARS ARE?

 

EDITOR FOOTNOTE:  “IS IT TRUE” will be posted on this coming Wednesday.

Todays READERS POLL question is: WHO WOULD YOU VOTE FOR IF THE ELECTION WAS HELD TODAY FOR DISTRICT #3 VANDERBURGH COUNTY COMMISSIONER?

Please take time and read our newest feature articles entitled “BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

City County Observer has been serving our community for 15 years.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistribute.

The Indiana Court of Appeals Reversed Summary Judgment In Favor Of Construction Supplier

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The Indiana Court of Appeals Reversed Summary Judgment In Favor Of Construction Supplier

Jennifer Nelson for www.theindianalawyer.com

on its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants’ claims that the lawsuit was time-barred.

V. Ganz Builders and Development Co. Inc. signed an application for a line of credit with Michigan-City based Pioneer Lumber Inc. The company also signed a credit account agreement and VGB president Vladimir Ganz secured the line of credit with a personal guaranty agreement.

Both the line of credit and the credit account had unpaid balances as of January and February 2006. Pioneer filed its lawsuit in November 2012 alleging VGB had breached the credit account agreement by failing to make timely payments on its purchases and that Ganz had defaulted on the guaranty agreement by failing to pay VGB’s debts.

VGB didn’t assert that Pioneer’s claims were time-barred by the six-year statute of limitation on actions on accounts and contracts not in writing under I.C. 34-11-2-7 until it filed a counter motion on Pioneer’s motion for summary judgment as to liability and damages.

The trial court granted summary judgment as to liability in favor of Pioneer. At a bench trial on damages, the court awarded Pioneer more than $61,000 in unpaid balances, finance charges and attorney fees.

VGB filed a motion to correct error, which was denied, leading to the appeal.

The COA rejected Pioneer’s claims that the VGB’s motion to correct error wasn’t timely filed and that the appellants can’t challenge the trial court’s ruling because they didn’t timely appeal after the summary judgment ruling. Judge Terry Crone pointed out that the summary judgment order was interlocutory because the court didn’t rule on every issue.

The appeals court ruled that VGB is entitled to summary judgment on its statute of limitations defense. For purposes of I.C. 34-11-3-1, the phrase “date of the last item proved in the account on either side” means the last charge to or the last payment made on the accounts governed by the line of credit. Based on the six-year statutory limitations period, Pioneer had to bring its claims by January and February 2006, but did not. And Pioneer designated no contrary evidence in its response to VGB’s counter motion for summary judgment. Crone also wrote that Pioneer’s assertion on appeal that the statute of limitations was tolled by Ganz’s oral promise in December 2007 to satisfy the debt in full is unsupported by any citation to authority, and therefore waived.

Ganz is also entitled to summary judgment on the statute of limitations defense regarding the personal guaranty claim. Even assuming that Pioneer gave Ganz several additional months to pay the debt, its claim against Ganz accrued more than six years before it filed the complaint, so it was untimely.

The case, V. Ganz Builders and Development Co., Inc., and Vladimir Ganz v. Pioneer Lumber, Inc., 64A03-1602-CC-432, is remanded for further proceedings.

Funding Terrorism: U.S. Reportedly Gave $33 Billion to Iran…In Cash and Gold

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Funding Terrorism: U.S. Reportedly Gave $33 Billion to Iran…In Cash and Gold

Katie Pavlich for TOWNHALL

Over the past weeks there has been much controversy surrounding the $400 million cash payment made to Iran and delivered by cargo plane in the middle of the night in exchange for four American hostages. Cash of course is the currency of terrorists because unlike digital transfers, it cannot be tracked. Iran is unabashedly the world’s largest state sponsor of terror.

When the news first broke, the White House and the State Department strongly denied the payment was ransom, said it was part of the nuclear agreement and argued the payment was money owed to the Iranians since the 1970s. As pressure and evidence began to mount, the State Department finally admitted the cash was in fact paid to the Iranians with the promise hostages would be released.

But now, reporting from the Washington Free Beacon shows the U.S. may have paid Iran as much as $33.6 billion in cash.

Iran may have received an additional $33.6 billion in secret cash and gold payments facilitated by the Obama administration between 2014 and 2016, according to testimony provided before Congress by an expert on last summer’s nuclear agreement with Iran.

Between January 2014 and July 2015, when the Obama administration was hammering out the final details of the nuclear accord, Iran was paid $700 million every month from funds that had previously been frozen by U.S. sanctions.

A total of $11.9 billion was ultimately paid to Iran, but the details surrounding these payments remain shrouded in mystery, according to Mark Dubowitz, executive director at the Foundation for Defense of Democracies.

In total, “Iran may have received as much as $33.6 billion in cash or in gold and other precious metals,” Dubowitz disclosed.
The White House and State Department have admitted it is not unlikely at least some of the money paid to the Iranian regime will be used to fund terrorism. Keep in mind Hezbollah, one of the largest terror networks in the world funded by Iran, was responsible for more American deaths than any other terrorist organization prior to September 11, 2001.

Indiana State Police Release “Drive Sober or Get Pulled Over” Results”

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Indiana State Police Release “Drive Sober or Get Pulled Over” Results” Indiana- Recently, the Indiana State Police, the Governor’s Council on Impaired & Dangerous Driving and the Indiana Criminal Justice Institute participated in the national and statewide 2016 Drive Sober or Get Pulled Over enforcement mobilization which occurred Aug. 12 through Sept. 5. Officers from more than 250 state and local law enforcement agencies, and thousands more across the country, conducted high-visibility patrols encouraging drivers against drinking and driving. Drive Sober or Get Pulled Over is an annual enforcement effort supported by federal funding allocated to Indiana State Police from the Traffic Safety division of ICJI. Officers worked overtime to conduct sobriety patrols and checkpoints around the clock. According to ICJI, in 2015, there were 4,828 alcohol-impaired collisions in Indiana, resulting in 92 fatalities. This is a 26.5 percent decrease in the number of alcohol-impaired collisions, and a 9 percent decrease in resulting fatalities, from 2014. The below information is Indiana State Police statistics only and do not include local law enforcement agencies results. The statistical information is from August 12th through September 5th. • Traffic citations: 1,132 • Warning citations: 1,059 • DUI defendants: 11 • Police services: 98 • Crashes investigated: 3 • Criminal arrests: 53 • Felony arrests: 13 • Suspended license arrests: 65 • Seatbelt citations: 522 • Child restraint citations: 18 Indiana law enforcement agencies have been actively involved in the Drive Sober or Get Pulled Over campaign for over 20 years. For more information regarding the Drive Sober or Get Pulled Over enforcement mobilization campaign, please visit www.nhtsa.gov/drivesober. -30- MYERS All suspects are presumed innocent until proven guilty in a court of law Register with Nixle.com to receive news releases and other information from the Indiana State Police Follow ISP on Twitter and get breaking news from ISP as it’s sent to media: https://twitter.com/Indstatepolice For updates about ISP activities ‘friend’ our Face book site at: Indiana State Police Public-Information-Office.

2016 Wandering Owl Beer & Wine Trail 

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The 2016 Wandering Owl Beer & Wine Trail will take place on Saturday, October 15, from 3:00-6:00 p.m. at Wesselman Woods. Stroll along the network of trails surrounding the Nature Center, enjoying live music from Salt The Earth, and sampling a variety of beer, wine & food from local vendors.

Tickets are $50 and are available both online and at the Nature Center. Online tickets do incur a processing fee.

To preserve the quality of this event, tickets are limited to 250. Please note, this event is for ages 21 and over. Please be prepared to show ID at the entrance to the event.

DEACONESS EDITORIAL

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Submit 0 – worst care possible
Submit 1
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Submit 7
Submit 8
Submit 9
Submit 10 – best care possible
Would you recommend this emergency room to your friends and family?
Submit Definitely no
Submit Probably no
Submit Probably yes
Submit Definitely yes

thinking about the 30 days before this visit, how many times did you go to this emergency room to get care for yourself for any reason? Please include the emergency room visit you have been answering questions about in this survey.

Submit 1 time
Submit 2 times
Submit 3 times
Submit 4 or more times
In the last 6 months, how many times have you visited any emergency room to get care for yourself? Please include the emergency room visit you have been answering questions about in this survey.
Submit 1 time
Submit 2 times
Submit 3 times
Submit 4 times
Submit 5 to 9 times
Submit 10 or more times
Not counting the emergency room, is there a doctor’s office, clinic, or other place you usually go if you need a check-up, want advice about a health problem, or get sick or hurt?
Submit Yes
Submit No
Before you left the emergency room, did a doctor or nurse tell you what the new medicines were for?
Submit Yes, definitely
Submit Yes, somewhat
Submit No
Before you left the emergency room, did someone tell you to make an appointment with a doctor to follow-up about your problem?
Submit Yes
Submit No

LEAVING THE EMERGENCY ROOM
Before you left the emergency room, did you understand what your main health problem was?
Submit Yes
Submit No
Before you left the emergency room, did you understand what symptoms or health problems to look out for when you left the emergency room?
Submit Yes
Submit No
Before you left the emergency room, did a doctor or nurse tell you that you should take any new medicines that you had not taken before?
Submit Yes
Submit No
PEOPLE WHO TOOK CARE OF YOU
Please answer the following questions about the people who took care of you during your emergency room visit.
During this emergency room visit, how often did doctors, nurses, or emergency room staff introduce themselves to you the first time they came to take care of you?
Submit Never
Submit Sometimes
Submit Usually
Submit Always
During this emergency room visit, were you kept informed about who was in charge of your care?
Submit Yes, definitely
Submit Yes, somewhat
Submit No
During this emergency room visit, how often did nurses treat you with courtesy and respect?
Submit Never
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Submit Always
During this emergency room visit, how often did nurses listen carefully to you?
Submit Never
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During this emergency room visit, how often did nurses explain things in a way you could understand?
Submit Never
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During this emergency room visit, did nurses spend enough time with you?
Submit Yes, definitely
Submit Yes, somewhat
Submit No
During this emergency room visit, how often did doctors treat you with courtesy and respect?
Submit Never
Submit Sometimes
Submit Usually
Submit Always
During this emergency room visit, how often did doctors listen carefully to you?
Submit Never
Submit Sometimes
Submit Usually
Submit Always
During this emergency room visit, how often did doctors explain things in a way you could understand?
Submit Never
Submit Sometimes
Submit Usually
Submit Always
During this emergency room visit, did doctors spend enough time with you?
Submit Yes, definitely
Submit Yes, somewhat
Submit No
During this emergency room visit, did doctors and nurses give you as much information as you wanted about the results of these tests?
Submit Yes, definitely
Submit Yes, somewhat
Submit No
An interpreter is someone who helps you talk with others who do not speak your language. During this emergency room visit, did you need an interpreter?
Submit Yes
Submit No
During this emergency room visit, did you get medicine for pain?
Submit Yes, definitely
Submit Yes, somewhat
Submit No
During this emergency room visit, did the doctors and nurses do everything they could to help you with your pain?
Submit Yes, definitely
Submit Yes, somewhat
Submit No
During this emergency room visit, did you have a blood test, x-ray, or any other test?
Submit Yes
Submit No

During this emergency room visit, did you have any pain?
Submit Yes, definitely
Submit Yes, somewhat
Submit No

Governor Pence Directs Flags be Flown at Half-staff for Patriot Day

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Indianapolis – Governor Mike Pence is directing flags at state facilities statewide be flown at half-staff Sunday, September 11 in honor of Patriot Day. Flags should be lowered at sunrise and remain at half-staff until sunset on Sunday, September 11.

Governor Pence also asks businesses and residents across the state to lower their flags to half-staff to pay tribute to the men and women who were injured or lost their lives in New York City, Washington and Pennsylvania following the terrorist attacks on September 11, 2001.

 

Trump/Putin Bromance

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Adopt A Pet

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 Doug is a 2-year-old male black & white cat. He’s a laid-back, quiet, somewhat nervous cat who really needs a home soon for his own well-being. His $30 adoption fee includes his neuter, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

 

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.”

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