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Hot Jobs in Evansville Area
7th Circuit Affirms Jury Verdict In Railroad Worker’s Suit
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.
Area High School Bands Qualify for State Competition
Area High School Bands Qualify for State Competition
“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.
Indiana Joins $41.2M Multistate Settlement with Hyundai, Kia over Fuel Economy Claims
Indiana Will Receive $961,753.73 To Resolve Allegations Of State Consumer Protection Law Violations
INDIANAPOLIS – Indiana Attorney General Greg Zoeller announced a multistate settlement with Hyundai and Kia for $961,753.73 to Indiana that will resolve claims that the companies misrepresented the mileage and fuel economy ratings for some of their model year 2011, 2012 and 2013 vehicles.
 The District of Columbia and 33 states will each receive a portion of the $41.2 million settlement with Hyundai Motor Company, Hyundai Motor America, KIA Motors Corporation, Inc., and KIA Motors America, Inc. The settlement is the result of a multi-state investigation into the companies’ business practices. The participating states argued that the fuel economy estimate adjustments occurred at a time when gasoline prices in the United States were especially high.
 Indiana consumers who purchased the affected vehicles have already received over 3.5 million dollars in restitution from Hyundai and Kia to compensate for the lower-than advertised fuel economy on their vehicles.
 “As Attorney General, it is my responsibility to protect the consumer – all Hoosiers across the state – from misleading and misguiding business practices,†Zoeller said. “This settlement is a win for the consumer. I commend all who worked diligently to resolve this matter.â€
 State and federal law set limits on emissions from vehicles sold in the United States. Before vehicles may be offered for sale in the country, auto manufacturers must conduct testing under mandatory protocols set by government regulators and use the resulting data from that testing to support applications demonstrating their vehicles’ conformity to those standards.
 In November 2012, Hyundai and Kia announced they were adjusting and restating the fuel economy ratings for certain model year 2011, 2012 and 2013 vehicles after it was revealed that the companies had overstated the fuel efficiency of certain vehicles.
 “The auto companies were taking advantage of high gas prices, praying on customers who were looking for fuel-efficient vehicles, by promoting inaccurate fuel economy ratings, which does not uphold the standards of Indiana’s consumer protection laws,†added Zoeller.
 The states alleged that Hyundai and Kia incorporated the inflated and inaccurate data into the estimated mileage ratings displayed on the window stickers of hundreds of thousands of cars in Indiana and across the country. It was also alleged that, in most instances, the auto companies tried to capitalize on the erroneous, inaccurate mileage estimates by making the misleading information the focal point of advertisements and other promotional campaigns.
 Zoeller would like to especially thank the hard work of Deputy Attorney General, Mark Snodgrass, for his dedication and hard work on this case.
 In addition to Indiana, Connecticut, Iowa, Illinois, Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Kansas, Kentucky, Maryland, Maine, Massachusetts, Missouri, Nebraska, New Jersey, New Mexico, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, Washington, Wisconsin and the District of Columbia make up the multistate group.
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Deadline To Apply To Be An Evansville Police Officer Is October 31st
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
Hot Jobs in Evansville Area
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VANDERBURGH COUNTY FELONY CHARGES
 Below are the felony cases that will be filed by the Vanderburgh County Prosecutor’s Office on Monday.
Regina Ann Brown Operating a motor vehicle after forfeiture of license for life, Level 5 felony
Operating a vehicle as a habitual traffic violator, Level 6 felony
Julian Edward Boyd Operating a vehicle as a habitual traffic violator, Level 6 felony
Leaving the scene of an accident, Class B misdemeanor
Ashley Nichole Wheatley Dealing in a narcotic drug, Level 2 felony
Unlawful possession of a syringe, Level 6 felony
Shaundre Mykale Edmonds Attempting, aiding, inducing or causing burglary, Level 4 felony
Tickets for 2016-2017 Broadway In Evansville On-Sale Today!
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Cross Country travels to MVC Championships
Teams set to run on Saturday morning
 EVANSVILLE, Ind. – Tomorrow morning, the University of Evansville men’s and women’s cross country teams will participate in the Missouri Valley Conference Championships.
UNI is the host for the event, which will be held at Pheasant Ridge Golf Course in Cedar Falls, Iowa. First to take the course will be the women for the 5K race before the men run the 8K at 11:30 a.m.
It has been an exciting few weeks for the Purple Aces. Several runners on both squads had stellar outings at the annual UE Invitational at Angel Mounds. Four days later, it was announced that men’s and women’s indoor and outdoor track and field would be added to the UE Athletics Department.
At the UE Invitational, the women took to the course first for their 5K race before the men ran their 8K. Both of the Purple Aces teams came home in second place among Division I teams. Evansville’s duo of Sienna Crews and Hannah Welsh led the way, each coming home in the top five. Crews ran an 18:25.5 with Welsh five seconds behind. They took 4th and 5th, respectively. For Crews, the time was 15 ticks behind her PR, which came earlier this year at the Austin Peay Invitational. Welsh was 11 second off of her best race.
Setting a PR was Ashton Bosler. The sophomore came home in 9th place, running a 19:32.9. It topped her previous time by 13 seconds, which she ran at Austin Peay in September. Taking fourth on the team and 15th in the running order was Michelle Karp. Her time of 19:51.7 was her top time of the year by 28 seconds. Kylie Hasenour rounded out the top five for the Aces, running a 20:50.4 to finish in 29th.
Pacing the men was Ricky Hendrix. The freshman continued his impressive season, earning a 12th place finish, running a 27:20.0. That time was just nine seconds off of his PR. Sophomore Andrew Barrett was second on the squad. His 28:21.1 was good for 32nd. The time was the second-fastest of his college career.
Third for the men was Tucker Dawson. The freshman ran a 28:38.3 to finish in 38th spot. Aaron Cochran was fourth for UE as his time of 28:48.5 put him in 39th while Stanley Chepchieng made it four freshmen in the top five spots, coming in fifth on the squad with his time of 29:09.7.
Adopt A Pet
Xena a female is a 2-year-old female chocolate & white American Staffordshire Terrier. She is friendly with everyone she meets, human and canine, at Cardio for Canines on Saturdays! Her $100 adoption fee includes her spay, microchip, vaccines, and more! Contact the Vanderburgh Humane Society at (812) 426-2563 or www.vhslifesaver.org for adoption details!
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