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COA: Lack of warning signs reinstates suit in fatal crash

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Scott Roberts for www.theindianalawyer.com

The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.

Phillip Jones was driving a truck on County Road 400 West when he struck a car driven by 17-year-old Jacqueline Thomas on County Road 200 North. Jones died as a result of the crash. Drivers on 400 West weren’t required to stop at the intersection, but those on but 200 North were. Thomas had crept up a little bit in the intersection to see if drivers were coming before her car was hit by Jones, who died in the crash.

Nikki Jones filed a wrongful death suit against the Hancock County Board of Commissioners representing her son, alleging the board and highway department owed a duty to protect the users of Hancock County roadways form dangerous conditions. The suit claimed the board did not monitor accidents at the intersection and breached its duty by not installing an alternative traffic control device there. The board said it was immune under the Indiana Tort Claims Act, especially Indiana Code 34-13-3-3(8). The trial court granted summary judgment for the board, saying it was immune from liability for failure to adopt an ordinance changing the traffic control devices and for the design of the roads.

In an opinion written by Judge Elaine Brown, the COA agreed that the board was not liable for design of the intersection. An ordinance was adopted in 1992 which provided CR 400 was a preferential through road where it intersected 200N. Because Indiana Code 34-13-3-3-3(8) says “A governmental entity or an employee acting within the scope of the employee’s employment is not liable if a loss results from the following: The adoption and enforcement of or failure to adopt or enforce a law unless the act of enforcement constitutes false arrest or false imprisonment,” the COA upheld the ruling that the board was exempt.

However, the COA did find summary judgment was inappropriate when it came to the installation of warning signs. The board did not ask for summary judgment on this issue and could have installed warning signs because those are not required to go through a legislative process before being installed. The COA remanded this part of the decision the trial court for further proceedings.

The case is Nikki Jones, as Personal Representative of the Estate of Phillip Matthew Jones v. Hancock County Board of Commissioners, 30A01-1506-CT-543.

EVSC to Host Summer Creativity Camp, Registration Deadline Approaching

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Technology is what makes the world go round and this summer, students currently in third through sixth grades in Evansville and the surrounding area can take advantage of the EVSC’s Summer Creativity Camp offered at Highland Elementary School.

The week-long camp includes ten different week-long pathways in which students can choose from to enroll. The Highland Creativity Camp is scheduled for June 13-18 from 8 to 11 a.m. each day. Parents will be responsible for transportation. Cost for the camp is $80 to $100, depending on the pathway selected.

  • Beginning Photography
    Students will learn basics of digital photography and photo editing using Apple iPads. We will experiment with composition and various lighting techniques. Student will learn basics in photo editing and enhancements using selection techniques/masks, adjustment layers, and color filters. Students will create and bring home a digital portfolio of their work to show family and friends all the great photos they took during the week.
  • Construction Zone: KEVA Planks and K’NEX
    Students will choose which medieval siege engine to build with KEVA planks and blueprints-catapult, trebuchet, or a wrecking ball. Students will experiment with counterweights, adjust the arm recoil or the height of the flight deck, determine which travels farther (a marshmallow or a piece of macaroni), or turn cranks, a winding drum, or hoist rope to learn lessons on pendulums and the effects of energy and motion.
  • Creation Station
    Your child can experience the feeling of their own DIY projects. We will complete 5 different imaginative projects during this week. We will paint a terracotta pot and plant your own flower, create their name out of cardboard and cover with fabric to make a great wall hanging in their bedroom, and make a piece of art out of melted crayons. Other projects will include a custom t-shirt and a photo/memo board. A good imagination will boost the outcome for their projects, but I will have many ideas for them to duplicate if they get stumped on an idea.
  • Creative Writing
    Students will spend the week strengthening their writing skills while exploring their own lives and the world around them. We will determine why writers write and what great writers do. From personal narratives to poetry to short stories, we will have the opportunity to explore it all! We will also complete an author study and students will have the chance to communicate with a published author. To end the week, our writers will publish their writings in a real book to keep.
  • mine-CRAFTS
    Do you like Minecraft? In this class, we will make a variety of Minecraft decorations. These do-it-yourself projects will be fun to make and be useful to decorate in any way you choose. During the week, we will paint canvas, create Décor Torches, Minecraft Masks, keychains, and desk organizer. At the end of the week, students will take their projects home.
  • Coding is Cool
    Students will learn the basics of coding and programming. We will start with coding a virtual world introducing the concepts of scene setup, camera usage, events, objects, and more. Following this, students will explore coding for robotics application – both drag and drop and Javascript. Students will test their robotics code using Sphero robotic balls. At the end of the week students will have a better understanding of the language programmers use to “talk” to computers. They will leave with video of their virtual world and their Sphero running a maze.
  • Project Palooza
    Boys and girls will push their creativity to the max in this project based session. They will enjoy creating a variety of fun make and take projects. We will be building birdhouses and book ends, creating art using stones, discovering how versatile felt can be, and creating bowls out of balloons and fabric. This session is sure to keep their creative juices flowing. Come join us for a week full of projects, fun, and friends.
  • Stop Motion Animation
    Students will learn the workflow of creating a Stop Motion movie. Students will work individually or in a small group to write a story plot and animate it using an iPad Stop Motion app. Time will be spent storyboarding the scenes, building the scene background, taking LOADS of pictures with the iPad, recording sound effects and editing the movie. Students will enjoy a movie premiere on Friday where they will reveal their Stop Motion film to the class.
  • 3D Printing and Engineering
    Students will get the opportunity to work through the engineering design process while working on their problem solving skills.  Students will be presented with real world problems and create ideas to solve them.  They will then use computers to design solutions.  Did we mention that they will be able to print them on our state of the art 3D printer?  Not only that, but students will have access to 3D scanning, which can allow them to scan and print themselves.
  • Terrific Tech Tools and Web Design
    Have you ever wanted to create your own web site? Now is your chance! We will be designing individual web sites, with the help of Weebly. We will also become experts at using several creativity tools to enhance our web sites, including PowToon, Voki, Emaze, Padlet, and many more!

The Camp is sponsored by Highland Elementary School PTA.

Space is limited. To learn more about the camp, visit http://evscstudents.com/creativity-camp. To register, visit http://evscstudents.com/creativity-camp/highlandcc16/.  Deadline for registration is May 27.

Death List 5-20-16

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Death List WK 5-20-16

VANDERBURGH COUNTY FELONY CHARGES

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Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office today.

Daniel Lee Fuhs Assisting a criminal, Level 6 felony

Michael Alan Schroeder Invasion of privacy, Level 6 felony

Dillon Andrew Myers Possession of a narcotic drug, Level 6 felony

False informing, Class B misdemeanor

Indiana Economy Sets New Employment Record in April

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More than 12,000 Private Sector Jobs Added in April; More Than 150,000 Private Sector Jobs Gained Since January 2013

Indianapolis – Governor Mike Pence today issued the following statement regarding the April employment report, issued by the Indiana Department of Workforce Development, that reports that Indiana’s economy added 12,000 jobs in April, bringing the total jobs added to the state’s economy to more than 150,000 since the Governor took office. More Hoosiers were working in April of 2016 than ever before. The previous peak was February 2016.

“The April employment report is a testament to the strength of the Hoosier workforce and our pro-growth economic policies,” said Governor Pence. “With more people working than ever before in our state’s history and recently being named the best place in the Midwest to do business, Indiana’s economy is on a roll.”

 

 

Kempf, Niemeier named NCBWA All-Region

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University of Southern senior rightfielder Kyle Kempf (Evansville, Indiana) and senior shortstop Kyle Niemeier (Evansville, Indiana) were named second-team National Collegiate Baseball Writers Association All-Midwest Region by the Division II Sports Information Directors. The All-Region honors were the second of the post-season for Kempf and Niemeier.

Niemeier, who was named first-team Division II Conference Commissioners Association All-Midwest Region yesterday and first-team All-GLVC East Division last week, ranks third on the Screaming Eagles with a .343 average. The senior shortstop also has posted career-highs with 32 RBIs and 41 runs scored after he was two-for-five with a run scored and the game-winning RBI today in the Eagles’ win over Missouri University of Science & Technology.

USI’s all-time leader in hits and a three-time All-Midwest Region performer, Kempf is second on the team in hitting with a .348 batting average. The 2016 preseason All-American and first-team All-GLVC East performer is third on the team with 42 RBIs, while tying Bertram for third on the team with three home runs.

The Eagles continue NCAA II Midwest Region play Friday at 5 p.m. when they play top-seeded Quincy University.

Adopt A Pet

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 Arctic is a 2-month-old female brown tabby kitten. She’s from the “Oceans” litter. Her sister Antarctica is available, too! Kitten adoption fees at VHS are $50 and include spay/neuter surgery, microchip, age-appropriate vaccines, and a FeLV/FIV test. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption details!

 

Joyce earns postseason ITA award

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University of Southern Indiana Men’s Tennis senior Jack Joyce (Bournemouth, England) was named the Intercollegiate Tennis Associations Senior Player of the Year for the Midwest Region on Thursday.

With a combined 38 wins during the 2015-16 season, Joyce earned the 15th most wins in a season in Screaming Eagle history. Joyce led the team in singles victories with a 21-5 overall record, highlighted by an 11-match win streak during the season. The mark, also, was good enough for 10th all-time for a season win percentage at USI.

Partnering a majority of the year with fellow senior Joel Stern (Mjoelby, Sweden), Joyce finished the year with a 17-9 record in doubles competition. The duo of Joyce and Stern ended the year with a 12-3 record together, while an 11-match win streak placed the two into seventh place in USI history.

“Jack is one of the best players in USI Men’s Tennis history,” said Head Coach Chris Crawford. “His dedication to the program at as a student-athlete is what we want at USI. No one deserves this Award more than Jack.”

Ending his career as an Eagle, Joyce ranks near the top of every category in the USI record book. A 78-18 career singles mark is good enough for fourth all-time, while he also sits fourth in career doubles wins with an 80-27 record. The 158 combined wins puts Joyce in third place for most combined win in USI Men’s tennis history.

The award adds to his ITA accolades that includes the 2014 ITA Midwest Region Player to Watch. Joyce is also a three-time All-Great Lakes Valley Conference team honoree and 2013 GLVC Freshman of the Year.

Week in Review: More Strong Economic News for Indiana 

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Saturday, Indianapolis Business Journal ran an op-ed digging into Salesforce’s decision to bring 800 new high-wage jobs to Indiana

“…beyond the numbers, Salesforce’s decision could have profound impacts statewide for a generation to come”-Indianapolis Business Journal, 5/14/2016

–Monday, Moody’s annual Investor Service State Debt Medians report showed Indiana’s tax-supported debt ranks among the lowest in the nation.

“Indiana has $463 in tax-supported debt per household, which ranks 11th-lowest in the nation.” – Inside Indiana Business, 5/16/2016

–Thursday, Governor Mike Pence announced the Department of Workforce Development has paid back the state of Indiana for its advance of funds that enabled Indiana to eliminate the outstanding federal unemployment loan and the FUTA penalty on employers. Business leaders across the state are lauding this week’s economic news.

“The move saved businesses about $327 million this year.” – Fort Wayne Journal Gazette, 5/20/2016

“…by paying off the balance of the federal loans using surplus money in November 2015, the Pence administration was able to end the extra payments for businesses early, which would have cost $126 per employee—or $327 million in total—in 2016.” – Indianapolis Business Journal, 5/19/2016

–Today, Indiana’s April employment report, issued by the Indiana Department of Workforce Development, reports that Indiana’s economy added 12,000 jobs in April, bringing the total jobs added to the state’s economy to more than 150,000 since the Governor took office. More Hoosiers were working in April of 2016 than ever before.

“…means more out-of-work people are confident about finding a job” – Indianapolis Business Journal, 5/20/2016

“…spurred Indiana to its highest number of private sector jobs in state history” – WFYI, 5/20/2016

 

“…the number of Hoosiers working is the highest it’s been in 16 years” – Indy Politics, 5/20/2016

 

What They’re Saying About Governor Pence Eliminating the Tax on Hiring…

Kevin Brinegar 

President and CEO

Indiana Chamber of Commerce

“Employers now have $327 million in additional funds available for other workplace priorities. They can further invest in their organizations and employees, as well as add more jobs, instead of sending that money to Washington as an ongoing penalty for the loan being in place.

“This early payoff, strongly supported by the Indiana Chamber, was a common sense step taken by lawmakers and Gov. Pence to help employers and their employees. It has had among the greatest impacts of any public policy over the last year on the business community.”

Barbara Quandt Underwood

Indiana State Director

National Federation of Independent Business

“Many politicians campaign making promises to the small business community that don’t materialize, but once again, Governor Pence and Indiana legislative leaders have proven that they value the contribution our members make to the Hoosier economy.

“By completing the payoff and eliminating the tax on hiring, Indiana’s employment sector will continue to strengthen in a way that many states can only dream of. Governor Pence and Indiana’s pro-business legislature should be held up as a national leadership example for implementing sound economic policies and eliminating redundant and anti-business regulations that only hinder growth.”

News coverage

COOK & CULP: Six reasons Salesforce expansion is a coup

Indianapolis Business Journal 

Eight hundred new jobs and $40 million in capital investment. Based on these stats alone, Salesforce’s announcement to expand into the Chase (soon-to-be Salesforce) Tower is a monstrous economic development project worthy of the attention it has garnered. But beyond the numbers, Salesforce’s decision could have profound impacts statewide for a generation to come.

Pence touts Indiana’s modest debt load

Indianapolis Star – Tony Cook

Indiana has a relatively modest debt load compared with other states, according to two new reports this week. The state had $3 billion in net tax-supported debt in 2015, according to an analysis by credit rating firm Moody’s. That includes debt from bonds and leases and amounts to $463 per resident — the 11th best in the nation.

Indiana Touts Public Debt Report

Inside Indiana Business – Andy Ober

An annual Moody’s report suggests Indiana’s debt is among the lowest in the nation. The financial analytics company reports Indiana has $463 in tax-supported debt per household, which ranks 11th-lowest in the nation. Governor Mike Pence says the report “proves we’re managing our state budgets with prudent fiscal management and responsibility. Pence’s office says Indiana is “diversifying its economy in a way that efficiently manages its existing tax base.”

State unemployment fund pays back $250M loan

Indianapolis Business Journal

The state’s long trek back from a bankrupt unemployment trust fund is now fully over. On Thursday, the fund—which is used to pay benefits to unemployed Hoosiers—reimbursed the state some $250 million it had owed it since last fall. That’s when Gov. Mike Pence took cash from the budget surplus to pay off the last of roughly $2 billion in federal loans the state’s unemployment system accepted during the Great Recession, money needed for benefits when the taxes paid into the fund by businesses were woefully short.

Unemployment debt gone

Fort Wayne Journal Gazette – Niki Kelly 

The remnants of Indiana’s longtime unemployment debt – and resulting fine on businesses – are officially gone. State officials confirmed Wednesday that the Department of Workforce Development has paid back the state’s General Fund for its advance of about $250 million borrowed in November.

State restores surplus after paying unemployment debt

Northwest Indiana Times – Dan Carden

The Department of Workforce Development returned $250 million to Indiana’s budget reserve Thursday after using the money in November to pay off the state’s remaining unemployment insurance debt to the federal government.

HELP WANTED

Indy Politics – Abdul Hakim-Shabazz

The Indiana Department of Workforce Development says the number of Hoosiers working is the highest it’s been in 16 years. Officials says the state’s labor force continued growing in April with 20,743 more Hoosiers joining the labor force.

Manufacturing Led The Way As Indiana’s Job Growth Rebounded In April

WFYI – Brandon Smith

Indiana’s private sector job growth rebounded in April, adding 12,000 jobs last month.  Yet, the state’s unemployment rate increased for the third consecutive month. Almost every employment sector added jobs in April, led by significant growth in manufacturing.  That spurred Indiana to its highest number of private sector jobs in state history.

State jobless rate rises as more Hoosiers join labor force

Indianapolis Business Journal 

Indiana’s labor force—which is composed of both employed and unemployed-but-willing-to-work residents—has grown by 82,000 since the beginning of the year and by 178,000 since January 2013. That surge means more out-of-work people are confident about finding a job, but their addition to the labor force can drive up the unemployment rate.

Carter makes another jump up the leaderboard

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University of Southern Indiana Women’s Golf senior Anastasia Carter (Granger, Indiana) moved 13 spots up the leaderboard after carding an even-par, 72 in the third round of the NCAA Division II National Championships. Carter sits in a four-way tie for 23rd with one round remaining for the event.

Starting play on the back nine for the second consecutive day, Carter was under-par early with a birdie on her first hole. Back-to-back bogeys on 14 and 15 put Carter at plus-one through six holes. Another birdie on 18 brought her back to even-par heading into her second nine holes of the third round.

With seven pars on her second nine, Carter finished with an even, 36 on the front nine. Carter dropped to one-under after a birdie on hole two, but dropped back to even-par after a bogey on six. The even-par round of 72 ties Carter’s lowest round of the season, also carding a 72 at the Triton Fall Invitational last October.

Going into Saturday’s final round, three players are tied at three-under-par at the top of the leaderboard. Isabell Jimenez Perea of Tarleton State University and Kasey Petty of the University of Findlay were even after two rounds but carded scores of 69 in round three. Also tied at the top is Gabrielle Shipley of Grand Valley State University who two-under-par in consecutive rounds to climb into a share of the individual lead.

Rollins College sits atop the leaderboard for the third consecutive day with a three round total of 871 (+7). The defending national champions the University of Indiana remain in second-place, seven strokes behind Rollins. Dallas Baptist University rounds out the top three with a three-round total of 885.

The fourth and final round of the National Championships will begin Saturday morning at 9 a.m. (CDT) at CommonGround Golf Course. Carter will be paired with Elaine Wood of the University of Montevallo and Sterling Hawkins of Academy of Art University, teeing off at 8:50 a.m. (CDT).

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