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Split COA reinstates suit of pedestrian hit by deputy’s vehicle

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Dave Stafford for www.theindianalawyer.com

A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.

In late November 2011, Charles Hill and his daughter Macey were walking home from a nearby park along Fox Hill Road when he was struck by a vehicle driven by Deputy Erich Gephart. The two walked on the same side of the road as the family home is located so as not to cross traffic, according to the record. There are no sidewalks on either side of the road.

A Marion Superior court granted summary judgment in favor of the Indianapolis defendants in Barbara Hill, individually and as guardian of Charles Hill, incapacitated, and as next friend of Alexandra Hill, a minor, et al. v. Erich E. Gephart, City of Indianapolis, et al., 49A02-1509-CT-1288.On appeal, the Hills argued Charles Hill’s contributory negligence was an issue to be decided as a trier of fact and not a matter of law. A majority of the appeals panel agreed.

“It is up to the jury to determine whether (Charles Hill’s walking on the wrong side of the road) was reasonable or if Charles contributed to his injuries,” Judge Paul Mathias wrote in the majority opinion joined by Judge James Kirsch. “(A) genuine issue of material fact exists as to whether Charles was contributorily negligent, and the trial court erred by disposing the Hills’ claim on summary judgment.”

Judge Elaine Brown dissented and would affirm the trial court. She noted Hill was in violation of I.C. 9-21-17-14, which requires that pedestrians walk “only on the left side of the roadway.” She wrote that because Hill also wore dark clothing at night and talked on his cell phone, no material fact exists as to his contributory negligence.

DONALD TRUMP, LIBERAL

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Pat Bagley / Salt Lake Tribune

By Rick Jensen

Is this your candidate?

“Everybody’s gotta be covered… Universal health care. The government’s going to pay for it.”

“… single payer, it works in Canada; it works in Scotland.”

“I generally oppose gun control, but I support the ban on assault weapons and I support a slightly longer waiting period to purchase a gun.”

“I am very pro-choice.” When asked about banning partial birth abortions, the answer was unequivocally, “No.”

On who would make the best deal with Iran: “Hillary has always surrounded herself with the very best people. I think Hillary would do a good job.”

On Nancy Pelosi: “I’m very impressed by her. I think she’s a very impressive person. I like her a lot.” “She was really gonna look to impeach Bush and get him out of office, which, personally, I thought would have been a wonderful thing.”

“The economy does better under the Democrats than it does under the Republicans.”

The candidate supported the failed stimulus, auto bailouts and bank bailouts, saying it was “what we need” and praising Obama’s failed schemes of “building infrastructure, building great projects, putting people to work in that sense.”

The candidate declared, “…the government should stand behind (the auto companies) 100 percent” because “they make wonderful products.”

“Something that has to get done.,” was how the candidate referred to the bank bailouts, noting the government “can take over companies, and, frankly, take big chunks of companies.”In 2009, the candidate shared these views on President Obama’s stimulus plan with Greta Van Susteren on Fox News: “I thought he did a terrific job. This is a strong guy; knows what he wants, and this is what we need. First of all, I thought he did a great job tonight. I thought he was strong and smart, and it looks like we have somebody that knows what he is doing finally in office, and he did inherit a tremendous problem. He really stepped into a mess, Greta.”

Think it sounds like Bernie Sanders or Hillary Clinton?

These are the words of the presumed Republican nominee Donald Trump.

It takes a lot of faith to believe he has dramatically changed his views, especially when it comes to executive actions, something constitutional conservatives rail against.

“I won’t refuse it. I’m going to do a lot of things,” Trump said when asked if he would use executive orders in an interview on “Meet the Press.”

“I mean, (Obama)’s led the way, to be honest with you.”

Of course, Trump claims with no uncertainty that HIS executive orders will be for the “right things.” How do we know? Because Obama’s executive orders are for the “wrong things?”

Who decides what the “right things” and “wrong things” are? The President?

No. It is the people through their elected representatives.”But I’m going to use them much better and they’re going to serve a much better purpose than he’s done,” Trump said.

Who says? You? Certainly not the framers of the Constitution.

When Obama’s executive orders are added to his presidential memoranda, which have as much authority as executive orders, Obama has, indeed, issued more presidential actions than any other U.S. president in history.

As Trump is so impressed with Obama’s leadership, expect even more government by executive fiat by Trump.

Not that Hillary would be any better.

No, it’s easy to predict Hillary would expand on all of the worst of these practices to the detriment of the country.

This is why Republicans believe they need a much better candidate.

Or do they?

Trump is responsible for increased Republican Party registrations around the country. There is no other compelling reason for people to sign up.

On March 15, more Republicans voted in all 5 states than in 2012. North Carolina GOP primary turnout was 16 percent higher. Ohio posted 68 percent more voters.

Democrats, meanwhile, saw their turnout drop in all five states. In Ohio, 50 percent of the 2012 Democratic primary voters stayed home.

Republicans have momentum, while democrats must frighten people to vote against Trump, not for Hillary.

Should Trump win, his cabinet needs to make this the best government possible.

Should Hillary win, we will experience the Chinese curse of “living in interesting times.”

Aces homer twice in 6-5 loss at Dallas Baptist

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DALLAS, Texas – A five-run sixth inning proved the difference on Friday night as the University of Evansville baseball team dropped a 6-5 decision to league-leading Dallas Baptist at Horner Ballpark.

With the loss, the Aces (25-19, 7-6 Missouri Valley Conference) fall 2.5 games back of the Patriots (30-14, 9-3), with just eight conference games remaining on the schedule.

“I thought we had some great at bats and a great approach, but we just hit some right at people,” UE head coach Wes Carroll said. “We felt pretty good about ourselves after both Trey and Korbin ran into pitches, but we could not close out the inning in the bottom of the sixth, and it really cost us tonight.

The Aces came out of the gates strong, grabbing a 3-0 lead after the third inning. Josh Jyawook got things started as an errant throw from DBU shortstop Trooper Reynolds allowed him to reach base with two outs in the third. Boomer Synek would make him pay just two pitches later with a double, and Trey Hair followed up with his seventh home run of the season.

A Shain Showers groundout tacked on another run for UE an inning later, but the Patriots were able to respond with a Matt Duce single. Aces starter Patrick Schnieders fortunately worked out of the jam, striking out David Martinelli to strand the bases loaded and keep UE ahead 4-1.

Following Korbin Williams’ home run in the top of the sixth, Schnieders wouldn’t be as fortunate as Dallas pushed across five runs, including three with two outs to take control.

Schnieders was pegged with the loss, dropping him to 4-4 on the year, as he allowed all six runs on 10 hits over 5.2 innings.

The Aces would have their chances down the stretch, stranding five runners over the course of the seventh and eighth innings before DBU closer Seth Elledge shut the door with a pair of strikeouts in a 1-2-3 ninth inning to pick up his 11th save of the season.

DBU starting pitcher Colin Poche improved to 7-0 on the mound.

Both teams will return to action with a 2 p.m. start at Horner Ballpark.

NOTES: Trey Hair’s two-run blast was actually his eighth of the year … Earlier this season the junior left the park in a game at Indiana, which was called due to weather in the bottom of the fifth … Korbin Williams joined Jonathan Ramon as the only two Aces to record double-digit homers since the NCAA adjusted its bat standards prior to the 2011 season … This weekend marks the 14th, 15th and 16th meetings between the Patriots and the Aces … Dating back to 1978, the first year that UE participated in Division I baseball, UE is 5-9 versus Dallas Baptist … Last season, the Aces dropped two out of three to the Patriots in Evansville … UE last visited DBU in 2014, winning a pair of games at Horner Ballpark on the way to hoisting a conference title … Since 1978, the Aces are 7-14 all-time against opponents from the state of Texas.

 

VANDERBURGH COUNTY RECENT BOOKING RECORDS

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

“BACKSIDE LIL” PREDICTIONS FOR KENTUCKY DERBY DAY RACES FOR CITY COUNTY OBSERVER

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I want to personally thank the City County Observer for allowing me to write Handicapping articles on my predictions on upcoming winners not only at Ellis Park but also at other tracks throughout the country.

I can guarantee that I know all about this subject and if you follow my predictions It’s my hope you will make a little money by doing so. Bottom line there are no guarantee that you will be able win a bunch of money by doing so.  Oh, I’m just a cartoon character created by the CCO so they can bring little more humor and interest for their readership. The handicapping of the races was done by knowledgeable people. So sit back and enjoy and lets have fun at the races!

Amore!

“BACKSIDE LIL”

BACKSIDE LIL” PREDICTIONS FOR KENTUCKY DERBY DAY RACES
CHURCHILL DOWNS 12 RACE CARD

RACE # 1-ALLOWANCE OPTIONAL CLAIMING-PURSE $82,000

PICK # 4 –ULANBATOR– $5 ACROSS THE BOARD (WIN -PLACE AND SHOW).

RACE # 2-ALLOWANCE OPTIONAL CLAIMING-PURSE $67,000

PICK # 1 – STREET GRAY-$5 ACROSS THE BOARD (WIN -PLACE AND SHOW).

RACE # 3-PURSE $62,000

PICK # 10-JIMBO FALLON-$5 ACROSS THE BOARD (WIN -PLACE AND SHOW).

RACE # 4-PURSE $62,000

PICK # 10 –TIZTHESOUND- $5 ACROSS THE BOARD (WIN -PLACE AND SHOW).

RACE # 5-ALLOWANCE OPTIONAL CLAIMING $72,000

PICK #2- BOLD CONQUEST-$5 ACROSS THE BOARD (WIN -PLACE AND SHOW).

RACE # 6-PURSE $300,000

PICK # 1-TEPIN-$5 ACROSS THE BOARD -WIN-PLACE AND SHOW.

RACE # 7-STAKES-PURSE $500,000

PICK #1-KOBE’S BACK-$5 ACROSS THE BOARD (WIN-PLACE AND SHOW)

RACE # 8-STAKES-PURSE $300,000

PICK #8-TARIS-$5 ACROSS THE BOARD (WIN-PLACE AND SHOW)

RACE # 9-STAKES-PURSE $300,000

PICK #3-CONVERGE-$5 ACROSS THE BOARD (WIN-PLACE AND SHOW)

RACE # 10-STAKES-PURSE $250,000

PICK#11-AMERICAN FREEDOM-$5 ACROSS THE BOARD (WIN-PLACE AND SHOW)

RACE # 11- WOODWARD RESERVE TURF STAKES-PURSEN$500.000
PICK #6-SLUMBER-$5 ACROSS THE BOARD (WIN-PLACE AND SHOW)

RACE # 12- THE KENTUCKY DERBY$2,000,000-PURSE  
PICK #11-EXAGGERATOR-$5 ACROSS THE BOARD (WIN-PLACE AND SHOW)

 

FOOTNOTES: Horse racing, like many sports, has its own language. Whether it’s how to place a bet, or words on a race form, it can be a bit perplexing. Below you’ll find a glossary of race track terms you should know.

ACROSS THE BOARD: A bet on one horse to win, place, and show.

ALLOWANCE OR ALLOWANCE RACE: A non-claiming event in which the racing secretary conditions weight allowances based on previous purse earnings and/or types of victories.

ALSO ELIGIBLE OR “E’: Horses entered into the field that will not run unless other horses are scratched.

APPRENTICE JOCKEY: A student jockey that will receive a weight allowance of varying degrees depending on his or her experience.

BACKSTRETCH: The straight part of the track opposite the finish line or the stable area.

BABY RACE: A race for two year old horses, especially early in the season.

BLINKERS: Blinkers: Eye equipment that limits a horse’s vision; generally used to help the horse concentrate on running and to reduce di
traction.

BREEZE: A term generally used to describe a workout in which a horse is easily running under a hold without encouragement from the rider.

BUG BOY: An apprentice jockey

CLAIMING RACE: A race where each horse in the field has a price and can be purchased by any person that makes a valid claim prior to the running of the race.

CLUBHOUSE TURN: The first turn of races that begin on the frontstretch/homestretch.

CONDITIONS: The circumstances under which a race will be run, such as: surface, distance, purse, and eligibilities.

EXACTA: A bet in which the player attempts to pick the 1st and 2nd place horse on one ticket.

Fast Track: Rating of a dirt track that is dry and hard.

FIRE SALE: A drastic reduction in the claiming price of a horse.

FRACTIONS: Clocking at quarter-mile increments in either a race or a workout.

FRONT RUNNER: A horse that wants to run on or near the lead.

FURLONG: One eighth of a mile.

GRADED RACE: A stakes race that is assigned a grade (I, II, or III) by the American Graded Stakes Committee based on the relative strength of the race as compared to all other races. This is the highest form of racing.

HANDICAP: A race in which the racing secretary assigns weights designed to equalize the winning chances of the entrants; or to study horses’ records in order to determine the chances of each to win the race.

HEAVY TRACK: A grass racing surface that has received an extremely large amount of water and is an almost bog-like condition.

INQUIRY: An official investigation by the stewards of the running of the race to determine whether a foul was committed by a horse or jockey.
In the money: To finish in the top four; this generally entitles the owner to a share of the purse. In betting terms “in the money” means to finish in the top three.

MADDEN: A horse that has never won a race; or a race for horses that have never won a race.
furlongs but shorter than 1 1/8 miles.

MINUS POOL: When enough money is bet on one horse that the pool is insufficient, after the track take, to pay the holders of the winning ticket the legal minimum odds. In this situation, the track is required to make up the difference to ensure that the bettors are paid the full amount.

MORNING ODDS; The odds set by the track prior to the opening of the pools.

MUDDY TRACK: A dirt track that is soft, wet and holding.

OBJECTIONS: A claim of foul by a jockey following the race.

ODDS: The chances of a horse to win a particular race based on the pari-mutuel wagering of the general public. The payouts for a $2 bet with corresponding odds are listed below:

OFF THE BOARD: A horse that fails to finish in the money.

OFF TRACK: A racing surface that is anything other than Fast (Dirt) or Firm (Turf/Grass).

SCHOOL: To train a horse, generally in the starting gate or the paddock.

SCRATCH: To withdraw a horse from a race.

SHIPPER: A horse that has traveled from one track to another to run in a race.

SHUT OUT: When a player fails to make his bet at the window prior to the gate opening.

STEWARDS: Three person panel that determines whether or not any rules violations occurred during the race.
.
TRIFECTA: A wager in which the player selects the first three horses in a race in order.

TURF COURSE: A grass covered course.

WASHED OUT: A nervous horse that is sweating.

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

Evansville Fire Department Pension Board Notice of Executive Session and Regular Scheduled Meeting

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The Evansville Fire Department Pension Board will hold an Executive Session on Tuesday, May 10, 2016 at 8:00 a.m. in room 307 of the Civic Center Complex, 1 NW MLK Jr Blvd, Evansville.  The purpose of the meeting is to discuss records classified as confidential by state or federal statute in accordance with I.C. 5-14-1.5-6.1(b)(7) and to receive information about prospective employees (see, I.C. 5-14-1.5-6.1(b)(5)).

The Pension Board will hold its regular scheduled meeting on the same day, beginning at 9:00 a.m. in room 307 of the Civic Center Complex.

MONUMENT OF FREEDOM

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USI BB wins GLVC East with the sweep!

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The 26th-ranked University of Southern Indiana baseball team won the 2016 Great Lakes Valley Conference East Division crown with a doubleheader sweep of the University of Indianapolis, 7-3 and 3-1, Friday afternoon in Indianapolis. USI saw its record go to 32-16 overall and 19-7 in the GLVC, while UIndy finishes the first day of the series, 31-17 overall, 16-10 GLVC.

The Screaming Eagles have won a GLVC divisional title four times in the last seven seasons, taking the East Division three times (2011, 2014, 2016) and the West Division once (2010). USI has gone on to win an NCAA Division II national title in 2010 and 2014.

USI junior right-hander Colin Nowak (Carol Stream, Illinois) struck out a season-high nine batters, while sophomore second baseman Sam Griggs(Evansville, Indiana) and sophomore leftfielder Drake McNamara (Mt. Vernon, Indiana) homered to lead the Screaming Eagles to a 7-3 game one win.

Nowak (6-2) won his sixth game of the year by going eight innings, tying his longest outing of the year. He allowed three runs on six hits and a walk, while striking out nine Greyhounds. USI senior right-hander T.J. Decker (Brazil, Indiana) finished the game for Nowak, pitching a scoreless ninth inning.

The Eagles scored all of the runs Nowak would need in the third and fourth innings. Senior rightfielder Kyle Kempf (Evansville, Indiana) doubled in USI’s first run before Griggs made it 3-0 with a two-run blast.

McNamara upped the Eagles’ lead to 4-0 with a home run in the fourth. Griggs and McNamara have hit a team-best six home runs each this year.

Senior catcher Ryan Bertram (Zionsville, Indiana), who had a team-high three hits in the opener, gave the Eagles some insurance in the fifth and seventh by driving in a run in both innings, while senior centerfielder Hamilton Carr (Evansville, Indiana) sealed the victory with an RBI-single in the eighth.

In the nightcap, junior right-hander Lucas Barnett (Sellersburg, Indiana) won his sixth game of the year with his fifth complete game of the season. Barnett (6-4) allowed one run on five hits and one walk, while striking out four in seven innings of work.

Nowak and Barnett are tied for the team lead with six victories each this spring.

Trailing 1-0, USI’s offense came to life in the final three innings of the victory after being no-hit through the first four frames. Bertram jumped started the USI bats with a double and scored on a wild pitch to knot the game up 1-1.

Kempf put the Eagles out in front, 2-1, with a solo blast in the sixth inning. The home run was the senior rightfielder’s third of the season.

The Eagles picked up an insurance run in the seventh when senior third baseman Trent Gunn (Tell City, Indiana) singled in a run for the 3-1 final.

The Eagles and the Greyhounds concluded the regular season Saturday at 11 a.m. (CDT) with final doubleheader moving from the UIndy campus to Grand Park in Westfield, Indiana. Grand Park also will be the setting for the GLVC Tournament next week.

YESTERYEAR-Evansville Braves

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Legendary baseball coach Bob Coleman stands in the back row (center) with his triumphant Evansville Braves team after capturing the Three-I League pennant in September 1957. The minor league organized in 1901 and was composed of teams from the “I” states: Indiana, Illinois, and Iowa. When the Braves capped a sensational comeback late in the season to defeat the Peoria Chiefs in 1957, they earned their first consecutive pennant and the seventh overall. Coleman was one of only two baseball managers who achieved more than 2,000 minor league wins during his long career.

FOOTNOTES: We want to thank Patricia Sides, Archivist of Willard Library for contributing this picture that shall increase people’s awareness and appreciation of Evansville’s rich history. If you have any historical pictures of Vanderburgh County or Evansville please contact please contact Patricia Sides, Archivist Willard Library at 812) 425-4309, ext. 114 or e-mail her at www.willard.lib.in.us.

LOTS OF LUCK, DONALD TRUMP

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Making Sense by Michael Reagan

Now comes the hard part.

Now comes the part where Donald Trump has to appeal to everyone in the U.S.

Trump will rack up lots of easy votes in the fall with his rabid fan base — older grumpy white males and their spouses who want change but don’t really know or care if Trump is a Republican or a Democrat.

But voters who want to make America great again by being mean to Latinos or by putting tariffs on air-conditioners and iPhones won’t add up to a majority.

If he wants to become president, Trump has to mend a lot of fences, say a lot of mea culpas and learn a bunch of important political and economic things.

Like manners. Like humility. Like gravitas.

And like making nice with the Bush/Cruz/Kasich conservatives he’s been insulting and demeaning with sophomoric cheap shots for the last year.

The presumptive Republican nominee should start his political fence-repair work by trying to win over a few million women voters.

It won’t be easy. Three-fourths of women think he’s a piece of dirt and wouldn’t vote for him if he was married to Hillary.

I don’t know what it’ll take, or even if it’s possible, but somehow Trump has to prove that deep down he is not the sexist boor he’s been playing on TV.

I know one thing he should not do — attack Hillary for enabling her lecherous husband Bill and attacking the women who say they were accosted by him.

That didn’t work in the 1990s. All it did was make independent women vote for Hillary or stay home.

Trump’s long march to victory over the Republican political establishment has been an amazing thing to watch — kind of like a TV miniseries where the bad guy never gets taken down in the end by the good guys.

For a year he’s made fools of the media pundits and mincemeat of the professional politicians of his party.

He’s the un-politician who broke all the rules of the primary game and won. That’s a big reason he got so many votes in so many states.

We wanted a Washington outsider. What we got was a salesman. He did and said whatever he had to do to make the sale to the Republican electorate.

As I tweeted earlier this week, the GOP is no longer the Party of Reagan, it’s the Party of Trump.

Where he takes Republicans from here is anyone’s guess, but it’s probably going to be one of the wilder political rides in modern American history.

If America gets lucky, Trump will hit his head on a tree limb and when he wakes up he’ll be a real conservative who runs on a platform of slashing government spending and abolishing the IRS.

Or maybe he’ll hire some economists who can teach him why tariffs are bad for America because they punish consumers and not corporations.

Or maybe someone will explain to him why building a 300-foot wall on the Mexican border and rounding up 11 million illegal immigrants is not how a free — and great — country should do immigration reform.

Trump will need everybody he can get to defeat Hillary.

Who he picks for vice president will be interesting, but it won’t really matter because we know people don’t vote for a president because they like the VP choice.

It could be Rubio or Kasich, because that would help him in Florida and Ohio. It could be a Latina woman like Nevada Governor Susana Martinez.

Or, knowing Trump, he might go outside the box and name one of his business partners we’ve never heard of. No one knows where he’s going to go until he goes there.

There is one thing I know for sure. If Trump becomes president he won’t be able to treat the members of the G-7 or the G-20 the same way he treated the GOP 17.

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