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Indiana Supreme Court: City Not Immune From Injury Suit

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Indiana Supreme Court: City Not Immune From Injury Suit

Scott Roberts for www.theindianalawyer.com

The Indiana Supreme Court ruled a city did not meet the requirements of the Indiana Tort Claims Act, and as such does not have immunity in a suit filed by a woman who fell in a city street and broke her leg.

Cathy Beloat was crossing Main Street in Beech Grove when she stepped out of the crosswalk slightly to get around a car that was sitting in it. As she did, she stepped in a deep hole and as a result broke her leg. She brought a claim for her injuries but Beech Grove claimed immunity within the ITCA and filed for summary judgment. The trial court denied the city’s summary judgment motion but the Indiana Court of Appeals approved it. The Supreme Court granted transfer, vacating the COA decision.

Under the ITCA, a city can claim immunity if it can prove the maintenance of part of a street was neglected because a full reconstruction will be underway shortly. However, the Supreme Court said Beech Grove did not do that.

Beech Grove submitted a mayor’s affidavit which said Beech Grove had been planning a reconstruction of Main Street, and what it would consist of. However, the affidavit did not include a cost-benefit analysis that occurred in order to determine a total reconstruction project was preferable, or how the city determined what repairs would be included.

Beech Grove also submitted minutes from city council and board of works meetings which shows members at times discussing a street renovation project, and engaging in some discussion about financial cost. However, because this is a summary judgment case, the Supreme Court is forced to make all inferences in favor of the non-moving party, which is Beloat. There was no actual cost-benefit analysis done and approval of financing is not enough.

The Supreme Court remanded the case to the trial court for more proceedings.

The case is City of Beech Grove v. Cathy J. Beloat, 49S02-1604-CT-165.

Mockevicius finishes as NCAA leader in two categories

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Mockevicius led nation in rebounds and double-doubles

With the 2015-16 NCAA men’s basketball season coming to a close, University of Evansville senior Egidijus Mockevicius has officially clinched the top spot in a pair of statistical categories this season.

Posting 14.0 rebounds per game, Mockevicius finished a full rebound ahead of his nearest competition as Rokas Gustys of Hofstra notched an average of 13.0.  Mockevicius’ final tally was the most for any player at the Division I level since Morehead State’s Kenneth Faried hauled in 14.5 per game in the 2010-11 campaign.

Mockevicius set the all-time University of Evansville rebounding record at Bradley in February and finished his career with a total of 1,260.  The previous record, set by Dale Wise in 1960, was 1,197.

The native of Lithuania also finished the year with a total of 27 double-doubles in 34 games.  His total was tied with Pascal Siakam of New Mexico State for the most in the country.

Equally impressive was the career of D.J. Balentine.  He finished his career with a school record 2,464 points.  His tally also saw him leave the program as the active leading scorer in the NCAA.  Balentine’s career put him among the best-ever to play at Division I programs in Indiana.  In his final game, he passed IUPUI’s Aldray Gibson to finish his illustrious career 7th in that statistic.

UE’s senior class, which also included Adam Wing, finished with 20 or more wins in three out of four years with the program.  Evansville, along with UNI and Wichita State, are the only three programs with that type of record over the last four years in the Missouri Valley Conference.

 

COA: Man can keep real estate deposit

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A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.

Larry Jernas on behalf of R&R Horse Haven entered into an agreement with Kevin Gumz to buy real estate in North Judson. He paid $25,000 in earnest money to Gumz, but the agreement did not go through and Gumz did not return the $25,000. Jernas filed suit wanting his deposit back, but Gumz said Jernas broke the terms of the contract when he did not purchase the property. Jernas claimed Gumz changed the purchase price of the property from $500,000 to $800,000 and that’s why he couldn’t get financing to complete the purchase.

There is also debate as to whether the agreement was an enforceable contract for many reasons, including that some of it was written and some not; whether the representative from R&R was authorized to sign the contract; whether the contract was definitive; whether it was properly executed.

The COA found the two did enter into an enforceable contract. It met all of the definitions for a contract, including a meeting of the minds and exchange of terms. The representative was authorized to sign and it didn’t matter that some of it was written.

The COA also said the statute of frauds allowed Gumz to enforce the contract. Gumz brought his counterclaim against R&R and the agreement was a valid one, signed by a valid R&R representative.

The COA also ruled Gumz can keep his earnest money deposit. R&R claimed it was due its money back because it could not get financing from the bank for the money, but a representative from R&R told the court it did not need financing, and in the contract the amount of the financing is listed as zero. Because of that, the contract was not contingent on financing, and Gumz can keep the deposit.

The case is Larry J. Jernas and R&R Horse Haven v. Kevin J. Gumz, 75A03-1511-CC-1903

Governor Pence Ceremonially Signs ‘Kirk’s Law’

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Indianapolis – Governor Mike Pence today ceremonially signed Senate Enrolled Act 357, or “Kirk’s Law” in Goshen, Ind. “Kirk’s Law” requires the Division of State Court Administration to create a registry of individuals convicted of a crime of child abuse. The registry will be searchable and available to the public. “Kirk’s Law” is named after 19-month-old Kirk Coleman, who prosecutors say died in the care of a provider who had a previous record of child abuse. The Governor signed SEA 357, which goes into effect July 1, 2016, into law on March 21, 2016. The legislation requires that the registry be up and running no later than July 1, 2017.

“Senate Enrolled Act 357 is about protecting our most vulnerable Hoosiers – our children,” said Governor Pence. “This bill provides parents a way to make sure the person they have chosen to take care of their child has not been convicted of child abuse. It is my hope that this child abuse registry will become a resource to help ensure that no child is left with someone who may harm them.”

Governor Pence was joined by bill sponsor Representative Dave Ober (R – Albion) and Representatives Curt Nisly (R – Goshen) and Doug Miller (R – Elkhart).

A photo from today’s signing ceremony can be found attached. For a full list of bills Governor Pence has signed, visit Bill Watch:http://www.in.gov/gov/2016billwatch.htm.

USI’s Guy, Roberts net GLVC weekly award

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 University of Southern Indiana senior Johnnie Guy (Palmyra, Indiana) and sophomore Emily Roberts (Fredericktown, Indiana) have been named the Great Lakes Valley Conference Track Athletes of the Week for men’s and women’s outdoor track & field, respectively.

Guy finished first out of 136 runners in the men’s 5,000 meters at the Washington University (St. Louis) Invitational last weekend. His NCAA Division II provisional qualifying time of 14 minutes, 16.62 seconds ranks sixth, nationally, and first in the GLVC. It was more than 15 seconds faster than that of the second-place finisher in the event.

Roberts finishes first out of 104 runners in the women’s 5,000 meters. She broke Heather Cooksey’s 11-year old school record (16:32.97) in the event with her time of 16 minutes, 31.17 seconds. Roberts’ time ranks third, nationally, and first in the GLVC and was less than six seconds off an NCAA Division II automatic qualifying time.

The Screaming Eagles, who finished 13th as a team with 13 points, return to action April 14-16 when they compete at the Mt. SAC Relays in Walnut, California, and the SIU Edwardsville Gateway Invitational in Edwardsville, Illinois.

 

INDIANA BLACK LEGISLATIVE CAUCUS TO CONDUCT TOWN HALL MEETING IN EVANSVILLE ON SATURDAY

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The Indiana Black Legislative Caucus (IBLC) will conduct a town hall meeting in Evansville on Saturday (April 9) to discuss the results of the 2016 legislative session.

The meeting will take place from noon to 2 p.m. local time in the Forum Wing of the Wright Administration Building on the USI campus in Evansville.

The town hall is open for anyone who is interested in learning about what happened during the past session, has questions for legislative members or would like to offer suggestions on issues they would like the IBLC to address in future years.

“The sessions give us the opportunity to learn what Hoosiers think needs to be improved in Indiana,” said IBLC Chairman, State Senator Lonnie M. Randolph (D-East Chicago). “Our constituents’ input is invaluable as we work to shape the course of the next legislative session.”

Adopt A Pet

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Marbles is a 3-month-old male English Spot/American/Lionhead mix rabbit. His three siblings and both parents are up for adoption, too! Marbles is neutered and ready to go home TODAY for $30! Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

 

OTTERS NAME JESS WELZ COMMUNITY RELATIONS MANAGER

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The Evansville Otters have hired Jess Welz as their new Community Relations Manager.

Welz, 33, joined the Otters front office in February. Prior to becoming part of the Otters organization, Jess worked for five seasons with the ECHL’s Evansville IceMen as Ticket Sales Coordinator, Ticket Operations Manager, and Director of Community Relations. She graduated from Carthage College, in Kenosha, Wisconsin with a BA in Sports and Exercise Science. This avid hockey fan has worked in sports at various levels for over 15 years and is eager to add baseball to her résumé.

Jess has already made her mark on the Otters organization as an integral part of the Clean Up the Ballpark event this past Saturday at Bosse Field. “It was exciting to see the support of the Evansville community at our first clean-up day! We had approximately 75 volunteers help with painting, landscaping, and general cleaning of the ballpark. I am looking forward to increasing our community involvement not only during the season, but in the offseason as well”, said Welz.

Community Relations became important to Welz when, during an internship, she saw how being in the community helped connect the Chicago Blackhawks with their fans off the ice. “I love watching connections and relationships created outside of the game. Children may remember a play during the game, but they will always remember meeting and interacting with their favorite player. One of my aspirations in my position is to make sure the Otters are visible in the community during the off season. We are already at the forefront of people’s minds during the summer and I want to make sure that continues throughout the year.”

Jess is a native of Joliet, Illinois and her favorite sports teams include the Chicago Blackhawks, Chicago Bears, Wisconsin Badgers, and Chicago Cubs. Outside the office she likes spending time with family, being outdoors, and traveling.

The Otters open the 2016 season at home against the Schaumburg Boomers on Friday, May 13, at 6:35 p.m. Tickets are on sale now by calling (812) 435-8686.

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TRUMPEPHANT

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USI BB at home this weekend vs. UW-Parkside

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Four games of the University of Southern Indiana baseball team’s 10-game road swing have been converted to home games as the Screaming Eagles will hosts the University of Wisconsin-Parkside for a conference series Saturday and Sunday at the USI Baseball Field due to the forecast for inclement weather in Wisconsin. The Screaming Eagles and the Rangers are slated to play noon doubleheaders Saturday and Sunday. Live coverage four-game series versus UW-Parkside can be found at GoUSIEagles.com.

SCREAMING EAGLES BASEBALL NOTES:

Eagles split with UIS, fall at UMSL. USI split a four-game series with the University of Illinois Springfield last weekend, dropping both ends of a doubleheader on Saturday, 9-8 and 5-1, before rebounding to sweep the twin bill on Sunday, 9-1 and 14-1. The Eagles started this week with an 8-1 non-conference loss to the University of Missouri-St. Louis in what was to start a 10-game road swing.

Leaders in the last 10 games. Senior shortstop Kyle Niemeier (Evansville, Indiana) has led the way over the last 10 games, posting a .424 average with a team-high 12 RBIs. Senior centerfielder Hamilton Carr (Evansville, Indiana) follows with a .366 average and seven RBIs. Junior right-hander Lucas Barnett(Sellersburg, Indiana) has been the Eagles top hurler, going 1-1 with a  0.75 ERA in two starts.

Leading the GLVC in pitching. Freshman right-hander Austin Krizan (Mt. Vernon, Indiana) and junior right-hander Devin Williams (Evansville, Indiana) are ranked seventh (1.93) and ninth (2.14), respectively, for ERA in the GLVC. Junior right-hander Lucas Barnett is third in the league in strikeouts (44).

USI in the national polls. USI fell out of the ABCA/Collegiate Baseball Newspaper Top 30 poll, but remained ranked at 14th in the unofficial HeroSports.com Top 25.

Kempf chasing records. USI senior rightfielder Kyle Kempf (Evansville, Indiana) is chasing several school records this spring. Kempf, currently, is third all-time with 254 hits (record 270); fifth with 48 doubles (record 63); tied for ninth with 145 runs scored (record 183); and 12th with 184 games played (record 213).

Carr hoping to steal a record. USI senior centerfielder Hamilton Carr is closing on the Eagles’ stolen base record with 70 career thefts (record 86).

Archuleta at USI. USI Head Coach Tracy Archuleta reached 500 all-time victories and became the Eagles’ all-time winningest coach in program history. Archuleta has a USI record of 356-182 (.662) in eight-plus seasons and is 504-306 (.622) in 13-plus seasons as the head coach. He has been named the ABCA Division II Coach of the Year twice (2010 and 2014) after leading the Screaming Eagles to a pair of national championships. Archuleta also has earned a pair of GLVC Coach of the Year awards (2011 and 2014) at USI.

USI vs. UW-Parkside. USI leads the all-time series with UW-Parkside, 39-26, after sweeping four-game series last year at the USI Baseball Field.

UW-Parkside in 2016. The Rangers, who are still looking for their home opener due to the change of venue, are 4-19 and are still looking for their first GLVC win of 2016 with a league mark of 0-8.

 

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