Dr. Bucshon Mourns Loss of Governor Whitcomb
Congressman Bucshon with Governor Whitcomb on March 28, 2014
(WASHINGTON, DC) – Eighth District Congressman Larry Bucshon, M.D. posted the following statement mourning the loss of former Indiana Governor Edgar Whitcomb to his Facebook page:Â
“Governor Ed Whitcomb was truly a remarkable man. He bravely served our country during WWII and was a committed public servant to the Hoosier state as governor. I recently read his book ‘Escape from Corregidor’. It was an inspiring tale about his courage, bravery, and experience escaping capture in WWII. I’m saddened to hear of his passing and join all Hoosiers in mourning the loss of a true American hero.â€
Court orders portion of roof removed due to trespass
Jennifer Nelson for www.theindianalawyer.com
The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.
Liter’s of Indiana purchased property next to that owned by Earl Bennett and his half-brother Daniel Bodine, where Bennett lived with his wife. The roof of Bennett’s home extended over his property line by two feet into the property owned by Liter’s, which it was developing in a residential neighborhood. Liter’s erected a “spite fence†made of chain link to mark its property and also constructed a basin on its property to collect water for drainage.
Liter’s sued Bennett and Bodine seeking to enjoin and recover damages for continuing trespass on its property; the defendants counterclaimed, alleging nuisance since Liter’s had erected the spite fence. They also alleged that the company had negligently designed its subdivision and that the post-development surface water runoff from the property would flood the defendants’ property.
A jury ruled in favor of Liter’s on its trespass claim, but awarded no damages. It found for the brothers on their nuisance claim, but also awarded no damages. The jury ruled in favor of the brothers on their negligence claim, awarded more than $51,000 to each brother.
“[U]nder the common enemy doctrine, it is not unlawful for a landowner to accelerate or increase the flow of surface water by limiting or eliminating ground absorption or changing the grade of the land, even if it causes water to stand in unusual quantities on the adjacent land or to pass into or over the adjacent land in greater quantities or in other directions than the water did before. In order to impose liability for surface water discharge, it must be collected on the Liter’s Property and cast off in concentrated volumes onto the Appellees’ Property. More importantly, the distinction lies in the character of the flow as it enters the adjoining property,†Judge Patricia Riley wrote in Liter’s of Indiana, Inc. v. Earl E. Bennett and Daniel L. Bodine, 39A05-1408-PL-401.
“Admittedly, there was a lot of conflicting evidence offered by both parties. Some witnesses testified in a manner favorable to Liter’s and others favorable to the Appellees. However, as the reviewing court, we respect the jury’s exclusive province to weigh conflicting evidence.
From the evidence of the case — though not free from conflict — the jury reasonably determined that the construction of Liter’s undersized basin led to the casting off of surface water in concentrated volumes onto the Appellees’ Property. In this regard, we find that the common enemy doctrine does not preclude the Appellees’ claim of negligence against Liter’s, and we affirm the trial court.â€
The judges remanded to the trial court with instructions for the issuance of a permanent injunction requiring the brothers to remove the unpermitted portion of Bennett’s roof that extends over Liter’s property. The continued existence of the roof extending to the neighboring property is a continuing trespass, the court held.
EPD Detective Jack Spencer elected to Bicycle Indiana Board
Evansville Police Department Detective Jack Spencer has been elected to the Bicycle Indiana Board of Directors. The mission of the Bicycle Indiana is to promote biking as a way of transportation and exercise, provide bike safety education, and advocate on behalf of bicyclist across the state.
Detective Spencer also serves on the Evansville Bicycle Friendly Community Task Force. As an instructor for the Law Enforcement Bicycle Association, Detective Spencer has trained and certified over 200 area Bike Patrol Officers.
We are proud to have Detective Spencer representing our agency and our region on this statewide board.
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Adopt A Pet
 Can you resist a little Godiva? This pretty brown & white tabby is a female, about 7 years old! She’s only $30 to adopt. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption information!
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UE Swimming and Diving heads over to Carbondale to face SIU
Both teams to face Salukis on Saturday
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Fresh off of victories last weekend, the Purple Aces swimming and diving teams will complete the regular season on Saturday with a trip to Carbondale, Ill. to face Southern Illinois.
Set for a 10 a.m. start, the meet will feature events that will be just a bit shorter than usual with conference championships right around the corner.
Last weekend, the men’s team earned wins over Ball State and Valparaiso while the women completed their home slate versus the Crusaders with a 184-74 win.
In the final home meet, Michaela Kent had a stellar day for UE. She took top honors in the 50 free race with a time of 24.36 to finish ahead of teammate Abby Smith. Kent picked up another victory in the 100 free as her time of 53.70 was over a second ahead of teammates Mackenzie Harris and Kristen Myers.
Kent also helped the Aces to a pair of relay victories. Kent, Smith and Harris joined up with Charlotte Lechner to win the 200 medley relay in 1:51.50, over two seconds ahead of second place. Smith, Harris and Kent joined Madi Jones in the 200 free relay, winning my nearly five seconds with their effort of 1:39.75.
Lechner also had a nice day of her own, posting a 1:01.29 in the 100 fly to edge out teammate Kasey Rein. She also picked up two more victories. In the 50 fly, her 28.49 was almost a second ahead of the competition while her time of 2:15.11 was over six seconds ahead of Valparaiso in the 200 IM.
Freshman Amy Smith brought home a pair of victories for the Purple Aces. In the 50 breaststroke, her 32.72 edged out Valpo by 0.36 seconds while her time of 1:10.73 in the 100 breaststroke helped her edge out the competition.
Madi Jones picked up a win over her on in the 200 free. Her 1:59.59 was over four seconds ahead of Valparaiso. Taylor Davidson also picked up a win, taking top honors in the 100 backstroke, posting a 1:01.84 while Kristen Myers led a trifecta for UE as they swept the top three spots in the 50 back.
The men had a stellar day of their own. Several Aces picked up victories, beginning with the 200 medley relay. Ethan O’Rourke, Everett Plocek, Matt Duke and Matt Childress won by over three seconds with their time of 1:34.99. In the 200 free relay, O’Rourke, Duke and Childress teamed up with Everett Plocek to win by almost three seconds, finishing with a time of 1:26.49.
O’Rourke picked up a nice win in the 50 backstroke. His 24.34 was 1.36 ahead of second-place Reid Mobley. He also grabbed the win in the 100 back as his 52.00 was 3.01 ahead of the rest. Childress came home victorious in the 50 free, running a quick 22.19.
Dan O’Brien came home with a pair of victories on Saturday. In the 50 fly, he won with his 23.39 while he took top honors in the 100 fly, finishing in 52.01. Three others picked up wins on Saturday, including Plocke. He swam a 48.49 in the 100 free. Troy Burger won the 200 IM in 2:01.76 while Jared Sutphin posted a 4:58.90 to defeat teammate Andrew Cotton.
In diving, Courtney Coverdale took the win in both the 1 and 3-meter dives. Her score in the 1m was a 277.87 while her 3-meter final was a 245.70. Miguel Marcano won the 1-meter men’s dive with his effort of 234.97 while Cory Barnes won the 3-meter dive with a 268.65.
Aces home to face Missouri State on Saturday
Game set for 11 a.m.
 An early-morning game is on tap for the University of Evansville men’s basketball team as the Purple Aces welcome Missouri State to the Ford Center for an 11 a.m. game.
The Missouri Valley Conference TV Network will broadcast the game. It will be carried live on Fox Sports Network in the Evansville area.
Sixteen lead changes took place as the Purple Aces fell by a final of 57-54 to UNI on Wednesday night. Trailing by as many as 11 in the first half, Evansville rallied back to go up by as many as four points in the second half. Egidijus Mockevicius recorded his 19th double-double of the season, which is tied for the most in the NCAA; he finished with 14 points and 13 rebounds, both game highs. Adam Wing finished the night with ten points, hitting 4 of his 6 attempts.
D.J. Balentine now stands at 2,262 career points jumped past Larry Humes into second place on the all-time Aces scoring list with his 18-point effort versus Wichita State. Balentine is also just 18 away from breaking Colt Ryan’s program mark of 2,279.
Egidijus Mockevicius is also within shouting distance of the top spot on the Aces’ all-time rebounding list. The senior has 1,122 boards in his career and is 88 behind Dale Wise’s mark of 1,197, which was set in 1961.
Missouri State comes to the Ford Center with a 10-13 mark, but are over .500 in the Valley, standing at 6-5. The Bears have won their last two games, both at home, defeating Illinois State and Bradley.
Three players average double figures, led by Dequon Miller, who stands with 12.7 points per game and will be one of the major favorites to be the MVC Newcomer of the Year. Camyn Boone checks in with 11.4 PPG, he also leads the squad with 6.3 rebounds per contest; Boone notched 18 points and 8 rebounds in the victory over the Braves. Chris Kendrix was the top scorer for MSU last time out, notching 21 points in a 77-71 triumph over the Braves on Tuesday evening.
The Bears hold a slight 33-30 edge in the all-time series against the Purple Aces, but UE has won three in a row. Evansville has been victorious in eight of the last 11 games against MSU and is 19-10 in home contests.
Indiana State Police Reminds Drivers to Celebrate Responsibly this Super Bowl
Indiana State Police Reminds Drivers to Celebrate Responsibly this Super Bowl
The Indiana State Police, in partnership with the Governor’s Council on Impaired & Dangerous Driving and the Indiana Criminal Justice Institute (ICJI), would like to remind all Indiana motorists to celebrate this year’s Super Bowl responsibly, by driving sober and safe.
“Whether it’s the Super Bowl or any other event, please remember that alcohol, drugs and driving aren’t in the athlete’s playbook and it shouldn’t be in yours’ either,†said Indiana State Police Superintendent Doug Carter. “Alcohol drugs and driving are a deadly combination to be avoided regardless of the occasion, so do your part to keep Indiana roads safe and have a designated driver.â€
During the 2015 Super Bowl weekend (6:00 p.m. Jan 30 through 5:59 a.m. Feb. 2), there were nearly 740 traffic collisions in Indiana. Of those, 45 were alcohol-related, with 60 percent involving a driver with a blood alcohol content of 0.08 or greater. In total, there were 14 injuries and 0 deaths as a result of alcohol-related accidents.
“Accidents involving impaired drivers is something we can all prevent,†said Council Chairman, Todd Meyer. “Together, we can work to keep each and every motorist safe during Super Bowl weekend.â€
The Indiana State Police, the Governor’s Council, and ICJI would like to remind motorists that accidents and deaths resulting from impaired driving can be prevented with the following precautions:
BEFORE THE CELEBRATION BEGINS
      plan a safe way home
Do not drive impaired Â
If you do drink, use a taxi, public transportation, ridesharing service or designate a sober friend or family member, and give them your keys
If you see a drunk driver on the road, call 911
If you know someone who is about to drive or ride impaired, take their keys and help make arrangements to get them home safely
Aces fall 66-52 at Bradley
Sara Dickey and the University of Evansville women’s basketball team got off to a quick start on Friday night at Renaissance Coliseum, but unfortunately for the Purple Aces, host Bradley was able to weather the storm and pull away with the 66-52 victory.
Dickey, who hit her first three shots from distance on the night, was held to just four points after the opening 10 minutes as she went on to lead the Aces with 13. The Montezuma, Ind., native has 1,494 points for her career, which ranks third all-time in the Aces history books.
Dickey’s hot start helped the Aces (2-19, 1-9 Missouri Valley) grab a 16-4 lead midway through opening quarter, but turnovers ultimately proved deadly as Braves defense buckled down and forced 27 miscues in the contest.
Camille Coleman was the only other player in double figures for UE, coming off the bench to score 11 on 4-for-8 shooting. Meanwhile, Jordan Campbell made the most of her second career start, ending the night with eight points.
The Braves (6-15, 2-8 MVC) were led by the reserve duo of Leti Lerma and Tamya Sims, who came off the bench to score 16 and 12 points, respectively. Anneke Schlueter chipped in another 13 to go along with four steals, and Sameia Kendall added five points and five steals.
Collectively, the Aces actually outrebounded BU 35-24, but the Braves held the edge in turnovers (27-12) and field goal percentage (.463-.422)
UE will be back in action on Sunday as the team hits the road for Chicago for a 2 p.m. tipoff at Loyola.
Capes and Crowns Night” Saturday at Ford Center
Rapid City Rush (17-22-2-1) vs. Evansville IceMen (15-22-4-1)
Saturday, February 6th – 7:15pm (Capes and Crowns Night)
Ford Center – Evansville, IN
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PREVIOUS MEETINGS
This Season – Final meeting of two this season.
- 1/13 – IceMen won 4-2 (in Evansville)
All Time – Second ECHL meeting: Evansville won 4-2 January 13.
- CHL (2010-12)– Evansville: 2-9-0; Rapid City: 9-2-0
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UPCOMING HOME GAMES
Sat. 2/6 – Rapid City at Evansville (7:15pm) – Ford Center
Capes and Crowns Night
Tues. 2/9 – Fort Wayne at Evansville (6:15pm) – Ford Center
Fat Tuesday – Mardi GrasÂ
Fri. 2/12 – Kalamazoo at Evansville (7:15pm) – Ford Center
Youth Backpack Giveaway, presented by Old National Bank
Sun. 2/14 – Cincinnati at Evansville (6:15pm) – Ford Center
Heart Night – Valentine’s Day
CAPES AND CROWNS NIGHT
Come to the Ford Center dressed as your favorite prince, princess, or superhero on Saturday! Capes and Crowns Night has been one of the most asked about promotions of the season, as the IceMen host the Rapid City Rush at 7:15pm. Tickets are available at the Ford Center Ticket Office or www.ticketmaster.com. For discounted group tickets, call an IceMen Account Executive at 812-421-GOAL (4625).
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LONG WINDING ROAD
The Evansville IceMen return home from their longest road trip of the season to take on the Rapid City Rush Saturday at 7:15pm at the Ford Center. The IceMen traveled over 2,600 miles over 11 days and played six games with stops in five cities. Evansville started off the trip with wins over Greenville and Atlanta January 22-23, before falling in overtime 6-5 in Missouri January 26. The IceMen finished off the journey with an injury-plagued roster and dropped the last three games, January 27 in Wichita and January 29-30 in Indianapolis.
JANUARY TO REMEMBER
Defenseman Chris Rumble turned January into his best month as a pro. The Buffalo, NY native compiled eight points (four goals, four assists) in nine games for the IceMen, including six of those points on Evansville’s recent road trip. With several injuries to the team’s group of forwards, Rumble was called upon to play up on a wing in four of the nine games, and recorded his first career hat trick January 22 in Evansville’s 6-3 win at Greenville. He was nominated for CCM ECHL Rookie of the Month for the first time in his career.
WATCH OUT FOR HIM
Defenseman Andrew Himelson brings a career high four-game point streak with him back to Evansville. The Monroe, NY native recorded assists in each of the last three games, and scored his first IceMen goal January 26 at Missouri. Evansville acquired the third year pro from Greenville in a trade right before training camp and he has appeared in 41 of the team’s 42 games.
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ROUGH RAPIDS
Rapid City travels to Evansville riding an eight game losing streak, and have dropped nine of their last ten games since January 13, when the IceMen overcame a 2-0 deficit to defeat the Rush 4-2 at the Ford Center. Saturday will be just the second meeting between the two teams since Rapid City joined the ECHL last season. Their previous meeting was March 17, 2012 when both teams were members of the Central Hockey League.
DIEUDE-FAUVEL RETURNS WITH THE RUSH
Defenseman Benjamin Dieude-Fauvel returns to the Ford Center for the first time since the IceMen traded the veteran to Rapid City January 20. The Bordeaux, France native recorded one assist in four games for Evansville, but has two goals in his first six games with the Rush.
DOMINO’S 4-GAME HAT PACK
Choose any four IceMen home games and get a FREE limited edition IceMen hat and a large 1-topping Domino’s pizza, starting at only $17 per ticket. Call the IceMen front office at 812-421-GOAL (4625) for details.