 Governor Mike Pence will join the Indiana Toll Road Concession Co. for an infrastructure project announcement. Details below.
Tuesday, February 2:Â
Â
2:00 p.m. EST – Governor Pence to join Indiana Toll Road Concession Co. for an infrastructure project announcement
*Media are welcome to attend.
Indiana Toll Road Administration Building – 52551 Ash Rd., Granger, IN
Jennifer Nelson for www.theindianalawyer.com
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
Julia and Steven Roberts filed a medical malpractice complaint against Drs. Kevin Scripture, Richard Mangan, Judy Risch and Whitewater Eye Centers LLC regarding care and treatment Julia Roberts received on her left eye, leading to a corneal transplant. The medical review panel unanimously found the doctors failed to comply with the appropriate standard of care and that their conduct was a factor of the resultant damages.
The Robertses then sued and sought summary judgment. The defendant doctors’ responses to the summary judgment motion contained medical-expert testimony from each of the doctors, which simply set for their medical credentials and stated the care and treatment provided by each doctor met the applicable standard of care and was not responsible for her alleged injuries or damages.
Eighty one days later, the doctors filed a motion to supplement their affidavits with more factual information about case and treatment of Julia Roberts. The trial court denied the doctors’ motion and granted summary judgment for the plaintiffs.
The Court of Appeals affirmed in Kevin T. Scripture, M.D., Richard Mangan, O.D., Judy D. Risch, O.D., and Whitewater Eye Centers, LLC v. Julia and Steven Roberts, 49A02-1504-CT-211, finding the doctors’ affidavits did not set for specific facts regarding Julia Roberts’ care, but instead, echoed the denials of their pleading contrary to the requirements of Ind. Trial Rule 56(E), Chief Judge Nancy Vaidik wrote.
The doctors cited the Indiana Supreme Court’s decision in Hughley v. State, 15 N.E.3d 1000, 1002 (Ind. 2014), to support their argument their affidavits – even if self-serving and conclusory – can defeat summary judgment.
“Unlike in Hughley, however, here the Doctors cited no facts that would support that they met the standard of care or that their conduct did not cause the Robertses’ damages. The Doctors merely restated the denials in their pleadings. Hughley is inapposite,†Vaidik wrote.
The COA also affirmed the denial to supplement, noting that Trial Rule 56(C) provides that a party opposing a motion for summary judgment has 30 days to serve a response or any other opposing affidavits, and in this case, the doctors did not file their supplemental affidavits until 81 days later.
A Ford Center record crowd of 10,034 was in attendance
  A Ford Center record crowd of 10,034 people were in attendance as the University of Evansville men’s basketball team came up short against Wichita State by a final of 78-65 on Sunday afternoon.
In front of a full house, senior D.J. Balentine jumped to second on the all-time Purple Aces scoring list. He moved past Larry Humes on the scoring list and sits with 2,253 points, just 26 away from Colt Ryan’s record. Balentine scored a team-high 18 points on the day. Egidijus Mockevicius notched another double-double as he recorded 16 points and a game-high 12 rebounds. Mislav Brzoja also finished in double figures with 11.
“We got exposed a little bit, but we saw a lot in the first game. We got a lot of good opportunities at the rim, especially early, but just could not convert,†UE head coach Marty Simmons said. “I thought we really played hard, but we did not have enough big plays.â€
As a team, the Aces (18-5, 7-3 MVC) shot 34.8% on the day while the Shockers (16-5, 10-0 MVC) checked in at 38.7%. Fred VanVleet was the top scorer in the game, finishing with 32 points while converting all 15 free throw attempts.
Down 2-0, Blake Simmons got the Aces on the board with a triple. Wichita reeled off the next six points to go up 8-3 before the Aces tied the score at 10-10 on a Jaylon Brown 3-pointer at the 12:37 mark. Over the final 10 minutes of the period, Evansville hit just 1 of its 10 attempts as the Shockers added to their lead.
A pair of free throws in the final minute of the half by Fred VanVleet gave them their largest lead of the day at 32-21. The success for the Shockers came in their game down low as they outrebounded UE, 26-15, in the first half while owning a 22-6 advantage in points in the paint.
After shooting 23.8% in the first half, the offensive woes continued in the opening minutes of the second half as the Aces missed their first two shots while Wichita scored the first five points of the half before Adam Wing got the Aces on the board to make it a 37-23 game. Their lead would reach as many as 20 at 48-28 before the Aces made a run.
They would score the next eight points as Mislav Brzoja and Egidijus Mockevicius scored four apiece in the run. Evan Wessel halted the rally with a triple to make it a 51-36 game in favor of WSU midway through the second half. The lead for the Shockers remained in double figures for the remainder of the game as they finished off with the 78-65 triumph.
Evansville takes to the road once again, facing UNI on Wednesday evening in a 6 p.m. game. The MVC TV Network will televise the game.
IS IT TRUE in Sundays Courier and Press writer Tom Langhorn quoted DMD Director Kelly Coures that he thinks that Cheryl Musgrave was the one who sicced Federal Auditors on them last year? …if Mr. Langhorn wants to know the real truth who sicced the Feds on DMD all he has to do is contact George Lumley or Fred Thompson?
IS IT TRUE we hear the individuals that came here to look at the spending of DMD TARP funds  are not Accountants but are Special Agents?  …could the real truth be that they were sent here to do a  Federal Investigation of the spending of DMD TARP funds?  …this investigation is being  conducted by Special Agents of the Investigations Division of the Office of the Special Inspector General For The Troubled Asset Relief Program?  … it’s our understanding that the Feds have been investigating the spending of Federal TARP funds by DMD for about 7 months?
IS IT TRUE we wonder how many past and present elected or appointed city officials now have legal counsel because of this Federal Investigation?  …we hear the city may be paying for legal counsel to represent some of the above individuals?  … if the city feels the way DMD spent the TARP funds were proper and within Federal Guidelines why are they encouraging people to lawyer up?
IS IT TRUE we also understand that Special Agents of the Investigations Division of the Office of the Special Inspector General For The Troubled Asset Relief Program have conducted many interviews with past and present elected and appointed officials over the last several months? Â …we hear that some past and present city official declined to talk with the Special Agents from Washington, D C?
IS IT TRUE we wonder why the DMD Director Kelly Coures feels that Evansville Brownfield Corp is an independent organization and is exempt from “Sunshine and Open Meeting” laws?  . … Evansville Brownfield Corp principal officer (secretary and treasurer) is an employee of the DMD?  … Evansville Brownfields Corp is located in the DMD offices at the Civic Center?  …all the files of Evansville Brownfields Corp are stored at the DMD offices at the Civic Center?  … the office space and utilities  for Evansville Brownfields Corp are paid by the taxpayers?  …all the funding for the operations of Evansville Brownfields Corp are from the Federal, State, County or City tax monies?
IS IT TRUEÂ the INTERNAL REVENUE SERVICE Â has the authority to levy penalties on non-profit organization at $20 per day for late filing of the annual income tax returns form 990?
IS IT TRUEÂ after three years for not filing 990 tax return the organizations non-profit status could be terminated by the INTERNAL REVENUE SERVICE?
IS IT TRUE if the not-for-profit Evansville Brownfields Corp. hasn’t filled their 990 tax returns for 7 years is correct (2005 through 2011) it could cost them  $52,000 in late filing penalties? …long term DMD employee Carolyn Rusk is listed on the 2004, 2012 and 2013 990 tax form for the not-for-profit Evansville Brownfields Corp?
IS IT TRUEÂ just because an organization has non-profit status it does not exempt that organization from possible Unrelated Business Income subject to a 35% income tax to the IRS and 6% to the Indiana Department of Revenue?
IS IT TRUEÂ the City of Evansville doesn’t have an ordinance requiring not-for profits organizations to provide proof of form 990 filings before any public money is granted them?
IS IT TRUE todays “READERS POLL; “Do you feel its time for the books of the Evansville Brownfield Corp to be audited?
IS IT TRUE starting next week IS IT TRUE articles shall be posted on Mondays, Wednesdays and Fridays unless we have unexpected breaking news?
Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
YESTERYEAR-THE BROWN DERBY
Opening in the early 1930s, the popular Brown Derby was easy to recognize because of its distinctive “Brown Derby†sign on top of the building, which beckoned travelers along the busy stretch on South Kentucky Avenue. Diners could also enjoy dancing that often lasted until early dawn, and other conveniences included gas pumps and tourist cottages for overnight guests. The restaurant later became the House of Como, which moved a block away after a fire in 1969.
FOOTNOTE: 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.
Young Evansville Musician’s Latest Hit Ranks Top 50 on iTunes
For Trey Schafer, music has become more than just a hobby, but rather a passion that he hopes one day will lead into a career. “Sometimes, you have to throw practicality out the window and follow your dreams. I have always believed that it is possible to make a living doing something you love, but it takes the courage to jumpâ€, says the Harrison high school senior.
Treys passion for music began back in 4th grade when he received an electric guitar for Christmas, and he has been playing ever since. While being well-rounded, a Valedictorian of his graduating class and a premier varsity basketball player in the city, he says his heart will always belong to music. “It is an outlet for my stress, an escape from the busyness of everyday life, and the only way I know how to truly express myself.â€
Trey’s latest song “On Me†can be downloaded from iTunes where it has received enough notoriety to rank #30 among the apps hottest hip hop hits. Trey has always had strong ties to his Southern Indiana roots and it is important to him to gain support from the city in which he grew up. “I take pride in being born and raised in Evansville, often times I will represent the city that has given me so much in my music.â€
Keep an ear out for this young artist as he continues to make strides towards his dreams of being a musician.
 This handsome guy happens to be a handsome prince! Florian is about 4 months old. He and his 2 brothers, also male orange tabbies and also princes, are up for adoption too! Florian is a little shy, so a home with older kids may be better. His $50 fee includes his neuter, microchip, & first vaccines. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!
Byers has served in many positions with the Aces
 One of the true legends in University of Evansville athletics history will be recognized for his service to the school as Jim Byers will be honored at the February 20 men’s basketball game against Southern Illinois.
The former UE administrator will be recognized with a proclamation by Evansville Mayor Lloyd Winnecke prior to the Feb. 20 game while a video presentation will be played at halftime.
All former UE student-athletes are invited back to the game to honor Byers and tickets for them are available for just $5 through the alumni office. Please click the above link to reserve your tickets.
“I’ve been exposed and blessed to be around so many good leaders in my life, but none have been better than Coach Byers. His strength and compassion for the mission at hand – for the University, for the sports programs, but more importantly than those, for the people around him – help set him apart,†former Purple Aces men’s basketball coach Jim Crews said. “He is just so committed to the people around him, and he truly wants to make those around him better, and he takes you to places that you have never really experienced before because of that commitment.â€
Byers served in several capacities with the Purple Aces, including head football coach and athletics director. Since retiring in the late 1990’s, Byers has remained active in supporting the department and all of its sports.
“Jim has such a genuine love for the University of Evansville and the people that work there, especially for the student-athletes,†Byers’ nephew and 1988 MLB 1st overall draft pick Andy Benes commented. “And, it’s one thing to say it, but if you don’t live it out, it can fall on deaf ears. But, Jim has always lived out his faith, his deep love for people, and his commitment to the student-athletes and to the University.â€
