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Trucker’s widow entitled to prejudgment interest, COA decides

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Dave Stafford for www.theindianalawyer.com

The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.

The panel in Hoker Trucking, LLC and Linda L. Phillips v. Pamela K. Robbins, as Adminstratrix of the Estate of Mike Douglas Robbins, Deceased, 89A01-1411-CT-468, recognized a misinterpretation in its prior ruling.

“In our original opinion, we concluded that based on SCI Propane v. Frederick, 39 N.E.3d 675 (Ind. 2015), ‘Robbins, as the surviving spouse, was not entitled to recover attorneys’ fees and prejudgment interest as compensable damages’ under the general wrongful death statute,” Judge Patricia Riley wrote for the panel.

“Robbins has now filed a petition for rehearing in which she contends that the prejudgment interest was not awarded on the attorneys’ fees, as we alluded to in our opinion, but on the $6,000,000.00 jury verdict. As such, she asserts SCI Propane is not applicable, and instead we should have followed the directives of the prejudgment interest statute, I.C. Ch. 34-51-4, which notes in section 1 that prejudgment interest ‘applies to any civil action arising out of tortious conduct.’  We agree. Thus, we grant rehearing for the limited purpose of addressing the prejudgment interest award; in all other respects, we affirm our original opinion.”

Adopt A Pet

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Midnight is a 6-month-old male black kitten! He is curious and loves people. His siblings Turtle, Moonshine, and Wiggles are up for adoption, too! His $30 fee includes his neuter, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

 

AGENDA OF NEXT VANDERBURGH COUNTY BOARD OF COMMISSIONERS

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AGENDA

Vanderburgh County

Board of Commissioners

January 5, 2016

4:00 pm, Room 301

  1. Call to Order
  2. Attendance
  3. Pledge of Allegiance
  4. Invocation
  5. Election of Officers
  6. Action Items
  1. County Treasurer: Board of Finance
  2. Contracts, Agreements and Leases
    1. County Treasurer: Tax Statement Print and Mail Contract with The Master’s Touch, LLC
    2. Juvenile Court: Independent Services Agreement with Brian Oberst
    3. Community Corrections: 2016-2017 Grant Application Letter of Support
    4. Treatment Court:
      1. Contract with Brian Deardurff
      2. Contract with Regene Newman
    5. Commissioners:
      1. 2016 County Attorney Contract
      2. METS USI Transportation Contract with the City of Evansville 2016
      3. METS Elderly and Disabled Transportation Services between the City of Evansville and Vanderburgh County 2016
  1. Department Head Reports
  2. New Business
  3. Old Business
  4. Public Comment
  5. Consent Items
    • Approval of December 22, 2015 Meeting Minutes
    • Employment Changes
    • Superintendent of County Buildings:
      1. JE Shekell Proposal No. 155-2908 for OCH Boiler-Chiller Repairs
      2. JE Shekell Proposal No. 155-2896 for OCH Boiler-Chiller Repairs
      3. JE Shekell Proposal No. 155-2897 for OCH Boiler-Chiller Repairs
      4. JE Shekell Proposal No. 155-2898 for OCH Boiler-Chiller Repairs
      5. December 2015 Department Head Report
  • County Auditor:
      1. Approval of December 2015 A/P Vouchers
      2. Two Barrett Law Lien Releases for Bohannon Estates Barrett Law Project
      3. Vacation Rollover Request
  • Engineering: Department Head Report
  • Weights and Measure: Monthly Report
  • Rezoning:
      1. First Reading of Rezoning Ordinance VC-1-2016

Petitioner: Kasson Properties, LLC

Address: 4001 Big Cynthiana Road

Request: Change from Ag to C-4 with UDC

      1. Final Reading of Rezoning Ordinance VC-12-2015 as Amended

Petitioner: Charles & Carolyn Ann Farney

Address: 728 E. Baseline Road

Request: Change from Ag to R-4 with Amended UDC

  1. Adjournment

COA: Doctor Had Duty To Nurse Practitioner’s Patient Who Died

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Jennifer Nelson for www.theindianalawyer.com

An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.

Robert A.J. Ratts was treated by nurse practitioner Dena Barger, who owns her own medical practice. Pursuant to a collaborative practice agreement with Dr. John Collip, he was to oversee her prescriptive authority and review at least 5 percent of her charts on a weekly basis to evaluate her prescriptive practices. Indiana law requires a licensed physician to oversee an NP who prescribes legend drugs.

Ratts, a high-risk patient, was prescribed multiple medications by Barger, including Lortab, methadone, Wellbutrin, lithium and Xanax. He died in March 2009, and an autopsy revealed the cause of death was acute bronchopneumonia complicating mixed-drug interaction.

Collip never treated or saw Ratts in any capacity and never reviewed any of his medical records before his death or the lawsuit filed by Ratts’ mother, Vickie. In fact, he admitted that he never reviewed any of Barger’s charts on a weekly basis. Collip also has CPAs with 11 or 12 other NPs and also was working 90 hours per week as a family practice physician.

Vickie Ratts argued that Collip owed a duty to Ratts as a matter of law. The trial court granted summary judgment to her on that issue, which the Court of Appeals affirmed on interlocutory appeal in John Collip, M.D. v. Vickie Ratts on behalf of Robert A.J. Ratts, deceased, and Little Creek Family Health Center, LLP, 49A05-1501-CT-1.

The judges found all three of the Webb v. Jarvis factors weigh strongly in favor of the imposition of duty and held as a matter of law that a physician who enters into a CPA with a nurse practitioner has a duty of reasonable care to the NP’s patients in fulfilling his or her obligations under the CPA. The appellate court also found Collip had a duty under Section 324A of the Restatement (Second) of Torts.

“We again note that this holding does not render Dr. Collip the guarantor of Barger’s medical practices; instead, it merely requires him to fulfill his duty of reasonable care in complying with the CPA,” Judge John Baker wrote. “We express no opinion as to the remaining elements Mother must prove to prevail on her complaint, as those must be considered by a factfinder.”

IceMen Host Missouri and Wichita

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Missouri (25-3-0-1) vs. IceMen (12-15-2-0)             Wichita (7-20-1-3) vs. IceMen (12-15-2-0)

Saturday, January 2nd – 7:15pm CST                                                                    Sunday, January 3rd – 5:15pm CST

Ford Center – Evansville, IN                                                                                                 Ford Center – Evansville, IN

Union Night                                                                                                                                              Subway Family Night

 

Vanderburgh County Recent Booking Records

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Robinson ties career high in loss at UNI

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Sasha Robinson and Camille Coleman enjoyed breakout performances for the University of Evansville women’s basketball team, but their efforts would ultimately prove all for naught as Northern Iowa was able to weather every Purple Aces run to pick up the 62-51 decision at the McLeod Center on Friday night.

 

“I feel like we kind of let this game get away from us,” UE head coach Oties Epps said. “We had an opportunity to steal a win on the road here tonight. We didn’t execute as well as we should in certain situations, and it cost us.”

 

With the loss, the Aces fell to 1-11 on the year and 0-1 in Missouri Valley Conference play. Meanwhile, UNI moved to 6-6 and 1-0, respectively.

 

Robinson, who returned from injury four games ago, continued to establish herself as an offensive force for UE this season, tying a career high with 17 points on 7-of-14 shooting. She also pulled seven boards. Coleman was a spark off the bench for the Aces in the second half, finishing 5-for-9 from the field with 14 points.

 

However, UNI’s defensive efforts were able to stymie UE leading scorer Sara Dickey, who was held to nine points, marking just the third time this season that the junior has failed to score double-digits. She would still continue her climb up the school’s all-time scoring list, ending the night with 1,337 for her career, which is the sixth-best total in school history.

 

“UNI always does a good job against Sara, and they did again tonight,” Epps said. “They dedicate three players to try to make her life miserable and make her work for everything. It’s really hard, but on the flip side, she did a great job on defense. We didn’t get as much offense as we would like, but she made up for it on the other side of the court. We just need to work on getting her some help on nights like this.”

 

Dickey and Kenyia Johnson, who had combined for 55 points over the previous two games, were held to just 12 on Friday night.

 

The Aces once again looked formidable for much of the opening half, weathering an early UNI flurry before taking control late in the first quarter with an 11-0 run to grab a 15-12 lead after the opening 10 minutes.

 

Madison Weekly, who ultimately led the Panthers with 17 points in the game, keyed a big second-quarter run for the hosts with seven points. UNI mounted its own 11-0 surge in the frame before a Coleman lay-up sent the game into the break with the Aces down 29-24.

 

The scoring woes would continue after the half for UE until an eight-point spurt from Coleman over a two-minute span late in the third quarter cut the deficit to six at 41-35. However, every Aces run seemed to be answered with a three-pointer or second-chance bucket on the other end, effectively preventing UE from gaining the momentum it needed to close out the game.

 

UNI hit six treys on the night to UE’s five, and the Aces actually out-rebounded the hosts 36-32 in the contest.

 

The Aces will return to action later this weekend with a trip to Drake to close out the first conference weekend of the year. Tipoff from Des Moines, Iowa, is slated for 4 p.m.

 

 

HOT JOBS As Of JANUARY 1, 2016

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Department Of Labor Jobs In Indiana

Executive Chef 

Private Country Club – Carmel, IN
Ability to understand and analyze Budget & P&L Statements with knowledge of Food and Labor costs. Ability to work collaboratively with other departments

Rooms Manager: Drury Plaza Hotel – Carmel, IN
Drury Hotels 129 reviews – Carmel, IN
Operates the Housekeeping and Maintenance departments. Controls labor cost using the Housekeeping Best Practice procedure

Operations Manager
SmithFoods – Richmond, IN
Ensure the department manages all operational activities in compliance with the Food Safety Quality certifications of the facilities

ADMINISTRATIVE OFFICER
Department of the Army 26,212 reviews – Indianapolis, IN
$59,541 – $92,776 a year
Promotes acceptance and adherence of programs such as Sexual Assault Response Program, Equal Employment Opportunity, Federal WomenÂ’s Program, Labor Management

Director of Human Resources
CarDon & Associates – Indianapolis, IN
Complete all staffing and labor hours reports as requested by Administrators and Corporate HR staff. Work closely with department heads and nurse scheduling

Human Resources Specialist (Employee Relations/Labor Relatio…
Department of Veterans Affairs 1,206 reviews – Fort Wayne, IN
Preparing statistical reports and/or written guidance to produce generalizations about labor relations

Associate Store Mgr
Ricker Oil Company Inc. – Indianapolis, IN 46222 +2 locations
Manage labor according to company guidelines. The associate store manager is responsible for the day to day activities of its employee

DC Order Selector by Case – Full Time
Jay C Stores – Seymour, IN 47274
Execute job duties within established engineered labor standards. Comply with all department and company policies and procedures

Kroger Service Coordinator
ProLift Industrial Equipment 4 reviews – Indianapolis, IN
Any work (customer or internal) done by Service Department. Department to get parts to technicians, support training,

Staff Development Manager
STERIS – Indianapolis, IN 46201
STERIS Human Resources Department. Provided by the US Department of Labor’s Office of. Integrated Medical Systems International, Inc

Director of Human Resources
Scottys Brewhouse 2 reviews – Indianapolis, IN
Supervises the staff of the human resource department. Employment, compensation, labor relations, benefits, training, and employee
.
Area Manager – Med Device Distribution
Amazon.com.indc LLC 4,313 reviews – Whitestown, IN
Four key areas that you’ll always focus on are the safety, quality, customer experience, and productivity of your department
…
DC Order Selector by Case – Part Time
Jay C Stores – Seymour, IN 47274
Execute job duties within established engineered labor standards. Comply with all department and company policies and procedures

Kroger Food Service Coordinator
Canteen Service Company 5 reviews – Madison, IN
Responsible for entire Profit & Loss for account, including meeting cost control goals in the areas of waste, labor and product

Assembly General Labor
Adecco – Columbus, IN
$10.00 – $10.25 an hour
Report defective material or questionable condition to production department supervisor.

Admissions Representative
Ross Education, LLC 6 reviews – Granger, IN
Provide the Student Right to Know and Bureau of Labor Statistics data. Department of Education or the Council of Higher Education Accreditation (CHEA) preferred

Team Lead, PDC
Ingram Micro 338 reviews – Plainfield, IN
Ensures labor is reallocated from one department to another as required to meet each day’s business needs, minimize overtime and reduce labor costs.

NFI Industries 
Assists Project Manager with implementing NFI’s Safety, Security and Labor policies. Assists and provides coverage throughout departments during vacations

Community Healthcare System 9 reviews – Hobart, IN 46342
$27.59 an hour
Any person may provide documentary evidence bearing on this application to the United States Department of Labor, Employment and Training Administration

VP of Human Resources
Penn National Gaming, Inc. 46 reviews – Lawrenceburg, IN
Oversee Human Resources department. Manage the budget and other financial measures of the Human Resources Department

Administrative Assistant
Indiana Convention Center & Lucas Oil Stadium – Ca… – Indianapolis, IN 46225
Set-up and input Purchase Requisitions for Facilities Department Management staff. I

Crew Member
Mainscape – Indianapolis, IN
Employee must be at least 18 years of age and meet all applicable state-mandated labor laws. Mainscape, Inc will provide the Social Security Administration

Resource Specialist will also be responsible for Contract Labor timekeeping and invoicing via WFX technology

Corporate Safety, Training and Security Coordinator
Hoosier Energy Rural Electric Cooperative, Inc – Bloomington, IN
Serves as the main point of contact for Member Systems, Department of Labor, Department of Veterans Affairs and Ivy Tech for HEATS program

Special Events Intern (part-time, 20 hours weekly, Jan – Jun…
United Way of Central Indiana  Indianapolis, IN 46208
$10 an hour

Marketing Department, Engagement Division. Candidate must be willing and able to perform manual labor such as event set-up, teardown,

Service Advisor
Tom Wood Automotive Group – Indianapolis, IN
Keeps service department forms, menus and pricing guides up-to-date. Meet or exceed dealership objectives and goals for the service department

Food Service Coordinator
Canteen Service Company 5 reviews – Madison, IN
Responsible for entire Profit & Loss for account, including meeting cost control goals in the areas of waste, labor and product

Program Director
Healogics – Muncie, IN
Recruiting, interviewing, hiring and managing personnel in conjunction with the company/hospital’s Human Resources Department

Estimator
Professional Labor Support, Indianapolis, IN
$45,000 – $55,000 a year
Prepare detailed forward plans of work commitments and appropriate labor requirements. Work with departmental staff, client departments, contractors, suppliers

THE TOP STORIES OF 2016: YOU SAW THEM HERE FIRST

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Tyrades! By Danny Tyree

This is not the year-end column I had intended to write.

But over supper at McDonald’s, my son Gideon (my favorite 7th-grader) lamented that I write too many serious columns (like my Veterans Day and Christmas essays) and insisted I should concentrate on more tongue-in-cheek romps.

To keep peace in the family, I dusted off my crystal ball, made some extrapolations based on the trends of 2015 and cobbled together a batch of not-completely-unlikely prognostications for 2016. The headlines:

1. Miss Universe Pageant host Steve Harvey is also hired to announce winner of 2016 presidential campaign; viewers unsurprised when “Dewey defeats Truman” is the result.

2. Pope Francis continues his progressive reforms of the Catholic Church, with innovations such as Nerf rulers for Catholics school nuns, fill-in-the-blank Mad Libs confessional forms, FitBits geared for playing bingo and drone delivery of communion wafers; Saint Peter allegedly riled by the pontiff’s publication of “10 Coolest Afterlife Hacks.”

3. Queen Elizabeth II, the longest-reigning British monarch, explores the possibilities of uploading her consciousness to an immortal robotic body; Prince Charles explores the possibilities of having the British Navy conquer a country just for him.

4. Anthropologists in Gobi Desert discover a single temporary crown for a bicuspid and announce yet another cousin species to Homo sapiens; grant application promises, “Let us find a premolar to go with it, and we can tell you who brought tater salad to the family reunion.”

5. U.S. officials continue to do thorough job of vetting refugees; one official overheard saying, “Wait! You mean that guy from last week has a conjoined twin? Son of a gun! He didn’t mention that!”

6. A college president is forced from office for continuing to allow graduates to toss caps into air after receiving diplomas; this insidious form of hate speech OBVIOUSLY makes light of the GRAVITY of the situation facing African-American students.

7. President Obama responds to Donald Trump’s plan to spy on mosques by spying on Pentecostal churches; undercover agent declares, “I have had it with these %$#@ snakes in these %$#@ worship services!”

8. Bans on indoor tanning for teenagers lead to Orange Lives Matter movement.

9. Hipster retro trend gets another boost as North Korean dictator Kim Jong-un switches all his torture recordings to vinyl; streaming media replaced with streaming bayonet wounds.

10. Defiant China constructs another mysterious artificial island; construction supervisor would love to attend grand opening, but his mommy won’t let him stay up that late.

11. Rather than moving headquarters overseas, major corporation cuts tax bill by undergoing gender reassignment therapy; declares it makes only 77 cents on the dollar compared to rival companies.

12. Rhinos edge nearer to becoming extinct; losers spending a fortune on rhino horn-based aphrodisiacs edge nearer to getting an actual phone number from an actual girl.

13. Fast-food restaurants go beyond using free-range animals by placing consciousness of chickens and cattle in robotic bodies; trouble ensues as a Rhode Island Red addresses Parliament.

14. Another Secret Service scandal erupts; intoxicated agent drives car into Potomac River while rushing to protect President Dewey.

Yes, most of these scenarios could actually come to pass. Unfortunately, the most predictable headline of 2016 is “Body camera video shows officer telling Danny Tyree, ‘Just put the barely used journalism degree on the ground and nobody gets hurt.’”

*Sigh*

IS IT TRUE JANUARY 2, 2016

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IS IT TRUE we were taken aback by yesterdays CCO Blogger Pressanykey post concerning the proposed funding sources the IU Medical School-Evansville?  …Pressanykey post caught our attention and specks for itself?  …below is his post in yesterdays CCO for your review?

Pressanykey
Jan 1, 2016 at 11:14 am

“Out with the old and in with the new” is certainly what is taking place where the original financial figures for the IU Medical School component of the Regional Cities, Southwestern Indiana grant is concerned. Below are the figures used by Wathen and his team in their proposal:

The IU School of Medicine project is being financed with funding from the following sources:

City of Evansville (tax increment financing) $47,000,000.

City of Evansville (green infrastructure) $3,000,000.

Indiana General Assembly (IU and USI) $25,200,000.

University of Evansville $6,000,000.

Total: $81,200,000.

* * * * * * * * * * * * * * * * * * * * *

In today’s Evansville Courier&Press, January 1, 2016, front page above the fold, reporter Susan Orr states the figures quite differently for the IU Med School:

$112,100,000. Public funding

$62,500,000. Private funding

$9,000,000. Regional Cities Grant funds

$183,600,000. Total

* * * * * * * * * * * * * * * * * * * * * * *

That $9. million in Regional Cities seed money is going to take a lot of extra watering to bring the IU Med Center campus into bloom, and as one can see, most of that “water” comes from the public in the form of tax dollars.

Here is the original Southwestern Indiana RDA development plan application used to secure the grant money:

http://indianaregionalcities.com/wp-content/uploads/2015/08/Southwestern-Indiana-RDA-Regional-Development-Plan-Application_UPLOAD-2-220-pgs.pdf

Every local taxpayer needs to look at this document and understand just what this will cost you, your children, and their children.

EDITORS FOOTNOTE: Please refer to page 63 of this report.

 

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