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Nonprofit Ambulance Service Not Entitled To ITCA Protection

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NONPROFIT AMBULANCE SERVICE NOT ENTITLED TO ITCA PROTECTION

The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.

Sharpsville Community Ambulance Inc. entered into a contract with Tipton County to serve as the community’s primary emergency ambulance provider. Per the contract, Sharpsville is paid $16,000 by the county and its services are not open for hire by the public. It can only be contacted through the 911 dispatch system.

The ambulance company was responding to a call when the ambulance collided with Cynthia Gilbert’s car on U.S. 31. Gilbert and her husband filed a tort claim notice and sued Sharpsville Community Ambulance, seeking damages as a result of the accident. The trial court granted the couple’s motion for partial summary judgment that Sharpsville is not entitled to the protections of the ITCA because it is not a governmental entity.

On interlocutory appeal, the COA affirmed in Sharpsville Community Ambulance, Inc. v. Cynthia Gilbert and Randall Gilbert, 34A05-1503-CT-101.

The Indiana Supreme Court held in Ayres v. Indian Heights Volunteer Fire Dept., 493 N.E.2d 1229 (Ind. 1986), that the volunteer fire department is entitled to protections of the ITCA as the Legislature clearly intended to recognize volunteer fire departments as instrumentalities of local governments. In fact, after Ayers was decided, the Legislature added volunteer fire departments under the statutory definition of “political subdivisions” under the ITCA.

Given that the Legislature has not specifically included a definition that would include Sharpsville as a “political subdivision” for ITCA purposes, the COA was inclined to conclude that it is not entitled to ITCA protection, Judge John Baker wrote. It relied on Greater Hammond CmtyServs. V. Mutka, 735 N.E.2d 780, 782, to confirm its inclination.

“It is true that Sharpsville provides only emergency medical services, is comprised of volunteers, is a non-profit entity, can be reached only through 911, provides its services to a specific geographic area, and provides its services at the behest of the government for a nominal fee. These limitations, however, are self-imposed by Sharpsville’s voluntary decision to enter into the contract with Tipton County,” Baker wrote.

“There are no statutes, rules, or regulations that compel Sharpsville to adhere to any of these restrictions. Pursuant to Mutka, therefore, these facts do not support a finding that Sharpsville is a governmental entity. Sharpsville cannot voluntarily contract its way into the status of ‘governmental entity.’”

Care Facility Must Pay Legal Fees After $1M Negligence Verdict

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Care Facility Must Pay Legal Fees After $1M Negligence Verdict
Dave Stafford for the The IndianaLawyer

Sindledecker was a dementia patient who suffered serious burns in a fireplace that were not initially treated after staff found him unresponsive on the floor near the fireplace. According to the record, he later was hospitalized for 10 days for burn treatment before undergoing a skin graft. He never regained mobility and afterward could no longer feed himself. He died about a year and a half later.

The trial court denied the estate’s motion for attorney fees and its motion to correct error, resulting in this appeal. Sindledecker’s residence agreement with Greentree contained a clause that read, “In the event of any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, costs and attorney’s fees.”

The trial court held that because the estate had dismissed a breach of contract claim, the agreement was not at issue. But Judge John Baker wrote for the panel, “(T)he plain language of the residence agreement compels an award of attorney fees in this case.

“The judgment of the trial court is reversed and remanded so that the trial court may calculate reasonable attorney fees and award those fees to Sindledeckler’s estate,” Baker wrote in Carole Storch, as Personal Representative for the Estate of Charles Sindledecker v. Provision Living, LLC; PVL Tenant Holdings, LLC, d/b/a Greentree at Fort Harrison, 49A02-1505-CT-352.

WE NEED A LARGER TENT by Jim Redwine

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WE NEED A LARGER TENT

Gavel Gamut by Jim Redwine

When I was a child religion was clear to me. Other Christian denominations were okay, but mine was right. Jews and Muslims were not to be harmed, but needed to be saved. Pagans were to be treated paternally and atheists were to be pitied.

Today I hear some religious leaders postulate their god is different from another’s god. I suppose if one professes a belief in Rah, Apollo, or Neptune this would make some sense. However, some religious pundits claiming Christianity set their god apart from the god of Jews and Muslims, many of whom think the same way.

People of The Book, people who trace their faith back to Abraham who was born in what would be Iraq today, include Jews, Christians and Muslims. There are certainly many differences among these major religions and even differences within each religion. However, a belief that there is only one god is common to all.

I have no brief for any faith. However, when People of the Book, that is, people who may believe the Torah or the Bible or the Quran, denigrate other Peoples of the Book, history teaches intolerance or even violence may result.

During this Advent Season it might be worthwhile for those whose voices are listened to by vast numbers of believers in The Book, to look back to their common roots. This does not require a profession of faith in doctrines differing from one’s own. It only calls for a recognition of the rights of others to worship, or not, as they see fit.

Such would be my Christmas wish.

 

Vanderburgh County Recent Booking Records

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DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

CHRISTMAS 2016: THE PLANNING BEGINS HERE

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Dario Castillejos / Cagle Cartoons

If you’re like most people, you get a warm holiday glow from donating to a Toys For Tots program, tossing money into the Salvation Army kettle or shoveling the snowy sidewalk of a neighborhood widow.

But to a large extent, churches, civic groups and individuals are merely treating the symptoms with their Christmas charity. There are things we can do 365 days a year to get at the root causes of poverty and helplessness.

Yes, as an adult, that baby in the manger assured us, “The poor you will always have with you.” Sometimes bad things happen to good people. And sadly, “you just can’t help some (self-destructive) people.” But certainly there are lots of little long-term and short-term measures to decrease the number of people who wind up needing Christmas charity.

If you could refrain from speeding, texting while driving, driving under the influence and exhibiting road rage, you just might prevent a horrific accident. One or more families could be spared the loss of a breadwinner and the arrival of mountains of medical bills.

Taking a little pride in your work could make things more merry and bright for others. If you assemble a car, wire a house or mix food ingredients conscientiously, you’re less likely to cause a fatal accident.

No matter what you think you yourself can “handle,” if you have a friend with an addictive personality, don’t do anything to get him started on substance abuse, porn or gambling. Enablers have a poor track record for bringing true joy during the holidays. Perhaps a few more early interventions by friends and co-workers could prevent someone from becoming a burden on society.

Too many teenage girls get pregnant just so they’ll have SOMEONE (the baby) to love them. If you’re a teacher, neighbor or relative with a chance to intervene, let them know you care before they do something drastic.

I always get choked up when I hear the Merle Haggard song “If We Make It Through December.” I know, I know: “Nobody enjoys laying people off.” But I would still challenge employers to measure twice and cut once when contemplating leaving workers without a paycheck for an extended period.

Bite your tongue and count to ten before saying something that will tear a permanent rift in your family, thus leaving the most vulnerable members with fewer resources.

Churches must strive to be welcoming places. Networking should never be the primary draw of a place of worship, but it is nonetheless a valuable tool. The church family can help with transportation, babysitting, job tips and moral support BEFORE a troubled member hits rock bottom. But if a congregation is cold and judgmental, the neediest will be driven away.

With kind words and deeds, we can help the down-on-their-luck develop a healthy self-image. That means less pressure to hook up with an abusive partner, turn to drugs or rule out going back to school.

The media alert us to all sorts of charity cases at Christmas time, but I wonder to what extent they’ve CONTRIBUTED to the problem. Surely glamorizing casual sex, daredevil stunts and contempt for authority leads to a host of diseases, injuries, unwanted children and arrest records.

Thank God there are always generous hearts at Christmas. But a little year-round planning can keep those hearts from being overworked in a single season.

If you’re like most people, you get a warm holiday glow from donating to a Toys For Tots program, tossing money into the Salvation Army kettle or shoveling the snowy sidewalk of a neighborhood widow.

But to a large extent, churches, civic groups and individuals are merely treating the symptoms with their Christmas charity. There are things we can do 365 days a year to get at the root causes of poverty and helplessness.

Yes, as an adult, that baby in the manger assured us, “The poor you will always have with you.” Sometimes bad things happen to good people. And sadly, “you just can’t help some (self-destructive) people.” But certainly there are lots of little long-term and short-term measures to decrease the number of people who wind up needing Christmas charity.

If you could refrain from speeding, texting while driving, driving under the influence and exhibiting road rage, you just might prevent a horrific accident. One or more families could be spared the loss of a breadwinner and the arrival of mountains of medical bills.

Taking a little pride in your work could make things more merry and bright for others. If you assemble a car, wire a house or mix food ingredients conscientiously, you’re less likely to cause a fatal accident.

No matter what you think you yourself can “handle,” if you have a friend with an addictive personality, don’t do anything to get him started on substance abuse, porn or gambling. Enablers have a poor track record for bringing true joy during the holidays. Perhaps a few more early interventions by friends and co-workers could prevent someone from becoming a burden on society.

Too many teenage girls get pregnant just so they’ll have SOMEONE (the baby) to love them. If you’re a teacher, neighbor or relative with a chance to intervene, let them know you care before they do something drastic.

I always get choked up when I hear the Merle Haggard song “If We Make It Through December.” I know, I know: “Nobody enjoys laying people off.” But I would still challenge employers to measure twice and cut once when contemplating leaving workers without a paycheck for an extended period.

Bite your tongue and count to ten before saying something that will tear a permanent rift in your family, thus leaving the most vulnerable members with fewer resources.

Churches must strive to be welcoming places. Networking should never be the primary draw of a place of worship, but it is nonetheless a valuable tool. The church family can help with transportation, babysitting, job tips and moral support BEFORE a troubled member hits rock bottom. But if a congregation is cold and judgmental, the neediest will be driven away.

With kind words and deeds, we can help the down-on-their-luck develop a healthy self-image. That means less pressure to hook up with an abusive partner, turn to drugs or rule out going back to school.

The media alert us to all sorts of charity cases at Christmas time, but I wonder to what extent they’ve CONTRIBUTED to the problem. Surely glamorizing casual sex, daredevil stunts and contempt for authority leads to a host of diseases, injuries, unwanted children and arrest records.

Thank God there are always generous hearts at Christmas. But a little year-round planning can keep those hearts from being overworked in a single seaso

Adopt A Pet

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Meet Missy, a very sweet bunny who was found as a stray on Evansville’s west side! She had some minor wounds, either from being outside or improper housing in her previous home. Her $30 adoption fee includes her spay and a cardboard carrier! Visit www.vhslifesaver.org or call (812) 426-2563!

 

Governor Pence Spokesman Issues Statement on Department of Education Report

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The Pence administration issued the following statement from spokesman Matt Lloyd on the review of the ISTEP+ scoring process that showed no discernible impact on scores:

“Governor Pence is grateful to the Indiana Department of Education for undertaking this investigation. While the results of the report are encouraging, the governor will continue to listen to local educators and school leaders to inform his discussions with the Indiana General Assembly. The governor appreciates that this is a transition year and he will continue to work with legislative leaders to ensure that test scores do not affect teacher bonuses or compensation and that schools are treated fairly.”

The link below is to the DOE news release on the report of scoring of 2015 ISTEP+ by CTB McGraw Hill:

http://www.doe.in.gov/news/indiana-department-education-releases-report-scoring-2015-istep-ctb-mcgraw-hill

 

VANDERBURGH COUNTY FELONY CHARGES

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DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 

Below is a list of felony cases that will be filed by the Vanderburgh County Prosecutor’s Office on Wednesday, Dec. 23, 2015.

Greg A. Gray Dealing in cocaine, Level 4 felony

Dealing in cocaine, Level 5 felony

Jashaun L. Mitchell Burglary, Level 2 felony

Armed robbery, Level 3 felony

Armed robbery, Level 3 felony

Criminal mischief, Class B misdemeanor

Michael Brian Lindenschmidt Theft, Level 6 felony

Deltrice Lamecia Watkins Theft, Level 6 felony

Possession of marijuana, Class A misdemeanor

Chasity Ann Norton Theft, Level 6 felony

Possession of a narcotic drug, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Jeremy Scott Maynard Torturing or mutilating a vertebrate animal, Level 6 felony

Hakeem Abdul Wilson Dealing in a Schedule I controlled substance, Level 2 felony

Unlawful possession of a firearm by a serious violent felon, Level 4 felony

Possession of an altered handgun, Level 5 felony

Possession of a narcotic drug, Level 6 felony

Maintaining a common nuisance, Level 6 felony

Possession of a narcotic drug, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Brent Michael Jones Possession of a narcotic drug, Level 5 felony

Possession of methamphetamine, Level 5 felony

Possession of methamphetamine, Level 6 felony

Possession of a narcotic drug, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Possession of marijuana, Class B misdemeanor

Haley Brooke Cardwell Maintaining a common nuisance, Level 6 felony 

Rodney V. Broshears Jr. Operating a vehicle with an ACE of .08 or more, Level 6 felony

Christina Nichole Stephens Neglect of a dependent, Level 6 felony

Charles W. Mitz III Possession of methamphetamine, Level 6 felony

Maintaining a common nuisance, Level 6 felony

Possession of paraphernalia, Class A misdemeanor

Melinda K. Garris Unlawful possession of a syringe, Level 6 felony

Theft, Class A misdemeanor

Jonathan D. Bush Burglary, Level 2 felony

Armed robbery, Level 3 felony

Criminal mischief, Class A misdemeanor

Amanda J. Robertson Possession of methamphetamine, Level 6 felony

Maintaining a common nuisance, Level 6 felony

Possession of marijuana, Class B misdemeanor

Possession of paraphernalia, Class C misdemeanor

Donald Ray Brigham Jr. Auto theft, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Bonita Ann Rogers Theft, Level 6 felony

Neglect of a dependent, Level 6 felony

Mark Alan Gibson Jr. Burglary, Level 2 felony

Armed robbery, Level 2 felony

Armed robbery, Level 3 felony

Criminal mischief, Class B misdemeanor

Lockheed Files Federal Complaint over Humvee Replacement Deal

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Lockheed Files Federal Complaint over Humvee Replacement Deal
Military.comDec 21, 2015  by Matthew Cox

Lockheed Martin Corp. has filed a complaint in Federal Claims Court over the U.S. Army’s selection of Oshkosh Corp. to build 17,000 Joint Light Tactical Vehicles.

The JLTV competitor from Grand Prairie, Texas originally filed a protest the $6.7 billion contract award with the Government Accountability Office in September.

Then in early December, Lockheed filed a “Notice of Post-Award Bid Protest” with Federal Claims Court, stating that Lockheed intended to file a formal complaint with the court in mid-December, according to the GAO.

That move prompted GAO officials to dismiss Lockheed’s protest.  “Our Office will not decide a protest where the matter involved is the subject of litigation before a court of competent jurisdiction,” according to a statement from Susan A. Poling, general counsel for GAO. “Based on Lockheed’s submission of its Notice to the U.S. Court of Federal Claims stating its intent to file a protest with the Court involving the same subject matter as the protests pending before our office, we are closing our files without further action.”

Lockheed officials filed the complaint on Dec. 16.  “After careful consideration of all options, Lockheed Martin decided to file a complaint with the Court of Federal Claims concerning our Joint Light Tactical Vehicle (JLTV) contract award process,” according to a statement from Lockheed Martin. “We look forward to working with all parties involved on the next steps.”

In an earlier statement, Lockheed officials said they “were made aware of a substantial number of documents directly related to the competition that were not provided to the GAO or Lockheed Martin until very late in the protest process.”  “We believe this newly discovered information should have been considered by the GAO before issuing a ruling on the protest, however, GAO declined to grant an extension to the 100-day deadline and could not consider the new documents,” according to the Lockheed statement.

The Army plans to buy about 49,000 JLTVs to replace about a third of the Humvee fleet.
Lockheed and Boeing Co., are involved in a joint protest with the GAO over the Air Force’s decision to award Northrop Grumman Corp. a contract to build the Long Range Strike Bomber.

A team led by Northrop, maker of the B-2 Spirit stealth bomber and drone aircraft, beat out the Boeing-Lockheed team in October to win the $21.4 billion initial contract.

The next-generation bomber will be designed to fight through surface-to-air missiles, as well as electronic and information attack. It will also accommodate lasers and directed-energy systems,