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Divided COA reinstates lawsuit of drunk man who fled, was hit by cars

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Dave Stafford for www.theindianalawyer.com

A bar will have to face a negligence lawsuit brought by a man who was served at least one drink before he fled from a police stop in handcuffs and was hit by two cars as he tried to cross a state highway.

The divided Court of Appeals opinion in Pamela Marlow v. Better Bars, Inc., 32A01-1504-CT-144, reinstated a negligence suit brought by the guardian of Kenneth Marlow. He spent more than three months recovering in the hospital from a broken leg, broken arm, broken ribs, a fractured skull and brain trauma after he was struck by motorists on State Road 67 in Hendricks County.

A police officer was dispatched to a White Castle restaurant where Marlow allegedly was creating a disturbance in the drive-through lane. The officer cuffed Marlow and moved his car from the line when Marlow attempted to flee across the four-lane divided highway.

Before this, Marlow had been drinking with co-workers at Bubbaz Bar & Grill in Camby. The record indicates Marlow stayed after the co-workers left, and he claims liability under the Dram Shop Act. A trial court granted summary judgment in favor of Better Bars Inc., the corporate parent of Bubbaz.

“Summary judgment was improper,” wrote Judge Patricia Riley in a majority opinion joined by Judge Robert Altice. “(W)e find the fact the Bar ‘served even one (drink) to a person who shortly thereafter was in a serious state of intoxication gives rise to a question of fact whether (Marlow) was visibly intoxicated at the time,’” Riley wrote, applying the language of Ward v. D & A Enterprises of Clark Cnty., Inc., 714 N.E.2d 728, 729 (Ind. Ct. App. 1999).

The majority also found a reasonable trier of fact could reasonably determine that Marlow’s intoxication impaired his judgment to the extent he fled from the police stop.

Dissenting Judge Elaine Brown agreed there may be an issue as to whether the bar had actual knowledge of Marlow’s intoxication, and summary judgment was proper because this was not the proximate cause of Marlow’s actions that resulted in his injuries.

“The intervening act of Marlow resisting law enforcement by running from the police and into the middle of a four-lane highway at night leads to the single conclusion that the Bar was not the proximate cause of Marlow’s injuries,” Brown wrote.

Troopers will be Coordinating Sobriety Checkpoint this Weekend in Gibson County

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Indiana State Police will be conducting a sobriety checkpoint this upcoming weekend. The exact location, date and time will not be released.  Motorists that are not impaired can expect only short delays of 2-3 minutes while passing through the checkpoint.

Troopers encourage all motorists to call 911 or the closest Indiana State Police Post when they observe another motorist that may be impaired.  Be prepared to give a description of the vehicle, location and direction of travel.

The Indiana State Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.

Mockevicius named MVC Player of the Week

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For the second time in three weeks of action this season, University of Evansville senior Egidijus Mockevicius has been named the Missouri Valley Conference Player of the Week.

 

It was another stellar weekend of action for Mockevicius as he set a Wooden Legacy rebound record with 46 in the 3-game tournament and 21 in the game against Santa Clara.  He averaged a double-double for the week with 14 points and 15.3 rebounds while hitting 54.8% of his attempts.

 

Mockevicius began the week with 13 points and 9 rebounds versus Providence.  He also blocked four shots against a larger Big East team. On Friday, Mockevicius hauled in a career-high 21 rebounds while scoring 8 points.  His 21 caroms was the single-game Wooden Legacy record and was the most for an Evansville player in over 30 years.  The center continued his efforts in the tournament with a 21-point, 16-rebound effort against UC Irvine.

 

He blocked a pair of shots in each of the final two games.  Mockevicius was named to the All-Tournament Team for his efforts.  He was the only player on the squad that did not play in the championship game.

 

Aces men home to face Alabama State on Tuesday

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Missouri Valley Conference Player of the Week and Wooden Legacy All-Tournament Team member Egidijus Mockevicius and the University of Evansville men’s basketball team return to the Ford Center on Tuesday evening to take on Alabama State in a 7 p.m. tilt.

 

Great seats are still available and can be purchased by calling 812-488-ACES, visiting the Carson Center Ticket Office or anytime leading up to the game at the Ford Center.

 

For the third season in a row, the Purple Aces have started the season with a 5-1 record thanks to a 2-1 performance in the Wooden Legacy that saw the Aces earn wins over Santa Clara and UC Irvine.

 

Two-time MVC Player of the Week Egidijus Mockevicius earned a great honor as he was named to the Wooden Legacy All-Tournament Team on Sunday.  The lone player on the squad that did not play in the championship game averaged a double-double in the event while setting the tournament record for overall rebounds and boards in a single game thanks to his 21 rebound effort against Santa Clara.

 

With Sunday’s 75-56 win over UC Irvine, the Aces have won 8 in a row over teams from the state of California.  The last loss came against UCLA in December of 1980.  Included in that streak are four wins in the last two seasons over schools from the state.  In last year’s Gulf Coast Showcase, UE defeated Fresno State and San Francisco before topping Santa Clara and UC Irvine in the 2015 Wooden Legacy.

 

This season, redshirt junior Mislav Brzoja has excelled in cutting down on turnovers while dishing out assists at a fast rate.  Through six games, Brzoja has registered 30 assists against just six turnovers, the top assist-to-turnover ratio in the Valley.  He added to that number in California, posting 19 assists and just 3 turnovers.

 

Alabama State enters Tuesday night’s game with a 2-3 overall record following a 66-64 triumph over Chicago State on Saturday.  The Hornets opened up the season with an 85-82 win at Virginia Tech.  Jamel Waters is the top player for ASU, checking in with 15.2 points per game; he also leads the team in assists with 20, steals with 11 and his 14 3-pointers.  Torloft Thomas (12.4 PPG) and Bobby Brown (11.4 PPG) also average double figures for Alabama State.  In their win over Chicago State, the Hornets were led by Waters’ 19-point effort as he drained 8 of his 9 free throw attempts and recorded five steals and three assists.

Adopt A Pet

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While the humans work all day, out in the sun they slave away, Sebastian’s devoting full time to napping under your tree! He’s just over 3 months old. His foster mom says he’s loving and gets along great w/ other cats & kittens. His $50 fee includes his neuter, microchip, & first vaccines. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption information!

Governor Pence Makes Appointments To Various Boards And Commissions

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Governor Pence Makes Appointments To Various Boards And Commissions.

Indiana State Commission on Aging

Charles F. McLean [Hendricks County], appointed to serve a four-year term through November 15, 2019

Indiana Arts Commission

Libby L. Chiu [Porter County], appointed to serve a four-year term through November 15, 2019

Ruth Ann Cowling [Clark County], appointed to serve a four-year term through November 15, 2019

Micah L. Smith [Hendricks County], reappointed to serve a four-year term through November 15, 2019

Indiana Criminal Justice Institute Board of Trustees

Rebecca A. Humphrey [Tippecanoe County], appointed to serve a three-year term through November 15, 2018

ISDH Healthy Hoosiers Foundation

Dr. Paul K. Halverson [Marion County], appointed to serve a three-year term through November 15, 2018

Indiana Land Resources Council

Steven C. Eberly [Warren County], appointed to serve a four-year term through November 15, 2019

Jeffry W. Healy [Hendricks County], appointed to serve a four-year term through November 15, 2019

Kara A. Salazar [Tippecanoe County], appointed to serve a four-year term through November 15, 2019

Matthew J. Williams [Kosciusko County], appointed to serve a four-year term through November 15, 2019

Lewis and Clark Expedition Commission

Jerry O. Robertson [Clark County], appointed to serve at the pleasure of the Governor

Carl E. Kramer [Clark County], appointed to serve at the pleasure of the Governor

Jerrold K. Wilson [Ripley County], appointed to serve at the pleasure of the Governor

Martin Luther King, Jr. Holiday Commission

Tracy E. Austin [Hendricks County], appointed to serve a four-year term through November 15, 2019

Medical Licensing Board

Dr. Bharat H. Barai [Lake County], reappointed to serve a four-year term through November 15, 2019

Dr. John P. McGoff [Marion County], reappointed to serve a four-year term through November 15, 2019

Mental Health Quality Advisory Committee

Jim A. Davidson [Hamilton County], appointed to complete an unexpired four-year term through July 31, 2018

Midwifery Committee

Alicia D. Holmes [Wabash County], reappointed to serve a four-year term through November 15, 2019

Regional Works Councils

Kristin A. Emaus [Porter County], reappointed to Region 1 to serve a two-year term through November 15, 2017

Linda M. Woloshansky [Porter County], reappointed to Region 1 to serve a two-year term through November 15, 2017

Shawn E. Hoffman [DeKalb County], reappointed to Region 2 to serve a two-year term through November 15, 2017

Dawn R. BonAmi [Allen County], reappointed to Region 3 to serve a two-year term through November 15, 2017

Debra L. Stam [Allen County], reappointed to Region 3 to serve a two-year term through November 15, 2017

Brad L. Rhorer [Tippecanoe County], reappointed to Region 4 to serve a two-year term through November 15, 2017

David A. Sulc [Montgomery County], reappointed to Region 4 to serve a two-year term through November 15, 2017

Kara J. Webb [Tippecanoe County], reappointed to Region 4 to serve a two-year term through November 15, 2017

David A. Brettnacher [Clinton County], appointed to Region 4 to serve a two-year term through November 15, 2017

Thomas L. Schott [Fountain County], appointed to Region 4 to serve a two-year term through November 15, 2017

David L. Dimmett [Boone County], reappointed to Region 5 to serve a two-year term through November 15, 2017

Nicole A. Elam [Marion County], reappointed to Region 5 to serve a two-year term through November 15, 2017

David A. Tucker [Marion County], reappointed to Region 5 to serve a two-year term through November 15, 2017

Rhonda M. Everhart [Rush County], reappointed to Region 6 to serve a two-year term through November 15, 2017

Jeremy W. Gulley [Blackford County], appointed to Region 6 to serve a two-year term through November 15, 2017

Patrick M. Moore [Vigo County], reappointed to Region 7 to serve a two-year term through November 15, 2017

Alan R. Dafoe [Monroe County], reappointed to Region 8 to serve a two-year term through November 15, 2017

Thomas E. Kinzer [Monroe County], reappointed to Region 8 to serve a two-year term through November 15, 2017

Karl H. Galey [Dearborn County], reappointed to Region 9 to serve a two-year term through November 15, 2017

Jan C. Holm [Ripley County], reappointed to Region 9 to serve a two-year term through November 15, 2017

Kathleen K. Huffman [Jefferson County], reappointed to Region 9 to serve a two-year term through November 15, 2017

Melissa G. Miller [Decatur County], reappointed to Region 9 to serve a two-year term through November 15, 2017

John R. Loya [Bartholomew County], reappointed to Region 9 to serve a two-year term through November 15, 2017

Kent W. Lanum [Clark County], reappointed to Region 10 to serve a two-year term through November 15, 2017

Kerry M. Stemler [Clark County], reappointed to Region 10 to serve a two-year term through November 15, 2017

Alan G. Taylor [Harrison County], reappointed to Region 10 to serve a two-year term through November 15, 2017

Terry A. Babb [Vanderburgh County], reappointed to Region 11 to serve a two-year term through November 15, 2017

Laurel A. Smith [Knox County], reappointed to Region 11 to serve a two-year term through November 15, 2017

Matthew G. Weinzapfel [Dubois County], reappointed to Region 11 to serve a two-year term through November 15, 2017

State Workforce Innovation Council

Pete V. Bitar [Madison County], appointed to serve a two-year term through November 15, 2017

Shannon Kiely-Heider [Hamilton County], appointed to serve a two-year term through November 15, 2017

Chris R. Lowery [Franklin County], appointed to serve a two-year term through November 15, 2017

 White River State Park Development Commission

Dawn C. Tabler [Hamilton County], reappointed to serve a four-year term through November 15, 2019

 

PEF to help parents thank staff & teachers

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Through December 11, the Public Education Foundation of Evansville, Inc., is offering its Holiday Thank a-Teacher and Salute-A-Staffer program, with cookies for the honorees.

With a donation to PEF, parents, guardians or grandparents can thank a particular teacher or staff member while also supporting PEF classroom grants.  Also, former students who wish to express gratitude for textbook and life lessons are encouraged to do so.

This year, in partnership with Piece of Cake, 210 Main Street, each thanked staff or teacher will receive a coupon for one free homestyle Piece of Cake cookie.

Requests must be received by December 11, and all thank you cards will be sent with a small gift to honorees by December 14.  The school principal will also be notified for the staff and teachers’ records.  Cookie coupons are good through December 21.

Proceeds from the program fund local Excellence in Education grants, provided by PEF to teachers and schools each fall.  On average, annually PEF awards $10,000 in Excellence in Education grants to 15-18 teachers and schools affecting more than 2,100 students each year.

Persons wishing to participate can access the Thank-A-Teacher and Salute-A-Staffer form through the “Support Us” page and also the “Home Page” at www.pefevansville.org or can send an

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Thank a Teacher PEF

e-mail request to info@pefevansville.org.  Donation amounts are confidential.  The thank you card will be sent to designated recipients within one week of receipt of donation.

The Public Education Foundation is a private not-for-profit agency that provides direct funding to local public schools and teachers for innovative, student-centered programs.  For 30 years, from an office at 100 NW Second St, Evansville, the PEF Board of Directors has provided thousands of students with professional-level, hands-on experience via direct support for its signature projects such as the House Building Project, Summer Musical, Missoula Children’s Theatre and academic team competitions.  Annually, PEF provides over $350,000 in program support, and direct teacher grants and student scholarships.

The mission of the Public Education of Evansville, Inc. (PEF) is to inspire and reward student-centered innovation in public education.  PEF Board, supporters and staff believe that high quality public education is fundamental to the economic, cultural and civic health of our society; and that all students deserve the best possible public education in order to realize their full potential.

Follow PEF on Facebook (https://www.facebook.com/pages/Public-Education-Foundation-of-Evansville-Inc/), Twitter (PEFEVV), and at www.pefevansville.org

IS IT TRUE December 1 and 2, 2015

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IS IT TRUE we would like to share with you a new publication called FEDERAL FUMBLES100 Ways The Government Dropped The Ball?  this publication was created by United States Senator James Lankford form Oklahoma?  …you can Goggle it to read the entire publication?  …heres a few TID BITS from this publication that we thought you would enjoy?

PAID VACATION, FEDERAL STYLE

Leave it to the federal government to find a way to pay people who are not working. The federal government has made it a habit to place workers accused of misconduct on paid administrative leave for months or even years. Yes, years!

GAO released a report in fall 2014 to review the practices of five departments: DOD, VA, USAID, GSA, and DOI. GAO found these departments spent a combined $3.1 billion on workers who were placed on paid administrative leave from 2011 to 2013, 29 $775 million of which went toward the salaries of 57,000 employees who were off work for one month or longer.  This is money paid from taxpayers who actually work hard to earn their salaries.

That is a lot of money to waste on not promptly and efficiently handling employee issues. Primarily, workers are placed on leave because they are under investigation for misconduct. Other reasons include whistleblowing and disputes among employees. Even for a complicated case of workplace misconduct, a more efficient and clear process would reduce this extreme waste of time and resources.

Congress should support a clear process for agencies to handle employees who are accused of misconduct or who have been placed on administrative leave for any other reason. If someone receives a paycheck, he or she needs to actually show up for work.

It is not fair to employees to keep them in limbo for months or years, and it is definitely not fair to hard-working American taxpayers to make them foot the bill for agencies that are unable to handle employee issues.

WIND PRODUCTION TAX CREDIT

Even during the hottest part of summer and the coldest part of winter, many families still keep tight control of their home’s thermostat. Electric bills can be expensive and difficult to pay. In 1992 Congress created the Wind Production Tax Credit to kick-start the development of the relatively young wind energy production industry.

The credit has changed over the last 23 years, but it currently grants a tax credit of 2.3 cents per kilowatt-hour of energy produced for the first ten years a new wind farm is up and running. In terms of boosting a relatively young wind industry, the credit has wildly succeeded; wind generation capacity has grown more than 3,000 percent nationwide since it was first put into law.  As an example, wind now contributes almost 15 percent of the State of Oklahoma’s net power generation. Thirty-eight states have renewable energy portfolio standards, including wind, that are either mandatory or voluntary,  and some have financial incentives at the state level as well.

Wind efficiency is up dramatically. This quality energy resource is now fully viable and useful. Every time the credit is extended another year, taxpayers pony up more than $6 billion over ten years for an industry that is already profitable. With trillions in federal debt, this taxpayer money should be used to pay for highways, national defense, or deficit reduction.

There is no longer a need for a federal subsidy to kick-start wind development; after 23 years it is fully developed. Wind energy has a place in the diverse portfolio of many utilities, but the federal taxpayer should not determine that place. American families, who are already worried about their own bills, should not subsidize the wind as it comes sweepin’ down the plain. To protect the taxpayer,  US SENATOR James Lankford form Oklahoma has introduced S. 2158, the PTC Elimination Act, which would permanently eliminate this subsidy from the tax code.

FEDERAL DIETS

The American economy is powered in no small part by the thousands of trucks on the road each day. It is certainly important for individuals behind the wheel of giant wheelers to be healthy. But do taxpayers really need to spend more than $2.6 million on a trucker weight-loss intervention program?

From 2011 to 2015, NIH awarded Oregon Health & Science University a total of $2,658,929 to conduct a cell-phone-based program for a “weight loss competition” and “motivational interviewing.” The federal SHIFT program included an initial six-month weight-monitoring program followed by a 30- month follow-up study. The shocking conclusion reached in the 2009 report: individuals who completed motivational interviewing sessions and computer-based training were better able to make healthy living decisions. Those who engaged in the challenging six-month study were then given the chance to participate in a 30-month study.

This extended program was designed to determine whether those who successfully completed the six-month study could maintain a healthier lifestyle without additional motivation or training. Individuals who participated in the program and in the entry phone interview were given a $20 gift card. Participants were then asked to self-report their weight, food intake, and exercise activities over the phone.

Encouraging people to make healthier living decisions is definitely a good thing that should be done—by doctors, families, and friends, not the federal government and not at a price tag for American taxpayers of $2.6 million over four years.  NIH should have thought twice before funding programs when private funding of research studies is a better avenue. Congress, in consultation with NIH and other research institutes, can better assess areas of federal research.

CMS FILES SECRETIVE SETTLEMENT

Here is a story about federal inefficiency that also cost American families a lot of money and could ultimately result in higher costs and fewer providers. When Medicare and Medicaid patients go to a doctor or a hospital, a claim is filed and, if considered eligible for reimbursement, the bill is paid directly to that doctor or hospital. If the claim is denied for any reason, the hospital has the right to appeal. Here is where the problem starts: CMS has such a dysfunctional, disorganized, and backlogged system that it cannot properly process the appeals. So instead of taking the time to actually fix its system, CMS just agreed to partially pay all the hospitals who appeal an already denied claim.

In June 2015 CMS settled for $1.3 billion with 1,900 hospitals and paid 300,000 claims previously deemed “medically unnecessary,” which were already reviewed and denied twice.44 Most of these claims were related to short inpatient stays, which have long been a source of abuse and improper claims. But worst of all, CMS paid these settlements from the Medicare Trust Fund without telling anyone or asking permission.45 Those who rely on Medicaid and Medicare deserve CMS to be a good steward in administering the programs, and taxpayers deserve to know their hardearned dollars are spent appropriately. A major part of the problem is this: the system of auditing the providers has so many problems and mistakes that good providers are treated like criminals instead of public servants. When a provider is forced to prove innocence, enormous numbers of appeals and a huge backlog are created.

Congress should immediately investigate how CMS got to this point, why major changes were not made, and how a more than $1 billion settlement could be made without congressional approval. This cannot happen again. American families cannot afford it, and good healthcare providers should not have to endure it.

IS IT TRUE todays Readers Poll is: “Are you pleased with the way Governor Pence has conducted himself over the last four (4) years”?

IS IT TRUE we are hoping to have at least 2 million page views by the end of the year?

IS IT TRUE you can expect some unpredictable activity on our site spearheaded by our Webmaster? …we urge you to be patient with us over the next 5 to 7 days?

IS IT TRUE that starting today IIT will posted twice a week?  …you can expect to read IS IT TRUE on Monday and Thursday of each week?

ST. MARY’S NAMES NEW DIRECTOR OF STRATEGIC DEVELOPMENT

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St. Mary’s Health is pleased to announce Keith Miller has been named Director of Strategic Development. In this role, he will direct growth initiatives involving regional hospitals and local and regional providers with a focus on improving care coordination and communication with our external partners.

Miller most recently served as the Senior Coordinator in Strategic Development with prior experience working as a paramedic with LifeFlight. He joined St. Mary’s in 2006 as a flight paramedic and was promoted to Lead Flight Paramedic in 2010. Prior to St. Mary’s, Miller served as an EMT, Advanced EMT, and paramedic with EMS throughout Southwest Indiana, including Warrick, Posey, Pike, and Dubois counties.

Miller is from Montgomery, Indiana where he graduated from Barr-Reeve High School. He earned his associate degree in paramedic science from Ivy Tech Community College-Southwest, a bachelor’s degree in health services from the University of Southern Indiana, and will begin the MBA program at Oakland City University in August 2016. He is certified by the Board of Critical Care Transport Paramedics and the National Registry of Emergency Medical Technicians as a Paramedic. Miller is also an Executive Board Member with the Indiana Association of Air Medical Services (INAAMS), where he served as President from 2011-2012, and also serves on the Kentucky AAMS board of directors.

LUKE BRYAN WILL BRING HIS “KILL THE LIGHTS TOUR” TO FORD CENTER

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KILL THE LIGHTS TOUR

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LUKE BRYAN

WITH SPECIAL GUESTS

LITTLE BIG TOWN DUSTIN LYNCH

February 18