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COA agrees lawsuit may continue in Indiana under Journey’s Account Statute

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Jennifer Nelson for www.theindianalawyer.com

Although a plaintiff in a lawsuit stemming from a car accident in Indiana used bad judgment when he filed the suit in federal court in Illinois, where he lives, there was no error by a Tippecanoe County court to allow the lawsuit to later proceed when filed there based on the Journey’s Account Statute, ruled the Court of Appeals.

Jerome Woroszylo sued Lafayette, Indiana, resident Israel Munoz for damages in November 2013 in federal court in Illinois after the two were involved in a car accident in Indiana on Nov. 29, 2011. Munoz filed a motion to dismiss, which the federal court granted in April 2014, based on lack of personal jurisdiction over Munoz. The case was dismissed instead of transferred to federal court in Indiana, and Woroszylo then filed a complaint two weeks later in Tippecanoe County against Munoz.

Munoz sought to also dismiss the state court action because it wasn’t filed under the two-year statute of limitations applicable to personal injury claims. The trial court denied the motion based on the Journey’s Account Statute.

On interlocutory appeal in Israel Munoz v. Jerome Woroszylo, 79A02-1409-CT-679, Munoz argued the circumstances of the dismissal of the complaint in Woroszylo’s action in federal court amounted to negligence under the terms of the Journey’s Account Statute, so that statute did not operate to save his claim from dismissal in Indiana.

When dismissing the case, the Illinois judge called Woroszylo’s decision to file in Illinois – where he and his treating physicians reside – an “elementary mistake and ill-advised strategy.” But there’s no evidence Woroszylo filed the lawsuit in Illinois with intent to abuse judicial process or create undue delay, Judge L. Mark Bailey wrote.

“Woroszylo’s decision to file suit in the Northern District of Indiana was bad judgment. Bad judgment is not, however, bad faith,” he wrote. “Indeed, we note that while the federal court had discretionary authority to decline Woroszylo’s request that his case be transferred into the U.S. District Court for the Northern District of Indiana, if Woroszylo had brought suit in an improper venue in an Indiana state court, transfer to an Indiana court with proper venue would have been mandatory under Indiana’s venue rules. This reflects Indiana courts’ general preference for deciding cases on their merits and for avoiding the construction of procedural obstacles to the presentation of such cases. Indeed, the very same policy is served by the Journey’s Account Statute.”

EVSC Virtual Academy to Host Informational Session

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Students in kindergarten through grade 12 and their families interested in learning more about virtual learning are invited to attend the EVSC Virtual Academy’s informational meeting Tuesday, April 21, at 6 p.m. at the Southern Indiana Career and Technical Center, located at 1901 Lynch Rd. in Evansville.

At the meeting, students and families will learn more about the EVSC Virtual Academy, review the content of the courses offered, receive instruction expectations, ask questions and more.

The EVSC Virtual Academy offers full- and part-time online instruction for students in grades 9 – 12 and full-time enrollment for students in kindergarten through eighth grade. The online curriculum is taught and facilitated by licensed EVSC teachers. The high school curriculum includes required and elective courses and numerous Advanced Placement courses. Students enrolled in online courses have regular contact with teachers to ensure they are progressing successfully.

For more information, individuals can contact Janet Leistner, director of EVSC Virtual Academy, at 435-0939 or visit www.evscschools.com/evscva.

Dr. Bucshon to Hold U.S. Service Academy Day

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Eighth District Congressman Larry Bucshon, M.D. (IN-08) will hold an informational session for all high school students interested in applying to one of the U.S. Service Academies on Saturday, April 18th, 2015.

Who: Congressman Larry Bucshon, M.D. (IN-08)
What: U.S. Service Academy Day
When: Saturday, April 18th, 2015 – 9:00am to 11:00am CDT (Registration begins at 8:30am CDT)
Where: VU Gibson County Center for Advanced Manufacturing & Logistics – 8100 South U.S. Highway 41 Fort Branch, Indiana 47648

The event will offer 8th District high school students the opportunity to learn more about the United States Service Academies, the application process, congressional nominations, and the everyday life of a Service Academy Cadet. More information on the event is available by clicking here. 

Representatives from these five academies will be in attendance:

-          The U.S. Air Force Academy in Colorado Springs, CO

-          The U.S. Coast Guard Academy in New London, CT

-          The U.S. Merchant Marine Academy in Kings Point, NY

-          The U.S. Military Academy in West Point, NY

-         The U.S. Naval Academy in Annapolis, MD

Each year, Dr. Bucshon has the privilege of nominating a limited number of high school students to attend four of the five service academies. The application process for a congressional nomination from Bucshon’s office for the class of 2020 will extend from March 1, 2015 until October, 1 2015.

For more information on the application process, students can visit - http://bucshon.house.gov/serving-you/military-academy-nominations or contact Samantha in Congressman Bucshon’s Evansville District Office at 812-465-6484.

 

IS DAN MCGINN TOO ELITE FOR HIS SEAT?

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Dan McGinn

Evansville City Councilman Dan McGinn was recently invited to appear on Tri-State Voices to answer questions from Democrat Mark Owen and Republican Cheryl Musgrave with his opponent for the May 5, 2015 Primary. McGinn refused to face his opponent conservative Tom Bozikis.

Tri-State Voices is a weekly 30 minute program broadcast on Sundays on local television and also available on the City County Observer website, the Tri-State Voices Facebook Page and the Tri-State Voices YouTube Channel. This program has bipartisan hosts who prepare questions for the candidates that are not disclosed prior to the program taping. For this election cycle the four City Council At Large candidates, four City Clerk candidates and one of the candidates for the Second Ward have already appeared. The candidates for the Sixth Ward will tape tomorrow night. The program has proven to be a fair discussion about important issues facing the community and is the only forum for the May 5th Primary where candidates must carry themselves. Unlike written questions that can be answered by anyone, candidates must think on their feet while viewers can surmise their comfort level and body language in answering tough questions.

Like Councilwoman Mosby, who also refused to appear, Councilman McGinn has a voting record he should be willing to discuss and defend. For example, in the last budget cycle, McGinn argued against budget cuts to Mesker Zoo but seemed proud of his willingness to cut fire suppression and law enforcement beyond a level that both agencies said they could absorb. Meanwhile, he wanted to spend $250,000 on the ShotSpotter program that would have had no impact on his ward while supporting cuts to public safety to pay for it that would have negatively impacted the residents he represents.

McGinn has never had an opponent for his City Council seat. He was appointed to the position at a political caucus and has never been challenged. Tom Bozikis is proving to be quite the opponent because of his true Republicans values. Both men are vying to represent an area that seems to have no problem with economic development. One difference between the candidates is how they feel about tax incentives. McGinn has professed his love for tax abatements to encourage businesses to locate in areas they would otherwise avoid.  Mr. Bozikis prefers to allow business owners to pick the spot best for them and pay their taxes. It’s an interesting debate given that City budgets have been upside down for the last three years and will have deficit spending again this year. McGinn’s willingness to cut the budget while also cutting potential tax revenue is a position worthy of discussion.

McGinn also supports annexation to grow the City’s tax base while Bozikis is opposed. McGinn’s position appears to be one of convenience, given the City cannot expand further to the east, and he would not have to take on angry annexed residents in an election. Mr. Bozikis has stated he is more interested in the City learning to live within its current means.

Other comments made by McGinn at City Council meetings are troubling. He has stated that he has no sympathy for homeowners caught in the mix of the new water meter installation and handed hefty bills for repairs. His comment was that it was the responsibility of home ownership and had no regard for large number of homeowners in the City struggling to keep their homes and who didn’t ask for a new water meter. He also stated that he didn’t care where people lived who were evicted for low level criminal acts under the Good Neighbor Ordinance. He seems to have forgotten that those people, whose behavior is not condoned here, often have families. He also rejected a rezoning in his ward that had the potential to be a worthy public housing project. He sat silently while residents he represents made broad, sweeping statements that poor people brought crime and trash. He should explain his stance concerning this worthwhile project given that the majority of Evansville residents struggle to survive. 42% of households county-wide do not earn enough to keep up with the cost of living in the area, and the median income in the County is higher than the City.  Another  troubling remark that Mr. McGinn made was at last night City Council meeting when he said “he open minded to taking away our ‘Homestead Tax Credit If economics merit it”.

We again invite Dan McGinn to answer questions and defend his record on Tri-State Voices. Our hosts will accommodate his schedule, as voters in the First Ward deserve to know how he feels about important governmental issue affecting them. The way it looks at this point is that Councilman McGinn “May Be Too Elite For His Seat”!

PLEASE TAKE TIME TO READ OUR READERS POLL QUESTION AND CAST YOUR VOTE ACCORDINGLY.

ST. MARY’S HOSTING SCRAPBOOKING EVENT TO BENEFIT AUTISM SERVICES

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St. Mary’s Center for Children will host the 6th annual “Crop-Paper-Scissors” scrapbooking and craft event Saturday, April 25th from 9:00 a.m. to 5:00 p.m. in the St. Mary’s Manor Auditorium. Early registration is $35 and ends April 17th. After that, the fee is $40. Proceeds help fund autism services for children in the community.
The event includes a variety of craft activities, including scrapbooking, make and takes, stamping cards, and gift ideas. Attendees are encouraged to bring their current projects. There will also be door prizes, a silent auction, and items for sale from vendors Doodlebug and Creative Dreams. Lunch will be provided.
April is Autism Awareness Month. Autism is the fastest growing serious developmental disability in the United States, affecting 1 in 88 children, according to the Centers for Disease Control and Prevention.
To reserve your spot at Crop Paper Scissors or to make a donation, contact Kelly Shaw at 812-485-4419 or Kelly.Shaw@stmarys.org.

ENTIRE EXAMINATION REPORT FOR WATER AD WASTEWATER UTILITIES

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 Attached is the link to the entire SBOA Examination Report of Water and Wastewater Utilities of Vanderburgh/Evansville Indiana for January 1,2013 to December 31, 2013.
 
Please read pages 25and 26 of this report see how the City  officials responded to the SBOA. 
PLEASE TAKE TIME TO READ OUR READERS POLL QUESTION AND CAST YOUR VOTE ACCORDINGLY.

Vanderburgh County Recent Booking Records

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

http://www.vanderburghsheriff.com/recent-booking-records.aspx

EPD Activity Report

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

Ivy Tech Community College Students to Participate in Statewide Days of Service

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Ivy Tech Community College will celebrate its 4th annual Ivy Tech Days of Service, which will take place April 9 through April 11 at all campuses statewide.

Ivy Tech Southwest students, faculty and staff will be volunteering at the Culver Family Learning Center in Evansville on Friday, April 10. Plans for the day include working with preschoolers on their community garden at Culver by tilling the soil, planting the seeds, fertilizing, etc. Culver has approximately 20 garden beds used to educate the preschoolers on healthy eating and the garden to table connection.

Service projects will be occurring across the state and involve more than 1,200 Ivy Tech faculty, staff and students. Each campus will partner with service organizations in their community to provide hands-on projects for students, faculty and staff to complete toget