Attorney Blog

Teen girls catching up with boys as reckless drivers

billfawley@lawwarsaw.com (Blog Author)27740 — Fri, 05 Mar 2010 08:00:00 EST

Teen girls catching up with boys as reckless drivers

For decades, auto insurance premiums for teenage boys have been higher than rates for girls because boys were more likely to be involved in serious accidents. They were statistically more reckless than girls. Unfortunately, the girls are catching up.

In a new report (Allstate Foundation’s State of Teen Driving Report), teen girls were found to be even more reckless than boys in several categories. They were more likely to speed more than 10 mph over the limit. They were more likely to use a cell phone to talk, text, or email while driving. They were more likely to adjust music selection or volume while driving. They were even slightly more likely than boys to drive aggressively.

These findings are not good news for parents of teenage girls. Expect more traffic related injuries and higher premiums in the future.

One Woman's Story of Surviving Meth Addiction - A long road to recovery.

tonygarza@lawwarsaw.ocm (Blog Author)23589 — Thu, 17 Dec 2009 08:00:00 EST

Amanda Noble of Marshall County details a childhood that lead to alcohol, marijuana and eventually meth as she struggled to fill a void she felt in her life. Her life spiraled out of control with the birth of two children and constant drug dependency until she was arrested and convicted on drug offenses. Prison and a faith in God turned her life around with the ironic help of the State Trooper who arrested her. Ms. Noble tells her compelling story to Rusty Nixon a correspondent for the Plymouth Pilot News. This recantment of her life is worth reading and passing on to any teenagers you may know. To view the entire four part series click on the link: http://www.thepilotnews.com/content/view/141518/1/

Marion County Jury Awards $10.2 Million in Jay Scoots Wrongful Death Case

billfawley@lawwarsaw.com (Blog Author)20913 — Mon, 02 Nov 2009 08:00:00 EST

No amount of money can bring back a loved one after a tragic death. Nevertheless, juries have the task of placing a monetary value on the loss of life caused by wrongful acts of others. The awards they make help us place values on other claims.

A Marion County jury has recently awarded $10.2 million to the widow of a construction worker killed on the job while working on a road project on I-465. Jay Scoots, 30, had fallen off the back of a moving flatbed trailer while part of a crew that was moving traffic-control signs. The victim's employer had previouslty been fined by IOSHA for failing to provide safety training and for allowing the sign crew to ride in the back of an opent trailer.

While it is true that not every claimant should expect an award this large, the verdict does indicate that some juries are going to take the loss of life caused by a negligent acts of others very seriously.

The Crying Need for Farm Transition Planning

mikeminer@lawwarsaw.com (Blog Author)18382 — Tue, 15 Sep 2009 08:00:00 EST

My friend, Janie Simms Hipp, {J.D., LL.M., National Program Leader (Cooperative State Research Education and Extension Service) for Risk Management Education, Farm Financial Management, Trade Adjustment Assistance and Beginning Farmer and Rancher Development Program} just wrote a very interesting article for the Agriculture Law Update, which is published by the American Agricultural Law Assocation. Janie points out that, "The 2008 Farm Bill containes many new programs and provisions recognizing the importance of our 'next generation' farmers and ranchers."   She notes that the advancing age of farmers and ranchers makes the need for farm transition planning greater than ever.

Statistics show that the lack of planning on the part of farmers is ALARMING.   A survey by Successful Farming found that only 30% of farmers and ranchers actually have an estate plan. Similarily, a Minnesota survey found that about 42% of farmers and ranchers had estate plans, but on 5% had farm transfer plans in place.

Clearly, this is a heartbraking disaster in the making for the families on and off these farms.

Tax Savings Series Part 8 - Indiana Inheritance Tax, or One More Reason to Move to Florida

chadminer@lawwarsaw.com (Blog Author)17030 — Mon, 17 Aug 2009 08:00:00 EST

Indiana Inheritance Tax or One More Reason to Move to Florida.

Jerry Seinfeld once observed "My parents didn't want to move to Florida, but they turned sixty and that's the law." So why didn't they move to Indiana instead? Well, maybe it was because the Hoosier state is a little lacking when it comes to palm trees and winters that do not involve weekly blizzard advisories, or maybe it was because Indiana is not lacking when it comes to death taxes. And now that we have learned a little bit about the U.S. federal estate tax, we will turn our attention to Indiana's inheritance tax.

Indiana taxes death using an approach that is a little different from that which is used by the federal government. While the federal government taxes the estate left by the decedent, Indiana taxes the amounts left to individual recipients. Indiana's inheritance tax scheme is based upon two factors: (1) the relationship between the recipient and the decedent, and (2) the dollar amount given to the particular recipient. And, again as with the Federal estate tax, any amount given to a surviving spouse is exempt from taxation.

There are three relational classes, and each class is based upon familial relationship (or lack thereof). The first is Class A, which includes lineal relatives of the decedent (grandparents, parents, children, grandchildren, etc.). The second is Class B, which includes non-lineal relatives of the decedent (brothers, sisters, nephews, nieces, sons-in-law, daughters-in-law, etc.). And, the third is Class C, which includes any other beneficiary of the decedent's estate.

The exempt amounts and rates are set so that the tax obligation due as a result of amounts received increases as the relationship between the decedent and the recipient becomes more distant. The first $100,000 received by a Class A beneficiary is exempt, after which tax will be imposed at a rate beginning at 1% and increasing up to 10%. The first $500 received by a Class B beneficiary is exempt, after which tax will be imposed at a rate beginning at 7% and increasing up to 15%. The first $100 received by a Class C beneficiary is exempt, after which tax will be imposed at a rate beginning at 10% and increasing up to 20%.

As can be seen, Indiana's inheritance tax has the potential to affect estates that are much smaller than those that are subject to the federal estate tax, but Indiana's rates are much lower (remember that for 2009, the federal estate tax rate is 45%). Also, unlike the federal tax regime, Indiana does not have a gift tax. This means that gifting can be an effective method of reducing the amount of Indiana inheritance tax that will ultimately be due. Of course, gifting can result in the imposition of federal tax if not done properly, but recall that in 2009, up to $13,000 ($26,000 for married couples) may be gifted to any number of individuals. And, obviously, there may be reasons why gifting may not be desirable apart from tax ramifications. Another way in which the Indiana inheritance tax burden can be lightened is by taking advantage of the differences between amounts that can be left exempt from taxation to recipients in the various classes and the relative applicable tax rates.

Please join me next time when we will begin a new series: Farming Isn't Just a Way of Life, It is a Business Too.

Medicare Law throws obstacles in the way of personal injury settlements.

billfawley@lawwarsaw.com (Blog Author)15714 — Thu, 23 Jul 2009 08:00:00 EST

New Medicare Law Adds Additional Obstacles to

Personal Injury Victims and their Attorneys

A new Medicare law may make it more difficult for plaintiffs and defendants to settle personal injury claims. In December of 2007 President Bush signed the “Medicare, Medicaid and SCHIP Extension Act of 2007” into law. The law requires the providers of liability insurance, and others, to determine the Medicare entitlement of all plaintiffs and report certain information about those claims to the Secretary of Health and Human Services. This legislation reinforces the intention of the federal government to ensure that Medicare is the payer of last resort. It is part of an ongoing transformation of Medicare reimbursement policy and practice and creates new challenges for lawyers and their clients in personal injury cases by adding another potentially time-consuming lawyer to the settlement process.

For more information visit www.garretsonfirm.com/MMSEA

Lawyer Advertising - The Debate Continues

billfawley@lawwarsaw.com (Blog Author)7327 — Tue, 16 Dec 2008 08:00:00 EST

A complete ban on lawyer advertising was lifted in 1977 by the U.S. Supreme Court. Since that time states, including Indiana, have added layers of restrictions on such advertising under the First Amendment’s commercial speech doctrine.

Because personal injury attorneys have traditionally done their share of advertising most of the restrictions have been directed at them. Rules are already in place that governs the method and content of attorney advertising. Now the Board of Governor’s of the Indiana State Bar Association wants to limit when the advertising can begin.

The Indiana State Bar Association is promoting a 30-day waiting period that would not allow a lawyer to advertise directly to a person or their family within a month of any accident or disaster for a personal injury or wrongful death action. Read more. It is interesting that Indiana trial attorneys who handle all kinds of injury claims are divided on the issue. Some favor the ban, citing the possibility of undue influence, intimidation, and overreaching. Others oppose it, believing that it will simply give unscrupulous insurance companies and adjustors a 30-day head start in orchestrating what may turn out to be an unfair settlement for the injured victim.

Enduring Values - Thoughts on Estate Planning

mikeminer@lawwarsaw.com (Blog Author)7002 — Thu, 04 Dec 2008 08:00:00 EST

People I talk with frequently begin the discussion of “estate planning”, as if it were simply a money transaction (i.e. who gets this thing of value, and who gets that thing of value---and is everyone getting an equal share?). I have discovered, however, that after we visit a while, they start talking about their real concerns. This usually opens up a whole new dimension!

Now the question is no longer whether everyone is getting an equal share, but whether everyone is getting a fair; or an appropriate share. Should the child who is a doctor receive the same as the child who remained on the farm? What should I leave to the child who is independently wealthy? What about the child with health problems; or the child who chose to sacrifice financial rewards in service of his fellow man? There are no right or wrong answers here. Each client must decide; usually in consultation with their spouse, and often with their children; the answer that is right for them.

Another concern that is often present, is the desire to “keep the farm in the family”---especially if it has already been in the family for several generations. Other concerns may be preserving a natural habitat; or supporting a church, a school, or some other charitable endeavor. Again there is no correct answer other than what is right for this person.

In my opinion, the lawyer’s role in this process should be to encourage the client to think through his or her personal values and desires, and help the client to draft an estate plan that accomplishes what the client really wants. Many people really do want to divide their estate equally among their children, and if that is what they want, the lawyer should do that in a fashion that minimizes State as well as Federal taxes; and also in a fashion that provides protection against ex-spouses and creditors of the children. We lawyers should not, however, just make assumptions about what a client wants. Granted, it takes more time to actually talk with a client about what he or she wants, but I think it is much more satisfying and productive. I reassure my clients that it is their money; they have worked hard to accumulate it, and they should do what they want with it.

Winter Driving

billfawley@lawwarsaw.com (Blog Author)6947 — Wed, 03 Dec 2008 08:00:00 EST

Winter Driving Conditions Already Upon Us

Even though we have barely cleared the Thanksgiving holiday, unseasonably cold temperatures are creating dangerous driving conditions across Indiana. Don’t let the calendar fool you! Freezing rain, ice, and snow should drastically alter your approach to driving no matter when Mother Nature chooses to send them our way.

When weather conditions make roads slick we are tempted to blame the increased frequency of motor vehicle accidents on the weather. But ice and snow do not cause automobile accidents. People driving too fast on ice and snow cause accidents and personal injuries. Slow down when road conditions are bad. It will increase your chances of still being here to enjoy spring when it arrives.

Indiana Lawyers Restricted from Posting Accident Case Results

billfawley@lawwarsaw.com (Blog Author)4462 — Tue, 09 Sep 2008 08:00:00 EST

Indiana Lawyers Still Restricted from Publishing Case Results for Accident Victims

Visit a personal injury attorney website or read a publication from almost any other state and you will find a section usually lacking from materials from most Indiana lawyers who handle accident claims; a CASE RESULTS or SETTLEMENTS/VERDICT section in which the lawyers list fact situations from real-life claims they have handled, including the results. Not so in Indiana, according to the Indiana Supreme Court Disciplinary Commission.
On September 4, 2008 the Indiana Supreme Court imposed a public reprimand on Indianapolis personal injury attorneys Scott Benkie and Douglas Crawford for engaging in attorney misconduct in the advertisement of their legal services. In a firm brochure entitled "We Work for You," Benkie and Crawford described several prior successful representations by listing the area of law, client names, amounts recovered, and other facts.

READ MORE
http://www.state.in.us/judiciary/opinions/pdf/09040801per.pdf

Expect more disciplinary actions in the future. Despite the fact that Indiana lawyers who assist accident victims are prohibited from making self-laudatory statements, using any statement that is likely to create an unjustified expectation, and from making any statement that contains statistical data or any other information based on past performance or prediction of future success, some lawyers even in Indiana, continue to ignore advertising rules by listing jury verdicts and settlement amounts they have recovered for injured clients.

WHAT IS FARM SUCCESSION PLANNING?

mikeminer@lawwarsaw.com (Blog Author)3806 — Tue, 05 Aug 2008 08:00:00 EST

Succession planning is simply planning for the transition when you are no longer running the business.     You will either die, become incapacitated or simply decide to do something else, but regardless at some point you will no longer be at the healm of your business.   Like the ostrich, many of us apparently think that if we stick our head in the sand, and ignore this reality, it will go away. Thus, in the great majority of cases, the ":succession" occurs without the "planning".

As we all know, the results of almost any endeavor are better if we have planned the endeavor than if we simply leave the results to chance.    In fact, plannning for a business transition is probably more important than most of the other endeavors you have undertaken.    Unfortunately, most people have not planned for the successsion of their business whether it be farming or any other type.   The results of this have frequently been catastrophic, resulting in the failure of the business. Without proper planning, the new "decision maker" has not been properly trained, the entity has not been structured to allocate decision making authority in the proper way (i.e., "non-farming" siblings may veto the decisions of the "farm operator" or estate tax requirements may cause the liquidation of the business assets).

We will explore the nuances of transition planning in much greater depth as we go along, the starting point is simply that succession planning involves a conscious, problem solving approach to the ineveitable fact that no business is going to continue forever under the present operator.   Therefore, it is wise to plan for this transition rather than simply trusting to luck, or pretending that it will never happen

DO YOU TEXT & DRIVE? DISASTER ON INDIANA HIGHWAYS!

billfawley@lawwarsaw.com (Blog Author)3695 — Wed, 30 Jul 2008 08:00:00 EST

Texting While Driving – A Recipe for Disaster on Indiana Highways

Indiana State Senator Dennis Kruse, R-Auburn, found out the hard way that speaking on a cell phone can be a distraction while driving when he lost control of his own vehicle while talking on his phone and ended up in a ditch. That experience caused him to author Senate Bill No. 119, which proposes to make it a Class D infraction for a person less than 18 years of age to drive while using a hand-held mobile phone. He hopes that once the bill gets a hearing that it can be expanded to include older drivers.

Even more disturbing, there is evidence that a huge percentage of drivers, especially young ones, are blending the tasks of driving and text messaging. A recent Zogby poll revealed that 66 percent of drivers in the 18 to 24 age range confessed that they use their phones to text while driving. Currently, only two states (Washington and New Jersey) have passed statutes prohibiting driving while texting. Hopefully, Indiana will take the lead in eliminating this class of distracted drivers from our highways so that potential auto-related tragedies might be avoided.

Smaller Cars May Increase Your Insurance Costs

billfawley@lawwarsaw.com (Blog Author)3693 — Wed, 30 Jul 2008 08:00:00 EST

Unintended Insurance Consequences of Switching to a Smaller Car

Cost conscious Americans in waves are downsizing to smaller vehicles. The good news is that they are saving money on fuel costs and are reducing emissions. The bad news is that they may be switching to a vehicle that is less safe to drive, and as a result their auto insurance premiums are going up (“Downsizing: Switching to a Small Car Can Increase Your Insurance Bill.”

www.insure.com/articles/carinsurance/small-car.html. 16July2008.)

Small cars are simply not as safe as larger cars and trucks. They tend to get in more accidents than larger vehicles, which creates higher repair costs and more litigation costs resulting from personal injuries. The size of the vehicle is not the only factor that causes more and larger insurance claims. Because smaller cars tend to be less expensive they are driven by younger, higher-risk drivers.

Indiana Court of Appeals Helps Accident Victims in "Measure of Damages" Ruling

billfawley@lawwarsaw.com (Blog Author)3587 — Wed, 23 Jul 2008 08:00:00 EST

Automobile insurance companies and lawyers who represent insured people in Indiana have long battled over what amount might be presented at trial as the medical expenses caused by a motor vehicle collision. Plaintiff’s counsel (those who represent the injured person) has always advocated the position that the full amount of medical bills incurred was the relevant measure of the damages caused by the negligent driver. Defense counsel (those who represent the drivers who caused the collision) has always maintained that the only amount presented at trial should be the amount paid not the amount billed. They wanted the at-fault motorist to receive the benefit of any write-offs received by the injured person that were negotiated by his own insurance company. Obviously, this tactic could produce significantly lower recoveries by injured motorists by reducing the amount of the medical bills attributed to the injuries sustained in the accident.

Until recently Indiana law was unsettled in this area. The Indiana Court of Appeals, Stanley vs. Walker, 888 N.E. 2d 222 (Ind.App. June 3, 2008), recently made a finding that injured parties are allowed to present the full amount of medical expenses incurred as a measure of damages to a jury for verdict consideration.

http://www.in.gov/judiciary/opinions/pdf/06030803cld.pdf

YOU MAY NOT BE IN "GOOD HANDS"

billfawley@lawwarsaw.com (Blog Author)3495 — Thu, 17 Jul 2008 08:00:00 EST

Allstate is in the news again. According to a report released recently by the American Association for Justice, Allstate heads a list of greedy insurance companies that routinely refuse to pay just claims, employ hardball tactics against their own policyholders, reward CEO's with extravagant salaries, and continue to raise premiums while enjoying huge profits.

Visit www.sunherald.com/business/story/675669.html to see the top 5 offenders on the list (including State Farm at #4).

Allstate and State Farm sell a huge share of auto insurance policies in Northern Indiana, including many drivers in Kosciusko County. Given the massive profits reported by these two insurance giants you would think that they could afford to be cooperative in resolving personal injury claims and protecting their own insureds. Not so. Judges, mediators, medical providers, and accident attorneys throughout our area have experienced extreme frustration in dealing with claims for injuries involving these two insurance companies. Unfortunately, when injured people are hurting and need help the most, they are finding that they are in a war with their own auto insurance company.

Statistics Indicate Teen Girls Rival Teen Boys as Reckless Drivers

ktasrose@comcast.net (News Author)13242 — Fri, 05 Mar 2010 08:00:00 EST

Teen girls catching up with boys as reckless drivers

These findings are not good news for parents of teenage girls. Expect more traffic related injuries and higher premiums in the future.

Indiana State Police Debut Computerized Pseudoephedrine Tracking System

ktasrose@comcast.net (News Author)11979 — Tue, 29 Dec 2009 08:00:00 EST

Indiana State Police will debut a new computerized pseudoephedrine tracking system in March of 2010. It is the hope of the Meth Suppression and Drug Enforcement Section of ISP that the computerized system will enable investigators easier access to those who are purchasing large quantities of the drug that is commonly used to manufacture methamphetamine. Currently officers must pour through handwritten log entries wherever cold medications are sold. The new program should assist investigators in more efficiently investigating clandestine meth labs and the "smurfing" of pseudoephedrine products.

The Indiana Meth Intelligence System will not only hold the electronically reported pseudoephedrine sales in the state, but also a variety of thother meth specific intelligence sources to assist in tracking meth cooks and smurf groups.

The Drug Enforcement Agency in 2008 ranked Indiana second in the nation in meth labs siezed. Elkhart, Kosciusko and LaGrange counties in Indiana were ranked in the top ten in the State for labs siezed in 2009.

SAFETY TIPS FOR NEW YEARS EVE

ktasrose@comcast.net (News Author)11837 — Tue, 22 Dec 2009 08:00:00 EST

Every year New Year's bashes are becoming bigger and gibber. Common sense tactics need to be applied. The onus of a safe party lies with the host.

Before the evening begins, select a designated driver.
Don't drink and drive any vehicle, including a bicycle.
Make sure your bartender has had server training to prevent overserving.
Call a cab if you drink and do not have a designated driver.
Turn your keys over to a sober friend if you have had too much to drink.
Remember the blood alcohol concentration is .08% nationwide.
Serve foods high in fact to help coat the stomach lining.
Fruit mixers mask the tase of alcohol and may cause guests to drink more.
Carbonated mixers cause alcohol to be absorbed into a person's system more quickly.
Keep alcoholic drinks out of reach of your pets. It could be deadly.
Do not rely on a guests appearance as a gauge of his/her sobriety.

Dorinda C. Conley of Syracuse Killed in Sunday Morning Crash

ktasrose@comcast.net (News Author)11409 — Mon, 23 Nov 2009 08:00:00 EST

Dorinda Conley, 39, of Syracuse, Indiana was killed early Sunday morning when witnesses say her car suddenly ran off the roadway and struck a tree on CR 900 North in Kosciusko County. Ms. Conley was pinned inside the vehicle and had to be extricated by the Syracuse/Turkey Creek Township Fire Department. The Kosciusko County Fatal Alcohol Crash Team/Critical Investigation Team is still investigating the crash.

Funeral arrangements can be viewed at http://www.newswithstaceypage.com/obituaries.cfm

Kosciusko County Sheriff's Department Remembers Fallen Officer, Jeff Shaw

ktasrose@comcast.net (News Author)11287 — Sun, 15 Nov 2009 08:00:00 EST

A Kosciusko County Sheriff squad car is located outside the department headquarters as a memorial for persons to pay their respects to Sergeant Jeff Shaw.     Shaw was killed in an auto/truck crash on November 12th while on duty in the Southern part of Kosciusko County.

Shaw is remembered first as a devoted family man and then to his job at the department, those that worked for and with him, as well as those he protected.   He was very well respected and highly thought of by his brothers in the department.

Funeral services will be at 11:00 a.m. Tuesday, November 17th at Warsaw Community Church, 2300 Ranch Road, Warsaw, with Pastor Denny Wilson officiating. Burial will be at Oakwood Cemetery with full honor guard detail.    Calling is from 1:00 to 8:00 p.m. Monday at the church.

A private Masonic memorial service will be conducted by masters and past masters of Kosciusko County lodges.

McHatton-Sadler Funeral Chapel, Warsaw, is in charge of the arrangments.

Sergeant Jeffrey Shaw Killed While on Duty in a Squad Car/Truck Collision

ktasrose@comcast.net (News Author)11266 — Fri, 13 Nov 2009 08:00:00 EST

Kosciusko County Sheriff Sergeant, Jeffrey Shaw age 40, was killed Thursday in a squad car/truck collision on Indiana Highway 14 near Silver Lake, Indiana in the Southern part of Kosciusko County. Sgt. Shaw was on regular patrol duty when the collision occured around 2:47 p.m.

Investigators state that Shaw's cruiser was struck by a truck hauling scaffolding, driven by Steven Byerly, 53 of Fort Wayne. After a preliminary investigation, it is believed that Byerly's truck left the roadway, he overcorrected and struck the passenger side of Shaw's cruiser after crossing the center line. Both vehicles caught fire after impact. Byerly was pulled from the truck by a passerby, however, Sgt. Shaw had to be extricated from the squad car by fire and rescue officials. Both were transported to Kosciusko Community Hospital where Sergeant Shaw was pronounced dead from blunt force trauma. Byerly was treated for a minor head injury and released.

Sergeant saw leaves behind a wife, Angela, and two young children, Nicholas age 9 and Isabella age 7.

A very tragic and sad loss for the Shaw and Kosciusko Sheriff's Department families.

Warsaw Woman Serious After Highway 30 crash

ktasrose@comcast.net (News Author)11257 — Thu, 12 Nov 2009 08:00:00 EST

A two vehicle collision on Highway 30 at 200 North (near Biomet Drive) left one Warsaw woman in serious condition Wednesday. Beth A. Bumgardner was crossing the intersection when she was struck in the driver's side by an vehicle being driven by Scott A. Haines of Bourbon. Haines reported that he could not see the traffic light due to the morning sun. Bumgardner was pinned in her vehicle until extricated by the Warsaw Fire Department. She was airlifted to Parkview Memorial Hospital in Fort Wayne with internal, neck and head injuries. She is listed in serious condition. Haines suffered shoulder injuries and was transported to Kosciusko Community Hospital for treatment.

The crash remains under investigation.

WARSAW SET TO CELEBRATE "AMERICA RECYCLES DAY"

ktasrose@comcast.net (News Author)11258 — Thu, 12 Nov 2009 08:00:00 EST

The Kosciusko County Solid Waste Management District is taking part in Saturday's America Recycles Day by hosting an event at the KC Recycling Depot.

Activites begin at 9 a.m. at the Depot, located at 220 S. Union St. in Warsaw, and will continue through 3 p.m. A few of the activities for the day will be live radio remote by WIOE from 10 a.m. to noon, free doughnuts and hot cider, hourly door prizes and several hands-on activities.

A workshop for kids will feature the making of birdhouses from recycled products and is scheduled for 12:00 noon. Many other activities are planned throughout the day.

Norman Vinson of Jay County Dies of Injuries in a Car-Motorcycle Crash in Miami County

ktasrose@comcast.net (News Author)11272 — Wed, 11 Nov 2009 08:00:00 EST

A car-motorcycle collision which occured on Mexico Road south of 400 North in Miami County on Saturday, November 7, 2009, took the life of Norman Vinson, 55 of Jay County, Indiana.

A car driven by Ryne Fuller, 22, of Miami County, turned into the path of Vinson's 2010 Harley Davidson on Mexico Road. Vinson was reportedly unable to avoid Fuller's vehicle and struck the passenger side front tire flipping him over the vehicle. Vinson was not wearing a helmet.

Mr. Vinson was airlifted to Parkview Hospital in Fort Wayne, where he later died following surgery for his injuries.

Watercraft Victim Killed in Jet-Ski Accident on the Maumee River

ktasrose@comcast.net (News Author)11121 — Fri, 30 Oct 2009 08:00:00 EST

A Fort Wayne man, Matthew Stocksdale age 37, was killed while riding his personal watercraft on the Maumee River on Sunday, October 25th.

The Allen County Coroner's office indicates that he was killed by blunt force trauma to the neck when he struck a cable securing a job site for work no the Tecumseh Street bridge. The cables were allegedly strung across the river with no markers for visibility.

Occupants of Car Flee Car-Train Accident in Warsaw

ktasrose@comcast.net (News Author)10876 — Mon, 19 Oct 2009 08:00:00 EST

A car-train accident in Warsaw Saturday night on the north/south tracks at the Market Street crossing remains under investigation. A local police officer witnessed the Northfolk Southern train abruptly brake. Following the impact four persons exited the car and fled the area. One man, Hilario Lopez, age 48, remained in the vehicle. He was arrested for public intoxication. The driver of the vehicle remains unknown, however, local authorities say that Mr. Lopez is helping to provide information.

Occupants of Car Flee Car-Train Accident in Warsaw

ktasrose@comcast.net (News Author)10877 — Mon, 19 Oct 2009 08:00:00 EST

National Teen Driver Safety Week - October 18th - October 24 2009

ktasrose@comcast.net (News Author)10874 — Mon, 19 Oct 2009 08:00:00 EST

Teen Driver Safety week is a time for communities and family's to take pause and address the issue of teen driving safety and better educate young drivers about the potential dangers behind the wheel.

Research has shown that distractions are a major cause of collisions. In Indiana, distractions were a contributing factor for 2,493 teen drivers involved in accidents in 2008. In addition, Indiana had 136 fatal crashes involving drivers ages 15-20 in the same year.

To learn more about research and recommendations for teen drivers, visit www.ridelikeafriend.com.

Roanoke Man injured and four killed in a South Whitley car crash

ktasrose@comcast.net (News Author)10875 — Thu, 15 Oct 2009 08:00:00 EST

Indiana resident John Brooks, 56, of Roanoke was injured when his SUV was struck head on by a Dodge Neon carrying four Kentucky residents. Shara Means, 34; Amanda Hollon, 29; Shannel Gabbbard, 21 and Richard Casey Rardin, 27. The Dodge Neon collided head on with the SUV when passing in a "no passing" zone on Indiana State Road 5 south of Larwill, Indiana. None of the passengers in the Dodge Neon were wearing seatbelts. John Brooks was taken to Parkview Hospital in Fort Wayne with leg injuries.

Two South Whitley Teens Injured in a Three Vehicle Accident Remain Hospitalized

ktasrose@comcast.net (News Author)10757 — Thu, 08 Oct 2009 08:00:00 EST

Two teens remain hospitalized following Tuesday mornings serious accident near South Whitley. Jarrod Lews, Pierceton, remains in critical condition while Charles Shepherd's condition has been upgraded to fair. Both boys remain in Parkview Hospital Fort Wayne. Austin Striggle, also of Pierceton, was treated and released at Parkview Hospital. All four boys injured in the accident are students at Whitko High School in South Whitley, Indiana. Speed was a factor in the crash. The accident continues to remain under investigation.

Bradley Robert Coleman Arrested by Koscusko City - County SWAT Team

ktasrose@comcast.net (News Author)10758 — Thu, 08 Oct 2009 08:00:00 EST

The Kosciusko City-County SWAT team was called to duty by Winona Lake Police Chief, Paul Schmidt on a tip that Bradley Robert Coleman was at a house in Winona Lake. An outstanding warrant for Coleman on a resisting arrest charge was executed by the SWAT team. Coleman was a person of interest following reports of comments made by him that concerned the safety of Winona Lake Police Officer, Paul Heaton and his family. Police were informed that Coleman may have a 357 magnum handgun in his possession.

SWAT team members made entry into the residence and located Coleman hiding inside a closet. Coleman was arrested on the original active warrant and was additionally arrested on a second resisting law enforcement charge by Winona Lake Police Department.

Bradley Coleman was recently released from the Department of Corrections after serving only two years on an amed robbery conviction out of Kosciusko County.

Additional charges are possible against Coleman from the Warsaw Police Department regarding the comments he had made directed to Officer Heaton's family. Coleman is currently being held on a $102,000 bond.

Four Teens Hurt in Three Vehicle Incident in South Whitley

ktasrose@comcast.net (News Author)10756 — Wed, 07 Oct 2009 08:00:00 EST

Four Whitko High School teens were inujred in a three vehicle accident early Tuesday morning where speed was considered to be a factor by the Kosciusko County Sheriff's Department, the accident remains under investigation.

Jarrod A. Lewis 17, of Pierceton was listed in critical condition and Charles Shepherd, Jr. of Pierceton was in fair condition at Parkview Hospital in Fort Wayne. Paul Nadolski 19 of Pierceton was taken to Kosciusko Comminuty Hospital in Warsaw and is listed in serious condition.   Austin Striggle 14 ,also of Pierceton, was taken to Parkview Hospital in serious condition.   Jarrod Lewis was taken from the scene via Samaritan Air Ambulance.

Investigators believe that the accident which occurred on Indiana 14 near CR 700E was caused when the van driven by Lewis allegedly pulled out in front of a third vehicle driven by Garret Alan Vande age 18.   It is believed that Nadolski made an attempt to pass both Vande's vehicle and the Lewis van, but Vande was attempting to pass at the same time which forced the Nadolski vehicle off the road. Nadolski's car lost control, went off the north side of the road, returned to the road colliding with the Lewis van. Upon impact both the Nadolski and Lewis vehicles flipped and rolled several times.   Neither Lewis nor Charles Shepherd were believed to be wearing seatbelts and were ejected from the vehicle.

Both Jarrod Lewis and Austin Striggle are starters on the Whitko High School Football team. Lewis is team captain and an inside linebacker.   Striggle plays both offense and defense.

An Albion man, Andrew Vice, was crushed in a semi-trailer/car crash in Huntington County

ktasrose@comcast.net (News Author)10715 — Tue, 06 Oct 2009 08:00:00 EST

Andrew Vice, a 29 year old Albion man, was killed in a car crash in Huntington, Indiana on October 6th. As reported by the Huntington County Sheriff's department, Vice was stopped at the intersection of US224 and Highway 5 when the driver of a semi-trailer truck failed to stop at the intersection causing the semi-trailer to flip onto Vice's vehicle crushing him. The accident is still under investigation.

BEWARE OF SLOW MOVING FARM VEHICLES ON THE ROADS

ktasrose@comcast.net (News Author)10695 — Mon, 05 Oct 2009 08:00:00 EST

Fall Farm season is underway. Fall harvest brings slow moving farm equipment onto Indiana highways and county roads. The Indiana State Police have issued an advisory warning drivers to be careful and on the lookout for slow moving farm implements. Caution and awareness is key when driving through or near many of our Indiana farm areas. Stay alert and aware that slow moving vehicles are on our roadways and that we must yield right of way to our farmers.

Teen Drivers Who Share a Family Car are Safer Drivers

ktasrose@comcast.net (News Author)10586 — Tue, 29 Sep 2009 08:00:00 EST

Teenagers are the most dangerous drivers on the road. There is a way to keep teen drivers safer on the roads. Don't give teens a car they consider their own. Teenagers who reported that they were the main person driving a vehicle, rather than sharing it with other family members, were more than twice as likely to be involved in a recent crash. One in four drivers with primary access to a car had had an accident while driving in the past year, compared with 1 in 10 for shared access. That means 25 percent of the kids driving their "own" cars had at least one accident in the past year! Don't be afraid to set rules for safe driving behavior, and yank the keys if those rules aren't followed. In fact, making your teenager say, "Mom, can I have the car keys?" may be one of the simplest and best ways to keep your child safe.

LOCAL ORTHOPEDIC INDUSTRY AWARDED $7 MILLION DOLLAR LILLY ENDOWMENT

ktasrose@comcast.net (News Author)10462 — Thu, 24 Sep 2009 08:00:00 EST

Orthoworx, a newly organized Warsaw company, has been awarded the largest Lilly Endowment in the region to expand and support the orthopedic capital of the world. The Kosciusko Community Foundation and BioCrossroads (an Indianapolis based company) will work closely with local orthopedic leaders and Orthoworx to to secure and enhance the region's competitive appeal to the orthopedic industry now and in the future.

Allstate Socked with $16 million Verdict in Head-on Crash

ktasrose@comcast.net (News Author)5411 — Tue, 18 Aug 2009 08:00:00 EST

Allstate Socked with $16 million Verdict in Head-on Crash
The three-pronged claims tactic of Allstate Insurance Company (delay, deny, defend) cost the company more than $16 million in damages resulting from a head-on car crash which happened in Missouri in 2000. Allstate had an opportunity to settle the claim for $50,000 (hospital bills alone were $320,000), but instead chose not to respond to the injured parties offer. That choice resulted in a jury award of $5.8 million in compensatory damages and an additional $10.5 million in punitive damages for Allstate’s bad faith refusal to settle. http://www.kansascity.com/business/v-print/story/726338.html July 29, 2008.

Cable barriers proven to help prevent vehicles from crossing median

ktasrose@comcast.net (News Author)6922 — Tue, 18 Aug 2009 08:00:00 EST

Wire rope fences use high-tension cable to guide cars or trucks which crash into them by capturing the vehicle and preventing it from crossing the median into oncoming traffic. The Indiana Department of Transportation has been testing the cable barriers on two stretches of Indiana insterstate since late 2005. The barriers have been in use along Interstate 65 between Zionsville and Lebanon and on Interstate 69 between Noblesville and Anderson. Within the 13 mile test area along I65, the barrier was struck 69 times by out of control vehicles within the first eight months. Amazingly, none of the vehicles passed through the barrier and there were no fatalities or serious injuries reported.

INDOT will begin installing the cable barrier the first week of January in 2009, along the I-70 median in Wayne, Marion and Hancock counties as part of a $20 million dollar barrier installation project for ever 150 miles of Indiana interstate.

Teen Driver with Learner's Permit Causes Serious Accident Removing Coat While Driving.

ktasrose@comcast.net (News Author)6923 — Tue, 18 Aug 2009 08:00:00 EST

Fifteen year old Mikala Perzanowski of Syracuse, Indiana lost control of her car driving on a learner's permit while she tried to remove her coat. Mikala's mother, Tiffany Oglesbee , and fifteen year old Kayla Courtney were passengers in the vehicle. The investigation indicated that the car left the road and hit a tree off Old 30, West of Brailler Road near Pierceton, Indiana on January 3, 2009. Both Oglesbee and Courtney were seriously injured in the crash and air lifted to Parkview Hospital of Fort Wayne.

Three Car Collision near Milford, Indiana leaves Silver Lake Man in critical condition

ktasrose@comcast.net (News Author)6005 — Tue, 18 Aug 2009 08:00:00 EST

Silver Lake resident, Rickey E. Castle, was critically injured after a three-vehicle collision on October 9, 2008 near Milford, Indiana. The Kosciusko County Sheriff's Department reported that Josephina R. Aronson, 61, Elkhart, was headed south on Ind. 15 near CR 1000N at 10:30 a.m. Thursday when she crossed the center line and struck a pickup driven by Rickey E. Castle, 52, Silver Lake. Castle's pickup truck rolled several times before coming to rest off the roadway. Mr. Aronson's vehicle then collided with a car driven by Jason Locke of Leesburg. Mr. Castle suffered severe head injuries and was airtlifted to Parkview Hospital, Fort Wayne. Mr. Locke was not injured. Ms. Aronson was taken to Goshen General Hospital for treatment and was released.

Fuel Prices Go Up, Traffic-related Deaths Go Down

ktasrose@comcast.net (News Author)5455 — Tue, 18 Aug 2009 08:00:00 EST

The skyrocketing gasoline prices that consumers are paying at the gas pump are having a noteable positive effect: traffic related injuries and deaths are declining sharply across the United States.

Early figures compiled by the National Safety Council confirm that higher fuel costs are having a dramatic effect on the number of people travelling on the nation's roads causing a significant drop in automobile accidents. The result is a substantial decrease in auto related injuries and deaths. Not only are there fewer drivers o nthe road, but drivers may be driving at slower speeds in an effort to conserve fueld and increase efficiency.

Indiana has experienced a 26% reduction in fatal accidents so far in 2008. If the downward trend continues, 2008 could have the lowest level of fatalities since records began being kept 18 years ago.

One Killed and Four Others Injured in Semi-Truck Mulit-Vehicle Collision on Interstate 65 Near Lowell, Indiana

ktasrose@comcast.net (News Author)5458 — Tue, 18 Aug 2009 08:00:00 EST

A female motorist, Rebecca Fourness, of Fair Oaks, Indiana was killed and her four year old son injured, when a semi-truck driven by forty year old Wilfredo Lozano of Oak Forest, failed to slow his semi in a "traffic slowdown" and rear ended the Fourness vechicle and two other vehicles on Interstate 65 near Lowell, Indiana on July 29, 2008. Fourness died in Loyola University Medical Center in Maywood from severe head injuries. Also injured in the crash were John Huhn and his passenger, Jim Gaskins, who were in a Toyota Highlander SUV and James Knight, the driver of a Ford F-250 pick up truck. All three vehicles were struck by the semi. After colliding with the vehicles, the semi jackknifed and rammed into a guardrail trapping the Fourness vehicle between the tractor and trailer portions of the semi according to Indiana State Police Sargeant Richard Broughton.

Elkhart Motorcyclist Dies in Kosciusko County crash

ktasrose@comcast.net (News Author)9563 — Tue, 18 Aug 2009 08:00:00 EST

Donald H. Aydelotte, Jr. age 55, of Elkhart, Indiana was killed in a two vehicle collision on County Road 400 N and 150 W, on Sunday, July 19, 2009. A 1998 Pontiac Grand Am driven by sixteen year old Alysa M. Bellamy of Williamsport, pulled into the path of his 2002 Harley Davidson Electra Glide motorcycle. Mr. Aydelotte was pronounced dead at the Kosciusko Community Hospital.

Teen Car Crash Risk SLASHED by Later School Start Times

ktasrose@comcast.net (News Author)6712 — Tue, 18 Aug 2009 08:00:00 EST

Researchers have found a 16.5% drop in auto accident rates for teen drivers when local high schools moved the start of classes from 7:30 to 8:30 a.m. Following puberty, adolscents are biologically prgrammed to stay up about an hour later each night, the shift in biological clocks conflicts with having to get up earlier to go to high school, rather than the later start times they had when they were younger. Fatigued drivers cause about 100,000 accidents a year and half of those are causted by drivers 16 to 25 years of age. A survey in 2006 indicated that 28 percent of high school students fall asleep at school and 51 percent have driven while they are drowsy. There have even been studies by the University of North Texas that revealed that out of 262 drivers, 17 percent reported following asleep while driving.

NEW INDIANA TEEN DRIVING LAWS EFFECTIVE JULY 1, 2009

ktasrose@comcast.net (News Author)9393 — Mon, 17 Aug 2009 08:00:00 EST

The law recently passed by Indiana legislators should strengthen the guidelines for teen drivers. It became effective on July 1.

Graduated driver licensing is a three-stage process designed to ease new drivers into the experience.

It begins with a learner's permit requiring supervised driving at all times. Next is a probationary license that allows unsupervised driving with restrictions and concludes with a full-privilege license.

Indiana teens must comply with a number of restrictions once they are licensed. For the first 180 days of driving, they cannot drive from 10 p.m. to 5 a.m.

Beyond those first 180 days, no driving from 11 p.m. to 5 a.m. from Sunday through Thursday and 1 a.m. to 5 a.m. on Saturday and Sunday mornings until they reach the age of 18.

There are exemptions for teens participating in school sanctioned and religious events or who are working or if they are accompanied by a licensed driver at least 25 years old.

New drivers cannot carry passengers for the first 180 days, or until the age of 18, unless accompanied by a licensed instructor or driver aged 25 year or older. Exemptions to this include siblings and/or the child or spouse of the driver.

Teens younger than 18 years old cannot operate a motor vehicle while using any type of telecommunications device unless making a 911 emergency call.

Beginning July 1, 2010, the minimum age for applying for a learner's permit will be 15 years and 6 months with a driver education course and 16 years without the course.

Before applying for a probationary license, all new drivers, regardless of age, will be required to complete a 50-hour driving log with 10 of those hours at nighttime.

The minimum age for a probationary license will be raised to 16 years and 6 months with driver's education and 16 years and 9 months without it.

Traveling to and From School - Safety First!

ktasrose@comcast.net (News Author)9994 — Mon, 17 Aug 2009 08:00:00 EST

TRAVELING TO AND FROM SCHOOL: Review the basic rules with your youngster:

School Bus

If your child's school bus has lap/shoulder seat belts, make sure your child uses one at all times when in the bus. If your child's school bus does not have lap/shoulder belts, encourage the school to buy or lease buses with lap/shoulder belts.
Wait for the bus to stop before approaching it from the curb.
Do not move around on the bus.
Check to see that no other traffic is coming before crossing.
Make sure to always remain in clear view of the bus driver.
Children should always board and exit the bus at locations that provide safe access to the bus or to the school building.

Car

All passengers should wear a seat belt and/or an age- and size-appropriate car safety seat or booster seat.
Your child should ride in a car safety seat with a harness as long as possible and then ride in a belt-positioning booster seat. Your child is ready for a booster seat when she has reached the top weight or height allowed for her seat, her shoulders are above the top harness slots, or her ears have reached the top of the seat.
Your child should ride in a belt-positioning booster seat until the vehicle's seat belt fits properly (usually when the child reaches about 4' 9" in height and is between 8 to 12 years of age). This means that the child is tall enough to sit against the vehicle seat back with her legs bent at the knees and feet hanging down and the shoulder belt lies across the middle of the chest and shoulder, not the neck or throat; the lap belt is low and snug across the thighs, and not the stomach.
All children under 13 years of age should ride in the rear seat of vehicles. If you must drive more children than can fit in the rear seat (when carpooling, for example), move the front-seat passenger's seat as far back as possible and have the child ride in a booster seat if the seat belts do not fit properly without it.
Remember that many crashes occur while novice teen drivers are going to and from school. You should require seat belt use, limit the number of teen passengers, do not allow eating, drinking, cell phone conversations or texting to prevent driver distraction; and limit nighttime driving and driving in inclement weather. Familiarize yourself with your state's graduated driver license law and consider the use of a parent-teen driver agreement to facilitate the early driving learning process.

Bike

Always wear a bicycle helmet, no matter how short or long the ride.
Ride on the right, in the same direction as auto traffic.
Use appropriate hand signals.
Respect traffic lights and stop signs.
Wear bright color clothing to increase visibility.
Know the "rules of the road."

Walking to School

Make sure your child's walk to a school is a safe route with well-trained adult crossing guards at every intersection.
Be realistic about your child's pedestrian skills. Because small children are impulsive and less cautious around traffic, carefully consider whether or not your child is ready to walk to school without adult supervision.
If your child is young or is walking to new school, walk with them the first week to make sure they know the route and can do it safely.
Bright colored clothing will make your child more visible to drivers.
In neighborhoods with higher levels of traffic, consider starting a "walking school bus," in which an adult accompanies a group of neighborhood children walking to school.

Schools and Swine Flu - Recommendations by the CDC

ktasrose@comcast.net (News Author)9997 — Mon, 17 Aug 2009 08:00:00 EST

TIPS FOR SCHOOLS AND PARENTS

ON SWINE FLU PREVENTION AND OUTBREAKS

Stay home when sick:
Those with flu-like illness should stay home for at least 24 hours after they no longer have a fever, or signs of a fever, without the use of fever-reducing medicines. They should stay home even if they are using antiviral drugs. (For more information

Separate ill students and staff:
Students and staff who appear to have flu-like illness should be sent to a room separate from others until they can be sent home. CDC recommends that they wear a surgical mask, if possible, and that those who care for ill students and staff wear protective gear such as a mask.
Hand hygiene and respiratory etiquette:
The new recommendations emphasize the importance of the basic foundations of influenza prevention: stay home when sick, wash hands frequently with soap and water when possible, and cover noses and mouths with a tissue when coughing or sneezing (or a shirt sleeve or elbow if no tissue is available).
Early treatment of high-risk students and staff:
People at high risk for influenza complications who become ill with influenza-like illness should speak with their health care provider as soon as possible. Early treatment with antiviral medications is very important for people at high risk because it can prevent hospitalizations and deaths. People at high risk include those who are pregnant, have asthma or diabetes, have compromised immune systems, or have neuromuscular diseases.
High-risk students and staff members stay home:
People at high-risk of flu complications should talk to their doctor about staying home from school when a lot of flu is circulating in the community. Schools should plan now for ways to continue educating students who stay home through instructional phone calls, homework packets, internet lessons, and other approaches.
Students with ill household members stay home:
Students who have an ill household member should stay home for five days from the day the first household member got sick. This is the time period they are most likely to get sick themselves.
Increase distance between people at schools:
CDC encourages schools to try innovative ways of separating students. These can be as simple as moving desks farther apart or canceling classes that bring together children from different classrooms.
Extend the period for ill persons to stay home:
If influenza severity increases, people with flu-like illness should stay home for at least 7 days, even if they have no more symptoms. If people are still sick, they should stay home until 24 hours after they have no symptoms.
http://www.cdc.gov/h1n1flu/schools/schoolguidance.htm