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

first_imgA Marion Superior jury awarded the estate of Charles Sindledecker just over $1 million in damages after finding the Greentree at Fort Harrison facility where he lived primarily at fault. FacebookTwitterCopy LinkEmailShare Sindledecker was a dementia patient who suffered serious burns in a fireplace that were not initially treated after staff found him unresponsive on the floor near the fireplace. According to the record, he later was hospitalized for 10 days for burn treatment before undergoing a skin graft. He never regained mobility and afterward could no longer feed himself. He died about a year and a half later.The trial court denied the estate’s motion for attorney fees and its motion to correct error, resulting in this appeal. Sindledecker’s residence agreement with Greentree contained a clause that read, “In the event of any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, costs and attorney’s fees.”The trial court held that because the estate had dismissed a breach of contract claim, the agreement was not at issue. But Judge John Baker wrote for the panel, “(T)he plain language of the residence agreement compels an award of attorney fees in this case.“The judgment of the trial court is reversed and remanded so that the trial court may calculate reasonable attorney fees and award those fees to Sindledeckler’s estate,” Baker wrote in Carole Storch, as Personal Representative for the Estate of Charles Sindledecker v. Provision Living, LLC; PVL Tenant Holdings, LLC, d/b/a Greentree at Fort Harrison, 49A02-1505-CT-352.center_img Care Facility Must Pay Legal Fees After $1M Negligence VerdictDave Stafford for the The IndianaLawyerlast_img read more

The Latest: Medvedev, Thiem meet in second US Open semifinal

first_img September 11, 2020 12:30 p.m.The men’s semifinal matches will be played after the women’s doubles championship is awarded at the U.S. Open.Play began with the third-seeded team of Xu Yifan and Nicole Melichar playing the unseeded duo of Vera Zvonareva and Laura Siegemund.They were to be followed by Alexander Zverev against Pablo Carreno Busta, along with 2019 runner-up Daniil Medvedev facing No. 2 seed Dominic Thiem. None has won a Grand Slam title.Comfortable weather returned after the women’s singles semifinals were played with the Arthur Ashe Stadium roof closed Thursday night because of rain. The Latest: Medvedev, Thiem meet in second US Open semifinal Vera Zvonareva and Laura Siegemund won the U.S. Open women’s doubles title in their first tournament together, beating the third-seeded duo of Xu Yifan and Nicole Melichar 6-4, 6-4.Zvonareva, a Russian who turned 36 this week, added this title to the 2006 U.S. Open title she won with Nathalie Dechy. She also was the runner-up in singles at Flushing Meadows in 2010, falling to Kim Clijsters.But she began playing less after giving birth to daughter Evelina in 2016.Xu and Melichar finished second for the second straight tournament in New York. They were runners-up at the Western & Southern Open that’s usually played in Ohio.___ Daniil Medvedev is trying to take the last and what should be the toughest step toward a return to the U.S. Open final, facing No. 2 seed Dominic Thiem.Medvedev lost to Rafael Nadal in last year’s final and has been cruising in his quest to get back to it. The third-seeded Russian hasn’t dropped a set in his five matches.But Thiem is a much higher-quality opponent, a three-time Grand Slam finalist who is also seeking his first major title.The winner faces No. 5 seed Alexander Zverev in Sunday’s final.___ 7:45 p.m.Alexander Zverev rallied to reach his first Grand Slam final, beating Pablo Carreño Busta 3-6, 2-6, 6-3, 6-4, 6-3 at the U.S. Open.The No. 5 seed completed his first career comeback from two sets down and the first in the U.S. Open semifinals since Novak Djokovic outlasted Roger Federer in 2011.Zverev is trying to become Germany’s first Grand Slam champion since Boris Becker at the 1996 Australian Open. He will face either No. 2 seed Dominic Thiem or No. 3 Daniil Medvedev, the 2019 runner-up.Carreño Busta, the No. 20 seed, lost in the U.S. Open semifinals for the second time in four years. ___ 7:05 p.m.Alexander Zverev and Pablo Carreño Busta are going to a fifth set in the first men’s semifinal at the U.S. Open.The 20th-seeded Carreño Busta appeared on his way to winning in a rout, taking the first two sets 6-3, 6-2. But the fifth-seeded Zverev bounced back to take the next two 6-3, 6-4.Both players are trying to reach their first Grand Slam final. Carreno Busta will have to win a third five-set match in this year’s tournament to do so.center_img Daniil Medvedev, the 2019 runner-up, and No. 2 seed Dominic Thiem meet in the second semifinal on Arthur Ashe Stadium, where “9-11 We Remember” signs are on cloth covering the empty seats.None of the four has won a major championship, but this year presented a great opportunity for young players. Neither Roger Federer nor defending champion Rafael Nadal is in New York, and top-ranked Novak Djokovic was disqualified from his fourth-round match against Carreno Busta for accidentally hitting a line judge in the throat with a ball while walking to the sideline after dropping a game.Zverev, the No. 5 seed, is in his second straight major semifinal after getting there at the Australian Open. Carreno Busta lost in this round at the 2017 U.S. Open.___1:40 p.m Associated Press Share This StoryFacebookTwitteremailPrintLinkedinRedditNEW YORK (AP) — The Latest on the U.S. Open tennis tournament (all times EDT):___8:05 p.m. ___More AP tennis: https://apnews.com/apf-Tennis and https://twitter.com/AP_Sports He received medical treatment after the fourth set.The semifinal between No. 2 seed Dominic Thiem and No. 3 Daniil Medvedev, the 2019 runner-up, will follow.___4:20 p.m.Alexander Zverev and Pablo Carreno Busta are first up in the U.S. Open men’s semifinals, with the winner earning a spot in his first Grand Slam final.last_img read more

Alvarez drives in all 5 runs, Pirates beat Reds 5-3

first_imgby Joe KayCINCINNATI (AP) – Pedro Alvarez drove in all of Pittsburgh’s runs with a solo homer, bases-loaded double and a single Thursday, leading the Pirates to a 5-3 victory over the Cincinnati Reds and a split of their high-profile NL Central series.The Pirates remain a half-game behind second-place Cincinnati after the four-game set, keeping them virtually shoulder-to-shoulder as they chase the torrid St. Louis Cardinals.Alvarez had an RBI single and his 16th homer off Homer Bailey, who couldn’t follow his no-hitter against Pittsburgh with a win. After Alfredo Simon (5-3) loaded the bases in the seventh, Alvarez doubled off left-hander Tony Cingrani to snap a 2-all tie.The five RBIs were a season high for a Pirate and one shy of Alvarez’s career high. The third baseman has been Pittsburgh’s top run producer in June, leading the team with 48 RBIs overall.Bryan Morris (4-2) contributed to the go-ahead rally with his first career single. He also pitched two innings, allowing one run. Left-hander Tony Watson pitched the last two innings for his second save in three chances.Jay Bruce hit another solo homer, his third of the series and his fifth in seven games. His ninth-inning shot off Jason Grilli led the way to a 2-1, 13-inning win on Wednesday night.The teams combined for seven homers in the series, all solo shots. Cincinnati hit four in a 4-1 win that opened it.Brandon Cumpton made his second major league start for Pittsburgh, giving up two runs – one earned – in five innings.Bailey faced the Pirates for the first time since his no-hitter at PNC Park last September and left after six innings with the score tied at 2. He gave up six hits, throwing 113 pitches. Bailey is 8-2 career against Pittsburgh.Alvarez’s throwing error helped the Reds get an unearned run in the first. Shin-Shoo Choo reached on Alvarez’s team-high 13th error, stole second and came around on Joey Votto’s single.Another batter got hit, extending a prominent theme to the Ohio River rivals’ series this season. At least one batter has been plunked in each of the 10 games, with 19 hit overall. Pirate pitchers have hit 10, Reds pitchers 9, leaving some simmering unhappiness on both sides.Choo has been hit six times, Starling Marte and Andrew McCutchen three times each, Brandon Phillips twice, and five others one time apiece.NOTES: The official scorer changed a call from Wednesday night game. Russell Martin’s grounder off Bronson Arroyo’s glove was originally ruled an error, leaving the Pirates’ lone run unearned. It was changed to a hit. … The Pirates added to their depleted bullpen by calling up RH Duke Welker from Triple-A and optioning OF Alex Presley. … A day after actor James Gandolfini died, Reds 3B and New Jersey native Todd Frazier replaced his Frank Sinatra at-bat music with the theme from “The Sopranos.” … Pittsburgh struck out 8, 17, 10 and 12 times in the four games. … The Pirates head to the West Coast to play three against the Angels and two in Seattle. The Reds have an eight-game trip to Arizona, Oakland and Texas.Follow Joe Kay on Twitter: http://twitter.com/apjoekay Pittsburgh Pirates’ slugger Pedro Alvarez, left, is congratulated by Garrett Jones after they defeated the Cincinnati Reds 5-3 Thursday, June 20. (AP Photo/Al Behrman)last_img read more

Temple Athletics announces affiliation with Nike

first_imgNike is now the official supplier of Temple University athletic gear and uniforms, the Athletic Department announced on Wednesday via Twitter.  The deal will officially start in July 2020 and last for three years, according to a release by Temple Athletics. All 19 varsity sports will receive new uniforms for their next season of competition.  Since 2010, the university’s official athletic sponsor had been Under Armour. Temple signed a 10-year extension with the brand in 2015.last_img

Could that have been it at Oracle? Dubs Nation grapples with daunting 3-1 deficit

first_imgClick here if you have trouble viewing the gallery in your mobile device.OAKLAND — Oracle Arena has been so loud with cheers for the Golden State Warriors — even with two losses last week that put the team in a harrowing 3-1 hole — that their fans, hoping for another NBA championship, were reluctant to consider a troubling question: Could this really be it?Could Friday’s 105-92 loss to the Toronto Raptors have been the very last Warriors game played at Oracle Arena? After 47 years in …last_img read more

Watch: Antonio Brown posts video featuring call with Jon Gruden on YouTube

first_imgJust when it seemed Antonio Brown was done making waves, at least for the day, he posted a video on YouTube featuring audio from an apparent call between himself and Jon Gruden.Gruden surely speaks for many observers when he asks: “What the hell’s going on, man?”Earlier Friday, Gruden and Brown both gave short statements and everything appeared cleared for Brown to play Monday night for the Raiders against the Broncos after he apologized to teammates for his demeanor this preseason. It’s …last_img read more

ICC Champions Trophy: Darren Lehmann wants ODIs to be more ‘liberal’ during rain delays

first_imgAustralia coach Darren Lehmann wants one-day international matches to continue as long as conditions are safe, even if not ideal, after back-to-back washouts left his team’s Champions Trophy campaign in complete disarray.The 50-over world champions are particularly upset after their second Group A match against Bangladesh was washed out on Monday just four overs short of what could have been a comfortable victory after having to split points with New Zealand in their tournament opener.Fear of rain looms large over Saturday’s do-or-die match against Ashes rivals England as well and Lehmann said administrators need to think more about the fans who expect a result.”I think we’ve just got to be more liberal to play some cricket. The fans want to see a result,” Lehmann said.”Especially this time of year in England, you can get (wet) weather. So it’s a case of if it’s not raining or it’s drizzling, we should just play.”He cited the example of Twenty20 cricket where matches continued in light rain.”My view is simple – play as much cricket as you can, where you possibly can,” said the 47-year-old.”You have to consider the safety of the players. That’s important and umpires and match referees take that into account.”But we’ve played games in the past, I can think of a T20 game in South Africa (in 2014) where we had sand or sawdust on the ground to play.”International Cricket Council’s influential Cricket Committee, of which Lehmann is a member, has had several discussions on rain delays but more needed to be done, said the former player.advertisement”Players and administrators have to move the game forward in the best way for the fans. Because we’ve got to grow the game.”Leg-spinner Adam Zampa has said Australia were looking at the match against England as a quarter-final contest and Lehmann suggested big-hitting batsman Chris Lynn could feature in the playing XI, possibly at the expense of all-rounder Moises Henriques.”He’ll come into contention again for the last game against England,” he said of the 25-year-old.”At the moment, with the make-up of our side, Zampa came in for (John) Hastings (after the first game) because we thought it would spin. He bowled very well.”But he’s a real chance to play, Lynn.”last_img read more

10 months agoChelsea boss Sarri on Brighton win: We could’ve played better

first_imgChelsea boss Sarri on Brighton win: We could’ve played betterby Paul Vegas10 months agoSend to a friendShare the loveChelsea boss Maurizio Sarri felt they weren’t at their best for victory at Brighton.Eden Hazard set up Pedro’s opener and then scored the second in a deserved victory at Brighton, which ended in a closer game than it looked like it would for much of the afternoon after Solly March pulled a goal back.”We could have won better because we played very well for 60 minutes,” said Sarri.”We conceded a goal in a moment in which we were in full control of the match. My mind was clear in that moment that we had to suffer in the last five minutes with long balls into our box. We are not a physical team.”With the substitutions I tried to have more physical impact in the last five minutes, but it was clear it was really very difficult in the last five minutes. But we could have won better.”Sarri added: “When we have the feeling of being in full control of the match, we are dangerous to ourselves. We know that we suddenly lowered the level of application and attention.”Their goal was the first situation in our box for 30 minutes. We were a bit unlucky, but the feeling when we have confidence and are sure we are in control of the match, is that we are dangerous to ourselves.” About the authorPaul VegasShare the loveHave your saylast_img read more

11 hurt as plane slides off Myanmar runway

first_imgYangon: Eleven people were injured as a plane slid off a runway while landing at Yangon airport in Myanmar Wednesday, police said, as a freak storm hit the city. Images on Facebook showed a crumpled Biman Bangladesh Airlines plane lying on the grass at the side of the runway. An AFP photographer saw an injured woman being carried to an ambulance on a stretcher. “One pilot, an air hostess and nine passengers were slightly injured,” a police officer at the airport told AFP, asking not to be named, adding that the plane slid from the runway as it landed at 6.50pm (local time). Also Read – Saudi Crown Prince Salman ‘snubbed’ Pak PM Imran, recalled his private jet from US: Report”It happened near Terminal 3 where it fell onto the cargo runway as it landed,” he added, saying that the nose and both wings were damaged. Yangon International Airport did not confirm the crash but announced that heavy rain had caused them to suspend “runway operations until further notice”. Other incoming flights were diverted to the capital Naypyidaw. Thirty-one people were on board from Bangladesh, Myanmar, Canada, China, India, France and Switzerland. Civilian airline accidents are relatively rare in Myanmar although there have been a series of crashes of military aircraft.last_img read more