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  Ruling Says State-Imposed Cap on Civil Awards Is Unconstitutional

Tristate Homepage
March 3, 2009

http://tristatehomepage.com/content/fulltext/?cid=58921

Ruling Says State-Imposed Cap On Civil Awards Is Unconstitutional

(Marion County) -- A Marion County judge ruled that state lawmakers violated the state constitution when they declared a cap on monetary damages juries could impose to punish defendants in lawsuits.

Current limits on punitive damages will most likely stand until the state appellate court weighs in.

Indiana law currently restricts punitive damages but doesn't limit damage awards that compensate a plaintiff for actual losses or pain and suffering.

The ruling stems from a case of sexual abuse by a priest where a jury awarded the victim five-thousand dollars in compensatory damages and another 150-thousand in punitive damages.

The 150-thousand would have to be reduced to 50-thousand with the cap.

When the priest's attorneys asked for a reduction in the punitive award, the judge ruled the limits unconstitutional.

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IndyGo Greenwood Express Has Small First-Trip Turnout

(Greenwood) -- The turnout for the launch of IndyGo's newest commuter express service Monday was rather dismal.

Only 16 people turned out to ride the new Greenwood express line, the third and final commuter service in Central Indiana.

It joins the express lines that link Downtown Indianapolis to Fishers and Carmel and runs between the Meijer parking lot just west of Indiana-135 and Downtown Indianapolis.

The Fishers and Carmel routes have about a weekly capacity of about 75-percent.

The commuter express runs Monday through Friday and has six stops in Downtown Indianapolis.

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Magazine Publishes List Of Most-Admired Companies

(New York, NY) -- New York-based "Fortune" magazine has published its list of the top 363 most-admired companies worldwide, and four Indiana companies have made the list.

Indianapolis-based Brightpoint Inc., Simon Property Group Inc., and WellPoint Inc., along with Columbus, Ohio-based Cummins Inc. pushed Indiana into a tie for 19th place among U.S. states.

California led all states, registering 38 companies on the list.

Illinois has 19 companies on the list, Ohio chimes in with eleven, Michigan with ten, and Kentucky brings up the rear for the region with just three.

Indianapolis-based Eli Lily and Co. and Warsaw-based Zimmer Holdings Inc. didn't make the list but were noted as "contenders." "Fortune" compiles the list annually by polling thousands of directors, executives and securities analysts.

Apple Inc. is the most-admired for the second consecutive year.

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County Seeking Expansion For Crowded Jail

(Martinsville) -- A new Morgan County jail is quickly becoming a reality.

The price ranges in the eight to nine-million-dollar range to add 30-thousand-square-feet of new space onto the existing prison building.

Morgan County leaders aren't anticipating a tax increase to pay for it all, but the specifics of financing, the final cost and design of the addition are still being worked out.

The current building is about 20-years-old.

It's designed to hold just over 200 inmates, but it sees about 260 on a daily basis.

Other services to be included in the addition are a work release center and medical facility.

The county hopes all the details will be ironed out in time to start construction by the end of this year, with the first inmates being housed by the summer of 2011.

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Governor Adds Renowned Artist To Hoosier Heritage Portrait Collection

(Indianapolis) -- A new portrait hangs on the south wall of the Governor's Office.

Theodore Clement Steele's portrait now resides as the newest addition to the Hoosier Heritage Portrait Collection.

Steele is one of the state's best-known artists, with his impressionist painting often featured in souther Indiana landscapes.

In January of 2006, Governor Daniels designated the south wall of the governor's office as a place for the portraits of historically-important Hoosiers, which are on loan to the state and part of a rotating exhibit which is updated periodically.

Kentucky Summary:

(Winchester, KY) -- Fire early today damaged the home of a Clark County firefighter. The fire broke out before dawn in a house in Winchester. Authorities say the firefighter was away from home when the fire was discovered, but his wife, who was home, escaped injury. The cause of the fire remains under investigation.

(Middlesboro, KY) -- Smithfield Packing Company is closing six plants across the country, but it's expanding it's plant in Middlesboro. A seven-million dollar expansion is under way at the company's Cumberland Gap Provisions and 250 jobs will be added. The company says there will be some transfers but most of the workers will be hired locally.

(Franklin, KY) -- Work is now underway on an addition to the Medical Center in Franklin. Officials say new laboratories and cardio-pulmonary rehabilitation centers will be housed in the new three-million-dollar addition. Work on the addition should be completed by December.

(Frankfort, KY) -- Changes are made in a key portion of a bill proposed to increase safety for high school athletes. The bill was prompted by the death of a high school football player practicing in extreme heat. A provision mandating ice pools be located at practice sites has been removed from the proposed legislation. The bill now just requires the Kentucky Board of Education to review its hot-weather policies.

(Frankfort, KY) -- Pre-trial publicity in Frankfort is being cited for moving the trial. A federal judge has agreed to a change of venue and is moving a highway bid-tampering trial to Covington. The trial of Leonard Lawson, Bill Nighbert and Brian Billings is now set to get underway on April 23rd .

(Frankfort, KY) -- The Attorney General reports his office has received more than 500 complaints of price gouging, arising from the January winter storm that left tens of thousands without power. The complaints range from kerosene and generator prices to the price of hotel rooms. Now Governor Steve Beshear and Attorney General Jack Conway are the extending the price gouging investigation. The extension will allow for more time to investigate any complaints.

Chicago Summary:

Convicted Murderer, Family Found Dead In Wilmette

(Wilmette) -- Wilmette police are expected to release more information this morning about an apparent double-murder and suicide in the North Shore suburb.

Investigators say it appears 54-year-old Richard Wiley fatally shot his wife and her teenage son before killing himself in their home on the 800 block of Greenleaf Avenue.

Fifty-year-old Kathryn Wiley-Motes and 17-year-old Christopher Motes were found dead at the scene Monday.

Richard Wiley was sentenced to 30 years in prison for killing his first wife in 1985, but he was paroled in 2000.

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Joliet Township Couple Found Dead

(Joliet Township) -- Autopsies are scheduled today for a Joliet Township couple found shot to death in their home Monday morning.

Will County officials say the bodies of a 31-year-old man and a 23-year old woman were found yesterday inside the home on East Louis Road.

Police say the couple's two-year-old boy was not injured.

The Will County Sheriff's Department is conducting a homicide investigation.

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Two Fatally Shot At Hammond Marina

(Hammond, IN) -- Two people are dead after a shooting at the Hammond Marina.

Shortly before one p.m. Monday, authorities say gunfire was heard coming from an SUV, which was parked on a ramp leading into Lake Michigan.

A woman fell out of the SUV before it rolled into the water.

Police say a 39-year-old man was pronounced dead at the scene.

The 55-year-old woman was taken in critical condition to St. Margaret Mercy Hospital, where she later died.

Anyone with information is asked to call (219) 852-2983.

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Man Found Shot To Death On West Monroe

(Chicago) -- No suspects are in custody after a fatal shooting on Chicago's Far West Side.

Police say a 36-year-old man was found unresponsive around midnight in the 55-hundred block of West Monroe Street.

Officers say the victim had gunshot wounds to his face and neck.

Area Four detectives are investigating.

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Voting Is Today For Fifth District House Seat

(Chicago) -- Twelve Democrats, six Republicans and five members of the Green Party are on the ballot for today's special primary in Illinois' Fifth Congressional District.

The U.S. House seat has been vacant since White House Chief of Staff Rahm Emanuel resigned to join President Obama's administration in Washington.

The Fifth District covers much of Chicago's North Side, along with several suburbs northwest of the city.

The general election is scheduled for April 7th.

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Black Politicians: Leave Roland Alone

(Chicago) -- Several of Chicago's African-American politicians have told white leaders to back off their criticism of Senator Roland Burris.

Alderman Emma Mitts of Chicago's 37th Ward says the group advised Governor Pat Quinn to leave the Burris issue alone, and Quinn has agreed to do so.

Senator Dick Durbin says he will work with Burris until an election is held for the seat Burris currently holds.

Durbin previously told Burris he would resign if he were in Burris' shoes.

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Al Sanchez Fraud Trial Starts Today

(Chicago) -- Jury selection begins today in the corruption trial of former Chicago Streets and Sanitation Commissioner Al Sanchez.

Prosecutors say Sanchez hired and promoted city employees who had done campaign work for Mayor Daley's Hispanic Democratic Organization.

In 2002, the "Chicago Tribune" found at least 500 members of the organization on the city payroll.

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Visitation For "Red" Kerr Is Today And Tomorrow

(Chicago) -- Visitation for Chicago Bulls icon Johnny "Red" Kerr is scheduled from 2:00 to 9:00 p.m. today and tomorrow at Chapel Hill Garden West, Hennessy Bruno Funeral Home.

The facility is located at 17-W-201 Roosevelt Road in Oakbrook Terrace.

The funeral is set for 11 a.m. Thursday at the same location.

Kerr died last Friday at the age of 76.

Funeral services for fellow Bulls legend Norm Van Lier were held yesterday in downtown Chicago.

 
 

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