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Court upholds woman’s $4.9M verdict from icy sidewalk fall

News

November 27th, 2019 by Ric Hanson

DES MOINES, Iowa (AP) — The Iowa Court of Appeals has upheld a $4.9 million jury verdict awarded to a Texas woman after she fell outside an eastern Iowa hotel on an icy sidewalk. The court in its ruling Wednesday rejected arguments by Marriott International that the jury’s 2018 verdict was excessive and the result of jury prejudice against the corporation. The lawsuit was filed by Brenda Alcala, a software consultant for Genesis Health Systems. She was staying at the Bettendorf Courtyard by Marriott in January 2010 when she slipped on ice and broke an ankle.

The appeals court ruling affirms a district judge’s decision that the verdict was supported by the evidence. It’s the second time the case has been before Iowa appellate courts. In 2016 the Iowa Supreme Court threw out a $1.2 million verdict from the first trial in 2014 and ordered a new trial over errors in jury instructions. The court’s ruling on Wednesday upholds the higher verdict from the second trial held in 2018.

Omaha man arrested after Tuesday morning pursuit and crash; Axle comes off dump truck & hits a vehicle

News

November 27th, 2019 by Ric Hanson

Sheriff’s officials in Mills County report a Nebraska man was arrested early Tuesday morning, following a pursuit. Authorities say 41-year-old Jacob Tuttle, of Omaha, was driving a stolen 2013 Nissan on 195th Street at 75 mph in a 55 mph zone at around 2-a.m. When law enforcement attempted to pull the vehicle over, Tuttle attempted to elude them. During the pursuit, speeds reached in excess of 100-mph while the chase was northbound on 195th Street. When Tuttle approached the intersection of 195th Street and Bunge Avenue, he failed to make the turn. The vehicle entered the north ditch and came to rest in a field north of the ditch. No injuries were reported.

The vehicle had been reported stolen from Omaha on November 24th. Tuttle was taken into custody on numerous charges, including: Theft in the 2nd Degree; Eluding; A Controlled Substance Violation; OWI 1st offense; Felon in Possession of Firearm; Interference with Official Acts; Possession of a Controlled Substance and Drug Paraphernalia; Failure to Obey a Traffic Control Device; Failure to Maintain Control; Speeding and having No Valid Driver’s License. He was being held in the Mills County Jail on $50,000 bond.

And, one person was transported to Jennie Edmundson Hospital Tuesday afternoon, following an accident on Highway 275, in Mills County. A 1991 International dump truck driven by 57-year old Clay Moore, of Omaha, was northbound on Highway 275 at around 3:40-p.m., when the dual axle of the truck came off the vehicle and struck a southbound 2015 Mitsubishi driven by 33-year old Jamie Flora, of Pacific Junction. Flora was transported to the hospital by Tabor Rescue, for treatment of suspected, minor injuries.

Truck stolen in Union County crashes into a field and hits a tree

News

November 27th, 2019 by Ric Hanson

The Union County Sheriff’s Office reports a 1993 Dodge pickup that was stolen sometime Tuesday night, ran a stop sign at around 3-a.m. today (Wednesday), knocked down a stop sign and went through a fence before it continued into a field and hit a tree. The accident happened on the southeast side of Creston. The vehicle, owned by Paul Clark, of Afton, sustained $5,000 damage and was declared a total loss. Damage to the fence owned by Hulett & Sons Salvage, and the Union County Secondary Roads Department sign, amounted to $800 altogether. The person driving the truck was unknown.

Creighton expert provides tips for navigating difficult “turkey talk” with relatives this holiday season

News

November 27th, 2019 by Ric Hanson

As families and friends gather to celebrate the holidays, discussions surrounding current events and politics can boil over, turning a joyous occasion into a sour situation. Mary Lee Brock, assistant professor and assistant director of Creighton University’s Negotiation and Conflict Resolution (NCR) program, says the anticipation of divisive issues debated around the dinner table can be the most stressful. “We can experience stress when anticipating family gatherings because we often know the political beliefs of our family members and suspect how they might behave,” Brock said. “Holiday dinners are often a time where new partners are introduced, or children are moving into an age of awareness.”

In advance of family gatherings, Brock recommends reflecting on goals and/or setting ground rules for conversation topics to keep the peace. In addition to a plan, Brock recommends the following:

  • Realize that disagreements about politics are emotional, not factual. Focusing on what you see are the facts and trying to reason with someone could exacerbate the conversation.
  • Show understanding. Acknowledge strong feelings about a topic without agreeing with the statement. Offering an acknowledgment can help build a bridge. For example, “Keeping our community safe is important to you.”
  • Stay curious. Rather than trying to change the subject or shut the speaker down, recognize it as a learning opportunity and ask open-ended questions. For example, “Can you help me understand your perspective?”
  • Be true to your own perspective. Brock says individuals can still be true to their beliefs and keep the peace at a family dinner. That means making the tough decision to let some comments slide.

“If you hear something that is extremely hurtful or offensive, respond from your own perspective, ‘It is very hard for me to hear you use the word ___________.’ Be prepared to be told to ‘get over it’ as these emotions and patterns run deep,” says Brock. Take the long view. This holiday dinner is simply one chapter in a long trajectory of the family. Decide whether to maintain relationships with family members, even if that means with someone who holds such different views and values.

Remember not everyone is interested in keeping the peace. Accept the reality that many people get enjoyment out of debate, evocative statements and “stirring the pot.” Some individuals feel the need to be right at all costs. If discussions do get heated around divisive issues, Brock says it could provide a realistic view of family dynamics and serve as an opportunity for discussion afterward to debrief the important topics that came up during dinner.

Death investigation underway in Fremont County.

News

November 27th, 2019 by Ric Hanson

Authorities in Fremont County report a body was found late Tuesday evening on Interstate 29, north of Thurman. The Iowa Division of Criminal Investigation is involved in the investigation. No other details are being released at this time.

John Deere reports income fell in its fourth quarter

Ag/Outdoor, News

November 27th, 2019 by Ric Hanson

(Radio Iowa) — John Deere is reporting a five percent increase in worldwide SALES — but the company’s INCOME in the last quarter dropped by 63 million dollars. John Deere’s fourth quarter ended October 28th. John May, the company’s C-E-O, says lingering trade tensions and a challenging growing season are causing uncertainty in the ag economy — and many farmers have become cautious about making major investments in new equipment.

Outside of the ag sector, general economic conditions are favorable, according to John Deere’s chief executive. Demand for smaller John Deere equipment, especially for construction and the forestry business, led to a record year for sales.

Cass County Supervisors approve Engineer contract

News

November 27th, 2019 by Ric Hanson

The Cass County Board of Supervisors today (Wednesday) approved an employment agreement with retired County Engineer Charles Marker, to serve as the temporary/interim County Engineer. The agreement calls for Marker to be paid $50 per hour on an as-needed basis, with the stipulation that he provide a monthly report on hours worked and services provided during those hours. Marker had previously served as the Cass County Engineer for 16-years before retiring in 2016.

In other business, the Board heard from Current County Engineer Rich Hansen, who provided an update on their various Fall construction projects, which are beginning to get wrapped-up. He said the centerline of the Lewis Road is painted and shoulders finished. The only thing left to do this Spring, is add the shoulder rumble strips. The shoulders are also finished on Olive Street, with the exception of safety rumble strips, and the railroad approaches. With regard to the railroad approaches, Hansen said the the railroad has been difficult to work with in getting a permit to work close enough to the tracks. So that work will be carried over to Spring, also.

And, work is wrapping up on the last box culvert under County Road G-35. The road should be open by today [Wednesday] or Monday morning at the latest. And, West Central Community Action (WCCA) Executive Director Wendy Mueller provided the Board with an annual report of services provided during Fiscal Year 2019, to Cass County residents. Mueller also asked for a County contribution of $4,000, which is the same as last year. The Board took the request under advisement and will act during budget time on approval.

She said 56% of the households served have an income below 100% of the Federal Poverty guidelines. 71% were on a monthly fixed income. 42% of the clients were between the ages of 18-and 54. WCCA provided numerous services to Cass County residents, including two Headstart classrooms in Atlantic, which served 32 children. One of the classrooms was in collaberation with the Atlantic Community School District. They also work with Child Care Resource and Referral to improve overall child care. Mueller said they offered the Senior Employment Program, with three participants. She said 450 households in Cass County received utility assistance through LIHEAP (Low Income Home Energy Assistance Program).

In total over $1.3-million dollars in WCCA services were provided to the County in the last fiscal year.

Former care provider gets 10 years for stealing from clients

News

November 27th, 2019 by Ric Hanson

SIOUX CITY, Iowa (AP) — A former care provider in Sioux City has been sentenced to 10 years in prison for stealing from her clients. The Sioux City Journal reports that 50-year-old Lisa Sembach-Preston was sentenced Tuesday. She’d pleaded guilty to two counts of dependent adult abuse and two counts of theft. The judge also ordered her to repay nearly $85,000 to Crossroads of Western Iowa, a Council Bluffs-based nonprofit that provides services to adults with disabilities and mental illnesses.

The records say Sembach-Preston was responsible for each victim’s bank accounts and financial matters. The thefts occurred from February 2015 through April 2017. Authorities say she used the money to pay for furniture, clothes and a trip to Las Vegas.

Pott. County Sheriff’s report (11/27)

News

November 27th, 2019 by Ric Hanson

Sheriff’s officials in Pottawattamie County report the arrest Tuesday night, of a Council Bluffs man. 19-year old Seth Thomas Morgan was arrested following a traffic stop in Walnut. He was taken into custody on a warrant for Credit Card Fraud (Under $1,500 value), and transported to the Pott. County Jail. 33-year old Justin Paul Toth, of Cleveland, TX., was arrested Tuesday afternoon, following an investigation into a stolen vehicle and a disturbance on I-29 northbound, near mile marker 60. Authorities say a stolen truck, goose-neck trailer loaded with a skid-steer were recovered. Justin Toth was arrested for Theft in the 1st Degree – motor vehicle related. His bond was set at $10,000.

32-year old Christopher Alan Pierce, of Creston, was transported from the Union County Jail to the Pott. County Jail, Tuesday, on a Pott. County warrant for Contempt of Court/resistance of an Order. And, 34-year old Jason Paul Crouse was transported from the Fremont County Jail to the jail in Pottawattamie County, on a Pott. County warrant for Conspiracy/Intent to manufacture/deliver false methamphetamine under 5-grams.

After 70 years, southwest Iowa woman writes final ‘Up a Country Lane’ column

News

November 27th, 2019 by Ric Hanson

(Radio Iowa) — She’s been a staple for housewives and avid readers for nearly seven decades, but 100-year-old Evelyn Birkby is ready to say “goodbye” to her loyal readers. Birkby’s final “Up a Country Lane” column appeared in today’s (Wednesday’s) edition of the Shenandoah Valley News Today. Birkby’s weekly column got its start in 1949 in the Shenandoah Evening Sentinel. “Mr. Archie had put in the newspaper that he wanted a farm wife to write a weekly column,” Birkby says.

Birkby’s husband encouraged her to do it. Birkby’s son, Bob, says his mother got a piece of advice before her first column and heeded that advice through each of her over 3,600 weekly entries. “He said: ‘Always put in a recipe,’ because people loved recipes and she as she began writing, she also realized that she didn’t know how to cook very well,” he says. “She asked a lot of friends and listeners and readers to send recipes and she would test them on her family and so dinner at our house would often be something that we did not recognize because it was something that she was trying out for the first time.”

Birkby grew up in Sidney as the daughter of a Methodist minister. She attended Simpson College and was briefly a school teacher before having children. Over the years, she’s authored columns in unique settings, including frequently bringing her work on family camping trips that spanned the country. “The minute I would get that old typewriter out on my picnic table, here would come neighbors who were camping nearby to find out what I was going,” she says. “Well, if there’s anything that can kill a column, it’s people looking over your shoulder and asking you what you’re up to.”

Birkby says new technology has helped her writing process, as she started out on a manual typewriter. “I made a carbon copy and filed the carbon copies until one day, computers came into my life and I was delighted,” she says. “It was the smallest computer you ever saw and I loved it because now I had a spellchecker!” A decade ago, Birkby began losing her eyesight and her son, Bob, has helped type out her columns. Birkby also has appeared regularly on K-M-A, the Shenandoah radio station — and she’ll continue to make appearances monthly. She plans to keep writing, with her son’s assistance, so she can record some of her favorite memories from the past 100 years.