It's something everyone should know before they buy insurance- just because you have insured your trailer does not mean you are covered if an elephant stomps someone to death in it.
That's the gist of a lawsuit filed Tuesday in U. S. District Court for the Western District of Missouri. National American Insurance Company claims it should not have to bear the costs faced by the Webb City-based Tarzan Zerbini International Three Ring Circus, Inc., in a wrongful death lawsuit brought by the widow of a man who was killed by a circus elephant last year in Fort Wayne, Ind.
In her lawsuit, filed Aug. 25 in Jasper County Circuit Court, Karen Gibson-Spenle, widow of Pierre Spenle, is asking for damages, interest, and costs to cover her husband's medical care and funeral expenses.
According to the Jasper County lawsuit, Pierre Spenle was helping Patricia Zerbini, daughter of the circus owner and an elephant trainer, and a third circus employee, put the elephants back in the trailer following an afternoon performance in Fort Wayne on Jan. 25, 2005. After two elephants had been loaded successfully, Ms. Zerbini and the third employee left, leaving Spenle to load a third elephant on his own.
According to the lawsuit, "Pierre Spenle loaded the last elephant and then attempted to close or latch certain metal bars that had been welded onto the circus trailer at the request and direction of the circus."
It didn't work out that way, the lawsuit alleges. One or more of the bars came loose, striking Spenle on the back of the head and knocking him to the floor. As he was lying there, unable to get up he "was repeatedly stepped on and/or kicked by the two elephants in the trailer," causing the injuries which led to his death.
The lawsuit says no one from the circus returned to check on Spenle. The lawsuit says that quite a while later an employee of the coliseum in which the performance was held "heard noises coming from the elephant trailer, saw the trailer shaking, and when he arrived at the trailer noticed Pierre Spenle lying on the trailer floor."
He called circus employees, who, at first, were unable to enter the trailer due to the elephant rampage. They finally were able to get Spenle to the hospital, where he died.
The lawsuit claims the circus was negligent, failed to provide proper assistance to Spenle, failed to properly build the trailer, failed to supervise its workers, and failed to "provide a reasonably safe place and/or conditions for work."
Spenle suffered "physical injuries, mutilation, trauma, extreme emotional distress, conscious pain and suffering, scarring, disfigurement and death," due to the Zerbini Circus' negligence, the lawsuit said.
In the federal lawsuit, the insurance company says it has no obligation to defend the circus, claiming the policy does not apply to bodily injury or death of an employee "performing the duties related to the conduct of the insured's business."
Thursday, February 02, 2006
Danforth says it's time for mainstream Republicans to take on right-wing Christians
Former U. S. Senator John Danforth, R-MO, says it is time for mainstream Republicans to loosen the stranglehold the so-called Christian right has on the party's politics, according to an article in today's Washington Post.
Legislators resist lobbying changes
Many of our politicians in Washington, undoubtedly including Seventh District Congressman Roy Blunt, are resisting the call for major changes in how they deal with lobbyists, according to an article in today's Washington Post.
Wednesday, February 01, 2006
Jasper County woman will not get her child back
It was a case of twisted love, but thanks to some dedicated public officials, one little five-year-old girl has been rescued from what from all appearances would have been a frightening home life.
The Braxton Wooden case brought some deserved heat on Family Services, but for the most part the people who work for that agency are doing their best to make sure that children end up in safe and happy homes.
Such was the case for BDW, at least that's what she is called in court records.
The Missouri Southern District Court of Appeals backed Judge David Dally's ruling terminating a Jasper County woman's parental rights and allowing BDW to remain with her adoptive parents..
BDW was less than three months old when she came under the jurisdiction off the Jasper County Juvenile Court, according to the opinion.
The Division of Family Services received a report in January 2001 concerning domestic violence in her home. The father was arrested, marijuana and drug paraphernalia were found, and a subsequent investigation revealed that the father had been convicted nine years earlier on a misdemeanor charge of assaulting an infant.
At that time, the mother was allowed to keep BDW on the condition that the two remain in the Lafayette House in Joplin, a women's shelter. The mother filed for a protection order against the father saying he had hit, choked, and slapped her and had "consistently abused" her for two years. The full order was never granted because the mother did not pursue it, the opinion said. The mother said, "It is hard to resolve any problems if we can't talk."
Apparently, the problems were not resolved. On March 26, 2001, Lafayette House officials reported concerns over the mother's behavior, saying she was not properly caring for the child, according to the opinion.
"Mother left the child unattended for long periods of time in her carrier, reportedly spending long periods of time on the phone with Father and her participation in the domestic violence program at Lafayette House was minimal."
BDW was placed in the home of the foster parents who eventually adopted her on that same day.
Although Lafayette House officials arranged different living quarters for the mother, she decided to move back in with the father, the opinion said. The mother missed five of 10 appointments with her counselor. The parents were granted one supervised visit with BDW per week, but soon lost even that right due to the father's action, according to the opinion.
"On June 25, 2001, Father was holding BDW and stated he could snap the child's neck before anyone could do anything about it. On July 2, 2001, Father verbally assaulted and threatened a DFS caseworker and was arrested; he later pled guilty to assault, peace disturbance and unlawful use of a weapon.
Parental visitation was terminated but DFS continued in its efforts to eventually reunited BDW with her mother, offering the mother counseling. A month later, the mother was able to again have a one-hour supervised visit each week. That arrangement did not work, however when the father threatened a DFS security guard and an aide during a Sept. 26, 2001 meeting.
The DFS caseworker told the mother she had little chance of keeping her daughter if she kept the father in her life, but on the next visit, she again arrived with him and soon after she began missing appointments with her counselor, according to the opinion.
The mother and father were married in September 2001, but the caseworker was not told about the marriage. The DFS continued working with both of them, telling them exactly what would be required for them to be reunited with their daughter, including attending classes on domestic violence, individual counseling, marriage counseling and team meetings. In December 2001, the father was admitted to a state institution to be treated for "depression with psychotic features." His doctor said he had a 50 to 75 percent relapse rate "if he did not stay on medication."
Later tests showed he was using marijuana on a daily basis. Eventually, the caseworker told the mother the time had come to consider giving up her parental rights. "Mother told the caseworker that she had married Father in order to bring their family together and she still trusted Father despite the fact that her relationship with him interfered with possible reunification between her and BDW."
The loving marriage did not work out well for the mother. On Oct. 11, 2001, she filed a second petition for a protection order saying her husband had "put a screwdriver to her throat, beat her with a flashlight, kicked her in the ribs, hit her in the nose, pinned her to the floor, choked her and accused her of 'sleeping around.' She admitted that she feared he would abuse her over the 'slightest thing' and stated that he had threatened to kill her." But a few days later, she dismissed the petition, according to the opinion.
On Nov. 2, 2002, he again beat her and was charged with assault. Later, the mother told the DFS caseworker her husband had broken her nose at least five times..."but she still maintained that he would improve his ways. She stated that her goal was to reunite her family. She hoped Father would want her and BDW and that he would one day be safe to be around."
The court ordered the mother's visit to her child terminated on Nov. 5, 2002. The father received 30 days of shock jail time and had his sentence suspended. "Mother remained by his side."
She told DFS in January 2003 that she was still with her husband, attending marriage counseling and they were doing well. However, the next month they were evicted from their home for not paying rent. Both parents were ordered to pay child support, but neither paid a cent, the opinion said, though later the mother did begin to pay some.
The mother finally split from her husband and moved in with her father. By this time, BDW had been in foster care for 33 months. At the hearing to terminate her parental rights, a psychologist testified that before she hooked up with the father, the mother had a long-term relationship with a man who cheated on her, treated her badly and was "eventually arrested for sodomy of teenage girls and producing pornography."
Psychologists testified there was no way that BDW should ever live with her father and also recommended against allowing her to live with her mother. Testimony also showed that the girl considered her foster parents to be her parents.
Judge Dally ruled that both parents' rights should be terminated.
Sometimes, the system works.
The Braxton Wooden case brought some deserved heat on Family Services, but for the most part the people who work for that agency are doing their best to make sure that children end up in safe and happy homes.
Such was the case for BDW, at least that's what she is called in court records.
The Missouri Southern District Court of Appeals backed Judge David Dally's ruling terminating a Jasper County woman's parental rights and allowing BDW to remain with her adoptive parents..
BDW was less than three months old when she came under the jurisdiction off the Jasper County Juvenile Court, according to the opinion.
The Division of Family Services received a report in January 2001 concerning domestic violence in her home. The father was arrested, marijuana and drug paraphernalia were found, and a subsequent investigation revealed that the father had been convicted nine years earlier on a misdemeanor charge of assaulting an infant.
At that time, the mother was allowed to keep BDW on the condition that the two remain in the Lafayette House in Joplin, a women's shelter. The mother filed for a protection order against the father saying he had hit, choked, and slapped her and had "consistently abused" her for two years. The full order was never granted because the mother did not pursue it, the opinion said. The mother said, "It is hard to resolve any problems if we can't talk."
Apparently, the problems were not resolved. On March 26, 2001, Lafayette House officials reported concerns over the mother's behavior, saying she was not properly caring for the child, according to the opinion.
"Mother left the child unattended for long periods of time in her carrier, reportedly spending long periods of time on the phone with Father and her participation in the domestic violence program at Lafayette House was minimal."
BDW was placed in the home of the foster parents who eventually adopted her on that same day.
Although Lafayette House officials arranged different living quarters for the mother, she decided to move back in with the father, the opinion said. The mother missed five of 10 appointments with her counselor. The parents were granted one supervised visit with BDW per week, but soon lost even that right due to the father's action, according to the opinion.
"On June 25, 2001, Father was holding BDW and stated he could snap the child's neck before anyone could do anything about it. On July 2, 2001, Father verbally assaulted and threatened a DFS caseworker and was arrested; he later pled guilty to assault, peace disturbance and unlawful use of a weapon.
Parental visitation was terminated but DFS continued in its efforts to eventually reunited BDW with her mother, offering the mother counseling. A month later, the mother was able to again have a one-hour supervised visit each week. That arrangement did not work, however when the father threatened a DFS security guard and an aide during a Sept. 26, 2001 meeting.
The DFS caseworker told the mother she had little chance of keeping her daughter if she kept the father in her life, but on the next visit, she again arrived with him and soon after she began missing appointments with her counselor, according to the opinion.
The mother and father were married in September 2001, but the caseworker was not told about the marriage. The DFS continued working with both of them, telling them exactly what would be required for them to be reunited with their daughter, including attending classes on domestic violence, individual counseling, marriage counseling and team meetings. In December 2001, the father was admitted to a state institution to be treated for "depression with psychotic features." His doctor said he had a 50 to 75 percent relapse rate "if he did not stay on medication."
Later tests showed he was using marijuana on a daily basis. Eventually, the caseworker told the mother the time had come to consider giving up her parental rights. "Mother told the caseworker that she had married Father in order to bring their family together and she still trusted Father despite the fact that her relationship with him interfered with possible reunification between her and BDW."
The loving marriage did not work out well for the mother. On Oct. 11, 2001, she filed a second petition for a protection order saying her husband had "put a screwdriver to her throat, beat her with a flashlight, kicked her in the ribs, hit her in the nose, pinned her to the floor, choked her and accused her of 'sleeping around.' She admitted that she feared he would abuse her over the 'slightest thing' and stated that he had threatened to kill her." But a few days later, she dismissed the petition, according to the opinion.
On Nov. 2, 2002, he again beat her and was charged with assault. Later, the mother told the DFS caseworker her husband had broken her nose at least five times..."but she still maintained that he would improve his ways. She stated that her goal was to reunite her family. She hoped Father would want her and BDW and that he would one day be safe to be around."
The court ordered the mother's visit to her child terminated on Nov. 5, 2002. The father received 30 days of shock jail time and had his sentence suspended. "Mother remained by his side."
She told DFS in January 2003 that she was still with her husband, attending marriage counseling and they were doing well. However, the next month they were evicted from their home for not paying rent. Both parents were ordered to pay child support, but neither paid a cent, the opinion said, though later the mother did begin to pay some.
The mother finally split from her husband and moved in with her father. By this time, BDW had been in foster care for 33 months. At the hearing to terminate her parental rights, a psychologist testified that before she hooked up with the father, the mother had a long-term relationship with a man who cheated on her, treated her badly and was "eventually arrested for sodomy of teenage girls and producing pornography."
Psychologists testified there was no way that BDW should ever live with her father and also recommended against allowing her to live with her mother. Testimony also showed that the girl considered her foster parents to be her parents.
Judge Dally ruled that both parents' rights should be terminated.
Sometimes, the system works.
Bankruptcy court hearing set for city of Lamar request
The city of Lamar's request for help in getting O'Sullivan Industries to pay its utilities bill will be heard in U. S. Bankruptcy Court for Northern District of Georgia 10 a.m. Thursday, Feb. 9, according to court records.
The motion is explained in the Jan. 9 Turner Report.
The motion is explained in the Jan. 9 Turner Report.
Joplin truck driver cheated out of $40,000
If Joplin truck driver Darrell Blankenship wants to get the $40,000 a Mahomet, Ill., based company owes him, it won't be through a forced bankruptcy.
The Urbana/Champaign News-Gazette reports Blankenship testified Tuesday during a five-hour trial in U. S. Bankruptcy Court. The judge eventually said he and three other truck drivers who claim they are owed money by the now-defunct Roberson Transportation will have to get it through other means...if they get it at all.
It was noted during the trial that the company had closed its doors because of financial problems, yet owner Roger Roberson appears to have a great deal of personal wealth.
The Urbana/Champaign News-Gazette reports Blankenship testified Tuesday during a five-hour trial in U. S. Bankruptcy Court. The judge eventually said he and three other truck drivers who claim they are owed money by the now-defunct Roberson Transportation will have to get it through other means...if they get it at all.
It was noted during the trial that the company had closed its doors because of financial problems, yet owner Roger Roberson appears to have a great deal of personal wealth.
Nexstar has reached deals with 150 cable operators
Associated Press reports Nexstar Broadcasting, owner of KSNF and de facto owner of KODE in Joplin, announced today that it now has retransmission agreements with 150 cable operators in 27 markets.
Nexstar also owns KSFX in Springfield and is de facto owner of KOLR in that city.
Not all of the cable companies paid cash, according to the article. Nexstar officials say "most" will.
KODE and KSNF were off Cable One in Joplin for nearly a year while the companies wrangled over retransmission fees.
Nexstar also owns KSFX in Springfield and is de facto owner of KOLR in that city.
Not all of the cable companies paid cash, according to the article. Nexstar officials say "most" will.
KODE and KSNF were off Cable One in Joplin for nearly a year while the companies wrangled over retransmission fees.
Empire District Electric asks for nine percent rate increase
Business Wire reports Joplin-based Empire District Electric Company has filed a request with the Missouri Public Service Commission for a 9.63 percent or $29.5 million rate increase.
The article says, "If approved, a residential customer using 1,000 kilowatt hours of electricity would experience a monthly increase of approximately $11.11."
The company is also asking to be allowed to raise rates whenever necessary to cover rising energy costs.
The article says, "If approved, a residential customer using 1,000 kilowatt hours of electricity would experience a monthly increase of approximately $11.11."
The company is also asking to be allowed to raise rates whenever necessary to cover rising energy costs.
RES to resume production on part-time basis
Renewable Environmental Services (RES), the company that has brought the new world odor to Carthage will be allowed to test its equipment three days a week under orders issued today by the Missouri Department of Natural Resources.
The DNR will monitor RES during this trial, scheduled for today through Feb. 15. The company will operate "with a mixture of normal Butterball feed stock and a benign combination of grease and vegetable oil," according to a DNR news release.
This is the same equipment monitored during a one-day trial last week, the news release said. The company was shut down by Governor Matt Blunt Dec. 29 after continual odor problems.
A decision will be made at the end of the trial period on whether to allow the company to continue operating the machinery, DNR Director Doyle Childers said in the news release.
The DNR will monitor RES during this trial, scheduled for today through Feb. 15. The company will operate "with a mixture of normal Butterball feed stock and a benign combination of grease and vegetable oil," according to a DNR news release.
This is the same equipment monitored during a one-day trial last week, the news release said. The company was shut down by Governor Matt Blunt Dec. 29 after continual odor problems.
A decision will be made at the end of the trial period on whether to allow the company to continue operating the machinery, DNR Director Doyle Childers said in the news release.
When the I's don't have it
During the first week of school each year at South, I give my students a list of "bad words" I do not want to see in their papers or writing prompts. The list includes "I think," "I believe," "In my opinion," "I don't think," and "I don't believe."
Though there are some sterling examples in American speeches and literature of people using those words, for the most part they do nothing but weaken writing.
"Nobody cares what you think," I tell the students, which always brings righteous indignation from a few. I pick one student and use his or her name to make my point, reciting two sentences.
"I think John is a good student."
"John is a good student."
"When you say, 'I think,' you are indicating you have some doubt that John is a good student," I tell them.
"When you leave those two words out, you make it sound as if there is no doubt he is a good student. It's still an opinion, but it sounds like undisputed fact.
Some catch on immediately. Others continue saying, "How can I say what I think if I can't say 'I think?' " " Sadly, one or two obstinately continue using the words throughout the year, weakening their writing each time.
I am reminded of the "I think" lesson each time I read some of the columns in area newspapers. It is not an easy job writing a newspaper column. I did it for more than 20 years and I wrote some that were terrible. During that time, I wrote more than 1,000 Sports Talk columns, most of which were profiles of high school athletes. When I was at the Lamar Democrat, I wrote a humor column called "The Inside Corner," which usually focused on some item on the news. Some of them are almost unbearable to read now. A few hold up pretty well, even after more than 16 years. The columns I enjoyed the most came after I became editor at The Carthage Press. Some were profiles of people connected to news stories, others offered fresh takes on news stories or opinions. For the most part, the personal pronoun I was not featured unless I was relating an experience connected with a news story.
So when readers have commented recently on some of the columns that are running in Joplin-area newspapers, for the most part I am in complete agreement. The Dave Barrys and Erma Bombecks are few and far between. For the most part, I do not want to read about columnists' home lives, their children, etc, unless they are connected to some local news story.
I also do not want to read about columnists mightily struggling on what to put in their columns. (And when that happens on the second or third column, it leads you to believe the newspaper might be wise to find some other use for that space.)
Part of the problem comes from newspaper editors and publishers who believe columns should be used to introduce the readers to the reporters. While there is some merit to that, if a reporter writes enough columns, the reader will learn about the reporter's personality and what the reporter values through the choice of topics and how the columnist writes about them.
Unfortunately, too many reporters fall into the trap of writing about their home lives and over the past 20 years I have only see one columnist in this area, Nancy Hughes of the Lamar Press, who did this effectively.
Of the local columnists, Bruce Vonder Haar of the Joplin Daily and Michael Davison of the Globe are writing solid sports columns on a regular basis. The only other Globe columnist I look forward to reading on a regular basis is Ed Simpson. Many times I do not agree with him, but he usually writes about topics that interest me.
I have had no problems with John Hacker's columns for the Daily, though some of my readers have. Telling readers just what goes into putting out a new newspaper offers some insight into just what a chore John and his crew are tackling every day as they battle the firmly entrenched Globe.
There are some fine niche columns in area newspapers, covering everything from genealogy to car care to library services. Those are fine for reaching a limited number of readers.
Marvin VanGilder at The Carthage Press has written an absorbing column on area history for years and also writes another column in which he comments on current affairs.
What kind of columnist should area papers be using? The Globe would be better off reducing the frequency of Mike Pound's column and finding two alternating columnists, one who can dig into the personal side of events in the local news and another who can comment forcefully on those same stories.
The Daily could use a steady dose of the kind of feature Michelle Pippin did recently on the late Jamison Alexander, the Joplin High School student who was killed in a hit-and-run accident.
Signature columnists bring the reader back day after day, or in the case of weeklies, week after week. Right now, no such columnist is featured on the pages of area newspapers.
Though there are some sterling examples in American speeches and literature of people using those words, for the most part they do nothing but weaken writing.
"Nobody cares what you think," I tell the students, which always brings righteous indignation from a few. I pick one student and use his or her name to make my point, reciting two sentences.
"I think John is a good student."
"John is a good student."
"When you say, 'I think,' you are indicating you have some doubt that John is a good student," I tell them.
"When you leave those two words out, you make it sound as if there is no doubt he is a good student. It's still an opinion, but it sounds like undisputed fact.
Some catch on immediately. Others continue saying, "How can I say what I think if I can't say 'I think?' " " Sadly, one or two obstinately continue using the words throughout the year, weakening their writing each time.
I am reminded of the "I think" lesson each time I read some of the columns in area newspapers. It is not an easy job writing a newspaper column. I did it for more than 20 years and I wrote some that were terrible. During that time, I wrote more than 1,000 Sports Talk columns, most of which were profiles of high school athletes. When I was at the Lamar Democrat, I wrote a humor column called "The Inside Corner," which usually focused on some item on the news. Some of them are almost unbearable to read now. A few hold up pretty well, even after more than 16 years. The columns I enjoyed the most came after I became editor at The Carthage Press. Some were profiles of people connected to news stories, others offered fresh takes on news stories or opinions. For the most part, the personal pronoun I was not featured unless I was relating an experience connected with a news story.
So when readers have commented recently on some of the columns that are running in Joplin-area newspapers, for the most part I am in complete agreement. The Dave Barrys and Erma Bombecks are few and far between. For the most part, I do not want to read about columnists' home lives, their children, etc, unless they are connected to some local news story.
I also do not want to read about columnists mightily struggling on what to put in their columns. (And when that happens on the second or third column, it leads you to believe the newspaper might be wise to find some other use for that space.)
Part of the problem comes from newspaper editors and publishers who believe columns should be used to introduce the readers to the reporters. While there is some merit to that, if a reporter writes enough columns, the reader will learn about the reporter's personality and what the reporter values through the choice of topics and how the columnist writes about them.
Unfortunately, too many reporters fall into the trap of writing about their home lives and over the past 20 years I have only see one columnist in this area, Nancy Hughes of the Lamar Press, who did this effectively.
Of the local columnists, Bruce Vonder Haar of the Joplin Daily and Michael Davison of the Globe are writing solid sports columns on a regular basis. The only other Globe columnist I look forward to reading on a regular basis is Ed Simpson. Many times I do not agree with him, but he usually writes about topics that interest me.
I have had no problems with John Hacker's columns for the Daily, though some of my readers have. Telling readers just what goes into putting out a new newspaper offers some insight into just what a chore John and his crew are tackling every day as they battle the firmly entrenched Globe.
There are some fine niche columns in area newspapers, covering everything from genealogy to car care to library services. Those are fine for reaching a limited number of readers.
Marvin VanGilder at The Carthage Press has written an absorbing column on area history for years and also writes another column in which he comments on current affairs.
What kind of columnist should area papers be using? The Globe would be better off reducing the frequency of Mike Pound's column and finding two alternating columnists, one who can dig into the personal side of events in the local news and another who can comment forcefully on those same stories.
The Daily could use a steady dose of the kind of feature Michelle Pippin did recently on the late Jamison Alexander, the Joplin High School student who was killed in a hit-and-run accident.
Signature columnists bring the reader back day after day, or in the case of weeklies, week after week. Right now, no such columnist is featured on the pages of area newspapers.
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