The Indianapolis Star from Indianapolis, Indiana • Page 22

PAGE THE INDIANAPOLIS STAR- TUESDAY, may 466,000 damage suit reversed made by plaintiff's attorney Mark Ladendorf hen he explained products liability law to the jurors during the August 1982 jury trial before federal Judge S. Hugh Dillirc The law would not allow a corporate giant to prey on innocent consumers, and that is why this law came about," Ladendorf said on behalf of the Roger P. Gonzales Jr. family. The defendants in the case were Volvo of America Corporation and Haul Company of Central Indiana.

cial" closing argument, hich spoke of the contest between the little consumer against the big corporation. "Appealing to the sympathy of jurors through references to the wealth of the defendants in contrast to the relative poverty of the plaintiffs is totally improper and cause for reversal" said Judge Philip D. Wilkins, a California federal judge sitting by designation on the appeals court panel. WILKINS CITED a comment By SUSAN HEADDEN A federal appeals court has reversed a $466,000 damage judgment warded to the relatives of a California woman who was killed in a 1977 car accident and to a daughter ho was injured in the crash. In a 2 1 decision made available Monday, a panel of the S.

Court of Appeals for the 7th Circuit said that reversible error was created when the attorney for the plaintiffs delivered an "infiamatory and prejudi llll Ill.l I 'V lK; Decatur Township school board candidate contests vote tabulation The appeals court also said that Ladendorf commented improperly when he said "It is the same old story: you cant beat city hall. And that is what they are trying to do here today. We have corporate giants against innocent consumers." WRITING FOR the majority. Wilkins also said that the district court should have applied Arkansas choice of law rules in the case, since the suit originated in Arkansas. "Although the choice of law issue was raised directly or indirectly on at least two separate occasions before the Indiana district court, on neither occasion was the choice clearly made.

In diversity cases where state substantive laws supplies the rules of decision, the importance of making that choice cannot be underestimated," the court said. However, Circuit Judge Richard D. Cudahy dissented with the majority opinion, saying that Volvo all along had insisted that Indiana's wrongful death statute should apply. The Gonzaleses claimed at the trial that Volvo should have warned consumers about the use of bumper trailer hitches. CUDAHY ALSO rejected the majority's contention that Laden-dorrs closing argument was sufficient grounds for reversal.

He noted that the defendant's attorneys made no objections to the closing arguments at the time of trial, and said that Dillin had told the jury "that corporate parties are to be treated just as other parties are, that sympathy and prejudice should play no part in the verdict a result of "irregularity, malconduct. mistake andor fraud." Mrs. Mann lost to Mrs. Lollar by 11 votes 856 845. But she insists she received the most votes and on Monday asked Marion Circuit Court to declare her the winner.

Mrs. Mann claims a faulty voting machine failed to record her Decatur Township school board candidate Joan Mann went to court Monday to contest an election tally she believes involved mistake or fraud. In her petition contesting the May 8 election, Mrs. Mann claimed that incumbent school board member Betty J. Lollar was re elected as Board actual number of votes.

She said the machine broke down twice during Election Day and that after the polls closed, a rubber roller was discovered over the tumblers for her name. The roller prevented the votes cast for her from being counted, she said. The official count on the 2nd Precinct voting machine did not show any votes for Mrs. Mann, while Mrs. Lollar received 52.

Mrs. Mann said she knows about 40 supporters voted for. her on the device. The petition asks the court to impound all voting materials and machines used in the 2nd Precinct of Decatur Township pending a decision. Shirley A.

Armstrong, 2nd Precinct committeewoman and also a candidate in the school board race, agreed the machine malfunctioned. She also has asked that the machine be impounded. StK ky Rk CmM Let me see the fish If there are fish in the brook at Brookside Park, the Strong brothers were sure to spot them Monday. James Strong, 8, (center) and Mack Strong, 5, didn't have any trouble peeking over the guardrail to look for fish, but it took some serious stretching on tiptoes for little 2-year-old Dennis Strong. The boys are the sons of Indianapolis resident Teresa Strong.

stations, sewers on shopping list "I THINK the Town Board has done a good job on their appointments. The appointments have generally been people sincerely interested in schools. That's the main thing you need. "It's more important why they're on the board than how they get there." Golden added. Golden said an average board meeting will draw only about five members of the public.

Although there is no time scheduled on the board's agenda for public comments, the board usually lets citizens have speaking time if it can be requested before the agenda is printed, said Superintendent N. Dale Weller. "The only hope this group would have with a different method is if it could still produce a better board for educational progress," Weller said. "My fervent hope, no matter what the method is, is that we continue to get high-caliber, unselfish people who really do give a lot for very little money or recognition," he said. Continued from Page 21 their third public meeting for Wednesday at 7 30 m.

in St Luke's United Church of Christ. 5360 West 16th Street. It is expected that the group's attorney. Robert W. Rund, will present members with a sample petition that he has prepared.

CROUP MEMBERS, who are still researching the petition procedure, said they believe they need the signatures of 20 percent of Speedway's voters before they can proceed with bringing the issue to a referendum. School officials said they wouldn't mind if the referendum is presented to the citizens. However, they said they believe more details must be considered including how candidates would be selected and whether the process would increase costs. "There hasn't been any debate or any animosity." said Samuel E. Golden, a nine-year school board member.

in July. Hudnut asked officials of his administration to make up the initial "wish list," explained City Controller Fred Armstrong. "EVERYBODY'S PUT together their thoughts. I don't think anything is written in stone." The suggestions, Armstrong said. will be considered as the mayor develops his 1985 budget proposal, which will be introduced in the council this summer.

Expected revenue from the new fund in 1985 would be about $3.6 million to $3.7 million. On the Department of Public Safety's list are two main suggestions, said Public Safety Director By DOROTHY PETROSKEY City department heads have made out a shopping list of new fire stations, sewers and bridges that they will present to the mayor today. The officials would like these projects to be financed by a proposed new cumulative building fund, which would be financed by increased property taxes. Mayor William H. Hudnut will have the fund proposal introduced in the City-County Council probably PSC chairman's payer: would have to pay an additional 10 cents per $100 of assessed valuation.

A homeowner now paying $1,000 annually in property taxes would have to pay an additional $10. The fund proposal is included in the administration's four-part tax program. On May 10 the council enacted two parts of the program a Marion County income tax and a local homestead credit, which will refund part of the property tax paid by homeowners. Hudnut wants the council to en act a fourth measure that would raise the property tax levy 4 percent. Cities, towns and counties may set up the new cumulative fund under a new state law.

The same law also allows counties to adopt the new type of county income tax that Marion County adopted. Richard I. Blankenbaker. The department would like money to help fund a $24 million communications system that would cover city and county departments. The project would include the 911 Class MURPHY'S LAW more, luHle3 tut itu mpfley" Continued from Page 21 the classroom this morning.

"I guess they were glad to see me," she said. "But first thing I did was look all around the room and ask, 'How are you getting away with all of these funny little things? Is there someone else in charge They knew I was on their case." Mrs. Gill, who claims she has been a teacher since she was in the fourth grade was tall, and the teacher always left me in charge when she left the room. The kids must have hated me has taught for 46 years and has "enjoyed every minute of it." SHE HAS seen changes. "Television," she said, "has made one of the biggest differences.

There is not the closeness in families there used to be. Everyone sits there and watches television and won't talk to each other. emergency telephone system through which citizens call for police and fire department help. BLANKENBAKER also would like money to help pay for $9.5 million worth of projects: two new fire stations, new fire department apparatus, new vehicles for police and other divisions within the department and a horse patrol station downtown. Department of Transportation Director Fred Madorin said he would like to receive $1.17 million annually to repair and replace bridges.

The department would use the money in conjunction with federal funds. Public Works Director Barbara S. Gole said sewer and drainage projects make up her list. Suggestions by these department heads will be among those Hudnut will hear in a daylong meeting today at a private cottage in Brown County. UNDER THE mayor's cumulative fund proposal, property tax "The children these days know lots more about more things, but I don't think they are as responsible as they used to be.

That is the main thing I try to instill in them. Responsibility. If work is due Friday, I want it Friday, not Monday or Tuesday She noted, too, that foreign children seem to have far more respect for teachers than do American children. "That has to say something about something," she said. How long does she plan to continue teaching? "Somebody said something to me about retirement," she sniffed.

"I just said retirement isn't in my plan." What is in her plan is the Indianapolis 500 Mile Race. "I'm rarin' to go!" So here she is. Back and bright as May AM Lupus difficult to diagnose 'If anything can wrong, it will 2 motorcyclists die; accident toll hits 277 gffl To Your jj Health drunken driving arrest studied STAR STATt RIPORT Frankfort, Ind. A preliminary court hearing on the weekend drunken driving arrest of Public Service Commission Chairman William W. Montgomery was postponed here Monday.

Clinton County Prosecutor Louis D. Evans was granted a 72 hour extension to investigate Montgomery's arrest and determine what charges to file. Clinton County Court Judge Kathy R. Smith approved the extension and rescheduled the hearing for 11 a.m. Thursday.

Montgomery, 34, rural Frankfort, was arrested at 12:50 a.m. Saturday after his car crossed the center line and collided with another car on Ind. 39 west of County Road 350 South, police said. Clinton County Sheriff's deputies charged Montgomery with driving while intoxicated. He was released on a $250 cash bond.

Montgomery, who has served on the Public Service Commission since 1982, was appointed chairman by Gov. Robert D. Orr in December. He succeeded Larry Wallace, who resigned. Tribune promotes Perkins, Powers to top editor posts South Bend, Ind.

(AP) South Bend Tribune editor and publisher John J. McGann announced Monday that John J. Powers has been named executive editor and Ed Perkins managing editor. Perkins will assume direction of the daily news operations of the Tribune and Powers will take charge of long-term Tribune news operations, McGann said. Powers, 56, has been managing editor of the Tribune since June 1, 1957.

A native of Brooklyn, N.Y., he joined the Tribune in 1952 after graduating from the University of Notre Dame. Powers, who was named as vice president of the South Bend Tribune Corp. in 1982, also will continue in that post, McGann said. Perkins, 49, has been assistant managing editor since 1982. Prior to that he served as city editor, assistant city editor and county government writer.

Drowning in pond was accidental STAR STATt REPORT Salem, Ind. A 54 year-old woman, who walked away from a local nursing home and was found dead in a nearby pond, died of accidental drowning, the Washington County coroner said Monday. Martha St John, Martinsville, drowned accidentally in the pond one-eighth of a mile behind the home, Coroner F. Dan Kelly Jr. said after conducting an autopsy.

The woman's body was found at 5:30 p.m. Sunday about 20 feet from shore. She had disappeared from the Nicholson Family Care Home at 4:30 p.m., authorities said. of avoidance of sun, proper rest, exercise, and individualized medications. Lupus remains a serious, chronic, mysterious disease for which we have no specific cure.

But it can often be helped by close co-operation between patient and various types of health professionals. For further information, Mrs. ask for the booklet Systemic Lupus Erythematosus from your local branch of the Arthritis Foundation; or write to Arthritis Foundation, P.O. Box 18888, Atlanta, Ga. 30326.

FOR MRS. Obesity and heavy drinking before bedtime may be the reason for your husband's attacks of apnea (cessation of breathing) while sleeping. Ask for medical help if there's no improvement McMtvgM Syndic tt By DR. PETER J. STEINCROHN five has the systemic type.

It can strike at any age, but women are afflicted at least eight times as often as men. THERE'S NO definite pattern of symptoms. Symptoms seem to depend on which organs are involved. One early symptom of lupus may be the butterfly mask across the nose and cheeks. Exposure to sun aggravates it We don't know the cause of lupus except that it's an autoimmune disease: the body turns on itself instead of protecting it from infection.

Mainly, treatment consists DEAR DR STEINCROHN: I am 38. and woke up a few months ago with stiffness in my joints. I thought it was an ordinary attack of arthritis. Later 1 had a red rash on both arms. After consultation with many specialists I learned that my trouble is what they call Lupus.

I've been told it's a chronic and serious illness. Will you explain? Mrs. G. DEAR MRS. Gj Lupus is difficult to diagnose and treat.

Its symptoms can mimic many diseases because it can appear in any part of the body: skin, joints, any of the internal organs and nervous system. It's often called the "great imitator." There are two common forms of lupus: The Discoid is the milder form, with a skin rash as its presenting problem. The other is called Systemic Lupus Erythematosus (SLE). This in volves inflammation of the connective tissue which holds together the cells of the body. In this way it can damage the heart, kidneys, brain, joints, muscles, skin or gastrointestinal tract.

About a half million Americans have lupus, but only about one in The deaths of two motorcyclists have raised the 1984 death toll on Indiana roads to 277, compared with 362 on May 22, 1983. David Kolosci, 29, Lake Station, died Monday when his motorcycle went out of control and crashed into an oncoming car on a Portage street about 6:30 a.m. Officials at Mercy Hospital in Hobart pronounced Kolosci dead of internal and chest injuries about 8 a.m. Rosalind Jeanne Kinsey Redd, 41, Indianapolis, died after her motorcycle struck a car on the North-eastside of Indianapolis Sunday. Police said Mrs.

Redd was heading north on Sherman Drive near 36th Street at 2:20 a.m. Sunday when a car made a right turn in front of the motorycle. No charges were filed against the driver of the car, Debra Mur phy. 27, Indianapolis. Police said Mrs.

Redd died in surgery at Wishard Memorial Hospital shortly after the accident Services for Mrs. Redd will be held at 10 a.m. Thursday in St. Rita Catholic Church, of which she was a member. Friends may call from noon to 9 p.m.

Wednesday in Stuart Mortuary. A salesperson at Palmer Dodge Inc. seven years, she had received several awards for outstanding service there. Born at Plainfield, she had lived here 35 years. She was a member of National Council of Negro Women and had served as a coach for several youth sports at the church.

Survivors include her husband, Donald Redd; a daughter, Philanna S. Redd; a son, Tony Edlen; her father, James Kinsey; and her mother, Helen Clay. Wishing Well Body of woman found in creek identified HEALTH CAPSULES by Michtl A. Pflli. P.

34825 67547348 NAFAMAHA LAEAE 5746835784263 IRDNSWLMTDSES 8657324527354 1 WY0P EPENE0R 34385 7 2 456487 CTIVUIP0WRSI0 2 5 7 3 4 2 5 6 7 3 8 2 6 AIUAUH-LOSLT 438574 6234 785 CWI LDCEAOEAEL "7 54 F6 57 3 8 6 54 YISRCKSKSTESO mAT if AfEAM if Your im iTchbz Rl6HT afTbr a bath OR 4H0U)R 2 1 i A 9-lt. STAR STATI RIFORT North Liberty, Ind. A woman found bound and beaten to death in a creek under a Si Joseph County overpass was identified Monday as a South Bend resident, police said. Investigators said the woman was beaten and strangled to death and then apparently thrown off an overpass along Ind. 4 west of the this town of North Liberty in the southwest section of St Joseph County.

She was identified as Donna Lanier, 28, said Capt. Elmer Chikar of St Joseph County Police. He reported no leads or suspects. He said the woman was found lying face down in a shallow portion of Potato Creek, naked and with her hands tied behind her back with nylon hosiery. A black leather jacket was found near the body, with a button pinned to it that said, "Good girls go to heaven and bad girls go everywhere," Chikar said.

She was wearing various pieces of jewelry, he added. Police said the body was found Sunday evening by fishermen and had probably been in the shallow water less than 48 hours. 2 HERE IS A PLEASANT LITTLE GAME that will give you a message every day It's a numerical puzzle designed to spell out your fortune. Count the letters in your first name. If the number of letters is 6 or more, subtract 4 If the number is less than 6, add 3 The result is your key number.

Start at the upper left hand corner and check one of your key numbers, left fo right. Then read the message the letters under the checked figures give you. 5-22 (H.nafotu'STd'toi Int Itti Woid riot 'axrvad IT USUALLY YooR KIM Too OR OIL OH YOUR 5KI. Health Ctpstriw Jtvei twlptul WormMion it not intended to 0 of diagnostic nan 1.