Edward "Ed" Esposito is vice-president, information media for the Rubber City Radio Group. He oversees news and public affairs programs for www.AkronNewsNow.com, 1590 WAKR, 97.5 WONE and 94.9 WQMX. He is Secretary-Treasurer of the Radio Television Digital News Foundation; a former chair of the Radio Television Digital News Association and Foundation and a former president of the Ohio Associated Press Broadcasters Association. He's also served as a member of the Akron Press Club , Kent State University Student Media Advisory Board, Ohio Open Government Coalition, Northeast Ohio AMBER Task Force. He's lectured on broadcasting and journalism for the University of Missouri in China, as well as across the country for RTDNA and RTDNF. You can reach Ed through the newsroom at 330-864-6397 or by email firstname.lastname@example.org
Akron police need your help finding a 19-year old woman who never showed up after working her job as a home health care aide.
Police say Taylor Robinson, of East Archwood Avenue, was last seen Friday night after she was dropped off at a home on Kipling Avenue. She had her hair in a ponytail and a white and black bandana around her head. Robinson was last seen in a white t-shirt with grey pants; she's 5'3" and 150 pounds.
Anyone with information should contact the Akron Detective Bureau or Missing Person Unit.
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(Akron Police Department) The Akron Police Department is asking for the public’s assistance in locating an adult missing person. Taylor Robinson, 19, of East Archwood Avenue in Akron, was last seen late Friday night, May 3, 2013 when she was dropped off at a residence in the 700 block of Kipling Avenue for her job as a home health care aide.
Robinson’s family had not heard from her since.
Taylor Robinson is a black female, 5’03”, 150 lbs., and was last seen wearing a white t-shirt and gray leggings (pants). She had her hair in a ponytail and a white and black bandana around her head.
Anyone with information as to the whereabouts of Taylor Robinson is asked to contact the Akron Police Department, Detective Bureau at (330) 375-2490 or the Missing Person Unit at (330) 375-2530.
An Akron lawyer is on suspension for a year after the Ohio Supreme Court ruled he solicited a divorce case client for sex.
The client -- a woman -- said William Detweiler even sent her text messages that included a nude photo of his lower body and suggestion on the type of sex he wanted. She said she felt "trapped" and couldn't fire him as her lawyer because she'd already paid him a $10,000 retainer and couldn't afford a new attorney.
Detweiler admitted to the conduct. Both said there was never any sex consummated.
(Ohio Supreme Court) The Supreme Court of Ohio has suspended the law license of Akron attorney William J. Detweiler for one year for repeatedly soliciting a client for sexual favors, and continuing to represent that client in an ongoing case despite the substantial risk that his own personal interests conflicted with those of the client.
In a 5-2 per curiam (not authored by a single justice) opinion announced today, the Supreme Court of Ohio adopted findings by the Board of Commissioners on Grievances & Discipline that Detweiler engaged in professional misconduct by sending a woman he was representing in a divorce action a series of increasingly sexual text messages over a period of several months, ultimately including a nude photo of his lower body and a request that she engage in oral sex with him.
The client, who never engaged in sex with Detweiler or even met with him socially, stated in a grievance filed with the Office of Disciplinary Counsel that she felt “completely trapped” and unable to terminate her client-attorney relationship with Detweiler because she had already paid him more than $10,000 in legal fees and could not afford to hire a new attorney.
In response to the client’s grievance, Detweiler stipulated that he had engaged in conduct that adversely reflects on his fitness to practice law, continued to represent a client despite the risk that his personal interests would limit his ability to act appropriately on her behalf, and solicited sexual activity with a client when there had been no consensual sexual relationship with that person prior to the attorney-client relationship.
While acknowledging the disciplinary board’s recommendation that Detweiler’s license be suspended for one year with six months stayed on conditions, the court noted that he was previously reprimanded in 2010 for engaging in an improper sexual relationship with a client, and concluded that Detweiler’s increasingly aggressive conduct in the present case called for the more severe sanction of a one-year actual suspension from practice, with reinstatement conditioned on no further misconduct, evaluation by the Ohio Lawyers Assistance Program, and compliance with
any treatment recommendations.
The majority opinion was joined by Chief Justice Maureen O’Connor and Justices Terrence O’Donnell, Judith Ann Lanzinger, Sharon L. Kennedy, and Judith L. French. Justices Paul E. Pfeifer and William M. O’Neill dissented, stating that they would impose a one year suspension with six months stayed.
Scratch another pot-growing operation off the list. Summit County deputies, working with the county Drug Unit, dismantled a marijuana growing farm inside a home at 904 Johnson Street in Akron.
Police snagged 68 pot plants, about six pounds of marijuana, growing gear along with two handguns and two shotguns. Charges are pending but Children's Services was called in because a four-year old child was living at the home.
(Summit County Sheriff) The Summit County Drug Unit received information in regards to a marijuana grow operation at 904 Johnson Street in the City of Akron. The Summit County Drug Unit initiated an investigation and on April 30th, they conducted a search of the residence.
The search of the residence yielded 68 marijuana plants, approximately 6 pounds of marijuana, lamps, filters, 2 handguns, and 2 shotguns. Summit County Children’s Services was notified in regards to a 4 year old child that was located at the residence. Charges are pending the outcome of the investigation.
A longtime fixture in Medina County politics is dead.
Tom Wolfe died Friday at his home at the age of 79. His primary career was as an insurance agent but his political and government service also heading the county party as well as serving on the Medina Board of Elections, where he was a member for 40 years.
Calling hours will be held Tuesday afternoon and evening at Bauer Funeral Home in Valley City.
(Medina County Democratic Party) It is with deep sadness I inform you that Tom Wolfe, long time Chair of the Medina County Democratic Party, passed away Friday April 26, 2013 at his home.
Tom continued to support the local party attending numerous dinners and providing support to the party and candidates. Tom was 79. We will miss his presence and his encouraging words.
He was born May 7, 1933 in Elyria, to the late George and Faun Wolfe. Tom has been a lifelong resident of Medina County. He was Liverpool High School graduate of 1951 and a 1955 graduate of Ohio State University, where he was a four year member of the OSU Marching Band.
Tom is a United States Army veteran serving from 1956- 1958. He was quite proud to have been selected to serve in the Army Honor Guard. Tom had owned and operated Wolfe Insurance Agency for over 30 years. He was a member of the Medina County Board of Elections for 40 years.
Tom was a member of the Medina Eagles #2224, where he was in charge of the charity fundraising events and the Medina VFW Post #5137. He was a lifetime member of the Valley City Chamber of Commerce and a long term member and past president of the Medina Lions Club.
After retiring, Tom continued to be very active in civic, community and church activities. He spent many dedicated hours working with the Salvation Army and the Medina Health Ministry. Tom was very dedicated to his church, Zion Lutheran Church Valley City where he had held the majority of all the church offices. He has enjoyed singing in the church choir since his confirmation. He was an avid supporter of the Buckeye Athletic Boosters, Ohio State University, and had a passion for enjoying a good game of golf with friends.
He will be greatly missed by his wife, Colleen married 53 years; daughters, Lynne (Jeff) Fogel, of Columbus and Kimberly (Marty) Gaska, of Chicago, Illinois; granddaughters, Erica, Natalie and Megan.
Preceded by his brother, William Wolfe.
Funeral Service will be at 11 A.M. Wednesday, May 1, 2013 at Zion Lutheran Church, 2233 Abbeyville Road Valley City, with Rev. Michael Koch, officiating. Burial will be at the Zion Lutheran Cemetery. Calling hours will be Tuesday, April 30, 2013 from 2 to 4 and 6 to 9 P.M. at the Bauer Funeral Home, 2089 Columbia Road Valley City. Memorials if desired, can be made to Zion Lutheran Church Choir Fund.
GasBuddy.com reporting it's getting even cheaper to drive in the Akron area with prices at the pump falling by ten cents a gallon over the past week.
Akron's now at an average of $3.52 a gallon, about three cents over the national average. Prices are nearly 20 cents a gallon cheaper than the same time last year.
(GasBuddy.com) Average retail gasoline prices in Akron have fallen 10.0 cents per gallon in the past week, averaging $3.52/g yesterday, according to GasBuddy's daily survey of 372 gas outlets in Akron. This compares with the national average that has fallen 1.6 cents per gallon in the last week to $3.49/g, according to gasoline price website GasBuddy.com.
Including the change in gas prices in Akron during the past week, prices yesterday were 19.8 cents per gallon lower than the same day one year ago and are 4.1 cents per gallon lower than a month ago. The national average has decreased 13.3 cents per gallon during the last month and stands 32.2 cents per gallon lower than this day one year ago.
"The party at the pump with the seasonally lower prices may be temporarily over," said GasBuddy.com Senior Petroleum Analyst Patrick DeHaan. "We've seen situations unfold that have caused a reversal in the downward trend, and those situations are multiplying across portions of the U.S. and Canada. Along the West Coast, supply has grown tight and will lead to likely increases, and in the Great Lakes prices may spike 10-20c/gallon in the next two days in over a half dozen states as a result of a similar situation. Refineries are finishing what was an extensive maintenance season and with plant restarts commencing, problems may develop, putting pressure on prices," DeHaan said.
Admit it. It's not everyday someone publicly admits to the fetish of enjoying the smell of skunk. And it's not everyday when it's a boss, who tells workers to get her that skunk carcass she smelled on the way in to work.
To help celebrate the story that finally had Jeff Kinzbach speechless...what else?
A joy of radio: they can't smell you.
A doctor's apology when medicine doesn't go as expected can't be used against them when it comes to malpractice, according to an Ohio Supreme Court ruling.
It's based on the 2001 gall bladder surgery Jeanette Johnson of Portage County underwent; it didn't go well and Dr. Randall Smith had to switch from laparoscopic to more extensive surgery. She wasn't happy and he held her hand at one point afterward when complications arose, saying he was sorry.
Johnson and her husband sued twice but eventually lost their case in 2010. They appealed, saying his apology should have been admitted into evidence but the Court unanimously ruled a 2004 law excluding such sympathy statements was the rule when the case was heard.
(Supreme Court of Ohio) The Supreme Court of Ohio ruled today that a health care provider’s sympathetic statements to a patient regarding an unanticipated outcome of medical care may not be admitted as evidence of liability in any medical malpractice lawsuit initiated after the September 13, 2004 effective date of legislation barring such evidence.
Applying that analysis to a Portage County malpractice action filed in 2007, the court held that R.C. 2317.43, Ohio’s “medical apology statute,” prevented the admission of sympathetic statements made by a doctor to a patient who had suffered complications following gall bladder surgery, despite the fact that the patient’s injury occurred and the doctor’s statements were made in 2001, three years before the apology statute became law.
The court’s 7-0 decision, authored by Justice Judith Ann Lanzinger, reversed a ruling by the Eleventh District Court of Appeals.
The case involved a medical malpractice suit filed by Jeanette Johnson against Dr. Randall Smith, who surgically removed Mrs. Johnson’s gall bladder in April 2001. The surgery was scheduled to be done laparoscopic. But when Mrs. Johnson’s common bile duct was injured during the procedure (a known surgical risk), Dr. Smith converted to an “open procedure” to repair the duct. After the surgery, Dr. Smith explained to Mrs. Johnson the manner in which the injury had occurred and the manner in which he had repaired the duct.
One month later, Mrs. Johnson returned to the hospital because of complications resulting from the bile-duct injury. Her treatment required that she be transferred to another hospital. Before the transfer, she became upset and emotional. In an effort to console her, Dr. Smith took Mrs. Johnson’s hand and attempted to calm her by saying, “I take full responsibility for this. Everything will be okay.”
In August 2002, Mrs. Johnson and her husband, Harvey Johnson, filed a medical malpractice suit against Dr. Smith and the corporation through which he conducted his practice. They voluntarily dismissed that action in September 2006. In a new complaint filed July 26, 2007, the Johnsons alleged that Dr. Smith had rendered negligent medical treatment to Mrs. Johnson and that Mr. Johnson had sustained a loss of consortium.
A jury trial was scheduled for June 2010. Before trial, Dr. Smith submitted a motion to prohibit the introduction of any evidence regarding the statement of apology that he made to Mrs. Johnson before her transfer to the second hospital. Dr. Smith asserted that his statement constituted an expression of sympathy that could not be admitted into evidence under R.C. 2317.43.
The Johnsons submitted two responses to Smith’s motion. First, they argued that the statement was not an apology or expression of sympathy, but rather an admission of the doctor’s negligence. Second, they argued that R.C. 2317.43 did not apply, because it was enacted and took effect three years after the malpractice claim arose and the statement was made. The trial court ruled that any evidence regarding the doctor’s statement would be inadmissible at trial, concluding that witness testimony about Smith’s words and gestures at the time he made his statement indicated his intent to console and express sympathy for Johnson, and therefore the statement was covered by the apology statute.
The jury returned a general verdict in favor of Dr. Smith on the two claims asserted by the Johnsons following a trial at which no evidence of Smith’s statement was presented.
The Johnsons appealed, and the Eleventh District Court of Appeals reversed the trial court’s judgment, holding that the trial court had erred in applying R.C. 2317.43 because the General Assembly had not expressly stated its intent that the statute should apply retroactively. The court of appeals ordered a new trial. One judge dissented, stating that the pivotal issue was the date on which the suit was initiated not the date on which a statement was made or the plaintiff’s claim arose.
Smith sought and was granted Supreme Court review of the Eleventh District’s ruling
In today’s unanimous decision, Justice Lanzinger wrote: “The General Assembly, in enacting R.C. 2317.43, prohibited the introduction of any sympathetic statements and gestures made by a healthcare provider in any civil action ‘brought’ by an alleged victim of an unanticipated outcome of medical care. The effective date of the statute was September 13, 2004.”
“The language of RC. 2317.43(A) is clear and unambiguous. By its express terms, R.C. 2317.43 applies to ‘any civil action brought’ by persons described in the statute. This means that the statute applies to a civil lawsuit filed after the effective date of the statute. The Johnsons argue that they ‘brought’ this civil action when they initially filed their original complaint against Dr. Smith in August 2002. That action, however, was voluntarily dismissed in 2006. When an action has been voluntarily dismissed, Ohio law treats the previously filed action as if it had never been commenced. ... The action filed by the Johnsons in 2002 must be treated as if it never existed. The Johnsons ‘brought’ or commenced this civil action upon the filing of their complaint on July 26, 2007. When this action was brought by the Johnsons, R.C. 2317.43 had been in effect for almost three years.”
“The Johnsons’ filing of this case on July 26, 2007, meant that the statute applied. ... Because we have determined that the statute applies, the next step is to determine whether Dr. Smith’s statement was properly excluded. ... (D)ecisions granting or denying a motion in limine are reviewed under an abuse-of-discretion standard of review. ... For an abuse of discretion to have occurred, the trial court must have taken action that is unreasonable, arbitrary, or unconscionable.”
“In this case, the trial court heard testimony from witnesses before ruling on the motion in limine. Based upon its observation, the court concluded that ‘the statements and gestures and actions are covered under 2317.43.’ The court of appeals, in reviewing the decision, did not analyze under an
abuse-of-discretion standard whether the trial court had acted unreasonably, arbitrarily, or unconscionably in reaching its conclusion. Thus, it was improper to reverse the trial court’s decision to exclude Dr. Smith’s statement. The trial court had determined that Dr. Smith was faced with a distressed patient who was upset and made a statement that was designed to comfort his patient. This is precisely the type of evidence that R.C. 2317.43 was designed to exclude as evidence of liability in a medical-malpractice case.”
“Dr. Smith’s statement was properly excluded pursuant to R.C. 2317.43. We therefore reverse the judgment of the Eleventh District Court of Appeals and remand the case to the trial court to reinstate the jury’s verdict and the trial court’s judgment.”
Justice Lanzinger’s opinion was joined by Chief Justice Maureen O’Connor and Justices Sharon L. Kennedy, Judith L. French and William M. O’Neill. Justices Paul E. Pfeifer and Terrence O’Donnell concurred in judgment only.
The University of Akron is asking it's workforce to come up with ideas...on how to cut payroll. A memo to staffers notes the University is trying to get ahead of a project $26 million dollar shortfall for the year; committees are also looking at other ways to cut costs and save money.
Enrollment at the University of Akron dropped last fall and some federal stimulus money is due to run out. Ohio law requires a balanced budget by June.
TO: Faculty and Staff
FROM: Provost Mike Sherman and CFO David Cummins
DATE: April 16, 2013
RE: Actions to increase effectiveness, efficiency and student academic success
Previous communications have suggested several options under consideration to close the $26.7 million budget gap projected for FY-2014. Because the State of Ohio requires a balanced budget be presented to our Board of Trustees in June, we must act with urgency. This memorandum is an update on strategies we are pursuing to achieve greater effectiveness and efficiency in our operations, and—most importantly—to ensure student academic success.
As a reminder, the budget shortfall is largely the result of realities we and other universities face in our traditional sources of university funding: (1) reduced state and federal support, and (2) lower enrollment (enrollment = the sum of new and continuing students). Hence, we are taking the following actions:
Focus on enrollment:
* One of the most effective ways to strengthen the budget is to increase enrollment. That is why we are welcoming the efforts of faculty and staff to reach out to qualified applicants and encourage them to pursue their college career at UA. There are many activities in the weeks ahead involving student visits to our campus. Each of us can play a vital role in growing our enrollment and providing support to our students once they are here, to make sure they are successful through graduation. We are working hard with faculty and advisers to develop more effective retention and persistence strategies.
Focus on savings and efficiencies:
* We have met with the Deans and Vice Presidents to help them plan for reduced budgets. Budget targets for each academic and non-academic unit have been provided, along with assistance in the budget planning process. We have asked each Vice President and each Dean to consider:
* Are there functions that can be eliminated or reduced and/or services that can be consolidated that will generate savings and have minimal impact on essential services or student success?
* Are open positions necessary to fill? Should hiring plans be reevaluated, given a general reduction in enrollment?
* What can be anticipated from attrition (expected retirements) and has reassignment of personnel been considered to improve productivity and efficiency?
* We developed historical enrollment, staffing and spending trends for all colleges and departments before recommending specific budget reduction targets. Reduction targets for colleges considered these factors along with strategic priorities. The budget reduction target for the academic units averages 3.5 percent; the non-academic unit reductions average 7 percent. Deans and Vice Presidents have been asked to present one-year and two-year scenarios to achieve these budget reduction targets.
* We are reducing by $1 million this year's allocation to the Achieving Distinction initiative and delaying the next $2 million investment slated for fiscal 2014. We will work with faculty to ensure that the interdisciplinary research so deserving of support continues to move forward.
* Administrators and Deans are leading several initiatives designed to increase efficiency, enhance effectiveness, and boost productivity in a variety of operations throughout the campus. See a list of these initiatives, team members and some of their targeted activities.
Focus on productivity and work schedules:
* We are launching a new program that offers eligible employees an opportunity to voluntarily reduce their work schedules. Full-time contract professionals and exempt and non-exempt staff members may request a permanent reduction in working hours and corresponding pay. Obviously, there are some positions that lend themselves to shortened work weeks or 9-month positions and there may be some employees who would prefer to spend summers with their families or have a shortened work week during the full year for personal reasons. These permanent reductions will create permanent salary savings to help support the balanced budget initiative.
* Universities, businesses and industries across the nation are facing the consequences of the Affordable Care Act, and taking action to address anticipated health care costs. Here at UA, based on previous experiences and without any changes, we estimate the cost of providing health benefits to part-time staff and faculty would exceed $4 million. After considering guidance from the IRS and outside counsel, we decided to limit part-time staff to less than 30 hours a week, and part-time faculty to 8 credit hours per semester (which equates to less than 30 hours per week). We will remain flexible in evaluating individual teaching schedules. We do not yet know how many part-time faculty will be impacted by this decision, or the potential impact on the budget, as the academic review process continues and course schedules have yet to be finalized. Meanwhile, Deans and department chairs are reviewing anticipated course enrollments and schedules as well as full-time faculty workloads.
We will continue to keep the campus informed of initiatives to help close the budget gap. These are challenging times, but we have complete confidence in our ability to make the tough decisions without compromising the quality of education to our students and, in fact, enhancing their Akron Experience that leads to student success.
In the aftermath of the Boston Marathon bombings, so many questions remain. Who? Why? How?
The smoke of the twin blasts at the race finish line still lingering in the national psyche with plenty of speculation as broadcast, print and web outlets churn opinion without much substance to go on at this time. We know what -- bombs detonated, to lethal and injurious affect. We know where, we know who the victims were but motivation is still unknown.
We do know this comes with this as a week rich in anniversary dates; Waco, Oklahoma City, the establishment of the nation-state of Israel, the annual tax rites, Patriot Day in one of the 13 colonies.
We know the face of an eight-year old Dorchester, Massachusetts boy stares at us from computer screens as the face of terrorism's victims in 2013. Martin Richards, seen here in a photo going viral on Facebook, may very well be the enduring vision we prefer to have coming out of the Boston bombing rather than the streets streaked with the carnage of those blasts.
We know the tragedy has Martin's face; a little boy who went to the marathon to cheer on his father, to give Dad a hug as he crossed the finish line, to start returning to the sidewalk where his mother and little sister waited.
To return just as the force of the blast hit, killing his sister and leaving his mother with terrible injury. The Richards family ripped apart by hate and blind violence, a wound felt by a nation.
We know America is once again sharing what makes up the daily life for people in the Middle East, Iraq, Afghanistan, Pakistan, Sudan and Somalia. American flags are flying at half-staff today by order of President Obama; Ohio flags fly at half-staff by order of Governor Kasich.
What are we to make of the impact here at home, eleven and a half years beyond September 11th? WONE's Jeff Kinzbach spoke with local law enforcement with unique views. Akron Police Chief James Nice heads one of the biggest police departments in northeast Ohio, one charged with helping maintain peace and safety for another marathon. The Akron Marathon welcomes thousands to the streets of our city, just as the Boston Marathon does on a much larger scale. As in Boston, there's a large finish line area where runners, friends and family gather to celebrate the accomplishment of 26.2 miles. As in Boston, nearly everyone carries their gear in a bag or backpack.
Brimfield Chief of Police David Oliver is a steady hand for a suburban department, one with a strong following across the world thanks to his embrace of social media and, in particular, his "Chief's Rants" on Facebook. Today Oliver writes "We cannot be afraid. We must be resolved and we must look ahead. We are the United States of America. We are Americans. We have been getting punched in the face for over 200 years. We wipe away the blood, mourn our dead and then we have the reckoning."
Both men are veteran law enforcement officers; in the case of Nice, it's a career that includes the F.B.I., now charged with getting answers on the who and why of the Boston bombings. Both are confident the answers will come from the hard work being done now by dedicated federal, state and local investigators. Both also say we live in a world where we need to take more responsibility not only for our own personal safety but also the safety of our community.
It's a lesson we shouldn't have to repeat every 11 years.
Adios, "Beautiful Ohio" and hello, "Ohio Pride."
Governor Kasich unveiling the new Ohio license plate design today. It was designed by Columbus College of Art and Design students based on slogans and votes collected by the Bureau of Motor Vehicles.
The new "Pride" design will be standard but the state will issue the old "Beautiful Ohio" plates until they exhaust the supply.
(Ohio BMV) Beginning Monday, April 15, 2013,Ohio will offer a new standard license plate design, proudly called Ohio Pride.
The name Ohio Pride was selected to culminate the celebration of what makes Ohio unique. This plate displays in the background 46 slogans describing what makes Ohio a great state. The selection of slogans was a collaborative effort of Ohio residents submitting votes and the Bureau of Motor Vehicles tallying the votes to provide the most popular slogans. Upon the final selection of slogans, Governor Kasich connected with Columbus College of Art and Design students to design the plate. Their artistic ability gave us a design which is distinctive to Ohio.
The design will be fully implemented to include all standard license plate designs and all special interest designs. Customers who still wish to obtain the Beautiful Ohio license plate design have the option to purchase the standard license plate at their local deputy registrar office until June 30, 2013, or until inventory is depleted at a specific location.
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