WESTPHALIA, Mo. (AP) — Two drivers who were injured when a Missouri high school girls soccer team collided with another vehicle remain hospitalized but all team members have been released from the hospital.
The Missouri State Highway Patrol says a bus carrying the Belle High School girls soccer team was struck nearly head-on Friday night by a car trying to pass another vehicle on U.S. 63 in Westphalia. The team was returning from a district championship game when the crash occurred.
Five girls and a coach were taken to University Hospital in Columbia. KRCG-TV reports they were all released by Saturday.
The bus driver, 54-year-old Randy Hicks, of Belle; and the driver of the second vehicle, 18-year-old Caleb Hock, of Jefferson City, were flown to the hospital. They were listed in fair condition Monday.
EMPORIA, Kan. (AP) — Authorities say no one is believed to still be missing after three people were rescued from a flooded vehicle in east-central Kansas.
Flooding in rural Lyon County-photo Lyon County Sheriff
Lyon County Undersheriff John Koelsch says the three people who were rescued early Saturday told deputies that there were initially five people in the car. They said two of them left to get gas for the stalled vehicle because they thought it was out of fuel. They never returned, and the three who were rescued after the car floated into a ditch didn’t know their full names.
Koelsch says the area was searched and no one else was found.
Authorities also arrested a man on a bicycle who ignored officers’ commands to stay put and attempted to go into the water to rescue the stranded motorists.
Kansas is one of just a handful of states that doesn’t allow a person injured by a drunk driver to sue the retailer who furnished the alcohol.
The driver who nearly killed Jeff Kudlacik had consumed at least eight alcoholic beverages over several hours before he got into his car. BIGSTOCK
On Friday, the Kansas Supreme Court upheld that 34-year-old rule, saying it was up to the Legislature to change it.
On March 10, 2015, Jeff Kudlacik was driving down 135th Street and Quivira Road in Overland Park around 11 p.m. when a Ford Fusion going 70 miles an hour ran a red light and slammed into his Mitsubishi 3000 sedan, slicing it in half.
The accident left Kudlacik, who had just celebrated his 23rd birthday with his parents, with compound fractures in both of his femurs, a punctured lung, nine broken ribs and other injuries. He was placed in a medically induced coma for 21 days and spent 70 days in Overland Park Regional Medical Center before he was discharged. He subsequently spent months in rehabilitation.
The driver who hit him, Michael Aaron Smith, had a blood alcohol content of 0.179, more than twice the legal level of impairment in Kansas.
Court records indicate that Smith had eight to 10 alcoholic drinks at Johnny’s Tavern in Shawnee over the course of about four and a half hours and then a beer at Barley’s Brewhaus in Overland Park over the course of an hour.
Thirteen months after the accident, Smith pleaded guilty to aggravated battery while driving under the influence and was sentenced to 31 months in prison. Court records show he was also ordered to pay restitution of more than $1.5 million to Kudlacik’s insurance carrier and more than $18,000 to the state crime victim compensation fund.
Kudlacik, meanwhile, sued the two bars where Smith drank, claiming the bartenders knew or should have known that Smith was intoxicated and still continued to serve him alcohol.
Johnson County District Judge Kevin Moriarty dismissed the case, noting that Kansas doesn’t allow third-party lawsuits against alcohol vendors for injuries caused by their patrons. The Kansas Court of Appeals upheld Moriarty.
Kudlacik then appealed to the Supreme Court, arguing Kansas’ rule is outdated, creating an “inexplicable immunity” for alcohol vendors, and is bad public policy.
The Supreme Court didn’t buy it.
“These arguments have some merit but not enough to cause this court to upend the status quo,” the court stated in an opinion written by Justice Dan Biles.
Biles said the court was bound by a 1985 Kansas Supreme Court case, Ling v. Jan’s Liquors, which found that since Kansas doesn’t have a dram shop act, “the common-law rule prevails in Kansas.”
Dram shop laws allow victims of drunk driving accidents to hold alcohol vendors accountable for the injuries or deaths caused by their drunk customers. Forty-three states and the District of Columbia have such laws. Only Kansas, Delaware, Louisiana, Maryland, Nebraska, South Dakota and Virginia don’t have dram shop laws.
Kansas used to have a dram shop law, but it was repealed in 1949, when the Legislature enacted comprehensive liquor regulation even as it criminalized liquor sales to minors and incapacitated people.
A line of cases since then has upheld the Kansas rule. Lawsuits against universities, fraternities, bars and liquor stores have all butted up against it and been thrown out.
And while the Supreme Court acknowledged on Friday that it wasn’t entirely convinced by the Ling case’s rationale — including what the opinion in Ling said were difficulties in recognizing intoxication and predicting patrons’ conduct — Biles said that “we are not clearly convinced Ling was originally erroneous or is no longer sound because of changing conditions and that more good than harm will come by departing from it.”
“We remain unpersuaded that a duty of care runs from tavern owners to third-parties injured by their patrons after leaving the tavern owner’s premises,” he wrote.
Kansas City attorney David Morantz, who represented Kudlacik, said his client knew he faced long odds in getting the law changed but was hopeful the Supreme Court would see fit to scrap it.
“We told him going into this that it would be an uphill battle because the court’s prior rulings on this subject going back to the ’80s presented quite a challenge for us,” Morantz said. “And Jeff knew all along that if we weren’t successful in the courts, we would take the matter to this Legislature and that’s what we plan to do next.”
Jeff Kudlacik turned 23 the day a drunk driver ran through a red light in south Overland Park at 70 miles an hour and nearly killed him. CREDIT KIM KUDLACIK
Morantz said Kudlacik has learned to walk again and is engaged to be married in November.
“Jeff’s made a remarkable recovery and he’s really been an inspiration to our firm,” Morantz said.
The stakes in the Kudlacik case were big enough to draw the attention of outside parties with an interest in the case. Mothers Against Drunk Driving, the Kansas Trial Lawyers Association and the Kansas Emergency Medical Services Association weighed in with friend-of-the-court briefs supporting Kudlacik’s position. The Kansas Restaurant and Hospitality Association and the Kansas Association of Defense Counsel filed briefs opposing it.
Wichita attorney Blake Shuart, who represented Mothers Against Drunk Driving, said the organization was disappointed with the decision.
“We feel that the Supreme Court missed a good opportunity to create a cause of action that could benefit lots of Kansans,” Shuart said.
Shuart said the court seemed to recognize there were sound policy reasons for creating a right to sue, “but the issue has now been kicked back to the Kansas Legislature.”
“Regardless of this opinion,” he said, “the policy arguments presented by both Mr. Kudlacik and our client, MADD, remain viable, and we encourage the Legislature to take overdue action, so that Kansas may join the overwhelming majority of states that have elected to hold liquor vendors responsible for the injuries they cause.”
Adam Mills, president and CEO of the Kansas Restaurant and Hospitality Association, said any change in the law was best left to the Legislature.
“We appreciate the Supreme Court upholding previous rulings and providing certainty for our industry,” Mills said in an email. “Alcohol sales by Kansas’ restaurant and hospitality industries are heavily regulated. These same regulations have produced reductions in the amount of alcohol-related traffic incidents, which have dropped dramatically since 1985.”
Dan Margolies is a senior reporter and editor in conjunction with the Kansas News Service. You can reach him on Twitter @DanMargolies.
HOLTON, Kan. (AP) — A fourth person has died from injuries suffered in a Kansas crash that happened more than a year ago as they returned home from watching two family members play in a state football championship.
Popkess Mortuaries says Lee Fred Ukele, of Sabetha, died Wednesday at the University of Kansas Hospital. He was critically injured in a November 2017 crash that killed his wife, his 11-year-old daughter and his brother.
They were returning home from watching the Sabetha High School football team win the state championship when 49-year-old Maria Perez Marquez, of Omaha, Nebraska, crashed into their minivan while trying to pass another vehicle north of Holton. At the time, two of Lee Ukele’s sons played on the team.
Carmen and her daughter Marlee photo courtesy Popkess Mortuary
The Kansas Highway Patrol reported a 2008 Chevy Equinox driven by Perez-Marquez, was southbound on U. S. 75 just north of 318 Road near Holton.
Marquez attempted to pass another vehicle, swerved to the shoulder to avoid a collision and struck a northbound 2008 Chrysler Town and Country driven by Carmen K. Ukele, 42, Sabetha, head-on.
Marquez -photo Jackson Co.
Ukele and passengers in the Chevy Marlee G. Ukele, 11 and Stephen M. Ukele, 62, all of Sabetha, were pronounced dead at the scene.
Marquez is scheduled to be sentenced in June on three misdemeanor counts of vehicular homicide and one felony count of aggravated battery.
Here’s the latest booking activity from the Buchanan County Jail. All persons included in this post are innocent of crimes until proven guilty in a court of law. These are courtesy photos.
This information is provided by the Buchanan County Sheriff’s Office and is not criminal history. The St Joseph Post assumes no legal liability or responsibility for the accuracy, or completeness, of this information.
ATTEBURY MARK DOMESTIC ASSAULT 50000 BOND
BILLUPS DAWAYNE RESISTING ARREST 5000 BOND
BLACK CORY POSSESSION OF CONTROLLED SUBSTANCE 7500 BOND
BUCKNER ARIC POSSESSION OF CONTROLLED SUBSTANCE 10000 BOND
BUSEY JACKIE POSSESSION OF CONTROLLED SUBSTANCE NO BOND
BEIJING (AP) — Deepening a trade battle and sending financial markets spinning, China announced Monday it was raising tariffs on $60 billion of U.S. goods in retaliation for the latest hike in U.S. tariffs on its exports.
The Finance Ministry said Monday the new penalty duties of 5% to 25% on hundreds of U.S. products including batteries, spinach and coffee will take effect June 1.
That followed Trump’s increase on Friday of duties on $200 billion of Chinese imports from 10% to 25% after charging that China had backtracked on commitments it made in earlier negotiations in a dispute over Beijing’s technology ambitions and perennial trade surplus.
Resuming his messages over Twitter early Monday, President Donald Trump warned Chinese President Xi Jinping that China “will be hurt very badly” if it doesn’t agree to a trade deal.
Trump tweeted China “had a great deal, almost completed, & you backed out!”
Trump insisted the tariffs the U.S. has placed on Chinese goods don’t hurt American consumers, saying there is “no reason for the U.S. Consumer to pay the Tariffs.”
White House economic adviser Larry Kudlow acknowledged Sunday that U.S. consumers and businesses pay the tariffs. “Both sides will pay,” he told Fox News.
China had vowed “necessary countermeasures” on Friday against Trump’s escalation of the tariff conflict.
Frazzled by the uncertainty, shares sank Monday across the globe. Futures contracts for the Dow Jones Industrial Average and the S&P 500 were down 2 percent before markets opened on Wall Street.
Beijing is running out of U.S. imports for penalties due to the lopsided trade balance between the world’s two largest economies. Regulators have targeted American companies in China by slowing down customs clearance for shipments and processing of business licenses.
The new tariffs are likely to hurt exporters on both sides, as well as European and Asian companies that trade between the United States and China or supply components and raw materials to their manufacturers.
The increases already in place have disrupted trade in goods from soybeans to medical equipment and sent shockwaves through other Asian economies that supply Chinese factories.
Forecasters have warned that the U.S. tariff hikes could disrupt a Chinese recovery that had appeared to be gaining traction. Growth in the world’s second-largest economy held steady at 6.4% over a year earlier in January-March, supported by higher government spending and bank lending.
The tensions “raise fresh doubts about this recovery path,” Morgan Stanley economists Robin Xing, Jenny Zheng and Zhipeng Cai said in a report.
The latest U.S. charges could knock 0.5 percentage points off annual Chinese economic growth and that loss could widen to 1 percentage point if both sides extend penalties to all of each other’s exports, economists say. That would pull annual growth below 6%, raising the risk of politically dangerous job losses.
The latest talks ended with no word of progress on Friday. Chinese officials said they hoped that the U.S. side would meet them halfway, describing the standoff as just a “setback.”
Trump might meet his Chinese counterpart, Xi Jinping, during next month’s meeting of the Group of 20 major economies in Osaka, said Kudlow, his economic adviser.
Chinese officials have invited the top U.S. envoys – Trade Representative Robert Lighthizer and Treasury Secretary Steven Mnuchin -to Beijing, Kudlow said on Fox News. But he said there were no “definite plans.”
China’s state media has sought to reassure businesses and consumers that the ruling Communist Party has the resources and policy tools to respond to the dispute with Washington.
“There is nothing to be afraid of,” said the party newspaper People’s Daily. “The U.S.-instigated trade war against China is just a hurdle in China’s development process. It is no big deal.”
Trump started raising tariffs last July over complaints China steals or pressures companies to hand over technology.
Washington wants Beijing to roll back government support for Chinese companies striving to become global leaders in robotics and other technology. The U.S. and other trading partners say such efforts violate Beijing’s free-trade commitments.
A stumbling block has been U.S. insistence on an enforcement mechanism with penalties to ensure Beijing carries out its commitments. Economists say Chinese leaders probably reject that as a violation of Chinese sovereignty.
The abruptness of Trump’s announcement on May 5, just days before the last round of talks, about raising tariffs to 25% made companies see doing business in China as more uncertain, said Jake Parker, vice president of the U.S.-China Business Council, an industry group.
No matter what Washington and Beijing decide, “there is an enormous risk in the background that tariffs could come back into play at any moment,” he said.
CLAY COUNTY — Law enforcement authorities are investigating a suspect on charges in connection with an outstanding warrant.
On Sunday afternoon, a deputy stopped a car for a traffic violation and the driver ended up taking off. They surrendered after a short chase ending in mom’s driveway.
Deputies arrested the suspect and according to the Clay County Sheriff’s Department social media page, “Sorry Mom, #Mother’sDayFail
Once the patchy fog dissipates later this morning, prepare yourself for an absolutely beautiful Spring day! A chance of isolated thunderstorms return Tuesday evening with decreasing clouds on Wednesday. By Thursday, it will feel more like June than May, as highs reach the mid 80s for many locations. Here’s the 7-day forecast from the National Weather Service:
Today: Mostly sunny, with a high near 69. Light and variable wind becoming south southeast around 6 mph in the morning.
Tonight: Mostly clear, with a low around 51. Southeast wind around 7 mph.
Tuesday: Mostly sunny, with a high near 78. South southeast wind 7 to 13 mph.
Tuesday Night: A slight chance of showers and thunderstorms before 1 a.m. Partly cloudy, with a low around 58. South wind 5 to 7 mph becoming calm after midnight. Chance of precipitation is 20%.
Wednesday: Mostly sunny, with a high near 81. Light and variable wind becoming north northeast around 5 mph in the morning.
Wednesday Night: A slight chance of showers and thunderstorms before 1 a.m. Partly cloudy, with a low around 63. Chance of precipitation is 20%.
Thursday: Sunny, with a high near 86.
Thursday Night: Mostly clear, with a low around 66.
Friday: Mostly sunny, with a high near 84.
Friday Night: Mostly cloudy, with a low around 68.
Saturday: A chance of showers and thunderstorms. Mostly cloudy, with a high near 81. Chance of precipitation is 40%.
Saturday Night: A chance of showers and thunderstorms. Mostly cloudy, with a low around 60. Chance of precipitation is 50%.
LOS ANGELES (AP) — Doris Day, the honey-voiced singer and actress whose film dramas, musicals and innocent sex comedies made her a top star in the 1950s and ’60s and among the most popular screen actresses in history, has died. She was 97.
Courtesy Doris Day Foundation
The Doris Day Animal Foundation confirmed Day died early Monday at her Carmel Valley, California, home. The foundation said she was surrounded by close friends.
“Day had been in excellent physical health for her age, until recently contracting a serious case of pneumonia, resulting in her death,” the foundation said in an emailed statement.
With her lilting contralto, wholesome blonde beauty and glowing smile, she was a top box office draw and recording artist known for such films as “Pillow Talk” and “That Touch of Mink” and for such songs as “Whatever Will Be, Will Be (Que Sera, Sera)” from the Alfred Hitchcock film “The Man Who Knew Too Much.”
But over time, she became more than a name above the title: Right down to her cheerful, alliterative stage name, she stood for a time of innocence and G-rated love, a parallel world to her contemporary Marilyn Monroe. The running joke, attributed to both Groucho Marx and actor-composer Oscar Levant, was that they had known Day “before she was a virgin.”
Day herself was no Doris Day, by choice and by hard luck.
In “Pillow Talk,” released in 1959 and her first of three films with Rock Hudson, she proudly caught up with what she called “the contemporary in me.” Her 1976 tell-all book, “Doris Day: Her Own Story,” chronicled her money troubles and three failed marriages, contrasting with the happy publicity of her Hollywood career.
“I have the unfortunate reputation of being Miss Goody Two-Shoes, America’s Virgin, and all that, so I’m afraid it’s going to shock some people for me to say this, but I staunchly believe no two people should get married until they have lived together,” she wrote.
She never won an Academy Award, but Day was given a Presidential Medal of Freedom in 2004, as George W. Bush declared it “a good day for America when Doris Marianne von Kappelhoff of Evanston, Ohio decided to become an entertainer.”
In recent years, she spent much of her time advocating for animal rights. Although mostly retired from show business since the 1980s, she still had enough of a following that a 2011 collection of previously unreleased songs, “My Heart,” hit the top 10 in the United Kingdom. The same year, she received a lifetime achievement honor from the Los Angeles Film Critics Association. Friends and supporters lobbied for years to get her an honorary Oscar.
Born to a music teacher and a housewife, she had dreamed of a dance career, but at age 12, she suffered a crippling accident: a car she was in was hit by a train and her leg was badly broken. Listening to the radio while recuperating, she began singing along with Ella Fitzgerald, “trying to catch the subtle ways she shaded her voice, the casual yet clean way she sang the words.”
Day began singing in a Cincinnati radio station, then a local nightclub, then in New York. A bandleader changed her name to Day, after the song “Day after Day,” to fit it on a marquee.
A marriage at 17 to trombonist Al Jorden ended when, she said, he beat her when she was eight months pregnant. She gave birth to her son, Terry, in early 1942. Her second marriage also was short-lived. She returned to Les Brown’s band after the first marriage broke up.
Her Hollywood career began after she sang at a Hollywood party in 1947. After early stardom as a band singer and a stint at Warner Bros., Day won the best notices of her career with “Love Me or Leave Me,” the story of songstress Ruth Etting and her gangster husband-manager. She initially balked at it, but the 1955 film became a box-office and critical success.
She followed with another impressive film, Hitchcock’s “The Man Who Knew Too Much,” starring her and James Stewart as an innocent couple ensnared in an international assassination plot. She sings “Que Sera, Sera” just as the story reaches its climax and viewers are beside themselves with suspense. The 1958 comedy “Teacher’s Pet” paired her with an aging Clark Gable as an idealistic college journalism teacher and her student, an old-school newspaper editor.
But she found her greatest success in slick, stylish sex comedies, beginning with her Oscar-nominated role in “Pillow Talk.” She and Hudson were two New Yorkers who shared a telephone party line and initially hated each other.
She followed with “The Thrill of It All,” playing a housewife who gains fame as a TV pitchwoman to the chagrin of obstetrician husband James Garner. The nation’s theater owners voted her the top moneymaking star in 1960, 1962, 1963 and 1964.
Her first musical hit was the 1945 smash, “Sentimental Journey,” when she was barely in her 20s. Among the other songs she made famous were “Everybody Loves a Lover,” ”Secret Love,” and “It’s Magic,” a song from “Romance on the High Seas,” her first film.
Critic Gary Giddins called her “the coolest and sexiest female singer of slow-ballads in movie history.”
“Romance on the High Seas” had been designed for Judy Garland, then Betty Hutton. Both bowed out, and Day, recommended by songwriters Sammy Cahn and Jule Styne, won the role. Warner Bros. cashed in on its new star with a series of musicals, including “My Dream Is Yours,” ”Tea for Two” and “Lullaby of Broadway.” Her dramas included “Young Man with a Horn,” with Kirk Douglas and Lauren Bacall, and “Storm Warning,” with Ronald Reagan and Ginger Rogers.
Her last film was “With Six You Get Eggroll,” a 1968 comedy about a widow and a widower and the problems they have when blending their families.
With movies trending for more explicit sex, she turned to television to recoup her finances. “The Doris Day Show” was a moderate success in its 1966-1973 run on CBS.
Disillusionment grew in the 1960s when she discovered that failed investments by her third husband, Martin Melcher, left her deeply in debt. She eventually won a multimillion-dollar judgment against their lawyer.
She had married Melcher, who worked in her agent’s office, in 1951. He became her manager, and her son took his name. In most of the films following “Pillow Talk,” Melcher was listed as co-producer. Melcher died in 1969.
In her autobiography, Day recalled her son, Terry Melcher, telling her the $20 million she had earned had vanished and she owed around $450,000, mostly for taxes.
In 1974, Day won a $22.8 million judgment against Jerome B. Rosenthal, her lawyer and business manager, for mishandling of her and Melcher’s assets.
Terry Melcher, who died in 2004, became a songwriter and record producer, working with such stars as the Beach Boys. But he was also famous for an aspiring musician he turned down, Charles Manson. When Manson and his followers embarked on their murderous rampage in 1969, they headed for the house once owned by Melcher and instead came upon actress Sharon Tate and some visitors, all of whom were killed.
Day married a fourth time at age 52, to businessman Barry Comden in 1976. She lived in Monterey, California, devoting much of her time to the Doris Day Animal Foundation.
Washington, DC—The names of 371 U.S. law enforcement officers including four from Kansas and four from Missouri who have died in the line of duty will be formally dedicated on the walls of the National Law Enforcement Officers Memorial during the 31st Annual Candlelight Vigil held on the National Mall in Washington, DC, at 8:00 pm on Monday, according to a media release from the National Law Enforcement Officer’s Memorial
U.S. Attorney General William Barr will deliver special remarks and lead in reading the names of the fallen officers.
The names of Clinton, Missouri Police officer Christopher Ryan Morton, Greene County Deputy Aaron Paul Roberts, Miller County Deputy Casey Shoemate, and Missouri Department of Liquor Control officer Thomas Jefferson Greer, Sedgwick County Deputy Robert Kunze, Wyandotte County Deputies Patrick Rhorer and Theresa King and Jefferson County Undersheriff George Burnau and 363 other officers added to the Memorial this year include 158 who made the ultimate sacrifice in 2018, in addition to 213 officers who died earlier in history but whose sacrifice had not been previously documented.
With these additions, there are 21,910 officers’ names engraved on the Memorial, representing all 50 states, the District of Columbia, U.S. territories, federal law enforcement, and military police agencies.
Clinton Police Officer Christopher Ryan Morton.
Officer Christopher Morton was shot and killed when he and two other officers responded to an unknown situation as the result of a 911 call.
Greene County sheriff’s deputy Aaron Robers drowned in September 2018 when his patrol car was washed off the roadway by rushing water during a storm.
In April of 2018, Miller County Deputy Casey Shoemate died in a crash responding to a 911 call. Missouri Liquor Control agent Thomas Jefferson Greer died from a heart attack while assisting a Missouri State Highway Patrol officer responding to a call in 1971.
A convicted felon on a crime spree shot and killed Deputy Kunze in September 2018. Deputy Sheriff Theresa King and Deputy Sheriff Patrick Rohrer were shot and killed as they transported a prisoner to court in Wyandotte in June of 2018. In March of 2019, Undersheriff George Burnau suffered a fatal heart attack while involved in a foot pursuit of a mental subject
Each May 13, an estimated 30,000 people assemble for the Candlelight Vigil, a signature event of National Police Week. For the 11th year, the ceremony will be streamed live over the Internet so that everyone can witness this annual tribute to America’s law enforcement officers. Individuals interested in the free webcast can register online at www.nleomf.org/vigil.
“The annual Candlelight Vigil allows us to honor the officers who sacrificed their lives for the protection of ours,” said Lori Sharpe Day, Interim Chief Executive Officer of the National Law Enforcement Officers Memorial Fund. “By attending the ceremony in person or by viewing it online, we are able to show support for the families of these brave men and women who serve.”