The autopsy has been completed with results pending. 12. 6. JavaScript is disabled.

Part of the Daily Mail, The Mail on Sunday & Metro Media Group, The final goodbye: Ivana Trump's remains are transported to ex-husband Donald's Bedminster golf club after emotional funeral which saw children Eric, Ivanka and Don Jr. remember their 'trailblazing' mom, Now THAT'S a foul! Monday morning, officers with the Department of Natural Resources found a body matching Easton's description about 25 feet deep in the water. Indiana Conservation Officers are investigating an incident that occurred Monday evening where a swimmer went missing in the water at White Rock Park. The autopsy report showed decedent's blood alcohol level to be 0.04 at the time of his death.

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7. His identification is being withheld at this time.

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If you don't, accidents like this can happen,' Narrod said. The proof showed that the high cliffs are commonly used by the public for viewing the scenery but also, from time to time they are used by those engaged in the sport of rappelling (i.e., letting oneself down the sheer face of a high cliff with the aid of ropes and other mountain climbing equipment). Upgrade your sterile medical or pharmaceutical storerooms with the highest standard medical-grade chrome wire shelving units on the market. There is only one entrance/exit road to and from White Rock and along this road is a warning sign which should serve to alert entrants that there are high cliffs in the area. According to the Star, the autopsy revealed no signs of trauma. 1346(b).

"It's just really a reminder that you've got to be safe, you've got to follow the rules," Narrod said. At approximately 6:03 p.m., authorities were contacted in reference to a male swimmer reported missing in the water for at least 5 minutes. "It's heartbreaking," camper Lori Walston said. The plaintiff in this case is Paul James Roten, Jr., who is decedent's father and the duly appointed special administrator of decedent's estate with proper authority to bring this action in connection with decedent's death. However, even in the face of such knowledge, the court is not convinced that defendant should reasonably have been expected to erect more warning signs and/or guarding devices as a result of such deaths or that doing so would necessarily have prevented decedent's death. Of course, anytime I've been diving there, the vis sucked, and I'm certain that played a part. Accordingly, defendant's motion for summary judgment dismissing plaintiff's claim was denied and the matter set for trial on the section 307(1) exception issue as well as damages, if appropriate. In its ruling on the Order for partial summary judgment, the court determined that the White Rock day-use area, which is the relevant area for purposes of this discussion, was available for the public's use without charge for recreational purposes and, therefore, by permitting citizens such as decedent to come into and enjoy White Rock, the defendant did not: *792 (a) thereby extend any assurance that White Rock was safe for any purpose; (b) confer upon persons such as decedent the legal status of an invitee or licensee to whom a duty of care is owed; (c) assume responsibility for or incur liability for any injury to decedent caused by his own act or omission; and. It was and is obvious to all including decedent that it was not and is not feasible and safe to be near the edge of the high cliffs after dark, since one can then see nothing of the cliffs so as to visually enjoy them, nor can one then see to safely avoid the obvious dangers posed by the cliffs themselves. These superfood dog treats deliver protein through crickets and spirulina - and Amazon shoppers rate them FIVE STAR for helping dogs' digestion, Save 20% on all Monica Vinader jewelry! UnPhiltered / The Court must therefore find, based upon the relevant facts and law, that plaintiff has failed to prove that defendant maliciously failed to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous, as required by the Arkansas Recreational Use Statute. Even the rock wall built in the 1930s next to one of the pavilions was apparently not constructed to prevent falls or resulting injuries. That quarry is only about 20-25 feet in the deepest areas, so it makes me wonder what took the divers so long to locate the body. Moreover, if such a wall were to be constructed around all of the cliffs' edges, the same would be, in the court's opinion, an attractive and dangerous invitation for visitors to stand or walk along the top of it and thereby risk a possible fall resulting in either injury or death. It is the Court's opinion that since the purpose of the Arkansas Recreational Use Statute is to encourage landowners (including the United States, pursuant to Mandel) to make areas available to the public for recreational purposes and thus limit their liability, it is reasonable to conclude that a condition or structure which is natural, as are the high cliffs in this case, should not be considered ultra-hazardous within the meaning of the 307(1) exception to the said statute. The proof in this case does not show the functional equivalent of a hidden, dangerous "submerged rock" with respect to the cliffs as was found with respect to the Mud Cave swimming hole. Decedent's companions acknowledge that each of the four consumed various quantities of the alcoholic beverages they had brought with them, but all denied any were intoxicated. At one point, Ms. Sterling commented to Mr. Binford within earshot of decedent that he should be careful about getting too close to the edges of the sheer cliffs. The high cliffs are among the main distinctive features of White Rock which make it a desirable recreation area for the public's use. The defendant, United States, owns the Ozark National Forest which includes the White Rock Mountain Recreation Area (White Rock) in northern Franklin County, Arkansas. Plaintiff broke his neck when diving into the Mud Cave swimming hole and striking his head on the submerged rock. In the case at bar, there is no proof (a) that the defendant knew or had any reason to know of any latent danger associated with the high cliffs at White Rock which would be the functional equivalent of the "submerged rock" in Mandel; (b) that the defendant recommended that decedent and his companions build a campfire and camp out on the top of the high cliff; or (c) that the defendant knew or had any reason to know that decedent and his companions would be on the top of the cliffs after dark, walking about without any light and after having consumed alcohol. Bereaved mother pens moving open letter on behalf of her son Student drowns after he 'fell or jumped overboard' while Boss surprises workforce with pool party and BBQ in heatwave, Liz Truss leaves home ahead of final MP's leadership vote, 'We smashed it!' By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. Plaintiff had asked a park ranger about a good swimming hole on the river and was told that Mud Cave was "where everybody goes and that is where we recommend for you to go". The 20-year-old Indianapolis man was visiting the park with friends on Sunday when he disappeared. They are not concealed but, rather, their impressive ruggedness and imposing heights can easily be seen by any visitor during daylight hours. 3. "It's just a real tragedy to start off the summer like this," he said. Accordingly, the fact that defendant has not so placed such warning signs does not, in the court's view, amount even to negligence and certainly does not amount to a malicious omission on the part of defendant. Authorities say a Cincinnati man died after jumping 30 feet into an old rock quarry at a private park in central Indiana on Thursday. St. Paul - A Cincinnati, Ohio man is dead after an accident at a private lake park on the Decatur/Shelby County line. My sister just emailed this to me.

The proof showed that, at one point along the cliff area, there exists a stone wall which appears to be some 24 inches to 36 inches in height and some 18 inches to 24 inches in width.

An autopsy on Friday showed that Hester drowned. 16 U.S.C. All rights reserved. A Free photo gallery to share your dive photos with the world. David N. Blackorby, Asst. The unfortunate facts that these three deaths occurred in the cliffs area over the previous twenty years prior to decedent's fall do not, standing alone, tend to clearly establish any particular relevant fact with respect to the circumstances of decedent's death.

United States District Court, W.D. In the court's view, such just is not the case. 1 hour ago, Local /

There was no proof as to the feasibility of erecting fences along the cliffs or any suggestion as to how fences would be compatible with aesthetic concerns. 18. In the court's opinion, the reasoning set forth in the foregoing *791 findings still has application so as to support the court's conclusion that defendant's failure to react to the previous deaths by installing more warning signs and/or guarding devices at White Rock did not amount to malicious or even negligent conduct. The park does not have life guards, Narrod said, but employees walk the area with whistles, monitoring activities and enforcing posted park rules. In Mandel, the park service knew there could be submerged rocks in the river and that their hidden presence could pose serious and latent danger to one diving or swimming in the river. (d) assume responsibility for or incur liability for injury to decedent caused by any natural or artificial condition, structure or personal property within or on White Rock. Copyright 2022 Circle City Broadcasting I, LLC. 11. Give Light and the People Will Find Their Own Way, Indianapolis, IN Interactive Weather Radar, Indianapolis Colts News, Scores & Schedules | WRTV Indiana. Web Development by World Wide Web Worx, RCCF accepting applications for 2023 Lilly Scholarship, Person flown to hospital from ATV wreck near Versailles, New health center in Vevay to provide care to students, community, Indiana lawmakers take wraps off proposed abortion bill, State EV infrastructure deployment plan available for review, public comment, Next weeks Batesville Redevelopment Commission meeting canceled, Hillenbrand exploring strategy for Batesville; intends to buy French company, Middleton resigns, Unsicker appointed interim JCD superintendent, UPDATE: Body recovered from Ohio River in Lawrenceburg. Anyone with information should contact the Shelby County Sheriffs Department at317-398-6661. Joining has its benefits and enables you to participate in the discussions. Boris signs off his tenure at dispatch box, Autopsy shows Cincinnati man drowned at White Rock Park. The proof presented at the trial does not establish that defendant maliciously, as opposed to merely negligently, failed to guard or warn the public in general and the decedent in particular against an ultra-hazardous condition, structure, personal property, use, or activity actually known by the defendant to be dangerous. The 103.9 Days of Summer Giveaways are BACK! While it might properly be supposed that the placement of additional guard walls, guard fences or other barriers along the cliffs' edges would have prevented decedent's death on the theory that their presence might have (a) made it less likely decedent would have slipped, or (b) made it less likely decedent would have fallen off the cliff if he had so slipped, there is no intimation in the proof that the presence of guarding devices would have made it less likely that one fearful of heights who had been drinking would be wandering around the naturally rugged terrain in darkness without the aid of any light. Counsel for defendant advised the Court at the conclusion of trial that the only cases he could find dealing with ultra-hazardous conditions involved man-made structures or conditions, and that he was unable to find any case referring to a natural condition as ultra-hazardous.

*788 Other than the warning sign posted along the side of the sole access road to the area by which one must pass in order to get to the cliff area, there are no warning signs concerning the danger represented by the high cliffs which are an integral part of the scenic attractiveness of the White Rock area. Plaintiff has cited no case holding to the contrary and the court has likewise found none.