xt76t14tmq6w https://exploreuk.uky.edu/dips/xt76t14tmq6w/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 1998-11-30 Earlier Titles: Idea of University of Kentucky, The State College Cadet newspapers  English   Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel  The Kentucky Kernel, November 30, 1998 text The Kentucky Kernel, November 30, 1998 1998 1998-11-30 2020 true xt76t14tmq6w section xt76t14tmq6w l

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Spring this '1":- I

. -' ~. SoCal punk 3
.- -.. J Random rockers give it a,
1 information best ShOt 0n '-

newest album, ’ '1 ' -.

Body's °i Americana I 6


’ Augustus Ceaser had
. achluophobia - the


fear of sitting in the c





Arnold Schonberg
suffered from
then tear of the
number 13. He died 13
minutes from

.. . Athletes caught with drugs near nightclub

. . mm Liening, Jones arrested on drug possession charges last Eé‘él‘ié‘fiifigihuii'i‘i hiéecfiiifii‘iflié‘io’fifi‘l
_- ‘ week at adult entertainment club; case pending in court

degree manslaughter and one count of
Queen Elizabeth the First

drunken driving.
- - ‘ ' had anthophobia-

Neely said he did not know what ac-
, th f ' Under the new policy, athletes convict- tion football head coach Hal Mumme
,u .. s e earo ”595- “up“; EDITOR ed of drunken driving will be kicked off would take on the case involving Liening.
,. ' . _ their teams and lose their scholarships. but that he would be meeting with the
Malcom Lowry had On the same day UK announced its new But Athletics Department spokesman

coach today.
alcohol policy for student‘athletes last week. Tony Neely said the new rules probably Neither Liening nor Jones could be

about five grams of marijuana. Court
records show Liening turned over another
three grams.

The two were released from the
Fayette (‘ounty Detention (‘enter after
posting 10 percent of a 31 .mo bond. Liening
pleaded guilty to the charges and paid a
$175 fine. Jones is scheduled for a hearing
on Jan. 28.

In August. Mumme dismissed Jones.

By James Ritchie

pnigophobia - the

‘ .. ‘ _ .. tear 0' choking 0" a UK football player and his former team- won't affect this case. reached for comment last night. who is originally from Crawford. (1a.. from
"5“ “"95- mate were arrested on drug-related charges. “The new policy applies to alcohol situ- Police approached Jones' car behind the team after Jones was charged with reck-
y . Senior offensive tackle Jonas Liening. ations. and this is not one of them." he said. Camelot East about 11:30 pm. and noticed less driving. resisting arrest. fleeing from
Lee Harvey Oswald was 23. and former defensive end Robert Mar- The new policy came in response to a the odor of marijuana. court records said. police and operating on a suspended liv
' dysleXIc. cus Jones. 23. were arrested Tuesday be fatal accident on Nov. 15 in Pulaski Coun- As police checked the men‘s identification. cense.
hind Camelot East, an adult—entertainment ty involving football player Jason Watts. they saw Jones move his right hand to- The case is pending in l’avette Circuit
Beaver Cleaver Club at 2606 Richmond Road. Court records Two passengers. Artie Steinmetz. 19. a ward the car‘s console area. They had the (‘ourt ‘

graduated in 953' transfer from Michigan State University.

and Scott Brock. 21. an Eastern Kentucky

men step out of the car. then searched it.
Officers recovered a plastic bag containing

show the two pleaded guilty to the charges

last Wednesday in Fayette District Court. The Associated Press contributed to this article.

Beaver's phone number
is KL5-4763



Bill Gates' first business
was Traff—O-Data. a
company that
created machines
which recorded the
number of cars
passing a given point
on a road.





strike to

National association says
it will back possible strike 4-
at University of California

There have been about a
quarter of a million
Elvis sightings since
his death.


When Einstein was
inducted as an
American, he
attended the
ceremony without


Sumerians (from 5000
BC.) thought that
the liver made blood
and the heart was
the center of

By Kelly Hildebrandt

umucsou DAILV ‘ _

MINNEAPOLIS During its an-
nual conference this weekend. the
National Assoc1ation of Graduate
Professional Students decided to sup
port the possibility of a strike at the
I'niversity of California for union

About graduate student
ill‘itllpS gathered in Rraintree. .\Iass..
this weekend to discuss important
graduate school-related issues includ-
ing unionization.

At the l'niversity of Minnesota.
the Graduate Students Organizing
(‘ongress is holding a card signing
drive to obtain a union election. They
need signatures from 11.") percent of
the graduate assistants all gradu-
ate students holding research and
teaching assistantships.

Five university graduate stu-
dents attended the conference repre
senting the Council of (iraduate Stu-
dents and the Graduate and Profes-

Oueen Elizabeth was
good friends with
William Shakespeare.

in honor of Johan
Vaaler, inventor of
the paper clip, a
221/2 foot paper clip
was erected in Oslo,



Mozart wrote the nusery
rhyme ‘twinkle.
twinkle. little star' at
the age of five.





- l

Elvis was once appointed
Special Agent of the
Bureau of Narcotics
and Dangerous Drugs.

Adela Hernandez, a social worlt major at UK, helped someone with translation last week. She said she takes numerous phone calls every day at her home
and the office from people who need her help. "Adela does everything." said Ben Figueras, president of the Lexington Hispanic Association.
original Ronald sional Student Assembly Both of the

S k . t
Mcdonald p g organizations have remained neutral

_. ‘ ‘ with regards to unionization.

Weatherman Willard
Scott was the first


Napoleon constructed "1 think that it is a very promis-
ing development." said Andrew Selig-
sonn. a member of the Graduate Stu-
dents ()rgani/ing (‘ongress steering

Seligsohn. who attended the con-
ference representing (iradell‘. said
the group will try to inform graduate
students about the national associa-
tion‘s decision and hope it will help
show that there is no conflict between
union organizations and graduate and
professional organizations.

Although the national associa
tion hasn‘t sided on the issue of
unionization. their platform calls for
representation by any organization

his battle plans in a

Virgina Woolf wrote all
her books standing.

The airplane Buddy Holly
died in was named
the American Pie.

Picasso's full name was
Pablo Diego Jose
Francisco de Paula
Juan Nepomuceno
Maria de los
Remedios Cipriano de

Social work senior shows she's more than just
a student with Lexington's Hispanic community

By Regina Prater


Her words may come out in
English or Spanish when she
speaks. but no matter what the
language. the message is al-
ways the same.

Adela Hernandez. a social
work senior. cares about the
community she is involved

ford Circle. in addition to tak-
ing 12 credit hours of courses.
Hernandez said she takes
phone calls day and night at the
association and her home from
people who need her help.
“When someone gets their
eye poked out with a tobacco
stalk. most of the time they
don‘t have transportation to the
hospital." Hernandez said.
"And when they do arrive. they


problem the Hispanic popula-
iliin faces is the language barri-
er. Service agencies in Fayette
(ounty do not have bilingual

Spanish-speaking indiy idu-
als often cannot communicate
with their English-speaking
employers. landlords. health
care providers and school ad

Hispanic .-\ssociation Presi-
dent Ben Figueras said Hernan
dez has worked at the associa-
tion since its inception in April

"Adela does everything. She

The Hispanic Association
is comprised of eight to in vol
unteers who address the many
needs of the rapidly growing
population of HlSlllllllC~ in
Fayette County. The associi-
tion operates strictly on a vol
unteer basis and has no funding
at this time.

Hernandez routinely tray»
els to other communities. giv-
ing speeches on how to deal
with the growing Hispanic pop-
ulation. She has spoken to resi
dents of To Kentucky counties

"1 recommend that they
send Ily» rs in Spanish and to

la Santisima Trinidad She spends 25 to 40 hours a can't explain their needs to the handles our crisis center. she is hold meetings to teach ESI. graduate students choosc
Ruiz Picasso. week volunteering for the His- doctors and nurses." also a translator. baby sitter and "i‘m my gu111)y~1_\0(]"' said former
panic Association. at 2127 ()x- Hernandez said the greatest mediator." Figuct‘éis said- See ADELA on 2 ~‘ (‘yAI’SA president .ll’. .\laier about
'39" mm the decision. Maicr. who attended the
m ______., WW ' WWW' 'W W W WWW ,_.. ,, """" conference. added that the National
0 0 .>\ssociation of (lraduate-I’rofessional
Wesle foundation sets u first drlve

weather dress important issues.

7.9 4.?


By Cassandra Harvey
Wampum. wants

'Tis the season for giving.
and that‘s just what's going on
in several areas of campus now

will be delivered to the YWCA
Women‘s (‘risis Shelter. where
they will be distributed. along
with wrapping paper. to moth
ers iii the shelter. Project officer
Mickey Jordan said there are 30

the UK Wesley Foundation. lo-
cated on Columbia Avenue.
The Golden Key National
Honor Society is sponsoring a
clothing drive. Donation boxes
have been set up in all rest

she never wore and figured
many of the other women did.

Residence adviser Joseph
(‘hang said Keeneland Hall is
also having a clothing drive

As of now. 18 university campus-
es have bargaining units for graduate
assistants. The I'niversity of (‘alilor
nia system is striving for representa-
tion. which would increase the num
her to 26.

At the l'niversity. the drive for a
union is nearing the end. (lradSOC

Partly cloudy tomor- through December. kids to support. dence halls on campus and will through Dec 10 a box has been .
row. but lotsof sun Food. clothing and toy dri “The purpose of having the remain there until Dec. 4. in ad- set up iii the lobby and donated has Signatures from 40_percent 0f the
Wednesday and Thursday. ves have been set up by resi- tnothers do their own wrapping dition. some residence halls are items will go to local charities. graduate assistants 0 percent more
———————— dence halls and campus organi- is so they will feel more like they sponsoring their own drives. Another clothing drive is than they need for an 910C119" and
Kentucky zations to help less fortunate in- have a part in giving the gifts to Blazer Hall is having a going on at Kirwan 111 until Dec. W111 probably submit the Signatures
Kernel dividuals and families this holi- their children." Jordan said. clothing drive until Dec. 3. So 18 in order to benefit a local ‘0 the State Of Minnesota Bureau Of
day season. - Donation boxes on campus far. one box has been filled with homeless society A competition Mediailim N‘i‘VH‘t‘S by January. Said
VOL ”‘0‘ '55”: .66 The UK Wesley Foundation can be found at William T. approximately $100 worth of has been set up between the res- Britt Abel. a mt‘mhi‘l‘ 0i iht‘ Sit‘t‘l'mg
*————— is sponsoring the 12 Days of Young Library. the Student clothing. and the second box is idents. Residence adviser Jena committee. _ .
ESTABLISHED "i 1392 Hope Project for the first time. Government Association office. half full. residence adviser .len- nifer Moore said she is involved The bureau “"11 Fit”? the“ the Slg‘
iNDEPENDENT SINCE i9" Donation boxes for toys will be Taylor Education Building. the nifer Lax said. Donated items with this drive in order to fulfill "iiiUI‘EfS i0 (‘USKIFP t‘lli-Ilhliiiy and deter-
______..__ set up at 12 locations on campus Centenary Church. Christ Unit- will go to the Good Will. Lax mm". if there is enough supmrt for 3’]
News tips? and throughout the city from ed Methodist Church and other said she liked this idea because A WY 3 3')" "mm“?- T0 Wm an election. CradS()(
Cali: 2574915 or write: Dec. 1 through Dec. 12. The toys campus ministries including she had a great deal of clothing 5" CN R °" ’ “MS .10 IK‘i‘i‘t‘m fifth“ mi? NUS 0110
lternelOpopultyedu -




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GOP wants Clinton to admit he lied

WASHINGTON ~ President Clinton must
state clearly that he lied in the Monica Lewinsky
affair before the House Judiciary Committee can
consider any alternative to impeachment. Repub-
lican members said yesterday.

But one Republican who has come out
against impeachment. Rep. Peter King of New
York. predicted that a vote to impeach would fall
short in the House and pursuing that course
could perpetuate the image that Republicans put
the scandal ahead of the nation‘s legislative

The move to censure was complicated last
week by GOP dissatisfaction with what they said
were Clinton‘s evasive answers to 81 questions
on the affair presented to him by the committee.

Arafat hopes for Palestinian state

WASHINGTON Yasser Arafat said yester-
You don’t day he hopes 1999 will be “the year of the inde-
t t pendent Palestinian state" and urged President
wan _ 0 Clinton to help him support peace in the Middle
look hke East. Clonsitant IliiSiattentiontihs crucial. the P319511
tinian eat ei' sait . ecause “ ere are enemies o
you have peace in more than one place."
buns of h Arafat is scheduled tlohmeet CllintonI at the
W ite House tomorrow. e presit ent p ans in
Steel' SCI two weeks to visit Israel. the West Bank and the
get to eat Gaza Strip
a few . _ . .
more Britain, Chile deny Pinochet deal
Cheese- LONDON Britain and Chile denied yes-
burgers 9: tei‘day that they are negotiating a deal to allow
' Gen. Augusto Pinochet to return home in e.\'~
change for a pledge that the former dictator
“In-It‘s. would be tried in Chile on charges of genocide
actor,onhav- and torture. A spokesman for British Home
mtg gain Secretary Jack Straw. who has until Dec. 11 to
“59mm”; decide whether to block proceedings to extra-
role in his cur- dite Pinochet to Spain. insisted that the secre
rent mm pro- tary‘s decision would be based on the law. not
ject. The Green politics.

Russian leader: Yeltsin era is over

MOSCOW Grigory ‘i'avlinsky. a promi-
nent liberal leader. said yesterday that the era of
President Boris Yeltsin's leadership "ended a
long time ago" and predicted that Russia would
hold presidential elections “very soon."

Yeltsin. 67. has been hospitalized since Nov.
‘12 with the latest in a series of ailments that have
raised concerns about his ability to serve out his
term. which ends in 2000. Yeltsin will stay in the
hospital for at least several more days while he
recuperates from pneumonia. his spokesman
said yesterday.



the big screen.
In his latest
NM. The
Green Mlle, he
puts on a tow
pounds to play
a prison guard
In I935.


According to
Kellie Martin
got a blank
stare when she
told her dean at
Yale that she
was leaving
school because
of “E.lt."
working in the
E.lt.?'" he
asked Martin,
the new star of
the hit show. “I
said, 'lIo, I'm
doing the TV
show E.It.' And
he gave me a
blank stare."

Hospitals can't deny treatment

WASHINGTON — The US. government
will begin applying a federal “ patient dump
ing" prohibition to keep hospitals from de-
laying or denying emergency room care just
because a patient's health insurance plan
requires permission.

A 1986 law bars hospital emergency
rooms from refusing to examine and sta-
bilize patients who can‘t pay. The same
rule will be used for immediate care. The
Law carries fines up to $50,000 per inci-


Congo rebels want direct talks

KABALO, Congo ,_ No cease-fire will be
possible in Congo until President Laurent
Kabila negotiates directly with rebels. the
insurgents‘ leader warned yesterday. vow-
ing to continue fighting. The presidents of
Rwanda. Uganda. Zimbabwe and Congo
agreed to a truce during a meeting in Paris

It is to be signed at Congolese peace
talks starting Dec. 9 in Lusaka. Zambia. So
far. Kabila has refused to negotiate directly
with the rebels. instead demanding that
Rwanda and Uganda first end their support
for the insurgents and leave Congo.

‘A Bug's Lite' No. I at box office

LOS ANGELES A Bug’s Life broke
box office records for Thanksgiving week
end and The Rugrats Marie remained
strong against tough competition. but
Babe: Pig in the €in got walloped. esti~
mates show.

A Bug's Life. brought in $46.5 million
over the Wednesday-throughSunday week—
end. Rugrats grossed $27.6 million for sec-
ond place. Babe took in just $8.5 million for
fifth place.

Mix-up attracts federal notice

HOLLYWOOD 7 Director John Bruno
inadvertently sent a shudder through some
US. Customs Agents recently.

The director had shipped a working
print of the movie Virus to Los Angeles. but
when the plane landed. there was no sign of
the film.

"When the Customs officers saw Virus
on the box. they suspected (hazardous mate-
rials) and called in the FDA (Food and Drug
Administration)" said Bud Smith. the
movie‘s co-producer and intended recipient
of the film.

According to Entertainment weekly. the
print surfaced in a quarantine location in
Memphis. Tenn. where the plane first
stopped. “From now on. well have to label
the boxes "The Movie Virus."

Compiled from wire reports.






Continued from page 1

(English as a Second Language)
classes.“ Hernandez said. "Peo-
ple will come out to the meetings
if the community makes an effort
to communicate with them.“

Figueras said Hernendez
arranged to have ESL Classes
taught twice a week at the His-
panic Association. Beginning. in-
termediate and advanced ESL
classes are offered free of charge.

The association also pro-
vides Spanish classes for a mini—
mal fee to anyone who would like
to learn the language.

Hernandez also tutors stu—
dents in Spanish at UK.

Dinah Anderson. an associ-
ate professor in the college of so-
cial work. said Hernandez is ex-
tremely well-connected in the
Hispanic community and re-
sponds quickly to all the transla-
tion needs of Lexington's resi-

“Adela will even meet with
students in her home." Anderson
said. “She is invested in giving
people enough of the language to
be able to communicate."

Anderson said Hernandez is
her personal heroine because she
is working with the language
and people she loves to make a
profound social difference in the

”(k ,



Jam nnnts |
Ktnntl srm



Hispanic Association board
member Fr. Jay Vanhandorf said
Hernandez is instrumental in
bringing about social change in
Fayette County.

“Adela has a temper. she
tells off agencies. she tries to tell
them to do things differently."
Vanhandorf said. “She is so
strong in her beliefs. she is al-
ways optimistic and never gets

Chester Grundy. director of
African-American Affairs.
worked with Hernandez when
she did a practicum in minority
affairs at UK.

Grundy said he is impressed
with Hernandez‘ seriousness as
a student and a person guided
by deeply felt humanistic val-

"Adela is someone who has
come to understand the true pur-
pose of education. which is to
prepare yourself to serve."
Grundy said.

Figueras said the main as-
pects that will make a differ-
ence in the Hispanic peoples'
lives are being able to relate.
connect and communicate with

“Everyone loves and trusts
Adela." Figueras said. “They
know if she cannot do it she will
find someone who will address
their needs."






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WHERE: King Alumni House at the corner of Rose Street and Euclid

WHEN: Tommorrow December I through Thursday December 3

TIMES: Tuesday and Wednesday, December I and 2, IO am. to 5 pm.
and on Thursday. December 3, 10 am. to 7 pm.


Seniors can have their portrait done by a professional portrait firm, Thornton's
Studio. They will be mailed a set of proofs from which they can choose the
photograph that will appear in the I998 Kentuckian yearbook. They also can
order a portrait package being offered.


UK‘s alumni association: offering information for graduates and door prizes
UK‘s Registrar will check a Senior’s record and make sure that it contains
“no stops"


A. Cost for pickup from buisness office (026 Grehan Journalism Bldg.) : $25;
B. If ordering by phone (606-257-2871) with credit card: $29 ($4 is mailing fee)





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UK chess club takes second

Students, faculty and staff finish runners-up
in statewide tournament held in Louisville

By Jessica Coy

UK's chess club check-mat-
ed its way to second place in the
Kentucky State team chess
championship last Saturday in

The team included not only
students, but also faculty and
staff members. Spanish gradu-
ate student Ben Benthrup and
civil engineering junior Paul
Kanis were joined by Larry
Bell, a technical support staff
member in the communications
department, and Jeremy Pop-
kin, a history professor.

Popkin, who serves as ad-
viser to the team, said he enjoys
being able to take part in the

“Being able to play with the

students is one of the nice
things about chess," he said. “I
couldn’t keep up if I were the
basketball adviser."

There are two or three
chess tournaments a month in
Kentucky, and Popkin said the
team tries to make it to most of
them. But he added that even
when the team can't make it to
a tournament, the members get
together to share strategies and
fine-tune their game.

Popkin has been working
with the chess club for more
than five five years and says
that lately he has seen a resur-
gence in interest for the game.

“I think the Internet has a
lot to do with the newfound in-
terest many people have in the
game,” Popkin said. “People
can get on the net now and play

with people from all over the

Popkin added that many
people have played games on
the net and then come to the
chess club meetings to learn
more about the game.

Kanis has been involved in
the chess club since he came to
UK; he said he plays just for fun.

“It started out with me just
sitting around with nothing to
do and I just started playing,"
he said.

He said he likes the combi-
nation of moves in the game
and the fact that there is no
chance involved.

“It is 100 percent skill," Ka-
nis said. “You have to force
your opponent to lose."

And although Kanis said he
doesn't play chess to pick up
women, he said it’s always nice
to find people who share his in-
terest in the game. He added
that the game has also helped
him think visually and logical-



Curbed tenure sparks debate

Almost but not quite: Latino Studies
professor's tenure possibilities end quickly

which stopped him from com-
pleting his five-year tenure
track contract. After a one-year
extension on his junior faculty
contract, Ramos will no longer
be teaching at the University.

Ramos was not the only one
to be disconcerted by this news.
Dianne Pinderhughes, director
of the Afro-American Studies
and Research program, has been
participating in the process of
junior faculty evaluations for
more than a decade. She was
surprised when she heard about
Ramos' case.

Pinderhughes said it is not
common for professors to be
terminated because of their
teaching abilities.

“Teaching is important, but
research plays heavier weight
in affecting faculty evaluation,
unless they want to use it
against you," Pinderhughes
said. “I have never heard of
somebody on this campus, at
least, being terminated because

By Hilton 1). Carrero

CHAMPAIGN, Ill. — Carlos
Ramos, assistant professor in
Leisure Studies and faculty
member in Latino Studies, did
not think he would be searching
for another job after completing
his third year at the university.

“By now I was supposed to
be putting my papers together to
present them at the time of my
tenure evaluation," Ramos said.

Ramos said his plans for
the future were clear until he
received a letter stating that his
tenure possibilities had ended.

The failure to retain Ramos
has raised questions about how
minority faculty are evaluated
and brought attention to the dif-
ficulties interdisciplinary pro-
grams like Latino Studies face
when trying to retain faculty.

Ramos said the letter he re-
ceived stated his teaching tech-
niques were not satisfactory,

their teaching was not good.”

Ramos believes the depart-
ment has not given enough at-
tention to the other aspects that
make up the process of his fac-
ulty evaluation.

Ramos said the depart-
ment’s judgement about his
teaching abilities is solely
based on the results of students’
evaluations. Ramos believes
that this criteria is not enough
to judge his teaching.

“My teaching evaluation
has not been augmented with
other sources of information
such as students that have
worked with the faculty, teacher
assistants, graduate students
and peer assessment," he said.

Colleagues have also react-
ed to the university’s decision
to let Ramos go.

Robert Moreno, assistant
professor of Human Develop-
ment and part of the Latino
Studies program, said the de-
partments should consider
more than just the students’
evaluations when determining
a professor‘s ability to teach —
especially when the administra-
tion is considering the release
of a minority professor.



ly, which has helped him to im-
prove his memory and concen-

Popkin agreed, saying that
playing chess is about more
than learning the moves.

“Chess is good mental
training. It teaches you self-re—
liance and problem solving
skills," he said.

Popkin said anyone can
play the game and that many
members of the club are still
learning the fundamentals of
the game.

Kanis said many people are
intimidated by the game and
may not think they are smart
enough to play.

“Anybody can play and the
more you play the better you
get," he said.

The UK Chess club meets
from 7 p.m.-9 p.m. Thursdays in
the Blazer Hall food court area.
All campus chess players are
welcome. Bring sets and boards
if possible.





Continued from page 1

an annual community service
requirement and because she
just wanted to do it.

Residents of Kirwan IV
are participating in two chari-
table projects — the Angel
Tree, led by residence advisers
Kate Rueve and Lena Menen-
dez, and A Storybook Christ-
mas, led by residence adviser
Shaneka Edwards. With the
Angel Tree, residents will do-
nate money to buy gifts for one
child chosen from the Angel
Tree at the mall.

With A Storybook Christ.
mas, money donated by resi-
dents will be mailed to the foun-
dation to provide books for dis-
advantaged children in Eastern
and Central Kentucky.

“It’s something different
and we will give them some-
thing that will last a lifetime,"
Edwards said.

Residents of Boyd Hall are
also participating in A Story-
book Christmas.

Blanding IV is holding a
“Turkey Trot“ food drive until
Dec. 2. Donated items will go
to God‘s Pantry.


Patient doesn’t

A process of learning: Hardee's worker
‘dumped' in nursing home, lawsuit alleges

more months.

For the six years she has
lived with crippling injuries
that put her in a wheelchair,
life for the 41-year-old Johnson
has been less about remember-
ing than learning.

“Had to relearn lots of
stuff,“ she said in an interview.
"Had to relearn how to put my
pants on and everything."

Because of brain damage,
Johnson is only vaguely aware
that her aunt, now her
guardian, filed a lawsuit seek-
ing $10 million in damages and
that the US. Supreme Court
will hear her case Tuesday.

The court is being asked to
clarify the federal law that for-
bids hospitals to dump poor pa-
tients who need emergency
medical treatment, including


Johnson has no memory of the
truck that hit her as she
crossed a street, walking home
after an unscheduled shift at

She doesn't remember the
University of Louisville hospi-
tal or her repeated bouts of
pneumonia and other infec-

She doesn‘t remember be-
ing transferred after two
months to a nursing home in
Indianapolis —— “dumped," a
lawsuit alleges, because she
was poor and uninsured and
her bill had reached $393,000.

She does not remember the
nursing home rushing her,
within hours, to an Indianapo-
lis hospital, where she spent six

recall accident

women in labor.

Facing the court is this
question: Under what circum-
stances can hospitals be forced
to pay damages to patients who
have been denied emergency

A federal judge in
Louisville dismissed the suit
and was upheld by the 6th US.
Circuit Court of Appeals. Both
said Johnson, in pursuing a fed-
eral claim instead of a malprac-
tice case under Kentucky law,
had to prove doctors showed
“improper motive" in transfer-
ring her to a nursing home.

No other federal circuit has
imposed a motive test under the
Emergency Medical Treatment
and Active Labor Act. Even the
hospital company's attorney,
Clark Phillips of Washington,
DC, conceded in his brief to
the Supreme Court that the act
does not require one. Nonethe-
less, Phillips said, the justices
should not undermine the

states’ traditional authority
over medical malpractice.

Johnson suffered brain in-
jury and multiple fractures of
the spine, pelvis and right leg
May 20, 1992. She was airlifted
to Humana Hospital-University
of Louisville.

Her arms and legs were
paralyzed. A lung collapsed.
Her spleen was removed, leav-
ing her more vulnerable to in-

The suit by Jane Roberts.
her aunt and guardian, claimed
Johnson‘s condition was unsta-
ble when she was transferred to
Crestview Nursing Home on
July 24, 1992. Her temperature
had fluctuated wildly, to as
high as 108 degrees. Pneumonia
and urinary tract infection
were present even as she was
transferred, the suit alleged.

Joseph H. Mattingly III, the
attorney who filed the suit, con-
tends the transfer worsened
Johnson‘s condition.




By Marie Yerbrouifli


wanted an education badly and
I wanted it from the Universi-
ty," recalls Jim Sides, Universi-
ty of Alabama alumnus.

Now, 40 years later, Sides
and his wife have the opportu-
nity to come back to the Univer-
sity to live.

The University is sponsor-
ing a retirement community
called Capstone Village.

The community will be
open, but not limited to, the
university's alumni and retired