The Battalion. (College Station, Tex.) 1893-current, October 29, 1987, Image 7

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    Thursday, October 29, 1987/The Battalion/Page 7
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Grave experience Photo by Sarah Cowan
Kappa Alpha fraternity plecdges paint a tombstone located in the ce-
metary in front of their house, located on Old College Road in
Bryan. The Kappa Alpha’s, in conjunction with a local radio station
are sponsoring a haunted house to raise money for the Muscular
Dystrophy Association. The fraternity has been working on the pro
ject for the past two weeks. The house will run Friday and Saturday
from 7 p.m. to 12 a.m. Tickets can be purchased for $2 in the
Blocker Building or at the door.
Poll shows voters
prefer to choose
education board
HOUSTON (AP) — A majority of
Texas voters would prefer to elect
their State Board of Education
rather than have the panel remain
appointed by the governor, accord
ing to a survey published Wednes
day in two newspapers.
Sixty-one percent of the 1,017
Texas voters surveyed said they
want to elect the 15-member board,
18 percent said they would prefer to
keep an appointed panel and 21 per
cent were undecided.
Results of the telephone survey,
conducted Oct. 11-20, were re
ported by the Houston Chronicle
and the Dallas Morning News in
copyright stories Wednesday.
State voters will decide Tuesday
whether to keep the board members
appointed in 1984 and cancel next
year’s scheduled elections.
The idea of keeping the ap
pointed board is being promoted by
Dallas billionaire H. Ross Perot in
speeches and a TV advertising blitz.
On Tuesday, Perot discounted the
results of the poll.
“The poll reflects the lack of
knowledge about the issue,” Perot
said. “Since the poll was taken, we
have been trying to fully educate the
people. They all want great public
schools, and once they realize the
connection between an appointed
board and good schools, they will
support the referendum.”
On the opposite side of the issue
are most state public education orga
nizations, such as the Texas Educa
tion Agency, the Texas Association
of School Boards and the Texas
PTA.
Sandy Kibby, legislative chairman
of the Texas PTA, said education
groups are concerned about Perot’s
Court awards $6.3 million to girl
in suit against hospital practices
AUSTIN (AP) — The Texas Su
preme Court Wednesday, awarded
$6.3 million to a 13-year-old girl
blinded shortly after birth as a result
of what jurors said was improper
care at a Texarkana hospital.
Included in the award is $4.2 mil
lion from Wadley Hospital for vio
lating the state’s Deceptive Trade
Practices Act by assuring the (par
ents) that the hospital was adequately
equipped to handle premature ba
bies when it was not, a court official
said.
In addition to the DTPA dam
ages, the hospital and three physi
cians were ordered to pay Kellie
Birchfielda total of $2.1 million in
other damages.
Phillip and Mary Jo Birchfield,
Kellie’s parents, were excited over
the opinion and are proud that the
court system has worked, said attor
ney Frank Branson of Dallas. He
said the family did not want to com
ment directly to reporters.
Kellie was born prematurely in
August 1974 at Wadley. Her right
eye was blind at birth. After she left
the hospital, doctors found she had
retrolental fibroplasia (RLF), which
eventually blinded her left eye.
Court records indicated evidence
showed she had been given oxygen
without adequate monitoring to de
termine if the treatment could cause
damage. RLF can be caused by ad
ministering oxygen to premature ba
bies, the Supreme Court said.
“Wadley sold its goods
and services and Kellie
Birchfield ‘acquired ’
them, regardless of the
fact that she obviously did
not contract for them. ” —
James Wallace, Supreme
Court Justice
Although the court’s unanimous
decision made Wadley liable under
the DTPA, which carries awards of
three times the actual damages, law
yers in the case said the ruling might
not place all health care providers
under the act.
The Birchfield case was filed un
der the 1973 version of the law.
which was updated in 1977 to ex
clude health-care providers in many
circumstances.
Branson said Wadley was liable
under the 1973 version of the law
because this hospital was holding it
self out to other hospitals and physi
cians in the area as being capable of
caring for premature infants.
Attorney Victor Hlavinka of Tex
arkana, who represents the hospital,
called the decision an abomination.
Hlavinka said the hospital would
ask the Supreme Court to reconsider
the decision.
The Supreme Court, in an opin
ion by Justice James Wallace, re
jected Wadley’s contention that the
1973 DTPA did not cover health
care providers and that Kellie was
not a consumer under the definition
of that law.
“Wadley sold its goods and serv
ices and Kellie Birchfield ‘acquired’
them, regardless of the fact that she
obviously did not contract for them,”
Wallace said.
In addition to the damages to be
paid to Kellie, the Supreme Court
ordered the hospital to pay $32,000
to each parent for DTPA violations.
campaign, which is not being coun
tered by those opposed to the refer
endum proposal.
“We’re not sure what impact the
advertising campaign will have in
the final days before the election,”
she said, but education group lead
ers say they don’t think voters will
want to give up their right to elect
the board.
“The poll shows what we have said
all along that most Texans want to
be able to elect the State Board of
Education,” Kibby said.
Political scientists Richard Murray
and Kent L. Tedin of the University
of Houston’s Center for Public Pol
icy directed the poll. The margin of
error was plus or minus 3.5 percent.
Prison guard
gets charged
slaying case
HUNTSVILLE (AP) — A grand
jury will consider next month
whether to indict a prison guard ac
cused of leaving a door unlocked so
several inmates could ambush a fel
low prisoner, a prosecutor said.
Louis Sandoval, a Texas Depart
ment of Corrections guard at the El
lis I Unit near Huntsville, has been
charged with murder in connection
with the December 1986 stabbing
death of Joe Arredondo.
Sandoval, 24, was released Mon
day after posting $20,000 bond.
David Weeks, special prosecutor
for prison crimes, claims Sandoval
cooperated with prisoners at the unit
by helping set up the slaying. Weeks
said Tuesday he believes the murder
is linked to the Texas Syndicate, an
alleged prison gang.
Arredondo, who was not a gang
member, was stabbed 20 times with a
10-inch flat piece of metal found
next to his body. He had recently re
turned from a furlough but had
failed to bring with him a supply of
drugs allegedly requested by gang
members, investigators said.
Sandoval allegedly unlocked a
door to a hallway at the Ellis I Unit
and left his post to go to the bath
room, Weeks said. Investigators be
lieve that several inmates hid in that
hallway and surprised Arredondo as
he passed by.
“(Sandoval) provided the oppor
tunity and access” needed for the
murder to take place, Weeks said.
Guards are not supposed to leave
their posts while on duty and are
never to leave prison doors un
locked.
Five inmates were indicted last
February in connection with the
death.
Sandoval had said he did not see
the stabbing. He declined comment
Tuesday, but private investigator
Richard Reyna of Conroe said Sand
oval denies any involvement in the
stabbing death.
“It’s certainly not true, the allega
tion they are making,” said Reyna,
who was acting as Sandoval’s spokes-
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Pre-Halloween Costume Party
Thurs. October 29, 7 pm
$980 cash for the
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750 drinks all night
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18-20 year olds are welcome
ttkiWed 37 pMP'e.
jobbed 6 banks,
2 Victor stores,
a record shop
a ndslole2ferians.
Now ttie tun starts.
\\ \ust took over
a police station.
♦V Jkl
I.
u
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A new breed
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2.78
$13,200
2.14
$4,888
1.23
$2,750
1.20
$3,200
1.10
$1,975
1.01
$1,175
.93
$2,585
.91
$1,890
.90
$1,575
.81
$995
.74
$2,900
.71
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2.16
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1.36
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