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Abilene Reporter News (Newspaper) - December 22, 1974, Abilene, Texas Cfje Allene Reporter 'WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES"—Byron 94TH YEAR ,NO. 186 PHONE 673-4271 ABILENE, TEX., 79604, SUNDAY MORNING, DEC. 22, 1974—EIGHTY-EIGHT PAGES IN SIX SECTIONS 25c SUNDAY AuiHinttd Pres$ UTPB President Amstead Resigns Breckenridge Christmas Spirit These voting people from the Breckenridge Boys Choir and Bell Choir exemplify the spirit of Christmas. Melissa Mallon, daughter of Mr. and Mrs. Larry Malloo, is the angel. Mary is plaved bv Deloris Offielcl. the daughter of Mr. and Mrs. ( laud 01-field. The shepherd at right is Kyle MtKinnis. son of Mr. and Mrs. Ben McKinms. and the shepherd in the foreground is David Elder, grandson of Mr. and,Mi s. Alpha Elder. (Staff Photo bv Don Blaklevi AUSTIN, Tex. (AP> - Following an investigation, Dr. H. H. Amstead has resigned as president of the University of Texas of the Permian Basin although the man who investigated him touted Amstead as a miracle worker. University of Texas Chancellor Charles Fe Maist re appointed V. R. Cardooer, vice president of academic affairs at the school, as acting president. Amstead asked to be allowed to continue as professor of engineering and law enforcement management “at this university in Odessa that my family and I love.’’ A committee will be ap- Inside Today Oakland 28 Miami 26 Minnesota 30 St- Louis 14 Stories, Pg. IC Abilene Events Calendar ... IB Amusements .......... 1-3B Austin Notebook ........ SA Berry's World ......... 4A Books ................. 4B Bridqa ........  25    A Business News .......... 12C Classified    ........ 7-12C Crossword Puzzle.......  24A Editorials ............. 4A Form News.......  I    5C Heartlinc............... 23A Horoscope ...........22A Hospital Patient*........ 7    A Jumble Puzzle ..... 24A Markets      12,    14C Obituaries..........I    2,    I    4    A Oil ...................26A Sports .....  1-6C Texas ............. *B This Week In West Texas 18A Todoy in History    22A To Your Good Health . .    23A TV Toh      1-16E Women'* News    1-16D pointed to select the new president, only the second for the school which began classes in the tall of 1973. Milstead was named president in March 197) to hire faculty and prepare for the opening. Ile had been acting dean of engineering at UT-Austin. UT regents instructed Le-Maistre to investigate s’ate-ment.s made bv An stead to the II n u s e Aopropiint ions Committee in March 1173 involving a three -h o Ie golf course and duck pond on the campus and the alleged use of state funds to build the course and pond. other questions were raised “regarding management matters at UTPB whit h were not in the scope of this investigation,’’ said a statement by IvcMaistre and regent Chairman A. (». McNeese .lr. of Houston, and the questions are being pursued. At the 1973 hearing, a Iran* script shows that Amstead was asked by the late Rep. Hawkins Menefee of Houston Do > all hate a gulf course out there?’’ *T guess you might call it that.” Amstead replied “Let me tell you what happened. The Neighborhood V o u t h Corps wus having difficulty finding something for the minority groufis to do last summer ’t hey didn t ate a place for them to work. We united them to come out and work on the campus, and the Neighborhood Youth Corp* renamed the mesquite bees and ie muted the bushes and pie pared a fairway and greens of a sort. but their i: no glass on them.” Menefee then asked “How much of blat is our monet ? Any?” “I don’t think there was any See UTPB. Col I back page Ibis sertiiM Jury Awards Damages in Medical Suit . . ... . al' c I *    niuii    iieiiKf    firkin    HIV    CAV    P.    skill By ROY A. JONES II Rcporter-News Staff Writer Dr. Paul Mani left a sponge in Gilbert D. Ramone, during a March 2, 1971, operation at Hendrick Memorial Hospital and was negligent in some of his post-operative care of the patient, but Ramone is due substantially less than the $409,973 in damages which he sought, according to the non-unanimous verdict of a 42nd District Court jury. After deliberating for six houri in a rare Saturday session, the 10-man, two-woman Jury voted 10-2 to award Ramone damages totaling $42,300. BUT THE Jury also found that the nurses who assisted Dr. Mani, employes of Hendrick Hospital, failed to make a correct count of the sponges used in the surgery’, so how much of the $42,300 Ramone is entitled to receive will be up to Judge Don Lane to decide He said he will study briefs by the attorneys for both sides before rendering a judgment based on the jury verdict. Hendrick had been named as a third party defendant to the suit by Dr. Mani, who asked that the hospital be held financially liable for all or pail of whatever damages the jury might award Ramone against him. Hendrick had been sued by Ramone. too, in the original suit, but those parties settled their differences out of court when the case was first set for trial in November. Terms of the settlement were not disclosed, but Hendrick did not participate in the trial this week. Dr. Mani was called away on business while the jury was deliberating and was not present when the verdict was received at 8:30 p.m. ‘i’m sorry Dr. Mani couldn't bi* here to thank you personally,” his attorney, George Finley of San Agnelo. told the jury, “but I would like lo thank you for him.” Asked if an appeal of the verdict is planned. Finley said. “Wed like to reserve any comment until the verdict can be studied.” “W E it E DISAPPOINTED with it (the verdict I,” said A. L. < Dusty i Rhodes, who along with John Allen Chalk represented Ramone. “WeTI have to think about it befote we decide if it will be appealed.” Ramone. a 35-year-old former construction worker from Coleman who alleged that he is permanently disabled as result of Dr. Mani’s negligence, was obviously disappointed in the amount of the damages awarded, but had no comment. The jury ruled that Dr. Mani left a sponge in Ramone, but said that this was not negligence. In answer to three related special issues, they found that the nurses assisting Dr. Mani were employes of Hendrick. were not ”b o rrowed employes” of Dr. Mani (under his complete control), and that they failed to make a correct count of the small surgical sponges used in the Ramone operation.^ Those three answers were contrary to what -Rhodes and Chalk asked for in an effort to show that Dr. Mani was in complete control'in the nitrating room and should be liable for all of Ramone’* damages. The jury also found another negligence issue for Dr. Mani. ruling that a medical examination of Ramone by a physi cian using ordinary’ care, skill and diligence after the surgery, would not have revealed the presence of the sponge in question. Ramone had contended that the doctor was negligent in not discovering his mistake because of a persistent drainage from the incision. The only negligence Issue found against Dr. Mani bv the jury involved the filure to take an X-ray “within a reasonable time following the surgery.” THE JURY said that an X-ray taken by a physician using “ordinary care, skill and diligence as is used by the average member of the medical profession in good standing in this state” would have revealed the sponge within Ramone. The jury further said that Dr. Mani failed to make such an X-rav within a reasonable time following the surgery’, and that this failure was negligence and the proximate cause of Ramone’s injury. Jurors ruled that an X ray of Ramone was not delivered See PLAINTIFF, Col. 4 back page this section DA LM ATI ON MAY LEAVE HIS CENTRAL FIRE STATION HOME . . . Sparky poses with Fire Marshal Leu Blackwood, inspectors Ka* en*!* Firemen May Lose Their Spark By ANN FLORES Reportei-News Staff Writer Central Fire Station has been home sweet home for a Habitation named Sparky for the past three years but that may have to come to an end this week. To the dismay of many firemen, their mascot reportedly was the object of a citizen complant last week, according to Fire Chief D.C. Musick Because of that complaint and a city ordinance prohibiting dogs from running loose, the fire department must either pen up Sparky or find him another home, Musick said Saturday. THE CHIEF said he will probably decide Monday be letter lu Editor, Pg. 5A tween the alternative* of tying up the dog somewhere at the station or letting one of the firemen keep him at home. "Sparky’* a real friendly dog,” Musick said. “He ll not bother anybody, but I guess some people just don't like dogs.” Although Musick said he does not know who turned in the complaint to the city Animal Control Dept, or why, some firemen suspect a resident of the area near the station. 14(1 Mulberry. ‘•NOBODY KNEW anything about it until Friday,” Musick said. That was the day a city dogcatcher brought Sparky to the station and warned firemen to keep the dog inside. citing a citizen complaint about the dog running loose. Although sparky usually stays inside the engine room at the station, lie sometimes inns outside and into the neighboring area. Music said. "When that bel! sounds and the firemen run out. he wants to run out. too. You can’t hold him in. and our boys don’t have time to go out and catch him until they get back from answering the alarm,” he said. The chief seemed resigned See SPARKY. (ut. * back page this section Goodfellows Campaign Goes Over Goal Goodfellows soared over their monetary goal Saturday , completing another successful year in giving help to Abilene’s less fortunate families at Christmas time. Saturday’s mail brought $355.50, bringing the total to $18,505.31 - well past the $18,250 needed to provide toys, food and clothing to the needy children of Abilene and their parents. Bob Jordan, Goodfellow c h a i r rn a n, praised the hundreds of citizens who contributed money and scores of others who provided time and energy into the annual Good-fellow effort. More than 400 families were provided food and clothing and toys were given to about 2,000 children, Jordan said. special tribute was paid to Abilene youngsters who gave used toys to the drive; to the city’s firemen who repaired and repainted them; to YFW Auxiliary, Dyess Oft leers Wives and Dyess NCO Wives as well as to many volunteer* who dressed dolls; to Abilene Kiwanians who wrote food scrip; to Jaycee-ettes who wrote clothing scrip; to Red Cross workers who shopped for elderly shut-ins; to Par-ent-Teacher Assn. ladies and Abilene Exchange Club mem bers who worked at the Good-fellow Store: to Junior League ladies who read the Goodfellow letters asking help and visited the families to determine and verify need: to Abilene Lions who set up tables in the store; Boy Scouts and Junior Red Cross who cleaned the store and decorated the tree: Marines who picked up toys from schools and took them to firemen for repair; to Welfare Dept, and Child Welfare workers who helped Junior league worker* and provided background data on many families; and to the Salvation Army which handled cases called to Goodfellow at tention too late to be investigate dby Junior League workers. In lieu of Christmas cards — Scott and Mona Smith L Family KUM Mr. A Mrs. Edwin Ca rot hers    HMM Perry Lee Phillips    IOO For the Goodfellows Christmas Fund    5.00 In the name of Jesus    IOO    (IO Anonymous    5.00 Anonymous    15.00 Mr. & Mr*. Ishmael C. Dodgen    20,00 J. Thurman Strickland 10.00 Leo Williams    7.50 In lieu of Chi 1st mas in lieu of christmas cards to Abilene friends. cards to our Abilene Mr. A Mrs. James E. 1000 friends — Mr. AM) R.W. Stuaid rs. KUM Jeter Mr. A Mrs. Harold Trey, .Stephen and S. Edwards KUM Suzanne Cook I Oil JO Anonymous 7.00 Mr. & Mrs. Billy Neeb 10.00 J >r. & Mrs. Howard In memory of Debbie A. Tobin 25.00 Lynch, Mr. A Mrs. James Anonymous 2.00 W. Lindsey 5.00 Albert k Pauline 12 00 Mr. A Mrs. Lamar James IL Moore 25.00 Anonymous HUM Mr. A Mrs. Paul In lieu of Christmas L. Shelton 15.00 cards — S.C. IO OO lagged Drive Business Johnson Mens Club 10.00 Total 555.50 Mr. k Mrs. Lloyd Previously T. Miller HUM ^knowledged 17.949.81 Mrs. Donee ll. Total to W i non ch UM.un date 18,505.31 Calandars dan 'J bida ti. Christina* h 2 days off. ;