breaking news

breaking news


Michigan’s Kettering University suing Kettering Health University

Published: Wednesday, November 08, 2017 @ 7:21 AM


            Kettering College
Kettering College

Kettering University in Flint, Mich. is suing Kettering Health Network over the planned change of KHN’s school from Kettering College to Kettering Health University.

The lawsuit, filed in Dayton’s U.S. District Court, claims federal trademark infringement. In its complaint, Kettering University claims Kettering Health’s willful, deliberate and intentional effort “to confuse consumers and profit from the goodwill and consumer recognition associated with the well-known “ ‘Kettering University’ mark for educational services.”

The civil lawsuit includes exhibits such as Kettering University’s trademarks and correspondence between the two schools’ presidents. Another exhibit included is an August 2017 Dayton Daily News article which said KHN’s trustees voted to re-brand the college as Kettering Health University starting in January 2018.

RELATED: Kettering College to change name to include ‘university’

The lawsuit seeks to stop the name change, for damages to be trebled and for costs, attorneys’ fees and expenses.

“Consumers have and do conclude that Defendant’s educational services are associated, connected, or affiliated with Kettering University,” the lawsuit claims, noting that both schools offer health care training.

“We don’t have any information to share at this time,” a Kettering Health spokeswoman said Tuesday. The complaint has not yet been answered in court documents.

SOCIAL MEDIA: Follow Mark Gokavi on Twitter or Facebook

An Aug. 23 letter from Kettering University President Robert McMahan to Kettering College President Nate Brandstater said the proposed name change “is most problematic for us.”

McMahan asked Brandstater to “consider an alternative name that sufficiently distances your institution from Kettering University.”

An Oct. 9, 2017 response from Brandstater to McMahan read, in part: “After taking into consideration the information and perspectives in that letter, leadership at Kettering Medical Center proceeded with the plan to register the trade name “Kettering Health University.”

MORE: Read other stories from Mark Gokavi

According to the lawsuit, Kettering University was founded in 1919 as the School of Automotive Trades, changed in 1926 to General Motors Institute and changed again in 1988 to Kettering University, named after inventor Charles Kettering. In 2008, the institution started offering a pre-med program.

Founded in 1967, Kettering Health’s school was named Kettering College of Medical Arts in 1990 and Kettering College in 2010, according to the complaint.

According to its website, Kettering College has more than 800 students and offers certificate programs, two-year associate of science degrees, bachelor degrees, a Master’s Degree in Physician Assistant Studies and an Occupational Therapy Doctorate.

Woman burned by hot coffee in break room fight

Published: Friday, November 17, 2017 @ 11:53 AM

Dayton police are investigating after a woman was severely burned by hot coffee thrown on her by another woman during a break room fight at the YWCA.  STAFF PHOTO ILLUSTRATION
Dayton police are investigating after a woman was severely burned by hot coffee thrown on her by another woman during a break room fight at the YWCA. STAFF PHOTO ILLUSTRATION

A woman suffered significant burns when another woman threw a cup of hot coffee on her in a break room at the YWCA, according to a Dayton Police report.  

>>Download our free WHIO Weather App

Officers and a medic were dispatched to the YWCA on West Third St. in downtown Dayton at 5:25 p.m. Thursday on a report of an aggravated assault. 

The two women involved in the altercation are residents at the YWCA. The injured woman, 55, told police she was in the break room speaking with another person about a woman who was also in the break room heating up a cup of coffee in the microwave. 

>>TRENDING: Violent brawl at high school captured on video

 The victim told police the woman didn't appreciate what was being said about her, and when the coffee was done in the microwave, the woman removed it and threw the cup of hot coffee on her, then returned to her room. 

>>TRENDING: Herbal supplment is killing people says medical examiner

According to the Dayton Police report, the victim had visible severe blistering on her skin from the shoulder down to her left arm and elbow. The skin was peeling off, according to the officer, and he cited significant burn injuries.  

The injured woman refused to go to the hospital.

Dayton police put out a broadcast to arrest the female suspect. She was not identified in the report.

No word is she is in custody.

Foreman’s signature at issue in boyfriend homicide case

Published: Friday, November 17, 2017 @ 7:03 AM

Harrison Twp. woman charged with shooting fiancé appears in court

The new defense attorney of a woman indicted for involuntary manslaughter in the death of her boyfriend is continuing a legal challenge against the validity of the grand jury foreman’s signature, according to Montgomery County Common Pleas Court documents.

A hearing is scheduled for Friday afternoon in Judge Dennis Langer’s courtroom in which the grand jury foreman is scheduled to testify about why her signature looks different on two documents signed the same day.

RELATED: Attorney questions legality of grand juror’s autograph

Jessica Lynn Grieco, 34, was indicted July 26 on counts of involuntary manslaughter, reckless homicide and domestic violence for the March 21 death of Peter Underwood, 32.

Jeffrey Gramza, Grieco’s former attorney, disputed the legality of the signatures of a no bill and an indictment signed about 2½ hours apart on the same day, alleging that they don’t match.

Signatures showing the grand jury foreman’s name appear on a no bill against a Jessica Grieco, an indictment and in an affidavit in which the foreman said she signed both of the other documents. MARK GOKAVI/Staff(Staff Writer)

Grieco’s new attorney, Marshall Lachman, filed a motion Oct. 31 asking prosecutors to disclose the grand jury members responsible for the issuance of the indictment, or, in the alternative, disclose the grand jury vote.

RELATED: Harrison Twp. woman indicted in shooting death of fiancé

“At issue in this matter is whether the indictment was properly signed and (Grieco) was properly indicted under Ohio law,” Lachman wrote in his motion, adding that the state “should be required to disclose the grand jury voting sheet to confirm that the required seven grand jurors voted in favor of the indictment.”

Lachman also filed a motion for funds for a handwriting expert who is “necessary for a fair and competent defense in this matter.”

Prosecutors haven’t answered either motion in court filings, but Montgomery County Prosecutor Mat Heck Jr. said earlier that the signatures were from the same person.

SOCIAL MEDIA: Follow Mark Gokavi on Twitter or Facebook

“I can’t remember if she used a different hand, if there was an issue with her hand,” Heck said in August. “I just remember that it was done by her, but it was done by the same person and the same name.”

Prosecutors responded to Gramza’s accusation with a motion to the court with a signed affidavit from the grand jury foreman, who said she signed both documents. The foreman did not mention why the signatures appear differently.

Grieco told a 911 dispatcher she accidentally shot her fiancé while attempting to unload a gun to prevent him from committing suicide. Underwood lived in a home on Claggett Drive in Harrison Twp. where the shooting occurred. He died of a shotgun wound to the chest, according to the Montgomery County Coroner’s Office.

MORE: Read other stories from Mark Gokavi

“He’s shot in the chest. Get here now!” Grieco yelled during the call. “He’s going to die!”

Grieco repeatedly yelled, “Oh my God!” and said: “I tried to unload it. It went off because he was trying to commit suicide earlier. I had to take a rope from him earlier,” she said in the call, which the Dayton Daily News obtained through a public records request.

Grandma: Toddler who lost mom in shooting keeps waiting for her

Published: Thursday, November 16, 2017 @ 3:48 PM

Grandmother Says Toddler Who Lost Mother Still Waits For Her

­­On Thursday morning, Monique Burston sat in court, bracing herself on the shoulder of a man at her side, and listened to how her daughter died, how a 9mm bullet tore through the 21-year-old’s back in a car on Interstate 20 in DeKalb County, Georgia.

Burston thought of her grandson. Demarko Cade Jr., 2, used to go to the window and wait for his mom to get home from work every day, Burston said. The young mom would load him into the car and they’d just drive, to nowhere in particular.

"He's still sitting by the window,” Burston said. 

>> Read more trending news

The child’s mother, Airiyuanna Burston, died Oct. 26. She’d been riding in her boyfriend’s Jeep on the interstate in DeKalb County when a gunshot flashed from the back seat, traveling through her seat into her.

When police arrived, they found that the boyfriend’s cousin, Gregory Neal, 22, had been seated behind the victim. 

The cousins made up a story about another driver firing into the car in a fit of road rage. But Neal admitted he’d done the shooting after Detective Krischan Payton told him cops found a shell casing in the floorboard where he’d been sitting, Payton testified Thursday.

After “numerous” interviews, Neal offered to take police back to the scene and show them where he’d hidden the 9mm pistol up an embankment.

Payton said Neal told him the pistol had been laying on the back seat under his backpack. Neal said he moved the backpack and somehow accidentally fired the gun, which police believe.

“It was not an intentional shooting,” the detective said.

Payton said he knew of no animosity between the victim and the shooter.

Monique Burston isn’t convinced it was an accident and said she wants police to investigate further and hear out her theories.

Neal is already facing a felony murder charge. 

Under Georgia law, the crime doesn’t require intent to kill; it only requires that a death occurred while someone committed a felony. In Neal’s case, it was a felony for him to have the gun at all because he has felony convictions from a burglary case, police said.

Before the gun fired, Airiyuanna Burston had been working in a warehouse, was about to start a second job and planned to attend Emory University. She wanted to be a lawyer.

Monique Burston hurts for the lost potential and the loss. She worries about her grandson as he waits by the window in the dark. 

“You can see he's empty,” she said.

Double shooting: Gunshot victims had baby in car

Published: Thursday, November 16, 2017 @ 9:46 PM
Updated: Friday, November 17, 2017 @ 3:04 AM

Double shooting: Gunshot victims had baby in car

A young child was riding in a car with two gunshot victims Thursday night, officials said.

The gunshot victims were in a car that stopped on Evansville Avenue in the block just south of the Falmouth Avenue intersection in Harrison Twp.

>> 1 shot, wounded in Dayton apartment building

The double shooting possibly happened along or near Gettysburg Avenue in Dayton.

The victims are a male and a female, and one was reportedly shot in the chest, according to reports. 

A woman who described herself of the aunt of the female shooting victim said the baby boy was 1 year old. One deputy was seen holding a baby inside a cruiser before children services arrived on scene.

>> Miami U. student accused of filming rape of unconscious student

The shooting was dispatched just after 9:05 p.m.

Male, female shot in double shooting in Harrison Twp.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdeck@cmgohio.com.