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The Lombardi Law Firm Blog

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Car and Tractor Trailer Accidents

2/23/2010
Steve Lombardi
Comments (0)

Sloan, Iowa Accident Can Be A Lesson in Law and Logic

Near Sloan, Iowa on September 12, 2009, around 8 pm police were called because of a collision between two cars on Highway 75 at mile marker 3, according to online news sources KCAU. A car driving northbound went into the ditch and back out, then “crossed the center line and collided head on with a minivan.” The reason for the driver’s loss of control is unknown. The driver was transported to Mercy Medical Center with injuries. In the minivan were two adults and two children who all suffered serious injuries and were brought to the same hospital as the driver. No other details are known.

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110.


2/9/2010
Steve Lombardi
Comments (0)

In law what is the last clear chance doctrine?

Even thought the Iowa Supreme Court held the last clear chance doctrine was eliminated as a separate instruction with the adoption of comparative fault, a weighing of what each driver did and didn’t do must be considered in determining who was negligent. So if that lady driving and cell phoning isn’t looking at what is clearly and obviously in her view isn’t she comparatively negligent? I think so. In this instance if we’d crashed, and we didn’t, I would have asked her for her cell phone number and told her right there that had she not been distracted with her cell phone conversation there would not have been a collision. Common sense tells us you can't see what you're not looking for. You can't see when you're not looking. Another day I'm going to cover why that left arm to your head makes it reasonably likely some day you're going to crash.

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110.


1/22/2010
Steve Lombardi
Comments (0)

The world of personal injury law never rests

It’s interesting to see several truckers blogging. I wonder if they write and post while on the road or wait till they get home. Now that would be a serious distraction if done while driving. There’s “The Truckers Report” and TruckieD or TD as I refer to him. He’s on the IB and has his own blog, as I just discovered. Truckie-D’s Blog. I don’t think he’s really happy with us right now. He’s taken issue with the attorneys writing about I-35.

Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


12/8/2009
Steve Lombardi
Comments (0)

Ohio’s Minimum Liability Limits are a Paltry $12,500

Ohio is a miserable state to get in a car accident. Presently I have a client who died in Ohio from getting t-boned at an intersection collision. The financial minimum limit one has to carry on car accidents in Ohio is a paltry $12,500.00 per person. Can you believe that? You can kill a person and only have to pay the dead person’s estate $12,500.

Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses from many types of accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 

12/5/2009
Steve Lombardi
Comments (0)

Osceola, Iowa Resident Seriously Injured While Riding in Car that Rolls Over

Both the driver and the passenger, Elizabeth Anne Hanscom, 23 from Osceola was seriously injured and taken to Iowa Methodist Medical Center. Is it enough that the driver says he missed the curve? Not likely, he’s probably still negligent or at fault for failing to drive at a reasonable and proper speed, failing to drive using due care and failing to drive while keeping a proper lookout.

12/3/2009
Steve Lombardi
Comments (0)

Paying attention while driving means staying on your side of the road

What caused 21 year old Travis Scott to veer straight into oncoming traffic?

That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin that left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation. Yeah ... I guess you could say that.

This accident happened just before midnight on a Friday, involving two 21-year-olds and another one of 20 years. So what was the driver doing that caused this young driver to cross the center line and crash into the deputy? What were the distractions? Answer that question and the deputy will probably have an answer to what made them cross over the center line. Let’s see crashing head-on into a deputy sheriff’s car. I’d have to say that’s not the best day you can expect in your life.

In this instance the legal questions are:

1. Who was at fault and why?

2. Will the deputy sheriff file a workers' compensation claim and a personal injury claim against the other driver?

3. Will the passengers file claims against the young driver or were they also at fault for what was going on that created the distraction for the driver?

The threat of injury to law enforcement is about being on-the-road as much as it is in making an arrest.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


12/3/2009
Steve Lombardi
Comments (0)

Over the center line and right into a deputy sheriff; not such a good day

What caused 21 year old Travis Scott to veer straight into oncoming traffic? That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin that left Mr. Scott, his two passengers and the deputy injured.

Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


12/2/2009
Steve Lombardi
Comments (0)

Two-car collision in Iowa

Friday June 19th, around 5 in the morning, a two car collision caused by a run stop sign kills two men, according to the Des Moines Register. Harlan Derr, age 58, was driving to Winnebago Industries in Forest City where he had worked for 25 years.

Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


11/23/2009
Steve Lombardi
Comments (0)

At fault Iowa drivers

You can't assume that the at-fault driver always hurts others; sometimes their fault hurts them or the passengers in their car. This is one of those cases. As lawyers who represent people we have the kinds of personalities to offer solutions. But in this case there is no viable legal solution. With these kinds of accidents the only advice we give is the advice to move on.

Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


11/13/2009
Steve Lombardi
Comments (0)

Juries Should Never Run on Empty

On September 04th 2009 14-year-old William Beaulieau and a class mate 15-year-old Jacob Murray were go-carting when the go-cart they were riding in collided with a Ford truck driven by Chad Stange. The accident occurred at the intersection of 300th Street and Stanley Road near Fredericksburg at about 5 p.m. Mr. Beaulieau was driving the go cart and both boys were ejected on impact and both died as a result of the injuries sustained in the crash.

First of all the report isn't clear but appears to say they were driving the go-cart on the public’s right-of-way; the road or street. If so, our first thought is to ask what are they doing riding on the street? And why at 5:00 p.m. when commuter traffic is likely to be increased due to people coming home from work? No license, no registration, no tags and no reason to be there. Was there a moped type flag on the go-cart? Go-carts are too low to be seen by normal drivers, so it's an accident waiting to happen.

The next question that always comes up is about supervision. Where were the adults who should be supervising them and why did they think it permissible to be driving a motorized go-cart on the public streets? What were they taught about riding it on the streets? Was someone home watching Oprah when they should have watching the kids? These are the types of questions that would need to be answered.

I've got experience with this in my neighborhood. I see my neighbor's children and adult children running an unlicensed ATV on the streets while trying to pull wheelies. When I see them out there my first thoughts are when the accident is going happen; you know the one that is inevitable. You see I live on a corner and I know my neighbors driving habits; probably too well. Here is my one neighbor who is also a lawyer and he drives way too fast through that intersection and now we are adding kids and young adults on an unlicensed vehicle. And then there are the neighborhood teen drivers going through that intersection as if they owned it. I’m shaking my head as I ponder the sound of metal to metal as the crash unfolds in my head; that's what happens to aging personal injury lawyers; we dream of all the crashes we've had cases about. Maybe I should move to the end of the cul-de-sac; then I wouldn’t know so much about the intersection down by Lombardi’s house.

These situations lead to tough questions with very unsatisfying answers.

If you’ll recall we’ve discussed a similar type of accident involving an ATV running into a parked car.

But it also raises another question. What was the driver of the Ford truck doing? How fast was he going? Did he have any distractions that took away from his awareness as a driver on the public roads? His actions may not excuse his negligence. Was he aware from previous occasions that this kid would be out riding his go-cart in the street? If so, was he watching out for him? Did he know the kid was there and just ignored him? Determining negligence is such a multi-faceted task with many questions about the behavior of each actor that need to be answered about whether it lived up to the reasonable man standard. In this case it’s probably too easy to just want to blame the kids on the go-cart; but our first inclinations aren’t always the fairest either.

So let’s wait till we know all the facts before judging and coming to a conclusion.

We wish the families well and I rest my case.


Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


11/10/2009
Steve Lombardi
Comments (0)

Head-on Collision in Clayton County, Iowa

It’s reported that a vehicle being driven by Sarah Austin, 21 or Luana crossed the center line on U.S. Highway 52 at 5:45 a.m. on November 8, 2009 killing a 41-year-old man. The man Lee Zuercher was reported to not be wearing his seatbelt. His passenger, 18-year-old Coedy Zuercher was and apparently survived. So what did cause the car driven by Ms. Austin to cross the center line? That is the question any legal claims will be required to answer. As a lawyer I’d focus on whether she had a cell phone in the car and whether she was texting or talking. She may have spoken to the police and they may know the answer to that question. Any good investigation would require a search of the accident scene before first snow falls. My suggestion to the incident injured passenger and estate is to act fast.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


10/20/2009
Steve Lombardi
Comments (0)

Iowa train-car collision kills New London woman

On September 21rst 2009 a New London woman died after she drove her pickup truck around the crossing arms at the railroad tracks and was hit by an Amtrak train. The accident happened in eastern Iowa. The collision occurred at about 5:45 p.m near Danville. The driver of the truck died at the scene. There were 250 passengers on board and no injuries have been reported as of yet. One has to wonder what would possess someone to drive around the crossing arms. Was she in that big of a hurry, were the arms not functioning correctly? Is the train engineer supposed to sound his horn before entering the intersection? Did he? Was corn blocking the view? Was the driver upset, distracted, under the influence or just didn't care to think? What does the train sound like as it comes down those tracks? Listen to this blues harmonica player recreate the sound of the train's horn as it comes down the tracks.

 

We’ve written about train intersection collisions before today. Here are a few articles for you to review.

Iowa, Another Freight Train-Car Collision Death | InjuryBoard Des ... Posted by Steve LombardiSeptember 24, 2009 6:01 PM ... William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. ...
desmoines.injuryboard.com/.../iowa-another-freight-traincar-collision-death.aspx?... - Cached - Similar

  • Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Des ... Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA. An Iowa woman killed by a train has been identified as Kristi Brown of Tama, Iowa. ...
    desmoines.injuryboard.com/mass-transit-accidents/ - Cached - Similar
  • Iowa pedestrian struck and killed by moving train in Tama ... Iowa pedestrian struck and killed by moving train in Tama. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook ...
    desmoines.injuryboard.com/.../iowa-pedestrian-struck-and-killed-by-moving-train-in-tama.aspx?... - Cached - Similar
  • Train | injuryboard Des Moines Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA Category: Mass Transit (Airline, Cruise Ship, Train, Bus). An Iowa woman killed by a train ...
    desmoines.injuryboard.com/tag/Train/ - Cached - Similar
  • Lombardi Law Firm Donates Wii to Blank Children's Hospital ... Aug 10, 2009 ... Automobile Accidents · Mass Transit (Airline, Cruise Ship, Train, Bus) ... Locally, the law firm of Lombardi Law Firm is donating a Wii ...
    desmoines.injuryboard.com/.../lombardi-law-firm-donates-wii-to-blank-childrens-hospital-pediatric-therapy-services-in-ankeny.aspx... - Cached - Similar

Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


10/20/2009
Steve Lombardi
Comments (0)

Stop, Look and Listen – Hear that train a coming!

One more train-car collision that killed three people; including a 2-year-old, a 12-year-old and a 17-year-old in Macomb, Mississippi. The children were two boys and a mother young woman was killed.  She was 17. The young man, another 17-year-old was in critical condition and taken to the hospital. The train was heading to Chicago from New Orleans. The car and train collided even though witnesses identified the sound of the train’s horn blowing as it approached. Apparently the car didn’t stop.

Distracted driving kills more people than you can imagine.


Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


10/20/2009
Steve Lombardi
Comments (0)

Before crossing those train tracks, stop to listen and look

On September 21rst 2009 a New London woman died after she drove her pickup truck around the crossing arms at the railroad tracks and was hit by an Amtrak train. The accident happened in eastern Iowa. The collision occurred at about 5:45 p.m near Danville. The driver of the truck died at the scene. There were 250 passengers on board and no injuries have been reported as of yet. One has to wonder what would possess someone to drive around the crossing arms. Was she in that big of a hurry, were the arms not functioning correctly? Is the train engineer supposed to sound his horn before entering the intersection? Did he? Was corn blocking the view? Was the driver upset, distracted, under the influence or just didn't care to think? What does the train sound like as it comes down those tracks? Listen to this blues harmonica player recreate the sound of the train's horn as it comes down the tracks.

 

We’ve written about train intersection collisions before today. Here are a few articles for you to review.

Iowa, Another Freight Train-Car Collision Death | InjuryBoard Des ... Posted by Steve LombardiSeptember 24, 2009 6:01 PM ... William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. ...
desmoines.injuryboard.com/.../iowa-another-freight-traincar-collision-death.aspx?... - Cached - Similar

  • Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Des ... Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA. An Iowa woman killed by a train has been identified as Kristi Brown of Tama, Iowa. ...
    desmoines.injuryboard.com/mass-transit-accidents/ - Cached - Similar
  • Iowa pedestrian struck and killed by moving train in Tama ... Iowa pedestrian struck and killed by moving train in Tama. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook ...
    desmoines.injuryboard.com/.../iowa-pedestrian-struck-and-killed-by-moving-train-in-tama.aspx?... - Cached - Similar
  • Train | injuryboard Des Moines Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA Category: Mass Transit (Airline, Cruise Ship, Train, Bus). An Iowa woman killed by a train ...
    desmoines.injuryboard.com/tag/Train/ - Cached - Similar
  • Lombardi Law Firm Donates Wii to Blank Children's Hospital ... Aug 10, 2009 ... Automobile Accidents · Mass Transit (Airline, Cruise Ship, Train, Bus) ... Locally, the law firm of Lombardi Law Firm is donating a Wii ...
    desmoines.injuryboard.com/.../lombardi-law-firm-donates-wii-to-blank-childrens-hospital-pediatric-therapy-services-in-ankeny.aspx... - Cached - Similar

Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


10/19/2009
Steve Lombardi
Comments (1)

Distracted Driving - Did a DUI by video really kill two people?

Did a McDonalds Happy Meal video game toy cause the accident that killed two people? Prosecutors are accusing Brandon S. Reddick with two counts of homicide by vehicle and two counts of serious injury by vehicle in connection with the February 15th crash near Dubuque. It’s being alleged that Mr. Reddick was steering with his knees while playing the McDonalds toy when the vehicle he was driving drifted over the center line and collided head on with another car, killing two passengers and seriously injuring the driver. A passenger in Reddick’s car was also seriously injured. The 20 year old was freed on a $15,000 bond.

What next?

Tort reformers would say, give him a break. Why make him responsible for his mistakes. Let's let bygones be bygones. Welcome to the world of billion dollar bonuses. No one is responsible for anything and everyone gets a trophy just for showing up. Is that the world you want?

To learn more about how the Participation Trophy Syndrome infects society visit the Des Moines InjuryBoard.

1. Only losers want a participation trophy, winners want to win one ...

Aug 22, 2009 ... Only losers want a participation trophy, winners want to win one. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../only-losers-want-a-participation-trophy-winners-want-to-win-one-.aspx?... -
Cached - Similar

2. Arkansas Board of Medicine "Sanctions" Surgeon with a ...

Arkansas Board of Medicine "Sanctions" Surgeon with a "Participation Trophy". Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../arkansas-board-of-medicine-sanctions-surgeon-with-a-participation-trophy.aspx?... -
Cached - Similar

3. FINANCIAL MISCONDUCT: Is the answer to frivolous Wall Street ...

Apr 21, 2009 ... FINANCIAL MISCONDUCT: Is the answer to frivolous Wall Street bonuses, The Participation Trophy Syndrome. Email Member · Steve Lombardi ...
desmoines.injuryboard.com/.../financial-misconduct-is-the-answer-to-frivolous-wall-street-bonuses-the-participation-trophy-syndr... -
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4. No Participation Trophy for Either the Hawkeyes or the Cyclones ...

No Participation Trophy for Either the Hawkeyes or the Cyclones. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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5. Apology Shield - Diagnosing Truth With a Broken Lie Detector ...

To read more about American society and the Participation Trophy Syndrome, read Coach Lombardi's posts on the subject: Only losers want a participation ...
desmoines.injuryboard.com/.../why-its-important-to-expose-the-fake-apology.aspx?... -
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6. Participation Trophy Syndrome | injuryboard Des Moines

injuryboard Des Moines - Participation Trophy Syndrome - Most Popular RSS Feeds ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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7. The Participation Trophy Syndrome | injuryboard Des Moines

injuryboard Des Moines - The Participation Trophy Syndrome - Most Popular RSS Feeds ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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8. Rubin Navarrette has it right - Don't rescue those looking for a ...

Rubin Navarrette has it right - Don't rescue those looking for a participation trophy. Let litigation teach them a lesson. Email Member · Steve Lombardi ...
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9. The Participation Trophy Syndrome | InjuryBoard Des Moines

Jul 8, 2009 ... Des Moines Personal Injury Lawyer | The Participation Trophy Syndrome ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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10. Sarah Palin promised it would not be politics as usual, and ...

Jul 4, 2009 ... Posted by Steve LombardiJuly 04, 2009 8:40 AM ... She epitomizes the Participation Trophy Syndrome. Where is my trophy; after all I showed ...
desmoines.injuryboard.com/.../palins-exit-announcement-is-just-another-example-of-the-peter-principle.aspx?... -
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Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


10/14/2009
Steve Lombardi
Comments (0)

Driving distracted kills driver and injures passengers

On October 4th 2009 James Godwin of Jefferson, Iowa failed to stop, running the stop sign and straight into the car driven by Bart Baugh of Churdan. Mr. Godwin was pronounced dead at the scene and all four people in the Baugh car; Bart Baugh, Trevor Baugh, Taryn Baugh, and Torey Baugh, were injured and taken by ambulance to the hospital. This accident occurred in Greene County, Iowa at the intersection of Highway 4 and Highway E26.

There are hundreds of mva's just like this one that occur every week in Iowa. I see no days when there aren't any accidents that cause injuries and deaths. What was the distraction? Why didn’t the car stop and yield the right of way? You can’t complain about the number of lawsuits being filed when distracted drivers cause so many injuries and deaths. And don't blame the lawyers. If you do it’s the same as blaming doctors for cancer. Blaming the legal profession is a foolish and naive point-of-view. And it's one that allows the responsible party to avoid being responsible.

When you drive pay attention to your driving. Put the cell phones away. Stop looking at whatever digital device is the latest craze. Simply put, drive.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


10/14/2009
Steve Lombardi
Comments (0)

More Motorists Die on Rural Roads than Highways

South Carolina is leading the nation with 95% of their traffic deaths last year (2008) occurring on rural roads. Montana is close behind with 92% of their traffic deaths occurring on rural roads.

The report from the National Highway Traffic Safety Administration shows that more Americans die on lonely country roads than congested and hostile urban ones. “There are more crashes in urban areas, but fewer of them result in fatalities,” says Lee Munnich, director of the Center for Excellence in Rural Safety at the University of Minnesota.

Even in Massachusetts, which has the lowest percentage of rural fatalities, there are more rural deaths per 100 million miles traveled than urban fatalities.

Why is this? Key reasons include, people drive faster on rural roads, rural roads are not as well engineered as urban roads, and behavioral differences including drunken driving and less use of seat belts in rural areas. On top of these factors, critical emergency care takes longer to arrive at rural crash sites. In Montana, the average response time for emergency medical rescue is 80 minutes compared to 15 minutes in Massachusetts.

In South Carolina, 80% of that state’s road deaths involve alcohol. Shame on you South Carolina! Of the 95% of total deaths on these roads, only 15% DO NOT involve alcohol, a sobering statistic. Of course we can't congratulate those dying while sober.

Many states are responding to the rural road accident problem by installing rumble strips, grooves, and raised patterns to alert drivers that they are leaving the pavement. I'm not sure this will help the drunks awaken in time to keep the shiny side up.  In Montana, approximately 75% of their rural crashes are single vehicle crashes. They are installing under and overpasses to allow animals a clear path to cross the roads; another major cause of single vehicle crashes in rural areas.

The next time you are driving in a rural area, stay alert, drive the speed limit, and be aware of drivers around you. One other thing, wear your seat belt and don't drink and drive! Drugs and drunken driving are costing us all way too much grief.

Join us for Away from the Sun, by 3 Doors Down

When you drive distracted you’ll find out it may just end up being your time to meet your maker. And by the same musical group, how about joining in with, It’s Not My Time.

Great pipes on this lead singer.

Music video by 3 Doors Down performing It's Not My Time with Sean Hobbs [Video Producer], Shaun Silva [Video Director] (C) 2008 Universal Republic Records, a division of UMG Recordings, Inc.

 


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


10/12/2009
Steve Lombardi
Comments (0)

Dangerous Ditches on Rural Iowa Farm to Market Roadways

On October 7th 2009 the Plymouth County sheriff’s office said that its deputies found the body of 29 year old Michael Ahlers while investigating a report of a car in the river. It is being reported that the car was partially submerged in the Little Sioux River. The investigation remains open however authorities are stating that they do not believe foul play was involved.

<a href=""><img src="" width="" height="" border="0" alt="" /></a>
I've previously written about rural ditches and how dangerous they are when cars, trucks and motorcycles leave the county roads. Here are a few stories I've previously written.

Steve Lombardi | August 31, 2007 12:00 AM | 0 Comments Category: Motorcycle Accidents ... bound on P53 when he lost control of the bike around a curve and rolled into a ditch ...

Steve Lombardi | September 28, 2007 12:00 AM | 0 Comments Category: Head & Brain Injuries ... The Gazette reported a motorcycle rolled over "several times" after going into the ditch ...

Steve Lombardi | September 23, 2009 2:17 PM | 0 Comments Des Moines, IA. This one is coming out ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

Steve Lombardi | October 04, 2009 3:08 PM Category: Defective & Dangerous Products ... Sheldon, IA was driving a Honda ATV on September 18, 2009. Driving in the east ditch off ...

Steve Lombardi | July 27, 2007 12:08 AM | 0 Comments Category: Head & Brain Injuries ... four or five times on Interstate 80 before it flew over the median and landed in a ditch

Steve Lombardi | April 22, 2009 11:11 PM | 0 Comments Category: Automobile Accidents ... Appanoose County when he lost control of his vehicle striking a tree in the West ditch.

Steve Lombardi | June 27, 2007 10:22 AM | 0 Comments Category: Wrongful Death ... says two bicyclists were struck by a pickup truck, sending one into the east ditch and ...

Steve Lombardi | September 30, 2009 10:15 PM | 0 Comments Category: Motorcycle Accidents ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

Steve Lombardi | September 29, 2009 9:28 AM | 1 Comment Des Moines, IA. It’s a new week and ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

Steve Lombardi | June 17, 2009 3:48 PM | 17 Comments Category: Automobile Accidents. This is one of those accidents I hate writing about but without this posting the relatives and ...

  •  
    • desmoines.injuryboard.com/archives/2009_6_archive.aspx
    • · Cached page

 


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


10/9/2009
Steve Lombardi
Comments (0)

Train Accident Caused by Tall Corn Blocking the View?

Wednesday, September 30th, about noon, Edward R. Stevens, age 76, was driving down a country road south of Ohio 103, in Bloomville, when Stevens was hit by a westbound Wheeling and Lake Erie Railway train, according to Bucyrus Telegraph Forum news source. It was reported that at this crossing on Schwemley Road, there is no warning signal or gates. One of Steven’s neighbors, Donald Rayoum, said, “When you are driving north and the corn is grown up like it is now, you cannot see if a train is coming.” Steven was driving a 1991 Ford pick-up and was not wearing a seatbelt. Investigation is still underway.

Of course in Iowa we know the corn is there, but then again so does the train's engineer. How about that horn to signal the train's approach to the intersection?


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


10/7/2009
Steve Lombardi
Comments (0)

Updated News on the Des Moines Hit-n-Run Car Accident

Wednesday afternoon on Park Ave. around 5:30, a motorcyclist was killed in a hit and run by a SUV, according to channel 13 news source. After filling up the Ford Explorer SUV at the Casey’s General Store at 4331 Park Ave with $27 worth of gas, Santos Vidal Rodriguez, the 26 year old driver, with 23 year old brother, Orlando David Rodriguez, drove away from the gas station without paying, and hit the motorcyclist east on Park Ave. The motorcyclist was Bruce James Mundy, age 49, a father of two who lived in Adel, and a 30-year military veteran, according to the Des Moines Register. Mundy was wearing a helmet while riding his vehicle but died at the local hospital he was brought to, said the Des Moines Register.

 

The two Rodriquez’s ran from the scene of the accident but were later caught. Surveillance tapes from Casey’s, which captured the accident, are aiding police in the investigation. They are faced with second-degree robbery charges and many traffic-related charges from the crash, though have not been charged yet, according to the Des Moines Register.

 

This accident has brought to the forefront the 1999 shootout near Martin Luther King Jr. Parkway and Forest Avenue, between police and Santos Vidal Rodriguez, the driver in this current case. The shootout began after Rodriguez’s car was pulled over for suspect in a robbery earlier in the day. Police Officer Jeffrey Gowen and Sgt. Garey Bryan II who were involved in the shootout were wounded and the then 16 year old Rodriguez “lost a leg and had brain damage”, reports the Des Moines Register. Rodriguez was never tried for this offense because “Polk County prosecutors believed his injuries made him incompetent to stand trial” and would never fully recover.

 

After this incident on Wednesday, Santos Rodriguez was interviewed by police and said he was fully coherent.

Watch a clip from the Des Moines Register of the accident, and interview of police officer, Sgt. Lori Lavorato:

 

http://gannett.a.mms.mavenapps.net/mms/rt/1/site/gannett-desmoines-150-pub01-live/current/launch.html?maven_playerId=articleplayer&maven_referralPlaylistId=playlist&maven_referralObject=1274639317


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


10/6/2009
Steve Lombardi
Comments (0)

Another train-car collision causes another death

On Monday, September 22, about 5:45pm, Catherine Lea Stinson, age 45, was hit by an Amtrak train at 145th Street and U.S. 34, according to John Mangalonzo reporter from The Hawkeye online news source. Witnesses said she drove around crossing gates which were down. The train was westbound and hit the passenger side dragging the vehicle half of a mile. Danville emergency crew tried to remove the New London woman from her 2008 Dodge Ram, but she was pronounced dead at the scene. Recent train collisions have brought this kind of accident to the fore front. Hawkeye news said:

“Authorities noted that nearly half of all collisions at railroad crossings occur when automatic warning devices, such as flashing lights or flashing lights with gates, are present and functioning properly.

According to recent statistics, a railroad accident occurs every two hours in the United States, in which a pedestrian or vehicle is struck by a train. In 2007, there were 13,067 railroad related accidents, according to the Federal Railroad Administration's Office of Safety Analysis.”

The message of safety here is to not ignore the warnings. They aren't there just to be inconvenient for you. There are there to be obeyed. And if you’re using a cell phone put it down while you stop, look and listen.  A distracted driver is more likely to be a dead one.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


10/2/2009
Steve Lombardi
Comments (0)

Another Hit and Run in Des Moines: Kills a Teen this time

Late Saturday night, September 26th, Devin Fry, age 13, and Rabiatu Timothy, 17, and Marcus Ira-Jenkins, 15, were hit by a dark SUV, now known to be a black Jeep Grand Chereokee, according to the Des Moines Register. Fry and Timothy were brought to the hospital after the police arrived at the scene around 11:45pm. Fry died after surgery on his lungs on Sunday morning. Timothy was in critical condition, but is now said to be doing better. The third teen, Ira-Jenkins, was brushed by the car, but not hurt. The kids were crossing the 1600 block of East University, not in the crosswalk, going north to go to a friend’s house or the Liberian Cultural Center. Ira-Jenkins said he saw the car swerving and with no head-lights on as it came towards them.

There was a tip given to police that led them to 36 year old Angela Arellano.   The police found the black grand Cherokee which was the alleged vehicle in the accident on Sunday at Arellano’s address. Monday morning Arellano, who police were looking for as a material witness, turned herself in to police bringing her own lawyer. Arellano is now charged with “vehicular homicide and serious injury by vehicle” and it is also reported by the Des Moines Register that, “Police Sgt. Lori Lavorato said Arellano was intoxicated at the time of the accident.” Arellano is in the Polk County jail and has an $80,000 bond.

NOTE: There is no known proof of her being intoxicated. A this point that allegation is only an allegation.

The third hit and run accident that has led to a fatality in Des Moines within a month has now killed a young teenage boy who was said to be a good student and hoped to one day play on the high school football team.  This has caused people to wonder the cause of multiple hit and runs in a short span of time. Officer Don Ouimet commented on the topic after the hit and run involving McKinney and Mark Grgurich. Ouimet said:

“Usually it’s that they don’t have a driver’s license, or no insurance or they have a warrant for their arrest, or there’s some illicit activity going on. Maybe they really didn’t know it happened or that it was so minor it wasn’t worth reporting.”

“Hit-and-run people are everyday folks who make a poor choice,” Ouimet said. “But rarely do they leave from sheer panic. There is almost always another reason.”

Videos:

http://www.whotv.com/videobeta/watch/?watch=710f252b-e7ab-486b-a7d1-2b49fa1521f6&src=front

Update:

 

http://www.kcci.com/video/21138340/index.html

http://www.whotv.com/videobeta/watch/?watch=a472a689-9eed-4c0d-b1ff-7c8ae30eb73b&src=front

From a civil standpoint hit-n-run accidents cause many challenges that make the lawyers' job difficult, if not impossible. Many drivers in hit-n-run cases don't have a insurance; a point which I've stressed as a reason to look at your uninsured motorist coverage on your own auto insurance policy.

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  • Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

    If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

    Know your rights, act proactively and protect yourself.


    9/29/2009
    Steve Lombardi
    Comments (0)

    What are interrogatories and how do I answer them?

    It’s a new week and the InjuryBoard group is again writing about commonly asked client questions. We have seven topics to cover, each lawyer is choosing one per week, and by the end of seven weeks we will each have covered all seven topics. I will also post them on the Lombardi Law Firm web blog, The Verdict. That way if you have questions or comments you’ll be able to contact me directly. Enough talk let’s get to the subject today, which is answering written questions in your lawsuit.

    Interrogatories are written questions sent to you through your lawyer by the other attorney. They are questions that when you read it your brain goes, “Huh? What?” The questions are written in lawyer-speak. In law school we lawyer(s) are taught the importance of gobbledygook and over time we strive to perfect it. Hardly ever are interrogatories written in plain English and if you were a lawyer you’d know why, but you’re not so you won’t and I can’t tell you why because if I did you wouldn’t understand me. That was a mouthful.

    Okay, if you promise to tell no one I’ll take a stab at explaining why. This is an entirely sexist example but for many of you it will work. If you were a woman and you had to write a question for your boyfriend or husband to understand and it was about buying you the latest fashion jeans at the mall, how simple could you write it? Or, if you are a man and had to write a simple description of how to catch a fish or mow the lawn, how wordy would the explanation get? Now you understand. In the end you’d just break it down to simple questions that you yourself would ask and then you’d do it yourself. And that’s why it’s easier for most lawyers (he or she) to just ask you a few simpler more straightforward questions and then write the answer for you. See I did it there with the “he or she”; I slipped it in to see if you were awake. After doing this for 30 years I’ve begun to talk at our house just like a lawyer. “Barbara, what did you mean by that?” And raising teenagers was even more fun, with questions in my repertoire like “That’s an interesting answer. Now can you answer my question?” Teenagers absolutely hate that question, because they were hoping the smoke screen was working.

    In law nothing is simple because in reality the English language is extremely imprecise.

    So let’s try to make this easy. Interrogatories are questions. That’s easy. The word interrogatory sounds like interrogation so think of it in those terms with the exception you aren’t tied down to a chair, there is no hot-bright light beating down on you and no one is putting cigarettes out on your forehead.

    HOW NOT TO ANSWER QUESTIONS IN A LAWSUIT

    Let me warm you up with one example of how not to answer the questions. I’m fond of telling Shannon that if you know what you don’t want it helps you narrow down the possibilities and that helps you know more about what you do want. So let’s look first at what you don’t want for an answer.

    Huh? Let me hear that again only this time with Jimmy Kimmel explaining.

    Thank you for explaining that Jimmy Kimmel, now it’s much clearer. The good news is in answering your lawsuit questions, you won’t be on TV. And it’s not likely Jimmy Kimmel cares about the issues in your case; so relax.

    YOU HAVE TO SWEAR TO YOUR ANSWERS – REALLY, I SWEAR !

    These interrogatory questions require answers you will swear to so make sure you think before answering. Of course some don’t require much thinking. Like the ones that ask for your name, age and dependents. Then there are others that have moderate levels of thinking, like tell us about your work and educational history. And then there are those that take a lot of thinking, like how did you get injured and why do you think the guy you sued is at fault? Of course your lawyer should help with answering the tougher questions. If they don’t help you, then fire them and get a new lawyer; one that actually works.

    GROUPING QUESTIONS INTO BUCKETS

    These questions have answers that go into four big answer buckets.

    Bucket One: How did the accident happen? (This is the liability bucket.)

    Bucket Two: How bad were you injured? (This is the damages bucket.)

    Bucket Three: Tell us about yourself? (This is the, who are you bucket.)

    Bucket Four: Have you ever done anything bad. (This is the help me make you look bad to the jury bucket.)

    So how do you answer these questions?

    1. Truthfully.

    2. Accurately.

    3. Completely, as is possible with available information.

    4. And precisely.

    Now truthfully means you tell it like it is, without drama and without being deceptive or cute. Accurately means you provide the amount of detail available to you. Completely means if all you have to do is read a tax return to get the information, and you have the tax return then you dig it out of the closet and provide the necessary information or you provide the tax return and say, “See the tax return attached.” Precisely means you need to read the question asked and answer that question; not the one you’d like them to ask but the one they did ask.

    We can’t talk about answering questions without visiting Bushisms.

    "I promise you I will listen to what has been said here, even though I wasn't here." --at the President's Economic Forum in Waco, Texas, Aug. 13, 2002

    "You teach a child to read, and he or her will be able to pass a literacy test." -Townsend, Tenn., Feb. 21, 2001

    "Tribal sovereignty means that; it's sovereign. I mean, you're a -- you've been given sovereignty, and you're viewed as a sovereign entity. And therefore the relationship between the federal government and tribes is one between sovereign entities." --Washington, D.C., Aug. 6, 2004 (Watch video clip)

    "I couldn't imagine somebody like Osama bin Laden understanding the joy of Hanukkah." --at a White House menorah lighting ceremony, Washington, D.C., Dec. 10, 2001 (Listen to audio clip)

    "You know, one of the hardest parts of my job is to connect Iraq to the war on terror." --interview with CBS News' Katie Couric, Sept. 6, 2006

    That last one is really about truthful deposition answers so keep it in mind for a later blog post.

    THE ENEMY TO ANSWERING INTERROGOTORY ANSWERS

    Your enemy is procrastination. Don’t delay in answering the lawyer questions. Sit right down on the day you receive them and begin to jot answers down on the paper. Don’t let the words confuse you. Read it and ask yourself, “What is the main point of this question?” Get as much done in one sitting as you can and then call your lawyer’s secretary to set up an appointment to go over your answers. The lawyer will help you finish adding to the answer to make it complete. Before you do the sit-down-with-your-lawyer you should review and add information several times over that first week. I realize the questions are hideously complex or confusing, but do your best. Don’t worry so much about all the verbiage; focus more on the import of the question. Most lawyers can’t ask a question straight up because there are so many times when they did and the other side didn’t give them information they claimed was outside the scope of the request. So instead of asking, “What medical bills did you get from your injuries in this accident?”, they will ask much more involved question with nine subparts and in a way that only a Judge could understand. Hey I do it too, we have to or else those dastardly defense lawyers will play the word game.

    A BETTER DEFENSE LAWYER

    If you want my opinion I think Marina Orlova, Hot-For-Words would have made a good defense lawyer. Her Russian accent would have been more enjoyable to listen to than most defense lawyers I come into contact with. I’ve never read the Nerd Word of the Day, anatidaephobia in interrogatories, and my guess is neither has your lawyer. But you could really shock them by writing into your answer that you give to your lawyer. If you wrote one big word into your answers it would make the lawyer’s job more enjoyable.

    HELPFUL AND NOT-SO-HELFUL PHOBIAS FOR WRITING INTERROGATORY ANSWERS

    Most people when reading interrogatories for the first time experience atelophobia. (Fear of imperfection.)

    Many people when reading the interrogatory asking for the amount of damages suffered develop arithmophobia. (Fear of numbers.)

    The first time you meet the adjuster you’ll likely suffer from autodysomophobia or blennophobia. (It’s the fear of one that has a vile odor or slime.)

    It’s alright to have hippopotomonstrosesquipedaliophobia when answering interrogatories. The shorter the words you use, the better. You don’t have to use long words; you don’t even have to appear smart. In fact the dumber you are the better; remember who it is you’ll be dealing with. Just be straight and honest, accurate and complete. Do not succumb to logophobia or kakorrhaphiophobia, because your lawyer will help you with the words you don’t understand this will assist you to avoid failure.

    Having a healthy dose of mythophobia (fear of myth or stories or false statements) is helpful.

    Next time I’ll talk about your frame of mind before the deposition, but until then read the works of Devon, Rick, Wayne, Mike, Pierce and I about all those common questions you have.

    Amy Winehouse - Procrastination

    Join these lawyers for more on commonly asked questions that clients ask.

    Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton


    The Series on Client Commonly Asked Questions:

     I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

    What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

    Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

    Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

    Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

    Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

    What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

    What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

    What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

    What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

    Do I have a good or a bad case?, Devon Glass, September 24, 2009

    What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009 

    Interrogatories: A Written Deposition , Devon Glass, September 30, 2009


    Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


    9/24/2009
    Steve Lombardi
    Comments (0)

    Stop, Look and Listen: There's a train coming down the tracks!

    On August 25th 2009 66 year old William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. The Keokuk Police Department says that the accident happened at around 4 o’clock but is unsure of the circumstances surrounding the accident. The train, a Burlington Northern Santa Fe, was carrying a black box and officials will be able to determine how fast the train was going at the time of the accident. The investigation remains open and ongoing.


    Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )


    9/21/2009
    Steve Lombardi
    Comments (0)

    Iowa Freight Train, Stop - Look & Listen

    On August 25th 2009 66 year old William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. The Keokuk Police Department says that the accident happened at around 4 o’clock but are unsure of the circumstances surrounding the accident. The train, a Burlington Northern Santa Fe, was carrying a black box and officials will be able to determine how fast the train was going at the time of the accident. The investigation remains open and ongoing.


    Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )



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    I-35 I-80 I-235 I-380 Collisions/Accidents

    Recently, while behind a moving vehicle that had to stop quickly, my 16 year old daughter lightly hit the rear end of the vehicle. There appeared to be no damage to either vehicle but my daughter gave the other driver her name, phone number and insurance info. Later that day the driver called and said that after she washed her vehicle (a 2004 black Malibu) she found several scratches that she says has to be from my daughter barely hitting her. She now wants us to pay for the damage. She says she has an estimate of $350.00. What do you advise us to do?

    Wrong-way Interstate and Highway Collisions in Iowa

     What are the causes of wrong-way drivers, aka “ghost riders”?

    What else needs to happen to reduce wrong-way collisions?

    How can drivers avoid wrong-way driving?

    Pedestrian Collisions Causing Injury and Death

    My mom was crossing street in crosswalk. She was one step from stepping UP on the curb when a car came around the corner and struck her. She seriously injured and taken to hospital. She suffered severe brain trauma and was in ICU for 5 days before we had to let her go. The police said they did not drug or alcohol test the driver. Isn't that a law in Iowa to make sure they do that?

    How can a pedestrian avoid being hit by oncoming traffic?

    Car and Tractor Trailer Accidents

    My son had his drivers license pulled in the state of Iowa. He was living there at the time. He said it was pulled due to having possession of marijana. I would like to know more about the charges and if there is a fine we can help him with to get this behind him. Is it best to hire an attorney to do this, as I am not familiar with the processes involving problems with police or criminal acts.

    In March of 2007 I was the victim of a hit and run. I was driving and was hit on the driver's side by a car going approximately 90 mph according to the police. My head hit the door post, my face broke out the door window, My car was spun around and slid on its side about a block before coming to rest. I remember very little of what followed. I was taken to hospital by ambulance on a backboard and wearing a collar. They paid little attention to me over the next 3 1/2 hours except for taking some xrays. Then they sent me home. When my family and friends objected to this (they were worried about my head) the staff refused to do a head CT and sent me home anyway. By the next day my head, face, neck, shoulder, arm, ribcage, etc was swollen and bruised. My balance was off and I was having trouble speaking and focusing. When the swelling went down I had a facial palsy along with misc other problems. I have seen approximately 17 different doctors, I've been to Mayo Clinic and U of Iowa hospital. I had a CT about a week after the accident and was told it was normal but many doctors have said I have skull fractures, lesions on my brain from bleeding, my brain is twisted in my skull, my cerrebellum is fallen and pushing on my brainstem. I may have fractures of my C1 and C2. My right vertebral artery isn't working right and my basilar artery is kinked. My symptoms include facial palsy, vision difficulties, my tounge goes numb, I stop salivating, I bite my lips and toungue due to loss of muscle control. I also have a headache on the left side only most of the time, if I look up or tilt my head back I pass out, my left arm is weak and I have loss of feeling on my entire right side. I can't think straight, I can't multi-task, my speech is affected and I drool on myself. My balance is off so I fall alot and am always bruised. Trying to compensate for my balance issues has caused my knees to dislocate. I get nauseous alot. They say that in addition to the nerve problems there is also a vascular component. I'm told I will be like this now for the rest of my life. I lost my job, I had to take out my pension and lost alot of it due to my age (52) and am now on Social Security disability. I have been told by doctors who failed to document it that I should have been hospitalized and put in a HALO. I had an unstable neck injury that is no longer fixable without killing me. None of the hospital records agree. The nurses contradict the doctor who contradicts the EMTs who brought me there. And the EMT report said the damage to my vehicle was minor but my vehicle was totaled and the police report said there was more than 5000 dollars worth of damage. I just found out last summer that the hospital refused to do a CT and that I only saw a doctor for a couple minutes all the time I was at the hospital. My memory is effected by my 'minor' brain injury. Do I have a case? Is it too late? The kids who hit me were gang members who were shooting at each other while driving. They have nothing and will always have nothing.

    I was involved in a car accident that was the fault of the other driver, I was driving under suspension at the time will this hurt my settlement with the othe drivers insurance company?

    Large Damage, Major-Serious Injury and Death Cases

    Police Brutality: My son was exercising visitation with his daughter; there were NO legal custody papers at the time. A sheriff deputy came to the house, told my son he had to give the child to the mother. Witnesses say my son didn't say a word but turned and walked back inside the house. As he turned to go back in the house the deputy grab him from behind, punched him 3 times, pushed his head onto a 4x4 post, threw him to the ground, handcuffed and arrested him.  I tried to get my son out of jail that night; I took 3 witnesses with me stating my son had done nothing wrong, he hadn’t even spoke a word. The jailer refused to release him until the next morning. I have pictures of some scratches and a black/blue eye. In the weeks that followed my son was charged with disorderly conduct which was later dismissed due to 'in the best interest of justice'. We file a complaint about the assault but the County Attorney did nothing with filing charges against the officer. Several months later the deputy was fired for aggressive behavior. Do we have a good case against the county? And how do we find a good attorney to take it?

    Will the police conclusion of an accidental shooting preclude a civil action?

    I was in a fight with a bouncer and arrested for assault and disorderly conduct. The assault was thrown out but now they're coming after me for restitution due to medical bills the 'victim' suffered, yet he was uninsured and didn't file a worker's comp claim. Am I responsible for this as it would've been covered under worker's comp in Iowa? How can pecuniary damages be determined if he didn't follow the victim's compensation fund's own criteria of being a source of last recourse to establish if I even owe a dime?

    Cheerleading Safety and the Law of Cheerleading

    My mother is severely over weight and I am 18 years old and i take care of her back in August of 2009 she told the doctor that she is unable to come up and see him and he kept treating her to take away her medication and in December 2009 we finally convinced him to come to our home and see her well since then he is now trying to force her to go to a nursing home after he told her it was her choice and she has told him she doesn't want to go she is satisfied with the care I provide her and now he is refusing to refill her medicine and threatening to turn me into DHS can he do this i need help bad.

    Are there any safety standards for high school and college cheerleading coaches?

    Is cheerleading a contact sport?

    Workers' Compensation

    My husband was involved in an auto accident while driving the co vehicle, the accident was not his fault. They made him do a post accident drug test and he failed. They fired him, but he is still under the doctors care from the accident. Is it legal to be fired until released?

    I was buried in a man hole it was not up to osha regulations I have an attorney for my bodily injury but do not know about what to do about the company not following regulations and myself getting injured? I broke my collar bone and have had two surgeries. this is pretty much destroying my life since I can not work and am only getting 140.00 a week. i have lost a lot and new legal guidance

    Was injured at work, can my employer take away my vacation hours banked up while I am on workers comp awaiting surgery for a broken heel for payments for health insurance plan?

    What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

    Is it legal to perform a tubal ligation without written consent?

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    What is uninsured or underinsured motorist coverage on my auto insurance policy?

    What are some of the things I’ll need to prove a car accident claim?

    If I wasn't wearing a helmet during an accident and suffered traumatic brain injury, will I be precluded from recovering money damages?

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    If a construction worker falls to his death, what if anything can be done legally?

    There is a stress tag on the lanyard I use on the construction site. What is it for?

    Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

    Injury Caused by Property Defects

    My sister was dancing in a casino banquet room where a band was playing. She slipped off her high heels and was dancing barefoot. She cut her foot on a small piece of glass. The casino staff was very attentive and took care of the cut and asked her to go to the ER. She did not go that night but decided to go in the morning as the cut felt worse. The ER staff removed a small piece of glass from her foot. She has sent the first bill from the doctor to the casino whom told her that they would pay for it no problem and that the check was in the mail. Three to four weeks have gone by with no check. She has since received another bill from the hospital. Now the casino said that because she was barefoot it was not their fault. A friend of hers who is an employee at the casino told her that the next day after the incident the casino had posted a sign saying to keep your shoes on at all times, or something to that effect. She lives in Illinois but the Casino is in Iowa. Is the casino liable?

    If you belong to a club and besides dues they are assessing members $3,500. They say you can pay the assessment in 85 dollar monthly installments. If you quit the club in two years are you liable for the rest of the assessment?





     




    Injury happens on your property -  A 15 yr old's father gave permission for his son to snowmobile @ our house and he wrecked my snowmobile after he had received instructions along with others. He caused around $10,000 in property damage and his father said to send him a bill, I don't want to but this boy was also hurt and had surgery on his hip. Am I liable?

    Tenant-Landlord Relations

    On Jan. 6, 2010 I was checking my mail and then went to walk down the front steps leading to the sidewalk to get into my vehicle. My landlord had not shoveled snow or ice off the sidewalks or walkways all year. I fell going down the steps and broke my arm. The landlord said I need not pay Jan. rent for pain and suffering. I received a bill from the ambulance service and the landlord said I didn't need to pay this months rent(March. I told him I needed the name of his insurance company and he said he does not have insurance. He has stated to me that the next tenant that tries to sue him will be evicted. What should I do. I am on disability and would like some answers. It appears that I may need physical therapy. Any assistance you can provide will be appreciated.

    Must we return a rental deposit if the property burned to the ground?

    My wife wants a seperation, i told her thats fine but im not leaving the house who has to leave?

    MOTORCYCLES, TRUCKS AND AUTO WRECKS

    After the wreck the other driver admitted it was his fault, but now he's recanting! Can he do that?

    WORKPLACE INJURIES

    If I'm hurt at work what benefits am I entitled to receive?

    Why is it important to tell my supervisor about being injured?

    I injured my shoulder on the job six months ago. I am scheduled for surgery. I would like to know what the proper procedure is for dealing with work comp. What I am entitled to in Iowa formula weekly while out? I also have been told that I probably will not be able to go back to the same work. Will I receive a settlement and how should i go about this in legal form would like to prevent the war of work comp.? Thank you for your reply.

    WHAT IS FAULT AND NEGLIGENCE?

    School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction?

    How can you prove fault or negligence against a railroad? The train was stopped for a long long time and I ran into it. Are they at fault for blocking the roadway?

    Can an 8 year old be found to be negligent?

    PROPERTY CASES

    I purchased a Mini Dirt Bike from a Dealer on payments. My son rode it 2 times. Now it will not work. If there is not a contract should they have to give my money back?


    My car was parked on a city street, and hit by another driver. The car was totaled, and I'm currently trying to deal with her insurance company. They won't give me the value of the car that I have asked for. They have given me a rental car for the meantime. Can they take it from me if we haven't settled? I was not in the car when it was hit, however, the accident caused several days of emotional distress. Is it possible to sue in small claims for this even though I was not physically injured? Thanks.




     




    My car was legally parked at a park and ride in Iowa and I returned to find it totaled. We found the suspect vehicle and it was reported stolen shortly before it hit my car. Who do I go after for damages? Can I go after the owner of the vehicle that had hit mine? I only had liability insurance.

    TRIAL PRACTICE

    What does it mean if your case is hereby dismissed for want of prosecution, pursuant to R.C.P. 1.944?

    How can I make my civil trial practice more effeciient during the initial interview process?

    How can I find the name of a small business owner who's closed but never delivered furniture I paid for?

    DEFAMATION - LIBEL AND SLANDER

    My City clerk has been giving my name out to residents angry they have to actually obey the laws. It stems from complaints and contact from Ombudsman, which I contacted. She has been telling them 'well you can thank xxxx for you getting fined'. Since this I have been vandalized and recieve hate mail. Is this defamation or public information?

    A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?

    My ex-boyfriend is threatening to release a very sensitive and privately made video tape and is refusing to destroy it or to cooperate with it's destruction. He has even threatened to show the contents to others. What can I do to protect my privacy?

    BEING A CLIENT

    What are ALL of my rights as a teenager? What choices can I make with out parental input?

    I live in Iowa and have a "common law" marriage. What steps do I need to take to divorce my husband.

    I am a recently seperated mother of2 and my soon to be exhusband has the children living with him. there is no court papers at all on custody or visitation filled. we ha arranged for me to comepick up my children this weekend but now my soon to be exhusband is refusing to let  me see them and take them for no reason. wut can i do?

    General

    Where can I contact Miller Fall Protection?

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