Child’s Settlement Money: Where did it go?

What can I do if my parents spent the settlement money I was paid after an injury accident when I was a minor? Attorney Lombardi discusses your legal options.

Iowa Electrocution Attorney

The electrocution cases I see as a lawyer are mostly from construction sites; so when this one popped up on my radar screen it looked interesting.

Iowa to pay $2.1m for brain damaged boy, supervision failure alleged, whoa

Griffen vs State of Iowa is as much about a mother’s love for a son as it is about legal concepts having to do with proper supervision.

Supervision with Children is Tough

Children falling from screened or unscreened windows is a challenge for property owners and parents. Supervising an infant is challenging.

Injured Workers and their Families Need a Work Comp Lawyer

If you’re involved in work comp accident and need a lawyer call the Lombardi Law Firm website. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110.

Young children bouncing right out a second story apartment window

With young children parents always have to anticipate the unexpected. Young children, whether bouncing on the bed or climbing on furniture have fallen out open or even screened windows. In today's blog post a very young child fell out the second story window but was seemingly uninjured.

Why I have the right to file a civil law suit.

I was reading something Beth Janicek wrote, ‘About More Than Money from San Antonio Personal Injury Lawyer by Beth Janicek. Apparently Attorney Janicek’s client’s child died from an overdose of morphine from a dental surgery. It's always good to see what Beth is writing about. As for any commenter thinking this is all about money they should consider the bigger picture. The law of torts is about setting standards of how a busy and intricate society will function.

Methamphetamine and the risk of explosion.

Part of the danger of meth is that it can be made at home from household items, notably among them batteries and cold medicine. But that doesn’t mean that the process is safe – in fact, it can be very dangerous. After the pseudoephedrine has been extracted from cold pills, hydrogen chloride and ammonia is used to cook the meth.

Nanny Cams and Daycare Abuse

Here is the story from the Des Moines Register. On September 25^th 2009 police charged Melissa Watts with felony child endangerment in a case involving the brain injury of 4 month old Emiliano Ramirez of Urbandale. Allegedly, Watts is not a licensed day care provide. Allegedly, Emiliano was taken to Blank Children’s Hospital on September 15^th 2009 after his grandmother picked him up and noticed that he looked pale, further tests revealed that the child had bleeding of the brain along with retinal hemorrhages. The condition was monitored for several days before the doctors had to drill into the child’s skull to relieve pressure on the brain. According to popular theory the injuries suggest that Emiliano was either shaken or slammed into a soft surface. You can draw your own conclusions.

On the same day another baby was taken to the hospital under similar circumstances. Arayu Rieman was also charged with child endangerment following a similar investigation. Doctors discovered bleeding on the baby’s brain and additional tests found previous similar injuries that were allegedly caused by shaking and were in different stages of healing.

The question of the day is how mothers and fathers can check up on the day care caretakers or the babysitter before the child’s life is endangered? The difficulty of checking-up on what goes on in the center versus what occurs in your home are very different. 

How do you know if the babysitter or someone in your house might be causing injury to your child?

A note of caution is in order for babysitters in your home. I've seen those reports where a parent sets up a video camera and surreptitiously records the image and voice of the babysitter and catches them red handed slapping or tossing the baby around.  That may seem like an easy way to catch the sitter but it may be illegal. I have no time today to research this issue in every state across the nation, so if you plan on doing it call a local lawyer. There is both state and federal legislation on this issue involving electronic surveillance.

NANNY CAMS

Generally speaking it’s illegal to record a voice between two or more people when at least one hasn’t given permission for the recording. Normally this type of “secret” recording has the voice recorder on one of the persons; the person who is authorizing the recording. But when a camera is set up and you’re not home, then there is no person present who has authorized the recording. I know, I know it’s your home and your baby and you’ve given permission for the baby but the baby is too young to give permission and even though technically the parents may be able to give permission as if they were the child, you don’t want to be making that argument in a criminal court.  I’m trying to keep you out of criminal trouble. For you to do this you need to get permission from the babysitter or daycare center person or you need to shut off the sound recording. Another way you could do it is to have the babysitter sign a form giving permission to have their movements and voice recorded. It would have the added benefit of making the babysitter cautions that their behavior with your child may be recorded.

 

Can a 4-year-old boy move a 14 pound concrete septic tank lid?

Could a four year old really move a 14 lb. lid by himself? That is just one of the questions surrounding the death of Wyatt Smitsky who was last seen playing with his two young sisters before his disappearance sparked an 18 hour search. His body was eventually found September 5^th after searchers drained a septic tank on a property near his home in Greene Township. The district attorney is saying that it is possible that somehow 4 year old Wyatt moved the tanks lid by himself, what do you think?

The law has always fascinated me; trial work especially. One fact can change your entire perception of why or how something happened. In this case we don't know what happened but as a trial lawyer with 30 years of interviews and investigations my mind can't help but play with the possible scenarios. In this case what if the lid were just a little off center, (open just a little) the child fell in and then the owner seeing the lid, simply pushed it back into place? If that is the case then we have a whole different outcome.

Here is a second explanation that is from the bottom video tape. What if the lid wasn't secured, the boy stepped onto it, the lid flipped, the boy falls in and the lid then flips back into place? Possible? Absolutely, watch the video below.

If you have such a tank, test the lid and then secure it.

So the question remains, how did the young lad get into the bottom of the septic tank?

Here a 70+ year-old fell into a septic tank.

 

Here is another 4-year-old who was pulled from a septic tank.

Septic Tank Hazards are well known - Here the lid flipped open as the boy stepped onto it.

Iowa Pedestrian Injuries and Deaths - Update on death of infant child pedestrian

More details were given in the Iowa State Trooper report of this accident. Apparently the mother was at the mailbox on the opposite side of the street from where the child came and from their home. The driver looking out towards the passenger side, on the side where the mother stood, did not notice the small child fall at the rear wheels on the driver’s side. The child approached unnoticed by the driver or the mother. The truck was a 2001 Dodge Ram 1500 pickup truck. The date was May 26, 2009 at 1:30 pm. The location is at east side of the residence at 1207 20TH AVE S in Webster County, Iowa. The child was a 2-year-old female. The driver was administered a blood alcohol test, no results were mentioned in the report. Assuming the BAC comes back clean charges are not likely to be filed and this would seem to be purely an accident. 

This story was covered by the following news organizations.

KCCI, Fort Dodge Toddler Dies In Accident - Des Moines News Story - KCCI ...

KTIV, Fort Dodge girl dies in accident - KTIV NewsChannel 4 Sioux City ...

WHO-TV, 2-year-old Fort Dodge girl dies after she is run over by truck - WHO

Illinois legislature votes against promoting gun safety involving children

A bill before the Illinois legislature that would have expanded the law increasing responsibility of gun owners to secure their weapons from children was defeated. The law in Illinois presently allows criminal charges to be made against those who fail to store guns safely knowing a child under 14 years of age could get the weapon without the owner’s permission.

The proposed change was to increase the age to 18 years of age.

The Illinois State Rifle Association opposed the measure. The bill is HB0179 and was sponsored by Graham. An audio file of the committee testimony is available online.

House File HB0179

Synopsis As Introduced - Amends the Criminal Code of 1961. Provides that it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 18 (rather than 14) years who does not have a Firearm Owners Identification Card or who is not serving in the military is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor unless the firearm is secured. Eliminates the provision that the person who stores or leaves the firearm is criminally liable only if the minor causes death or great bodily harm with the firearm. Provides that if the minor causes death or great bodily harm with the unlawfully stored firearm, the penalty is a Class A misdemeanor (rather than a Class C misdemeanor). Eliminates the provision that the firearm may be placed in some location that a reasonable person would believe would be secure from a minor.

Chris Matthews Wants America Disarmed

O'Reilly Gun Debate

One Sided Gun Debate on MSNBC

 

 

 

 

Iowa Linn County Sheriff’s Explosives Sniffing Dog Bites Infant

The Linn County Sheriff’s Department owns a dog trained to smell out explosives. The police dog is a 4-year-old Belgian Malinois. After playing fetch in the yard of Deputy Ireland took the dog inside his home where the dog bit Ellie Ireland who is 13 months old. The injured was severe enough to have required airlifting to the University of Iowa Hospitals and Clinics in Iowa City. The incident took place on January 23, 2009 at around 8:15 p.m., the child was not released from the hospital until Sunday, January 25, 2009.

If you’re wondering what type of dog this is, watch the YouTube video clips.

Scent training – Belgian Malinois

Attack training - Belgian Malinois

This type of injury claim might be covered by Linn County's liability insurance policy or Deputy Ireland's homeowner's insurance policy. The question remains to be answered if the citizens of Linn County should be responsible for paying the child's hospital bills and other damages or if the individual officer should. It all depends on county policy and whether the dog should have been there or if Ireland was acting within the scope of his employment.

A little girl with scars on her face normally requires plastic surgery. In the Des Moines area there are several plastic surgeons.

Heartland Plastic Surgery with Dr. Cherney is located on 10611 Hickman Rd, Des Moines, Iowa 50322 who has treated our clients well.

The Iowa Clinics also has plastic surgeons of which I'm more familiar with Lester Yen, M.D., F.A.C.S. who has done a good job for some of our clients.  You can contact the Iowa Clinic at 5950 University Avenue, Suite 120, West Des Moines, Iowa 50266, (515) 875-9744.