Wedding Day Turns Ugly with Limo Crash

No one plans to add limo accident to the wedding plans. But they do happen. This is the second one I've seen in my legal career.

Personal Injury News, from around Iowa for March 7, 2011

Mondays are either slow on PI news or like today filled with news stories with different fact patterns from the PI world. It has been an interesting news weekend to say the least.

Iowa Personal Injury News for February 22, 2011. Pedestrian, collisions and house fires

There are several interesting stories out there including two hit-and-run collisions. The southbound ramp at Euclid and I-235 was closed on Feb. 18, 2011 due to a collision. Accident occurred at around 7:15 a.m. perhaps it was rush hour. How did that happen? And in Des Moines a man riding a bicycle with no reflector, dark clothing was struck by a Ford Crown Vic driven by a 56-year-old man. The cyclist was swiped from behind and taken to Mercy Children’s Center on Saturday night. The cyclist wis James Mohler, 18. The man driving the car claimed to not have seen Mohler due to darkness and the failure of Mohler to use clothing and reflective tape to make him more visible after dark. I wonder if any check the driver’s vision to see if it is impaired in any way. See Car strikes, injures nighttime bicyclist, Register.

Iowa Personal Injury and Property Damage News of Interest

In Pittsburgh a 4-year-old girl copied what she saw on Toy Story 3 where in the movie the kid puts a Mr. Potato Head eye piece in their nose. This young girl did it with a battery. She required surgery to remove it. The battery was a small shiny little battery as small as a thick button. This is an indication parents need to warn their children about copying what they might see in the movies and what it can do. There is video available from Channel 4 Action News in Pittsburg.

A corn bin in Rippey, Iowa caught fire and burned 100,000 bushels of corn at the Heartland Co-op. They aren't sure of what to do with the damaged corn. How about giving the popcorn to all residents?

Looking northeast to Dubuque, Iowa one person died and another was injured when a vehicle collided with a tree and then into a home. Police were summoned to 2715 Windsor Avenue Friday night after 11:30 p.m. I'll guess they are awaiting blood tests for alcohol. There is no ISP crash report yet.

A car driving on I-35 near the Huxley exit to Highway 210 suddenly started driving erratically, went off the Interstate and rolled. She had to be extricated. Video and photos are available; just follow the link above. It makes me wonder, what was the distraction or the defect in the car?

If all of this isn't enough personal injury news here is another toddler story from Milwaukee. A 3-year-old boy left by himself was seen handing out of an apartment window. The police had to break down the door. Mother came home about 10-minutes later.

A 2-year-old from Cresco, Iowa that was thrown from a buggy died of the injuries. The horse got spooked as the father was unhitching it. I've previously reported on this accident.

In Waterloo, Iowa two children were rescued from a burning home. It's that time of year for the furnaces to start again. As part of your fall checklist you might add check the batteries in all smoke detectors along with change the furnace filters and get the furnace serviced.

Iowa Personal Injury News – Question of the Day for November 1, 2010

Fall is fallen on Iowa and the leaves have not just turned but the trees are about half or more bare. We may have left October but certainly not the personal injury news all across Iowa. With people hurrying around it seems the rate of accidents will increase. Before we completely leave October let’s clean up a few news reports with a pi slant.

Personal Injury News, from around Iowa

In Burlington, Iowa a corn snake called Naja has died after living 45 years. Naja was kept in a science class at Horace Mann Middle School. The science teacher, Joe Desy wrote an obituary for Naja and noted that it, he or she, you pick, lived in the classroom from 1972 until 2002 when the teacher retired. The Register noted, "Desy wrote in an obituary that Naja's early years were spent ridding Iowa farmlands of small rodents. At about the age of 8, the snake came to the school and was "resident reptile and teacher of all things good and true about snakes."

In Fairbanks, Iowa there was a fire on October 7^th that caused a property loss at a manufacturing business. The investigation concluded that a 4-year-old boy playing with a "small torch" had been in a storage area getting firewood when the fire began.

And in Atlantic, Iowa a combine caught fire and a 59-year-old man, Mark Brown died. There are few details about how the fire started, why Mr. Brown wasn't able to get away or whether there was a malfunction of the engine. For those of you who don't know what a combine is, it's a large piece of farm machinery, which is driven in the fields and harvests corn, cotton and soybeans. Combines are extremely expensive pieces of machinery costing well over $100,000 to probably over $250,000.  If you're interested in more you can visit John Deere University online. Having grown up in Rhode Island I have always been fascinated with farm machinery. I've never been able to figure out how to make money at it, but it's a fascinating profession. 

Apparently an angry mom fed hot tortillas to her son and has now been charged with child endangerment. The things we do for love.

Iowa News about Personal Injury and Workers' Compensation

A KCCI-TV newsman was shot at by Des Moines Police officers when they responded to his call for help because a man was throwing rocks at the building. The officer failed to ask the newsman, who stood there talking on his cell phone, to identify himself and to confirm he was the suspect they were looking for. Luckily for this photojournalist, Spencer Vaughn, the police officer wasn't a very good shot and instead hit a light post. The man throwing the rocks appears to have mental health issues.

In other action the Iowa Alcoholic Beverage Division revoked the liquor license held by a grocery store after a man was shot and killed in the parking lot of the store. That's fast and unusual in that no hearing was held to gather and to evaluate the evidence.

In Waterloo a woman was sentenced to one year in prison for Medicaid fraud. The report states she submitted more than $43,000 in claims. The claims spanned from October 2004 to January 2009.  The Judge ordered her to pay restitution of the stated amount.

Iowa PI News Compendium

Every so often The Iowa Edict provides a sort of compendium of current Iowa personal injury and property damage news in what I refer to as a compendium of recent Iowa personal injury news. The idea is to provide a shorter version of available stories to personal injury lawyers and those engage in law suits involving personal injury or workers’ compensation.

A little bit of this and a little bit of that. Iowa PI News

Today we cover news from around the state, some old and some new. The Pella swimming pool drownings continue to be newsworthy, a UNI worker fell off the dome roof; Clarke County Democrats are working to replace Ron Wheeler, the list of State settlements for PI cases is out and there is more; so join us today to read about Iowa PI News.

Is it lights out for the City of Pella Pool Party?

The City of Pella won its lawsuit against Central Electric, Co. but in this case, that win is going to prove to be very expensive. The Knoxville jury came back with an award of $788,000 for damages having to do with the breach of contract claim over the lights, wire and encasings.

Did texting while driving kill this Iowa teen?

Evidence at the crash site shows texting killed this Iowa teen. A 17-year-old from Iowa has died from a single-vehicle accident caused by her being distracted with texting at the wheel. She was running an errand when the accident occurred. She was from Mechanicsville, Iowa. Texting while driving is not much different than driving while under the influence of alcohol. The driver was a very pretty young lady. You can see her photograph at Teen was likely sending text message before fatal crash. The accident happened on Yankee Avenue. The car was heading southbound when she lost control, entered the west ditch, overcorrected and rolled. I’ve written extensively about this subject and wonder who the other person was who was being texted?

July 2010 - Iowa News Roundup

We have so much personal injury news in Iowa that's impossible to get very deep into any one story. So today we will do the Iowa News Roundup.

There is no explanation given in the news article for why Robert J. Yanke from Plain, Wisconsin would have driven his motorcycle south on Wisconsin 133 and into a rock wall at the point where it intersects with 130 in Clyde. The Iowa County Sheriff's Office investigated the accident.

In other personal injury news a multiple car collision on I-35 near Ellsworth closed all lanes, both north and south. The Register reported the closing affected travel between exits 128 to 133. KCCI has video and a story, just follow the link. The KCCI story has a better description including that a UPS semi truck rear ended a car; another car spun sideways and ended up underneath a tanker truck. That car ended up without a top. The interstate road system is a different accident milieu than is the state highway system; in that the higher speeds result in many different more severe collisions.

A woman selling magazines was allegedly sexually assaulted in a potential customer's home in Des Moines. To date no charges have been filed. The story is on Thursday July 8^th and the date of the alleged assault is Wednesday, July 7^th. There is a home address given but without more I'm not printing it. The purpose of this story being mentioned is to suggest workers can purchase workers' compensation insurance coverage for themselves when running a small business. It's affordable insurance and can go a long way towards paying off should something like this happen to you. See your insurance agents for a quote. Police: Woman Selling Magazines Sexually Assaulted.

An Iowa worker died after he fell from a ladder at Latham Hi-Tech Seeds in Alexander up there in northern Iowa. Worker Dies After Ladder Fall, KCCI I have covered ladder safety on the Verdict previously.

Clive Police are having issues with fights outside Club Amnesia, 2249 NW 8^th Street where Crush was previously the business. Fights Escalate Outside Night Club. This won't last long before the City of Clive pulls their liquor license. If the owner can't control the patrons the City of Clive will. Video available by following the links.

A motorcyclist on I-35 ran into the rear of a stopped car just north of Ankeny killing the 20-year-old rider. He was heading southbound around 5:00 p.m. What this crash teaches us about I-35, I-80 and I-235 is that around this time of day its rush hour and everyone needs to show more caution while driving. Motorcyclist dies in I-35 crash

Accidents slow traffic on I-35 north of D.M.

An additional report on the Bellevue, Iowa parade horse stampede indicates a second person has died. The decedent was 82-years-old and a passenger on the wagon. It's going to be interesting to see how this community reacts to this incident and how other Iowa towns will deal with regulating parades and spectator at parades. It will be interesting to see if the reaction is like the county refusing participation in Ragbrai because of the lawsuit filed by a window whose husband died after his bike tire stuck in a rural road rut causing him to crash.

Roxanne Conlin faces a race for Governor and another to hold onto her share of the $75 million in fees from the Microsoft case. Seems there's a dispute with someone over their being paid a portion of this sizeable war chest. The article says she split some of the fees with two Minnesota attorneys; no Iowa law firm is mentioned as having been included in any fee split. How does someone not include Iowa lawyers and then seek political contributions from lawyers? It'll be interesting to see how well the fundraising goes with Iowa lawyers.

An Iowa campground with a camera in the women's restroom is causing controversy in Winneshiek County. Oops! Here is a quote from the story: "Police said the camera was positioned in the Kendallville Campground's women's bathroom. Campground guests who have used the women's restroom area from 2007 until the current date are encouraged to call the Winneshiek County Sheriff Department at 563-382-4268 or e-mail a typed statement, including your name, age, address, current telephone number, and any specific dates and times to: lgoedken@sheriffwc.org"

A newspaper delivery person discovered a car crash in the westbound lane of 7400 block of Bluff Drive in northern Polk County. This is a single vehicle car crash that has yet to be explained. Eighteen year-old Tim Hartnett of Bondurant was killed. The news carrier discovered him around 4:17 a.m.

If You're In Legal Trouble Over Financial Matters, Get A Lawyer

Medicaid is a medical program for those who are poor, have no insurance and meet the program qualifications. A woman in Waterloo, Iowa has pleaded guilty to filing $43,000.00 in false claims from 2004 to 2009. Apparently she used someone else’s name and provider number. Medicare and Medicaid false claims are a crime. This kind of fraud has been found in the past involving medical service provider and patient. If you are a hospital worker and know of such systematic fraud you can be financially rewarded for turning in those involved. Call us if we can assist you. It’s called a qui tam action (also known as the False Claims Act) and has been a part of the federal law since the civil war.

DOT Worker Struck While Crossing the Street in Ankeny

In today's post we discuss personal injury news from around the state. Included is the story about the Iowa DOT worker hit while crossing the street during his work hours, a motorcycle accident caused by a mattress flying out of the back of a truck, a news reporter missing in Montana after a plane crash and first-degree murder charges being made against a 14-year-old boy after another teen was shot and killed.

Wellmark BCBS may owe you money

Iowan's insured by BCBS may be eligible for some money. BCBS's computers don't seem to know left from right and have been denying claims due to a mix up.

Iowa No Snooze News Roundup for May 15, 2010

I begain practicing law in Waterloo, Iowa in 1981. One thought I had early on was that people would wise up to how easily it would be to not get hurt or to not hurt someone else. Back then I figured it was only a matter of time before I'd be looking for work. As today's post shows there is no possibility that any personal injury lawyer can not find work.

No Snooze News from Iowa – This weeks PI roundup.

Today, we are covering Iowa personal injury news that is current. It includes 16 meatpacking workers suffering from breathing anhydrous ammonia, a Des Moines Register reporter who was assaulted while investigating a story, the 11 Mennonite Community members who died in a van-truck accident, a Q&A from a reader some issue with a Drake Building being evacuated and then a few corrections to clean up what we've posted.

Iowa and Midwest News for the Day - PB&J's and Lefty-Righty School

Today’s blog is about a little bit of this and a little bit of that. If you think personal injury law is boring then you don’t know the business of law or haven't met the people involved. No one can say that practicing personal injury law isn’t interesting, because it is never the same set of facts. Today we will see a myriad of factual puzzles presented by the American public as they get into situations causing injury, death and damage to themselves and to others. I get to blog about peanut butter and jelly sandwiches, animal body parts, an aspiring actor, due-it-yourself veterinary surgery, some of the dangers of being a fireman and how not to be a do-it-yourself-lawyer.

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.

Is USA Today accusing doctors of defrauding Medicare?

Traditional paper news sources are having financial troubles.

Blogging Stocks, The first big bankruptcy in newspaper industry?

The New York Times, Tribune Files for Bankruptcy

Washington Post, Debt-Saddled Tribune Co. Files for Bankruptcy Protection

What appears to be an effort to combat declining readership some newspapers will print just about anything they believe to be popular, even when the article makes no sense factually.

The USA Today in a recent editorial suggests lawyers force doctor’s to practice defensive medicine. That couldn’t be further from the actual truth. Lawyers don’t practice medicine, only doctors are licensed to do so. When doctors aren’t sure of their diagnosis they continue to do what is right for the patient, and that may actually require additional testing. That has nothing to do with the lawyer, but with practicing good medicine.

Here is the irresponsible statement in the USA Editorial:

The liability system is too often a lottery. Excessive compensation is awarded to some patients and little or none to others. As much as 60% of awards are spent on attorneys, expert witnesses and administrative expenses.

I have only one thing to say to that: Horse hockey! Prove it. It's easy to spout off statistics without putting a face on the facts. Who are these doctors you accuse of fraudulent medical practices? If they exist then name them.

If doctors are being forced to over doctor patients then why did the Institute of Medicine find that 98,000 people each year die from preventable medical errors? Why is it that medical errors, the nation’s sixth leading cause of death, kill more people annually than auto accidents or guns? It’s isn’t lawyers forcing the medical profession to spend money the way they do. We aren’t sitting in the finance department.

What’s bothersome about this allegation is that it accuses the medical profession of ordering unnecessary medical tests then billing insurance companies, the States through Medicaid or the federal government's Medicare program in a fraudulent manner. That’s not fair to the medical profession and makes them appear to be a bunch of liars and cheats.

I know it’s difficult to sell newspapers today but that’s no excuse for practicing irresponsible journalism. If you want to sell newspapers then do some investigative journalism like these television news organizations.

Medicare Fraud Whistleblowers

Medicare fraud part one (of three)

Medicare fraud part two (of three)

Medicare fraud part three

In Iowa the Lombardi Law Firm handles whistleblower cases and defamation cases against irresponsible news organizations.

Construction Site Safety - In the news, worker deaths on the rise.

Construction accidents resulting in death have been more numerous lately. It may be a result of safety rules being ignored due to tighter deadlines resulting from the economic conditions we find ourselves. It doesn't matter in what countries the workers work the risk of death, wrongful death or being killed are prevalent in this high risk profession. People who come into contact with construction sites and those supporting the construction trades are also at risk.

Plane crash - 6 workers died on their way to the Plutonic Power Corp's Toba Inlet hydro power plant in South Thormanby Island, British Columbia. One worker miraculously who was asleep awoke and walked away from the burning plane wreckage. This is the second Grumman Goose plane to crash in Canada this year. Reuters of Canada also reported on this construction crew plane crash.

Heavy equipment overturn - A Colorado heavy equipment operator was killed when the crane he was driving went into a small ravine and creek near the construction site. Nov. 18, 2008. A video is available.

Second floor collapse while pouring concrete - Two workers rescued from under the ruble of a hospital construction site in Meridian, Mississippi. There were 12 to 15 workers on the floor when it collapsed. No fatalities reported.

Balance lost while installing windows on the seventh floor fall kills worker - While installing windows on the seventh floor of the construction site the worker lost his balance and fell to his death.  

Road construction worker hit by passing dump truck - Five years ago this occurred in Vineland, New Jersey. The driver of the dump truck has never been found.

A LeMars, Iowa construction worker was killed with a steel beam fell on him -  A 21 year old Storm Lake, Iowa man was killed.  S & L Construction of Storm Lake is building for Center Fresh Egg. Iowa OSHA is inspecting. In Iowa they are called IOSH. The worker is Jose Gustavo Sivrian, originally from El Salvatore.  The accident is being investigated not only by OSHA but along with the Plymouth County Sheriff's Office.

Subway collapse in China kills 4 workers - when a 75 meter long section collapsed trapping the workers. This is the Railway Construction Group.

Landslide at the Johor Baru construction site - killed two Indonesian workers who were building a hospital with their crew.  There is no mention of whether the construction practices being used at the site contributed to the earth and dirt instability.

Wall collapse in New Delhi, Indian killed one and injured two construction workers - Allegations have been leveled against the owner over illegal construction of the first floor level.

Dismantling a crane lead to a guardrail being cut on a platform attached to a tower crane - This New York construction site mishap caused the death of one worker and cost the two crane operator $50,000.00 and suspended licenses.

Hoisting materials and being under the load - This construction worker at a site in the town of San Pedro was killed when the pulley broke and the pallet of materials fell onto him. He was crushed by cement and tiles.  The investigation is pointing to defective nails used to secure the pulley to the fourth floor of the building under construction.

Exploding inert gas cylinders at a UK construction project kills one worker and injures another - "The blast at the Hertfordshire Data Centre on the Mundells Industrial Estate was described by fire officials as a "large scale incident," which investigators say was caused by a cylinder of argonite, (sic: perhaps aragonite) an inert gas used in data center fire suppression systems." Once ignited the cylinders became missiles firing and randomly flying about the site.

Lawrence, Massachusetts road construction site backing over accident kills a worker - at a highway paving project on I-495 a 31 year old worker was backed onto by a truck on the site. 

Equipment falling into trench as the ground under the excavator moving the heavy tank falls gave way or the equipment simply tipped over onto the worker burying him within the excavation.

Chula Vista construction worker killed by falling beam from crossbeam holding a wall - demolition work to make room for a new San Diego convention center.

Cab passenger driving past a construction area was killed by 200 foot high falling crane - Only 30 years of age and a promising life killed when the mast popped off and fell.  Follow the link to see photos of the construction area following the collapsed crane.  Also killed was a construction worker. Defective bolts could be the cause of the crane's mast coming off.

Repairing construction equipment kills worker when equipment pins him -  Grinding wheel of a large wood-chipping machine clogged, worker idles the engine, but didn't shut if off, worker in the repair process inadvertently engages lever that operates the chute, causing the chute to move and pinning the worker against a steel wall resulting in his suffocating to death.  The worker was 58 years of age.

Home under construction in Miami, collapsing concrete wall kills one worker and traps another for almost one hour.  Victim was 49-years-old.

U.S. Department of Labor indicates that in 2007 3.7 workers per one hundred thousand workers were killed.