The Lombardi Law Firm Blog

Forgiveness Has Little to Do with What’s Wrong with Bad Behavior by Police Officers

August 21, 2010 - Iowa State Crash Reports - Fatal Car Accidents

August 20, 2010 - Iowa Car-Truck-Accidents Resulting In Injury

As of August 14, 2010 - This week's Iowa State Patrol Injury Reports for Injury Accidents

Weird case because impact is made to appear slight, but death ensued

Eleven Amish Killed in Head-on Semi-Collision on Kentucky Highway

Louisa County, Iowa Crash Demonstrate Why Crappy Insurance Coverage Isn't In Your Best Interest

Distracted Driver's boyfriend lets the beans out of the bag

How much car insurance is enough coverage?

Should Blogging Be A Part of Iowa's Teen Driving Experience

Iowa Car Accident Caused When Driver Doesn't Stop for Stop Sign

Iowa's Personal Injury Accident News

A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

KWWL reports on a two-vehicle car accident south of Garrison in Benton County. The news report is slim on facts. It’s reported to be at the location of 63rd Street and 19th Avenue. One person died, although we don’t know who.

In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence.  Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames.  Intersection collisions are pretty common when it’s location is either uncontrolled or out in the county.

Road Rage Starts Before You Put the Car in Gear

This collision took place a little while ago, but I saved the news article for today's safety post. He was 42 and she 36. Their 7-year-old daughter was home while they were out riding their tandem bike along a Texas roadway. A car came up from behind and struck them while riding on the shoulder of Texas State Highway 16 in Bexar County. The accident happened at around 10:45 a.m.. The pickup truck drug the bike 200 feet from where they collided.

The police didn’t suspect alcohol played any part. They say the driver lost control of his F-150 pickup truck before veering off the roadway onto the shoulder and then striking this mother and father.

And why were they out riding? Because several years ago they were involved in another accident; a head-on collision where they almost died, were severely injured and needed to keep in excellent physical condition. The workouts helped them physically and mentally I’m sure.

The legal issues, as well as the social issues are speed, lookout, driving with due care and being a distracted driver. What’s with not slowing down as driver’s approach a slower moving vehicle or in this case a bicyclist? I’ve noted a certain level of anger displayed by car and truck drivers toward those sharing the road on a bike. It’s not just foolishly ridiculous, it can be criminal. For a second forget the people on the bike and think of the child waiting at home. Some Iowans recently started a petition asking the legislature to prohibit bicyclists from riding on county roads during the harvest. With America trying to “Go Green” to save fuel and with the economy in the tank it’s difficult to support such a measure. I think what should happen, would include people putting down the digital distractions and paying attention to their driving.

How about the driver recently charged with playing a video game while allegedly driving with his knees.

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

By the way, these two people were wearing bike helmets and it didn’t save their lives. It’s pretty sad for the daughter.

I’ve been struck by a truck while riding a bike when training for a triathlon. Here is a video example of a small motorbike-car crash. It’s pretty graphic so avoid it if you’re easily bothered by such things. The second video is a bike rider not looking where he’s going and swerving into a car’s front fender. He was lucky he didn’t get run over after the first collision. Folks give the road rage a rest. Your attitude is set the minute you get into the car. So before you put it into gear, sit for a second, relax and leave whatever is bothering you out of the driver's seat. An angry driver does rash and stupid things.

If you drive into a pedestrian you have a lot of explaining to do.

On September 19^th 2009 Lucie Sabimana veered out of control hitting several parked cars, one of which hit and injured two pedestrians, before hitting the Goodwill Industries building in Cedar Rapids. While no charges have been filed and the injuries appear to be minor, we have to wonder what caused Miss Sabimana to lose so much control of her vehicle that so much damage happened? The accident remains under investigation.

What caused this vehicle to veer out of control? What was her distraction?

Today we're on the Blues Train with harmonica players. I've reported on two train-car collisions and thought it appropriate even for this wreck.

When you're riding your bike to work, be prepared for the unexpected.

In an article in Here New Brunswick Urban Voice, called “Overcoming the fear of cycling”, Andrea Laltoo discusses being a bicycling commuter and the dangers often linked to habitual biking on the road with motor vehicles. Laltoo brings up the most asked question, "But isn't it dangerous?" which she answers “yes” but not for the obvious reasons most people assume. An obvious fact that bicyclists are not as protected as motor vehicles by seatbelts, airbags, and metal frame coverings, does cause bicycling to have a higher danger factor. Laltoo also considers:

“Cycling can even result in death (then again, so can eating a sandwich, if you choke). But is cycling along with traffic really as dangerous as our imaginations tell us "..." or is the fear of cycling an irrational phobia of stepping outside of our comfort zones?”

Laltoo then mentions another bicyclist advocate, Ken Kifer who has a website devoted to facts and details of bicyclist safety and lifestyles, as well as tips on bike safety in traffic, (see http://www.kenkifer.com/bikepages/traffic/index.htm). One of Kifer’s ideas is interesting to Laltoo, “most people are aware that flying is statistically safer than driving (when analyzing risk of fatality per passenger and per distance). Why, then, do we drive without giving a second thought to our safety and yet flinch at flying?” This idea of flying as more dangerous than driving may be described as what “Nancy S. Blum, a social worker with University of Iowa Hospitals and Clinics, cites lack of control over the situation as the number one reason her patients fear flying.”

When it comes to car transportation, drivers are given many, many hours of training to be allowed to drive, as well as have direct control over the vehicle. As for biking, one has control over the moving object, but people are not given specific and detailed training on how to operate the bike and navigate the roads on the bike.

The real facts on bicyclist injuries on the road are not necessarily due to traffic, Laltoo cites “John Forester (founder of the Effective Cycling program)” who says, “50 per cent of cycling injuries and deaths were caused by cyclist error, compared with only 8 per cent caused by motorist error”. Though this does not take away the fact bicycling is still a safety risk, it is mostly through the control of the individual biker themselves. Laltoo promotes biking as a main form of transportation as it being safe, if one takes control over their biking skills and knowledge.

With more people wanting to save money and the environment, the bike becomes a good option for transportation. But with less than adequate skills, knowledge, and experience on a two-wheeled contraption, bikers may cause more harm to themselves than they realize if proper steps are not taken.

Keep this in mind the next time you hit the road on your bike. Where your helmet and if necessary a rear view mirror. I've been hit by a truck when training for a triathlon. Believe me it's not a pleasant experience. It was about mid-morning, time for the donut break when the approaching truck suddenly turned left right into my path. The rear duals didn’t look all that appealing, the passenger side of the cab uninviting so off I went trying to skirt along the front. He hit me directly in the center of the grill, sending me head-over-heels attempting a full gainer. I landed squarely on the high side of my butt. Days later it looked like I was carrying around a baseball in my back pocket. I broke no bones, chipped some teeth when I kissed the grill, and was plenty sore for weeks. The funniest part was when the cemetery manager straddled and asked if he could call someone for me. I gave him the law firm telephone number. On the way to the hospital I asked the ambulance attendant if I could use the phone. Calling my office, the secretary Julie told me the insurance company called in less than five minutes after the cemetery manager hung up. Never hit a guy who makes living as a personal injury lawyer. So now I get to honestly say I’m not an ambulance chaser, I’m always there before the ambulance.

Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges

On August 30, 2009 a hit-and-run occurred killing bicyclist, Mark Grgurich age 54.  Hit by a white truck on Warren County Road G14, according to the Des Moines Register.

The white 1986 Chevrolet pickup was discovered to belong to Paul “Jud” McKinney, through investigating surveillance photographs, according to the Des Moines Register.  The 79 year old McKinney will go to court on September 22, 2009 to face the following charges:

-leaving the scene of a fatality
-concealment of evidence
-failure to maintain control

If convicted of all charges he could face seven years in prison.

An underlying cause for McKinney hitting the bicyclist is a vision problem called macular degeneration which causes a decline in vision especially in the central visual area, vital for driving. According to the Des Moines Register, “McKinney's sister, Elsie Manning, told The Des Moines Register that her brother has macular degeneration, a condition usually found in older adults that results in a loss of vision, especially central vision.” Though, “a Warren County sheriff's investigator said he was unaware that McKinney had macular degeneration and did not know if it figured in any way in the fatal crash.”  McKinney was to renew his license in October, having to renew it every two years due to his eye condition. Scott Falb, a DOT driving specialist said, “in Iowa, drivers may be issued a four-year license until the age of 70, but after that the state ‘wants them to come in every two years to appraise their condition as a driver’." Even though McKinney had macular degeneration, because of his age he still had to go in every two years to be evaluated.

According to the Des Moines Register:

“In Iowa in 2008, 15- to 24-year-old drivers had a rate of 3.28 fatal crashes per 10,000 licensed drivers. That dropped to 2.54 in the middle years and then headed up again as drivers reached their 70s, Falb said. At age 85 the rate reached 3.56 fatal crashes per 10,000 licensed drivers.”

From this current issue debate is rising on whether there should be stricter rules applied to older drivers. A news article from channel 13, WHO, discusses this question in regards to other cases besides McKinney.  One such case is Margaret Winter who is in her 80’s and uses a walker to get around, but also feels she should be able to drive her car.  She went in to renew her license and the DOT required her to take a test, which she failed at least twice. Winter feels it’s unfair and wrong that she cannot have her license since she has been driving for 55 years. Watch a clip from this issue on Ms. Winter.

What do you think is too old and how this impacts our roads we all use in some way or the other?

Iowa Pedestrian Injuries and Deaths - The problem with high standing SUV's.

Let us continue with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. Today we’ll look at one additional news item. This one provides a reason (cause) as to why pedestrians get struck so many times by SUV’s and then what can happen afterwards. First SUV’s have a lot of blind spots. They can have huge mirrors but still they are so big that the blind spots can have pedestrian’s not shown in the mirror’s view. That means that when you drive an SUV you have to double your caution to avoid killing someone. Hopefully by analyzing how pedestrians get into accidents with motor vehicles maybe you can avoid finding ourselves in this situation.

Brooklyn, New York – February 2009 – Vans can be a higher type of vehicle sitting high off of the ground. Radios play loud and drivers have so many distractions available to them that the incomprehensible can actually happen. That’s an important fact to know in comprehending this news item. Trust me when I say this. From NYC Manhattan, Uptown. Downtown. This is Manhattan I bring you 17 miles of unexplained driving in a mental fog:

“According to the New York Police Department, a pedestrian crossing a street in Corona, Queens early Wednesday instead wound up being struck by two vehicles and his body being dragged an astounding 17 miles to Brighton Beach, Brooklyn.

At approximately 6 a.m., the man, who has not yet been identified, was struck by an SUV near Shea Stadium when attempting to cross 108th Street. Just seconds later, a dark colored van drove over the man, his body getting lodged in the vehicle’s undercarriage. According to investigators, the driver of the second vehicle was apparently oblivious to what he struck and carried on driving for 17 miles to Brooklyn until a passerby was finally able to call his attention to the man’s body.

In surveillance video obtained exclusively by PIX News, a man is seen exiting a vehicle that dropped him off on 108th Street, just before 6:09 a.m. The man is seen properly observing pedestrian safety rules as he crosses 50th Avenue. Soon after, a second man appears in the video and he is struck by the SUV. The first pedestrian, a witness to the accident, can be seen grabbing his head with his hands in disbelief. Police were called immediately afterwards.”

There is really nothing I can say about this one? But here is a video, which I would not advise not watching.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with several more pedestrian-car-truck-bus-train collision news items. There are too many pedestrian collisions just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.  Today we examine Elizabeth, New Jersey’s pedestrian collision involving a firefighter.

Elizabeth, New Jersey - January 2009 – An early morning house fire placed firefighter Gary Stephens in the situation of directing fire trucks at the scene. As a veteran firefighter he found himself standing as a pedestrian behind a fire truck where he was run over. Whether the rear-warning alarm was working is unknown. As reported the fire was started by a homeless person attempting to stay warm.

http://wcbstv.com/video/?id=122076@wcbs.dayport.com

http://wcbstv.com/video/?id=122090@wcbs.dayport.com

http://wcbstv.com/video/?id=122067@wcbs.dayport.com

It’s a very sad story, one that was probably avoidable but without a full report there isn’t much to go on. They never did say if the backup rear warning device was working. Although that may have helped we can’t be sure due to sirens probably being used at the same time.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Again today we continue with several more pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.   Today we start off in the windy city, Chicago, Illinois.

Chicago, Illinois – Forget about Chicago for this blog post because there are more than 1,000 pedestrian-car-truck-motorcycle collisions every year in the City of Chicago. I don’t have enough time or ink to write about them all.  The people of Chicago need to be more vigilant than in rural areas. I’ll devote an entire post or series of posts to just the inner city of Chicago. For today let’s look at Virginia.

Harrisonburg, Virginia – January 2009 – Three pedestrian deaths have occurred so far this year in Virginia. Two are discussed by the Times Dispatch News. One should be of interest to many of our readers. A 55-year-old woman was jogging “north in the southbound lane of South Main Street when she was struck by a car 273 feet north of West Fairview Avenue at 5:20 a.m. Anderson, a Harrisonburg resident, died at the scene.”

Richmond, Virginia – January 2009 – A Richmond lawyer in discussing the death of a pedestrian offers what we think is sound advice for pedestrians:

“This accident is a sad reminder that it is important to slow down and try and be aware of pedestrians and bicyclists that share the roads with cars.  It seems that there have been more people walking and biking lately and they often have no sidewalks or separate lane to use in their travels.”

Drivers need to remember and get used to sharing the road with bicyclists, pedestrians and other slower traffic. Getting angry at them or being impatient with the slower traffic doesn’t help avoid an accident. Frightening the slower traffic isn’t going to get you any faster to your destination. Try being considerate, you’ll be surprised at the reaction from most of your fellow mankind.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Again today we continue with several more pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.   Today we start off in the windy city, Chicago, Illinois.

Chicago, Illinois – Forget about Chicago for this blog post because there are more than 1,000 pedestrian-car-truck-motorcycle collisions every year in the City of Chicago. I don’t have enough time or ink to write about them all.  The people of Chicago need to be more vigilant than in rural areas. I’ll devote an entire post or series of posts to just the inner city of Chicago. For today let’s look at Virginia.

Harrisonburg, Virginia – January 2009 – Three pedestrian deaths have occurred so far this year in Virginia. Two are discussed by the Times Dispatch News. One should be of interest to many of our readers. A 55-year-old woman was jogging “north in the southbound lane of South Main Street when she was struck by a car 273 feet north of West Fairview Avenue at 5:20 a.m. Anderson, a Harrisonburg resident, died at the scene.”

Richmond, Virginia – January 2009 – A Richmond lawyer in discussing the death of a pedestrian offers what we think is sound advice for pedestrians:

“This accident is a sad reminder that it is important to slow down and try and be aware of pedestrians and bicyclists that share the roads with cars.  It seems that there have been more people walking and biking lately and they often have no sidewalks or separate lane to use in their travels.”

Drivers need to remember and get used to sharing the road with bicyclists, pedestrians and other slower traffic. Getting angry at them or being impatient with the slower traffic doesn’t help avoid an accident. Frightening the slower traffic isn’t going to get you any faster to your destination. Try being considerate, you’ll be surprised at the reaction from most of your fellow mankind.

Iowa Pedestrian Injuries and Deaths - News Roundup

Today we continue with the pedestrian-car-truck-bus-train collision news items. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three additional news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Taylor County, West Virginia, March 2009 – A 22-year-old young man was struck and killed while walking in the same direction as a car being driven by a 50-year-old man along Pup Run Road heading towards Route 250. This accident probably could have been avoided if the pedestrian had been walking against traffic; so he could watch oncoming cars. Not to excuse the driver, but pedestrians need to protect themselves against all of the dumb and lame things drivers do that distract them from the task of safely driving.

Hemet, California, February 2009 – A 64-year-old pedestrian man was struck and killed in Riverside County, California as he attempted to cross West Florida Street around 4:30 p.m. Rescue workers had to lift the Ford Taurus off of the pedestrian; the pedestrian ended up under the car. This report comes to us from Estey and Bomberger Law Firm.

Rochester, New Yuck, May 2009 – In this case an 11-year-old child was allowed to play near a busy street intersection. When she ran out into the street in the path of an oncoming vehicle she was struck and injured. For whatever reason relatives of the child came running onto the scene allegedly in a hostile manner confronting the driver. I wonder where the relatives were when the child was playing near this intersection. Police arrived and calmed things down. The child was taken to an area hospital apparently alright. Parents, supervisors, babysitters and even relatives need to be more concerned with where children play. Getting mad at the driver isn’t the answer.

Tomorrow we will continue with pedestrian safety.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three additional news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Salt Lake City, Utah, March 2009 – Back to Salt Lake where we have a 53-year-old man steps out from behind a parked truck, when an oncoming driver looks away, swerves and strikes the man causing his death.  Police point to speed of the car and inattention of the driver are partially to blame. In this case it seems we have a little fault all the way around. Notice the pedestrian and driver never made eye contact where there is that moment of recognition that each knows of the other’s presence. If the pedestrian doesn’t have the driver’s attention or acknowledgement that he knows the pedestrian is there, then the pedestrian shouldn’t assume the driver sees him.

Willis, Texas – Walking on the interstate highway is never a good idea. In this instance a pedestrian walking on an Interstate Highway 45 was struck and killed around 12:30 Sunday morning. This section of the interstate was described as a desolate stretch of the freeway.

Lakeland, Florida, March 7, 2009 – An unidentified man, not carrying his wallet, was struck and killed by a 2000 Mitsubishi car, while trying to cross the street in Lakeland, Florida. The accident occurred around 7:10 p.m. The car was driving south so the sun wouldn’t likely be a factor. A Mitsubishi is a low car, at least some models and it makes driving them difficult. Speed could be a factor as well as the pedestrian running quickly from a side angle.

Iowa Pedestrian Injuries and Deaths - News Roundup

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months on end. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Toronto, Canada, April 2009 – In this car-pedestrian collision we see that the safety dance between pedestrians and cars is a two-way tango. This pedestrian walked into the cross walk when she was supposed to, but her attention directed to talking on a cell phone rather than looking to see if the crosswalk was clear, allowed her to walk right out in front of a car and be killed.  The driver remains at fault but pedestrians have an obligation to avoid walking out in front of vehicles. Be safe, not sorry.

Los Angeles, California, April 2009 – According to this blog two pedestrian elderly women were killed after two cars collided and one losing control was knocked into them.

Joplin, Missouri, March 2009 – A 74-year-old woman was struck and killed as she stepped into the path of a pickup truck being driven by a 21-year-old. Another example of pedestrian’s not paying enough attention to their surroundings.

Westway, Texas, March 2009 – In this case a pickup truck driver struck a pedestrian walking along the side of the road. After striking the pedestrian witnesses reported the truck stopped, backed up, and then drove away. Witnesses gave chase and stopped the ma. Of course a hit-n-run is always an indication of something else going on. In this case police arrested the man for driving while intoxicated. Seeing and avoiding pedestrians is made so much harder when you’re highly intoxicated.

Come back tomorrow for more on pedestrian collisions.

Yet another bicyclist and car collide in Des Moines

Midwest Personal Injury News Roundup, Painting your nails while driving is hazardous

Here is a Midwest news roundup of personal injuries suffered due mainly to circumstances beyond the control of the person suffering the injury. It being tort reform month on the InjuryBoard a person has to ask if the American Tort Reform Association is correct in professing the lawsuits are all to blame. Are they? Or is it something else?

TORT REFORM DIATRIBE: Tiger Joyce, the President of the American Tort Reform Association accuses lawyers of a huge conspiracy to stimulate the economy by litigation. Meanwhile he completely ignores the real problems that everyday working people have and fails to suggest any solutions to the problems created by faulty products or other criminal financial torts. The ATFA ignores the criminal conduct on Wall Street or the intellecutal property legal fighting from the IT community. Why? Why does the ATRA pick only on injured people?

DRIVER POLISHING HER NAILS REAR-ENDS BICYCLIST: An Illinois cyclist was killed when struck from behind and pushed out into traffic by a female driver who was painting her fingernails. Charges may be coming. If so I wonder what color would look good at the trial? Shall I wear my pink pumps? They do look good with that black dress.

DRIVER ERROR: The Union Leader reports on an accident in Weare. An unidentified driver of a car swerved into the lane of a motorcyclist causing an accident and the death of the motorcycle driver.

JOHNNY CARSON SIDEKICK BRAKES NECK BUT NO X-RAY: In L.A. Ed McMahon settled his medical malpractice case against Cedars-Sinai Medical Center and Dr. Neelakantan Anand, an orthopedic surgeon for failure to diagnose what appears to be a broken neck. In the suit he alleged that when he visited the hospital after falling at the Day' Bel Air home at 8:40 p.m. on March 12, 2007, doctors failed to diagnose his neck fracture after the fall and discharged him without taking an X-ray. He’s now settled that suit and is pursuing a premise liability claim against the owner of the home. Robert Day is founder and chairman of TCW Group Inc., a Los Angeles-based investment management firm, and heads the W.M. Keck Foundation.

NUMBEROUS U.S. COMBAT SOLDIERS ARE BEING KILLED BY FAULTY SHOWER ELECTRICAL SYSTEM: U.S. soldiers are reportedly being electrocuted when showering, due to improper grounding. Multiple instances of soldiers being killed by shower electrocutions are reported. Ryan Maseth, a 24-year-old Green Beret, died in his shower January 2.

RUSH HOUR TAXI DRIVER: WGN reports on a pedestrian being struck and killed by a taxi driver who failed to stop. The man was identified as Robert Deighton, of the 5000 block of Foothills Road in Lake Oswego, Ore., according to a spokesman for the Cook County medical examiner's office, though public records showed that he recently lived in the 1400 block of West Berwyn Avenue in Chicago.

PANDEMIC EXAGERATION? CBS News reports that as of May 2, 2009 19 people have died in Mexico from the “pandemic” that is sweeping the country. Fear mongering seems to sell and in this economy the fear stimulus package is in full swing. With a population 103,263,388 in 2005, Mexico is the most populous Spanish-speaking country in the world. I’m wondering if fear should set in when the 20^th dies or if we should wait and see if the death rate will climb19 divided by 103,263,388 = what %? There might be a slight overreaction being reported.

IMPROPER PASSING OF SLOW MOVING VEHICLE: In Carroll County, Iowa a driver of a motorcycle was killed as he attempted to pass a car, lost control and eventually struck a fixed guardrail. The Telegraph Herald reports, “The Carroll County Sheriff's Department has identified a Hanover man as the victim of a fatal motorcycle crash Saturday evening.  Slobodan Dejanovic, 46, was killed when he lost control of his eastbound motorcycle and struck a guardrail on the U.S. 52/Route 64 Mississippi River Bridge around 6:20 p.m. Saturday.”