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Cheerleading Safety and the Law of Cheerleading

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

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The Lombardi Law Firm Blog

Blog Category:

Workers' Compensation

4/8/2009
Nick Lombardi
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Polk County, Iowa mine worker at Hallett Materials dies, electrical fire

A 35-year old man died as a result of either an electrical fire or from electrocution at the Hallett Materials site northwest of Des Moines today.  The worker leaves behind a wife and three young children.

Bainum leaves behind a wife, April, and three children, son, Tristan, 12, and daughters Holly, 6, and Lacy, 3.

Des Moines Register, UPDATE: Hallett Materials employee dies after fire

Here are a few descriptions from the Des Moines Register, KGAN or KCRG.

“Tadd Bainum, 35, a Hallett employee, died after a transformer spark caused a fire near the gravel mine at 5255 N.W. 26th St. The fire started around 4 p.m., said Jana Rooker, spokeswoman for the Polk County Sheriff's Office.”

“Officials say the man, who wasn't identified, was killed at about 4 p.m. Tuesday at Hallett Materials. They couldn't confirm whether the man died in the fire, which was the result of a transformer spark, or if he was electrocuted.

A spokeswoman for MidAmerican Energy says the company had to shut off power to the area for rescue crews to reach the man.”

“Officials say the man, who wasn't identified, was killed at about 4 p.m. Tuesday at Hallett Materials. They couldn't confirm whether the man died in the fire, which was the result of a transformer spark, or if he was electrocuted.”

U.S. Mine Department of Labor Mine Safety and Health Administration inspectors are being called to the scene to investigate. The Hallett Materials site is near a body of water and mines basic materials.

You can reach the MSHA can be reached by following the link.

 


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.





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

Ex-wife's lawyer subpoenaed my mother's bank account without notifying her or me three days before hearing. The bank honored the subpoena witch was just a fax cover letter with attorneys name. I had no lawyer, the court then appointed me a lawyer. Then rescheduled hearing for 2 and a half weeks latter. The next hearing her attorney dose not use my mothers subpoenaed account but instead shows up with my current wife's bank records again without notice to her or me or my lawyer. MY lawyer move to have it throne out judge allowed it but said both lawyers write a brief on the case show casing their point. My lawyer asked for relief based on violation of civil procedure. My lawyer said that she would be unable to pursue this case any further because being court appointed her job was done and even though the cases were related that it was a different case. My question is did my bank violate the right to financial privacy act by honoring a invalid subpoena? Can I sue her lawyer for civil procedure violation?

What is the procedure for serving a small claims court notice? Can a sheriff's deputy forcibly enter my house? Can they entrap me in my home by parking in my driveway so that I can not leave? Can they throw the notice at me and yell, "You've been served?"

Are secretly taped conversations admissable in a court of law?

General

Should I call the injured worker's lawyer?

Where can I contact Miller Fall Protection?

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METAL/NONMETAL DAILY FATALITY REPORT

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April 7, 2009

 

 

 

 

 

FATALITIES CHARGEABLE TO

 

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2007

 

2008

 

2009

 

 

THE MNM MINING INDUSTRY

 

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compensation death Des Moines electrical fire Hallet Materials iowa Lombardi mine Polk County west des moines workers

Pedestrian Collisions Causing Injury and Death

8/6/2009
Steve Lombardi
Comments (0)

Pedestrian Safety: To avoid being hit you need to keep your head on a swivel.

Do you want to see what it looks like when a car strikes a pedestrian? Watch this video of and you won't cross the highway the same way as a pedestrian.


Now you’re on the roadside after breaking down, you pull out your cell phone, call triple A and the tow truck arrives. The operator exits his truck and wham! He’s suddenly struck by an oncoming car. Unbelievable, you say.  Not so.

Santa Clara, California – December 2008 - My friend John Bisnar from California blogs about an instance of a ground crew mechanic working on the ground near a helicopter. A wind gust blows over a helicopter, causing it to spin out of control, and a blade struck the mechanic, killing him.  This helicopter was being used by the power company to string power lines between poles. Interesting to say the least and it explains why the worker would not be so concerned with keeping his eye on the helicopter. This workers attention needed to be focused on whatever his job may have been that day.

Pana, Illinois – January 2009 – Clothe colors can make all the difference.  Reflective tape also helps. In this case the truck driver was unable to see the man walking along Illinois highway 29. The man was struck and killed. The driver explained with the darkness, 7:30 p.m. he was unable to see the pedestrian walking. What this 60-year-old man was doing walking on the side of the highway we don’t know but we do know the driver was unable to see him.

Vancouver, Canada – November 2008 – A garbage truck struck and killed a pedestrian just after noon while he was walking. We’ve had this happen right here in Des Moines, Iowa.

Tama, Iowa – April 2009 – I reported on a young Iowa woman who was struck and killed by a train. This train-pedestrian accident has striking similarities to the story written by James Joyce in Dubliners. A Painful Case is a short story about Mr. Duffy who rebuffs Mrs. Sinico, and then four years later realizes he has condemned her to loneliness by rejection and then death. This realization strikes him while reading her obituary that describes her death being caused by a train as she walked across the tracks at Sidney Park, a train station on Sidney Parade Avenue, in the village of Merion, southeast of Dublin.

Barbara and I sojourned to Dublin for a two-week drive around the southeast and west until we found our way back to the streets of Dublin and more specifically, Fleet Street and the Temple Bar District. Ah yes, sit will you for a pint of Guinness?

 



Car and Tractor Trailer Accidents

7/28/2009
Steve Lombardi
Comments (0)

Keenan Charged with Two Counts for deaths of Cadena and Rochelle.

The driver of a 2000 Toyota 4 Runner lost control at the 1-35 southbound ramp to the I-80 eastbound ramp and the SUV rolled several times causing the passengers inside to be ejected. The accident occurred on July 25, 2009 at around 5:00 a.m. in Polk County, Iowa.  The driver must have failed the breath test for alcohol because he was charged with OWI 3rd, driving while his license was barred and homicide by motor vehicle, 2 counts.  The last charge was due to Martina Cadena and Mar’quis Rochelle dying as a result of being ejected during the rollover.  Keenan was 31-years of age and from Iowa City. Rochelle was 26-years of age and also from Iowa City. Martina Cadena was 35 and from Coralville, Iowa.
Is there negligence here? If there is it's probably to be proven in pursing evidence of the driver taking the curve too fast, driving while under the influence and not using due care. A failure to keep a proper lookout should also be pursued.  Passengers and the estates of the two who died would have 2 years to pursue causes of action. They can expect to have to pursue coverage under their own auto policies; because it's not likely the driver had auto insurance since he was barred from driving. Insurance companies insure risk and a person with a barred license shouldn't even be driving; so he's probably not insurable.  UIM, or uninsured motorist policies may have a two-year statute of limitations or it could be from the date of the denial by the insurer. Check the applicable policies.



Large Damage, Major-Serious Injury and Death Cases

4/13/2010
Steve Lombardi
Comments (0)

Des Moines DART Ducks Liability for Hitting Pedestrian

The verdict in the most recent bus accident case put blame on the pedestrian by finding for the bus driver and company. The jury assigned only 8% of the fault on the bus driver, a finding that makes little sense and assigned 92% of the fault to the pedestrian. The DART lawyers did their normal show and tell with apologizing for the man’s injuries but that’s completely ridiculous. I’m not even sure why the court allows an apology. What difference does it make that the lawyers come into court and say they are sorry. Everyone knows they aren’t otherwise they would have visited the partially disemboweled pedestrian while hospitalized. And even if the lawyers were so-so-sorry so what? What has that got to do with liability or damages? It’s simply a way to play to the jurors emotions in favor of the defense. A defense lawyer’s emotions are not a part of the evidence and shouldn’t be a part of the considerations.

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FAQs

Workers' Compensation


I fell at work and had rotator cuff repair and was told by the Dr. if I injured it again it would not be repairable and then instructed to return to work the next day for light duty. The hospital told me I could take my PTO time for two weeks as they thought this was unreasonable instruction. What should I do? This happens a lot with this Doctor's office I feel this is unfair.


 


Why does the defense attorney want my tax returns?

Will working overtime or holidays change my weekly workers' compensation check?

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

Is the driver of a motor vehicle responsible for his/her passengers actions?

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?

After the car wreck should I talk with the other guy's insurance company? They seem nice enough, polite and say they want to help. What should I 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


I filed a claim with my insurance comp. on my truck now they are sending me a payment for the repair of the damage the person did and taking the other person to court for the money for the damage. Do I have to repair the damage on the vehicle or can I keep the money for something else?



 



 


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.

Large Damage, Major-Serious Injury and Death Cases

If my son breaks his hand and is admitted to the hospital for a "few" days, what are my options for time off work?

What are the legal consequences in altering a prescription prescribed by a doctor?

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?

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?

Work-Comp For Doctors!

I fell at work and had rotator cuff repair and was told by the Dr. if I injured it again it would not be repairable and then instructed to return to work the next day for light duty. The hospital told me I could take my PTO time for two weeks as they thought this was unreasonable instruction. What should I do? This happens a lot with this Doctor's office I feel this is unfair.

How can the doctor make the Iowa workers' compensation case easier?

As a physician what can I do to make everyone's job easier?

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?

Motorcycle & Bike Accidents

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?

Construction Site Accidents

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 - Property Defect-Animals

If I hit a Farmers Cow going down the road am I responsible?

I have a neighbor who has several dogs (over the legal limit for our state) and does not always keep them on a leash. I have made several complaints to "Animal Control" through our police department, but nothing ever gets done about this. I have to walk to the house next door to them to drop my baby off at the sitter. If one of their dogs attacks me do I have grounds to sue, and if so, who would I sue?

I fell in a manhole and the city of des moines and waterworks are fighting who will take the blame do i have a good case?

Client Trial-Deposition Preparation

Do I have to attend the deposition?

What is a deposition?

What is an Interrogatory?

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?

Civil damage lawsuits and criminal law deaths, OWI and drunk driving

Why in the first 10 days after an OWI arrest is it important to see an attorney?  Why are the first 10 days so important? What will I lose if I wait till day 11?

What happens during the first ten days after I've been arrested for drunk driving?

How do I find an Iowa OWi or drunk driving lawyer to defend me?

Criminal Law Commentary - Todd Miler

What information will a lawyer need at an initial interview for a criminal defense?

How much does it cost for a criminal defense?

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 need my name off of a mortgage on a house I no longer live in.

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?