MetaBank Lawsuit and allegedly "fraudulent" COD's

Meta Bank of Iowa is being sued by 8 groups who bought fraudulent COD’s after former employee Charlene Marie Pickhinke of Sac City plead guilty to stealing $4.2 million from the bank. In her guilty plea Pickhinke admitted to selling COD’s to as many as 50 banks and credit unions across the country.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with several more pedestrian-car-truck-bus-train collision news items. 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. Today's news items have to do with highway workers, the police and establishing good eye contact which seems to be a repeating theme for pedestrian safety. Read and hopefully learn how to avoid being a statistic.

Miami, Florida – January 2009 – Highway workers are at great risk when working along the highways of American. In this story someone dropped thousands of shoes, with shoe laces tied together, on a highway. The picture is well worth the effort to see what thousands of shoes look like all strewn about on a highway. In this video while a highway worker sweeps the shoes from one lane of travel traffic just keeps on going by heading to work.

San Diego, California – December 2008 – The lawyers at Estey and Bomberger again bring us news of a pedestrian accident in the Core-Columbia district of San Francisco. The woman was struck while crossing the street by a vehicle turning left; which brings up another point about safety. Even when drivers stop you can’t trust they will remain stopped. Before walking out into the roadway look the driver right in the eyes, make eye contact and if you can’t do move one inch. Establishing eye contact is an important pedestrian safety measure. If you have eye contact then unless the driver is brain dead they shouldn’t move and should be more aware of your presence.

Beech Grove, Indiana – January 2009 – A mother of two young children was run down and killed as she stepped out into the roadway. The car was a patrol car being driven by police. The police officer did not have the siren or lights on and was responding to a call for assistance related to a burglary shortly after 9:00 p.m. This brings us to make a new point to the police, if you’re going to respond to a call for assistance and can’t activate your siren then be more careful while driving towards the location. Without lights and sirens pedestrians may not have the right amount of attention focused on your patrol car. Pedestrian accidents with patrol cars and police cruisers aren’t all that unusual.

The Strange Case of Frank Hatley's Paternity and Child Support Order

It’s called the Hatley Amendment, in honor of Frank Hatley, a 50-year-old man who’s been in jail since June 2008 for not paying child support even though two separate DNA tests in the last nine years prove he’s not the father. The courts often times by technical defaults find a man is the father, even though he isn’t the father, order him to pay child support, and when he doesn’t he goes to jail for contempt of court. Even if wrong, you can’t ignore a court’s orders. You can appeal them but you can’t ignore them. If you do you go to the slammer.

For those mothers who wrongfully identify a man as the father father’s rights groups would love to see the accusing mother jailed.

Well, that’s not the law, but one wonders if it should be the law. You mother’s can calm down you’re not going to jail, but many believe you should for wrongfully accusing men you sleep with of being the father of a child born out of wedlock. Poor Frank Hatley sitting in jail all this time for contempt of court for not paying court ordered child support, based on a finding of fact that is clearly incorrect.

Most of you will wonder how this can be happening in America. Let me try to explain. State policy concerning entry of child support orders is broadly stated as follows:

1.      That a parent should support their children.

2.      That the child is the most important concern.

3.      That parent-child relationship, including support orders should be established as close to the births date as possible.

That’s the state policy; when a single mother gives birth and files for state aid for the child the state steps in requiring her to identify the possible fathers.  Moral values being what they are many don’t know who the sperm donor could be so they either name them all or pick and choose from the possibilities. Some were inebriated and have no clue who they slept with on any given night so those men are allowed a get out of jail card. The state then notifies the likely suspect or suspects, files for a court hearing on paternity and the Court decides on paternity, in many cases based on incomplete evidence. In some of those cases, probably where only one man has been identified as the most likely suspecting sperm donor, for many reasons doesn’t respond to the Petition. In some cases the service was on a relative where the father was thought to live. That’s called substitute service. If the father fails to respond, oops sorry Uncle Frank I forgot to give you those papers, the Court enters a default judgment finding this man is the man who gets the child support lottery ticket! The Court then enters Judgment and sends Frank the winner’s letter. “Congratulations Frank, You’ve won the right to pay child support for the next 18 to 22 years! Think of it like you would a lotto jackpot win; except in reverse. Instead of receiving a monthly check you get to send us one!”

Soon Uncle Frank gets news that he’s won and he’s probably mad, gets a lawyer and they do the DNA tests which show that Uncle Frank really isn’t Father Frank. He says this isn’t fair and the Court says read the rules. The mother sings,

“One, two, three and it’s you and me.

You're up on deck, now send the check!”

Meanwhile the Franks out there say no way for me to pay. The Franks don’t act like fathers and the kids get caught up in a childhood of legal wrangling and fighting that further destroys the fabric of a pleasant childhood. So is the state policy really making any sense? It doesn’t seem to be.

So I ask the question what does make sense. Certainly mothers can see the unfairness of making a man pay child support for a child that is someone else’s. The States shouldn’t have to pay for ADC (Aid to Dependent Children and Title XIX medical benefits) when there is a father out there that can be identified. But is it right for the States to take money from just anyone that has slept or she says slept with her just because they failed to defend themselves? Even if the man did defend, if a DNA test later shows the man isn’t the sperm donor is it right for the States to continue to require him to pay child support on a child that isn’t his? It doesn’t seem to be.

You might wonder how this miscarriage of justice can be corrected. Simply put if all support orders required a DNA test it would go a long way to avoiding injustices like the one befalling Frank Hatley. But, who is going to pay for the DNA tests when many of those having sex and babies can barely afford to pay the filing fee to file the case? Are the tax payers going to be the one’s to do it? We could enter an order requiring the father’s to pay. That way if we later find them they could be ordered to reimburse the State.

As a lawyer I find it an interesting legal question, whether the entry of a child support order is state action requiring constitutional safeguards that would also require a DNA test before a child support order could be entered when the alleged putative father is in default; not defending himself.

In conclusion, my title is misleading, you mother’s aren’t going to jail but I did need to get your attention. You need to do everything you can to make sure these men defend and that you’re identifying all the likely suspects. The wrong man is the wrong parent for the child’s court ordered father.  Childhood isn’t in anyway enhanced by the Court finding the Frank Hatley’s of the world the putative fathers – when in fact they are not.

And Frank Hatley has a little different fact scenario, based on his discussions with the mother it’s reported that he believed he was the father and had agreed to reimburse the State of Georgia.

“Hatley had a relationship with Essie Lee Morrison, who had a baby in 1987 and told Hatley the child was his, according to court records. The couple never married and split up shortly afterward.

In 1989, Morrison applied for public assistance through the state Department of Human Resources. Hatley agreed to reimburse the state because he believed the boy was his.”

If you’ve slept with other men then you need to make a complete disclosure to the man you believe is the father. A complete disclosure is necessary for the man to agree he is the father. In those instances the man should have the option to consider DNA testing before agreeing to consent to paternity.

As for Frank Hatley seeking compensation or his friends saying he should be compensated, I don’t agree. He agreed to reimburse the State of Georgia. Men have to be smart enough to challenge a woman with a DNA test before consenting to paternity.

Fair is fair and it appears that Frank Hatley didn’t have all the necessary information before agreeing to reimburse the State of Georgia.  If he had I would have no sympathy for him today.

If you want to see how contentious the issue of child paternity can get, watch this video where it’s alleged child support was ordered to be paid on a child that never existed. I’ll blog on this and report more on it later.

Iowa Workers Compensation for Electrical Workers

Today, it's about three workers who get electrocuted from an overhead power line while doing work on a college campus with a boom truck. It reminded me of my family and the work I grew up listening to them discuss. My grandfather, father, brother and brother-in-law all worked, at one time or another, for the Narragansett Electric Company in Providence, Rhode Island. Narragansett Electric is now National Grid. The company mascot for Narragansett Electric was during my childhood, Mr. Reddy Kilowatt. Reddy was a guy whose head was a light bulb, he was always talking about safety. Injury by electrocution is a major concern for families that work around electricity. So we learned that Reddy was our friend. As a family we always worried about line work due in part to injury by electrocution. Today is about just that, workers getting electrocuted while working around energized power lines.

Reddy Kilowatt

http://www.youtube.com/watch?v=PznxZ3zmL00

You’ve got three workers for Midwest Glass and Glazing on the Creighton Campus Universityusing a boom truck when the boom comes into contact with an electrical line that was energized. Could this have been avoided?

Let’s start our quick analysis by saying the workers are all alive and expected to live. The news articles indicate only one was seriously injured and that’s terrific. For those who don’t know what happens when the human body is electrocuted, you should know the electricity travels through the human body seeking out weak points. Those weak points are under the upper arms, inside the thighs, for guys their penis and sometimes parts of the head. Those parts blow out – yes it’s a terrible injury. So if only one worker was burned the other two are quite lucky.

The one suffering the worst burns was 46-years-of-age, not sure if he’s married or with dependent children, but injury to any worker is significant when electricity is involved with causing the injury. Rehabilitation is long and hard and may never be complete or bring you back to normal. Just think for a second about your brain being short circuited by an extremely high electrical charge and how the gray matter would be affected. And take a moment to think about the effect of electricity on the human nervous system. The effects are very serious indeed.

Narragansett Electric PSA with Ben Franklin

How do workers protect themselves? Well, they can first make sure that all lines they are working around are de-energized. Never assume any line is not energized, assume just the opposite. Demand that all lines be de-energized by the power or electrical company that owns them before any work is performed. If the boom is being used near a power line, stay away from it. If your supervisor calls you a wimp call his supervisor.

Make sure the guy running the boom is properly trained. Before taking one of these jobs learn the ins and outs of using one safely. Read the owner's manual that comes with the boom truck.

All three workers that were injured are entitled to workers' compensation benefits. They will first receive medical coverage, then weekly indemnity benefits (a pay check) and after that permanency benefits, if they have permanent impairment or restrictions.

Well, that's all for today. I'm just getting back from vacation and there's too much to do around here today.

Update on Ames Elevator Accident Case at Legacy Apartments

I previously made several posts about this incident. Here are the titles and links.

Elevator Inspections and Maintenance – Were they performed? What ...

I reported about an elevator incident in Ames, Iowa and today ... Elevator Inspections and Maintenance – Were they performed? What is going on in Ames, Iowa? ... 101k

Just the Facts: Elevator door collapse investigation in Ames, Iowa ...

Why aren't the investigative reports from the Ames, Iowa elevator death case not being released? We reported earlier on this matter. ... 101k

Ames, Iowa: 19-year-old falls seven stories down elevator shaft of ...

... Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator. ... 101k

Property Owner's Liability (Slip & Fall) | InjuryBoard Iowa

... Why aren't the investigative reports from the Ames, Iowa elevator death case not being released? We reported earlier on this matter. ... 101k

After returning from vacation I see there is a critical updated on the investigative findings by the Iowa Workforce elevator inspectors.  Let’s see where this new evidence points us in terms of liability.

The Iowa Workforce Development elevator inspectors have concluded a safety retainer bracket that is supposed to hold the elevator door in place had been damaged in a previous incident. The doors had previously been found out of their tracks about two months previous to the young Illinois gentleman who fell to his death when the doors collapsed into the shaft. He was pushed by a friend when they were horsing around. But that doesn’t seem all that significant; the horsing around doesn’t seem to be the cause of the door caving in. What it appears likely is that had the door been properly maintained or fixed that it would have held in place that night of June 6, 2009 when Robert Pawlak, 19 of Downers Grove, Illinois got pushed by his friend.

Apparently the state elevator inspectors using subpoenas obtained copies of the inspection reports from December 2008 to the present which provided evidence of the previous problem and prying of the doors to sort of fix them.

So the question is whether this maintenance was proper and legal under the law and standards for fixing elevators. It seems difficult to imagine it is, but I could be wrong; I just don’t know until I’ve read the state reports and the maintenance records. Experts in a wrongful death case on behalf of the decedent will include elevator inspectors and the maintenance person. The statute of limitations in a case such as this would appear to be two years.

It’s interesting to note the Iowa Workforce Development site shows during the latter part of 2008 there were 10,735 elevators in Iowa. Of those 10,735 existing elevators 1,413 were inspected from July 1, 2008 to September 30, 2008 and from October through December 31, 2008 another 1,615 were inspected. Source, Labor Service Report, Iowa Workforce.

For additional reading see the following articles in the Des Moines Register and the Ames Tribune. The KCCI article was not available.

Elevator doors in accident in Ames had been off track

By GUNNAR OLSON • golson@dmreg.com • July 16, 2009

Elevator in Ames where man died found faulty

The Des Moines Register • July 3, 2009

Device damaged on elevator where man fell to death

GUNNAR OLSON • golson@dmreg.com • July 2, 2009

Archives > Ames Tribune > News

State report identifies broken elevator part

Broken part may have caused door to collapse in fatal accident

FOR ADDITIONAL INFORMATION FROM WORKFORCE DEVELOPMENT SEE:

INSTALLATION AND DESIGN CHECKLIST FOR ELEVATORS IN THE STATE OF IOWA

Petition for Reconsideration of an Elevator Inspection Report

Elevator Safety Board

Iowa Division of Labor, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209

Division of Labor Services

Elevators, Escalators, and Wheelchair Lifts Inspection Program

Iowa Code - Chapter 89A as amended by SF318

Administrative Rules

Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority

Chapter 66 - Waivers or Variances From Administrative Rules by the Elevator Safety Board

Chapter 67 - Elevator Safety Board

Petitions for Rule Making

Chapter 68 - Declaratory Orders by the Elevator Safety Board

Chapter 69 - Contested Cases Before the Elevator Safety Board

Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board

Iowa Workforce Development Newsletter from 3^rd quarter 2007 has this interesting note:

Our condolences to the families of……

• Rick Glenney, 52, was crushed when frozen product fell on him in Ft. Dodge.

• Melanie Selken, 54, fell while riding a belt man lift up and went over the top, falling eight stories in Ansgar.

• Bradley Mills, 38, became caught under equipment after crawling up the side of a bin which fell and he was buried

in the sand in Milford.

• Dennis Lammers, 52, caught on fire during an explosion while loading gasoline into a tanker in Sioux Center.

• Elizabeth Myers, 44, inhaled toxic levels of ammonia when new refrigerant piping was installed and the stop valve was opened in Evansdale.

 

Child playing with matches causes fire in Sioux City, Iowa leaving one man dead

I’m not sure we have covered the house fire in Sioux City, Iowa that took the life of 27-year-old Chonburi Louangrath. If so this post differs in it’s approach to this too often seen news item about an unintended or accidental house fire. In this case the accidental fire was caused by a child playing with matches. Children with matches don’t go well with home safety. A child playing with matches sparked a deadly fire in Sioux City, Iowa this past May. The Iowa Department of Safety concluded the house fire that claimed the life of Chonburi Lauangrath, 27 was started by a child playing with matches.

After an accidental fire the typical legal questions include whether the structure and contents are covered under the homeowners, owners or renters insurance policies. Of course structure and contents are different in many respects and are covered under different insurance policy provisions. Each section may provide different results based on policy language and the degree to which the insured actually insured the structure and the contents. That sounds like double talk but it’s about the choices you make when you take out the policy of insurance.

For instance, if you took out a mortgage when you purchased the home, your lender may have dictated the minimum of how much insurance you could take out. The lender always wants its mortgage covered by casualty insurance. So there you can self-insure the difference, but that’s not always the smartest thing for young homeowner’s to do.  If you don’t have the money to rebuild it’s pretty foolish to self-insure the amount of equity over the principal amount of the mortgage. After all if the structure is destroyed by fire, weather or other casualty you might end up not being able to rebuild, but still having to pay to clear the debris and to pay annual real estate taxes.

Insuring the contents is a whole other issue to tackle. What is the value of what you own in the home? That’s a moving target that changes daily. The first challenge to valuation being depreciation and the second being new purchases. Everything you own is worth less tomorrow; or at least that is the assumption all insurance companies make. The day after you purchase something new the insurance company is going to assume it’s worth less, to some degree. So knowing what you own and how much is its present value is a constant challenge.

So how can you protect your investment of home and contents? First I’d suggest making it an annual event for the owner or owners to videotape everything and to remove the tape from the premises. Keep it at work or in a bank vault but annually shoot a videotape of the home contents and remove it from the premises. The easy way to do this is for one person to operate the video camera and the other to open draws, with each adding commentary as necessary. Commentary might be a description of the property item that includes make, model, approximate date of purchase and serial number. This may seem like a royal pain in the rear but if you’ve ever suffered a loss trying to recreate what you owned is an even larger pain in the derrière.

Another thing that I do is keep all owners’ manuals in one location. If you suffer a theft loss it’s easy to prove what major appliances (computers and tools included) you own by reference to the owner and user manuals. When I purchase an item I do fill out the owner/user manual with the serial number, etc.  I can’t say I do it 100% but I do try to stay close.

When videotaping don’t forget to shoot the basement, garage, attic and shed with all of those contents. Remember it’s a lot easier to sit and watch a video tape on television or to hand it to a transcriptionist who can type a list of what they see and hear on the videotape.  Your job is then to clean it up based on your own viewing of the videotape and the owner manuals you’ve kept.

Casualty losses are a complete drag on your life and quick way to devalue the contents you’ve accumulated and invested in.  You may hate this chore, but over a few years you’ll accumulate a video library (compact discs work just fine) that catches most everything you own. There is a less appreciated benefit to doing this annually as well. It refreshes what you already own allowing you to not make duplicate and wasteful purchases.  It also has the effect of making you a smarter consumer. You’ll begin to ask yourself, “Do we really need to make this purchase?” I think a lot of people buy out of nervous energy rather than out of necessity. The key to a good marketing program is to persuade you to buy something you really don’t need. If we can break the habit of spontaneous purchases we can save money for investments and for retiring with a better lifestyle. This is what Robert Kiyosaki and Sharon Lechter teach in the books Rich Dad Poor Dad and the Cash Flow Quadrant. Eliminate the doodah purchases and instead invest the savings. As he says the difference between the rich and the working class is the poor work for money and the rich get their money working.

Rich Dad Poor Dad is a book by Robert Kiyosaki and Sharon Lechter. It advocates financial independence through investing, real estate, owning businesses, and the use of finance protection tactics.

Back to the original news item, a child playing with matches, especially boys, is a childhood adventure the adults need to anticipate. Like drugs in the bathroom easy access is a challenge to anticipate. In this case a 27-year-old man lost his life and paid the price of two days where he probably suffered tremendously. A child’s life is altered, and not in a good or productive way. The child has to deal for a long time to come with his actions taking the life of a man.  Adults need to be smart about things like matches, drugs in cabinets, household cleaning products and poisons being stored in a way that limits accessibility to young children. With children the rules haven’t changed in centuries: simply expect the unexpected.

And parents know this; you can be sued and found to be liable for not controlling access to things like matches or prescription medications. Check out that homeowner’s insurance policy along with where you stow the matches and prescription drugs. We all can make mistakes but when we do let's make sure we have insurance coverage. The video that follows is an example.

Are young drivers in Washington County, Iowa trying to thread the needle?

What is “threading the needle”? 

I became interested in the idea of threading the needle after reporting on an intersection collision in rural Iowa that killed three people. The accident occurred in Washington, Iowa on May 23, 2009. I reported on it in a blog dated May 26th. Here is the blog post if you’re interested to review it.

Multi-car-truck collision in rural Iowa kills two - One vehicle 3 collisions and then catches fire.

One commenter raised the question of whether the young driver was attempting to thread the needle. Another commenter seemed irate about that being suggested and after the dust settled I left the comment alone because it appeared to me to be fair for discussion. So I’ve been asking myself, what is threading the needle and are the kids in Washington County, Iowa doing it? I was not able to locate any video on YouTube involving the Ellen DeGenerus show and threading the needle. If anyone has it please send us the link.

“It is my opinion that teenagers pay only lip service to the idea of driving safely. To be a teen is to risk your life and survive to tell the tale. If somehow these teens had performed that much-viewed feat seen on Ellen Degeneres and YouTube, where an SUV "threads the needle" between two cars at an intersection at highway speed.”

 

Partial comment, Posted by VCDaedalus on May 28, 2009 8:41 AM.

Well low and behold another commenter later asked the same question and pointed out about a more recent collision in Washington County. Whatever the case may be the Courts need to get tough on the kids in Washington County and figure out if that is what is going on down there.

Posted by Gordon D
July 11, 2009 9:07 AM

Another "accident" in Washington County, where and I state from the local paper "According to reports from the Washington County Sheriff's Office, at about 11:13 a.m. Thursday, a green 2004 Saturn driven by Zachary Ryan Bonebrake of Keota was westbound on 190th Street east of Ginkgo. According to report, the vehicle didn't stop at a stop sign at the intersection of Ginkgo and 190th and stuck a gray 2000 Chevy S-10 driven by Russell Albert Yoder of Richland in the intersection." Is this another possible case of "threading the eye of the needle." From the talk here in Washington, Iowa, by the High School age drivers, yes.

I’ve checked but am not able to confirm this collision or the people stated by Gordon D as being involved. So I can’t say the collision occurred or if it did that it happened as reported. But the idea is one that parents, law enforcement, lawyers and judges need to be aware.

Here is threading the needle with a car while crossing an intersection in heavy traffic. It's very dangerous and scary.

Let’s assume that young adults are brave, stupid or crazy enough to try this. If they are we have to wonder where young adults are getting the idea to attempt this. I was surprised how prevalent the idea is and how often the term “thread the needle” is used in our society. News reporters use the terms, as do coaches and even parents. It's used in sports, leisure activities and for anything where competition to one-up the next guy is involved.

THREADING THE NEEDLE DEFINED

Threading the needle refers to performing some action at a high rate of speed through a narrow opening. You might wonder why parents and lawyers need to know what threading the needle involves. Well, your child may be threading the needle with your family car and kill someone; in which case the lawyers need to understand either how much trouble their client is in or to plead for punitive damages against the driver who unsuccessfully tried to thread the needle causing injury to the client.  Parents need to know about this because as owners of the cars their kids drive they are legally responsible for their driving accidents that cause injury and death.

WHERE DO KIDS GET SUCH IDEAS!

How about if we look around to see how this term is used today in American society, who is using it and in what context. You'd never believe responsible parents would allow it to be taught; would you? And I'm sure we doubt our schools are teaching it to our children. Right? And certainly coaches aren't teaching it. Certainly not.

As parents we can in some ways be teaching the skill of threading the needle. While it may be cute at a young age, it does teach the idea of thrill seeking that can later lead to serious injury or death. Here is a young snowboarder, about 6 years of age, threading the needle. From the sound of the voice on the recording it appears to be an older man, which I’m assuming is the boy’s father proudly recording his young son while threading the needle on a snowboard.

Here a very young wrestler “threads the needle” using a half-nelson while rolling the opponent over onto his back for a pin.

Here it is with a plane flying at over 100 mph through a hole in a rock formation.

Threading the needle in a jet boat on a lake or river in this case involved driving at a high rate of speed between two trees. Of course this isn’t the smartest thing to do because if you have two dead trees there may be a stump between the two that can puncture the hull of your boat sending the occupants overboard where they can suffer a head or neck injury leading to traumatic brain damage, paralysis, quadriplegia, paraplegia or death.

Children are being introduced to this idea at a very young age. In this video about concerning how to win a video game involving combat the instructor tells us how the Wolverine threads the needle. Threading the Needle on the X-Men game involves moving Wolverine through a narrow opening; in this case a ring.

There is threading the needle with radio controlled model planes as well. In this video the RC Plane operator shows us how to fly the plane through a narrow opening created by two palm trees.

Threading the needle with a truck refers to driving it through a narrow opening. As you can see in this video clip the narrow opening through which the driver threads the needle is a narrow pass.

In dance threading the needle refers to a maneuver whereby one leg that is being held is used to create a narrow opening in which the dancer hops on one leg and threads the free leg over the leg and by the arm that holds it. Here watch it’s easier to see than for me to explain.

Here is another example of how to perform this break dancing maneuver.

And in this video tape threading the needle is introduced as “entertainment”, it being a part of the game. The idea is introduced to teenagers and young adults through a combat video game where the participant is a pilot flying at a high rate of speed through and around skyscrapers eventually being ejected and skydiving to an island.

Here is another entertainment version of threading the needle by a skateboarder lying down on the board while threading under fixed objects.

EA Skate 2 More Dam coffin shenanigans ~ successfully threading the needle!

This idea of TTN is about having the skill to take the risk and to avoid injury. Here we have a skateboarder demonstrating threading the needle over a chain.

Our society encourages developing skills enabling us to be entertained by maneuvers that expose the participants to a level of risk that can cause injury or death. The higher the risk the more exciting and highly regarded the maneuver. In this video we see a kayaker threading the needle. As a kayaker threading the needle is a maneuver taught by threading through two boulders with water rushing around and over them.

And let’s not leave snow skiing out of the mix. They too thread between two skiers who are standing still. While this skier isn’t very skillful the idea is still put out there as threading.

Football teaches threading the needle as a skill young people need to perfect. In this case it’s taught to wide receivers who drag their feet to stay inbounds as they catch a pass tossed over or very close to the out-of-bounds side line.

In this second video a girl is taught in football how to thread the needle by passing the ball between two defenders while successfully making the pass to the receiver.

The same reference is made in college football. This one involving Texas A&M at Southern Arkansas.

In car racing the concept is also introduced.

The idea is even part of snowmobiling.

Just look around you and you will see evidence of where they might be getting the idea to thread the needle. While no one can argue that throwing a pass between two defenders can be compared with recklessly driving a car through a busy intersection against a stop sign or light, you have to know that we are planting the idea out there and then handing junior the car keys giving them the means to perfect this insane maneuver.

And we wonder why this generation seems so confused.

 

Ames, Iowa Elevator Accident Resulting in Death of Illinois Man - Update

The Iowa Workforce Development elevator inspectors have concluded a safety retainer bracket that is supposed to hold the elevator door in place had been damaged in a previous incident. The doors had previously been found out of their tracks about two months previous to the young Illinois gentleman who fell to his death when the doors collapsed into the shaft. He was pushed by a friend when they were horsing around. But that doesn’t seem all that significant; the horsing around doesn’t seem to be the cause of the door caving in. What it appears likely is that had the door been properly maintained or fixed that it would have held in place that night of June 6, 2009 when Robert Pawlak, 19 of Downers Grove, Illinois got pushed by his friend.

Apparently the state elevator inspectors using subpoenas obtained copies of the inspection reports from December 2008 to the present which provided evidence of the previous problem and prying of the doors to sort of fix them.

So the question is whether this maintenance was proper and legal under the law and standards for fixing elevators. It seems difficult to imagine it is. Experts in any wrongful death case on behalf of the decedent will include elevator inspectors and maintenance people.  The statute of limitations in a case such as this would appear to be two years.  The Iowa Workforce Development site shows during the latter part of 2008 there were 10,735 elevators in Iowa. Of those 10,735 existing elevators 1,413 were inspected from July 1, 2008 to September 30, 2008 and from October through December 31, 2008 1,615 were inspected.  Source, Labor Service Report, Iowa Workforce.

Ontario, Canada - Elevators Preventive Maintenance

Latest in ONPHA's series of preventive maintenance videos. This episode includes legislative requirements, daily maintenece checklist, and things that your mechanic should perform during regular inspections.

For additional reading see the following articles in the Des Moines Register and the Ames Tribune. The KCCI article was not available.

Elevator doors in accident in Ames had been off track

By GUNNAR OLSON • golson@dmreg.com • July 16, 2009

Elevator in Ames where man died found faulty

The Des Moines Register • July 3, 2009

Device damaged on elevator where man fell to death

GUNNAR OLSON • golson@dmreg.com • July 2, 2009

 

Archives > Ames Tribune > News

State report identifies broken elevator part

Broken part may have caused door to collapse in fatal accident

INSTALLATION AND DESIGN CHECKLIST FOR ELEVATORS IN THE STATE OF IOWA

Petition for Reconsideration of an Elevator Inspection Report

Elevator Safety Board

Iowa Division of Labor, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209

Division of Labor Services

Elevators, Escalators, and Wheelchair Lifts Inspection Program

Iowa Code -  Chapter 89A as amended by SF318

Administrative Rules.

Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority

Chapter 66 - Waivers or Variances From Administrative Rules by the Elevator Safety Board

Chapter 67 - Elevator Safety Board

Petitions for Rule Making

Chapter 68 - Declaratory Orders by the Elevator Safety Board

Chapter 69 - Contested Cases Before the Elevator Safety Board

Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board

Iowa Workforce Development Newsletter from 3^rd quarter 2007 has this interesting note:

Our condolences to the families of……

• Rick Glenney, 52, was crushed when frozen product fell on him in Ft. Dodge.

• Melanie Selken, 54, fell while riding a belt man lift up and went over the top, falling eight stories in Ansgar.

• Bradley Mills, 38, became caught under equipment after crawling up the side of a bin which fell and he was buried

in the sand in Milford.

• Dennis Lammers, 52, caught on fire during an explosion while loading gasoline into a tanker in Sioux Center.

• Elizabeth Myers, 44, inhaled toxic levels of ammonia when new refrigerant piping was installed and the stop valve was opened in Evansdale.

Florida Snakes On The Run From Bounty Hunters

The State of Florida got the nod from the Feds to turn trappers and bounty hunters loose in the Florida Everglades looking for the unnatural Burmese Python that can breed like a rabbit; 100 eggs at a time! The Burmese Python has no natural predator in the Florida Everglades, with the exception of the bounty hunters. Within minutes of arrival scientists and reporters visiting a place believed to be natural habitat witnessed a ten footer being caught.

The news reports indicate that pet owners have released the snakes and that a pet store ravaged by 1992 Hurricane Andrew had snakes escape into the wilds.

With the story several weeks ago about the two-year-old child being strangled by the parent’s pet Burmese Python, the Governor acted with dispatch to round up legislators and federal officials to begin the eradication.

I guess you could say the program has at least started out being a slithering success.

No Burmese Python was available for comment.

 

Sioux City, Iowa man dies in house fire, child with matches said to have caused the fire

I’m not sure we have covered the house fire in Sioux City, Iowa that took the life of 27-year-old Chonburi Louangrath. If so this post differs in it’s approach to this too often seen news item about an unintended or accidental house fire. In this case the accidental fire was caused by a child playing with matches. Children with matches don’t go well with home safety. A child playing with matches sparked a deadly fire in Sioux City, Iowa this past May. The Iowa Department of Safety concluded the house fire that claimed the life of Chonburi Lauangrath, 27 was started by a child playing with matches.

After an accidental fire the typical legal questions include whether the structure and contents are covered under the homeowners, owners or renters insurance policies. Of course structure and contents are different in many respects and are covered under different insurance policy provisions. Each section may provide different results based on policy language and the degree to which the insured actually insured the structure and the contents. That sounds like double talk but it’s about the choices you make when you take out the policy of insurance.

For instance, if you took out a mortgage when you purchased the home, your lender may have dictated the minimum of how much insurance you could take out. The lender always wants its mortgage covered by casualty insurance. So there you can self-insure the difference, but that’s not always the smartest thing for young homeowner’s to do. If you don’t have the money to rebuild it’s pretty foolish to self-insure the amount of equity over the principal amount of the mortgage. After all if the structure is destroyed by fire, weather or other casualty you might end up not being able to rebuild, but still having to pay to clear the debris and to pay annual real estate taxes.

Insuring the contents is a whole other issue to tackle. What is the value of what you own in the home? That’s a moving target that changes daily. The first challenge to valuation being depreciation and the second being new purchases. Everything you own is worth less tomorrow; or at least that is the assumption all insurance companies make. The day after you purchase something new the insurance company is going to assume it’s worth less, to some degree. So knowing what you own and how much is its present value is a constant challenge.

So how can you protect your investment of home and contents? First I’d suggest making it an annual event for the owner or owners to videotape everything and to remove the tape from the premises. Keep it at work or in a bank vault but annually shoot a videotape of the home contents and remove it from the premises. The easy way to do this is for one person to operate the video camera and the other to open draws, with each adding commentary as necessary. Commentary might be a description of the property item that includes make, model, approximate date of purchase and serial number. This may seem like a royal pain in the rear but if you’ve ever suffered a loss trying to recreate what you owned is an even larger pain in the derrière.

Another thing that I do is keep all owners’ manuals in one location. If you suffer a theft loss it’s easy to prove what major appliances (computers and tools included) you own by reference to the owner and user manuals. When I purchase an item I do fill out the owner/user manual with the serial number, etc. I can’t say I do it 100% but I do try to stay close.

When videotaping don’t forget to shoot the basement, garage, attic and shed with all of those contents. Remember it’s a lot easier to sit and watch a video tape on television or to hand it to a transcriptionist who can type a list of what they see and hear on the videotape. Your job is then to clean it up based on your own viewing of the videotape and the owner manuals you’ve kept.

Casualty losses are a complete drag on your life and quick way to devalue the contents you’ve accumulated and invested in. You may hate this chore, but over a few years you’ll accumulate a video library (compact discs work just fine) that catches most everything you own. There is a less appreciated benefit to doing this annually as well. It refreshes what you already own allowing you to not make duplicate and wasteful purchases. It also has the effect of making you a smarter consumer. You’ll begin to ask yourself, “Do we really need to make this purchase?” I think a lot of people buy out of nervous energy rather than out of necessity. The key to a good marketing program is to persuade you to buy something you really don’t need. If we can break the habit of spontaneous purchases we can save money for investments and for retiring with a better lifestyle. This is what Robert Kiyosaki and Sharon Lechter teach in the books Rich Dad Poor Dad and the Cash Flow Quadrant. Eliminate the doodah purchases and instead invest the savings. As he says the difference between the rich and the working class is the poor work for money and the rich get their money working.

Rich Dad Poor Dad is a book by Robert Kiyoaki and Sharon Lechter. It advocates financial independence through investing, real estate, owning businesses, and the use of finance protection tactics.

Back to the original news item, a child playing with matches, especially boys, is a childhood adventure the adults need to anticipate. Like drugs in the bathroom easy access is a challenge to anticipate. In this case a 27-year-old man lost his life and paid the price of two days where he probably suffered tremendously. A child’s life is altered, and not in a good or productive way. The child has to deal for a long time to come with his actions taking the life of a man. Adults need to be smart about things like matches, drugs in cabinets, household cleaning products and poisons being stored in a way that limits accessibility to young children. With children the rules haven’t changed in centuries: simply expect the unexpected.

And parents know this; you can be sued and found to be liable for not controlling access to things like matches or prescription medications. Check out that homeowner’s insurance policy along with where you stow the matches and prescription drugs. We all can make mistakes but when we do let's make sure we have insurance coverage.

Thanks for this video Divine.

Boating News from Iowa and the Midwest - Wearing your life jacket.

Iowa – As of May 2009 Iowa made wearing a safety vest for those boaters under age 13 mandatory. There is an exemption for commercial boats with a capacity of 25 people or more or while in an enclosed cabin and below deck.

Omaha, Nebraska – Two women were being pulled on an inner tube behind a boat and one died when the inner tube was whipped around on a turn and struck a dock. This accident occurred in Douglas County on West Shores Lake. The women injured were Jennifer Dwyer (30) and Kimberly Spangler (29). Todd Spangler (30) the boat operator was reportedly cited for suspicion of a BUI. (Boating under the influence.)  This was certainly a tragedy and one in which a day of fun turns into a lifetime of heartache and painful memories. Both women needed to be flown to an area hospital where Dwyer died. There is no indication of whether she died of head injuries or spinal injuries.  From a legal standpoint there are many issues we can’t discuss but operator error is certainly an issue along with those being pulled watching out and dropping when danger approaches. Of course being whipped around makes it difficult to see what is coming. Drinking alcohol and driving never helps or contributes to a safe boat outing.

Ogollala, Nebraska – Three people were injured and another killed when a mechanical problem cause a speed boat to flip and roll. The boat broke apart causing all passengers to be ejected. A Colorado man was killed. The other passengers were his wife and two children ages 15 and 9. The family is from Parker, Colorado a suburb of Denver.

Missouri -  See what it’s like to patrol the waters in Missouri with the state water patrol. Officially they are called the Missouri State Water Patrol.

Water Safety with the Red Cross - The American Red Cross offers these tips:

ON THE WATER

- Always wear a U.S. Coast Guard approved life jacket when boating and fishing. Close to 80 percent of boating fatalities in the U.S. are caused by drowning.

- Alcohol and boating don’t mix. More than 50 percent of drownings from boating accidents involve alcohol.

- Develop a float plan. Anytime you go out in a boat, give a responsible person details about where you will be and how long you will be gone.

- Know weather conditions and prepare for an electrical storm. Because water conducts electricity it is wise to stop swimming or boating as soon as you see or hear a storm.

- Carry basic safety equipment — life jackets, a throwable personal flotation device, tow line, extra paddle, a bailing device, distress signal, fire extinguisher and first aid kit.

Source: American Red Cross

Pedestrian Safety: News Roundup Continues - Interstate Breakdowns

Columbus, Ohio – December 2008 – Freeway breakdowns make you a pedestrian. In this story from the Columbus Dispatch, two separate pedestrian-vehicle collisions occurred on Columbus freeways. In both instances a driver was stopped along the highway, out of their car when they were killed.  These cases demonstrate a safety tip about being a pedestrian on the highway. You become a pedestrian as soon you leave your car or truck or motorcycle and start out on foot. Whether it’s because you ran out of gas, experience a breakdown including engine failure or a flat tire, or have a fender-bender; you are a pedestrian as soon as you step foot on the highway pavement.

Let’s heed the advice of Edward DeVennish of the Columbus police traffic bureau.

"The fact is, 10 to 20 percent of freeway crashes are caused by a minor incident that blocks a traffic lane," said Lt. Edward DeVennish of the Columbus police traffic bureau. "At freeway speeds, it doesn't give you much time to react."

DeVennish said drivers involved in minor-damage, noninjury crashes on freeways, or those experiencing mechanical problems, should get their vehicles off the right side of the road immediately. The message is reinforced by signs posted along freeways.

The State Highway Patrol released a tip sheet about winter driving this week that instructed drivers whose vehicles break down to "safely position the vehicle as far off the road as possible."

Lt. Tony Bradshaw, a patrol spokesman, called it "imperative" that drivers get damaged vehicles out of moving lanes when the vehicles are drivable and there are no injuries.

Bottom line is after minor traffic accidents on the highway do not stop on the traveled portion of a highway to exchange information with the other driver. Get well off the traveled portion of the road. Get as far over to the right as you can; and if you can’t get out of the car and stand well off the highway. 

And remember those flares your father used to carry in the trunk? Well get some and use them. Also carry a cell phone and don’t ever stand on the traffic side of your car. You should be standing facing traffic to see if the cars coming towards the collision site are paying attention and seeing you.

“Bradshaw and DeVennish said drivers and passengers must determine whether they'll be safer staying inside a disabled vehicle or getting out and moving as far away from traffic as possible.

"You don't want to be sitting in a car that's a target," DeVennish said. But those who choose to get out of a disabled car must exercise extreme caution.

"The freeway is no place for a pedestrian to be," he said. If the car is on the berm, "you don't want to be standing on the traffic side of your car, or immediately behind or immediately in front of your car."

Bradshaw said sitting in a vehicle on the berm, with the hazard lights flashing, generally is safe.

Motorists should carry a cell phone to call for help if they get stranded, as well as road flares or reflectors to warn other drivers, he said.”

Boating News from Iowa and the Midwest - Boat electrical failure, fire and explosion.

I’m continuing to post news and information about boating safety. Today we have a website with interesting information about traveling with children, infants and small children. I’m providing a website with accidental injury statistics. These statistics really tell us where to identify the main causes of injury or death.  They also identify those months of the year that are the most dangerous to boating or being around the water. And one last news item has to do with an electrical fire that sparked a fire and ended with an explosion; an event that should tell you something about what to do when a fire breaks out on board. Get the children into life jackets and off the boat.

www.Gurgle.com – This website post offers 13tips for traveling and visiting with small or infant children. 

Boating’s most dangerous times of the year are the months of May through August. Worldwide drawings are estimated to total 1,750,000 per year.  Talking to your children about safety seems to make sense but probably isn’t done properly. Just saying “Use your head”, doesn’t get your point across.

Harrison, Maine – Four people escaped injury and death while on Maine’s Long Lake. The cause of a fire onboard is likely to be an electrical short that sparked a fire and then an explosion.  Maine is also participating in Operation Dry Water and has over 100 game wardens patrolling the waters.

Boating Accident Statistics - If you’re interested in boating accident statistics look no further than Commander Bob and his web blog.  Boating fatalities from recreational boating have dropped year over year, and that’s good news. He points to alcohol being a likely cause of many. He’s got a graph for boating fatalities from 1991 to 2008, fatalities by type of boat, whether the person killed was wearing a life jacket or not, along with many other types of classifications. You can also visit the U.S. Coast Guard’s website page called The Main Channel and Beacons. The Coast Guard provides a free boating safety information sheet for recreational boaters. Apparently the acronym for drunken boating is BUI, boating under the influence.  

 

Boating News from Iowa and the Midwest - A Sioux City Councilman was injured in a boating accident on Oak Lake

I’m a bit behind on boating posts. I’ve collected some boating news so let us examine how people are injured while boating or on or near the water’s edge.

A Sioux City Councilman was injured in a boating accident on Oak Lake

Nebraska – Two people were killed in Lancaster County on Oak Lake. The mishap occurred on a Sunday morning around 8:20 a.m. Cousins, Eric Jarecki (32) and Jason Hafsaas (25) were driving a speed boat, turned sharply, were thrown from the boat and the boat ran over and killed them. Speed appears to be the main factor involved. Reckless driving and perhaps not using some sort of seatbelt harness might also have contributed.

Iowa – Nebraska – Two men were thrown from the boat they were riding in on the Missouri River. Bruce Wright (31) or South Sioux City, Nebraska was missing. This accident occurred at around 8 p.m. one mile north of Salix. Oscar Gomez (33) was injured and flown by helicopter to a local hospital. Gomez was charged with operating a boat while intoxicated.  The news description is that Oscar Gomez and Bruce Wright were thrown from the boat as the driver Samuel Gomez (32) suddenly slowed down.   Cause is likely a sudden deceleration, failing to give a proper warning to the passengers, perhaps failure to wear life vests, drinking and driving along with the possibility of reckless driving or fooling around. Just don’t know because there is nothing further in the news report. The Iowa DNR by Kevin Baskins provided the report along with the Des Moines Register and the Sioux City Journal.  Oscar Gomez is a South Sioux councilman. Injuries were cuts on the right leg likely from the propeller and a left hip injury.

Naples, Florida – In this trial being held in June 2009 the plaintiff’s case hinges on how the jury views prevention as applied to propeller accidents maiming a person in the water. A woman was permanently disfigured when struck by the boat engine’s propeller. A U.S. Coast Guard expert testified that all propeller accidents could be prevented if a propeller guard was used or incorporated into the design. The trial testimony with the plaintiff calling the defense expert on direct, but hostile examination is rather interesting for the admissions given by the defense expert on how industry uses testing to not set standards.

Wisconsin – The sheriff’s in Wisconsin will be out looking for drunken boat operators. The federal or national initiative is called “Operation Dry Water” and is a program to keep drunken boat operators off the waters.  Simply someone on board, the operator has to have nothing to drink of an alcoholic nature. What you could do is make everyone pay $5 or $10 into a kitty and whoever is the designated driver gets to keep the money.  The Minnesota DNR offers a couple of safety tips including wearing a safety vest.  And Minnesota DNR offers a free boating guide.  The boating guide is an electronic version of the printed materials you can pick up at any boat shop.

Michael Jackson was just like the rest of us.

The King of Pop is dead.  Why did he die?  If one can believe rumors, i.e. "the news", then we should believe that he died of a prescription drug overdose.  The question becomes whether it was purely accidental, or something more sinister.  Michael Jackson's family appears to blame Michael's personal physician.  The allegation appears to be that the good Doc was injecting or otherwise providing Michael with prescription meds.  If this had occurred in Iowa, it is possible that the physician, and perhaps others, could be facing criminal charges for homicide and delivery of drugs.
 
According to the Centers for Disease Control, unintentional fatal drug overdoses nearly doubled from 1999 to 2004 and were the second leading cause of accidental death in the United States in 2004, behind only automobile crashes.  Deaths from accidental overdoses increased to 19,838 in 2004, from 11,155 in 1999.
 
OxyContin, as well as their generic cousins oxycodone and hydrocodone, are from the same family of drugs as heroin. Some refer to these drugs as "hillbilly heroin."  Used correctly, they ease the pain of people recovering from surgery or coping with terrible back pain. They can become powerfully addictive drugs that users need more and more of to get high. Before long, many users live for their next pill and will do anything to get it — just like heroin addicts. And if painkiller abusers are also drinking alcohol or taking allergy medications, they can wind up shutting down their lungs.  Some states have criminally charged the manufacturers of these drugs for misrepresenting the damage that they can cause.  There are also civil lawsuits pending regarding addiction and abuse against the manufacturers.
 
Do people get charged in Iowa in these types of cases?  Absolutely.  One needs to look no farther than last month in Plymouth County.  Nicholas Clay, a 20 year-old man from Akron, died of an overdose.  The State has charged 18 year-old Justin Bringman and 39 year-old Stuart Barton for their involvement in his death.  Both are facing very long prison sentences.
 
Even if someone does not overdose or suffer any harm, it is a felony in Iowa merely to give someone a prescription medication, even if just one pill.  Simple possession of a prescription medication without a prescription is a misdemeanor.  It goes without saying that these cases have far reaching ramifications, beyond the prison sentences and fines.
 
Michael Jackson's friends and family are rushing around telling everyone who will listen that he was in great shape and otherwise healthy.  An argument could be made that Michael was a co-conspirator in his own death, but that's for the lawyers to decide.  We need much more information than what's provided through the media.  Only time will tell if the Doc is  criminally or civily liable.

and Vicodin

Media trials, domestic abuse and murder in Iowa.

Domestic assault or abuse charges are one of the most frequently charged crimes.  They also carry some of the worst penalties, not to mention the negative stigma which attaches.  Often charges are filed against the spouse that does not call the police.  In other words, whomever calls the police first, wins.  These cases are often extremely difficult to sort through for everyone involved.  Because of the penalties and stigma, false reports are often filed.  One spouse attempts to obtain the upper hand for a variety of reasons and false charges can be filed.  
 
Undoubtedly there are violent domestic situations.  I've had family members suffer at the hands of a violent abuser.  Many of the violent crimes, and most of the murder cases I've been involved in, have had a domestic component.  This weekend I heard that a Des Moines man named Charles Ralph Fenton has been charged with murder in Madison County and that it had a domestic component, and this brought these and other issues to mind again. 
 
The media has regurgitated the State's version, which is usually to charge the guy with murder in the first degree and then sort it out later.  (There are women who are also charged with these types of crimes).  Of course Mr. Fenton does not have the ability nor the resources to spoil the jury pool the way the State always does.  Having had many trials in Madison County and other domestic murder cases in other rural Iowa counties, the State knows this information will spread like wildfire.  I guarantee everyone in Winterset, St. Charles, Peru, Earlham and on and on has heard about this case.  I have had a case moved before from Madison County due to media attention and community bias.  Don't get me wrong, they are good people, but they are people and human nature will take over and as a society we demand a fair trial.  I only hope that the media will consider Mr. Fenton's rights to due process and a fair trial.  We all need to remember that he is innocent until proven guilty beyond a reasonable doubt.  But has this become "justice" in our society these days where we are so quick to convict?  The government is always the most well-represented and richest party in the courtroom.  Plato said long ago, "justice is but the interest of the stronger."  Was he right?
 
And since I am quoting, here is another to keep in mind with regards Charles Fenton or any other case that the government tries in the media:  "Where there is room for question, something is wrong."  Here is a question: the reports in the media say that Mr. Fenton was hospitalized after the incident.  Why?
 
As I said before, often times women are charged in these cases.  If you will recall, Mary Winkler was charged with murder in Tennessee in 2007 with shooting her preacher husband in the head with a shotgun.  It was all over the media.  Dr. Lynne Zager testified for the defense in that case.  I have worked with Dr. Zager before and know from experience she is a well-qualified expert.  Dr. Zager testified in the Winkler case that Mrs. Winkler could not have formed the intent to kill due to a compromised mental condition and she would have dissociative episodes.  Winkler was convicted of voluntary manslaughter, served a brief prison sentence, and later obtained custody of her children.
 
As Thomas Jefferson said, "The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive."  We need to resist everyone of the government's attempts to poison a trial.  Alright, one more quote and then I'm done: "Our liberties we prize and our rights we will maintain."  Our state motto.  Its on the flag.  The same flag that bears the name of the first party listed in every criminal case in Iowa.  We the people need to hold them (us) to it, in every case.  No matter what, no matter the charge.  There is nothing more important.

Peosta, Iowa trench collapse (Zimmerman) is why construction workers need to protect themselves

I’ve written before about trench safety and how to avoid trench collapses. It’s obvious to me that some employers just don’t practice trench safety or trench collapse prevention. That means the workers need to be aware of how to stay safe while digging or being in a trench.

It’s being reported about a construction worker digging at a construction site in Peosta, Iowa that needed to be rescued after being buried up to his neck in soft dirt that collapsed onto him. His name is Adam Zimmerman of Monticello, Iowa. The crew he was working with was digging a trench to install geothermal heating system at a house. He was working for Kraus Plumbing and Heating of Monticello, Iowa.  The dug him out and took him to the hospital in Dubuque.

Workers need to know how to protect themselves and if you say no to get into a trench and you employers fires you call IOSH and a lawyer. They can’t ask you to do something that could kill you when they are guilty of violating the safety laws of this state. That’s called retaliation and it too is illegal.

Here is the list of articles previously posted dealing with trench safety.

 

1.                  Construction Safety - Trench Collapse | Lombardi Law Firm

Jul 11, 2008 ... Marion, IL worksite saw the untimely deaths of two construction workers this past March when a trench caved in and buried the two men under ...
www.lombardilaw.com/.../construction-safety-trench-collapse.cfm - Cached - Similar -

2.                  Construction Site Safety - A trench box would have saved the ...

Bartow County, Georgia – The construction site in Bartow County off I-75 exit 296 experienced a trench collapse; then a worker fell 20 feet and was buried. ...
www.lombardilaw.com/.../construction-site-safety-a-trench-box-would-have-saved-the-georgian-tunnel-worker.cfm - Cached - Similar -

3.                  Trench Collapses On Pittsburgh Man | Lombardi Law Firm

Trench Collapses On Pittsburgh Man as he visits someone in the apartments. - 515-222-1110 - Three Fountains Office Park 4200 Corporate Drive, Suite 112 West ...
www.lombardilaw.com/.../trench-collapses-on-pittsburgh-man.cfm - Cached - Similar -

4.                  Workers Safety: Trench Collapses on builder worker | Lombardi Law Firm

Workers Safety: Trench Collapses on builder worker - 515-222-1110 - Three Fountains Office Park 4200 Corporate Drive, Suite 112 West Des Moines, IA 50266.
www.lombardilaw.com/.../workers-safety-trench-collapses-on-builder-worker.cfm - Cached - Similar -

5.                  Construction Worker Safety: Trench collapse and rescue operations ...

http://www.youtube.com/watch?v=FWpk7bZvvcs. Construction Worker Safety: Trench collapse and rescue operations - new sewer line, worker dies. ...
www.lombardilaw.com/.../construction-worker-safety-trench-collapse-and-rescue-operations-new-sewer-line.cfm - Cached - Similar -

6.                  Construction Worker Safety: Trench collapse and rescue operations ...

In this video clip you will how many rescue workers it takes to save the life of one construction worker trapped in a cave-in or collapsed trench.
www.lombardilaw.com/.../construction-worker-safety-trench-collapse-and-rescue-operations-to-avoid-death-of-the-injured-w.cfm - Cached - Similar -

7.                  News | Lombardi Law Firm

He was able to climb out of the trench but took only a few steps before collapsing and died at the scene. The employee of Simmons Co., of Pittsboro was ...
www.lombardilaw.com/news.cfm?page=4&catid=-1 - Cached - Similar -

8.                  Construction Site Accidents | Central Iowa Accident Attorney ...

A construction worker was crushed to death when a trench collapsed in Brooklyn. .... Construction Site Safety – Trench boxes stop collapsing trenches from ...
www.lombardilaw.com/.../construction-site-accidents2.cfm - Cached - Similar -

9.                  Construction Site Safety – Trench boxes stop collapsing trenches ...

At Lombardi Law we make it a point to blog about the issues that affect those who are effected by accidents. Call us for a FREE evaluation of your case ...
www.lombardilaw.com/.../construction-site-safety-trench-boxes-stop-collapsing-trenches-from-trapping-workers.cfm - Cached - Similar -

10.              The Lombardi Law Firm Blog | Lombardi Law Firm

Construction Site Safety - A trench box would have saved the Georgian tunnel ... So why are the rules for safety not followed when it involves trench work? ...

Driver and passenger's arguing leads to possible criminal charges

Fort Lauderdale, Florida – January 2009 – From Chalik & Chalik along with the Sun Sentinel we bring you this January 22, 2009 report of pedestrian mayhem in the sunny state of Minnie and Mickey. In this blog report, be discerning about what you read because some appears not to be accurate; the report mentions a different way a pedestrian was injured. It seems that a woman and her boyfriend were driving on or somewhere near Interstate Highway 595 while having an argument.  The boyfriend, apparently had had enough, got really mad and kicked her out of the car. She was probably just as angry, not thinking with a clear head and mad at the world allowed her emotions to take over paying attention to what was going on around her. A detective driving along on the highway must have struck her with his cruiser. She survived. Okay if you’re angry with a passenger it’s probably better to stop for gas, ask them to go into the convenience store for gum and then while they are inside drive away, leaving them safe and not so happy at the soda machine. Of course turn off your cell phone and call their mother telling them their location, so they can be picked up.

This news item does interest me because I’ve seen several news reports of this type of injury occurring of late. The Milwaukee Journal Sentinel reports on a 27-year-old Milwaukee woman and her 29-year-old husband being arrested and recommended for homicide charges after losing control of the Ford Taurus she was driving while arguing resulting in a person’s death. The person fatally injured was riding a motorcycle. The female driver rammed a black SUV that then struck the motorcycle.  The Ford Taurus rolled three times after crashing into the SUV.

As the driver it's your responsibility to not lose control of the car.  While driving, remember to use your head before someone loses their life.

 

Vets Treated in South Florida VA Hospital and Augusta, Georgia may be exposed to HIV and Hepatitis

If you’ve had a colonoscopy done at the Miami Veterans Affairs Healthcare System, South Florida, then you need to be aware there are concerns the equipment may have been contaminated and you will need to be tested for hepatitis and HIV.  About 6,000 to 10,000 veterans may have been exposed to HIV and hepatitis. The problem had to do with the technicians not following the manufacturer’s recommendation concerning replacing certain parts per procedure.

One Vet tested showed positive results for HIV. The Veterans Dept. would not tell CNN where the patient who tested positive was treated where he contracted the virus.

There was also a contamination problem at Charlie Norwood VA Medical Center in Augusta, GA. Over 1,000 vets were sent warnings and offered free testing for possible infection issues related to the ears, nose and throat clinic.

A video tape is available on the CNN Video site.  Judy

VA looking into possible contamination at medical facilities, CNN report from Miami, FL.

Possible contamination at VA facilities sparks call for inquiry, Veterans Today

Wrong-side surgery article

This article discusses the issues involving wrong-site surgery and how to deal with it. It also discusses the legal principle of res ipsa loquitur, the thing speaks for itself.

Getting Surgery Right

John R Clarke, MD ; Janet Johnston, MSN, JD ; Edward D Finley, BS

Authors and Disclosures

Published: 09/01/2007; Updated: 11/16/2007

Wrong-site surgery is perceived as a medical error that should never happen, not a medical risk that the patient must accept, and therefore a core patient safety problem. Legally, it qualifies under the principle of res ipsa loquitur. The National Quality Forum (NQF) includes wrong-site surgery events on its list of Serious Reportable Events, commonly referred to as never events.^[1] Several states use that list as the basis for reporting patient safety problems. In some states (eg, Minnesota), these reports are made public. Florida imposes fines and disciplinary actions against surgeons for doing wrong-site surgery. As of July 2006, they had disciplined 45 physicians; 3 had been fined $20,000 each.^[2]

The objective of this author is to identify factors contributing to this medical procedure failure or error. As embarrassing as it is the medical profession needs to address the problem while recognizing why it's occurring. Doing too much in too brief a period of time, being distracted, not reading the chart and allowing the system of health care to operate like factory piece work.  Frankly it's not working for the doctors or the patients.  Simply blaming doctors isn't the answer.  We need to fix the system that allows it.

Objective: We sought to identify factors contributing to wrong-site surgery (wrong patient, procedure, side, or part).

Caught on video at Des Moines City Hall.

Theft involves the taking of property of another.  The last I knew, this is still America and in order to be convicted of a crime requires, among other things, proof beyond a reasonable doubt.  Its easy to take aim at persons accused of crime and criminal defense attorneys, but walk with me one day, meet my clients and you will feel differently about the fight to preserve our way of life.  Its cases like Ryan Wacome's that erode our rights little by little.
 
According to the Des Moines Register, Ryan Wacome has been charged with a series of thefts at Des Moines City Hall.  Wacome was a 20 year-old janitor.  The Register says that small amounts of money were missing from desks over the past month so they contacted the Des Moines Police Department and set up a sting operation.  A detective put a "small amount of money" in a desk and placed a camera to record whatever occurred.  The camera allegedly caught Wacome removing the money.  I hope he has not been charged with the other alleged thefts as has been reported.  It would be one thing for him to agree to make restitution for the other amounts of money, but it would likely be a violation of his rights to get convicted of the other alleged thefts.  Even if he confesses, Iowa criminal law requires more than that for an otherwise uncorroborated crime.  I would also be curious to hear what evidence there is that the other thefts actually did occur.  I keep some pennies and nickels in my desk but I can't tell you how many.  Let me look, hmmmm, I thought I had a few more.  Better call the Des Moines PD and set up a sting.
 
But here is the other thing: video and photographic evidence are sometimes the most unreliable evidence.  Look at this photograph of an alleged burglary yesterday in Des Moines.  Jurors are common people just like you or I, and if its difficult to tell who is in the photo, then that is not proof beyond a reasonable doubt.  Thankfully most jurors are cognizant of that fact.  I once had a convenience store robbery case where it was caught on surveillance video.  The clerk alleged a weapon was displayed and she was stuck in the cooler.  There was a cop in the parking lot and my client was nabbed walking out the door into the parking lot.  It was 5 a.m.  Very few other persons were around.  The person in the video did resemble my client and he was facing a 62-year prison sentence.  For good reason, my client is a free man today.  A photo is not always worth a thousand words.

Pedestrian Safety: One solution that curbed collisions

We are back again today continuing 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. How about if for this month, 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.   This one is mostly from Pennsylvania where the Record did such a good job of editorializing on the issue of pedestrian safety.

East Stroudsburg, Pennsylvania – April 2009 – A woman was struck and killed as she walked onto Route 611 at the intersection of Glen View Drive. The Pocono Record took the opportunity to editorialize on the issue of driver and pedestrian safety issues. The Record states:

“Transportation officials say 80 percent of crashes stem from drivers' mistakes, everything from driving under the influence to aggressive driving. Pennsylvania Department of Transportation spokesman Ron Young said growth areas where traffic volume rises and causes congestion typically produce more crashes and traffic deaths. Monroe County's rapid growth has stabilized, yet the high rate of accidents continue[s]. [sic] Especially troubling is that at least 12 pedestrians and one bicyclist have been struck by cars or trucks over the past two years in Monroe County.

What to do? The Safe 80 Task Force began in early 2001 after an especially horrible truck accident killed two passing motorists on the busy interstate. Local residents and officials joined forces to look for ways to improve safety. Intensive enforcement by the state police dramatically curbed speeding. An interagency truck safety enforcement project pulled hundreds of unsafe heavy commercial vehicles off the road. Strategically placed white highway dots helped clue drivers in on safe following distances. The task force worked on educating motorists and increasing safe driving behavior.

The result?  The I-80 accident rate fell.

Monroe and Pike citizens must pursue ways to stem the gruesome tide of serious accidents. State and local police should rededicate themselves to targeted problem areas. Road margins must be painted regularly, and signs should indicate pedestrians where appropriate. Schools and parents must educate children on how to walk safely to bus stops and how to cross safely at intersections. Thousands of children and teens living in far-flung housing developments desperately need that basic but potentially life-saving education.

Monroe County's fragmented state delegation — six senators and four representatives — should cooperate to push legislation that will allow local police, not just state police, to use radar on speeders.

And of course motorists themselves must commit to safe driving habits, dropping the cell phone and other distractions and focusing on the road.

The early enthusiasm behind the Safe 80 program paid dividends. Let's renew the local commitment to highway safety, helping to make driving a privilege and not a threat, and start saving lives again.”

See Expand Safety to Pocono Roads, April 14, 2009.

I apologize to the Pocono Record for quoting so extensively but they should get credit for saying it so well. I couldn’t have stated it any better. Are you sure you guys and gals aren’t personal injury lawyers?  Let’s hope the legislature follows their advice.

In a related story Susan Koomar, the Record Senior Managing Editor lists at least fourteen additional pedestrian-car-truck collisions in which the pedestrian was seriously injured or killed. Some pedestrians sustained a head injury and brain damage that did not kill them but more than likely disabled them for life. These collision scenarios include walking to school, walking home from work, walking to the bus stop, walking along the road side to get gas after running out of fuel, standing on a street corner waiting to cross, a child riding a bicycle, drivers veering and striking pedestrians while in pedestrian safe zones, driving while intoxicated and drivers speeding. 

 

 

 

Iowa's Pedestrians are always at risk of serious injury or being killed

Once again today we continue with the pedestrian-car-truck-bus-train collision news items. 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.

Burlington City, New Jersey – January 2009 – Highway Route 130 in Jersey proves one thing if nothing else; building interstate highways through congested areas without pedestrian bridges is a recipe for disaster. At this particular location there are so many people being killed that the Tri-State Transportation Campaign named the entire stretch of Route 130 through Burlington County and Atlantic County’s White Horse Pike as the two most dangerous roads in New Jersey for pedestrians.

In January a 26-year-old man was struck and killed while attempting to cross it. On December 9th a 4-year-old boy was struck and killed trying to cross at the intersection.

On Sunday of last, a 55-year-old woman was struck and killed while attempting to cross this highway.

All told, last year alone 12 pedestrians and four bicyclists were killed in the county. Not really bragging rights I’d say.

Pedestrian Safety – Recent news stories about how dangerous situation confront pedestrians

St. James, Missouri, April 2009 – This story is brought to us by The Rolla Daily News. Although I hate to sound trite, this is another pedestrian crossing the street collision with an oncoming car or truck where for whatever reason the driver doesn’t see the pedestrian, strikes and kills him. The driver this time is 21-years-old and the pedestrian is 29-years of age.

According the newspaper,

Scheider approached Interstate 44 from the south, was successful in crossing the eastbound lane but was struck in the westbound lane by Drew, who was westbound near Hutcheson Ford.

According to the report filed Cpl. Doug Melton of the Highway Patrol, and statements taken from Drew, Scheider appeared out of the median ditch and headed into the westbound traffic.

“The driver made the call immediately to 911 and said he hit a guy,” Melton said. “The guy came out of the ditch in-between I-44 and was trying to cross the interstate.”

…

The accident occurred just before 8:53 p.m. Friday, which is when the MSHP received the call.

On Monday, Crain warned pedestrians about dangers around interstates.

“The interstates are very dangerous. With vehicles traveling 70 mph, they’re upon you very quickly,” Crain said. “And at night, with headlights in your eyes, as this accident was, your depth perception is not as good. It’s very difficult to judge the speed of the car.”

Crain warned all pedestrians, and motorists who become pedestrians, to be careful on the roadways.

That’s good advice about how difficult it is to accurately determine the speed of oncoming traffic. Pedestrian safety is about being overly cautious and not running before you are sure of distances and speed of oncoming cars and trucks. Pedestrians can not be overly cautious. 

Dog is the cause of a crash in Wisconsin, killing two Iowans

Gary Boldt, 62 was driving a motor home nearing Verona, Wisconsin when a dog jumped into his lap. Startled, he lost control, drove across the median of U.S. Highway 151 and crashed head-on with an SUV being driven by John Seier, 55 and Travis Brune, 13 of LaMotte. Boldt is from Pewaukee, Wisconsin.

This would be considered negligence on the part of the driver or even a passenger. Controlling your pet while riding in a vehicle is the driver and owners responsibility. The nature of a dog being somewhat unpredictable does not excuse the driver. The duty to control your driving includes man’s best friend.

It's really pretty shocking how many things can go wrong while on the road that have nothing to do with you or your driving but can kille you anyways. This is one of those instances.

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.