On July 30th 2009 at about 7:30 p.m. a man riding a personal watercraft in the Cedar River died after getting to close to a dam and getting sucked under. While his name hasn’t been released the police have stated that he was wearing a life vest but the undercurrent was too strong. Mr. Buelow a Fire Department spokesman stated that, “roller dams have a re-circulating current and anything drawn into the current is pulled under and barreled into a wall”. One has to wonder what kind of safety precautions are set up to avoid things like this; are there clear markers of where riders should and shouldn’t be riding, is it safe to even be on a personal watercraft in this area, was there something that could have been done differently? Whatever the reason this is a tragic and untimely end to a life.

Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed. Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )

Labels: boat Dam death injury iowa lawyer or attorney Lombardi safety

Car and Tractor Trailer Accidents

8/8/2009
Steve Lombardi
Comments (0)

What distraction can cause a driver to miss stopping for a stop sign?

Many times we think of the other guy and what happens to him when he doesn’t stop for the stop sign or just fail to yield the right of way while turning. For young drivers it’s important to look at what it could mean to you, the driver who makes the mistake. It’s not always someone else with too much to do or too many distractions that make them miss a stop sign or fail to yield when turning. It can be you with too many younger adults in the car or truck. It could even be you that makes the mistake and pays the ultimate price; it could be you that dies.

Today we look at one such case. On August 2nd, 2009 Judith Fredrickson died after she failed to yield while making a left hand turn onto highway 141 Eastbound. Her 2009 Impala ran into a Northbound 2001 Jeep Cherokee driven by Noah Mayer of Harlan. There were 5 others injured as a result of the crash; Gerald Fredrickson, Rickey Dean, Mark Gunderson, Corey Leslie, and Schuyler Keisel. Rickey Dean was transported to the University of Nebraska Medical Center in Omaha by Life Net, Gerald Fredrickson, Noah Mayer, Mark Gunderson, Cory Leslie, and Schuyler Keisel were all transported by Crawford County Ambulance to Crawford County Memorial Hospital in Denison.

Look at all of the people whose lives are affected by this one inadvertent act of misdirected attention. As many of these as I see I still wonder, what they were doing or thinking about that leads the driver to fail to stop for the stop sign or doesn’t yield.

Labels: accident or collision or wreck car Crawford County death or injury Denison Harlan iowa lawyer or attorney Lombardi negligence

Construction Site Accidents

8/8/2009
Steve Lombardi
Comments (5)

Did this 24-year-old Iowa electrician die needlessly?

What caused the death of a 24 year old Des Moines electrician? That was the question surrounding the death of Chris Turney but now the autopsy has revealed that it was in fact caused by electrocution. Mr. Turney was standing on a metal scaffold working with electrical wires at the Hy-Vee under construction at College Square Mall in Cedar Rapids when it happened. OSHA is currently investigating and one has to ask how does something like this happen? The company Mr. Turney worked for; Kline Electric of Ankeny, was hired to install the new wiring for the store. Was this caused by a mistake of a co-worker, did Mr. Turney have proper training to be working in the area he was, or was this just a freak accident? Whatever the reason this is another regrettable example of the preventable loss of a young man in the workplace.

A review of the Iowa Industrial Commission decisions did not turn up an arbitration case against Kline Electric.

The Iowa Secretary of State’s website shows a Kline Electric, Inc. as corporation number 291108 from 2785 N ANKENY BLVD. , Ankeny, Iowa active since March 3, 2004. Filings with the Secretary of State are as follows.

W00374589	2	3/3/2004	3/3/2004	ARTICLES OF INCORPORATION
A06291108	1	4/20/2006	4/20/2006	BIENNIAL REPORT FILED
W00575333	1	6/23/2008	6/23/2008	AGENT'S CHANGE OF OFFICE
A08291108	1	7/1/2008	7/1/2008	BIENNIAL REPORT FILED

A general search shows Kline Electric, Inc. an electrical contractor, at a different address: 502 N Ankeny Blvd Ste 20, Ankeny, Iowa.

Hy-Vee is a large grocery store chain that together builds its own stores. Like many corporations they have found access to capital through selling stores to investors at a price determined on a low capitalization rate of the annual lease payments. One way to increase the net profit on the sale end is to lower your construction costs. There are various ways to accomplish lower costs, labor being one. Are these electrical workers union trained workers with stringent electrical safety training or workers who have learned the trade here and there? We have no way of knowing Mr. Turney’s background, but the news items from Radio Iowa and KITM fail to mention any union hall affiliation. Safety training is an important tool for your tool box. It’s not something you reach in and grab to show someone; it’s just something that may save your life.

So what might have caused this electrician to get electrocuted? My guess is that it’s a failure for the construction site workers to follow lock-out tag-out procedures. I could be wrong, but many times that is the breakdown or failure that kills a working electrician on the job site. I’ve got a section on the Lombardi Law Firm website dedicated to proper lock-out tag-out protocol. Essentially this is what LOTO is about. We’ve included blogs, video and helpful resources for you to learn more. Remember, safety first. I’ve personally handled these types of cases and I’m sorry to say the workers usually died and I represented the widows and children. I’ve included examples of other workers who have died when others on the construction site fail to follow the LOTO procedure.

On the Injuryboard I’ve covered this subject and also others have as well. See the following posts.

Construction Safety and Trial Lawyer Skills: LOTO or Lockout ...

Yesterday we covered Lockout/Tagout safety rules in a very general way. Today we look at it as lawyers are required. What is the law of Lockout/Tagout? ... 101k

Construction Safety: Video Training of LOTO or Lockout/Tagout ...

... Miscellaneous. Miscellaneous. Construction Safety: Video Training of LOTO or Lockout/Tagout Procedures for Electricians. Email Member. ... 99k

Construction Safety: The risk of being electrocuted | InjuryBoard ...

... The rules are known as the “lockout/tagout” procedure rules. ... 1. Define what is meant by Lock Out Tag Out (LOTO or Lockout/Tagout) and when it is used. ... 101k

"Worker Error" Hides Poor Management | InjuryBoard Tampa Bay

... It's called the "Lockout-Tagout" standard, technically known as the "Control of Hazardous Energy" standard, and is used to protect workers who may be repairing ... 101k

InjuryBoard Des Moines Archives | January 2009

Des Moines Personal Injury Lawyer | January 2009 Archives | InjuryBoard Des Moines. 101k

Being an electrician is dangerous. A good working knowledge of safety is essential.

When working on the electrical system of any job site all electricians and other workers involved must disconnect the power at the main box, then place a lock with their name tag on the electrical junction box door so no one is able to turn the power back on while they are touching the otherwise live wires. If another worker at the same time wishes to work on the electrical system, he too places his lock and tag on the first lock. That signals the first guy that someone else is working on the electrical system and needs to contact before the electrical juice is turned back on.

So what happens that makes this system not work? Well, people don’t follow the LOTO procedure. The general contractor in charge of the site doesn’t enforce the rules, things get slack and pretty soon you have a safety culture that is corrupted and it can lead to the death of a worker.

Did it happen in this instance? We don’t know. I’m sure IOSH along with OSHA are investigating and will get to the bottom of it.

For the young electricians out there pick up an application with Iowa’s electrician’s apprenticeship program and learn the ins and outs of safety. The electrician’s union has offices in Des Moines, Dubuque, Fort Dodge, Mason City, Sioux City and Waterloo. Remember a good safety education through the IBEW Local 347 in Central Iowa may save your life.

Hy-Vee began in the 1930’s by two men, Charles Hyde (1883-1970) and David Vredenburg. With a goal to provide “good merchandise, appreciative service and low prices,” Charles Hyde (1883-1970) and David Vredenburg (1884-1949) opened a small store in Beaconsfield, Iowa, in 1930. The store was leased only a few weeks before the stock market crash of October, 1929. The two men began calling their operation Hyde & Vredenburg in 1933.

Today Hy-Vee has grown to more than just a grocery story. They also team up with Weitz Construction to build these stores. That company is known as Hy-Vee Weitz Construction.

“Since 1995 Hy-Vee Weitz Construction has built its reputation on award-winning, quality construction for Hy-Vee, Inc. We are now prepared to offer our extensive services to a broader market.”

The dependent spouse and children are entitled to workers’ compensation benefits as well as other damages if liability can be shown arising from another contractor’s employee’s negligent actions. Protect yourself, know your rights and be diligent about enforcing them.

La misión de OSHA

Más de 100 millones de trabajadores cuentan con OSHA

La misión de OSHA es la de asegurar la seguridad y salud de los trabajadores in América estableciendo y haciendo cumplir normas, ofrecimiento de adiestramientos y educación, estableciendo asociaciones y motivando a un mejoramiento continuo en la seguridad y salud en el lugar de trabajo.

Nuestros servicios

OSHA y sus socios estatales disponen de aproximadamente 2100 inspectores, así como de investigadores de quejas por discriminación, ingenieros, médicos, educadores, redactores de normas y de otro personal técnico y de apoyo en más de 200 oficinas en todo el país. Estos profesionales establecen normas de protección, aplican dichas normas y se relacionan con empleadores y empleados mediante programas de asesoramiento y de asistencia técnica.

El público que servimos

Casi todo hombre o mujer en la nación se halla al amparo de la jurisdicción de OSHA (aunque existen ciertas excepciones entre mineros, trabajadores del transporte, muchos empleados del sector público y trabajadores independientes). Otros usuarios y recipientes de los servicios de OSHA incluyen: profesionales de la seguridad y salud ocupacional, la comunidad académica, abogados, periodistas y personal de otras organizaciones gubernamentales.

Plan para el mejoramiento de servicio

OSHA ha determinado utilizar eficazmente sus recursos limitados con el fin de promover el compromiso entre la administracion de la empresa y la participacion de empleados en programas de salud y seguridad en el trabajo.

Estudio de nuestro público

El personal de OSHA se dedica a mejorar la calidad de nuestros esfuerzos y sabe que nuestro éxito depende de una agencia cuyo impulso mayor es el compromiso al servicio público. OSHA debe primeramente escuchar y responder a sus clientes. Por lo tanto, hemos realizado una encuesta cuyo fin es saber más sobre la opinión que tienen los empleadores y los empleados de los servicios de OSHA.

Debido a que las inspecciones de los lugares de trabajo representan una de las actividades principales de OSHA y ya que los esfuerzos voluntarios para mejorar las condiciones laborales finalmente dependen de una aplicación firma de la ley, nuestra encuesta enfocó principalmente el proceso de inspección. Hemos realizado una encuesta al alzar entre empleados y empleadores que fueron inspeccionados por OSHA recientemente pidiendo su opinión de la inspección en particular y de las normas y otras actividades educacionales y de ayuda en general.

Normas del servicio

Hemos basado las nuevas normas de OSHA para el servicio público se basan en lo que aprendimos de las encuestas, de reuniones con grupos de empleados y de empleadores y de grupos de discusión con trabajadores de varias plantas e industrias en todo el país.

Nuestro programa para el mejoramiento del servicio público se realizará en forma continua. Seguiremos recopilando información sobre la calidad de nuestro desempeño en la entrega de servicios en areas que no forman parte de la encuesta de este año, especialmente en el sector de la construcción. Además, el año próximo tenemos previsto aprender más sobre la reacción del público frente a nuestros programas de asistencia y asesoramiento.

Labels: attorney or lawyer Central Iowa construction site dependents died or death or killed electrician electrocuted Hy-Vee Hy-Vee Weitz Construction IBEW 347 iowa Kline lock-out-tag-out Lombardi safety TOTO Turney widow workers compensation

Cheerleading Safety and the Law of Cheerleading

8/7/2009
Steve Lombardi
Comments (0)

Wisconsin Cheerleaders are at Risk, Parents Protect your Child's Future

Today we’re going to talk more about cheerleading safety standards and parental involvement with the cheer squad. With the draconian legislative tort-reform measures put into place, it’s important for every parent to understand the safety standards their cheer coach should follow, when they aren’t and what risks their child is being exposed to. In addition college cheerleaders need the same information to make a choice as to what cheer stunts they should or shouldn’t be performing.

Cupie/Awesome - A stunt in which both feet of the top person are in one hand of a base.

I’ve listed on both the InjuryBoard site today and on the Lombardi Law Firm site the links to the applicable safety standards for high school and college cheerleading squads. These are standards they are supposed to follow. Each level of cheer competition should also be asking the questions about whether their coach has been through the safety course and what team member has also attended a safety course. That’s the standard rule and it’s in place for the protection of cheerleaders against catastrophic injury or death.

2009 – 2010 AACCA High School Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA College Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA High School Safety Rules – at the AACCA

2009- - 2010 AACCA College Safety Rules – at the AACCA

Link to Lombardi Law Firm’s links for high school and for college safety rules for 2009 – 2010.

A parent on each team should print out these rules (They are available as a pdf document, just follow the above links.) and hand them out to other parents and cheerleader squad members. Parents should ban together to make sure these rules are adhered to; because if you child is catastrophically injured, and this is especially true in Wisconsin, you’re on your own as far as catastrophic medical insurance along with liability issues.

What I find interesting is the language parents need to learn. Fathers and mothers will be learning what is meant by a base, a cradle, a cupie/awesome, a dive roll, and a flatback, a flip, loading position, middle, pyramids, rewinds, spotter, stunt, top and a toss. The rules are preceded by a definition section, then general program guidelines, then general restrictions, partner stunts and then guidelines for pyramids, tosses tumbling and specifics for indoor hard surface restrictions.

InjuryBoard Coverage of Cheer Safety

A New Era In Safety May Be Dawning for Cheerleaders | InjuryBoard ...

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF ... She regularly provides information and press releases for cheer safety. ... 101k

Here is what is wrong with Wisconsin's Anti-Cheerleader Tort ...

... Listen to the podcast. Follow the safety rules for high school and college cheer safety! ... You have to do the same with your personal cheer plan. ... 101k

If cheerleading is so safe why have so many cheerleaders died? ...

The National Cheer Safety Foundation has released Rehearsed Catastrophic Injury Emergency Plan For Competitive Cheerleading. ... 101k

Who Is Protecting Our Cheerleaders? Revisited | InjuryBoard Austin

... Our focus is coaching education for cheer coaches. ... Something else to keep in mind--the turnover rate for cheer coaches is huge. ... 98k

School Safety / Cheerleading: Fitting the uniform...and the image ...

... A recent article in Sports Illustrated highlighted the controversy surrounding an Idaho High School after fans were outraged about the cheer squad's teeny-tiny ... 101k

School Safety / Cheerleading: Sport or no sport, it's time for ...

... athletic endeavor.” Agreed. The organization also states outright on their homepage: “As the parents of cheer athletes,.... ... 101k

School Safety / Cheerleading: Acknowledged as competitive, but not ...

Iowa Elite Cheer, Inc. (which is a competitive organization that ... Iowa Elite Cheer, Inc. (which is a competitive organization that ... 101k

Protect yourself and your child, know your rights and how to stay alive and well. Enjoy your weekend.

Labels: attorney or lawyer catastrophic injury cheer safety cheerleading death iowa Lombardi paralysis paraplegia quadriplegia

8/7/2009
Steve Lombardi
Comments (0)

Cheer Safety News Compendium from Across the Country

Mankato, Minnesota – August 1, 2009 – Minnesota Vikings’ Cheerleaders held a cheer training camp for about 250 young girls at Minnesota State University’s Blakeslee Stadium. One of the professional cheerleaders, Jenna is a college student who works the sidelines cheering with two lawyers, an engineer, a scientist and several other college students for the Viking home games.

Youth Football Coaching Blog – August 2, 2009 – The question is asked about what rules for stunting apply to a 6^th to 8^th grade cheer squad. The coach did a search and didn’t come upu with any rules. The writer indicates following NFHS rules but imposes further restrictions based on age and ability level. Enforcing safety cheer stunt rules is difficult because not every team belongs to a similar cheer organization. A commenter points to the National Cheerleading Association for guidance.

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

Labels: attorney or lawyer catastrophic injury cheer safety cheerleading death iowa Lombardi paralysis paraplegia quadriplegia

8/7/2009
Steve Lombardi
Comments (0)

Cheerleading Parents, to Avoid Catastrophic Injury to your Teen, Get Busy Learning the Cupie/Awesome

Cupie/Awesome - A stunt in which both feet of the top person are in one hand of a base.

2009 – 2010 AACCA High School Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA College Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA High School Safety Rules – at the AACCA

2009- - 2010 AACCA College Safety Rules – at the AACCA

Link to Lombardi Law Firm’s links for high school and for college safety rules for 2009 – 2010.

InjuryBoard Coverage of Cheer Safety

A New Era In Safety May Be Dawning for Cheerleaders | InjuryBoard ...

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF ... She regularly provides information and press releases for cheer safety. ... 101k

Here is what is wrong with Wisconsin's Anti-Cheerleader Tort ...

... Listen to the podcast. Follow the safety rules for high school and college cheer safety! ... You have to do the same with your personal cheer plan. ... 101k

If cheerleading is so safe why have so many cheerleaders died? ...

The National Cheer Safety Foundation has released Rehearsed Catastrophic Injury Emergency Plan For Competitive Cheerleading. ... 101k

Who Is Protecting Our Cheerleaders? Revisited | InjuryBoard Austin

... Our focus is coaching education for cheer coaches. ... Something else to keep in mind--the turnover rate for cheer coaches is huge. ... 98k

School Safety / Cheerleading: Fitting the uniform...and the image ...

... A recent article in Sports Illustrated highlighted the controversy surrounding an Idaho High School after fans were outraged about the cheer squad's teeny-tiny ... 101k

School Safety / Cheerleading: Sport or no sport, it's time for ...

... athletic endeavor.” Agreed. The organization also states outright on their homepage: “As the parents of cheer athletes,.... ... 101k

School Safety / Cheerleading: Acknowledged as competitive, but not ...

Iowa Elite Cheer, Inc. (which is a competitive organization that ... Iowa Elite Cheer, Inc. (which is a competitive organization that ... 101k

Protect yourself and your child, know your rights and how to stay alive and well. Enjoy your weekend.

Labels: attorney catastrophic cheer safety cheerleaders death injury iowa lawyer Lombardi paralysis

Wrong-way Interstate and Highway Collisions in Iowa

8/6/2009
Steve Lombardi
Comments (0)

Wrong-way Drivers Collide - Snowbanks on the roads edge can leave no way out for wrong-way interstate drivers

Fredericton, Canada - December 2007 - A 61-year-old woman drove the wrong-way on a divided highway named Vanier Highway, the other head-on crash victim died. The wrong-way driver suffered a broken ankle but learned the person who died was a friend. The wrong-way driver was charged criminally and the trial testimony along with expert witness testimony is reported in the Daily Gleaner. Factors contributing include no signage of wrong-way entry, a sign that was leaning over and snow banks along the road making pulling over impossible.

“Under cross-examination by defence lawyer Patrick Hurley, he testified that at the time of the accident, there was no signage along the Kimble Drive off-ramp warning motorists who might be travelling the wrong way down that access point to the highway.

He also said a photo he took showed that the median sign at that Kimble Drive exit, indicating which side of the median drivers should remain on, was crooked and leaning left.

Conversely, there was a sign with a Do Not Enter symbol at the Liverpool Street ramp, he said, and since the accident, signage has been added to the Kimble Drive ramp to warn motorists about travelling the wrong way.

Hurley also questioned several witnesses about the lack of room to pull over on the Vanier Highway on Dec. 21, 2007.

He suggested that snowbanks along the shoulder made it impossible to pull over and that the area by the median wasn't wide enough for a car.

While Wayne Christie agreed with those suggestions, others witnesses didn't, indicating there was just enough room by the median to pull over in some areas.”

Newport, Michigan – July 2009 - I-275 in Monroe County at 4:30 PM about 28 miles southwest of Detroit. No further details given.

Wrong-way drivers are causing deaths in America’s interstate highway system all across the United States. Wrong-way collisions can have several causes and there are things we can do to educate ourselves from being involved in one. With two vehicles traveling towards one another at 70 mph death is almost certain. So what can you do to avoid being in one?

For several months I’ve collected news items on wrong-way collisions and have analyzed where, when and how they occurred. There have been so many that I can only cover the month of July for 2009 and that is enough to provide us with 70 separate wrong-way collisions from hundreds of news stories. From these news reported collisions that here are the general causes and how we can avoid being one of those who die from a wrong-way driver coming towards us at 50 to 70 mph.

I became interested in this subject back in November 2008 when I wrote, Interstate Highway Safety: Part I - Ghost drivers continue to be a problem on U.S. Interstate Highways and followed up with Interstate Highway Safety - Ghost Drivers – Part II. Since then other InjuryBoard members have written and the discussion has become varied and lively. So do a search on the InjuryBoard and see what the lawyer in your state has said about wrong-way drivers or “ghost riders”.

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?

Labels: accident Des Moines injury or killed iowa lawyer or attorney Lombardi pedestrian Polk County

Wrong-way Interstate and Highway Collisions in Iowa

8/5/2009
Steve Lombardi
Comments (0)

Wrong-way Drivers Collide in Florida, California, Indiana and Canada

Spring Hill, Florida – July 2009 - Wrong-way driver on Commercial Way. Driver was suspected of Dui but blew a negative breath test. The 28-year-old driver’s mother indicated she was probably on either prescription drugs or methamphetamines.

Saskatchewan, Canada – July 2009 - A $2,500 fine was issue to a man who had caused a collision when driving the wrong way while driving under the influence.

“Court heard two women travelling (sic) southbound on Ring Road between Victoria and Arcola avenues were shocked to suddenly see a truck heading right for them. Witnesses described something between a head-on collision and a side swipe as the two vehicles connected. They estimated the offending vehicle was travelling (sic) at highway speed or somewhat over at the time of impact.”

Los Angeles, California – July 2009 - Stolen vehicle driving wrong-way on La Cienega Bouldevard. Male driving a stolen Lexus SUV.

Indianapolis, Indiana – July 2009 – I-74, eastbound driver in westbound lanes of travel, 59-year-old female driver struck the rear duals then went airborne and struck another semi-truck head-on. The woman was pronounced dead at the scene. She was driving an SUV although the news reports don’t’ say what make and model.

Boating & Water Injuries and Accidents

8/5/2009
Steve Lombardi
Comments (0)

Boating Safety - Here are links to places on the WWW where you can get tips on boat safety.

Minnesota Department of Natural Resources – I’ve heard it said that in Minnesota there are two seasons: fishing and hunting. With over 10,000 lakes the DNR has an enormous task of monitoring use of the indigenous waters. Safety tips from the Minnesota DNR are available online and are free.

Wisconsin Boating Safety Classes – The Dodge County Sheriff’s Office is offering boating safety classes from June 29^th through July 2 at the sheriff’s department located at 124 West Street, Juneau, Wisconsin. It will cost you $10, an amount well worth a saved life. Get your kids out of the house, away from the television and into one of these classes.

Boat Building – The boat builder’s home page has an entire blog devoted to just boating safety. The boat builders cover everything from carbon monoxide poisoning to paddling, boating news and boating accident analysis. If you need safety advice this appears to be a good stop. You can search the site for just what you’re looking to read. They offer an extensive links page that includes the following.

Links to New Boat Builders Home Page

· New Boat Builders Home Page

· Ike's List - Links to Everything Boatbuilding!

· New Boat Builders Home Page Boat Builder News

· My Space Page

Cheerleading Safety and the Law of Cheerleading

8/4/2009
Steve Lombardi
Comments (0)

The Dangers A Cheerleader's Parents Need to Watch For

Dear Parents: As parents you are the front line defense to making sure your child is safe. If your child is a cheerleader follow these guidelines. Cheerleading is the number one cause of catastrophic injury in young females. No one is helping you anymore. After your child gets injured the school district will turn their back on you. Your insurance company will try to get out of paying for extended rehabilitation services. And the politicians will vote for more tort deform. You are your chid's only hope.
Here watch this video.

Just How Dangerous Is Cheerleading? - July 24, 2009 – This is a short article not providing much analysis but the author did create a checklist for ways to make cheerleading safer for your child. The article makes mention of “fliers”, cheerleaders who because of being tossed in the air require smaller-lighter cheerleaders, normally girls, who suffer the greatest degree of injury. The safety preparation list included

Ask whether the coach is certified by the US All Star Federation for Cheer & Dance Teams or the American Association of Cheerleading Coaches and Administrators (AACCA); find out of that certification is current. If your child’s school does not require certification, insist that they change their policy.
Ask what governing board established the safety rules your child’s school uses. Look for rules developed by the AACCA or the All Star Federation.
Ask if emergency medical response plans are in place. Make sure that the policy is to call 911 first in the event of an injury and call the parent second.
Find out where practices take place. The space should be adequate in size, supplied with proper mats and equipment, and free from distractions.
Ask your child if she ever feels pressured to attempt maneuvers she does not feel are safe, and whether mastery of one part of a maneuver is achieved before the next step is practiced.
Find out what kind of warm-ups and strength training are included in the program.

As parents you are the front line to making sure your child is safe. If your child is a cheerleader follow these guidelines. No one is helping you anymore. After your child gets injured the school district will turn their back on you. Your insurance company will try to get out of paying for extended rehabilitation services. And the politicians will vote for more tort deform. You are your chid's only hope.
- How dangerous is cheerleading?
- NCSF and NCSSE Team Up for Cheer Safety

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Cheerleading Safety and the Law of Cheerleading

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Cheerleading Safety and the Law of Cheerleading

Cheerleading Safety is an article written by Valerie Ninemire for About.com concerning what coaches and cheerleaders should do to prevent being injured while cheering. Here is what Valerie lists as the reasons cheerleaders get injured and then how to prevent such injuries.

Why Cheerleading Injuries Occur

· Lack of conditioning and not being physically prepared

· Untrained coaches, instructors or advisors

· Poor decision making by instructors or participants

· Risk taking attitudes

· Inadequate supervision

· Inadequate equipment (example: improper shoes)

· Non-cushioned surfaces

· Poor nutrition

· Attempting difficult stunts before being ready

What You Can do to Prevent Injuries

· Adhere to all rules and regulations

· Practice on mats or pads

· Wear well fitting shoes with proper cushion and support

· Have an emergency plan in place and practice it

· Require proper spotting

· Gradually progress to difficult stunts and skills

· Become educated and certified in safety, first aid and CPR

· Require and use the proper techniques

· Learn how to identify eating disorders

· Treat all injuries as soon as they happen

· Increase flexibility

· Strengthen lower back, abdomen and shoulders

· Gradually increase intensity of practice

She lists suggested readings and a list of interesting articles. The book Developing A Successful Cheerleading Program, by Pan Headridge and Nancy Garr looks like interesting reading and is available at Amazon.com as well as Barnes & Noble.com. The book costs $12.54 and if it saves a life or prevents an injury that results in a life of misery, then it is well worth the price. Coaches Choice if the publisher and it’s in paperback. The ISBN is 9781585188994. Headridge also wrote 101 School Spirit Ideas. Cheerleading, by Inside Cheerleading Magazine is another resource for cheerleading programs to design their program around safety.

Coaching Cheerleading Successfully, Linda Rae Chappell is described as the definitive how-to book is sure to meet the needs of the growing number of cheer coaches, sponsors, and parents. Covering both support and competitive cheering, it explains cheer techniques and tactics, as well as how to plan and develop cheerleading programs. Through text and illustrations, you'll learn basic cheerleading skills - hand positions, arm and leg motions, and jumps; how to combine skills to develop the precision and timing required of a top squad; mounts and pyramids, from beginning to advanced; how to develop a coaching foundation and plans for the season; important safety guidelines from the National Federation of State High School Associations; and much, much more.

With states allowing the costs of mistakes to be shouldered by the cheerleaders and their parents it’s more important than ever that they have the right insurance and personal safety plan. Cheerleaders need to make decisions about those stunts they will and will not do. This reminds me of a summer during law school when I worked construction building grain storage facilities. My boss was a great guy I totally enjoyed the hard work. His name was Tell Coffey and he was tough but always fair. For months I worked the ground as a carpenter framing walls and ceiling panels. After all panels were poured the idea was to lift each panel off the ground and set it into place using a crane. Each panel weighed probably more than 1,000 pounds. The day they were to set panels he motioned me to stand on a panel that had been hooked up to the crane. As we rode up to the top of a couple of walls that had been set he motioned for me to get off and to stand on a 6” wide wall panel. I looked at him, and with a smile said, Tel, I’ve not worked this hard in my life to get killed or brain damaged. I wasn’t willing to risk my brain or life for a few dollars. I’d worked too hard to get into and through a year of law school and wasn’t willing to risk losing it all. You have to do the same with your personal cheer plan. Decide what you are willing to risk and just say no.

On this page I’m going to develop information devoted to keeping you safe and informed about developments in Cheerleading. It will cover high school and college or university cheerleading programs. If you find an interesting article send me the name, author and/or link. I’ll add as many as I can and link to those organizations that promote cheerleading and cheer safety. Let’s work together to keep you safe, happy and moving onto the next stage of your young lives.

Library for Cheerleading Safety and the Law of Cheerleading:

2009-2010 AACCA High School Safety Rules
Description: Here you'll find the AACCA High School Safety Rules for the 2009 - 2010 school year. Join us for Safety First and save a cheerleader's life.
2009-2010 AACCA College Safety Rules
Description: The AACCA is the American Association of Cheerleading Coaches and Administrators – more than 20,000 cheer coaches. The 2009 - 2010 Cheerleading Safety Rules for Collegs is provided here.
NCSF & NCSSE Partner for a New Era in Cheer Safety
Description: The National Cheer
Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”
NCSF & NCSSE Partner for a New Era in Cheer Safety [PDF]
Description: The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

Labels: attorney or lawyer catastrophic injury cheer safety cheerleading death iowa Lombardi paralysis paraplegia quadriplegia

8/4/2009
Steve Lombardi
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How dangerous is cheerleading?

Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.

United States Sports Academy – July 24, 2009 – Kimberly Archie, Executive Director of the National Cheer Safety Foundation (NCSF) visited the USSA campus and presented Dr. Thomas P. Rosandich a plaque. Kim paid the good doctor a visit to discuss the necessity for developing cheerleading safety programs to make cheer safety a number one priority in what is still the most dangerous sport. The U.S.S.A. offers bachelor, masters and doctorate degrees in sports science and management.

Ask whether the coach is certified by the US All Star Federation for Cheer & Dance Teams or the American Association of Cheerleading Coaches and Administrators (AACCA); find out of that certification is current. If your child’s school does not require certification, insist that they change their policy.
Ask what governing board established the safety rules your child’s school uses. Look for rules developed by the AACCA or the All Star Federation.
Ask if emergency medical response plans are in place. Make sure that the policy is to call 911 first in the event of an injury and call the parent second.
Find out where practices take place. The space should be adequate in size, supplied with proper mats and equipment, and free from distractions.
Ask your child if she ever feels pressured to attempt maneuvers she does not feel are safe, and whether mastery of one part of a maneuver is achieved before the next step is practiced.
Find out what kind of warm-ups and strength training are included in the program.

Labels: attorney or lawyer catastrophic injury cheer safety cheerleading death iowa Lombardi paralysis paraplegia quadriplegia

Car and Tractor Trailer Accidents

8/4/2009
Steve Lombardi
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Is PCP bad for you?

On July 14th 2009 John Wakefield was a passenger in a car travelling Northbound on I-29 when he asked the driver Jermaine Finley to stop alongside of the road. After exiting the vehicle it’s alleged that Mr. Wakefield than laid down in the highway where he was subsequently ran over by a semi driven by Kenneth Olson. Witnesses have stated that the semi driven Mr. Olsen was unable to slow or swerve in time to avoid running over Mr. Wakefield. Jermaine Finley has since been arrested and charged with leaving the scene of a fatal accident, stopping in the travel portion of the road, no driver’s license and making a false report to a police officer. It has been alleged that Mr. Wakefield was under the influence of PCP and Marijuana. The investigation is ongoing and authorities have asked for help in gathering information. If you do have information you’re being asked to contact the Monona County Sheriff’s office at 1-800-859-1414, the Iowa State Patrol at 712-732-1341 or the Iowa Division of Criminal Investigation at 712-252-0507.

Labels: death injury iowa lawyer Lombardi PCP

Cheerleading Safety and the Law of Cheerleading

8/3/2009
Steve Lombardi
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NCSF and NCSSE Team Up for Cheer Safety

Kimberly Archie, director of the NCSF is a tireless advocate for safety and works tirelessly to make the sport safer for those participating. Frederick O. Mueller, Ph.D. probably says it best when he points out the efforts of the NCSF are to apply science to cheering, making it a safer sport. By applied standards they should be able to reduce the number of injuries, disability and deaths from cheer injuries. We can deny it all we want, but like sticking our head in the sand injuries and deaths won’t just go away, without those in charge taking charge.

I for one can attest to Kimberly Archie's dedication. She regularly provides information and press releases for cheer safety.

For more information visit www.nationalcheersafety.com or contact us at 800-596-7860. To report cheer injuries go to www.cheerinjuryreport.com.

Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.

Labels: attorney or lawyer catastrophic injury cheer safety cheerleading death iowa Lombardi paralysis paraplegia quadriplegia

Motorcycle Accidents

8/2/2009
Steve Lombardi
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Child on the Rear, this Motorcyclist is charged with Child Endangerment

On July 24^th 2009 Stacey Pierson was charged with child endangerment, attempting to elude and driving with a suspended license. He is accused of leading police on a high speed chase with his 12 year old child on the back. The chase along Interstate 380 near in interchange reached speeds of 80 mph and according to court documents caused “a substantial risk” to the child.

As a parent I find myself asking what was he thinking? For those of you who follow my blog you have to know I have written extensively on bike safety and the need to wear helmets, but when one blatantly disregards the law it puts the driver and the passenger of the bike in even more danger. Helmet or not the faster you go on a motorcycle the greater your risk of serious injury, so again you have to ask yourself what was he thinking?

Have you been involved in a motorcycle accident or wreck? Do you need a lawyer to assist you? Welcome to the Lombardi Law Firm website. Lombardi Law Firm has litigated in the area of motorcycle accidents since 1981.

We try to make our website an interesting source of information for all people who may have suffered an injury or been killed. We attempt to provide information that makes you more aware of how to avoid injury and death. We are here to assist you to stay safe or if injured or killed to assist with your legal claim for civil damages. Call us if you have legal questions or if you have safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety questions that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law. Join us in keeping the construction site safe.

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 28 years in civil litigation including death and injury cases for workers and their spouses from construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site.

Know your rights, act proactively and protect yourself.

Labels: death injury iowa lawyer Lombardi motorcycle

Car and Tractor Trailer Accidents

8/2/2009
Steve Lombardi
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Van Crashes into Train in Adams County, Iowa

On July 20^th 2009 a man driving a van crashed into a moving train in Adams County. While the crash happened two miles east of Nodaway near the RAGBRAI route it was not apparently a RAGBRAI support vehicle. Sheriff’s stated that one person was in the van at the time of the crash and that he apparently wasn’t seriously injured. While the cause of the crash is currently under investigation and the driver didn’t (or wouldn’t) say why he hit the train you have to wonder if there was some distraction in the van. For instance we’ve seen many driver distractions that include texting, talking on the phone, pets, children or being under the influence? Whatever the reason we are happy he’s alive and not seriously injured.

Labels: attorney or lawyer car or van or truck or motorcycle crash death or killed injury iowa Lombardi train

Workers' Compensation

8/2/2009
Steve Lombardi
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Pipe Rolls off Truck Killing Ft. Dodge Man

On Monday July 20^th 2009, Larry LaCroix of Fort Madison died at University of Tennessee Medical Center in Knoxville after he was crushed by a load of pipe he was delivering to the cleanup site of a coal ash spill in Tennessee. Mr. LaCroix was releasing a hold-down strap on his flatbed trailer when the 20-inch diameter pipe came loose and rolled on top of him officials said The cleanup was halted temporarily so that safety procedures could be reviewed with the hundreds of workers at the site.

While deaths like this happen all the time a majority of the time they are completely unavoidable and you have to ask yourself a couple questions:

1. Did the procedures in place lead to the untimely death of Mr. LaCroix?

Were the safety procedures followed by Mr. LaCroix and by the other workers involved?
Were the workers being pushed along to unload quickly or in ways an accident was inevitable?
What if anything could have been done to prevent such a tragic death?

Dependents of Mr. LaCroix are entitled to workers’ compensation benefits. Those benefits may be higher in Iowa, of which they may be entitled. The insurance company isn’t likely, based on past practices in the industry, to pay the highest benefits to the widow or dependents. The dependents should contact an Iowa lawyer to review how much is being paid in weekly indemnity benefits. Weekly indemnity benefits are those benefits received like a pay check. He is also entitled to some death benefits and medical benefits.

1. Should workers’ compensation benefits be paid in Iowa or Tennessee?

2. Are there dependent benefits owing?

3. If benefits are being paid, is the correct amount being paid?

4. Have all death benefits been paid?

The Des Moines Register article indicates the construction site was at the Tennessee Valley Association’s Kingston Fossil Plant near Knoxville. He was working for WW Transport from West Burlington, Iowa. There are two companies with similar names registered in Iowa.

150289	W. W. TRANSPORT, INC.	Active	Legal
272526	W.W. TRANSPORTATION, INC.	Active	Legal

W.W. Transport, Inc. is out of Burlington, Iowa on Mt. Pleasant Street. (Corp. No. 150289)

W.W. Transportation, Inc. is out of Ft. Dodge, Iowa. (Corp. No. 272526)

W.W. Transport, Inc. has offices in Iowa, Illinois, Ohio, Pennsylvania, Florida, North Carolina, Texas and Indiana. The main office is in West Burlington. webpage states:

W. W. Transport was started in 1991 when Jeff Walters, (president of the company), saw an opportunity to better supply raw materials to a local concrete company. Jeff and a few partners bought a truck and a specialized trailer to haul aggregate and cement to the pre-cast concrete company. They also purchased a flatbed trailer to help with the delivery of finished product. It was not long before they ventured into bulk hauling, vans and specialized hauling with flatbed and heavy haul equipment. The company has grown to a fleet of over 200 trucks with terminals in PA, IL, FL, TX and OH. Our largest division at this time is the bulk division followed by flatbed and van.

Straitline Transportation is owned and operated as a separate company, while residing under the same roof as W. W. Transport. Straitline owns assets, and leases them to W. W. Transport. Straitline’s main responsibility is to operate a brokerage and logistics company that works as a partner with W. W. Transport. W. W. and Straitline are two separate companies that work together for the benefit of our customers. We have the ability to move freight as an asset based carrier or a brokerage. We operate trucks in the 48 contiguous states and have customer and carrier contacts all over the nation. We have experienced drivers, and strive to maintain a clean and safe fleet.

We hope to grow our brokerage and fleet operations by partnering with quality minded, leading edge customers that are looking for a quality carrier that can handle all their transportation needs. We want to provide a one-stop shop for our customers. We believe that profitability is important for both parties and that in order to make money, quality communication is key. We work hard to make ourselves accessible and will continue to work and grow with the customers we serve.

After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer. Steve Lombardi has practiced in the area of workers compensation for almost 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois. Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.

Labels: attorney or lawyer Burlington Ft. Dodge injury or death iowa Lombardi Pipe unload Tennessee W.W. Transport workers compensation

Wrong-way Interstate and Highway Collisions in Iowa

8/1/2009
Steve Lombardi
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Wrong-way Drivers Collide in New York, California and Canada

Syracuse, NY – July 2009 – Three people died, wrong-way driver on Route 481, 60-year-old male. The at-fault driver had an 82-year-old passenger who also didn’t realize they were traveling the wrong way. The driver of the car they struck was 27-years-old and died in the collision. City of Fulton, New York – July 2009 – Route 481 is the roadway that a driver drove the wrong-way for over 17 miles speeding along before crashing with another vehicle. The 60-year-old driver was driving south in the northbound lanes of travel. The police received 16 emergency calls about this car that was going the wrong-way while Oswego County received 23 phone calls. Channel 9 WSYR also covered this story and has video, both edited and raw footage available for viewing.

Chiriaco Summit, California – July 2009 - I-10, 2:05 A.M., 90-year-old driver and his wife passenger escaped serious injury when their pickup truck driving westbound in the eastbound slow lane collided head-on with a semi-truck. The Ford pickup hit the semi-truck head-on even though the semi driven by a Missouri man swerved towards the fast lane in an attempt to avoid the collision sideswiped a van and ended up in the median.

Canada – Highway 99 – July 2009 - entered from highway 10 – heading southbound on the northbound freeway lanes – 84-year-old woman – the only fatality was the wrong-way driver; all others were injured but not severely – one crash occurred on the other side of the highway when a driver attempting to avoid the wrong-way driver crossed the median striking oncoming motorists. Highway closed for six hours. Speed was 100 km/hr.

8/1/2009
Steve Lombardi
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Wrong-way Drivers Collide in Minnesota

Twin Cities, Minnesota – July 2009 – 49, y.o. female, OWI – BAC .33 legal is .08. Wrong-way driver on McAndrews Road in Burnside, MN. Slight injuries to both drivers, the story is covered by Pioneer Press.

Baldwinsville, NY – July 2009 – Route 481 – three deaths. A 60 yo male driver driving south in the northbound lanes. Victims were the other driver, age 27 and the at-fault driver’s passenger, 82-year old female.

“State Police released more details Monday on Friday night's crash. Troopers say witnesses reported seeing 60-year-old Gary Foster of Syracuse enter the highway's northbound lanes in Fulton and drive several miles south before colliding with another car driven by Reed. Foster and 82-year-old Jacqueline Grove, a passenger in his car, both died in the accident.”

Scottsdale, Arizona – July 2009 – 36-year-old woman left driveway the wrong-way on Indian School Road resulting in a head-on collision injuring all four people. Charged with DUI/OWI. Drunk Driver Causes Wrong-Way Crash. 11:10 A.M.

Asheville, South Carolina – July 2009 – Good luck figuring this one out. Asheville Police have charged a man after initially charging another man with the same crime.

“Police have charged 37-year old Jimmy Eugene Jordan, of Asheville, and charged him with reckless driving to endanger, speeding, fleeing to elude arrest, driving while license revoked and assault with a deadly weapon on a government official. According to a spokesperson for the Asheville Police Department, due to information given to them by 36-year old Nicole Leah Thompson-Dockery, of Candler, they had charged 43-year old Craig Ross Griffin, of Leicester, with driving the wrong way down a one-way street on July 16 and nearly striking an officer conducting traffic enforcement.

The spokesperson says that Thompson-Dockery, who wanted for Parole and Probations violations in Mecklenburg County, was a passenger in the vehicle at the time of the incident. Officials say she intentionally misled officers and gave them Griffin’s name in order to get him in trouble with police and subsequently Jordan was identified as the driver of the vehicle.

Police are currently seeking Jordan. If anyone has any information as to his whereabouts they are asked to call Asheville Police at (828) 252-1110 or Crime Stoppers at (828) 255-5050.”

Delta, Canada – July 2009 - Highway 99 in Delta, 5:30 PM rush hour, Tuesday, five vehicles, one fatality, traveling southbound in the northbound lanes; a three car collision was caused when a driver attempted to avoid colliding with the wrong-way vehicle. The wrong-way driver was an 81-year-old female who was killed.

8/1/2009
Steve Lombardi
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Wrong-way Drivers Collide in Texas

Dallas, Texas – July 2009 – Dallas North Tollway – June 1, 2009 you can listen to the 9-1-1 call about wrong-way driver on the Dallas North Tollway. Age of driver is 28 years-old, female; head-on collision resulted in killing both drivers. On June 21, 2009 same turnpike a 27 year old male drove head on into another car injuring himself and two other women.

Listen to frantic 911 calls warning of wrong-way drivers on Dallas North Tollway.

June 1, 2009 911 Call transcript link.

June 21, 2009 911 call transcript link.

Dallas, Texas – July 2009 – NTTA to use flashing lights to warn drivers when they are heading the wrong direction.

“New reflective buttons, laid out in the shape of arrows, are being put on lanes at each of the 47 exit ramps on the tollway, North Texas Tollway Authority officials said Tuesday. Headlights from a vehicle headed the wrong way on an exit ramp will make the arrows pointing at the driver glow red.

NTTA has also installed 25 new warning signs, bringing the total number of "wrong way" or "do not enter" signs to 215. By comparison, just three people died in 28 wrong-way crashes reported by the Texas Department of Public Safety between 2003 and 2008. At least 18 involved alcohol or drugs, and alcohol has been a factor in three of the five crashes this year. The other two are still under investigation.

"It's a national and international problem," said Allen Clemson, NTTA executive director. "We're not sure it's ever going to go away."

NTTA revs up effort to warn wrong-way drivers on Dallas North Tollway

Fulton, NY – July 2009 – I-481 – Friday night, 60-year-old male – south direction in northbound lanes. Three deaths. Driver in wrong-way crash entered highway in Fulton

by Sarah Moses / The Post-Standard , Tuesday July 14, 2009, 8:22 PM

In addition the NTTA is considering three other changes to avoid WWD’s.

The NTTA is considering:

• Installing sensors in pavement that would detect a vehicle headed in the wrong direction so law enforcement could be alerted more quickly.

• Using electronic signs to send messages that would alert motorists that a wrong-way driver is headed their way.

• Lowering "do not enter" signs on exit ramps to make them easier to see.

8/1/2009
Steve Lombardi
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Wrong-way Drivers Collide on Highways across the United States

Wrong-way collisions are frightening to think about simply because there are so many deaths associate with being involved in one. Also, considering you have two vehicles, or more, traveling in opposite directions towards each other at 70 M.P.H. the forces generated on impact are tremendous and almost certain death. But we do have to examine them and educate ourselves about how to recognize and to avoid this near-certain death car-truck-motorcycle-SUV-van crash.

Wrong-way Collisions Blog – Brooks Schuelke, Wrong Way Wrecks Are Still A Problem – This recent post is a good starting point because it refers back to other posts on this subject, listing 6 posts for you to review.

Dallas, Texas – July 2009 – Fault & Prevention Discussion - The Transportation Blog by reporter Michael Lindenberger suggests lowering the signs for those going the wrong way. He says with wrong-way drivers it’s all about drunk drivers. I don’t agree with him.

Providence, Rhode Island – July 2009 – Inner City - No Injury – Age of driver unknown - The Providence Journal has Wrong-way driver abandons junker at Waterplace Park; reporting a joy ride was driven the wrong-way inside a pedestrian tunnel. No one killed or injured. Here is a description of the route the car thief took for his joy ride the wrong-way:

At the wheel of a clunker at 2 a.m., a motorist sped the car up over the curb outside the tony condo building and drove through the short pedestrian tunnel under the building, then plunged down two flights of stairs to the railing around Waterplace Park, police Lt. Michael J. Figueiredo said. With nowhere to go but into the water, the driver banked a sharp left, drove over the pedestrian walkway over the river and tried, without success, to take a right onto the handicapped ramp at the Memorial Boulevard end.

So, the motorist backed up, parked outside the condo building's plate-glass windows, and ran off -- leaving behind a puzzle: How to get the battered Nissan back out.

Vancouver - Canada – July 2009 - Hwy 99 – Elderly female – 85-year-old – death and serious injuries - southbound in northbound lanes of Highway 99 – 5:38 PM - Two collisions, the first was one car attempting to avoid colliding with the wrong-way driver and the second was a head-on crash with the wrong-way driver. Driver going wrong way on Highway 99 dies + Confused 85-year-old dies after causing two accidents driving the wrong way on Highway 99.

Large Damage, Major-Serious Injury and Death Cases

7/31/2009
Steve Lombardi
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First time offender, a Chief of Police wants bail lowered for Charge that he Tased his wife

Did he do it or not? That is the question to be answered in a small community of Oakwood, Texas in Leon County. The report states the mother-in-law noticed marks on her daughter and then reported it which spurred an investigation. The officer was then discharged.

Michael Lowe a criminal defense lawyer in Dallas writes the following:

“What is known with certainty is not only do Tasers work -- the target is instantly stopped in their tracks by the electric shock -- but they are very, very painful. Some police officials have described the intensity of the pain as so severe that it constitutes cruel and unusual punishment (which we all know is unconstitutional).

In most jurisdictions, before a police officer is allowed to use a Taser, he is required to be targeted with one under the theory that he will be less likely to abuse the weapon once he understands how devestating (sic) the shock can be.

One wonders if Chief Ivy was ever Tasered before he was issued one of the electroshock guns by the county. If not, perhaps his wife would volunteer for the job.”

Ooooo Mike, that’s not nice.

The news sources reporting about this former police officer’s past create questions about why cities and towns make Tasers a part of the standard weapons to be used on its own citizens. In this case Fox indicates his past included short employment stays, an alleged suit for domestic issues and the charges finally dropped due to the victim allegedly failing to appear in court for over two months. Oh wait I almost forgot this is Texas. Watch and you be the judge.

For additional reading see:

Texas Police Chief Fired, Jailed for Allegedly Using Taser on His Wife

Oly Ivy: Texas Sheriff Arrested After Allegedly Tasering His Wife

Cop Watch: Texas Police Chief Tasers His Own Wife

Oakwood (TX) Police Thug Who Tasered His Wife Indicted For Felony Assault

Labels: attorney death injury iowa lawyer Lombardi Taser

7/31/2009
Steve Lombardi
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Detroit Teenager Dies After Being Tasered

And what about the Detroit teenager who also died in April after being Tasered?

Since 2001, more than 330 people in the United States have died after being shocked by Tasers, said the human rights group. "Amnesty International acknowledges the importance of developing nonlethal or 'less lethal' force options" by police, the group said in a December report on Tasers and Taser-related deaths. "However, Amnesty International has serious concerns about the use of electro-shock devices in law enforcement, both as regards their safety and potential for misuse."

According to Amnesty International as of December 2008 more 351 individuals have died after being shocked with the non-lethal Taser. See Taser Abuse in the United States. A report on the list of deaths following use of stun weapons in US Law Enforcement from June 2001 to August 31, 2008 it tracks the decedents name, age, date of shock, race, police agency by city and state, county, cause of death, contributing factors and underlying health conditions, number of Taser strikes or shocks, other restraints used, whether the arrestee was armed, if armed with what type of weapon and the length of time between the Taser use and death or cardiac arrest/loss of consciousness.

If a weapon contributes to precipitating death is it non-lethal? Which states are the most deadly for law enforcement using this non-lethal weapon? Amnesty International states that 90% of the people arrested are unarmed when shocked by police Tasers. California and Florida have the highest death count per state. Phoenix and Las Vegas the highest per city body count.

“Amnesty International’s report -- which includes a study of 98 autopsies that were independently reviewed by a forensic pathologist -- found that 90 percent of those who died after being struck with Tasers were unarmed and many did not appear to present a serious threat. Police officers used Tasers on schoolchildren, pregnant women and even an elderly person with dementia. More than 30 individuals died after being shocked in jails, where Tasers are also widely used, or in the booking area of police stations after they were already under police control.”

An 11-year-old girl who punched an officer was Tasered; she suffers from a learning disability. The child was at school in Orange County, Florida pushing desks and chairs and spitting at teachers. Now I know what you’re thinking, “Good she had it coming.” But that’s punishment not law enforcement. That’s for the courts not officers.

Research being done to evaluate the safety of Tasers is being funded by the industry. The same thing happened with the Tobacco Institute and whether cigarettes cause cancer. In the past when an industry funded safety research the results were manipulated to favor the industry. Watch the videos available from the Multimedia Collection of the Legacy Tobacco Documents Library from the University of California, San Francisco.

The script for Taser risks has similarities to Pro-cigarette propaganda. Watch “Open Questions” a video produced by the tobacco industry about The Causes And Effects Of Smoking. This movie attempts to create doubt about the “Main Line Of Public Attack” creating a link between lung cancer and smoking cigarettes.

“No one knows what causes lung cancer.”

Many factors are involved making it unknown what the causes of lung cancer can be.

“Can we separate fact from fancy.”

“… a very complex subject.”

“… we need more information.”

“Do these relationships between sets of numbers prove a causal connection or establish a cause and effect?”

The Tobacco Institute touts its role as the public relations arm of the tobacco industry with selections from media appearances by Institute staff. Includes a Tonight Show skit parodying the segregation of smokers and non-smokers on airplanes.

http://www.archive.org/about/javascript-required.htm

Labels: attorney death injury iowa lawyer Lombardi Taser

7/31/2009
Steve Lombardi
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15-year-old Boy Dies After Being Tasered

Was he or wasn’t he handcuffed when Tasered? This Michigan boy, only 15 died after being shocked with a ”non-lethal” Taser. Were there other methods to calm him down? Probably. Bay City, Michigan police didn’t even consider other means. The Taser is so convenient and easy to use and many, especially stockholders say that it’s safe, non-lethal.

But if it kills how it can be non-lethal?

Come back and let’s see if the issues involving Tasers have similarities to cigarettes smoking and the tobacco industry.

Labels: attorney death injury iowa lawyer Lombardi Taser

Car and Tractor Trailer Accidents

7/30/2009
Steve Lombardi
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Stopping at a stop sign isn't an option; failing to do so is 99% of the time negligence

Hancock County, Iowa: On July 29th 2009 a semi driven by Allen James Enabit was Northbound on R26 when he ran a stop sign and collided with the Toyota Celica driven by Amy Lynn Hefty who was Westbound on B55. Amy Hefty died as a result of the injuries suffered in the crash and Mr. Enabit was transported by Mayo Air Care to Mercy where he is currently listed in fair condition. The dependents of Ms. Hefty, if any would have a claim against the other driver and the owner of the Freightliner Semi that failed to stop.

It goes without saying that stop signs are meant to be obeyed; and for a very good reason. Fail to obey a stop sign and you are 99.99% of the time the “at fault” driver. So like most juries we ask, “What’s your excuse for not stopping?”