Iowa No Snooze News Roundup for May 15, 2010

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

A Nebraska motorcyclist was killed on I-35/80 north of Des Moines. The Register's report indicates he was trying to merge onto westbound traffic at about 3:00 p.m. when he struck a guardrail and was thrown from the bike.  The Register article doesn't provide much detail. The Iowa State Patrol Report indicates the man is Maxwell C. Grout from Lincoln, Nebraska. He was 19-years-old and was riding a 1996 Honda when at a high rate of speed he attempted the merge by swerving into the left lane of westbound traffic when he struck the guard rail. Trooper Corey Champlin investigated. No further details were available. This section of the I-80 and I-35 interstate roadway system can be very frustrating with congestion and inconsiderate drivers. Many drivers are distracted with cell phones and following too close or passing in the left lanes because inconsiderate slower drivers refuse to move over to the right. It really needs more patrolling by law enforcement. I wish the ISP would issue GPS equipment to the officers who could then insert the coordinates into the minimal crash reports. KCCI has a pretty good story with a lot more detail than does the Register's article below. Apparently the guy on the cycle was thought to be passing on the shoulder or what sounds like the breakdown lane Northeast 22^nd Street overpass near the east Mixmaster.

Nebraska man dies in motorcycle clash on I-35/80

As I've written previously its motorcycle season again and the risk of injury to those riding, being what it is, should make everyone drive with a heightened awareness looking for the presence of motorcycles.

In other personal injury news someone angry about the way a 70-year-old man was driving allegedly punched him in the face while driving in the town of Swisher. The Register article identifies a 22-year-old man who the AP indicates admitted the incident to the Swisher, Iowa Police. Bond was set at $10,000. See the article titled, Police: Man punched 70-year-old driver. See also the KCCI story: Police: Driver Punched For 'Driving Like Old Man'

In other news there is a story about a homeless man being set on fire somewhere in Council Bluffs, Iowa. I kid you not. Allegedly the police found Mr. Ronfeldt, 58 with burns on his body. When asked he said when he awoke he was on fire. Ronfeldt said he saw three men leaving the area. I'm not sure what to believe with this one. There is no indication of any accelerant used or if the man himself could have fell asleep while smoking or when lying in a location where gas was stored or spilled. The exact location where this homeless man was discovered is not given.

In a City of Des Moines crash two men died after losing control and striking a tree. The driver is said to be Bryant Tuel (28) and his passenger Matthew Johnson (27) both known to my son who saw them earlier that night. The crash is said to have occurred at 10:30 p.m. The location of the accident is 63^rd and Pleasant Street in a westerly direction. Police allege a high rate of speed was involved with the Jeep Cherokee crossing 63^rd Street, then into or across someone's yard and into a tree. The speed caused the car to spin a second time, this time the passenger side struck another tree.

A mobile home in Council Bluffs caught fire killing one of the occupants. The location of the home was just southeast of I-80 at the Bluffs Acres housing subdivision. I've handled cases like this involving mobile homes which are covered under Iowa's residential landlord-tenant act under a separate section of the code. If successful in showing code violations attributable to the landlord you may have insurance coverage and be able to collect attorney fees. See One found dead in Council Bluffs mobile home fire, May 4, 2010.

A horse drawn buggy on Eagle Avenue Southwest in Kalona overturned and one person was killed while another was injured. The accident occurred around 9:00 a.m. Few details were reported as to what caused the buggy to overturn. There is no indication any other vehicle was involved. I wonder if these are Amish or Mennonite people and if they carry liability insurance. That would be an interesting thing to know. Another story carried on May 2, 2010 indicated the driver of the buggy inadvertently swerved or veered off the road and into a ditch.

Here is another premise liability case; a/k/a owners' liability case. In this case out of Burlington two people had to be rescued from a building when a wall fell into the alley and the building buckled. The fire department had to use a two story ladder to remove the two people from inside the building. The article provides incomplete information to know how extensive the damage and whether the building could have totally collapsed or why. The building is located at 215 Division Street.  Story by KCCI. The Burlington Hawkeye has a video clip showing the eventual demolition of 215 Division Street. See this story in the Burlington Hawkeye. Downtown wall tumbles - Two rescued, no one hurt after portion of 100-year-old structure falls on Division Street. This is the story with all the facts. The building was built in 1910. Read this article.

A sink hole north of downtown Omaha is growing and will cost millions to fix it. It's huge: 35 feet deep and 120 feet long!  See Sink Hole Swallows Important City Streets. "The city is in a race to initiate repairs before the 120-foot wide, 35-foot deep crater swallows businesses near 16th and Grace streets."

A 17-year-old boy from Waverly, Iowa is being referred to juvenile court after a passenger in a car he was driving died in a collision. Apparently there is evidence of using alcohol. The two boys were high school classmates in Waverly.

I believe that's enough personal injury news for today's blog. I try weekly to give a summary of those stories having to do with personal injury and the law. The news summary will be posted Fridays for the previous week.