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Wrongful Death Cases

4/21/2009
Steve Lombardi
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Pierce is entitled to receive both work comp and negligence damages

Even though a fiancé’ is not entitled to death benefits under Iowa law a dependent (unborn) child is entitled as is Pierce's (the driver’s) estate.  This is another example of an accident that results in the death of a driver while working and there are two sets of claims to pursue.  The one set of claims involve the Iowa workers compensation act benefits for dependents and the other set of claims are for negligence related damages from the other driver (in this instance the likely defendants would be the driver that crossed the center line, reported as William Crookshank, 47, of Randolph, Minnesota and his employer) that crossed the center line after rear-ending the semi truck in front of him.  Robert Pierce is the driver that died, likely instantaneously.

While practicing in Waterloo in the early 1980’s I settled a case for a woman who was on her way back home from the hairdressers to put on her wedding dress. She was to be married that day within hours of her face being smashed through the windshield of the car she was driving. The law in Iowa does not allow non-married couples to seek consortium damages, even when all that is left to do is have the ceremony. The dependent unborn child is a different situation and an interesting one. 

There is no full report from the Iowa State Patrol, at the time of this writing.





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