Attorney Blog

Iowa OWI law: the exception to the Constitution.

milerlaw@msn.com (Blog Author)27876 — Mon, 08 Mar 2010 08:00:00 EST

We are coming closer to living in a police state. In an OWI prosecution the police officer is the person that controls all the evidence. The officer decides which evidence to preserve. In many cases evidence of a person’s innocence is not preserved. If the evidence doesn’t help the officer, it often times isn’t kept. The standard excuses are videos are lost, breath samples are not preserved, equipment is broken, or none of the officers remembered to turn on their video recording device. People that appear sober on a video don't help an officer get a conviction. Unfortunately, many judges and juries are allowing this so-called “Barney Fife” exception to the Constitution. In other words, a police officer isn’t held to the same standards of other witnesses at a trial. Fortunately, there are more good cops than bad cops. There are however, bad cops.

With the advent of technology, more and more people are recording their interactions with police officers. Unfortunately even with that, again, the officer can control the evidence. More and more people are coming into my office claiming that the officers are seizing their phones and deleting videos of the arrest incident that the accused wished to use in their defense. The hard part is proving it, but I'm hearing it often.

Only through our jury system can we put an end to this type of behavior. I had an OWI trial recently where my client claimed the officer was out to get him and had invented the entire case against him. The officer alleged my client had driven his truck while having a level of alcohol in his system more than twice the legal limit. This was a case in a rural county seat town. The officer had been employed in that town for 20 years. Before the actual evidence phase of a trial begins, the attorneys get to talk to the potential jurors and then select the persons to serve on the jury for that trial. During jury selection, I asked if any of the potential jurors knew the officer. At first nobody wanted to talk. It took awhile to gain their trust, so that they would feel safe. I knew someone had to know something. Eventually they started talking about how this officer was a bad cop. A couple claimed they were aware that he lied and invented evidence in other cases of people they knew, but everybody always ended up pleading guilty because he was the cop. Of course the prosecutor eliminated those people from the jury pool, but the rest of the jurors that served on the trial held the government to the requirements of the law. So when the officer got on the witness stand and said, “I forgot to turn on my video recorder” and “I couldn’t find the proper paperwork that night so I filled it out later” the jury saw it for what it was. Fortunately for my client in that case, we caught a break in that the potential jurors had knowledge and were willing to express concerns about this particular cop. Unfortunately in most cases juries tend to give the otherwise unknown officer the benefit of the “Barney Fife” exception unless you can show they are lying. But when the cop controls the evidence its hard to do. And the State is the party with the burden of proving guilt beyond a reasonable doubt. In every case, jurors need to hold the arresting officer to the same standards as any other witness. In this day and age, technology records everything and is very easy to operate. Even Barney Fife could do it. If evidence isn’t preserved, it should be held against the government. As a society, we should not take away freedom (read as “we shouldn’t send people to prison“) unless the officer did his job correctly, which includes preserving evidence of innocence.

Main Street America's Billion Dollar Bailout Program - It's for the Little Guy

sdlombardi@aol.com (Blog Author)27742 — Fri, 05 Mar 2010 08:00:00 EST

Today's blog is about economic reforms for Main Street Americans. Yesterday was about healthcare reform and tort reform. To update you, no one, not a single tort reformer, has sent in a signed form excluding them from the civil justice system. I'm still waiting for all of them to put their money where their mouths seem to run. And of course we are anxiously waiting for the CEO's of the U.S. Chamber of Commerce and the American Tort Reform Association to send in their forms.

Back to the Washington - Wall Street Economic Mess

We Americans have got problems with our retirement savings, our mortgages and the use of credit cards that has led us to borrow way too much. But I have a solution. All we need to do to straighten out the credit card companies and Wall Street bonus-maniacs is to take away their incentives. If you want to see banks walk a straighter more conservative line you simply need to pay off your mortgage. If it's Wall Street you need to withdraw your pension funds. If it's the banks then pay off your mortgage. Each of these financial institutions is allowing greed to take over the manner in which their system works. Your money is the incentive for the biggest grab in the history of this country. It's one of the effects of the baby boomer generation saving for retirement. We all think we are richer than we really are because of the roller coaster ride we're getting from Wall Street accounting shenanigans. The medicine needed for a "good correction" is as simple as a payoff. Here is the law I suggest we need to have passed.

Be it resolved that the American people are tired of being taken advantage of and therefore enacts the following law:

"Any person who withdraws money from a qualified retirement account will not be taxed on any amount used to pay off a mortgage, credit card or other interest bearing debt."

It's that simple. Cash in your 401K and use the money to pay off your mortgage and credit card debts. Stop using a credit card. Stop putting money into your retirement accounts. Instead take a vacation and enjoy life while the Wall Street CEO's, hedge fund operators, credit card CEO's and the investment banks have heart attacks over not having any money to steal. If there isn't any of your money in Wall Street why should you care when the next bubble bursts or who is paying themselves a mega-billion-dollar bonus? If you stop using a credit card, except of course for the frequent flier miles (pay it off every month - use only those cards with no annual fee) you won't care what the interest charges might be next month. And guess what when your banker is no longer receiving income from you in the form of an interest payment they too will start to court you to borrow money at reasonable prices and will actually own your loan rather than peddle it to pension funds in the form of junk securitized loans.

The Right Way to Use Credit Cards

What most people fail to grasp about credit cards is that when you use one you're actually in business with the credit card company. Always keep in mind that when you use a credit card to buy something the credit card company is making money. So if you buy a $100 item the credit card company just made $3.00. You're partners with them, but they aren't very good partners with you. If you stop using their credit card they go out of business - their income would certainly go down. Why wouldn't they waive the late fee if you threaten to stop using their card? Business partners, that's us and them.

Economic Reforms that Work - Action to Take

If you want economic reforms that work, then take away the incentive for continuing to rip you off. Write to the White House and tell President Obama that economic reforms can be written in just 30 words. This is Main Streets' Billion Dollar Bailout.

Contact the White House.

Contact the U.S. Congress.

Another reason why kids shouldn't play in the street.

sdlombardi@aol.com (Blog Author)27480 — Mon, 01 Mar 2010 08:00:00 EST

In 30 years of practicing law in Iowa I’ve come across my share of clients who suffer traumatic brain injury from the impact of a vehicular accident. Motorcycles seem to do the worst damage but cars, minivans and SUV’s do contribute a fair share. Children on bikes or playing the streets add more. Being aware of the effects on people’s lives this article about hearing loss following an accident that produces brain damage caught my attention.

If following a head injury you wonder why you can’t hear so well perhaps it’s because you suffered permanent damage to your peripheral auditory structures, a recognized component of head injury. Simply stated, if you suffered a head injury (or traumatic brain injury – TBI) then it’s likely you’re going to have suffered hearing loss.

Practice Tip: If you’re client has suffered a TBI or head injury have the hearing checked. Tough part is establishing a baseline to establish a foundation or basis for the loss and right to receive compensation. So first things first; in the initial interview watch for the signs of a hearing loss and ask if they’ve noticed any changes in hearing. Ask the spouse if they are asking for people to repeat themselves. Most patients won’t tell the doctor who is treating the head injury; most will chalk it up to just old age.

For more information see The Journal of Trauma, January 2010 issue, volume 68 on pages 13 to 18. Title: Audiological Deficits After Closed Head Injury, Munjal, Sanjay K. PhD; Panda, Naresh K. MS, DNB, FRCS Ed; Pathak, Ashis MCh, MNAMS

Abstract

Background: Damage to the peripheral auditory structures has long been recognized as a common component of head injury. It is estimated that a majority of patients with skull trauma have resultant hearing impairment. Damage to the peripheral and/or central auditory pathways can occur as a primary or secondary injury. Considering the high incidence of hearing loss, it was considered worthwhile to conduct an in-depth investigation by administering a comprehensive audiological test battery on head-injured patients.

Method: The sample population consisted of 290 subjects with closed head injury (study group) and 50 subjects with otologically normal subjects (control group). The subjects in the study group were further divided into mild (n = 150), moderate (n = 100), and severe (n = 40) category on the basis of Glasgow Coma Scale score. The audiological assessment consisted of pure tone audiometry, speech audiometry, tympanometry, acoustic reflex testing, auditory brain stem response audiometry, and middle latency response audiometry.

Results and Conclusions: It is concluded that there is higher prevalence of hearing impairment in the study group compared with control group. Majority of the patients who incur hearing loss after closed head injury have mild degree of hearing impairment. A significant difference between the study and control group observed on majority of the auditory brain stem response and middle latency response parameters studied.

The Journal of Trauma: Injury, Infection, and Critical Care:

January 2010 - Volume 68 - Issue 1 - pp 13-18

doi: 10.1097/TA.0b013e3181c9f274

Original Article

Audiological Deficits After Closed Head Injury Munjal, Sanjay K. PhD; Panda, Naresh K. MS, DNB, FRCS Ed; Pathak, Ashis MCh, MNAMS

We live in such a complicated world.

Drunk Driving and the Punitive Nature of the Law

sdlombardi@aol.com (Blog Author)27212 — Wed, 24 Feb 2010 08:00:00 EST

Could drugs and or alcohol have been a factor in an auto accident that led to the death of two and injured three others? If so, and I can't say it was, that could explain the reasons behind criminal charges being filed.

On Tuesday October 20th the Benton County medical examiner's office ruled the death of Stephanie A. Dripps a homicide. Miss Dripps was the passenger of a car driven by Paul S. Lauritson who failed to yield and hit an oncoming sport utility vehicle near Garrison on Oct. 8th 2009.

The crash resulted in the death of both Miss Dripps and Mr. Lauritson and injured the driver of the sport utility vehicle Jennifer Engler and her two children. While the Deputy Medical examiner would not say more about why her death was ruled a homicide he said that she died due to "multi-system trauma caused by a motor vehicle accident."

Driving impaired is a crime and will normally result in the filing of criminal charges. When death results the penalties can be severe. It's the same in the world of civil litigation. When the actions that lead to the accident might lead to a criminal charge that doesn't preclude a civil action for money damages; in fact it often enhances the monetary damages that can be awarded. In many instances it simply adds to the types of compensation available to those injured. In this case punitive damages may be available along with the $150,000 civil penalty applied in cases where death results from drunk driving.

As an example take the 5-year sentence recently imposed on a 22-year-old man out of Manson, Iowa who plead guilty to involuntary manslaughter in the death of an 18-year-old passenger. The collision occurred on October 27, 2008 near Fort Dodge and sentencing just took place in late February 2010. For that entire time period this young man has been dealing with lawyers, the Court system and he may have been sitting in a jail cell. Most young adults when getting behind the wheel don't envision spending a couple of years dealing with criminal problems and then sitting in a jail cell for a few more years, but that is what this young man faces.

Sloan, Iowa Accident Can Be A Lesson in Law and Logic

sdlombardi@aol.com (Blog Author)27133 — Tue, 23 Feb 2010 08:00:00 EST

Near Sloan, Iowa on September 12, 2009, around 8 pm police were called because of a collision between two cars on Highway 75 at mile marker 3, according to online news sources KCAU. A car driving northbound went into the ditch and back out, then “crossed the center line and collided head on with a minivan.” The reason for the driver’s loss of control is unknown. The driver was transported to Mercy Medical Center with injuries. In the minivan were two adults and two children who all suffered serious injuries and were brought to the same hospital as the driver. No other details are known.

This is old Highway 75. What caused the car to first go into the ditch and then to come back out of the ditch, onto the road bed and across the center line striking a minivan head-on. What a mess this one is. You've got 5 people, two adults and five children all injured - makes me wonder what was the distraction or what other cause could be a factor. Legally the issues are lookout, speed, control and reactions.

What will they say was the precipitating cause of this loss of control?

Was the driver distracted?

Were the passengers and driver engaged in a distraction?

Was alcohol involved and if so will a bar be pulled into this one?

Was there a defect in the car? Good tires – bad tires? Proper maintenance performed?

Did a deer run in front of the car?

How fast was the car traveling before the initial loss of control? Did the road conditions have anything to do with it?

Was the weather a factor? According to the news report it doesn’t seem to have been.

How experienced was the driver? What were the ages of the driver and passengers? Did they have cell phones in the car? On or off - texting or calling?

The list goes on and on…

Is that deer you shot to eat going to kill you?

sdlombardi@aol.com (Blog Author)27058 — Mon, 22 Feb 2010 08:00:00 EST

An eagle that Eva Cameron of Cedar Falls, Iowa discovered on December 26, 2009 died on the 30th despite her efforts to save its life. Cedar Falls is in Black Hawk County, Iowa where the Black Hawk Wildlife Rehabilitation Project is located. They took the eagle but were unable to do much to save its life. After all lead is poisonous to humans and to eagles. This little bit of news got me thinking about my friends Todd and Kris. Todd is an avid hunter and together they put on the annual wild game barbeque at their home. But this story made me wonder if we are all doing something we need to reconsider. Is eating wild game shot with lead buck shot a good idea?

“Despite Evans' efforts to save the eagle, it died Dec. 30. Test results found lead levels of 5.6 parts per million in the raptor's blood. Toxicity occurs at 0.2 parts per million.” Sioux City Journal An interesting fact reported by Kay Neumann of the Saving Our Avian Resources in Dedham is that since 2004 that organization has experience with 130 eagles that died of which sixty percent tested positive for lead poisoning. Waterloo-Cedar Falls Courier So I began to wonder about just how hard is it to see all the lead shot in game you shoot, cook and eat? Well, look at the x-rays shown in this video clip.

I’m going to run a series this week on lead in game meat intended for you or your family to eat. Let’s start with this video from YouTube that describes the issue.

Iowa's Health Care Reform Debate - Here come the fear mongers...

sdlombardi@aol.com (Blog Author)26962 — Fri, 19 Feb 2010 08:00:00 EST

Iowa's Democrats are trying to make some sense of health care, but you needn't worry, my Republican Party will screw it up. The fear mongers will emerge from their caves with home spun stories that create fear of the sky falling.

Iowa Democrats are supporting a measure that would require health insurance companies to justify rate increases or else suffer the consequences of rate cuts. How can you say no to this? But trust in the two-party political system to find a way. What will the Republican Party, my party, say is wrong with this idea? They will and we all know they will. Something has to be wrong with it even if it's just that the Democrats came up with the idea or legislative push to get something done. And this is what is wrong with politics in America. We are willing to listen to politicians who simply create fear and offer no real solutions to the problem.

Political debate in America should require two parts - the bitching part and the solution portion. You can criticize the idea on the table but only if you also offer a solution. Otherwise, shut up and sit down - we don't want to hear you.

It doesn't matter anymore that the country can prosper from an idea; if the other party comes out with the idea stories will be spun and arguments made that will stall the idea until America is so afraid that nothing gets done. And that's what is wrong with America, nothing is getting done. We are allowing fear mongers to rule us. It's about time we threw these fear mongers out of office.

And what is wrong with the Republican Party is exactly what they've been criticized for lately. It's a party with no ideas, no solutions, and just more rhetoric. They play the blame game and criticize every measure the other party comes up with but fall short of offering any real solutions. It's sickening and it's one of the things that are killing this economy.

This story is from the Chicago Sun Times and the AP. My hat is off to Dave Mittleman from Lansing, Michigan for sending me this story.

The BCBS ad which is nothing more than a cute waste of money - a waste of health care dollars.

Why do criminal defendants need a bonsman?

sdlombardi@aol.com (Blog Author)26916 — Thu, 18 Feb 2010 08:00:00 EST

Whenever a person is arrested in Iowa the Court is going to need some assurance that the arrested person will appear at their upcoming court dates. The easiest way to make sure that they appear is to require them to remain in jail. Fortunately, in almost every case an amount of money is set as bail which a person can post with the Clerk of Court to obtain release from jail. For minor offenses, often times the judge will release someone on their own recognizance, which is their simple promise to appear for court.

Usually bail can be posted as either "cash or surety." This means that you can either post the money yourself or you can reach an agreement through a bail bondsman and then they will post the bail for you. A bail bondsman will usually require a percentage of the bail, such as 10%, and then they will be responsible for the remainder. The bail bondsman then will keep track of your whereabouts and make sure that you appear at your court dates. If you don't appear for court, they risk losing the money that they have posted. Once your case is concluded and you have appeared for all your court dates, the cash or surety is then released to whoever posted it to secure your release.

Another means to secure release from jail without posting any money is to be released with pre-trial supervision. This means that the Department of Corrections will be supervising your whereabouts while the charges are pending. There will be other requirements placed upon you, for example attending drug or alcohol counseling and testing.

If a person is unable to get out of jail through any of these options, they can then have their lawyer apply for a bail reduction. It is then possible to reach an agreement with a prosecutor for release, or for the Court to lower the bail.

There are many bail bondsmen across Iowa. Here are a few in the Des Moines area:

AAAA Freebird Bail Bonds (515) 244-8484
A-1 Bail Bonds (515) 240-0475
A-2-Z Bail Bonds (515) 288-5656
AAA Lederman Bail Bonds (515) 280-6511
Always Affordable Bail Bonds (515) 953-3134
American Bail Bonds (515) 243-5300
Bill's Cash Bonds (515) 243-1850
Collis Surety Bonding (515) 244-6621
Iowa Bail Bonds (515) 243-4411
Jail Busters (515) 244-6621

The government has found a way to save money: scare the officials with criminal misconduct!"

sdlombardi@aol.com (Blog Author)26856 — Wed, 17 Feb 2010 08:00:00 EST

The State of Iowa has started charging government officials with crimes for mismanagement and abuse of tax money. That’s right! So where have they elected to begin? The first to be charged are Tom Wheeler, Wendy Weiner Runge and Matthias Alexander Saunders, although it appears Wheeler is the only person holding an official position. These felony and misdemeanor criminal charges are all apart of the so-called Iowa Film Office scandal. The charges include allegations of theft and misconduct in office: the State prosecutor claims that their expenses were just too much.

Iowa Attorney General Tom Miller apparently approved the filing of the charges in this case. How far will prosecutors be willing to go with other politicians or government officials? According to the Des Moines Register, the filing of these charges has prompted other government officials to review their programs. At what point does governmental decision making become criminal? If I (as a government official) approve funding to build a bridge that goes nowhere, should I go to prison? If I expense lunch at McDonalds when Burger King is offering 2 Whoppers for $3, have I just committed a crime? By all means don’t Super Size!

All I can say is that the State better have solid evidence of something more than just poor decision-making. Any criminal charge requires proof beyond a reasonable doubt to support a conviction. And I don’t think we should be filling up jails with people who don’t like Burger King.

The statutes dealing with misconduct in office are some of the vaguest in our entire criminal law. There are potentially no bounds on the filing of charges. For example, it is illegal to use public property for personal gain. There are so many absurd scenarios that it boggles the mind. Can my kids call me at work on my government phone? Can I send an email to my wife through a government computer? Can I daydream while I sit at my government desk? If you are a government official reading this, the next time your boss wants to discuss your expense reports you should consider asserting your 5th Amendment right to remain silent and call an attorney ASAP.

Does the OnStar System Eliminate Stolen Cars and High Speed Chases?

sdlombardi@aol.com (Blog Author)26727 — Mon, 15 Feb 2010 08:00:00 EST

Recently I covered a high speed chase on I-35 near Ames, Iowa. The driver of the car being chased by police crossed over the median strip and headed the wrong-way into oncoming southbound traffic. He ran head-on into a semi and died. The issue is one of the safety of non-offending drivers and their passengers. What if a mother and a kids’ soccer team in a van was struck head-on rather than a semi-truck? Then what?

Police Chase on I-35 in Iowa | InjuryBoard Des Moines

... Defective & Dangerous Products. In the Workplace. Workplace Injuries; Workplace Discrimination. Miscellaneous. Miscellaneous. Police Chase on I-35 in Iowa. ... 101k

Watching what OnStar computer control systems can do to reduce and then eliminate the power to the engine it occurred to me this GPS system can pinpoint and then take away any means of escape for the offending driver while doing so in a completely safe manner.

Technology can be such a good thing. Watch this video of just such a demonstration.

Interstate Highway Mystery – Where did that body come from?

sdlombardi@aol.com (Blog Author)26724 — Mon, 15 Feb 2010 08:00:00 EST

Shelton, Nebraska – Buffalo County - I-80 collision between two semi-trucks leaving one driver dead. After jackknifing in the westbound lane of Interstate 80 a second semi-truck also in the westbound lane collided with it, killing the driver of the jackknifed semi-truck. It's reported to have occurred around 4:48 a.m. on Monday, January 25, 2010. The driver of the second truck is a 49-year-old man from Altoona, Iowa. He was hospitalized in Kearney, Nebraska at the Good Samaritan Hospital. Nebraska Highway Patrol investigated along with the Buffalo County Sheriff's Office. The report is from Sarah Schultz with The Grand Island Independent news organization.

Janesville, Iowa – U.S. Highway 218 – This crash is between a pickup truck and a school van from the Janesville Community School District around 7:30 a.m. on February 5, 2010. The collision location is at the West Gresham Road exit. Both vehicles were traveling south and the pickup truck rear-ended the school van. Two occupants of the van were taken to the hospital.

Roseville, California - I-80 – In the westbound lane of I-80 the body of a Roseville woman was found sprawled out, she had expired. This is a very strange or odd "accident". The officer, Montijo with described details as "sketchy" and he could see no car associated with the woman. The collision described may be a hit-n-run or there could be another explanation. It was being investigated at 4:25 a.m. on February 4, 2010 near the Eureka Road onramp. The report is by KNCO. I did some checking and found a follow-up story from the next day, February 5, 2010. Jeremy Sam Sarguis, 21-year-old man turned himself into the North Sacramento Police Department. The woman was identified as Vickie Janelle Scott, 47-years-old. Interesting twist with this one is that the woman it seems had been to a casino was on seen by a county sheriff's deputy from Placer County at around 2:00 to 2:30 who offered to get her a ride, she declined and nothing else appears to have been done. What seems odd is the location of the woman at the time the deputy spoke with her seems to be I-80. Why would a law enforcement officer allow a pedestrian to continue on foot along or on an Interstate highway? Of all highways to be walking on why I-80?

Would hedges on the I-80 and I-35 Median Strip Help or Hurt?

sdlombardi@aol.com (Blog Author)26612 — Fri, 12 Feb 2010 08:00:00 EST

It seems so simple; even environmentally friendly. So why not plant hedges in the middle of the median strip along I-80?

On January 25, 2010 at 2:10 pm we had a crash on I-80 in Iowa County. A van being driven by J. Jones was heading west and began sliding out of control. It slide right across the median strip and collided with a semi-truck being driven by Blair Hall of Brooklyn, Iowa. Poor Mr. Jones died in the ensuing collision.

It got me wondering about how to stop cars from sliding clear across the median; and the first thing that comes to mind is planting a hedge. They are inexpensive, easy to maintain and would probably allow a car or van to slow or stop after striking it. A hedge would be better than a concrete barrier. The hedge wouldn't cause an alternative major crash.

I did a cursory search online but wasn't able to find anything relevant. It just might help when the roads get slick and icy.

http://www.kwwl.com/Global/story.asp?S=11877373

Motorcycle Accident in Iowa Revisited

sdlombardi@aol.com (Blog Author)26316 — Sun, 07 Feb 2010 08:00:00 EST

It really doesn’t matter if you say motorcycles helmets don’t work or are more unsafe then when you wear one. Once you’re in a crash and dead the debate stops for you. No one can tell me their head is harder than concrete or metal or anything else it’s bound to come into contact with after taking a spill.

Here we had on October 19, 2009 a story out of Grand Mound, Iowa where a car turned in front of three motorcycles. The car driver was a 70-year-old man. All four people were transported to the hospitals in the Davenport area.

Do yourself and your family a favor and wear a helmet.

Does fault matter in a workers' compensation case in Iowa?

sdlombardi@aol.com (Blog Author)26206 — Fri, 05 Feb 2010 08:00:00 EST

Many workers and their spouses and dependent children wouldn't know it, but fault has nothing to do with receiving death benefits under Iowa law.

Take for example the semi-truck-pickup truck collision that took place on January 11, 2010 between Daniel Carl and Jay Harmelink who died in the collision. The report implies that Harmelink was at fault for crossing the center line of Highway 175 two miles east of Odebolt. I draw no conclusions that he was and I wish his family well in their time of grief. But today it’s important we learn about the law and a family surviving. We separate that which is real and relevant so that others may know how to deal with their own situation. Delay is never a good thing and we hope those with similar claims don't make assumptions that cost them dearly.

But assuming for the sake of argument that he was at fault and that he was working at the time of the crash or running a work errand we need to know whether that would preclude his wife and dependent children from receiving workers' compensation benefits under Iowa law. And the answer to that question is an emphatic NO. Fault has nothing to do with qualifying or not qualifying for benefits in a workers’ compensation action. Many people confuse the fault at issue in a normal car accident case between two drivers with what must be the law under Iowa Workers' Compensation. The other lawsuit over the car accident is what we call a third-party case; and in this instance there could be an action between the two drivers separate from the workers' compensation case. These are two separate and distinct lawsuits and one doesn’t preclude the other. Also know that collecting in one doesn't guarantee collecting in the other. Clear?

But even assuming Harmelink is at fault it’s meaningless to the widow in a workers compensation action. That's not something she needs to be worried about.

There are other issues underlying a worker’s injuries from a car accident and whether or not they get compensation under Iowa law, but those issues will have to be taken up on another day. Just know that if you’re driving a company vehicle or for that matter your own vehicle (Does your employer ask you to run errands in your own car or truck?) you are probably covered under Iowa’s workers’ compensation laws. See our section on workers' compensation injuries for a discussion about dependent coverage or widows' coverage.

Iowa Workers' Compensation Benefits: Iowa lawyer points out that ...

Apr 7, 2009 ... Death benefits are payable to the dependents of the employee. ... Iowa lawyer points out that negligence doesn't apply to work comp claims. ...
www.lombardilaw.com/.../iowa-workers-compensation-benefits-iowa-lawyer-points-out-that-negligence-doesnt-apply-to-work-c-20090407.cfm - Cached

For good advice see a lawyer and if you have questions about this blog write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110.

Table Saw Injuries to Adults and to Children

sdlombardi@aol.com (Blog Author)26138 — Thu, 04 Feb 2010 08:00:00 EST

There’s a new retrospective analysis study examining table saw injuries in children and adults. The study is published in the January 8, 2010 issue of The Journal of Trauma.

ABASTRACT

The Journal of Trauma: POST AUTHOR CORRECTIONS, 8 January 2010

doi: 10.1097/TA.0b013e3181b28ad3

Original Article: PDF Only

Nonoccupational Table Saw-Related Injuries Treated in US Emergency Departments, 1990-2007 Shields, Brenda J. MS; Wilkins, John R. III BCE, DrPH; Smith, Gary A. MD, DrPH

The findings are pretty straightforward and can be summarized as follows:

1. Children are more likely to be injured at school.

2. Adults more likely to be injured at home.

3. Fingers and thumbs were more likely to be injured.

4. Amputations occur about 10% of the time.

5. Amputations involve mostly fingers and thumbs.

6. 8% of the time the injured person is hospitalized.

7. Lacerations are the most common type of injury.

8. The table saw is associated with more injuries than any other woodworking tool.

9. Recommended safety measures include reading the manual and keeping the saw out of an area where children have access.

10. New technology is being developed to avoid serious injuries. An example is the SawStop. In central Iowa the closest dealer is at the Woodsmith Store, 10320 Hickman Road, Clive, Iowa.

So why is all of this important?

This study is important for shop teachers in high schools across the nation and parents whose children are taking shop class where a table saw or other woodworking tools are going to be used.

Texting while driving, a broken hip and delayed start at ISU.

sdlombardi@aol.com (Blog Author)25972 — Mon, 01 Feb 2010 08:00:00 EST

Text messaging can teach you a lot about life; especially when it’s combined with driving a truck, a car or even a train. Take a walk with me if you will. But first put down the cell phone so you can see what I'm going to show you.

Imagine you’re 16-years old, driving east on Highway 20 in Iowa, the weather is not a factor and you’re in high school. There is a car coming towards you and the driver can’t see what you’re doing. He can see your face, looking down, eyes focused on something of great importance. Well at least important enough to direct your attention away from the road ahead; the same one he’s driving on. What is so important that would direct your attention from the road ahead?

In your hands you hold a cell phone and there are messages going back and forth between you and someone else, the other person can’t see you or what you’re doing but he can probably tell by the cadence of your texting that you’re driving a car while you text responses to them. But there’s a problem.

The other young man texting, the one not driving is having a ball with sending and receiving a message. This is so much fun, isn't it? But suddenly and without any warning the messages being received stop. What the heck happened to my 16-year-old driver friend?

If you want to know the message you send when texting while driving read the story in the Sioux City Journal that describes the 15 days in the hospital, the broken hip and leg along with the year of rehabilitation the other driver endures to get back to square one with work, paying the bills and the pain/suffering he feels on a daily basis.

The other guy, is the one who was hit head-on by your texting buddy as he drove on Iowa’s Highway 20 about two miles south of Schaller, Iowa. Your 16-year-old buddy as he was texting to you crossed the center line and struck Scott E. Trembly Jr.’s car head-on putting him in the hospital. Of course it appears from the story he was working for a year to save money to continue his studies at ISU, so that year delay actually translates into a years delay out of the work force when he should have been enjoying the fruits of his labor.

Maybe you should meet him. He’s only 20 and already endured more medical treatment than most 60-year olds. That broken hip is a problem long term. As he grows old it will probably really become a problem. That’s because the human body breaks down with age. Add scar tissue to the joints, tendons and muscles and aging is more painful, difficult and less enjoyable. Did you know scar tissue doesn’t stretch like normal tissues? It doesn’t and if you walk with Mr. Trembly my guess is you’d know more about that just from talking to him. Perhaps you could drive him to doctor visits. Maybe you should pay his heating bill or make his rent payment. You could have visited him in the Buena Vista County Hospital or when they transferred him to the Hennepin County Hospital in Minneapolis. He’s been bedridden, like a slab on the operating table, in a wheelchair, used a walker and then onto crutches.

If you follow his progress you’d learn a lot more about orthopedic surgery, surgeons, anesthesia, needles, IV’s, rehab, trying to learn to walk, what a broken hip feels like, pain meds and a lot less about texting while driving. Fact is you'd learn a whole lot about real life.

Oh and one more thing. That friend of yours, the one who you’re texting, did you know he had only a broken foot and was sent home from the hospital that night? What were you two talking about that night?

“Heidi Trembly said it will be at least a year before her son completes rehabilitation.”

I-380 Iowa Motorcycle Crash, No Helmets

sdlombardi@aol.com (Blog Author)25971 — Mon, 01 Feb 2010 08:00:00 EST

On Saturday June 20^th, at 10:15pm, a motorcycle driving northbound on I-380 near Center Point, crashed into a deer, according to the Des Moines Register. The 23-year-old driver Donald Bruce was transported to University of Iowa Hospitals, and his passenger, also 23, Elexia Turk, died at the scene from severe head injuries. Both were not wearing helmets. They were from Cedar Rapids.

Video: http://www.kcrg.com/news/local/48694257.html

Assuming this story is factually accurate as a motorcycle driver you have to ask, what possible liability could I have to the passenger when crashing into a deer? As the driver you don't insure the passenger for complete safety. In other words you can't say you're not responsible 100% of the time; that assumes you're following the rules of the road. But can you be at-fault for running into a deer? It will probably depend on how much you're paying attention, whether you'd had something to drink (alcohol), the speed of the bike as compared to the posted speed limit, how experienced you are as a driver and whether there are any distractions the driver can control but fails to do so. If you fail to pay attention, then yes you're probably going to be liable. But don't forget the evidence, because without it you lose.

I rest my case.

Cheerleading Safety: What are the most dangerous stunts to try?

sdlombardi@aol.com (Blog Author)25230 — Tue, 19 Jan 2010 08:00:00 EST

If you’re wondering what the answer to this question is chances are your son or daughter is a cheerleader. As a safety conscious parent your first job is to learn the language of cheerleading. After which you need to understand the cheer tricks or stunts followed by getting an understanding of a safe cheerleading environment. That environment includes where they will be both for practice and for performing.

Studies are pointing our attention to stunts and surfaces. A recent article does a pretty good job of giving a quick synopsis to the focus points.

Stunts Raise Injury Risks for Cheerleaders

Stunts include: cradles, elevators, extensions, pyramids, single-based stunts, single-leg stunts, stunt-cradle combinations, transitions and miscellaneous partner and group stunts.

Environmental factors seeming to increase the chances for serious injuries include “Nearly 90 percent of the most serious fall-related injuries occurred while cheerleaders were performing on grass, artificial turf, traditional foam floors or wood floors, the study authors noted.”

If your child is a cheerleader then get busy learning the language of cheerleading; do it for the sake of your daughter’s or son's life. Talk to them about cheerleading and what stunts they intend to do. Ask if they know the most dangerous stunts and why. Set limits on what you will allow them to do; and don't budge on this point. Them being mad or disappointed with you is better than the alternative.

See also the Creston, Iowa’s Greater Regional Medical Center story and Kid’s Health Source: "National Center for Catastrophic Sports Injury Research – 25th Annual Report: Fall 1982-Spring of 2007," August 2008.

Parents' Corner: The first clip focuses on the main concerns which is then followed by two videos about basic safety. This is your primer to protect your child. You might even ask them to sit with you to watch and talk.

Manufacturing methamphetamine and your neighbor's safety

sdlombardi@aol.com (Blog Author)25164 — Mon, 18 Jan 2010 08:00:00 EST

QUESTION: If I’m not cooking meth why should I care that my neighbor is?

ANSWER: Simply put because the explosion and fire he/she causes can injure or kill you.

On January 15, 2010 I posted Is Your Neighbor's Cooking Meth a Danger to You?.

That day I showed a few video clips of the explosive potential of cooking methamphetamine. Pretty graphic stuff if you ask me. Well low and behold here in Iowa a few days later is a story written by MANDI LAMB of the Newton Daily News about a garage fire and the police arrested the man inside that was burned on suspicion of cooking methamphetamine.

"Following an investigation by the Mid-Iowa Narcotics Enforcement Drug Task Force, 29-year-old Travis Brody Gulling was charged with conspiracy to manufacture methamphetamine, a class B felony, and three counts of possession of precursors (ethyl ether, ephedrine and lithium) for manufacturing methamphetamine, all class D felonies.

According to a news release issued by the drug task force, authorities responded to a report of a garage fire at 8:16 p.m. on Jan. 2 at 1800 W. Fourth St. N. #3. The fire was extinguished, with minimal damage done to the garage, and drug task force members were called to the scene after items associated with meth manufacturing were found."

And this is the point I’m trying to make. Minding your own business may not be in your best interest. What if this was going on in an apartment building where you lived? Is it in your best interest to ignore it or to call authorities and get it stopped?

You be the judge, I rest my case.

Know what to look for and when to suspect its being cooked in your hood.

^{WHAT ARE SOME OF THE MAIN INGREDIENTS:}

_{Farm chemicals are one ingredient of methamphetamine.}
_{Cold or sinus medicines from over-the-counter are an ingredient.}
_Battery_{ingredients are an ingredient.}

It’s all about dopamine. Well cover dopamine on another day.

Interstate Highway Safety - Driving Distracted

sdlombardi@aol.com (Blog Author)24892 — Tue, 12 Jan 2010 08:00:00 EST

You can do everything right, but…

Driving carefully may not be enough to save your life. After all you just might be a passenger and not responsible for driving any vehicle. On the other hand I like to remind my children that sometimes it's not what you do or don't do, but the other drivers who are the one's who are driving distracted. And they can be the ones who ultimate cause the collision and wreck your life. I guess being a personal injury attorney let's you see many types of collisions out there and there isn't a crash scenario that you can't conjure up in your mind at any point on the highways. I don't know maybe I've been doing this too long?

It isn’t so much what you do as much as what the other guy may or may not do. Here is one such example. First I have to admit to the news report being confusing. The title refers to I-80 but the story to I-29. Perhaps they are one in the same in South Dakota; I don't know and wasn't able to find out before posting this article. But I suspect not since the odd numbers refer to north-south interstates and the even numbers to east-west and since she was heading north I’d say it’s probably I-29. Just take a look at the Google map. But then again the two interstate highways may join to wrap around a major city such as I-80 and I-35 do around the north and western edge of Des Moines, West Des Moines, Urbandale and Clive here in Iowa. No matter the important point is you have to stay awake and aware of not just what you're doing but what the other cars seem to be going to do.

In this collision we have a 48-year-old woman in a collision at around 3:30 a.m. just north of the Worthing exit. A Jaguar is rear-ended by a Cadillac that is then run into by a Subaru. Don’t you wonder how cars are rear-ending each other on the Interstate? I do. Are they following too close? Are they distracted with cell phones? Are the drivers not paying attention to the road conditions, seeing ice and not slowing down for the road surface conditions? Are people cutting in between two cars reducing the distance for safe following? What the heck is going on out there? Doesn't anyone driver courteously anymore?

Do you know the Two-Second Rule? In winter make it 3 or 4 seconds.

Our thoughts go out to the family of the woman that died.

Interstate Travel and Dealing with Fatigue

sdlombardi@aol.com (Blog Author)24843 — Mon, 11 Jan 2010 08:00:00 EST

This is a horrible accident that even the newscaster wasn’t comfortable reporting on. It happened on I-80 in Pennsylvania on January 7, 2010.

The collision happened at the Clintonville exit in Venango County on I-80 involving an SUV and a semi were westbound both lost control, headed across the median strip and the semi hit a minivan head-on, then turning over onto it and killing several people. From the report at least two people died and three or four others were injured.

Here is the news report from KOKA Channel 2 in Pennsylvania.

What is interesting is the report that Pennsylvania State Patrol was investigating driver fatigue and whether it had anything to do with the initial driver reactions leading to the crash. I find this of interest because someone recently inquired how interstate highway travel poses different risks than do local streets and avenues. I pointed out that the long drives create a situation of boredom and that semi-drivers going coast to coast must be more likely to suffer from fatigue. Add in the terrible weather that made driving conditions miserable and you have a recipe for multi-car collisions.

Interstate travel presents many risks that are different than you’d expect to encounter with in-town driving. And fatigue is one of them. I regularly see people on Interstates 80 and 35 that drive along beside a semi-truck. They aren’t considerate and don’t think twice about the semi driver perhaps not even realizing they are beside his rig. Some are on cell phones increasing the risk of an accident. It’s frustrating for me to see so many people with so many distractions while driving and it seems they could care less about the risks posed.

Are you fatigued? Do you drive fatigued? Do yourself a favor along with the other drivers on the Interstate highway system – pull over and take a nap.

MRSA, or Staphylococcus Aureus, are Pomegranates the answer?

sdlombardi@aol.com (Blog Author)24546 — Wed, 06 Jan 2010 08:00:00 EST

MRSA, or Staphylococcus Aureus, is a type of staph or bacterial infection that is resistant to many antibiotics. MRSA bacteria is more likely to develop when antibiotics are used too often or not used correctly thereby allowing MRSA to become a superbug which is resistant to most courses of antibiotics.

Scientists at the University of Kingston, Surrey in the United Kingdom has just released a study which finds promise in fighting MRSA infections with the use of Pomegranates. Long known for their antibacterial and therapeutic health benefits, the study shows that the fruit’s rind combined with metal salts and vitamin C inhibits drug-resistant microbes from growing. Professor Naughton, a biomolecular scientist at the University stated, “…the mix [] fantastically increased the activity-there was synergy, where the combined effects were much greater than those exhibited by individual components.” He cautions however, that it will be a long time before any pomegranate derived lotions are available on the market.

Pomegranates have long been known for their health benefits. The list of potential benefits is long, they include:

Reduction in heart disease risk factors including LDL oxidation

Reduction in hypertension

Reduction in dental plaque

Inhibition of the proliferation of human breast cancer (see link to study)

In 2009, 20 clinical trials were registered with the National Institutes of Health to examine the effects of pomegranate extracts of juice consumption on diseases shown below:

Prostate cancer
Prostatic hyperplasia
Diabetes
Lymphoma
Rhinovirus infection (completed, July 2008)
Common cold (completed, June, 2007)
Oxidative stress in diabetic hemodialysis
Atherosclerosis
Coronary artery disease
Infant brain injury
Hemodialysis for kidney disease

It seems to me that adding pomegranates and/or pomegranate juice to my diet makes a lot of sense.

Pedestrian Safety - Watching for the unexpected

sdlombardi@aol.com (Blog Author)24520 — Tue, 05 Jan 2010 08:00:00 EST

From the report it’s difficult to comprehend how two pedestrians were killed walking along Texas Highway 21 near Gordon’s Auto Salvage in Bryan today. The two pedestrians were from Clarksville and Tomball, the one was 19 and the other 29 years of age.

Witnesses’ are reported to have said the driver fell asleep while driving.

Other witnesses pointed to the road design. Apparently the road design causes traffic and pedestrians to come into contact with one another in a very dangerous manner. It sounds like pedestrian traffic walks just off the road in the ditch, while traffic from behind passes cars waiting to turn left, on the right and into the ditch. The report is the pedestrians were walking between the ditch and the asphalt. This complicates the situation somewhat. The police investigation and an independent investigation may be required to know exactly what occurred.

I’m not sure what the road design has to do with this case, if the driver did actually fall asleep. If you’re the widow or dependent child of the pedestrians I’m not sure the road design would matter since neither will bring back the pedestrians. If you’re so tired that you’re falling asleep at the wheel you have no business getting behind the wheel to drive. A tough lesson for any driver to learn, for sure.

The news report contains the following quote.

“One witness said he saw the pair get hit while he was looking out his office window at Asher’s Engine Services. He said he saw the driver run into the ditch and watched as the vehicle “went flying.”

You have to wonder if this guy had been working or just up late at night. From the witness’ description road design doesn’t seem to have anything to do with this accident. I contacted Beth Janicek, an attorney in San Antonio to see if she had heard about this incident and knew the intersection. Beth is our contact in San Antonio, Texas. She had not. For questions call Beth Janicek at 1100 NW Loop 410, Suite 550, San Antonio, Texas 78209. 210-366-4949 or email at Beth@bethjanicek.com. If the relatives have questions as to how to file the insurance claims they should feel free to contact Beth.

This is a terrible accident for all involved. In any event our prayers and wishes go out to the families involved.

Workers Compensation Injuries in Iowa

sdlombardi@aol.com (Blog Author)24300 — Thu, 31 Dec 2009 08:00:00 EST

The report is that BPI of Waterloo has settled with the Iowa Division of Labor Service for $648,000 after safety violations in August 2007 caused an ammonia leak that killed one worker and left another severely injured. Elizabeth “Liza” Myers died after her escape route took her directly past the hazardous leak, while another employee Elizabeth Ott fled a different path, but still suffered inhalation injuries and post-traumatic stress.

These are all work related injuries eligible for medical coverage and wage loss under Iowa's workers' compensation laws.

The accident occurred when a company contracted by BPI, Modern Engineering and Piping, was working on the liquid ammonia refrigerant piping system and BPI plant maintenance workers tried to move ammonia through the line. Part of the line had been removed which allowed the ammonia to flow into the work area. The Iowa Division of Labor Services inspectors said that the line should have been locked out during the work and that they also found other safety violations. Modern Engineering and Piping was also fined and reached a settlement with Ott in civil court.

This is an interesting workers’ compensation case that may or may not have a third-party case attached. When different companies cause injury in your workplace it's probably a reason to consider a third-party case. Property managers refer to them as vendors, workers probably call them subcontractors and employers probably refer to them in both ways. When you consider that workers have no say in who comes into their place of employment while putting them at risk of injury or death it’s a good idea to hear the opinion of a lawyer to say if there should be an investigation.

That’s enough for today, but come back tomorrow to read about the law on the Injuryboard or at The Verdict blog/blawg at Lombardi Law Firm where we will discuss other work related accidents along with car-truck-semi-motorcycle accidents in Iowa. And as always if you are in an accident and need legal services we encourage you to call us sooner, rather than later.

Is your workplace safe?

sdlombardi@aol.com (Blog Author)24014 — Mon, 28 Dec 2009 08:00:00 EST

The report states that a man was discovered crushed to death in a trash compactor at the Southland factory in Los Angeles, California. According to the report, federal investigators with the Occupational Health and Safety Administration (OSHA) surmised initially that the worker was inside the machine when it was switched on. He was pronounced dead at his workplace of employment. The man was identified as a 64-year-old, a cardboard crusher at this non-descript factory. The day, date and location are Friday, October 23, 2009 around 3:44 p.m., at 8201 North Woodley Avenue.

How can a work related death, such as this one occur? Perhaps there are a lot of reasons, none which seem very satisfying and none are definitive.

1. Workers in a rush and don’t think things through before finding themselves or a coworker in a life or death situation.

2. Poor or no equipment training.

3. Poor or no equipment safety training.

4. The user manuals aren't available to read.

5. The user manuals aren't in the native language of the worker and co-workers.

6. Drinking on the job.

7. Distractions that affect safety.

8. Supervisors failing to supervise and ignoring safety.

9. A work place where a culture of safety isn’t promoted.

10. No team effort with co-workers.

11. Supervision that isn't of the quality to oversee, train, supervise or manage risks.

12. Older workers staying in the workforce doing jobs that they are no longer qualified to perform.

In this instance it could be none of the above and something totally different. The article reported on the death but failed to provide sufficient detail of the machine, the workplace or the circumstances for us to know anything concrete. But the one thing we do know, and it's the way we start out thinking about accident investigation, they are all avoidable.

Again We Discuss Wrong-Site or Wrong-Side Surgeries

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)13058 — Thu, 25 Feb 2010 08:00:00 EST

Beth Israel Deaconess Medical Center is again on the hot heat with another doc needing lefty-righty-rehabilitation. Is it an oxymoron when a hospital that markets itself as a teaching institution has surgeons on staff who don’t know left from right? They won’t say who nor have they identified the patient although they did say the patient “was expected to have short-term discomfort, but does not have permanent organ damage or life-threatening problems.”

“Oops, sorry mate we did a little lefty-righty thingy that you won’t like.”

Read more on the Lombardi Law Firm blog, Beth Israel Deaconess Medical Center Doc Heading to Lefty-Right K-Grade Rehab

Sodium Hydroxide Leak in Mason City, Iowa

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)12248 — Mon, 18 Jan 2010 08:00:00 EST

A Mason City, Iowa hospital worker from Mercy Medical Center-North Iowa died on January 14, 2010 after being exposed to a chemical spill in the hospital's laundry facility. No specific cause of death has yet to be determined.

The Hazard of Fatigued Semi-Truck and Car Drivers

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)12152 — Mon, 11 Jan 2010 08:00:00 EST

This is a horrible accident that even the newscaster wasn’t comfortable reporting on. It happened on I-80 in Pennsylvania on January 7, 2010.

Here is the news report from KOKA Channel 2 in Pennsylvania.

Are you fatigued? Do you drive fatigued? Do yourself a favor along with the other drivers on the Interstate highway system – pull over and take a nap.

I-80 Collision Kills Iowan from Walnut

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)12126 — Sat, 09 Jan 2010 08:00:00 EST

A gentleman from Walnut, Iowa was killed in a three-vehicle accident on Interstate 80 at the 38th mile marker heading eastbound. He was Lloyd Houston, 52 years old driving a 1985 International dump truck. The other vehicles were semi’s. We wish his family and loved ones well.

In One Day, I-380 and Cedar Rapids Have More than 3 Dozen Accidents

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)12127 — Sat, 09 Jan 2010 08:00:00 EST

Let’s talk snow conditions and slick roads. Linn County, Iowa is normally a peaceful place; but adding snow, ice and slick roads to the mix and you’ve got a recipe for an auto collision disaster. In just one day police and the Iowa State Patrol responded to more than three dozen collisions in the area. Cedar Rapids is the place where flooding closed the court houses for both the state and federal bench.

You’d think people would just stay home, but they don’t.

You’d think Cedar Rapids would get a break, but it isn’t.

See the flooding that occurred in June of 2008.

There is only one thing I can think of that compares. All that Cedar Rapids is missing are pestilence. Watch as all of those from Linn County run into Johnston County to escape the flooding waters of the Cedar River. (Just kidding!)

Falling Asleep At The Wheel

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)12071 — Tue, 05 Jan 2010 08:00:00 EST

Witnesses’ are reported to have said the driver fell asleep while driving.

The news report contains the following quote.

This is a terrible accident for all involved. In any event our prayers and wishes go out to the families involved.

Crane Collapses in Linn County at new Federal Courthouse Site

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)11239 — Wed, 11 Nov 2009 08:00:00 EST

A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

Ortiz Passengers Hospitalized in Jefferson County

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)11240 — Wed, 11 Nov 2009 08:00:00 EST

In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

A resident of CB was killed his motorcycle is reported to have struck a Honda Civic.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)11241 — Wed, 11 Nov 2009 08:00:00 EST

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence. Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)11242 — Wed, 11 Nov 2009 08:00:00 EST

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street occurred at around 6:40 p.m.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)11243 — Wed, 11 Nov 2009 08:00:00 EST

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames. Intersection collisions are pretty common when its location is either uncontrolled or out in the county.

Iowa's Clayton County head-on collision kills other driver

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)11218 — Tue, 10 Nov 2009 08:00:00 EST

It’s reported that a vehicle being driven by Sarah Austin, 21 or Luana crossed the center line on U.S. Highway 52 at 5:45 a.m. on November 8, 2009 killing a 41-year-old man. The man Lee Zuercher was reported to not be wearing his seatbelt. His passenger, 18-year-old Coedy Zuercher was and apparently survived. So what did cause the car driven by Ms. Austin to cross the center line? That is the question any legal claims will be required to answer. As a lawyer I’d focus on whether she had a cell phone in the car and whether she was texting or talking. She may have spoken to the police and they may know the answer to that question. Any good investigation would require a search of the accident scene before first snow falls. My suggestion to the incident injured passenger and estate is to act fast.

I-80 Construction Area Collision Kills in Iowa, Government Safety Workers Don't Get It

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10986 — Mon, 26 Oct 2009 08:00:00 EST

I drove to Iowa City this weekend for Parent's Day at the Law School. On the return trip to Des Moines Barbara and I passed through this work construction zone at the Oxford exit on I-80. The road work zone seems small. I suspect, although I can't say for sure, that it's on the westbound lanes. Here is our original news story.

We don’t have much information this morning, but it’s being reported by Radio Iowa and the Des Moines Register that a road construction crew on I-80 near Oxford, Iowa were injured with a semi-truck collided with one of the cement or concrete barriers in a construction zone. Oxford is about nine miles west of Coralville, Iowa. The collision occurred late yesterday morning. You have to wonder if the semi-truck driver was texting or talking on a cell phone.

One of my good clients is a road crew member injured on I-380. Since looking at that case and driving through other Interstate road construction on I-35, I-80, I-235 and I-380 it shocks me how distracted drivers are when negotiating through the construction zone. People driving right up to the orange cones, exceeding the speed limit, talking on their cell phones and so many other distractions while driving that I find it difficult to catalogue them all. One lady driving a State of Iowa car and the car behind her being driven by a DNR officer are both on cell phones. And I’m not talking about for a few minutes I’m talking about mile after mile after mile. More than 25 miles, when I got tired of wondering when she’d put the phone down and drove off ahead. You’d think safety officers would know better. Apparently they don’t.

Motorcycles and Deer

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10916 — Thu, 22 Oct 2009 08:00:00 EST

On Thursday September 17^th 2009 a motorcycle accident led to the death of a Fairfield resident Colleen Smith, and injury to her husband Harold Smith. Mr. and Mrs. Smith were on a 2006 Harley Davidson heading southbound on Highway 1 following another vehicle when about 2 miles north of Keosauqua a deer entered the roadway and hit the motorcycle. It's reported that Mr. Smith did try to break to avoid the collision which caused the motorcycle to slide ending up in the west ditch with both passengers being thrown from the vehicle.

Macomb, Mississippi Train-Car Intersection Collision

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10894 — Tue, 20 Oct 2009 08:00:00 EST

One more train-car collision that killed three people; including a 2-year-old, a 12-year-old and a 17-year-old in Macomb, Mississippi. The children were two boys and a mother young woman was killed. She was 17. The young man, another 17-year-old was in critical condition and taken to the hospital. The train was heading to Chicago from New Orleans. The car and train collided even though witnesses identified the sound of the train’s horn blowing as it approached. Apparently the car didn’t stop.

Distracted driving kills more people than you can imagine.

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

Dash Cam Catches SUV Sliding Sideways into Other Car

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10867 — Sun, 18 Oct 2009 08:00:00 EST

Washington County, Iowa collision creates questions not answers

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10844 — Fri, 16 Oct 2009 08:00:00 EST

On October 4^th 2009 James Loren Vest III was heading north of Larch Avenue when he lost control of his vehicle and rolled over in the west ditch striking a power pole. Just before he crashed he was being pursued by a Washington County Sheriff’s deputy. Mr. Vest had allegedly crossed the center line and then refused to pull over. The family has many questions and Mr. Vest’s grandmother has said that she can’t wait until the blood work comes back and shows that he had nothing in his system. At this point there seems to be more questions than answer.

Trailer towing safety chains are not optional

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10845 — Fri, 16 Oct 2009 08:00:00 EST

The Iowa State Patrol reports on this one. I’ve had a similar case and personally tow a trailer so I’m very aware of trailer towing safety.

On October 3^rd 2009 Christopher Ludwig was pulling a trailer Eastbound on the Highway 18 when the trailer he was pulling came unhooked crossed the center line and hit the Ford Escape driven by 36 year old Daniel Stites. Mr. Stites died as a result of the injuries suffered in the crash and it is being reported that the trailer did not have safety chains on it. No one in Mr. Ludwigs vehicle was injured and the crash remains under investigation.

Trailer safety starts off before the driver puts the car or truck in gear to drive. Before you even move you check the chains along with the light plug and the hitch itself. It all has to be secure before the driver can go. Did he in this instance check it all before moving the truck? Probably not.

Hit-n-Run with Bicyclist

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10772 — Fri, 09 Oct 2009 08:00:00 EST

On August 30^th, bicyclist Mark Grgurich, 54, was hit by Paul “Jud” McKinney who fled the accident. He was arrested on the charges of leaving the scene of a fatality, concealment of evidence, failure to maintain control, and was released on Thursday on a $7,500 bond, according to the Des Moines Register, posted by Janet Rae Mundell. McKinney’s arraignment was set for today, but has been moved to October 12, in the Warren County District Court. The Register indicated it is unknown whether McKinney’s license has been suspended or revoked; it is up to the DOT officials who have not responded to this question.

So the guy on the bike needs to figure out where his insurance claim lies. If the guy in the car or truck had no license he probably also had no car insurance to cover his own liability; leaving the guy on the bike bare.

Are the Bush voters in hiding?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10773 — Fri, 09 Oct 2009 08:00:00 EST

I ran this blog with a lot more discussion and received some feedback that made me think it was important to rerun it. I can't believe what I'm seeing. The United States President, Bush giving the Country “the One Finger Victory Salute”

Just in case you missed it yesterday I’ll make it simpler this time.

Question: Do you think any sitting U.S. President would finger the camera?

Answer: Wonder no more.

My guess is he’s showing us what he really thought of us as voters and taxpayers. I’m a Republican and he disgusts me. Why are we paying him $186,000 every year? Why aren’t we taking his pay from him for ruining the country and bankrupting it? What is wrong with us?

As my 81 year old mother would say, “What are you stupid?” (I called my mother and she corrected me, she's not 84, but "a lot younger". Sorry Mom.)

Why would he do such a thing on camera? Is he holding up the IQ of those voters who voted for him, not once but twice. Where are all those voters, because I can’t find anyone who is willing to admit to voting for him?

Mills County Motorcyclist loses control of bike, crashes and dies

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10705 — Tue, 06 Oct 2009 08:00:00 EST

On September 27^th 2009 Charles Wagner was traveling southbound on 310^th St. in Mills County when he apparently lost control of the motorcycle he was driving and left the road overturning. While its unknown if he was wearing a helmet he was pronounced dead at the scene. Not many details are being given about what led to the loss of control and perhaps we will never know. We wish his family well during this trying time.

I-235 Rollover at 22nd Street Exit location

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10684 — Mon, 05 Oct 2009 08:00:00 EST

Around 1:30 p.m. an SUV with a father and son rolled down into a creek and had to be rescued by police and fire rescrue crews. They were found in the SUV, upside down in a creek bed. Some debris was found in the road, an indication the SUV may have swerved to miss it.

I'll have to write a blog on who is responsible for securing the load and what happens if it falls off and someone is injured or killed.

Tsunami levels village on American Somoa after 8.3 quake

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10595 — Tue, 29 Sep 2009 08:00:00 EST

Tsunami levels village on American Somoa after 8.3 quake strikes;

Tsunami could hit Hawaii by 7:00 pm Eastern Time

An offshore earthquake registering 8.3 has struck 120 miles off the southwest coast of American Samoa in the South Pacific Ocean. The quake struck at a depth of 20.5 miles beneath the ocean’s surface. Tsunami warnings have been issued for Hawaii, New Guinea, and other Pacific Islands. It is estimated that the tsunami could reach Hawaii by 1:00 p.m. local time, 7:00 p.m. Eastern time. An earthquake of this magnitude has the power to generate a destructive tsunami, the warning center has stated.

The village of Sau Sau Beach Fale on American Samoa was leveled. New Zealander, Graeme Ansell told National Radio that not a building was left standing. He spoke from a hill near Samoa’s capital, Apia. The Pacific Tsunami Warning Center website has up to the minute warnings and messages regarding the status of the tsunami and evacuations.

Check back here for further updates.

Taser News - Tased for doing nothing.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10539 — Mon, 28 Sep 2009 08:00:00 EST

Neighbor Tased while sitting in chair on porch and holding his arms up.

http://www.therundown.tv/videos/wtf-files/neighbor-gets-tasered-while-sitting-on-his-porch/

Iowa Freight Train-Car Collision

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10460 — Thu, 24 Sep 2009 08:00:00 EST

On August 25th 2009 66 year old William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. The Keokuk Police Department says that the accident happened at around 4 o’clock but is unsure of the circumstances surrounding the accident. The train, a Burlington Northern Santa Fe, was carrying a black box and officials will be able to determine how fast the train was going at the time of the accident. The investigation remains open and ongoing.

250th Anniversary of Guinness Ale Leasehold Interest

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10461 — Thu, 24 Sep 2009 08:00:00 EST

Today we celebrate Sir Arthur Guinness and his shrewdness. For today is the 250th anniversary of the lease he signed in the year 1759. For a mere 100 pounds down and the promise to pay 45 pounds in annual rent he obtained the leasehold interest in St. James’s Gate in Dublin for a period of 9,000 years. This is the place where Arthur Guinness first brewed that amazing dark ale known as Guinness. From Archbishop Price Sir Arthur inherited 100 pound and turned it into a business that lasted for over 250 years.

Barbara, my wife is Irish. So for our honeymoon we ventured to Dublin to walk the streets where James Joyce lived and wrote. St. James Gate no longer is the place where Guinness is brewed but it remains intact along with a pub atop the Guinness Storehouse. From the pub you can sip a Guinness while looking out over the City of Dublin.

If you’d like to take a podcast tour of the Dublin City Center and the Guinness Storehouse follow the links. The audio file plays on iTunes and is in Italian, German, French and Spanish.

Saylor Road Accident Is A Mystery

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10443 — Mon, 21 Sep 2009 08:00:00 EST

Early Monday morning a small white car crashed into a stone wall on Birdland Drive heading towards Saylor Road, near Birdland Marina, according to WHO-TV news. The Police said, Joy Chumos, age 32, died at the scene of the crash, and the other three in the vehicle were seriously injured and brought to the hospital. The driver was 37-year-old Metrick Jenkins, the other passengers were Julie Edwards who was 47 years old, and Carla Chiles, age 49.

From news source kcci, “One woman suffered multiple fractures and one woman is undergoing surgery, according to police.”

Police were notified of the accident after 4:00am, by a man collecting cans and heard cries of help. An emergency team arrived at the scene by 4:30. It is unclear exactly what time the crash occurred.

Police Lt. Mark Buzynski was interviewed by the Des Moines Register and said he thought the car might have been going too fast to make the curve. Investigators are surveying the accident to determine further information as for the cause.

The debate rages about how old is too old to drive

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10410 — Fri, 18 Sep 2009 08:00:00 EST

On August 30, 2009 a hit-and-run occurred killing bicyclist, Mark Grgurich age 54. Hit by a white truck on Warren County Road G14, according to the Des Moines Register.

The white 1986 Chevrolet pickup was discovered to belong to Paul “Jud” McKinney, through investigating surveillance photographs, according to the Des Moines Register. The 79 year old McKinney will go to court on September 22, 2009 to face the following charges:

-leaving the scene of a fatality

-concealment of evidence

-failure to maintain control

If convicted of all charges he could face seven years in prison.

Read more and the commentary on The Verdict, the Lombardi Law Firm blog.

Road worker killed in Illinois, Safety is never on break

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10411 — Fri, 18 Sep 2009 08:00:00 EST

A highway construction worker was struck and killed in Morrison, Illinois. The worker was identified by the Quad City Times as Michael S. Holloway, 44 or Rock Falls, Illinois. The worker killed was working as the flagger. He was run over by a dump truck backing up. The dump truck driver is 75 years old.

This is a situation I’ve blogged on several times on The Verdict. Just today we posted on older drivers and how old is too old to be driving.

Join us today on The Verdict, our blog for a further discussion of this subject.

Illinois Highway Construction Worker Backed Over, Posted September 18, 2009

Iowa beats Iowa State by 14!!!

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10343 — Sat, 12 Sep 2009 08:00:00 EST

Girls roll van on I-380, parents all ask the wrong question

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10296 — Tue, 08 Sep 2009 08:00:00 EST

I'm covering this on the blog today. Why is a 15-year-old taxiing passengers on I-380 in Iowa?

Does the law allow the driver to taxi passengers for the convenience of parents? I’m not sure I would agree that it does. Was all of this avoidable? Absolutely. One of the lessons to learn is for parents to stop distracting teens with asking the wrong question, why are there so many lawsuits? Start asking the right question, the one that will reduce the number of accidents and in turn the number of lawsuits.

Why are there so many accidents and injuries?

See Radio Iowa, Teenage girl killed, two others injured in eastern Iowa wreck

UPDATE: Teen Killed, Two Injured in I-380 Accident

NEWS UPDATE - 1 killed in rollover accident

I send my condolences to the families and rest my case.

Iowa's Gravel Roads and Washboarding - Motorcycle Safety

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10240 — Wed, 02 Sep 2009 08:00:00 EST

On August 14^th 2009 Terry Hagen was headed eastbound on a gravel road when he lost control of his motorcycle, hit the guide wire in the ditch and was thrown from his motorcycle. Mr. Hagen died as a result of the injuries suffered in the accident. There is no word on whether he was wearing a helmet.

Read more on our blog about motorcycles and waterboarding on Iowa's gravel roadways.

Why did the at-fault driver flee the scene?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10228 — Tue, 01 Sep 2009 08:00:00 EST

Newton, Iowa Crash Leaves Woman Dead as Other Driver Fleas from Scene

The report isn’t pleasant to read. The police pieced together the collision sequence but without the at-fault driver who they say fled the scene. One car crossed the center line and sideswiped a 2007 Dodge minivan being operated by Karen Finch. The Finch vehicle then lost control, struck a 2005 Honda Civic head-on. That vehicle was reported to be operated by Erica Trafford. A passenger, Barbara Purtilo of Newton, in the Finch vehicle died in the crash.

It took hours for the police to locate a likely suspect in Cambridge, Iowa. He is 47-years of age. Why did he flea? Did he flea? Who was driving? All good questions that he’ll have to answer in due time.

Iowa I-80 Rear End Collision by Semi-Truck Driver

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10145 — Thu, 27 Aug 2009 08:00:00 EST

On August 26th 2009 a crash between a semi and a car occurred in the southbound lanes of I-35 between the University and Westown Parkway ramps. The police said that a passenger vehicle was stalled on the travel portion of I-35 when it was rear ended by the semi. The passenger vehicle driver was injured and taken to the hospital. The real question is why did the wreck happen? Was the semi driver paying attention? Did the passenger vehicle have his/her emergency blinkers on? Cars break down on the interstate all the time will you be watching for them?

CyRide Bus in Collision

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10117 — Wed, 26 Aug 2009 08:00:00 EST

On August 24th 2009 Richard Robson was headed westbound in his vehicle when he collided with an Ames City bus that was headed eastbound on 6th street near the railroad overpass. The CyRide bus was carrying 19 passengers, none of who were hurt, Mr. Robson however was transported to Mary Greeley Medical Center by ambulance but as of this morning August 25th 2009 he was not listed as a patient. The Ames Police Department is investigating the accident and no detail have been released as to who was at fault.

Vantus Bank Undercapitalized

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10093 — Tue, 25 Aug 2009 08:00:00 EST

Another victim of the economic downturn and housing crisis seems to have hit a little closer to home today. Federal regulators have told Vantus Bank, based in Sioux City, that its plan to increase capital was unacceptable. According to a filing with the U.S. Securities and Exchange Commission it must be sold or liquidated by September 30th. The bank that was founded in 1923 had 13 locations in Iowa and was the 22nd largest bank in terms of total assets at the end of the first quarter. It’s suffering from bad loans including those to Regency Homes which collapsed last year.

Mother Stopped And Tasered After Traffic Stop Notices to Sue

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10019 — Wed, 19 Aug 2009 08:00:00 EST

I’ve been covering the use of Tasers and what appears to be both an abuse of power by law enforcement along with embarrassment for the rest of the department. Take a look at the arrest of this mother, Audra Harmon, with children in the car, stopped for speeding and who asks to see the radar reading on the radar gun. Appearing to be caught off-guard and simply intolerant to being questioned this Onondaga County Deputy takes out his taser orders the woman back into her car; and when she complies he pulls her out of her car to taser her.

How is this not criminal conduct? How can anyone justify this use of force? Watch the video and see if you agree with the woman filing a lawsuit against the police department.

Now that you’ve seen the video did you see the officer pull the woman down and into the lane of traffic without first looking to make sure she wasn’t going to get run over?

A police video captured by a dashboard camera shows Deputy Sean Andrews yanking Audra Harmon out of her minivan by the arm and knocking her down with two Taser shots last January.

Harmon was charged with disorderly conduct, resisting arrest and going 50 mph in a 45 mph zone. Her lawyer says the district attorney's office dismissed the charges after watching the videotape.

Live Tomorrow on Ridin' Dirty Radio from Los Angeles, Wrong-way Interstate Drivers

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)10012 — Tue, 18 Aug 2009 08:00:00 EST

A live radio interview will be broadcast tomorrow with Steve Lombardi, Des Moines InjuryBoard about wrong-way drivers.

Tune in tomorrow on California radio , August 19, 2009 at 1:30 pm CST as Attorney Lombardi engages in a discussion about wrong-way collisions and drunk driving habits. Steve has been running a series about wrong-way interstate driving on the InjuryBoard. You can listen live online by clicking the link on the website.

Ken Sharp and Heidi Foglesong are the shows hosts.

www.RidinDirtyRadio.com

Join us for an interesting discussion about interstate wrong-way drivers colliding head-on with reality.

Trial Lawyers Across the Country Show "Wii" Care

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9937 — Mon, 10 Aug 2009 08:00:00 EST

Trial Lawyers Across the Country Show “Wii” Care

Local children are now getting the chance to smile while they heal thanks to local trial attorneys. The first three Mondays in August, 53 law firms from 25 states will band together to donate more than 60 Nintendo Wii gaming systems to rehabilitation centers, nursing homes and hospitals all over America. The firms are all members of a consumer safety community called InjuryBoard (www.injuryboard.com). With more than half its membership participating, InjuryBoard hopes the event will inspire attorneys everywhere to give back to their communities.

Locally, the law firm of Lombardi Law Firm is donating a Wii system to Blank Children’s Hospital Pediatric Rehabilitation Center in Ankeny. Steve Lombardi was one of the first member firms to agree to participate in this cause. When contacted by InjuryBoard, Steve said,” When we heard about this program we jumped at the chance. Everyday, children in our area rely on Blank Children’s Hospital and the Pediatric Rehabilitation Center to help make them whole after sustaining life changing injuries. If we can help ease their recovery in any way by making physical rehabilitation fun, we know we are making a difference.”

The Wii was selected because of a recent trend in rehabilitation toward a new treatment technique known as “Wiihab”. Wiihab makes use of the gaming system’s unique, live motion play to offer patients a fun and less painful exercise medium. The InjuryBoard firms, all of whom represent victims of serious accidents, hope that their donations will ease the recovery of those in need and will help patients find enjoyment in an otherwise painful and difficult process. InjuryBoard member and local attorney, Steve Lombardi, explains, “Our goal in this time of economic recession is to reach out to facilities like the Pediatric Rehabilitation Center of Blank Children’s Hospital and help them provide the care that budget realities might otherwise prevent.”

InjuryBoard was founded by Tampa, Florida attorney Tom Young. “InjuryBoard is a network of trial attorneys,” states Young, “and too often trial attorneys are saddled with an undeservedly poor reputation.” According to Young, InjuryBoard is committed to revealing to consumers the truth about personal injury attorneys. “Our members are some of the kindest, most genuine people I know. These are folks who shunned big law firms, prestige and easy money in favor of helping their communities," Young says. "I am constantly humbled by the commitment our members have to helping injured people. Our hope with events like this is that we can do some good for injured people, from victims of auto accidents to defective products, by helping them get back on their feet. This Wii giveaway is a natural extension of the work our member firms do every day.”

The giveaway is sponsored by the InjuryBoard Foundation, a non-profit organization which acts as the charitable arm of InjuryBoard.com. The purpose of the InjuryBoard Foundation is to help individuals and communities live safer, happier lives through increased awareness and community outreach. Young says that the incredible success and broad participation in this Wii giveaway has inspired InjuryBoard to organize these events on a regular basis. “We plan on utilizing the foundation to help as many people as we can. This is just the beginning," Young adds. "We’re planning child safety seat drives, bicycle helmet giveaways and anything else we can think of to get people the help they need and make our communities safer.”

Deere worker electroctued at Waterloo foundry

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9932 — Sun, 09 Aug 2009 08:00:00 EST

It appears the worker who was electrocuted at the John Deere Waterloo facility has died. The man, Daniel Gerdman, 22-years-of-age died on Tuesday while working at the foundry. Working on some lighting he was electrocuted. OSHA is investigating the incident. Gerdman was found at around 11:30 a.m.

We just posted another blog about an electrician from Des Moines who died from being electrocuted on a job in Cedar Rapids. He was 24-years-old. Here is my article on the Injuryboard.com.

What might have prevented this 24-year-old Des Moines electrician from being killed by electrocution?

These are all preventable. Like the Turney electrocution, Gerdman’s dependents are also entitled to work comp. benefits and should investigate a third-party case.

See also my post on the Lombardi Law Firm website blog. My news item contains a different video on lock-out tag-out safety rules.

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

What caused the death of a 24 year old Des Moines electrician?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9929 — Sat, 08 Aug 2009 08:00:00 EST

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.

Today, I've added a blog discussing this very subject, lock-out-tag-out safety procedures.

Visit our blog, The Verdict, and read the post about why this young man may have been killed while working as a young electrician.

Delaware Man Runs Off Road - No Reason Given

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9730 — Tue, 04 Aug 2009 08:00:00 EST

On July 20^th, 2009 John Thomsen was Westbound on D22 when he crossed the center line veered off the roadway and into the South ditch. Mr. Thomsen was taken to Regional Medical Center in Manchester where he was pronounced dead from the injuries sustained from the wreck. He was driving a 2003 Chevrolet Impala in Delaware County.

How much bike is too much, when you're over-the-hill at 50+

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9716 — Sun, 02 Aug 2009 08:00:00 EST

I read where a man 67-years-old was riding eastbound on I-80 at the 142 mile marker. He’s in the left lane, his bike leaves the roadway on the left side where he rolls it and is killed. This accident happens at 4:01 pm and he’s heading east so the sun would not be a factor unless it’s being reflected off of something. There is no indication that was a factor.

First of all I’m sorry this happened to him and his family, but it reminded me of a woman I saw the other day riding a Harley-Davidson in West Des Moines. Like this man, she too was riding a large Harley Davidson and she also looked to be in her 60’s. My first reaction was that’s way too much bike for those flabby arms. If the bike’s front wheel gets out of sorts she’s going to be in trouble really quick. And without the necessary strength, which she obviously didn’t have, she’ll never be able to pull it back to straight or level.

Hey I’m in good physical shape, but I’m also 55 and willing to admit when my age is catching up to me in ways that make certain things just too risky. Woman and old men riding bikes need to evaluate how much is too much bike for them to handle. While this may have been a nice lady, accidents don’t have a conscience.

What are the causes of wrong-way drivers, aka "ghost riders"?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9710 — Sat, 01 Aug 2009 08:00:00 EST

What are the causes of wrong-way drivers, aka “ghost riders”?

1. Alcohol or drug related driver confusion.

2. Old age and confusion.

3. Mental defect or disease.

4. Purposeful acts including attempts to commit suicide and criminals attempting to elude law enforcement officers.

5. Inexperience.

6. Signage confusion and road design. Broad medians can cause sight confusion with situational awareness.

7. GPS providing incorrect, inaccurate or confusing information.

Semi-Driver Fails To Obey Stop Sign Causing Untimely Death Of 27 Year Old Corwith Women

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9673 — Thu, 30 Jul 2009 08:00:00 EST

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. Miss 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.

Is stopping at a stop sign optional?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9675 — Thu, 30 Jul 2009 08:00:00 EST

In today’s blog post we discuss a Hancock County accident that took the life of a woman. From the accident report it appears the semi-driver was the at-fault driver for not stopping at a stop sign. Is he allowed to do that? Read our opinion piece, it’s pretty brief. That should give you a clue on the answer.

Was Des Moines Construction Accident Caused By Rotted Utility Pole

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9661 — Wed, 29 Jul 2009 08:00:00 EST

On July 29th 2009 Andrew Russell Clarke was killed after being hit by a falling utility pole. Paul Maple was driving a Bobcat when he accidently ran into a utility pole and knocked it down. Maple has told police that Mr. Clarke was his daughters girlfriend, the police are calling this a tragic accident. One has to wonder why the utility pole couldn’t stand up to a bump from a Bobcat and who is responsible for the untimely death of this young father of two. A spokeswoman with MidAmerican Energy Co. said that the pole did not belong to them or carry electrical lines. According to various news sources Mediacom normally rents the poles that it uses and Qwest did not immediately return phone calls to the Des Moines Register.

By Nick Lombardi

SPECIAL NOTE: Nick makes a good point and extends the news and blog posts by me. More than taking photographs the entire utility pole needs to be preserved. In other words it should not be destoryed or altered before an expert has the opportunity to examine and test it. Steve Lombardi

Boats collide on Lost Island Lake, Iowa

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9625 — Tue, 28 Jul 2009 08:00:00 EST

Follow the link to

Boating News from Iowa: Two- 13-year-old boys collide boats on Lost Island Lake

Passing on the right or left in rural Iowa requires caution.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9602 — Mon, 27 Jul 2009 08:00:00 EST

We’ve added two posts today about passing. The first on the right shoulder and the second on the left shoulder. Both resulted in a death. In Iowa rural roads require extra caution and attention by the drivers; not just to other drivers but to passengers as well. Here are the links.

· Driver Safety: Passing on the shoulder, to the right while merging with tall corn, obstructing his vision, requires extreme caution on Iowa's rural roadways

· Driver Safety: Passing on the shoulder, to the left just before an intersection, requires extreme caution on Iowa's rural roadways

News on elevator fall case in Ames, Iowa updated

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9590 — Sat, 25 Jul 2009 08:00:00 EST

We’ve updated the post on the Ames, Iowa elevator fall case that killed the Illinois man, Robert Pawlak, 19.

See, Updated News on the Ames, Iowa Elevator Fall

I've previously commented on the elevator accident in Ames, Iowa that took the life of a young Illinois man. These are my posts.

Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator, June 8, 2009

Just the Facts: Elevator door collapse investigation in Ames, Iowa still open. Why?, June 15, 2009

Elevator Inspections and Maintenance – Were they performed? What is going on in Ames, Iowa?, June 16, 2009

Texas Motorcycle Rider Dies in South Dakota as Truck Driver Makes Turn

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9565 — Fri, 24 Jul 2009 08:00:00 EST

A Texas man, Vernon Newsom of Mansfield, Texas died in a motorcycle accident in or near Geddes, South Dakota as a result of a driver turning without first making sure it was clear to do so. Newsom, with his wife on the back attempted to pass a truck, as he started passing the truck started to turn causing him to have to take to the ditch where he was killed and his wife suffered life-threatening injuries.

In Iowa it’s referred to as the duty of due care. You can’t start a turn without first looking and making sure it’s safe to do so. Each driver also has a look out duty. You must look before you begin a turn. In this case it doesn’t appear either was correctly performed. I’ve come across three people in the last two days almost causing accidents/wrecks/crashes as a result of being on the cell phone and holding it up with their left hand so that their hand and arm cover their peripheral vision. Stupid is as stupid does.

Cooler temperatures haven't meant cooler tempers when a motor vehicle accident occurs.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9506 — Tue, 21 Jul 2009 08:00:00 EST

On July 7^th Kirk Benjamin Moon of Winterset Iowa was ticked for reckless driving and running a red light. However it appears that was the least of the damage done, allegedly Mr. Moon slammed into 85 year old Vera Hunt than put the car into reverse slamming into a utility pole outside of Premier Credit Union and finally hitting several other parked cars. Steve Flamm who witnessed the crash said that Mr. Moon’s, “truck approached at a high rate of speed and that the driver was irate when he got out”. The passenger in the vehicle with Mr. Moon was taken to Mercy Medical Center and while the individual has not been identified a message left on a Des Moines Register Message board by “Uncooperative” states that Mr. Moon was yelling at the KCCI team at the scene because they were preventing him from getting to his wife. The MySpace page of a Kirk Moon in Winterset has his wife listed as a Becky Moon and a comment left by Melissa Anderson is shown asking if they are alright.

Ames Elevator Fall Update is Posted on The Verdict Blog

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9487 — Mon, 20 Jul 2009 08:00:00 EST

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.

Read The Verdict blog post for a complete report. See below.

Update on Ames Elevator Accident Case at Legacy Apartments

DC Metro Train Accident begs the question, are Washington's distractions leading us astray

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9104 — Wed, 24 Jun 2009 08:00:00 EST

With the decaying infrastrurcture to bridges and the U.S. rail system a person has to wonder if the Washington and Wall Street distractions are leading this country astray from what it needs to focus on. Rick Shapiro in an article titled

Metro Railroad Trains Collide Outside Washington, , D.C.--At Least Four Dead, 60 Injured, discusses the serious rail accident in Washington, DC. You can watch the chopper video of the scene through the link provided on his website.

This isn't the only serious case of railroad accidents.

Other relevant articles by our law firm on railroad injury circumstances:

Toxic Chlorine Gas Used in Recent Attack in Iraq is the Same ...

Railroad Accident/FELA, Rail Crossing Attorneys: Virginia/Carolina ...

Have our leaders and the Wall Street CEO's forgotten about the serious business of running our country for the sake of greed? Has the system been corrupted to the point where the leaders no longer care about the job they were elected to do?

UPDATE: Railroad Accidents Capture The Public Attention After Tragic Washington D.C. Wreck

AND FROM LANSING, MICHIGAN COMES THIS ARTICLE:

Metro Trains Collide Outside of Washington, D.C. During Rush Hour Traffic

Nine children injured in two-van collision near Grimes

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9130 — Wed, 24 Jun 2009 08:00:00 EST

One van tried to turn left of center onto S. 11th Street south of Grimes off of Iowa Highway 141. An oncoming van collided with the first van sending two adults and nine children to the hospital. The van was from Oakmoor and it rolled in the ditch.

Cedar Rapids motorcycle clocked at 164 mph

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)9006 — Sun, 14 Jun 2009 08:00:00 EST

What does a 2002 Yamaha YZF-R1 motorcycle have in common with a jet? Well apparently a jet can’t travel at speeds of 164 mph and be so close to the ground. Kyle Russell, just 20 knows what it feels like to go from zero to 164 mph in seconds. And apparently the Cedar Rapids police weren’t especially impressed with is prowess for going faster than a speeding bullet. Seems how several motorcycles going 104 mph were caught on radar. They split up but a police helicopter kept up with one catching him on radar going 164 mph. It’s reported he was found hiding in a boat when they caught up with him. And I though Superman changed his clothes in a telephone booth?

But one has to wonder, can a Yamaha YZF-R1 motorcycle really go 164 miles per hour?

Illegal motorcycle street race 305 km/h can cause accidents and kill others who become the unintended victims or reckless behavior.

FYI: According to Convert-It, 305 km/hr is the equivalent of 189.51821363238685 mph.

And 164 mph is the equivalent of 263.932416 km/hr.

Foolish is as foolish does.

New Universal Protocol video is an easy training tool, offers credits

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8772 — Wed, 27 May 2009 08:00:00 EST

Wrong-site surgery, suicide top Joint Commission sentinel event list

Wrong-site surgery, suicide, and operative/postoperative complications topped The Joint Commission’s latest tally of most frequently reported sentinel events, according to the May Joint Commission Online. The accreditor has reviewed 5,901 sentinel events since it began maintaining its database in January 1995 through March 31, 2009.

A total of 6,036 patients were affected by the events, with 4,132 (68%) resulting in patient death. The rest of the top 10 sentinel events over the last 14 years are medication error, delay in treatment, patient fall, unintended retention of foreign body, assault/rape/homicide, patient death or injury in restraints, and perinatal death or loss of function.

West Des Moines, Iowa Job Opening for Legal Support Person

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8668 — Thu, 21 May 2009 08:00:00 EST

Job Announcement

Date: May 20, 2009

Type: Legal Environment

Place: Lombardi Law Firm and Loney Law Firm

Start Date: Immediate

Pay: Based on experience but not less than $14.00 per hour.

Request: Are you out of work and looking to make ends meet? Do you want to change jobs because the one you have is boring? Are you not being appreciated at your present low-paying job? Are you a self-starter, energetic, honest and hard working? Is your boss too bossy? Well so am I, but that’s life. If most of this describes you then call Barbara Lombardi at 515-222-1110.

THE OFFICE MANAGER IS BARBARA

Qualifications: Secretary with legal experience in the area of workers’ compensation and plaintiffs’ litigation. If you don’t have the experience of working in litigation there is no reason to apply. We will need references to support your experience and work ethic. If you don’t have the requisite experience, don’t apply for this job. We can’t lower the expectations; they are what they are. You need to know how to use the computer software programs Word, Adobe Acrobat and CaseMap. We are looking for the right person who will be focused, works hard and likes a challenge.

Hours: 8:30 A.M. till 5:00 PM. (8 hour days 5 days a week; 50 weeks a year)

Job Description: This is a small legal office that does Plaintiff/Claimant work. We work hard and need a self-starting, motivated person with the desire to grow with the law firm. We use CaseMap, Word, Abacus, Excel and Adobe Acrobat.

Eric Loney is one of the persons you will work along with. Eric sort of reminds us of someone from The Office.

And then there is our other office mate, Todd Miler. Todd practices criminal law mostly. And he hunts some. You might say he's got a little Atticus in him.

Iowa State Fair Photography Competition

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8645 — Mon, 18 May 2009 08:00:00 EST

Iowa State Fair

Go to www.iowastatefair.org

Click on the second tab “2009 Iowa State Fair”

Then click on “Competition”

From the drop down menu click on “How to Enter”

Click on the drop down arrow for “Select a Department” and select “Photography”

Here you will find the “Rules and Entry Form” and also the “2009 Photography Theme”

I've also added the entry form to our offering documents.

From simple beginnings, the Iowa State Fair has become larger, longer and wider in scope. It has become a pacesetter in the industry. The Fair's evolution from a simple stock show to today's agricultural, industrial and entertainment extravaganza is a direct reflection of Iowa's evolution from an untilled prairie to the very center of the nation's food production. The Iowa State Fair has been the historical trademark of this progress. For more than 14 decades - more than a century in the same location - the Fair has instructed, influenced and guided an agricultural people in making agricultural history.

Over the years the Fair has never veered from its primary purpose: the celebration of excellence, the recognition of individual achievement and the enhancement of agriculture. Whether it's Grandma's pickles, Dad's farm gadget, the neighbor's Cookout Contest entry or sister's photography, the emphasis continues to be recognition of the particular talent or skill that makes each person unique. The Fair is the true, ever-changing reflection of what's best about Iowa and her people.

Deposition preparation page added to Lombardi Law Firm Client Toolbox

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8630 — Sun, 17 May 2009 08:00:00 EST

Today we added to the Lombardi Law Firm Client Toolbox twenty-five things you shouldn't forget to do before being deposed. If you have the right tools you'll have the best opportunity to successfully litigate your case. Be prepared.

See DEPOSITION PREPARATION MADE EASY for 25 don'ts that should help you be successful at testifying in a deposition.

How long does it take to settle a workers' compensation case?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8609 — Fri, 15 May 2009 08:00:00 EST

It takes as long as it takes. It should take long enough to do it right. Okay, so what is it in months? Well, probably about 18 months on average; or a little longer. Why, you ask?

Well because the hold up is your medical condition and the treatment it takes to get you to a point of maximum medical improvement. It’s all about doctor’s opinions. The sooner the doctor lets you go back to work or finish up with your treatment the lawyers can do the rest of their work to settle or try your care.

Think of doctor opinions like you do gasoline in a car’s fuel tank. If there is no gas in the tank, then the car won’t start up. Same goes for the workers’ compensation benefits engine. If you don’t have a doctor’s opinion the work comp benefits engine won’t start. So doctor opinions are the fuel of the workers’ compensation benefits engine. Simply stated your work injury must be related to your work.

Now what kind of gas do you need? You need a positive doctor opinion that relates your injury and need for treatment to what you do at work.

Then you’ll need a medical opinion that says because of that injury or the need for medical treatment you need to be off of work. That’s a doctor’s work excuse.

And then you’ll need a doctor’s opinion saying you can go back to work. That’s a work release.

After you go back to work and you’re finished with treatment the doctor will decide if he thinks you have permanent impairment or activity restrictions.

All this takes time and has to be done in sequence. Nothing can be rushed or done sloppy.

So be patient; don’t worry it will get done, but in time.

Call us if you have questions. 1-515-222-1110 We even take email. sdlombardi@aol.com

I-80 Construction Area Collision Kills in Iowa

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8558 — Wed, 13 May 2009 08:00:00 EST

Names of those killed are not being disclosed until relatives are notified. What we know is the driver of a semi-truck on I-80 in Scott County, Iowa drove into a construction zone and rear ended a series of cars stopped in the construction zone.

The 2009 Kenworth Semi-truck was driven by 34 year-old Anthony Johnson of Arlington, Texas. It appears as though the driver of a Chevrolet Corvette and a van driver were both killed and perhaps a third person was injured.

Trooper’s Accident/collision Description

VEH 4, 2006 REITNOUER SEMI, DRIVER TODD IAGULLI 39 YRS WESTAMPTON NJ VEHS 2,3,4 WERE STOPPED 80 EB AS ENTERING CONST ZONE VEH 1 STRUCK THE REAR OF VEH 2 PUSHING IT INTO S DITCH, VEH 1 THEN STRUCK REAR OF VEH 3 PUSHING IT INTO REAR OF VEH 4, VEH 1 CONTINUED NE TOWARDS THE MEDIAN INVEST PENDING

Crash occurred at 18:16 or 6:16 PM on May 11, 2009 in Scott County in the eastbound lane at mile marker 305.

The Des Moines Register reports the same basic information; making it obvious names are not being reported until relatives have been notified.

Take a look at this bus driver texting and driving right up until he runs into the back of traffic stopped on an interstate highway.

Wrong-site or wrong-side surgery in Providence at Hasbro Chidren's Hospital

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8568 — Wed, 13 May 2009 08:00:00 EST

Placing the surgeon and surgical staff on administrative leave pending the results of an investigation Hasbro Children's Hospital in Providence, Rhode Island is reporting a wrong-site or wrong-side surgery during oral surgery. We've litigated these kinds of cases.

Bremer County, Iowa collision between dump truck and car hospitalize two drivers

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8555 — Wed, 13 May 2009 08:00:00 EST

An accident between a car and dump truck on Highway 63 in Bremer Count, Iowa sent the drivers of the two vehicles to Iowa hospitals. The dump truck driver is Loyd Kildow of Hillsboro and he was taken to Allen Memorial Hospital in Waterloo. The other driver, Jeffrey Riley of Denver, Iowa was airlifted to Covenant Medical Center in Waterloo.

No other information was on-line either through the Iowa State Patrol or other available sources.

KCRG – TV9 Cedar Rapids also covered this story.

KWWL covered the story.

Iowa ATV rollover, kills driver

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8557 — Wed, 13 May 2009 08:00:00 EST

Another ATV accident and death is being reported to have occurred in northeast Iowa. A man from northeast Iowa died Sunday while driving a Polaris ATV 6x6 vehicle. Report is he was on a hillside and rolled it. He died at the scene. He is James Leas, 59 or rural Waukon. The accident occurred near the intersection of Primrose Drive and Maple Road.

ATV’s have been in the news lately having to do with litigation and the stability of the ATV and how it is designed. We’ve previously reported on it.

Update about deadly Iowa ATV accident and the heroics of an 11-year-old girl. As posted on The Verdict, Lombardi Law Firm

The Best of the Worst ATV accidents on YouTube

ATV Accidents - 3/31/08 4 pm: ATV crash kills girl, posted also on The Verdict, Lombardi Law Firm

Teacher left paralyzed after surgery, blames stenosis?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8491 — Sat, 09 May 2009 08:00:00 EST

A ninth-grade teacher from Lincoln High School is reported to have a condition caused spinal stenosis. He went into surgery to correct the problem and came out paralyzed.

The question today is whether this condition in Jeff Mullin could have caused his paralysis?

Answer: Not likely.

Spinal stenosis is a condition that comes on gradually and is more times than not part of the aging process. It’s not a condition that quickly develops. So the likelihood of it causing sudden paralysis is not likely.

What is the likely cause?

To answer that question one would first have to know the surgical process used to try and correct the problem. Surgical techniques can use screws and metal hardware, which require drills, drill bits and screw drivers. As I often say orthopedic surgery is a carpenter’s skill trade.

I'll blog more on this today, following graduation ceremonies at I.S.U. We have two who graduate. One from the College of Design and the other Liberal Arts.

Store owner can be liable for injury to customers caused by sales events that are improperly policed

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8485 — Fri, 08 May 2009 08:00:00 EST

Wal-Mart stampede victim likely died of asphyxiation. Preliminary results of the autopsy were announced by Nassau police. The results underscored the necessity of store owners controlling sales events. At the time we called it the advertising campaign that had Madison Avenue gleeful. Today it's not so gleeful.

Store owners and operators have a legal obligation to protect their store patrons. In Iowa this case would likely result in a lawsuit for wrongful death.

According to Mulvey, police and Green Acres Mall security had been at the site “in anticipation of these sales.”

'And the message was clearly portrayed to all those parties that these kinds of events fall within the purview of their security,' said Mulvey 'And they need to plan, organize and police them properly. We clearly put it out on their plate,' he added.

Jdimytai Damour, 34, seasonal security worker from Jamaica, Queens, was trampled by a stampede of 2,000 frenzied shoppers at the mall, as they broke through a glass door, rushing to grab a bargain.

Damour’s cause of death, says police, was “positional asphyxiation” consistent with having pressure applied to his chest. More bluntly put “he was trampled to death.”

Waterloo, Iowa maintenance worker falls into water tank

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8460 — Thu, 07 May 2009 08:00:00 EST

We have previously reported on a maintenance worker falling from a water tower into the tower itself. Today we report on another incident in Waterloo, Iowa where the same thing occurred. This time it took an hour to rescue the man. The maintenance worker was sandblasting the inside of the water tower. His name or condition or injuries were not released. The man fell 30 feet so that would require a fall protection plan and harness.

Andrews Prestressed fined by OSHA over Trinidad death from falling into hopper

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8459 — Thu, 07 May 2009 08:00:00 EST

The Register reports the Clear Lake company we posted on previously for the death of a worker, Simon Trinidad, a 35 year-old when he fell into a metal hopper, was fined by IOSH in the amount of $375,000. Apparently this is the second time this company has been fined for a similar violation. The company is Andrews Prestressed Concrete in Clear Lake, Iowa.

These types of claims are easier for the workers’ compensation death claims than the third-party or gross negligence cases. We’ve had good experience on third party claims and some luck with gross negligence claims against the co-employees or supervisors.

Clear Lake Company issued a fine for the death of a worker who fell into an open hopper, is linkked to the Lombardi Law Firm news item.

Clear Lake Company issued a fine for the death of a worker who fell into an open hopper, is linked to the Des Moines Register article.

Eastern Iowa Lawyer or Lawfirm Sought to Write Legal Blogs for InjuryBoard.com

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8455 — Wed, 06 May 2009 08:00:00 EST

Find a Personal Injury Law Firm

InjuryBoard has a network of personal injury law firms located across the United States. Click the firm nearest you from the map or refine your search by state, zip code and/or practice area.

Who We Are
InjuryBoard is a growing community of attorneys, media professionals, safety industry experts, and local activists committed to making a difference by helping families stay safe and avoid injury, and helping those who are injured get the assistance they need to move on with their lives after an accident. Learn More

Single motorcycle crash kills driver when he strikes a tree

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8414 — Tue, 05 May 2009 08:00:00 EST

On April 14^th2009 William Lee Kilmer of Des Moines was traveling west on Aurora Avenue when he lost control of his motorcycle hit a curb and crashed head first into a tree. Mr. Kilmer was not wearing a helmet which could have saved his life.

Mason City child killed while crossing Highway 122

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8438 — Tue, 05 May 2009 08:00:00 EST

A Mason City, Iowa child was killed while crossing Highway 122 between S. Georgia and S. Jersey. A group of children ran across the street in front of the car being driven by Kyle Leedom (18) when one child stopped and the car struck him. The child was taken to Mercy Hospital in Mason City, where he was pronounced dead. The child is reported to be Darrion Rambo. The accident took place around 9:00 P.M. on a Saturday.

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

Even as a pedestrian you have to keep your wits about you and watch the traffic.

Three vehicle collision near Ames, Iowa.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8413 — Sun, 03 May 2009 08:00:00 EST

Garrett Chitty of Ames Iowa as merging onto southbound I-35 from westbound 30 when he failed to yield and hit the passenger side of a semi driven by Louis Thomas. The resulting impact caused Mr. Thomas to hit the vehicle in the inside lane driven by Gary Parsons of New York. Mr. Parsons vehicle traveled through the a bridge rail, rolled over and finally came to rest facing southbound on the west shoulder of I-35 south of Highway 30. Mr. Parsons died from the injuries that sustained in the crash.

Another unexplained crossing of the center line, a head-on crash and death of the driver in Iowa

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8373 — Thu, 30 Apr 2009 08:00:00 EST

Orrin John Troester was driving west on Highway 128, when his vehicle crossed the center line and struck a 2002 Sterling Semi-truck being operated by Richard Allen Besler of Epworth, Iowa. Mr. Epworth is 47 and Mr. Troester was 61. Troester died in the collision. He was transported to Elkader Hospital and then to the Iowa Medical Examiner. The accident occurred on April 27, 2009 at around 11:15 a.m.

Woman losses arm in crash on I-80 in Iowa

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8363 — Wed, 29 Apr 2009 08:00:00 EST

With her husband driving, a crash occurred with her side of the SUV, causing her to lose her arm. She is 36 years old. The collision occurred with the rear of the truck and the passenger side of the SUV.

The woman was Cari Segebart and the collision occurred on I-80 east of Council Bluffs, Iowa on Tuesday.

Wrester who died in van accident has suit filed against college

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8361 — Wed, 29 Apr 2009 08:00:00 EST

A wrestler who died in a van crash while in Iowa has suit filed by his mother. The student was a wrestler for York College and was in a van with ten wrestlers from a Nebraska college. He was from Kansas and was not wearing his seat belt. The wrester is Brock Pigorsch from Herington, Kansas. He was thrown from the van.

Mr. Lombardi will cover this more in his blog, The Verdict tomorrow.

YORK -- Information was still scarce as of press time, but the York News-Times was informed by York College sources that Brock Pigorsch, 21, a native of Herington, Kan., was tragically killed in an accident as the college wrestling team was on their way to an invite in Iowa.

EXCLUSIVE VIDEO REPORT

The Iowa State Patrol confirmed that an accident occurred north of Council Bluffs, Iowa, and that Life Flight services were required to transport a victim who later died of his injuries. As of press time, they were unable to release any further information, as the investigation into the crash was still underway.

Steddon Sikes with York College said that Pigorsch was a sophomore at the college.

According to the college's sports schedule, the wrestling team was on its way to the Red Raider Invitational in Orange City, Iowa, at Northwestern College.

Individuals at the college said that other wrestlers were injured, but none of them were in a life-threatening situation.

A prayer service was being organized at the college, last night, for students after the word of the tragedy spread across campus.

The News-Times was told that the victim's older brother, Brandon, is also a member of the wrestling team.

Sikes confirmed that a number of York College faculty members were on their way, last night, to bring the team back home to York College. He was unable to provide any further information, as the situation was unfolding.

The News-Times will bring more coverage of this tragic event, as it becomes available.

Category: News & Politics

A single car accident can provide a useful exercise in thinking for young lawyers.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8355 — Wed, 29 Apr 2009 08:00:00 EST

Joe Mccloud was southbound on 180th St. in Appanoose County when he lost control of his vehicle striking a tree in the West ditch. All though Mr. Mccloud was wearing his seatbelt he died from the injuries sustained in the crash. The point of contact was broadside on the driver’s door.

For young lawyers and would-be trial lawyers these single-car accidents can be a useful exercise in how to investigate an mva. In this instance there are many questions with no answers need to be asked. See The Verdict today for a post about what questions need asking and answers.

Clear Lake company issued a fine for the death of a worker who fell into an open hopper

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8299 — Mon, 27 Apr 2009 08:00:00 EST

Clear Lake company issued a fine for the death of a worker who fell into an open hopper

IOSH, or OSHA as it's most commonly called fined a Clear Lake company $357,000 for an accident that killed an employee. The Des Moines Register article indicates this is the second time an open hopper unprotected by guardrails has been the issue of a citation. The worker that died is 35, Simon Trinidad. He's entitled to receive at the very least workers' compensation death benefits. If he was married or had dependents they too are entitled to benefits.

"The Iowa Occupational Safety and Health Bureau said employees were exposed to the 12-foot deep, open hopper that was unprotected by guardrails. The company was cited in 2006 for the same violation."

Car runs red light, collision takes the life of one woman and an infants has broken jaw

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8300 — Mon, 27 Apr 2009 08:00:00 EST

A Chariton woman died in a two-vehicle crash in Des Moines on Saturday near the intersection of East 15th and Lyon streets at Interstate Highway 235.

Erin South, 33, of Chariton was a passenger in a car being driven by Stephanie Glover, 25, also of Chariton. The car Glover was driving is reported to have entered the intersection against a red light, and then collided with a Chevrolet Suburban.

Police indicated to the Des Moines Register reporters that the Intrepid was traveling north on East 15th Street and the Suburban was traveling east on Lyon Street as if it were preparing to enter the eastbound on-ramp to I-235.

South was taken to Mercy Hospital where she apparently died during surgery.

Glover, another adult passenger and an infant were taken to Iowa Methodist Medical Center. The other passenger, whose name was not released, suffered a broken arm and the infant suffered a broken jaw. Police said Glover, the driver, required surgery at Methodist and was listed in critical condition late Saturday. Des Moines Register

Maria Jimenez, 33, of Des Moines, the other driver was not seriously injured.

The driver is responsible for those injuries caused by their negligent acts. They can be legally responsible for both the passengers in the other car and their own car.

2009 Annual Conference Web 2.0 & The Trial Bar

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8306 — Mon, 27 Apr 2009 08:00:00 EST

A Different Experience

Ready for a different CLE experience? One with topics and speakers who will hold your attention and inspire you in ways legal education never has before? How about a multi-day destination CLE that won't break the bank? Join us in beautiful St. Petersburg, Florida for a different kind of CLE experience, a family friendly environment and laid back atmosphere where you can meet fellow attorneys that share your values and passion for the trial bar while you learn proven and practical methods to grow your practice.

Growing In Your Field

We've gathered some of the leading authorities on legal topics of interest to plaintiff attorneys. These successful professionals are industry leaders and well-respected litigators, speakers and teachers who will share the hardearned wisdom and practical experience of their many years in practice.

Building Relationships

A host of casual networking events are available to choose from during the conference, including: a welcome cocktail reception, a sunset cruise aboard a fine dining yacht, a Tampa Bay Rays v. Kansas City Royals baseball game, and a fishing tournament with professional guides and posttournament party (additional charges may apply for some of these events, so you can attend all or none depending on your budget).

The Technology Advantage

We’ve spent the past ten years forging relationships with the best and brightest online entrepreneurs on the Web. These are men and women who are experts in the fields of online marketing, search engine optimization, web analytics, legal blogging, and social networking. They've started and sold web-based companies many times over and are leaders in their respective fields.

Our marketing and technology speakers are specifically recruited because they have no business interests in the legal profession. They have no ulterior motives, no sales agenda, and no interest in adding your firm to their client list. What they do have is an in-depth understanding of all things associated with the Internet and, because of our relationships with them, a willingness to share that information with a profession that, from a technology perspective, lags the rest of the business world by a decade.

For more information, please contact: Marsha Bauman ~ 813.225.1313 ~ mbauman@injuryboard.com

June 03 - 06, 2009

St. Petersburg Yacht Club

11 Central Avenue

St. Petersburg, Florida 33701

to register: www.injuryboardconference.com

Death by house fire. A cigarette lighter? How about using a flashlight?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8291 — Sat, 25 Apr 2009 08:00:00 EST

Is it me getting older or are instances where people seem to lack common sense increasing?

Fort Dodge, Iowa: Two reports from KCCI report on a house fire where Larry Parsons, 58 died from injuries suffered during a house fire last week. There were two other people reported to be in the house. Take a look at this report of how it started and tell me if you see something lacking in this person’s deductive reasoning and intuitive abilities? The cause of the fire is really one with a person or persons lacking common sense.

Investigators said the fire started when someone used a lighter to look under a couch for a dropped cigarette, and the flame from the lighter ignited the couch.

Really …are you serious? What level of education does it require to know that a lighter under a couch isn’t a good idea?

We will cover this more extensively on The Verdict, our blog at the Lombardi Law Firm. Our coverage will include rights, responsibilities and more extensive reporting on safety issues.

Des Moines Police report vandalism, looking for help identifying Des Moines Iowa suspects.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8293 — Sat, 25 Apr 2009 08:00:00 EST

Police are asking for help identifying three suspects who damaged cars in a parking garage. The damage occurred at the Village West Apartments 1300 31^st St. and surveillance cameras recorded the three kicking cars Tuesday afternoon. If you have knowledge of the incident or recognize the individuals please call the Des Moines Police at (515)-283-4864 or the Polk County Crime Stoppers at (515)-223-1400.

Injury to Kaufmann on I-380 in Iowa from rollover

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8277 — Fri, 24 Apr 2009 08:00:00 EST

A collision on I-380 in Linn County, Iowa demonstrates negligence in the form of failing to maintain control of the driver’s vehicle. Iowa State Patrol investigated a crash that wrecked two vehicles on I-380. An Iowa City man and another from Cedar Rapids collided on the interstate.

The Iowa State Patrol reports 57-year-old Tony Hines of Cedar Rapids attempted to merge into a lane after passing 26-year-old Christopher Kaufmann of Iowa City.

The roll over caused Chris Kaufmann to rollover and led to him being injured. Des Monies has many accidents like this as does Iowa in general.

If Kaufmann can prove that Hine’s attempt to change lanes was done when it wasn’t clear then he has proven Hine was negligent. Because to change lanes when it’s not clear, unsafe, is to prove a negligent act. This accident was covered by KWWL.

Fiery crash near Grand Junction kills 22 year-old Robert Pierce

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8250 — Tue, 21 Apr 2009 08:00:00 EST

Even though a fiancé’ is not entitled to benefits under Iowa law a dependent child is entitled as is 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 claims. 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 are William Crookshank, 47, of Randolph, Minn. 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.

Why does a driver pull out in front of Petticord's motorcycle?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8251 — Tue, 21 Apr 2009 08:00:00 EST

That is the question that will need to be answered, and quickly, in the case of 20-year-old Adam Pettiecord and the motorcycle crash that took his life last Wednesday in the 200 block of Northwest 66th Avenue in Des Moines.

The Des Moines Register reports the following:

The Polk County Sheriff's Office identified the victim as Adam Pettiecord, 20. ...

Officials said he was westbound when he collided with an eastbound minivan.

"It appeared the minivan had just started to pull out from a stop sign when the accident occurred," said Senior Deputy Jana Rooker, spokeswoman for the Polk County sheriff's office.

Why did he pull out from the stop sign and in front of Pettiecord? That is the question to be answered.

What makes up a negligent act?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8166 — Thu, 16 Apr 2009 08:00:00 EST

A toddler-passenger in a car the mother was driving was killed as the car was t-boned by another vehicle. Now before you get upset with the other driver know the driver of the car in which the toddler was a passenger was its 19-year-old mother. This is a two-vehicle crash near Creston, Iowa. Obviously this is not a happy story, but one with a very sad ending.

But who else might have been negligent? Read Steve's story on The Verdict about this collision and how another case turned on one fact.

Driver Safety: Yielding as you enter the Interstate Highway system, Driver Parsons killed

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8137 — Tue, 14 Apr 2009 08:00:00 EST

Garrett Chitty, 17, tried entering I-35 southbound where little room existed, stuck another truck being driven by Lewis Thomas of Cleveland, Ohio. Thomas’ truck moved over to the east striking a utility truck driven by Gary Parsons, 51 or Deposit, N.Y. Unfortunately for Parsons his truck turned on its side onto the guardrail and he was killed.

Parson’s and Thomas are entitled under Iowa law to workers’ compensation benefits. If Thomas has dependents, a wife or children, they too will be entitled to receive benefits. The wife can receive lifetime workers’ compensation benefits or the children benefits so long as they are receiving an undergraduate education. Lombardi Law Firm handles these types of cases. The wife can get these benefits commuted to a lump sum.

In addition each are entitled to pursue a claim against the other driver, Chitty for improperly attempting to enter the highway.

UNIT 1 ENTERING SB 35 FROM WB 30 UNIT 2 WAS SB ON 35 OUTSIDE LANE UNIT 3 SB 35 INSIDE LANE UNIT 1 ENTERED SB 35 AND LEFT SIDE OF UNIT 1 STRUCK UNIT 2 THEN LEFT SIDE OF TRAILER STRUCK UNIT 3 UNIT 3 LEFT THE ROAD THROUGH THE GUARDRAIL AND ROLLED OVER COMING TO REST ON THE GUIDEWIRE ON WB HWY 30.

If we can assist you with a case such as this call Steve Lombardi, Lombardi Law Firm, 800-383-0331 or 515-222-1110.
Act now to protect your rights under Iowa's Workers' Compensation Laws and civil claim against the negligent driver.

Single vehicle rollover accident in Johnson County, Iowa.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8123 — Sun, 12 Apr 2009 08:00:00 EST

On March 14th 2009 Lisa Marie Adams (17), Joseph Daniel Widmer (18), and Brendt Michael Fetzer were headed Westbound on 340th and lost control entering the south ditch and rolled. Lisa Marie Adams died from the resulting injuries, while Joseph was taken by Aircare to the hospital. An investigation is ongoing. No indication if Adams was wearing a seatbelt.

More today on The Verdict.

Guest Opinion: What five things should you not do upon being stopped?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8127 — Sun, 12 Apr 2009 08:00:00 EST

What five things should you not do upon being stopped? Here is what you do when you find yourself arrested and charged with OWI and you are innocent.

First, stop talking. You will never win an argument with a police officer. You will never convince the officer to let you go. Prisons are full of innocent people that tried to talk themselves out of a charge. I realize you believe that you passed all the field sobriety “tests” but those tests are designed specifically for you to fail. They are not tests at all. Even if you had a 90% success rate, you failed. Even if you had a 98% success rate, you failed. So shut up. All you are doing is hurting your case and making it more likely that you will eventually be wrongfully convicted.

Second, assume that every phone call you make from the jail will be played at your trial. Don’t explain to your wife that you’d only had one beer. Don’t ask your dad to go pick up your car and tell him that all the beer in the car belonged to your friends. If you need legal advice, talk to a lawyer. Most of the time, talking to family and friends doesn’t help the case and they are not lawyers and do not understand the intricacies of the OWI law.

Third, immediately request to call and visit with a lawyer. A lawyer who understands the OWI law can help you through the important decisions you will need to make that night and in the days to come.

Fourth, don’t talk to other inmates about your case. Most of the time other inmates are only going to know just enough about the law to make themselves dangerous and you should not rely upon their advice. Also, the activities in the jail are always being monitored by law enforcement. Anything that you say could potentially be used against you.

Fifth, don’t ask for legal advice from the officer or jailer. They may be very friendly but it is their job to get a conviction and they will do so at all costs.

They are businessmen, and their business is arrest and conviction.

There is a video on The Verdict blawg.

Negligence can be attempting to pass at the cress of a hill.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8090 — Fri, 10 Apr 2009 08:00:00 EST

A head on collision Monday April 6th led to the death of Patricia Ann Davis and Howard Jay Davis. Patricia was heading Westbound on 270th when she collided head on with a vehicle driven by Jonathan Jay Chumbley at the crest of the hill.

This is why you don’t attempt to pass on a two-lane highway as you’re approaching the cress of a hill. Unless you have x-ray vision you can’t see what is coming in the opposite direction and at 50 to 60 mph there won’t be enough time to correct and avoid the oncoming vehicle.

Of course at this point until the ISP’s technical investigation is complete there is no guessing at who was trying to pass or what happened.

Head-on collision with semi truck after crossing the center line causes death of the driver

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8087 — Fri, 10 Apr 2009 08:00:00 EST

Head-on collision killed a 19-year-old man after his Honda Civic crossed the center line and crashed or collided with a semi-truck being driven by 45-year-old man. There is no indication of alcohol or weather being a factor.

Essex man taken to area hospital after head-on collision with his semi-truck, a 2000 Freightliner

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8088 — Tue, 07 Apr 2009 08:00:00 EST

On April 06th 2009 Vernon Major was headed Eastbound on Highway 34 when a vehicle driven by Amanda Standely crossed the centerline and collided head on with Mr. Majors semi in the Eastbound lane. Both vehicles came to rest in the North ditch and the investigation is still ongoing.

In this case the 1996 Chevrolet heading west on Highway 34 crossed over into oncoming traffic and hit a semi head-on in the eastbound lane. The semi was a 2000 Freightliner. The investigation is continuing.

FAYETTE COUN TY CRASH

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8076 — Tue, 07 Apr 2009 08:00:00 EST

Is the driver always liable when they lose control on dry pavement?

FAYETTE COUN TY CRASH

On April 5, 2009 Joey Sawyer, 24 (no relation to Tom) was driving a Monte Carlo south on Highway 18 around 8:30 pm. About two miles south of Postville for an unexplained reason the car he was driving goes off the road, rolls and comes to rest on it’s roof top. The passenger, Tkoel Iyechad, 24 is injured.

SUMMARY

VEHICLE WAS SOUTHBOUND ON HWY 18, LOST CONTROL, ENTERED EAST DITCH AND ROLLED OVER THE VEHICLE CAME TO REST ON ITS TOP

Sometime in the next few days I'll analyze this issue on our blog, The Verdict. Come back and read my analysis.

Iowa Workers' Compensation Benefits: Iowa lawyer points out that negligence doesn't apply to work comp claims

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8078 — Tue, 07 Apr 2009 08:00:00 EST

Matthew Buckner was driving his Northbound on 315th St. when he lost control of the van he was driving approximately 100 yards north of the Highway 34 intersection. He entered the East ditch and rolled several times before coming to rest on its side trapping Mr. Buckner inside. He was freed by mechanical extrication and was taken to Creighton Medical Center in Omaha, dying later that morning.

Even thought the driver died, if he were working at the time of the crash, his family (dependents) are entitled to workers’ compensation death benefits under Iowa’s Workers’ Compensation Act, Chapter 85.

Death Benefits (85.28, 85.31, 85.42, 85.43, 85.44)

Death benefits are payable to the dependents of the employee. Benefits are first payable to the surviving spouse for life or until remarriage. Dependent children are entitled to the benefits until they reach age 18, or age 25 if they are actually dependent. Others may qualify, if there is a showing of actual dependency. Upon remarriage, if there are no dependent children, the surviving spouse is entitled to a two-year lump sum settlement. Burial expenses not to exceed twelve times the statewide average weekly wage in effect at the time of death are paid in addition to the weekly death benefits.

Police chase in Cedar Rapids, Iowa ends with fatality.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7953 — Mon, 06 Apr 2009 08:00:00 EST

A police chase in Cedar Rapids, Iowa ended in the death of one unidentified person. Police would not identify the fatality. The chase is reported to have started with the involvement of a stolen car and ended with it crashing into a taxi cab.

Southeast Iowa man dies from accidental shooting during target practice

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8050 — Sun, 05 Apr 2009 08:00:00 EST

Several newspapers reported on an accidental shooting in Southeast Iowa in the town of Donnellson. Here is the situation. Two men were shooting targets with high-powered rifles. One was a 29 year old man, Levi Martinson. The other is James Easter, 31. These two men were shooting out from a second story window at Easter’s home. They were shooting with high-powered rifles at targets set by a pond. Martinson was holding his rifle by the barrel. The gun accidentally discharged shooting and killing him. The police investigated and concluded it was “an accident”. An autopsy was conducted and there is no mention of any ballistics tests being performed.

On Monday we will discuss civil versus criminal raminifactions when gun partners accidentally shoot the other. That issue is different than in this case, so read the Lombardi Law Firm blog post titled,

When police rule an accident is an “accident” does that preclude a civil suit?

Chelsea man crossses the center line and hits semi truck at the rear driver axle, pronounced dead

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7920 — Fri, 03 Apr 2009 08:00:00 EST

On March 16, 2009 Eric Graham was driving a Chrysler Sebring Eastbound on Highway 30 when he crossed the center line and struck a semi driven by Robert Nielson in the rear driver axle. Mr. Graham came to rest on the south shoulder and the semi driven Mr. Nielson came to rest in the North ditch. Mr. Graham was pronounced DOA and was wearing his seatbelt. The accident is currently under investigation.

The Times Republican also carried a short story.

Gay marriage ban is ruled to be unconstitutional

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8038 — Fri, 03 Apr 2009 08:00:00 EST

The Iowa Supreme Court in a stunning decision voted unamimously upholding gay's right to marry.

Des Moines Register, Unanimous ruling: Iowa marriage no longer limited to one man, one woman

• Read the summary: Iowa Supreme Court's decision on same-sex marriage.
• Read the full opinion: Iowa Supreme Court's decision on same-sex marriage.

You can vote whether you agree or disagree with this ruling by following the link.

A Symposium on the Third Restatement of Torts

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)8019 — Thu, 02 Apr 2009 08:00:00 EST

Here is a link you and some of the other judges might find useful. The Symposium on the Third Restatement of Torts at Wake Forest has links to the papers on the Third Restatement covering duty, neg. infliction of emo. distress, negligence, causation, foreseeability, intentional torts, strict liab., and land possessor liability.

Click on the links and you can get a heads up on the papers to be presented.

Papers to be Presented

Below you will find a list of the authors who will be presenting papers during the symposium. Click on the authors name to download the current revision of their paper. Revisions are published on an on-going basis, so please check back for updates.

Duty in the Third Restatement

Negligent Infliction of Emotional Distress

Negligence

Causation

Central Principles: Risk Creation and Foreseeability

Beyond Negligence: Intentional and Strict Liabilty Torts and An Integrated Third Restatement

Land Possessor Liability

Icy road causes driver to lose control injuring passenger and killing the driver.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7918 — Wed, 01 Apr 2009 08:00:00 EST

On February 25th 2009 Trey Henry was heading West bound on Highway 18 when he hit a patch of ice which caused him to go through the median and into the east bound lane. Both the driver Trey and the passenger Kassie were ejected, Trey Henry perished while Kassie Austin was taken to Mercy hospital to treat her injuries. Neither passenger was wearing their seatbelt.

Radio Iowa also covered this story.

IOWA STATE PATROL SUMMARY:

VEH 1 WAS WESTBOUNDON HWY 18, HIT A PATCH OF ICE, WENT THROUGH
THE MEDIAN, ROLLED INTO THE EASTBOUND LANE EJECTING TREY AND
KASSIE CAME TO REST ON THE RIGHT HAND SHOULDER, ASSISTED BY
FLOYD CO SHERIFF'S DEPT, NORA SPRINGS PD, IA DOT, MERCY AIR
LIFE, NORA SPRINGS FIRST RESPONDERS

Sharp curves at interstate speeds can be dangerous

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7973 — Tue, 31 Mar 2009 08:00:00 EST

Two people on their way to Texas were involved in a car accident at the I-35 South and I-235 West interchange. Bradley Sea, 21 was driving a pickup truck west on I235 and turned right to go around the turn which connects with I-35 South. He went off the shoulder and down the embankment.

His passenger, Cortnee Anderson, 20 was ejected from the truck. She was admitted but is in fair condition at Iowa Methodist Medical Center. The two were heading to Texas.

Pedestrian struck and killed along highway 52 is identified as Jeffrey Drahn of Des Moines

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7917 — Tue, 31 Mar 2009 08:00:00 EST

Jeffrey Drahn was walking on Highway 52 on March 15, 2009 when he was struck by an unidentified vehicle. He was found the following morning by an unidentified school bus driver. The location is highway 52 north of Calmar, Iowa. The man was walking northbound on highway 52 when he must have been struck by an unidentified vehicle. The Iowa State Patrol investigated.

Drahn was last seen walking along Highway 52 around 9:30 A.M. He wasn't found until 9:30 P.M. Sunday.

I-80 in Iowa kills 13 year old Illinois teen

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7954 — Mon, 30 Mar 2009 08:00:00 EST

A 13 year old involved in an I-80 accident in eastern Iowa died following the SUV rolling after going in the ditch. The teenager was from Illinois. The driver, Deborah Newsome is 45 years of age. Another passenger, Deborah Newsome was hospitalized at the University of Iowa Hospitals and Clinics in Iowa City. The 13-year old was Benjamin Newsome of Palos Heights.

SUV’s have such a high center of gravity (otherwise known as CG) they easily roll over. The size and power is so great that most drivers don’t appreciate how easily an SUV rolls until it’s too late.

Even a Porsche can roll over. Sit in the driver’s seat as this Porsche rolls.

Fiery crash takes the life of Grade after head-on collision

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7915 — Mon, 30 Mar 2009 08:00:00 EST

On March 2^nd 2009 Stephen Workman was heading was traveling Westbound on Highway 34 when a vehicle driven by Glenn Grade heading Eastbound on Highway 34 crossed the center line into the path of Mr. Workman. While Mr. Workman tried to swerve in an attempt to avoid a collision with Mr. Grade he was unable to do so which resulted in a head on collision. The collision caused Mr. Grade’s Ford F150 to catch fire; Mr. Workman and a witness were able to pull Mr. Grade from the vehicle completely burned however Mr. Grade was pronounced dead at the scene.

Rollover accident takes the life of a West Liberty 20 year old woman

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7919 — Fri, 27 Mar 2009 08:00:00 EST

On March 4th 2009 Casey Borkhart was heading Eastbound on 300th St. when he lost control and rolled into the South ditch. Casey was not wearing his seatbelt and was ejected resulting in his death.

This story is covered by USA Today and The West Liberty Index

Fatal accident on I-380 takes the life of semi-truck driver Ideker

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7911 — Fri, 27 Mar 2009 08:00:00 EST

Robert Ideker’s semi was heading Northbound on I-380 when he entered the East ditch and continued North in the ditch running over 2 posts before striking a cement culvert and finally striking the bridge support of the Forevergreen overpass ultimately leading to his death. The cause of the crash is currently still under investigation.

Political Malpractice, A novel idea

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7811 — Fri, 27 Mar 2009 08:00:00 EST

Train and trucker collide in NW Iowa

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7810 — Thu, 26 Mar 2009 08:00:00 EST

Incredibly enough here is a YouTube railroad crossing film that shows people will ignore trains at crossings. I don't agree with the title but it's not mine to retitle.

An 8-year old from Altoona run over and killed while crossing the street

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7893 — Thu, 26 Mar 2009 08:00:00 EST

With so much to look for its surprising more pedestrians aren't killed. Pedestrians treat the streets like they were in a movie. Be careful out there. Megan Roth wrote a pretty good article about traffic and how frustrating they can be. I've written about the weather conditions. It seems in this case the downpour is a factor to consider.

Green Tobacco Sickness

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7887 — Wed, 25 Mar 2009 08:00:00 EST

To learn more about green tobacco sickness you can visit the National Ag Safety Database and read "Learning about Green Tobacco Sickness: Juan's Experience. The Lombardi Law Firm blog will carry a longer article tomorrow. Read The Verdict for additional information.

Maintenance workers and use of a safety harness

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7809 — Wed, 25 Mar 2009 08:00:00 EST

Construction Safety - Fall Protection: Developing an Effective Fall Protection Plan

According to the Occupational Safety and Health Administration, one-third of fatalities in the construction industry are caused by falling from elevation. The implementation of a fall protection plan could help decrease the number of deaths from falls by a significant amount.

Under OSHA guidelines, a fall protection plan is required when there is leading edge work being performed 6 ft. above the ground and conventional fall protection equipment (such as personal fall arrest systems, guardrails, and safety nets) create a greater hazard or are impractical. The fall protection plan is to be prepared by a “competent person” specifically for the site, and must contain reasons why conventional fall protection systems are infeasible or more hazardous.

A fall protection plain contains a number of sections. First, a fall protection plan should contain a statement of company policy which discusses the responsibilities employers and the purpose of the fall protection plan. The statement of company policy should also discuss the areas and activities of the project where non-conventional means of fall protection are necessary. The areas where a fall protection plan applies are known as “controlled access zones,” and only trained and experienced employees should be authorized to enter.

Following the statement of company policy should be a section outlining the fall protection systems which will be used on the project. There are a number of fall protection systems available, such as: positioning device systems, warning line systems, and safety monitoring systems.

Next, the fall protection plan should contain a section outlining the reasons why conventional fall protection systems were hazardous and/or impracticable. This section should discuss the individual fall protection systems that were initially considered and discuss in detail the reasons why each system was hazardous or impracticable.

Finally, the fall protection plan should state who is responsible for implementation and enforcement of the protection plan, how changes to the plan will be made, and what happens if an accident occurs. Changes to the protection plan will be approved by the person who authored the construction plan, and all employees should be trained on any new procedures. If an accident should occur, an investigation should occur and the plan reviewed to determine if changes need to be made to prevent other accidents from occurring.

The credit crisis demonstrated in a simple to understand visualization

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7814 — Tue, 24 Mar 2009 08:00:00 EST

Thisi s how Wall Street bet the bank along with your retirement money.

Orthopedic surgeons report out on errors including wrong-site, wrong-procedure and wrong-patient.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7799 — Fri, 20 Mar 2009 08:00:00 EST

Today we will cover this study on The Verdict. Come join us and review the results.

A tazer to the head can cause seizures.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7787 — Thu, 19 Mar 2009 08:00:00 EST

After being hit, the officer lost consciousness and went into a seizure, foaming at the mouth with his limbs flailing for about a minute.

The officer had no history of head injuries, seizures or neurological conditions, and had a normal developmental history.

Approximately 18 months after being struck by the Taser in the head, researchers indicated that he continued to experience headaches and have trouble concentrating, with neurological exams indicating that he had a mild traumatic brain injury.

New York City woman shot with an arrow

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7766 — Wed, 18 Mar 2009 08:00:00 EST

A New York City woman stepped out of a car and was shot in the stomach with an arrow. The arrow is a Black Hawk 4000 ACA used in target practice. It can travel more than 1,000 feet and is 30.5 inches long with a black shaft.

Other injuries caused by arrows include ”the case of a 47-year-old man with a nonfatal head injury due to a crossbow broadhead hunting arrow penetrating the left frontal lobe. The injury was accidentally self-inflicted by the intoxicated patient.”

A family’s pet dog was shot in the chest and later died; by someone that scaled a six-foot high fence to shoot him.

Another family pet, this time a cat was shot in the head but survived.

Teenager gets jail time for one-vehicle accident with OWI.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7760 — Tue, 17 Mar 2009 08:00:00 EST

Drinking, driving and crashing is sending an 18 year-old teenager to jail for six months. The teenager was driving while the she had a little to drink, BAC was only 0.73 two hours after the accident. A 26-year-old male passenger was injured in this one-vehicle rollover accident. Ashley N.S. Clark was charged with was charged with felony serious injury by vehicle and misdemeanor operating a vehicle while under the influence. The passenger is alleged to have suffered a head injury and spinal injury resulting in a partial paralysis. The passenger’s identity is not reported.

This brings us right back to the subject of negligence. I’ve discussed this on several posts. You don’t blame the beer or alcohol, or the snow and ice or any other condition. You blame the driver for being at fault.

What do lawyers mean when they talk about negligence?

Highway Safety: Negligence has no conscience.

Gravel Road Dust Makes Crash with Vehicle to the Rear Foreseeable

Mother Nature sues news sources, for once again libeling Old Man Winter!

Slippery snow conditions blamed for crash and sued for road closing!

Bus accident that kills man is settled for $1.5 million

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7727 — Sat, 14 Mar 2009 08:00:00 EST

A bus accident recently settled for $1.5 million for the wrongful death of a 21-year-old man. The bus crossed the center line striking Michael Dahlquist head-on and killing him. The bus driver crossed the center line to avoid striking the rear of the car in front of the bus. The bus owner was a County in the state of Washington. The owner of the bus and apparently the employer of the bus driver was officially King County Metro.

Here is an example of the wrecked cars and what a head on crash can do.

Here is an actual crash caught on tape. The Trooper appears to get struck.

Crane collapse that killed 7 was caused by misue of sling

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7725 — Fri, 13 Mar 2009 08:00:00 EST

The March 2008 East Side tower crane collapse that killed seven people was caused by a misuse of the sling and other errors of rigging, by the City of New York’s Buildings Commissioner. The City report has 41 recommendations. The building permit remains revoked. This construction project is to build a 43-story apartment tower. The collapse damaged several surrounding buildings along with killing the 7 people. Follow the link to read the entire story.

A small truck struck and killed a man in a wheel chair

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7717 — Thu, 12 Mar 2009 08:00:00 EST

Iowa's injured worker choice of doctor bill is about fairness

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7716 — Thu, 12 Mar 2009 08:00:00 EST

Iowa’s Governor Chet Culver is in favor of the bill before the legislature that would allow injured workers the right to choose their own treating physician. He calls it a “fundamental fairness issue.” Workers’ compensation laws in Iowa allow the employer to choose the injured workers treating physicians. For years the argument has been made they pay and they get to choose the doctor. But the system is out of balance with doctor’s feeling beholden to the employers that regularly send them injured workers for patients. The patient is caught in the middle between case managers, whom I refer to as case mis-managers, the employer’s HR representative and the employer all wanting the employees back to work before they have healed and are ready. Doctor restrictions are often ignored and the employee is pressured to work at a level beyond their limitations or the doctor is pressured by the employee to lift the restrictions so the employee doesn’t get fired.

The passed out of committee on a 10 to 6 vote. The Democrats have a 56-44 margin in control of the house. But this isn’t really a party line issue. Rural Democratic House members with large manufacturers in their counties most likely fear reprisals during the next election and will not vote along party lines on this measure. House Republicans may also view this measure as more than just one for party lines. Fundamental fairness along with family values is something Republican’s preach. With the drubbing Republican’s took in the last election they may feel the need to reevaluate how workers currently view their treatment of the working class. Under Bush I and II clearly the Republicans faired better with working America. Not so at this time.

“The panel backed the bill on a 10-6 vote after a public hearing on the proposal.

Republicans vowed to put up a fight in the full House, where the bill's fate is uncertain.

Democrats control the House by a 56-44 margin, but there have been signs this year that important labor-backed bills face a tough fight.

A bill that would require contractors to pay the prevailing wage on public projects fell a single vote short in the House earlier in the session.”

Iowa's injured workers nearer to being able to choose their own doctor

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7697 — Tue, 10 Mar 2009 08:00:00 EST

Here is how Mike Gover of the AP reports it:

"DES MOINES, Iowa - A House panel has approved a measure that would give Iowa workers greater rights in choosing a doctor when they're injured on the job.

A subcommittee of the House Labor Committee approved the bill along party lines on Monday, with Democrats supportive and Republicans opposed. It was the latest in a series of labor-backed bills being pushed by Democrats who hold majorities in the House and Senate. "

The Republicans who oppose it say are publicly stating that most workers will act like Rush Limbaugh did and shop for doctors who will give them pills to excess. That argument is ridiculous. If it were generally true that people who get to choose their own doctors end up prescription drug addicts we'd all be addicted. Choice of physicians under most if not all health insurance policies has been a cornerstone of this country's medical insured industry. To claim now most people can't be trusted to not doctor shop is disingenuous. Iowans are good solid workers with a history of acting rationally and in a way to save money. There is no evidence to the contrary. To assume the worst is a fabrication of the worst kind.

This is why the Republican's lost the last election. They assume the worst when workers are concerned. There are many laborers who claim to be Republican or at least to have Republican values. Workers pay taxes just as managment does. Workers understand and fully appreciate the competition wer have with China over jobs. To assume all workers are either stupid or dishonest is sterotyping of the worst kind.

What caused Hayes, Haecker and Thompson to crash?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7619 — Thu, 05 Mar 2009 08:00:00 EST

Thomas Hayes Jr, 20, of Ames, Jesse Haecker, 32, of Elkhart, and Eric Thompson, 26, of Huxley, were all taken to the hospital after an early morning crash at the Elkhart Exit on I-35. The Polk County Sheriff’s description as reported by KCCI is sketchy at best. No further details are available.

Food Safety: New food contamination accusations against Wyeth found to be false

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7561 — Wed, 04 Mar 2009 08:00:00 EST

Wyeth’s baby formula made in or imported into China has been determined by consistent and independent testing to be safe from melamine.

“China's quality watchdog tested every batch of milk powder produced and imported by Wyeth since Sept. 14 and found no problems, the official Xinhua News Agency reported.

The tests came after a group of about 20 families said their children developed kidney stones after drinking Wyeth milk, which had been deemed safe in the height of the crisis late last year.

Madison, N.J.-based Wyeth has dismissed claims that its products are unsafe. It said its formula has been repeatedly tested and found safe by an independent lab as well as by the governments of China and five other countries in the region.”

CHICAGO: Construction worker falls into hole

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7579 — Mon, 02 Mar 2009 08:00:00 EST

A construction worker fell into a work-site hole outside of Rush University Medical Center in Chicago. The 40-year old worker fell 8 to 10 feet and if you don’t think that is serious consider that he is in serious-to-critical condition and admitted to Stroger Hospital.

Pedestrian Accidents

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7559 — Sat, 28 Feb 2009 08:00:00 EST

Without stating any conclusion as the cause a pedestrian in Naperville, Illinois was killed by a Chicago-bound train. The crash occurred around 12:30 p.m. near the downtown Naperville station.

Iowa, Minnesota and Nebraska students suffer food poisoning illness

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7560 — Sat, 28 Feb 2009 08:00:00 EST

Eighty show choir students from Iowa, Nebraska and Minnesota competing in Nebraska suffered food poisoning from what appears to be one of the vendors.

Wrong-way on I-80.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7486 — Wed, 25 Feb 2009 08:00:00 EST

Another OWI, driving drunk charge while heading the wrong-way without headlights on and slamming into an oncoming car. Can it get any worse?

This 19-year old was treated for head and chest injuries on I-80 in Salt Lake. The other driver suffered a broken leg and cuts on his arm.

Two people dead from head-on crash south of Dubuque, Iowa.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7460 — Mon, 23 Feb 2009 08:00:00 EST

PCA and peanut manufacturing criminal charges video probe

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7455 — Sun, 22 Feb 2009 08:00:00 EST

PCA Criminal Trial

Salmonella contaminated peanut butter leads to criminal investigation.

Two killed south of Dubuque on U.S. 52 near Dubuque.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7456 — Sun, 22 Feb 2009 08:00:00 EST

Two people killed in head-on collision on U.S. 52 south of Dubuque. The southbound vehicle crossed the centerline striking the northbound vehicle head-on. More information will be added this week after reviewing the State Highway Patrol report. At this point not even a preliminary crash report is available.

Amputated leg results in personal injury award of $3,594,943.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7435 — Thu, 19 Feb 2009 08:00:00 EST

In the report of this case it’s pointed out the operator or engineer running a subway train has a duty to slow and stop when something is on the tracks. If the engineer sees the object but fails to stop, the subway operator/owner can be liable; even if the object is an intoxicated man sleeping it off.

"A subway train operator is obligated to stop a subway train before it strikes a large object on the tracks, even if it is not known that the object is actually an intoxicated person. The jury held the Transit Authority liable for not stopping the train when the operator had sufficient time to do so," said Andrew J. Smiley, Esq.

In Iowa we don’t have subway trains; so personal injury or death claims may be have a different verdict or result.

Texas verdict will be reduced due to caps on the suffering of the poor

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7426 — Wed, 18 Feb 2009 08:00:00 EST

In today’s case David Fitzgerald, 53 and a former maintenance worker will live life without arms, legs, hands, fingers, feet or toes and at 53 his life expectance of more than 20 years will provide him with $ per day for what he suffers with minute by minute, day by day, week by week, month by month, year by year and decade by decade; until that one final minute ticks off his clock and he’s finally dead and gone. Dallas-Star Telegram.

Two Iowa fires kill several including a toddler.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7391 — Tue, 17 Feb 2009 08:00:00 EST

A 25-year old woman died in a house fire in Hampton, Iowa.

The woman and a toddler were killed on February 16, 2009, in Hampton. Mackenzie Blandau and a toddler of 22-momths, Luis Garcia died in the blaze, which destroyed a four-unit apartment in Hampton. By Iowa law certain apartment residences must have working smoke detectors. The building is owned by Mauricio Sosa.

In another house fire a woman from Davenport, Iowa was discovered. Its unclear how she died or what killed her. Her identity hadn’t yet been identified.

The Red Cross will assist those displaced by the fires. To date 18 people in Iowa have died from fires.

And in Des Moines police report a suspicious fire that left one person with extensive burns.

And in Craig the Craig Tap burned after an extension chord overheated and caused by a space heater requiring a heavy electrical load. The Ireton Fire Department responded to the blaze.

The weekend storm resulted in car accidents and some fatalities

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7415 — Tue, 17 Feb 2009 08:00:00 EST

So what happened in this case? It’s a two-car accident on U.S. Highway 34 in Monroe County that occurred on February 13, 2009 around 4:47 PM. Two cars traveling in opposite directions collide. The first vehicle is being driven by one Delaney Palen, an 18-year old woman traveling in the westbound lane. She’s driving a 2006 Chevrolet Cobalt. Delaney is from Ottumwa. The second car is a 2005 Hyundai Tucson being driven by Melissa Thompson, a 33-year old woman from Fort Leavenworth, Kansas. She’s driving east on this same stretch of highway. For those of not familiar with this roadway it’s a two-lane undivided U.S. highway.

You can read more about it on the blog, The Verdict.

Driver's Safety: driving in a snow storm or after it requires readjusting how you drive.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7384 — Mon, 16 Feb 2009 08:00:00 EST

A 60 year-old man was killed on Saturday when a pickup driven by Bobby Glass is reported to have crossed the center line striking him head on. Glass did not die. The driver who died was John. Kernan of Le Claire, Iowa.

The accident took place on Highway 67 in Scott County in Iowa.

In Iowa every driver has certain duties which when breached makes them liable to those they injure. I wasn’t in Iowa on Saturday, but it snowed. This is Iowa and we expect it to snow. When it snows we have to slow down and drive more carefully. These are the duties or lookout, driving with due care and at a speed fit for the road conditions. Were they breached? It’s hard to say with just looking at these facts as reported by The Gazette.

Legal malpractice case settled $150 Million claim

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7367 — Sun, 15 Feb 2009 08:00:00 EST

The law firm of Irell & Manella was sued in April 2007 for “critical errors” in the legal work involved with a 1999 cable TV acquisition by Charter Communications. The suite was filed in California. The WSJ reports Irell was paid $55 million in fees. Charter is from St. Louis.

You can read the pleadings at this site.

Wrong-way driver on I-380 in Linn County causes crash

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7368 — Sat, 14 Feb 2009 08:00:00 EST

A Buick Station Wagon being driven by Theodore Springman and a Dodge Dynasty driven by Rodney Fisher were involved in a head-on crash on I-380 in the northbound lanes of traffic. Springman was driving south in the northbound lanes of travel. The collision occurred around 1:00 P.M. yesterday, Friday, February 13, 2009. Both men were taken to Cedar Rapids' St. Luke's Hospital.

You can read more about this in today's blog post.

2008 traffic deaths down considerably

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7372 — Sat, 14 Feb 2009 08:00:00 EST

2008 Traffic Deaths Hit Record Low

Itasca, Ill. - The National Safety Council announced that motor vehicle deaths in 2008 achieved the lowest rate since the NSC began publishing its annual Injury Facts statistical report in the 1920s. The estimated annual death rate from motor vehicle-related crashes in 2008 was 13 deaths per 100,000 people, a 9 percent decrease from 2007. Factors include safer vehicles, public education and law enforcement.

So why aren't our insurance premiums for auto insurance falling?

New salmonella food poison test developed at ISU

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7374 — Sat, 14 Feb 2009 08:00:00 EST

A new Salmonella detection test developed at Iowa State University can shorten the time to detect salmonella. Using a tape like paper to pull bacteria from the food source, then a soapy, salty water mixture is applied to the tape and in two hours an ultraviolet light source will cause the salmonella will give off a green-fluorescent glow.

It’s inexpensive, quick and easy to perform.

Researcher Byron Brehm-Stecher and Bleda Bisha developed the test through the college of Food Science and Nutrition. For more information contact contact Byron Brehm-Stecher, Food Science and Human Nutrition, (515) 294-6469, byron@iastate.edu or Dan Kuester, News Service, (515) 294-0704, kuester@iastate.edu.

Brehm-Stecher's and Bisha's findings will be published in the journal Applied and Environmental Microbiology, published by the American Society of Microbiology.

Crane in Boston falls killing a worker

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7305 — Mon, 09 Feb 2009 08:00:00 EST

The 110-foot arm of a crane being used to inspect a Suffolk University dormitory building came crashing down onto a building downtown Boston. One worker was killed and another seriously injured.

Read the full story in the Boston Globe.

Wrong-site surgeries being studied in Minneapolis, Minnesota

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7306 — Mon, 09 Feb 2009 08:00:00 EST

It's time out in surgery, as hospitals watch doctors by Minneapolis Star Tribune writer Marua Lerner –

This article discusses the use of a “Time-out Towel”.

We aren’t changing the oil in a car, its surgery; we are operating on a human body. So why do wrong-site surgeries persist? With all the attention devoted to wrong-patient or wrong-procedure surgeries why are they continuing to occur? What is going on in the operating room that allows the patient to be put at risk?

“Since 2003, 150 surgical mix-ups have been reported throughout Minnesota, including 97 operations on the wrong body part and nine on the wrong patient, according to a recent report from the state health department. Although rare, these headline-grabbing episodes are just a slice of a broader problem of hospital medical errors that affect thousands of patients nationally every year.

So hospital officials are experimenting with new ways to prevent mistakes. One of them is as simple as a cloth.”

The writer discusses the problem of wrong-site, wrong-patient and wrong-procedure; and why, in most instances, the time-out doesn’t work. The hospital studied surgeries and why this surgical safety procedure didn’t work. It’s a good article and Iowa’s hospital officials would be smart to follow suit and study surgical teams and how they are performing or not performing the time-out procedure.

As unemployment increases so will the number of uninsured drivers you meet on the road.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7297 — Sat, 07 Feb 2009 08:00:00 EST

The biggest road hazard you may face this and next year are uninsured motorists. If you didn’t have enough to worry about with double bottomed semi-truck trailers, pieces of retread tires and idiot drivers’ texting on their cell phones, now you have to worry about the uninsured adding more financial ruin to your already overtaxed financial planning.

There is a direct correlation between the rate of unemployment and the rate of uninsured motorists. The IRC estimates that as the unemployment rate creeps up so does the uninsured drivers. In fact they say for every 1 percent increase in unemployment nationwide, the percentage of uninsured motorists’ increases three-quarters of a percentage point. So in 2007 the rate was 13.8 percent and it’s estimated that by next year the rate will be 16.1 percent.

We've covered this subject more extensively on The Verdict. Check out the blawg article.

Proving food poison, what you will need to prove your case.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7298 — Sat, 07 Feb 2009 08:00:00 EST

The symptoms of food poisoning have been covered in other posts. If you’re in need of knowing the symptoms look at the InjuryBoard National News Desk, Food Poisoning, why me? By Megan Roth, E. Coli from Michigan, Food Poisoning: Get over it (Literally) again by Megan Roth and Jalapeño Peppers Suspected in Salmonella Poisoning Outbreak by Chrissie Cole and the IB National News Desk. There are others just conduct a search on the InjuryBoard main page.

If you have the symptoms of food poisoning you first need to obtain proper medical care. The doctor will need to diagnose food poisoning by a blood and stool test. Those tests are very important later to proving a case. Without blood and stool test that show the presence of Salmonella it is only your testimony describing symptoms; and that won’t be enough to carry the case of liability.

You can read more on The Verdict, the Lombardi Law Firm Blawg.

Food Safety: What tests prove I have salmonella poisoning?

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7300 — Sat, 07 Feb 2009 08:00:00 EST

Check out the Lombardi Law Firm web blawg that expands this Lombardi Law Firm White Paper.

Crane operator's apprentice killed in disassembling process

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7265 — Wed, 04 Feb 2009 08:00:00 EST

A crane operator’s apprentice was killed in Maryland Heights as he was assisting the operator disassembling the crane. With his harness hooked into the crane’s cable he was pulled into the crane. The young man, Steve Michael Lillicrap was only 21 years-of-age. He was from St. Louis County. The work site was the Edward Jones north campus at Building B-1.

You can read more about the hazards of working around cranes by following the links in the Lombardi Law Firm blawg post from today, Construction Site Safety - Crane operator from St. Louis County dies during disassembly. Welcome to our website that we try to make an interesting source of information for contstruction workers trying to avoid injury and death on the job site. Call us if you have legal questions or if you have safety questions. We are willing to assist you in finding answers to your questions and regularly blawb about safety questions that readers bring to our attention. Good luck on the job and be safe.

Carbon monoxide poisoning of five Fort Dodge children at the local Travel Inn.

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7241 — Tue, 03 Feb 2009 08:00:00 EST

Fort Dodge, Iowa at the Travel Inn pool five children were playing in the pool when they experienced carbon monoxide poisoning. The Assistant Fort Dodge Fire Captain reported the levels of carbon monoxide were 14 times higher than normal. A faulty furnace is to be blame.

What one has to wonder is when the furnace had its last maintenance check up. It’s important to keep furnaces clean or carbon monoxide can come into the building.

How does carbon monoxide gas kill a person?

See a more detailed discussion on our blog.

Food Safety: New food contamination test for melamiine

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7195 — Fri, 30 Jan 2009 08:00:00 EST

The chemists at ETH Zurich (Renato Zenobi, Huanwen Chen, and colleagues) have developed a new mass spectrometric analysis method with which polluted milk can be detected reliably within 30 seconds.

See Chemical Communications by R. Graham Cooks from Purdue University for another method of testing.

See today's blog for more information about this test.

New York firm and lawyer accused of misappropriating client funds

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7179 — Thu, 29 Jan 2009 08:00:00 EST

According to Reuters a New York lawyer and the law firm was charged with money laundering, grand larceny and scheming to defraud 23 incapacitated clients for converting client funds to his own use. The allegations are that $4 million was taken from a fund for children with cerebral palsy and used for personal use.

But prosecutors allege Rondos spent the money on mortgage payments for his New Jersey home and on "extensive home renovations, including landscaping, kitchen renovations, and a home theater."

In Iowa client funds are held in a trust fund, kept separate from the lawyer’s funds and subject to audit by the Iowa Bar Association. If misappropriated the Iowa lawyers have set aside funds to reimburse and to protect the clients. In Iowa we clean our own house.

Medical Malpractice: Nevada legislators employ the wisdom of Salomon

SDLombardi@aol.com; sd_lombardi@hotmail.com (News Author)7180 — Thu, 29 Jan 2009 08:00:00 EST

Failure to diagnose cancer leads jury to award $2.5 million in medical malpractice case. The 27 year-old woman died from colon and rectal cancer. The plaintiff’s case alleged the diagnosis of hemorrhoids was wrong; the woman had colon and rectal cancer.

The State of Nevada has capped malpractice awards for pain and suffering at $350,000.00 per person. I find it interesting that the Nevada legislators have that kind of Almighty insight into the future of every case. They must be special people.