The Verdict by Lombardi Law Firm

Do you need legal help with your brain injury case?

sdlombardi@aol.com (Blog Author)74549 — Sun, 05 Feb 2012 08:00:00 EST

Tama-Toledo, Iowa - Report states a construction worker in Tama County, working on a ladder at Benda Ag Services north of Vining fell from the ladder, struck some rebar, then suffered a head injury and had to be flown to Iowa City for treatment. Head injuries that result in traumatic brain injury can make a worker permanently totally disabled, rending them unemployable. Spouses and dependent children are entitled to receive benefits in some instances. Workers with lifetime brain damage can receive medical benefits for life.

Workers’ compensation injuries are complicated claims. Those on a construction site sometimes allow for claims against other subcontractors or the general contractor depending on safety issues. We encourage out potential clients to get in touch with us immediately so an investigation can be conducted before anyone destroys evidence or changes the accident scene.

The Times-Republican reports the injured worker is Trevor Abernathy working for an independent contractor, Wiebke Construction. They are erecting a building.

Resources:

The Iowa Edict on Workers’ Compensation in Iowa – Lawyer’s blog
The Verdict has a section on workers’ compensation claims on the Lombardi Law Firm site is for clients and potential clients. – Lawyer’s blog.
The Iowa Industrial Commission, State Government site
The Iowa Industrial Commission, Frequently Asked Questions
Traumatic Brain Injury defined – Brain Injury 101
Complications of Traumatic Brain Injury
Support for those suffering from Traumatic Brain Injury
Brain Injury Association of Iowa – Call 1-800-444-6443 or info@biaia.org
Iowa Plan for Brain Injury
Resources, Advocacy and Funding for People with Traumatic Brain Injury

Lottery - Should I take a lump sum or the 20 years of payments?

sdlombardi@aol.com (Blog Author)73647 — Mon, 23 Jan 2012 08:00:00 EST

Making a choice between a lump sum and a stream of annuity payments is often times an exercise in trying to understand human nature. If someone has access to an entire sum of money they will find a way to spend it. An annuity being a stream of income payments can be better if you’re disciplined and don’t get too crazy with spending the money before it comes in. What I tell people is to hire professionals but to learn to recognize they too can be a problem. If you win be a part of a team that manages your wealth for the future, not just the present. You want it to last a long time into the future to change your life and not to just make you a flash in the pan. I recommend you do nothing initially, except to decide how to take the money. If you take a lump sum know that you will have to manage the money. If you’ve never managed a lot of money just know it’s not always fun, especially when it goes down in value and it will at certain periods of time. After all you do have invest the money you’ve taken and that will require decisions to be made on a daily basis about stocks, bonds, real estate and cash. It will require buying, selling and more mundane tasks that require your attention. Your job, yes you will still have one, is to manage your assets – and that takes plenty of time. You will need to learn about money management and investing, which in turn will lead to more learning. You can skip all of this if you don’t care about saving your winnings and turning it into something bigger.

Even taking the simple annuity payments won’t save you completely from this lifetime of learning. You’d be surprised how quickly you begin to accumulate excess cash. First you’ll buy everything you need, then you will buy just to reduce the burden of feeling bad that you have a lot of money compared to those around you, your old friends, and then you will spend to avoid the burdens that having money creates.

Anyway here is the calculator that takes a stream of income and tells you, using a rate of return, an interest rate, how much the stream of income is worth in one-lump-sum. It’s referred to as a capitalization rate. You will need to assume an interest rate or investment rate you can make if you invest the money. Anything over 6% is a dream. If you doubt it just try to earn more in the market. The formula is IRV or the annual income you expect divided by the interest rate or investment return will give you the lump sum you can expect to receive.

Delaware County Crash Analysis from Accident on January 1, 2012

sdlombardi@aol.com (Blog Author)73125 — Sun, 15 Jan 2012 08:00:00 EST

Delaware County Crash Analysis from Accident on January 1, 2012

I originally reported about this collision on the Lombardi Law Firm website using only the ISP report. Now we have several news reports published providing additional information and I’ve added links at the bottom of this article. This is an odd accident; because the cause seems extremely odd. Why was the semi truck over the center line? Was it distracted driving? There are many causes of distracted driving including cell phones, texting, computer terminals and even Blue Tooth’s don’t help, although everyone believes they do. The University of Utah has studied cell phone use while driving and concluded it’s as bad as driving while drunk. Follow this link to see the search results. Of course I have no way of knowing what the reason was in this case, because the ISP report is so vague on that point, but that will be the main focus of any lawsuit.

UNIT ONE WAS TRAVELING EAST BOUND ON HWY 20 WHEN IT ENCOUNTERED UNIT TWO THAT WAS TRAVELING WEST BOUND IN THE EAST BOUND LANE. THE VEHICLES COLLIDED IN THE INSIDE LANE OF EAST BOUND HWY 20... This is a case that if the blood work comes back clean from the second car, driven by Daniel Nurre of Dyersville, Iowa then his estate should have no problem claiming fair compensation. I’m assuming the trucking company; Flying J Transportation out of Logan, Utah has high limits of insurance. I’ll cover this accident in a separate blog. The driver of the truck needs to explain why he was travelling in the east bound lanes while driving westerly. There is little left to do aside from interview the witnesses, photograph the truck and the Dodge and then deposing the driver. I’ll cover all of this in the other blog. Just follow this link to see the report. I’ll link up the blog after I write it; this one gets published before that one so it’s an administrative thing.

Link, link, link to the original ISP report, can also see the ISP report by following this link. Link to the obituary. KDST report, Waterloo-Cedar Falls Courier article, KWWL update, KOEL AM 950 updated article and KCRG, Channel 9 News article.

Today's Iowa Highway Truck Accidents – January 9, 2012

sdlombardi@aol.com (Blog Author)72729 — Mon, 09 Jan 2012 08:00:00 EST

A Mason City accident showed us why even when you have a green light you still have to yield to oncoming traffic that is going straight through the intersection. This accident is one more school bus accident although it appears from the news reports the bus was just sitting there not moving.
You can ruin your claim by saying too much and talking about things you know nothing about. That’s usually the situation when someone says they are in the right but says too much too fast and without thinking; while ending up on the losing end. So if you have a claim see a lawyer that knows this business.
Three Semis Collide, Close Interstate in Iowa
KEYC TV
More>> Snowy, slick roads are being blamed for a big crash on an Iowa highway ... The second semi driver tried to move over but got hit by another truck. ...
Seeking more crash insight
Fleet Owner
Two of these new joint projects focus on crash modeling research, including the creation of a detailed computer model of the National Highway Traffic Safety ...
Vineland Police
Vineland Daily Journal
A Vineland resident reported Thursday a black pickup truck fled after it ran a ... following a crash Tuesday on West Wheat Road near North Delsea Drive. ...
Two injured in Mason City crash
Mason City Globe Gazette
Autumn Servantez, 16, Mason City was eastbound on Highway 122 preparing to turn north onto South Illinois Avenue when she failed to yield and collided with ...

Drivers who flee scene of accident may have something to hide or may just be scared

sdlombardi@aol.com (Blog Author)72701 — Sun, 08 Jan 2012 08:00:00 EST

Here is an article that reports a man fleeing the scene of a car and truck accident in which one person died. Years ago I represented the estate of a woman that died from drowning after the car she was in overturned in a ditch filled with water. The driver ran from the scene and was later found at his home, where he denied being the driver. He reported that he’d been home drinking and showed up at the door with a beer can. His blood alcohol level was more than likely over the legal limit. Months later he admitted to being the driver, but the prosecution was unable to prove he was intoxicated at the time of the accident so he escaped a DUI and vehicular homicide. In any case in which the driver flees and this is the second one in the past several months, the question is always raised as to what motivated them to run from the scene where assistance is needed by those that are injured. Of course I’ve always wondered how they deal with that issue later in life. Does it bother them that a person who died may have needed their help and had they stayed it may have saved the person’s life. I wouldn’t want to live with that guilt. Who knows maybe they don’t’ care because of a defect in their moral upbringing or character development.

Today lawyers have a growing book of cases where cell phones and alcohol play a part in causing the accidents. A bad economy is one reason, but others include irresponsibility and the lack of character development. Young people panic and run for fear of ruining their lives, but frankly the deed has already been done and there is no going back or getting a do-over.

Officials say Wisconsin resident died in northeast Iowa collision; 1 driver flees scene

SAGEVILLE, Iowa — Authorities say they have arrested the driver of a pickup truck that fled after a deadly crash near Sageville in northeast Iowa.

The Dubuque County sheriff's office says 41-year-old Earl Hiland III, of Dubuque, was arrested Wednesday. He is being held on $11,000 bond.

Hiland is charged with leaving the scene of a fatality accident, failure to provide information and aid-leaving the scene of a personal injury accident and driving while license denied or revoked. No attorney information was available late Wednesday.

Investigators say Hiland's pickup crossed the center line on U.S. Highway 52 and hit an oncoming car driven by 28-year-old Casey Craugh, of Hazel Green, Wis. Craugh's car was then struck by van.

Craugh died at the scene. The van's driver, 42-year-old Jennifer Pape, of Sherrill, was hospitalized.

http://www.therepublic.com/view/story/22e2b2b077c04275adc8c5db648336fe/IA--Fatal-Collision-Search/

Man Killed in Dubuque County Crash

http://www.kcrg.com/news/local/Man-Killed-in-Dubuque-County-Crash-136298543.html

DUBUQUE COUNTY, Iowa - A man died after a multi-vehicle crash near Sageville, investigators said. The Dubuque County Sheriff's office said a Dodge Dakota pick-up crossed the center line and sideswiped a car, driven by Casey Craugh, 28, of Wisconsin. The crash happened around 5:00 p.m. Tuesday on Highway 52, near Highway 386. The impact of the crash caused Craugh's car to slide. A van, driven by Jennifer Pape, 42, then crashed into Craugh's car. Craugh died at the scene. The collision rolled Pape's vehicle on its side, pinning her in the van. Responders extricated her and took her to the hospital. Her condition was not made immediately available. Investigators said the driver of the Dodge Dakota left the scene on foot. If you have any information about the driver, contact the Dubuque County Sheriff's Office.

Hit-n-Run Accidents - Fleeing Drivers Take to Foot Following Five Recent Car Accidents

sdlombardi@aol.com (Blog Author)72702 — Sun, 08 Jan 2012 08:00:00 EST

This case is one from Council Bluffs. (Link + Link) The second from Dubuque County (Link) and then there was the other from the Waterloo area. (Link) (“Update: Charges in truck-motorcycle crash allege hit-and-run driver was texting before accident”)
Here is another report of the driver leaving the scene of an accident.
Clear Lake area on I-35. (Link) “Driver charged with leaving scene of fatal accident on I-35”
And a fifth in Northwood, Iowa. “The man charged with the fatal hit-and-run of a young girl boarding a school bus in May has likely reached a …one count of leaving the scene of a personal injury accident resulting in death.” (Link) “Driver Identified: Girl Dies in hit-and-run accident in Worth County”
According to the Republic in the Dubuque County case the hit-n-run driver was later arrested, charged with leaving the scene of the accident, failing to provide information and driving with license suspended or revoked and was being held on $11,000 bond.
If you need help with your hit-n-run case let us help with the investigation and litigation. But if not good luck and hire a lawyer early on in the investigation, as close to the accident date as you can, so the lawyer can get involved.
For Additional Reading (Be careful with reading this because it may not be up to date. If you’ve run and want to turn yourself in call Todd Miler, a lawyer who does criminal defense work in Iowa and in the Des Moines and West Des Moines area.)
Hit and Run Laws in Iowa
Hit and Run Laws by State

Why do drivers flee the scene of an accident?

sdlombardi@aol.com (Blog Author)72703 — Sun, 08 Jan 2012 08:00:00 EST

Officials say Wisconsin resident died in northeast Iowa collision; 1 driver flees scene

SAGEVILLE, Iowa — Authorities say they have arrested the driver of a pickup truck that fled after a deadly crash near Sageville in northeast Iowa.

The Dubuque County sheriff's office says 41-year-old Earl Hiland III, of Dubuque, was arrested Wednesday. He is being held on $11,000 bond.

Investigators say Hiland's pickup crossed the center line on U.S. Highway 52 and hit an oncoming car driven by 28-year-old Casey Craugh, of Hazel Green, Wis. Craugh's car was then struck by van.

Craugh died at the scene. The van's driver, 42-year-old Jennifer Pape, of Sherrill, was hospitalized.

http://www.therepublic.com/view/story/22e2b2b077c04275adc8c5db648336fe/IA--Fatal-Collision-Search/

Man Killed in Dubuque County Crash

http://www.kcrg.com/news/local/Man-Killed-in-Dubuque-County-Crash-136298543.html

One-vehicle, one-driver, one death = one workers' compensation death claim

sdlombardi@aol.com (Blog Author)72704 — Sun, 08 Jan 2012 08:00:00 EST

Fault has nothing to do with the award of workers’ compensation benefits.

Narrative by ISP Trooper Steinkamp: VEHICLE #1 WAS EASTBOUND ON HWY 20 WHEN THE DRIVER ENTERED THE MEDIAN AND DROVE INTO THE DRAINAGE DITCH. THE VEHICLE STRUCK THE EAST DITCH EMBANKMENT.

Accident took place on December 29, 2011 at 3:30 pm in Webster County at mile marker 130 in the eastbound lane at bridge number 94304. The report has a Gary Sulsberger from Rodney, Iowa driving a truck from KVLZ Trucking of Climbing Hill, Iowa in the collision and dying from the forces involved with striking a ditch embankment. The truck is rated at 80,000 pounds GVW.

Every Iowa driver has a duty to watch where they are going

sdlombardi@aol.com (Blog Author)72705 — Sun, 08 Jan 2012 08:00:00 EST

This Appanoose County, Iowa fatal collision is nothing more than a Failure to Maintain a Proper Lookout. It’s no excuse that you didn’t see the car or that you are elderly. Just like it’s no excuse that you are young and inexperienced. We don’t and can’t make exceptions for age related causes. At some point you simply have to stop driving.

This collision to the life of a 75-year-old woman from Mystic, Iowa; injured were Thomas Twohill and Janan Twohill, both from Fairfield, Iowa. (Each person injured is 45-years-old.)

Summary by ISP Spencer: VEH 1 WAS WB SWERVED INTO EB LANE OF HWY 2 TO AVOID STRIKING VEHICLE TURNING INTO BUSINESS DRIVE - VEH 2 WAS EB ON HWY 2 AND WAS STRUCK HEAD ON BY VEH 1 STILL UNDER INVESTIGATION ASSISTED BY: APPANOOSE COUNTY SHERIFF, AREA FIRE,RESCUE & EMS, CENTERVILLE POLICE.

The accident happened at 1:58 pm on December 16, 2011 on Highway 2 west of Centerville by ½ mile.

Johnson County Accident – Cresting a hill with head-on crash

sdlombardi@aol.com (Blog Author)72706 — Sun, 08 Jan 2012 08:00:00 EST

I’ve seen this type of accident quite a few times in my 30 years of managing car accident litigation. We have two cars approaching the crest of a hill from different directions and either one or both are either over or too close to the center line. They crest the hill and we have a head-on collision with catastrophic injuries. In this case a person died. Every driver is under a legal duty or obligation to stay on their own side of the road; and when you don’t and an accident occurs you’re liable. It’s that simple. Photo of the location.

Cameron Lynn Davis, age 38, from Wellman, Iowa, driving a 2005 Dodge Ram.

Jennifer Lynn Hussman, age 34 from Wellman, Iowa, driving a 2005 Chrysler.

Davis was injured and Hussman died.

DAVIS WAS WEST BOUND ON 500TH STREET SOUTHWEST AND HUSMANN WAS EAST BOUND ON 500TH STREET SOUTHWEST DAVIS CAME OVER A HILLCREST AND STRUCK HUSMANN HEAD-ON IN THE EAST BOUND LANES HUSMANN WAS PRONOUNCED DEAD AT THE SCENE

Accident happened on December 27, 2011 at 7:35 a.m. one half mile east of Johnson Iowa Road on 500 Street SW.

The Broadside Auto Accident Primer: Was the driver's view blocked, is it inattention or speed?

sdlombardi@aol.com (Blog Author)69788 — Mon, 02 Jan 2012 08:00:00 EST

Today’s litigation brief looks at a recent accident involving one car pulling out and being broadsided by an oncoming truck; the truck driver appears to have the right-of-way. As a young lawyer you have to ask yourself whether the guy pulling out is completely at fault or whether there is other evidence of negligence.

Black Hawk County, Iowa - What caused the driver to not see the oncoming truck and to pull out right in front of it on Highway 63? The accident is described as involving an F-250 Pickup truck and a Toyota Corolla – a fight weighing heavily in favor of the Ford. The Toyota being driven by one Joseph Pink pulls out from C57 and attempts to cross the southbound lanes of Highway 63 just as Garth Harold Beatty in his 1999 Ford pickup truck towing a trailer is crossing C57 at that intersection. The inevitable occurs with Mr. Beatty’s truck t-boning the little Toyota. Apparently Mr. Pink died in the crash and a passenger Mr. Harold Beatty was injured and taken to Allen Hospital. I used to work with a lawyer Sam Beatty in Waterloo. He was really a nice guy; I liked him a lot.

What are the right questions to ask from the physical evidence and the eyewitnesses?

Ten things we want to know from the accident investigation:

We would want to know if there was an obstruction to the view of Mr. Pink.
We would want to know the speed of the Beatty truck?
We want to know how long any skid marks are along with where they start and stop.
We want to know the initial point of impact.
We want to know the crush depth into the Toyota.
We want to know if Mr. Pink was distracted while driving.
We want to know if any driver was under the influence of alcohol or drugs.
We want to know the chemical tests from the autopsy report and any administered to the other driver.
We want to view the scene and photograph it.
We want to interview any passengers.

Things to do right now:

Get the ISP Technical Investigation Report with Photographs.
Visit the accident scene.
Talk with as many witnesses as you are able.
Photograph the vehicles involved.
Photograph the scene.

Look in the vehicles for evidence showing the whereabouts of the passengers prior to the collision.

There are a lot more questions to be answered but this is a start. What we are evaluating is negligence of all drivers and the landowners who have a duty to mow their weeds. Remember right now you want to prove the facts not your case. Your case will be proven, or not, when you gather and preserve the facts.

The Iowa State Patrol describes the accident this way:

NAMES HAVE BEEN RELEASED, VEHICLE 1 WAS WB ON C57, AS VEH 1 ATTEMPTED TO CROSS THE SB LANES OF HWY 63 HE WAS STRUCK BROADSIDE BY SB VEH 2, VEH 2 WAS A PICKUP PULLING A TRAILER, VEH 1 ENTERED WEST DITCH SOUTH OF THE INTERSECTION, VEH 1 CAME TO REST IN DITCH FACING NORTH, VEH 2 ALSO ENTERED WEST DITCH AND FLIPPED COMING TO REST ON ITS TOP FACING NORTHWEST, THE TRAILER SEPARATED FROM VEH 2 COMING TO REST PARTIALLY ON TOP OF VEH 2.

Follow this link to read the Iowa State Patrol’s preliminary report.

Page Headline: November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR.

Description: Securing the Evidence: November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR.

Keywords:

Page Category: Large Damage, Major-Serious Injury and Death Cases

Page URL:http://www.lombardilaw.com/library/2011.11.21._Daggett_and_Palmer_and_Schofield_Monona_County_Iowa_State_Patrol_Crash_Reports.pdf

Fall Protection Safety Gear and the Kossuth County Grain Elevator Fall

sdlombardi@aol.com (Blog Author)72039 — Mon, 26 Dec 2011 08:00:00 EST

News from KIMT TV Channel 3 from Kossuth County, Iowa – Two people, can’t be sure if they were workers, fell 35 feet from a ladder at a site where grain elevators were apparently being constructed. The news blurb is pretty brief and doesn’t contain a lot of facts but here it is - Link. The report is from December 3, 2011. Here is the Globe Gazette’s story. They name the construction site as Gold Eagle Cooperative in Titonka. The reporter, Peggy Senzarino, describes the grain elevator as a three million bushel facility being built by Buresh Building Systems from Hampton. WCR Courier coverage is more of the same with the exception of what a company spokesman stated, the victims were not Gold Eagle employees. KCRG TV adds one more fact after talking to the Kossuth County Sheriff’s Office. They reported the man and woman may have fallen from scaffolding or a ladder on which they were standing. So at this point there is nothing clear about the facts or the cause of the fall, but it seems clear they were up three stories without fall arrest protection. IOSH or OSHA will more than likely investigate the accident. KIMT.

Kossuth County, IA - A Monday evening accident leaves two injured at a grain elevator construction site in Titonka. The Kossuth County Sheriff's office says the workers fell 35 feet from a ladder where they were standing. A woman was air lifted by helicopter from the scene. The other victim was a man who was taken by ambulance to the Kossuth Regional Health Center. He was later air lifted from there. The Titonka Fire and Ambulance, and the Algona Ambulance Service responded.

Buresh Building Systems, Inc, 1219 Imperial Road, PO Box 301, Hampton, Iowa 50441-1931 and 641-456-5242. The owner is listed by Manta as Molly Bird. Buresh Building Systems, Inc and North Central Millwright, Inc. do have a website. The Buresh website describes their business as follows:

Buresh Building Systems, Inc. is a general contractor specializing in a wide range of design-build projects in the industrial, agricultural, renewable fuels and commercial markets. Through our partnerships with building manufacturers such as Behlen Building Systems and Accu-Steel Buildings, we are confident we can provide our customers with a building designed to meet their needs.

North Central Millwright, Inc. is an experienced and fully equipped millwright contractor. North Central Millwright has been servicing our customer’s millwright needs since 1981. Our customers vary from large grain cooperatives to small family owned farmers. Through our partnership with Sukup Manufacturing and other key equipment suppliers, North Central Millwright is ready to install and service all of your grain storage and handling equipment needs.

Our companies are proud of the fact that we self perform the concrete foundations and slabs, the building erection, and the millwright installation with our own experienced and professional in-house crews. It is for this reason we are able to control the four primary aspects of construction projects: Quality, Safety, Cost, and Schedule.

Thank you for visiting our website. We look forward to the opportunity to work with you in the future.

The projects button lists no jobs but the photographs button does provide images of the work they do. These are very large and complex building projects. The job sites look well maintained and organized. Buresh won a Venture Award in 2010 having been nominated by Franklin Rural Electric Cooperative.

Load falls off of truck on highway and causes an accident

sdlombardi@aol.com (Blog Author)72041 — Mon, 26 Dec 2011 08:00:00 EST

This type of accident is more common than drivers can appreciate. We’ve recently been called about an accident that happened on I-80 when a ladder fell off of a truck. That driver ran away from the accident after collisions began to happen. People are looking for this driver and if you saw the accident and can provide details of the driver or his license plate please call me. 515-222-1110 or sdlombardi@aol.com.
Getting back to the accident at hand it’s in Wisconsin on Highway 41 near Neenah. It’s described as a custom fiberglass brine tank that was headed to Iowa, falling off the rear of the pickup truck carrying the load. It weighed one-an-a-half tons. Another pickup truck hit the tank then collided with the truck hauling it; after which both trucks caught on fire. Both drivers were injured. There is video at this link. The driver hauling the load was cited for failing to properly secure the load.
<script type='text/javascript' src='http://www.wbay.com/global/video/videoplayer.js?rnd=428481;hostDomain=www.wbay.com;playerWidth=630;playerHeight=355;isShowIcon=true;clipId=6555758;flvUri=;partnerclipid=;adTag=News;advertisingZone=;enableAds=true;landingPage=;islandingPageoverride=false;playerType=STANDARD_EMBEDDEDscript;controlsType=overlay'></script>
http://www.wbay.com/story/16338376/2011/12/16/driver-hits-trucks-fallen-load-vehicles-catch-fire-on-highway-41?autoStart=true&topVideoCatNo=default&clipId=6555758

Texting and What Can Go Bad

sdlombardi@aol.com (Blog Author)72042 — Mon, 26 Dec 2011 08:00:00 EST

It’s just texting, what bad can possibly happen?

Black Hawk County, Iowa - Here is an interesting story with a very sad ending. This story is about a hit-n-run accident involving a truck, a motorcyclist that was seriously injured and alleged text-messaging while driving. It points out the seriousness of the problem involving texting while driving. The motorcyclist suffered a fractured collar bone and ribs and part of her left leg had to be amputated. This one isn’t going to end in a good way. So take a look at what follows and ask yourself how many of these collisions are related to distracted driving while using a cell phone. The charge is texting while driving that caused a motorcyclist to lose part of her leg.

Charges in truck-motorcycle crash allege hit-and-run driver was ...
Waterloo Cedar Falls Courier
WATERLOO, Iowa --- A University of Northern Iowa student who was arrested in connection with an October hit-and-run accident has been released from jail ...

Mortgage Fraud Blogs has 10 New articles for December 2011

sdlombardi@aol.com (Blog Author)71242 — Wed, 14 Dec 2011 08:00:00 EST

Mortgage Fraud Blog - Perp Walk - 10 new articles

In This Issue...

Escrow Officer and Title Company Public Hearing Scheduled
Woman Admits Defrauding Mortgage Lenders
Man Charged with Forging Borrower Signatures
Nationwide Foreclosure Rescuer Charged with Fraud, ID Theft
Real Estate Agent, Broker and Appraiser Sentenced
2 Indicted for DC Mortgage Scam
3rd Defendant Sentenced for Mortgage Fraud Conspiracy
Condominium Development Owner Charged with Defrauding Lenders
Mortgage Fraud Kingpen Sentenced
Title Agent, Husband and 2 Others Charged with Mortgage Fraud
Search Mortgage Fraud Blog - Perp Walk

Loose Trailer Personal Injury Accident Kills Iowan from Britt

sdlombardi@aol.com (Blog Author)70830 — Sat, 10 Dec 2011 08:00:00 EST

Hancock County, Iowa - I’ve been reading about these accidents and one guy has a blog dedicated to accidents where trailers become unhitched and crash into other cars, trucks or motorcycles. It’s been awhile since I’ve seen one in Iowa, right up until this week, that is. It happened on December 5, 2011 at around 5:58 a.m. on Highway 18 about 2 miles west of Garner. A 2000 Peterbuilt semitruck pulling a trailer (driver shown as Travis Christians, Garner, Iowa – 38 years old) was westbound on Highway 18 when as the officer describes it, “VEHICLE 1 (THE SEMI ) WAS WESTBOUND ON HWY 18 WHEN ITS TRAILER BECAME DETACHED FROM THE TRACTOR THE TRAILER THEN SLID ACROSS THE CENTER LINE AND STRUCK THE EASTBOUND VEHICLE 2 HEAD ON.”

The eastbound vehicle is a Ford Explorer being driven by Barry Priebe from Britt, Iowa. (56 years old) From the report it appears as though Mr. Priebe died in the crash.

So who is responsible? From a legal standpoint the driver of the semi (and the permissive owner of the semi) is legally responsible for securing the load, including the trailer.

Iowa State Patrol Crash Report of Christians – Priebe Personal Injury Accident
KGLO Midday Report on Priebe Fatality Car Accident
KGLA Obituaries - Link
Britt man killed in early morning accident, WCF Courier
See also Dangerous Trailers.org
YouTube Report - Dangerous Trailers.org Presents Loose Trailer Kills US Postal Worker
How To Hook Up A U-Haul Trailer - Braked
Dangerous Trailers.org Loose U Haul Trailer Causes Loss of Life – Pedestrian Killed by Loose Trailer – U-Haul Trailer breaks free from pickup truck and kills tree worker on side of the road.
Dangerous Trailers.org Presents Virginia Tagged trailer I-95 No Safety Chains
One safety chain dragging on the ground – Improper use of safety chains.
Hitch failure, but driving with only one wheel on the trailer.
Overloading trailers is also dangerous and unacceptable.

15 Ways to Cause a Trailer to Unhitch During Use

Improper Installation of the Trailer Hitch or the Towing Mechanisms
Using a trailer that is beyond the hitch’s rating
Not using the chains
Using the chains improperly
Using the wrong sized ball and socket
Overloading the trailer
Using a broken hitch
Not latching the ball
Not securing the security pin
Towing a poorly maintained trailer causing excessive pressure on the hitch itself
Improperly inflated tires
Loading the trailer beyond the axles weight rating and breaking the axle
Failing to double check hitch before driving off
Not having brakes on the trailer while pulling a heavy load
Driving while distracted and not keeping an eye on the load you’re towing

If you think these cases are easy to prove it’s because you’ve never tried to prove one in a court of law. And if you think that insurance adjuster who makes it seem like he’s there to pay you and just has a few questions to ask for his file, good luck with that one. Later this week (December 15, 2011) I’ll post an article titled, The Loss Prevention Department Assassin. You may find it of interest. I’ll update the link after it posts.

Hamilton County Fatality D25 Loss of Control and Crossing the Center Line

sdlombardi@aol.com (Blog Author)70831 — Sat, 10 Dec 2011 08:00:00 EST

With weather conditions deteriorating into winter ice and snow drivers seem rusty with winter driving skills. In checking the fatality reports in Iowa I ran across three that appear to be weather related; although I may be mistaken.

Out of the three the one that involves a non-fault driver is the Newton-McQueen accident on D25 half a mile from U.S. 69 in Hamilton County. The eastbound driver, Shannon McQueen has the westbound car come across the center line crashes into her. Let’s assume the weather is bad and that is part of what makes the other driver, the at-fault driver cross the center line. That fact, the icy road conditions, means very little when it comes to determining fault. You see Ms. McQueen has the exact same conditions and she maintains control over her car. So what is the difference? Probably speed, lookout and what the law refers to as driving using due care. If you experience bad weather your options remain the same, but your choices should be different than when you’re on dry pavement. Slow down, pay more attention to the driving surface and when cars approach really slow down and get over. If you don’t make those choices you can end up in an accident or worse.

To read the Iowa State Patrol Accident Report on the McQueen-Newton Car Accident Fatality follow this link.

You Can't Ignore the Value of Litigation

sdlombardi@aol.com (Blog Author)69785 — Fri, 02 Dec 2011 08:00:00 EST

This article of interest explores the dangers of being a farmer, but ignores the contribution of civil trial lawyers. With this I take exception.

This article written by Rick Ruggles of the World-Herald out of Omaha, explores the dangers, past and present, of farming in rural America. While the article points to engineering as making farming safer it fails to point out how lawyers have contributed to pressuring the re-engineering of farm equipment to make it safer. Like it or not, lawsuits have done much to making farming a safer profession. The two examples that first come to mind are unshielded PTO shafts and augers along with tractors sold without rollover protection (ROPS). Those three pieces of farm machinery did more damage to limbs and took more lives than probably any other dangers. Manufacturers packed the standard writing organizations with like-minded engineers who argued changes weren’t feasible. Farmers continued to die while lawyers poured their own funds into litigation suing manufacturers to force loftier engineering standards that ultimately resulted in safer farming equipment.

So say you hate us all you want, but we ain’t going away. And as personal injury lawyers we know better than to simply catalogue the progress without following the money; our money and what it’s done for farm safety.

Farm Dangers and Accident Causes

Suffocation from quick sand like corn or beans in a bin
Unshielded PTO shafts
Tractors on uneven ground and rolling over crushing the driver
Unshielded Auger Power Shafts
Being kicked by an animal
Being overtaken by cold weather in an unprotected location
Being crushed by machinery
Losing a limb from working around pinch points and other moving parts
Being overcome by anhydrous ammonia
Falling from heights without a fall protection harness
Being in an accident on the rural farm-to-market roads while driving heavy equipment
Dying from exhaustion after putting in long hours during harvest

NSC: Data Still Shows Dangers of Farming, Editorial Staff

Danger on the farm, Rick Ruggles, World-Herald Staff Writer

Farmed And Dangerous, Coastal Alliance for Aquaculture Reform

Accidents a reminder of farming dangers, Jennifer Ewoldt, The Quad-City Times

Farm Safety, Kids Health

The Dangers of Farming, Local Harvest

The Dangers of Industrial Farming, Bryan Welch, Mother Earth News

Insurance Journal Issues and then Distorts Report Findings

sdlombardi@aol.com (Blog Author)69784 — Thu, 01 Dec 2011 08:00:00 EST

I ran across several articles posted on the Insurance Journal’s website. One title was Study: Cost for Non-hospital Services in Workers’ Comp Highest in Wisconsin. The title alone suggests there was some kind of a study that proves the point of higher-highest costs for workers’ compensation programs. Studies are supposed to be independent and the use of the word in the title is supposed to do the same; suggest independence from bias. But that’s not the case here. This ‘study’ was conducted by the WCRI.

The Workers Compensation Research Institute touts itself as the leading independent research organization researching and analyzing workers’ compensation issues. But it’s anything but independent or objective. First of all the “group” is not open to the public, it’s private and not anyone can join the group. To gain access to the WCRI site you must apply for membership, a method employed by groups who do not wish members who might display objectivity that would question their methods or conclusions. These types of groups are the one’s buying influence in Washington, DC – the same ones that have our Congress in their back pockets.

If you view the WCRI member list it’s all big-business and insurance companies that are paying for the research, not organizations without an ax to grind. To be a member you must be a large self-insured employer, an insurance company, a state insurer, a reinsurance company, a national trade and professional association or national labor organization. WCRI doesn’t set a membership fee, the fee is based on how big you are; a rather telling admission to say the least. It’s just more of pay to play. There really is no difference between Democrats and Republicans; they are all working the system to promote their own agenda without regard to the taxpayers paying the bills. This organization simply promotes its own propaganda through self-serving “studies” that are more than likely rigged to give them the result they want.

Further titles suggest the Insurance Journal is just one more arm of the propaganda machine of the insurance industry. It’s the same arm that promotes fiction rather than fact for the sake of marketing and promoting the float.

See Fast Growth in Price for Non-Hospital Services in Indiana Work Comp.

WCRI Members / 2011

The following organizations support the research of WCRI.

Employers
Insurers
Contributors
Associate Members - State Labor Organization
Associate Members - Rating Organization
Associate Members - Public Sector United States
Associate Members - Public Sector International

Employers

Aon Global Risk Consulting
Bimbo Bakeries USA
Bunch & Associates
Chevron Corporation
CONCENTRA, Inc.
CorVel Corporation
Costco Wholesale
Coventry Workers' Comp Services
Crawford & Company
Gallagher Bassett Services, Inc.
General Mills, Inc.
GENEX Services, Inc.
Gould & Lamb, LLC
Healthcare Solutions
Intracorp
Marriott International, Inc.
Matrix Healthcare Services, Inc.
MedRisk, Inc.
Nordstrom, Inc.
One Call Medical
Palmetto Hospital Trust
Sedgwick Claims Management Services, Inc.
Southern California Edison
Stanford University
Towers Perin
United Parcel Service
Universal SmartComp
The Walt Disney Company

Insurers

ACE-USA
Bituminous Casualty Corporation
California State Compensation Insurance Fund (SCIF)

Chartis Insurance
Chubb & Son, a division of Federal Insurance Company
Employers Mutual Casualty Company
The Hartford Insurance Group

Kentucky Employers' Mutual Insurance
Liberty Mutual Group
New Jersey Manufacturers Insurance Company
The PMA Group
Property Casualty Insurers Association of America

QBE the Americas
Safety National

Selective Insurance Company of America, Inc.

Texas Mutual Insurance Company

The Travelers Companies, Inc.
Zenith Insurance Company
Zurich North America

Contributors

American Insurance Association

Safeway, Inc.
Target Corporation

Associate Members – State Labor Organization

Australian Salaried Medical Officers Federation

Canadian Union of Public Employees

The Center for Construction Research and Training
New Hampshire AFL-CIO

North Dakota AFL-CIO
Tennessee AFL-CIO

Wisconsin State AFL-CIO

Associate Members – Rating Organization

Compensation Advisory Organization of Michigan
Massachusetts Workers' Compensation Rating & Inspection Bureau
Minnesota Workers' Compensation Insurers Association

New Jersey Compensation Rating and Inspection Bureau
New York Compensation Insurance Rating Bureau
North Carolina Rate Bureau
Pennsylvania Compensation Rating Bureau
Wisconsin Compensation Rating Bureau

Associate Members – Public Sector United States

Alaska Division of Workers Compensation
California Commission on Health and Safety and Workers' Compensation
California Division of Workers' Compensation
Colorado Department of Labor and Employment-Workers' Compensation Division
Connecticut Workers' Compensation Commission
District of Columbia Office of Workers' Compensation
Georgia State Board of Workers' Compensation
Idaho Industrial Commission
Illinois Workers' Compensation Commission
Iowa Division of Workers' Compensation
Kansas Department of Human Resources/Division of Workers' Compensation
Kentucky Department of Workers' Claims
Louisiana Office of Risk Management
Louisiana Office of Workers' Compensation Administration
Maine Workers' Compensation Board
Maryland Workers' Compensation Commission
Massachusetts Department of Industrial Accidents
Massachusetts Division of Health Care Finance & Policy
Massachusetts State Rating Bureau, Division of Insurance
Massachusetts Human Resources Division, Workers' Compensation Section
Michigan Workers' Compensation Agency
Minnesota Department of Labor and Industry
Mississippi Workers' Compensation Commission
Montana Department of Labor & Industry
Nebraska Workers' Compensation Court
New Jersey Compensation Rating & Inspection Bureau
New Mexico Workers' Compensation Administration
New York State Workers' Compensation Board
Oregon Department of Consumer & Business Services
Pennsylvania Department of Labor and Industry
Rhode Island Department of Labor and Training
South Carolina Workers' Compensation Commission
Tennessee Department of Labor
Texas Department of Insurance, Division of Workers' Compensation
Texas State Office of Risk Management
United States Department of Labor
Virginia Workers' Compensation Commission
Washington State Auditors Office
Wisconsin Department of Workforce Development

Associate Members – Public Sector International

British Columbia Workers' Compensation Board (WorkSafe BC)

Comcare Australia
Manitoba Workers' Compensation Board
New Brunswick Workplace Health, Safety and Compensation Commission
New Zealand Accident Compensation Corporation
Ontario Workplace Safety and Insurance Board
Safe Work Australia
Victorian WorkCover Authority
WorkCover Authority of New South Wales

Should you hire a lawyer for your car accident case?

sdlombardi@aol.com (Blog Author)69787 — Wed, 30 Nov 2011 08:00:00 EST

The article caught my eye: Fatality reported in Monona County crash, Des Moines Register, November 22, 2011. In it the reporter describes a 1969 Oldsmobile 88 as pulling out of a gas station, heading south on Highway 141, not having control, swerving across the center line and causing an accident with a northbound truck being driven by Joseph Daggett, 24 from George, Iowa.

The big question to answer is why the Oldsmobile was swerving? That implies a certain speed and what some refer to as “peeling out” while gunning the engine. No one can know for sure what happened, except eyewitnesses and from what the physical evidence shows. I certainly can’t tell you the cause while sitting in my chair at the computer. No lawyer can. This is why the relatives of the passenger, Robert Palmer of Mapleton, Iowa and the other driver from George need to secure lawyers who can quickly investigate to preserve the physical evidence and gather statements from eyewitnesses.

Mr. Palmer, the passenger died and therefore he cannot tell us what happened in the seconds before the crash. The northbound driver may not have seen what was going on at the service station. And the owner of the service station along with the clerks on duty may not wish to assist or come forward with accounts of what they saw. After all, any more it’s unnatural for people to ‘get involved’. (You think I’m kidding about uncooperative witnesses? See The Cow Jumped Over the Moon.) This is a prime example of why lawyers are a vital part of the insurance reimbursement system that makes people responsible for their actions and forces insurance companies to pay-to-play the insurance business. So let me ask, what was the driver doing that made him lose control? Is there objective evidence there was a defect in the road, in the car or is this all driver error?

Here is how the Iowa State Patrol describes the accident:

ON 11-21-11 AT APPROXIMATELY 2142 HOURS VEHICLE #1 LEFT THE BP GAS STATION SOUTH BOUND ON HWY 141 IN MAPLETON, DRIVER #1 DID NOT HAVE CONTROL OF HIS VEHICLE AND WAS SWERVING AS HE DROVE SOUTH, VEHICLE #2 WAS NORTH BOUND ON HWY 141, VEHICLE #1 CROSSED THE CENTERLINE INTO THE PATH OF VEHICLE #2, VEHICLE #2 STRUCK VEHICLE #1 IN THE PASSENGER DOORS DRIVING IT UP ON TO THE CURB IN THE NORTH EAST CORNER OF THE INTERSECTION WITH SIOUX ST

Follow this link to view the preliminary report from the Iowa State Patrol.

Fatality reported in Monona County Crash.

Page Headline: November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR.

Description: Securing the Evidence: November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR.

Keywords:

Page Category: Large Damage, Major-Serious Injury and Death Cases

Page URL:http://www.lombardilaw.com/library/2011.11.21._Daggett_and_Palmer_and_Schofield_Monona_County_Iowa_State_Patrol_Crash_Reports.pdf

Lawsuit over I-35 Pileup during 2010 Blizzard is a hard sell

sdlombardi@aol.com (Blog Author)69786 — Mon, 28 Nov 2011 08:00:00 EST

According to a story in the Waterloo Courier and one in the Mason City Globe Gazette a lawsuit has been filed by a Wisconsin couple following a pileup on Interstate 35 on January 25, 2010. A look at the photographs sort of say it all and begs the question the jury will certainly be asking – What were any of you doing driving during that storm?

Lawsuit filed over pileup during 2010 blizzard on I-35, Laura Bird, Courier Lee News Service

Lawsuit filed in I-35 blizzard pileup, Laura Bird, Globe Gazette, Mason City, Iowa

What risks are killing workers on the job?

sdlombardi@aol.com (Blog Author)69253 — Sun, 20 Nov 2011 08:00:00 EST

To answer that question let's look at some of the recent accidental deaths while on the job.

In the first case out of Salt Lake City a worker identified as Kelton Lee (55) a construction worker who was lifting a heavy piece of pipe when his legs gave out and pipe struck him in the head. Although he regained consciousness he later died of the head injuries. Read more here from the Vernal Express.
Next we go to South Dakota where an article discusses the number of deaths in that state. It's interesting that all workers killed in South Dakota last year were men; men must be taking more jobs with higher risks for injury. Here is a quote from that article.
"All but one of those killed in South Dakota last year were men. The Labor Statistics bureau groups farming with forestry, fishing and hunting, and that sector had the highest number of worker deaths, 14. The construction industry followed with seven. Every year since 2003, driving associated with work has been as dangerous as or more dangerous than fatal accidents involving equipment or objects and falls. Among fatalities last year, 16 were caused by transportation accidents, including nine highway deaths and seven nonhighway accidents. Ten deaths occurred in accidents involving objects and equipment and five were caused by falls. South Dakota closely tracks a national trend regarding transportation fatalities. Nationwide, 21 percent of the 4,547 people killed on the job last year died in highway accidents. The nine highway deaths in South Dakota represents 25 percent of the total work-related deaths. Nationwide last year, 11 percent of those killed at work were murdered. South Dakota had no such cases."
You can read that article from the Argus Leader here.
Heading east to Vermont we pick up an article out of Guilford, Vermont and Reformer Staff Writer, Chris Garofolo. He writes about a man killed when the tractor he was driving overturned, crushing him to death. People describe that accident as a freak accident but that I find hard to believe. First did the tractor have rollover protection? Second did the tractor have a seat belt and was the driver wearing it? Last thing to consider is speed and how unlevel the terrain he was riding on and what he was doing on it. While this is a tragic accident it's more than likely one that can be prevented. You can read that article here.
Heading to New York we have an article titled "Architects of Brighton Beach condo in deadly collapse had history of flouting regulations." I'm not sure of the facts so I won't comment because this accuses people of flaunting safety rules and without knowing the details it's not for me to comment on. But what we can surmise from what is said is that a building collapsed during construction and some workers were injured and one was killed. You can read the NY Daily News article here.
No country is immune to tragic work related deaths; even Nigeria has a problem. Read here.
Back across the Big Pond we head to the Midwest where Kansas is turning its attention to safety issues for workers who drive and die in car-truck-motorcycle-semi accidents. Read about their efforts here.
Other worker related death accidents include: West York construction site lift fell on top of the operator. Another link.
In Spring Hill near Tampa, Florida a road construction worker was struck by a motorist driving though a highway construction zone. We've represented road crew workers in several injury related accidents. In a similar type of accident a highway construction worker along I077 in Brecksville, Ohio was struck and killed when a semi-truck slammed into him. The worker, John Costlow of Akron was installing signs off the roadway when a semi went off the road, struck and killed him. Link is here.
Just one more and we are done for today. We go to Queensland and Melbourne, Australia. A worker was trapped under a "heavy load" and it killed him. So moving materials is a huge risk to workers and creates many safety hazards that can kill or injure them. Here is the link.

Many workers, many accidents, all different locations but several things in common to all - risk, not paying enough attention to safety, material handling, moving machinery, trucks-cars all moving with drivers paying little attention to their surroundings and highway construction crews who are sitting ducks with cell phoned drivers paying more attention to the call than the road.

Is my insurance responsible in a rollover accident?

sdlombardi@aol.com (Blog Author)69252 — Sat, 19 Nov 2011 08:00:00 EST

For today's article we have several real life rollover accidents. The first is a 16-year-old driver (Beth Opperman) who is said to have suffered only non-life-threatening types of injuries. The Fayette County Sheriff's Office spokesperson described the accident for the WCR Courier as a single vehicle accident where she lost control of her driving on L. Avenue north of 110^th Street, entered the ditch and the vehicle rolled. There is no discussion as to why or if anyone else was in the Ford Ranger truck. She's just 16 and probably inexperienced so we'll leave it at that.

A second roll-over car accident takes place in Chamberlain, S.D. reportedly killing a northwest Iowa man, Leon Contreras of Estherville, Iowa. The driver is described as 37-year-old Ramon Castillo; neither man is described as wearing a seatbelt, although no details are given about what happened to cause the accident.

The third rollover accident takes place in Wyoming; it involves an oil field worker out of Gillette, Wyoming. The man was involved in a rollover accident where he broke his neck, was taken to the hospital complaining of neck pain and the hospital staff failed to discovery he had a broken neck. He suffered permanent nerve damage because of the delay of two days in diagnosing a broken neck. A malpractice case was filed and the jury returned a $9 million verdict. The man is reported to be Louis Prager of Montana.

As you can see each of these rollover case is different; no two are ever the same. In the first you have one young driver who could be considered the at-fault driver and with no passengers she would have the only claim. She would file with her own insurance company under the medical pay section of her policy. Beyond getting paid medical bills there is nothing to be paid for personal injury. In the second accident the passenger's estate (he is reported to have died) would file a claim with the driver's auto insurance company and if he has low limits of coverage he may also file with the passenger underinsured motorist coverage policy. Of course if the driver is uninsured and the passenger had automobile insurance then his estate's administrator will file under the uninsured motorist coverage. In the third accident the oil service field worker was in the course of his employment at the time of his rollover accident so he would have several avenues to consider for personal injury coverage.

First is the workers' compensation insurance and that's an easy one.

The second depends on whether he was forced off the road by another car or not. If so then there is a third-party case against the at-fault driver and owner of the at-fault car.

The next claim as you can see had to do with his claim of receiving shoddy treatment that fell below the standard of care in Wyoming. So there you have it three different rollover accidents with three different results and places to file insurance claims. And you wonder why they call this "the practice of law"? Not the operative word is practice.

Creepy Crawly Class Action Certified in Bed Bug's Treatment Case

sdlombardi@aol.com (Blog Author)68752 — Wed, 16 Nov 2011 08:00:00 EST

A class action has been certified in Iowa against a lower-income apartment complex by about 300 residents. According to the Des Moines Register article the plaintiffs assert a claim for "back rent, lost property and other hardships because of a bedbug problem stretching back to late 2007." Bed bugs are brought in by a tenant and when discovered the landlord is required to treat the infected areas of the building. Costs can be upwards of $1,000 per apartment. Treatment is by chemical or 120-degree heat. Companies that manage large complexes are checking for bedbugs at the end of a tenant's lease. The check is made with dogs that sniff out their presence by smelling pheromones the bedbugs give off. For more information about bedbugs go to www.badbedbugs.com.

http://www.youtube.com/watch?v=4qx751dNw7Q

Docket Number: 05771 CVCV008116
Caption Title: Residents of Elsie Mason Manor vs First Baptist Housing
Filing Date: March 15, 2010
Jeff Lipman for the Plaintiffs.
Attorney for Defendants, Mark L. Tripp of the Bradshaw Law Firm and Kevin Driscoll.
Judge Joel Novak ruling in the class certification.
Des Moines Register, Jeff Eckhoff reporting, Judge allows class action lawsuit in apartment bedbug case, November 11, 2011
The High Cost of Bedbugs, NY Times, July 10, 2009
Sleeping With the Enemy (Bed Bugs), Health, July 10, 2009
Elsie Mason Manor & Ligutti Tower Retirement Homes
Location :Des Moines, Iowa Address :430 Grand Ave 50309 Telephone :515-243-8759 Fax :515-243-0188
Owner: First Baptist Housing Foundation

Traffic Violation Cameras intrusive, but reliable witnesses in MVA's

sdlombardi@aol.com (Blog Author)68750 — Tue, 15 Nov 2011 08:00:00 EST

As a trial tip any lawyer with an intersection collision case should get a copy of the video from the intersection traffic camera. As for clients who are in intersection collisions it's better to get a lawyer onboard sooner rather than later. For a list of locations see below.

Traffic Camera Proves A Reliable Witness In Crashes, AP provided by KCCI-Channel 8
Iowa Department of Transportation - Des Moines Area Traffic Speedmap and Cameras Link
Iowa Traffic Webcams from Leonards Worlds Traffic Cameras by State - USA Russia Style link.
Iowa Webcams link. Des Moines area links.
Iowa Red Light Cameras Map link.

Suicide Costs Iowa $400,000

sdlombardi@aol.com (Blog Author)68749 — Mon, 14 Nov 2011 08:00:00 EST

The estate of a teen who died after walking in front of freeway traffic will be paid $400,000 by the State of Iowa. The teen had been in a State of Iowa vehicle being driven by a social worker. According to the news report the teen was being driven to a youth shelter, threatened suicide, prompting the social worker to pull over on I-380. He then exited the car, walked into traffic and the cause was later ruled a suicide.

These are tough cases.
Title: ESTATE OF DENVER DANIEL PARVIN, DECD
Docket Number: 06571 ESPR034614
Venue: Linn County
Petition filed: 3/17/2010
Facebook: Rest in Peace Denver Parvin

Iowa Workers' Compensation and the Rock Crusher Death

sdlombardi@aol.com (Blog Author)68751 — Sun, 13 Nov 2011 08:00:00 EST

Dangerous Work Place Injuries: KCCI, Channel 8 ran a story about an 82-year-old man working in quarry and being killed after ending up inside the rock crusher. Man Found Dead In Rock Crusher, DeWitt, Iowa. The U.S. Department of Labor is investigating. I'm sure IOSH is as well. This case is one that can result in a workers' compensation claim. The worker was Bruce Anderson, the quarry is noted to be Anderson Quarry.

Rock crushers and shredders shred rock, engine blocks, appliances and cars. This machinery is dangerous to work around and can be deadly. If you're interested in seeing how it works, follow the links below. A question came up this week in a real estate broker's class about whether owners of companies can be covered in Iowa under workers' compensation. The answer is yes you can if you elect to cover yourself. So meet with your insurance agency that secures your workers' compensation insurance and cover yourself under the policy.

If you're curious about injuries caused by rock crushers a search on Google will provide several stories or YouTube videos involving mining. http://www.youtube.com/watch?v=-Z9Cm92vfQA

Rock crusher and shredding machinery operating in the workplace: link, link, link, link and link.

This accident got me wondering what a rock crusher looks like.

There are several on YouTube that can give us an idea of the scope of this machinery.

rock crusher
Portland, Oregon rock crusher accident being trailered. Link.

Personal Injury News from Central Iowa for November 5, 2011

sdlombardi@aol.com (Blog Author)68160 — Sat, 05 Nov 2011 08:00:00 EST

In Pilot Mound, Iowa a Boone County farmer died a 74-year-old man, Richard Shaw died after exposure to anhydrous ammonia leaking from a faulty hose. It's the nitrogen that makes good fertilizer but it can also cause skin, eye and lung damage when a person is exposed to it. As the Des Moines Register article points out accident prevention is about maintenance. If this man were an employee his widow would be entitled to workers' compensation benefits, assuming the farmer bought the coverage. Buying workers' compensation insurance can be an inexpensive way to ensure life, limb and medical care. Get a quote for your own and your spouse's sake.

In Janesville, Iowa an 11-year-old boy, Justin Bradfield got off the bus, dropped something and then ran in front of the bus, was struck and killed. The driver is not being charged, at least not yet, the article indicates the matter continues to be under investigation by the Iowa State Patrol. Questions about the driver's focus and understanding of which way the boy would normally head home will be of interest. A photograph of young Justin can be seen by following this link. That article discusses the Kensett school bus death from May 10, 2011 involving Aaron Gunderson, 32 of Northwood. The article indicates vehicular homicide charges by operating a motor vehicle while intoxicated and then leaving the scene of an accident can be criminal sanctions for this type of accident. Drivers always have to keep a watchful eye on disembarking students. Update: No charges are expected against the bus driver or the school.

In St. Ansgar, Iowa a Stacyville teen died when her car ran right into the back of a school bus. She is 17-year-old Allison Marjie Smith. One has to wonder if there was a distraction inside the cab or her Pontiac Bonneville.

Next we move onto West Des Moines, my stomping grounds and Interstate 35 where we have a multivehicle crash. IN this crash for whatever reason, not explained, a southbound vehicle is described as having crossed the median and crashing into a northbound car. This article is kind of sketchy so let me check the ISP reports to see if there is at least a preliminary report. Update: The driver of what appears to be the at-fault vehicle was Danny Knowles of Des Moines. He was 58-years-old. I'm still waiting for the other drivers to be identified. Update: Police spokesman is Lt. Jim Barrett. One of many accidents on I-80 this one near Coralville-Iowa City around 7:30 pm killed a driver. This is a truck driver who hit the barrier, the Jersey barrier, then rolled onto the left side and caught fire. The carrier is Dart Transportation out of Cary, Illinois. This will in all likelihood result in a workers' compensation claim. The widow, if any, should contact the Capron & Avgerinos firm that does good work out of Chicago, Illinois. They are a firm that handles workers' compensation injury work. If it's Iowa benefits they need or want we can help you. 515-222-1110 or sdlombardi@aol.com. I'll check further reports and add to this post.

A metro Ice Arena mysterious illness is probably carbon monoxide poisoning from either the Zamboni or else a fresh air intake vent. Although Urbandale police did not find elevated levels they might check out venting where the patrons were seated. I've seen this up north at UNI where deliver trucks would park with engines running outside the facility, a lab, and the fumes were then being sucked into the building making the lab workers sick. I've covered carbon monoxide poisoning previously. Follow this link to the Lombardi Law Firm search for carbon monoxide poisoning.

Onto Winneshiek County we head, where a one-vehicle crash killed a Minnesota teen and injured several others. Riding as a passenger in a Ford F-150 pickup truck Joshua Evers, just 18 out of Rochester, Minn. died as a result of personal injury caused by the collision. " The injured include the driver, Brenden Christensen, 18, of Winnebago, Minn.; Bobby Wild, 19, of Lansing, Ia.; Shenyse Tharp, 18, of Holy Cross, Ia.; Trey Dylsin-Hillyer, 18, of Frost, Minn.; Keisha Kerr, 19, of Postville, Ia.; and Kristin Easley, 19, of Preston, Minn." According to the article from the Register Christensen was the driver and failed to negotiate the curve at 245^th Avenue to the north of 200^th Street. The accident happened at around 9:15 a.m.

From northeastern Iowa we go again to central Iowa and specifically to Ames, Iowa and back again on I-35. In this car or bus accident the rock-band bus for Georgia rock band Widespread Panic died of a medical condition just prior to a series of collisions. I'll update this post with names when I locate the accident report. I keep trying to persuade my wife that we should buy a rock band bus, make fake rock concert tickets and t-shirts, then get on the road giving them away. All across the country we will take pictures of people with promoting gullibility and having a great time. Update: Interesting enough this chain reaction is described as common when people driver and fail to leave enough room between the front of their car or truck the rear of the one to the front. Add speed and you've got a recipe for disaster.

On U.S. Highway 59 Marcella Schwery, 68 from Panama is thought to have crossed the center line hitting a car being driven by Christina Cotant, 26 of Avoca. It looks like three people were killed including Robert Schwery, 71 of Panama. Check out the article here. If the cause of this head-on collision is accurate then Schwery would be the at-fault driver, although if there was a medical emergency she may not have been excused from her fault. Interesting huh? More charges came out of Polk County over the filmmakers' use of tax credits. See the article here. These have to do with two California filmmakers. Can you say black eye?

From Iowa Orchard we have the Great Pumpkin caper and 220 pumpkins going missing. Seems like a sign of these bad economic times.

This is it for today, if you have a personal injury accident and need a lawyer contact the Lombardi Law Firm, 515-222-1110 or if you want a question answered you can always send us an email at sdlombardi@aol.com. After we finish the work for our clients we will fit you into our schedule. We cover the entire State of Iowa and assist clients with referrals to lawyers or law firms across the state that in my opinion know how to handle personal injury and workers' compensation work in a proper way. If we can help you let us know.

Once again we visit the mortgage fraud blog for November 5, 2011

sdlombardi@aol.com (Blog Author)68162 — Sat, 05 Nov 2011 08:00:00 EST

What's going on in the world of mortgage fraud? Almost two years ago I obtained a real estate license and am working on a brokers' license. This area is really one that will be developing on this site so if it interests you follow it as I develop the area.

Read more... 2 Charged with Foreclosure Rescue Scam 09/27/2011

Tags:Arizona Foreclosure Rescue Closing Attorney Sentenced for Mortgage Fraud 09/27/2011
Tags:Connecticut Appraisal Fraud Straw Buyer 5 Sentenced for Florida Mortgage Fraud Scam 09/26/2011
Tags:Florida Loan Fraud Investor Pleads Guilty to Bid RIgging at Foreclosure Au... 09/26/2011
Tags:California Bid Rigging Former NBA Player Charged with Real Estate Ponzi Scheme 09/26/2011
Tags:New Jersey 32 Indicted for Ohio Mortgage Scam 09/23/2011
Tags:Ohio Straw Buyer Downpayment 3 Sentenced for Mortgage Fraud Conspiracy 09/23/2011
Tags:Connecticut Property Flippers Charged with Mortgage Fraud 09/22/2011
Tags:California Property Flipping Mortgage Fraud Blog - Perp Walk - 9 new articles

In This Issue...

Hard Money Broker Convicted of Stealing
Real Estate Investment Scam Nets 9 Years in Prison
Former Bank SVP Charged with Mortgage Fraud
2 Admit Bid Rigging at Foreclosure Auctions
Man Admits Using Fraudulent Collateral to Obtain Loan
Man Sentenced for Foreclosure Rescue and Real Estate Ponzi Scheme
Jury Convicts 3 of Mortgage Fraud Conspiracy
Man Indicted for Obtaining Loan Using Another's Name
Florida Mortgage Fraudster Sentenced to 9 Years
Search Mortgage Fraud Blog - Perp Walk

Small Buildings May Not Require Fire Alarm Systems

sdlombardi@aol.com (Blog Author)67928 — Wed, 02 Nov 2011 08:00:00 EST

On July 6, 2011 Colleen Paradine died when a fire broke out at a Casey's store in La Porte City, Iowa. The Iowa Division of Labor issued a citation and in it fined Casey's $4,500. That citation was resolved favorably for Casey's and this is one of those cases that demonstrate why employers who are fined should hire one of the firms downtown that handle these types of issues. Unfortunately for Casey's the resolution of the OSHA fine will not resolve any personal injury claims or the workers' compensation claims the estate or dependents may have. The question remains how the fire started and why couldn't the worker safely escape? Report by KCRG.

State Withdraws Safety Citation Against Casey's

KCRG

(MATTHEW PUTNEY / Courier Photo Editor) By Kara Kelly LA PORTE CITY, Iowa (AP) - State workplace safety officials say Casey's General Stores Inc. will not be fined in connection with a fire that killed an employee at a store in La Porte City. ...

Briar Cliff University Construction Worker's Death Preventable

sdlombardi@aol.com (Blog Author)67789 — Mon, 31 Oct 2011 08:00:00 EST

A construction worker in Iowa at the Briar Cliff University Heelan Hall expansion was struck by falling masonry and crushed. His name was not released. The worker was Jorge Morales of North Sioux City, South Dakota. His residence will stop his family from receiving benefits in Iowa. Construction site accidents like this one are prevented by creating and then enforcing a safe-work zone. Whenever workers below are in danger proper precautions should be made. It's up to the supervisors to create and to enforce the rules, but when they fail to do so most construction contracts provide for enforcement by the general contractor.

Sioux City Worker Killed in Construction Accident at Briar Cliff University NewYorkInjuryNews (press release) Officials with the US Occupational Safety and Health Administration (OSHA) are expected to arrive at the scene to conduct their own investigation. Legal News Reporter: Nicole Howley-Legal news for Iowa construction accident lawyers.

Name of victim released in fatal Council Bluffs fire

Radio Iowa

"First-in crews did not hear a working smoke detector." Rescue workers performed CPR on the victim while they were enroute with her to a hospital, but the woman later died. Byers applauds the utility worker for his actions. "It's pushing the message to ...

___ Authorities identify 35-year-old South Dakota construction worker ...

SIOUX CITY, IOWA - Authorities have identified a construction worker who died in an incident at Briar Cliff University in Sioux City, Iowa.

Iowa State Patrol Preliminary Crash Reports for October 22, 2011

sdlombardi@aol.com (Blog Author)67272 — Sun, 23 Oct 2011 08:00:00 EST

Really these reports fall into two general categories. In one group the driver can be found to be civilly liable for causing injuries to others and in the second group the driver will never be sued and therefore no lawyer is required for civil matters. That's not to say the driver can't or won't be charged with a crime, such as when a drunk driver alone in the car crashes and injures himself.

This type of accidents, if you will and I use that term very loosely because 99% of the time someone is at fault; a car, truck, farm implement, motorcycle or bike accident kills one or more of the people involved.

In the first crash in Hamilton County the driver lived and the passenger died. This is a single car accident, a 2003 Ford Mustang that is described in the report as driving through an intersection without stopping, then lost control, headed into the ditch and rolled the car. The passenger, AJ Hanson, 27 of Webster City was killed. The driver was noted to be Gabriel Lee Hanson, 27 also of Webster City, Iowa. This is a category 1 collision because if the driver is negligent he can be liable to the estate of the passenger. In the second accident I'm going to guess the person on the bicycle died after being rear-ended by the 2009 Chevy Silverado. At this time no names have been publicly disclosed. This Lee County car-bike accident is still under investigation.

In the third fatal accident out of Floyd County two people died. Erin Lorraine Heffron, 35 from Rudd and Malcolm Davis, 71 from Wautoma, Wisconsin are listed on the report as fatalities. Heffron was driving a 1993 Toyota Camry and Davis was driving a 2000 Kenworth Tractor. Erin is in vehicle 1 and Malcolm in vehicle 2. This accident happened on Highway 27, a state highway so it's difficult to understand why the Camry is driving southbound in the northbound lane. The report doesn't indicate the car simply crossed the center line, it says he was driving south in the northbound lanes. This is a clear violation of the rules of the road, and liability should be pretty clear. I do note that the older driver is from Wisconsin and driving a tractor trailer, a fact which may indicate he was working. If that's true there may be both a personal injury suit against the offending driver and a workers' compensation case. Iowa workers' compensation benefits are really pretty good so his estate or dependents should have that aspect evaluated by an attorney licensed in Iowa. If we can assist call us at 515-222-1110 or write sdlombardi@aol.com. Steve Lombardi Link to report. Des Moines Register link to, Two dead in fiery Floyd County crash early today, Tom Alex, Reporter for Des Moines Register. http://www.desmoinesregister.com/article/20111020/NEWS/111020006/1001/

The next case is out of Audubon County on October 19, 2011 and frankly this case will more likely than not end up in litigation. The facts as stated in the Iowa State patrol report indicate either driver may be found to have been at fault or both drivers may be equally at fault. Here is the key factual conclusion that raises this issue: "AT THE SAME LOCATION THE TWO VEHICLES COLLIDED NEAR THE CENTERLINE OF THE HIGHWAY..." In this collision we have four people either injured or killed. In vehicle 1 is a 22 year old driver Jason Rattenborg from Audubon and in vehicle 2 is Kendall Ware a 55 year old from Lineville, Iowa. A 17-year-old passenger, in vehicle 1, Kristopher George Crawley, 17 is noted as a "fatality". Rattenborg, Ware and Mark Anthony Piearson (vehicle 2) were all noted to be injured and it appears seriously so. So let's discuss the what-if both drivers were at fault, then what? That simply means the passengers have a better claim than do the drivers. The passengers have a viable claim against both drivers and their auto insurers. Several clients come in and say they don't want to sue the driver because he's a friend of the family. And that may be true, but you still have to sue them to get to their insurance. That's just the way it is in Iowa so get over it. Here is the link to the preliminary report and to the full report. To read the Des Moines Register's story, One dead in head-on Audubon County crash, Tom Alex of the Register follow the linked text.

The Glenwood Accident out of Mills County appears to be one of youth driving way too fast, losing control, rolling the Jeep and tossing all the passengers out of the car. ISP's Scott Miller has a real direct summary description. The driver is 19 and the passengers 19, 21 and 23. (Felicia Hansen is 23, Jacob Wahle 19 and Tim Mahan 21. The driver is Phil Glenwood, 21 from Council Bluffs. If there was drinking involved there can be an issue of what the law refers to as complicity; but there is no indication in the preliminary report of any alcohol being involved so I don't want to imply there is. The accident time is shown as 11:55 on October 19, 2011. Here is he link to the accident report. Des Moines Register Article: Link. Description: VEH 1 WAS TRAVELING WB ON ELLINGTON AVE WHICH IS A GRAVEL ROAD VEH 1 TOPPED THE HILL AT AN EXCESSIVE SPEED LOST CONTROL ENTERED THE SOUTH DITCH ROLLED SEVERAL TIMES EJECTING THE PASSENGERS RESULTING IN ONE FATALITY.

The last preliminary report is of a Polk County, Iowa fatality on Interstate 80 between a pedestrian and 2002 Chevy Cavalier. The pedestrian is 36 and the driver of the Caviler 55. The description can be read below. It's unclear why a pedestrian would be walking on I-80. So out of respect for the pedestrian's family I'm not going to comment on this case.

Crash:

Minimal Reports 1.    A crash occurred in Hamilton County on October 21, 2011

VEHICLE 1 WAS NORTHBOUND ON R-27, THE DRIVER WENT THROUGH THE
INTERSECTION OF F-27 AND D-56 WITHOUT STOPPING AND CONTINUED
NORTH ONTO FENTON AVE, WHICH IS A GRAVEL ROAD, THE DRIVER LOST
CONTROL AND WENT INTO THE WEST DITCH, THE VEHICLE ROLLED AND
STRUCK A TREE AND CAME TO REST UPSIDE DOWN, THE DRIVER WAS
TRANSPORTED TO VANDIEST MEDICAL CENTER, AND THE PASSENGER WAS
PRONOUNCED DEAD AT THE SCENE, ACCIDENT UNDER INVESTIGATION

2.    A crash occurred in Lee County on October 21, 2011

VEH 1 AND VEH 2 WERE BOTH SB ON HWY 61
VEH 1 REARENDED VEH 2 WHICH WAS A BICYCLE
VEH 1 ENDED UP ON THE SHOULDER AND VEH 2 ENDED UP ON THE SB
LANE OF HWY 61
ACCIDENT IS STILL CURRENTLY UNDER INVESTIGATION
ASSISTED BY MONTROSE FIRE, LEE CO SO, LEE CO AMBULANCE

3.    A crash occurred in Floyd County on October 20, 2011

VEH 1 WAS SOUTHBOUND IN THE NORTHBOUND LANES, VEH 2 WAS
NORTHBOUND VEHICLES COLLIDED HEAD ON CAUSING VEH 2 TO ROLL AND
BURST INTO FLAMES, INVESTIGATION CONTINUES, ASSISTED FLOYD
COUNTY SHERIFF'S OFFICE, CHARLES CITY AND FLOYD FIRE DEPS AND
CHARLES CITY AMR AMBULANCE AND FLOYD COUNTY EMA

4.    A crash occurred in Audubon County on October 19, 2011

ON 10-19-11 AT APPROXIMATELY 2326 HOURS VEHICLE #1 WAS NORTH
BOUND ON HIGHWAY 71 JUST NORTH OF BRAYTON, VEHICLE #2 WAS
TRAVELING SOUTH ON HIGHWAY 71 AT THE SAME LOCATION THE TWO
VEHICLES COLLIDED NEAR THE CENTERLINE OF THE HIGHWAY BOTH
VEHICLES CAME TO REST IN THE WEST DITCH ACCIDENT REMAINS UNDER
INVESTIGATION BY THE IOWA STATE PATROL

5.    A crash occurred in Mills County on October 19, 2011

VEH 1 WAS TRAVELING WB ON ELLINGTON AVE WHICH IS A GRAVEL ROAD
VEH 1 TOPPED THE HILL AT AN EXCESSIVE SPEED LOST CONTROL ENTERED
THE SOUTH DITCH ROLLED SEVERAL TIMES EJECTING THE PASSENGERS
RESULTING IN ONE FATALITY 6.    A crash occurred in Polk County on October 7, 2011

PEDESTRIAN WAS WALKING IN THE MIDDLE OF THE LEFT EASTBOUND LANE
OF INTERSTATE 80, WHEN VEHICLE #1 THAT WAS TRAVELING EASTBOUND
IN THE SAME LANE STRUCK HER, VEHICLE AND PEDESTRIAN BOTH ENDED
UP IN THE INSIDE SHOULDER OF THE INTERSTATE, UNDER INVESTIGATION.

Iowa State Patrol Final Crash Reports for October 22, 2011

sdlombardi@aol.com (Blog Author)67273 — Sun, 23 Oct 2011 08:00:00 EST

Today there are five full reports. The first is out of Mills County and I've covered that accident on the preliminary reports blog post so you can follow this link to review it and I'm not going to review it again here. The other four are out of Johnson, Webster, Marshall and Lee Counties.

The Johnson County case is a two-vehicle accident on Highway 6. The sequence of events leading to this deadly crash started when the right side tires dropped off the paved surface and onto the shoulder on a curve. That drop and probably the resulting loss of steering ability caused the driver to pull hard to the left which then started the deadly sequence of accident events. The car ended up across the center line probably right in the path of an oncoming car. Drivers started making split-second decisions and that's when things really started getting ugly and a collision ensued.

So who is involved in this accident? Zachary Swenka (vehicle 1), 18, Bryan Cooling, 47 (vehicle 2); passengers included Toni Cooling (42), Daniel Bechtel (15), Dustin Cox (16), Chloe Keith (14), Claire Riggan (14) and Mackenzie Lown (14). The first car, the Chevy Lumina appears to have had 6 people in it. The second, a 2010 Honda had two people in it. This is a mess with all these lives disrupted. From the report it's my opinion fault will be placed on Swenka and certainly not on Cooling. I wish it were easy to say I don't see a lot of this, but I do and many of these accidents are being caused by digital distractions by drivers not paying attention to their driving. I'm not saying this one was but I am seeing a lot that are. If we can help, give us a call (Barbara will probably answer the phone) or drop me an email. Steve Lombardi 5150222-1110 or sdlombardi@aol.com. Link to this full report.

I'm going to skip the Konecne accident out of Webster County since it appears to be of the second category of accidents. To read the report you can follow this link.

This brings us to the fourth accident for today, the Yeager-Clapsaddle Accident out of Marshall County, Iowa on October 12, 2011 on Highway 30 at Jessup Avenue. This is a failure to yield case or in layman's terms, a stop sign case. We have the guy driving vehicle one not stopping and the car that has the right of way crashing into him. Pretty simple really; involved were Gordon Yeager, 94 (age related also?), Charles Clapsaddle, age 64, Norma Yeager (90) and Barbara Clapsaddle age unknown. To read the report follow this link: 2011.10.12. Marshall County Yeager vs Clapsaddle Iowa State Patrol Crash Reports.

Okay I've got grass to mow and leaves to pick up so let's get to the final fatality report from an accident out of Lee County. The accident location is south of Highway 2/W-78 in a farm pond. Hoyt Reynolds is reported as the 26 year old driver of the first car, a 1994 Pontiac Grand Prix. No other car is noted to be involved. A passenger, Thomas Walljasper was noted to have died. The description is of particular interest because of the facts described. We have a car not stopping for a stop sign, then entering a farm yard, continuing on to a pond, going into the pond where the passenger is noted to have drowned. The accident time is noted to be 10:30 pm although I'm not sure how that was determined. Read the description below. Very strange to say the least because one is led to believe alcohol may have been involved due to the fact the report indicates a blood and urine test were performed to determine if alcohol was involved. The autopsy of the passenger will be instructive on his level of sobriety. No conclusions can be reached about the facts of this accident until after all chemical tests have been finalized. I do see quite a few drunk driver civil lawsuits and lawsuits against the bar for serving someone either while intoxicated or to the point of becoming intoxicated. The intoxicated driver then goes out and kills themselves or causes injury to someone else. If the drunk driver kills themselves the dependents can sue the bar for damages. If you have such a case and we can help you either call the office of drop me an email. sdlombardi@aol.com or 515-222-1110. Fax us the report if you have one and follow this link to read this report. Fax: 515-222-0718.

Full Reports 1. A crash occurred in Mills County on October 19, 2011

UNIT 1 WAS EASTBOUND ON HIGHWAY 6 AND UNIT 2 WAS WESTBOUND ON HIGHWAY 6. AS UNIT 1 TRAVELED THROUGH THE CURVE, WEST OF THE 242 MILE MARKER, UNIT 1'S LEFT THE TRAVEL LANE TO THE RIGHT AND THE RIGHT SIDE TIRES DROPPED OFF ONTO THE SHOULDER. DRIVER 1 STEERED TO THE LEFT AND UNIT 1 CROSSED THE CENTER LINE. DRIVER 1 THEN STEERED TO THE RIGHT ATTEMPTING TO AVOID ONCOMING UNIT 2. UNIT 2 COLLIDED WITH THE LEFT REAR SIDE OF UNIT 1 CAUSING MASSIVE DAMAGE TO THE LEFT REAR PASSENGER COMPARTMENT OF UNIT 1. UNIT 2 SUSTAINED SEVERE CRUSHING DAMAGE TO THE ENGINE COMPARTMENT. THEIR WAS NO INTRUSION TO THE PASSENGER AREA OF UNIT 2. UNIT 1 CAME TO REST IN THE NORTH DITCH OF HIGHWAY 6 FACING EAST. UNIT 2 CAME TO REST FACING SOUTH ON THE NORTH SHOULDER OF HIGHWAY 6.

2. A crash occurred in Johnson County on October 17, 2011

3. A crash occurred in Webster County on October 15, 2011

UNIT ONE A MOTORCYCLE WAS NORTHBOUND ON BRUSHY CREEK RD AT A HIGH RATE OF SPEED. UNIT ONE FAILED TO NEGOTIATE A CURVE AND WENT OFF THE ROAD RIGHT AND STRUCK A TREE...

4. A crash occurred in Marshall County on October 12, 2011

UNIT 2 WAS WESTBOUND ON HWY 30 WHEN UNIT 1 FAILED TO YIELD FROM THE SOUTHBOUND STOPSIGN AT JESUP AVE. UNIT 2 ATTEMPTED TO AVOID UNIT 1 BUT WAS UNABLE TO AVOID STRIKING UNIT 1. ALL OCCUPANTS WERE TRANSPORTED AWAY FOM THE SCENE PRIOR TO TROOPERS ARRIVAL AND POSITIVE CONFIRMATION COULD NOT BE MADE THAT OCCUPANT RESTRAINTS WERE IN USE DURING THE TIME OF COLLISION..

5. A crash occurred in Lee County on October 11, 2011

UNIT ONE WAS SOUTHBOUND ON W78. UNIT FAILED TO STOP AT THE STOP SIGN AT THE HWY 2 INTERSECTION. UNIT 01 CONTINUED SOUTH ACROSS HWY 2 AND ENTERED A RURAL RESIDENCE YARD. UNIT 01 CONTINUED SOUTH, ENTERED A FARM POND AND SUBMERGED. DRIVER OF UNIT 01 ESCAPED FROM THE VEHICLE AND APPARENTLY BECAME UNCONSCIOUS NEAR THE POND. THE DRIVER WENT FOR HELP ON THE MORNING OF 0CTOBER 12TH. THE PASSENGER WAS REMOVED FROM THE VEHICLE WHEN IT WAS LOCATED AND RETRIEVED BY DIVERS THE MORNING OF OCTOBER 12TH. THE TIME OF THIS COLLISION IS UNKNOWN. ACCORDING TO THE DRIVER IT WAS APPROXIMATELY 22:00 HRS TO 23:00 HRS. DRIVER STATED THAT HE WAS ATTEMPTING TO MAKE A CELL PHONE CALL JUST PRIOR TO THE COLLISION.

Polk County, Iowa Car/Truck Accidents for October 22, 2011

sdlombardi@aol.com (Blog Author)67275 — Sun, 23 Oct 2011 08:00:00 EST

Polk County car and truck accidents are too numerous to review today. We have a lot to do to prepare for cases we already represent people and have to get organized for this coming week. For those with a case who want us to assist please give us a call or send us an email. 515-222-1110 or sdlombardi@aol.com.

Crash: Minimal Reports 1. A crash occurred in Polk County on October 7, 2011

PEDESTRIAN WAS WALKING IN THE MIDDLE OF THE LEFT EASTBOUND LANE
OF INTERSTATE 80, WHEN VEHICLE #1 THAT WAS TRAVELING EASTBOUND
IN THE SAME LANE STRUCK H ...

Full Reports

1.    A crash occurred in Polk County on October 19, 2011

BOTH UNITS WERE WESTBOUND ON I-80 AT THE 133 MM. UNIT ONE WAS IN THE MIDDLE LANE AND UNIT TWO WAS IN THE LEFT LANE. UNIT TWO ATTEMPTED TO CHANGE LANES TO THE CE ...

2.    A crash occurred in Polk County on October 17, 2011

UNIT #1 WAS TRAVELING EASTBOUND ON I80 NEAR THE 139 MILE MARKER. UNIT #1 COLLIDED WITH A DEER IN THE CENTER LANE OF TRAVEL. UNIT #1 WAS ABLE TO MOVE OFF THE SHO ...

3.    A crash occurred in Polk County on October 17, 2011

VEHICLE 1 WAS EXITING INTERSTATE 80 AT THE 137B EXIT MERGING ONTO INTERSTATE 35 NORTH BOUND. THE DRIVEROF VEHICLE 1 LOST CONTROL OF THE VEHICLE CAUSING IT TO G ...

4.    A crash occurred in Polk County on October 17, 2011

VEHICLE 1 WAS EASTBOUND I-80 AT THE 139.5MM IN THE LEFT LANE. VEHICLE 1 STRUCK DEER WITH RIGHT FRONT OF VEHICLE 1. VEHICLE 1 THEN EXITED TO INSIDE SHOULDER WI ...

5.    A crash occurred in Polk County on October 14, 2011

UNIT #1 WAS TRAVELING NORTHBOUND ON I35 NEAR THE 94.6 MILE MARKER. THIS WAS A CONSTRUCTION ZONE, AND A TEMPORARY CONCRETE BARRIER WAS ESTABLISHED ON THE RIGHT/O ...

6.    A crash occurred in Polk County on October 14, 2011

UNIT #1 WAS TRAVELING IN THE CENTER OF THREE LANES, NORTHBOUND ON EAST 15TH. UNIT #2 WAS TRAVELING NORTHBOUND IN THE FAR LEFT LANE ON EAST 15TH. UNIT #1 THOUGHT ...

7.    A crash occurred in Polk County on October 13, 2011

VEHICLE 1 WAS NORTHBOUND ON HWY 65 AT THE 91 MILE MARKER. VEHICLE 1 THEN STRUCK A DEER.

8.    A crash occurred in Polk County on October 13, 2011

UNIT 2 WAS NB ON I-35. TRAFFIC WAS BACKING UP FOR THE ORALABOR EXIT. UNIT 1 (RUN VEHICLE) CHANGED LANES AND MADE CONTACT WITH THE RIGHT FRONT OF UNIT 2. UNIT ...

9.    A crash occurred in Polk County on October 12, 2011

HEAVY TRAFFIC TRAVELING SOUTHBOUND ON I35. VEHICLE 1 WAS FOLLOWING TOO CLOSE TO TRAFFIC AHEAD OF HER AND LOST CONTROL AS TRAFFIC WAS SLOWING DUE TO WEATHER COND ...

10. A crash occurred in Polk County on October 12, 2011

VEHICLE #1 AND 2 WERE NB IN THE LEFT LANE LOOKING AT A PREVIOUS ACCIDENT ON THE SOUTH BOUND SIDE. VEHICLE #1 WAS FOLLOWING VEHICLE #2 TOO CLOSELY. WHEN NORTH ...

11. A crash occurred in Polk County on October 12, 2011

UNIT #1 WAS TRAVELING SOUTH BOUND ON INTERSTATE 80 AT APPROXIMATELY THE 96 MILE MARKER AND WAS UNABLE TO STOP OR SLOW DOWN IN TIME BEFORE REAR ENDING UNIT #2. ...

12. A crash occurred in Polk County on October 12, 2011

VEHICLE 4 (IOWA STATE PATROL CAR) WAS SITTING STATIONARY ON THE INSIDE SHOULDER OF INTERSTATE 35 JUST SOUTH OF THE 97 MILE MARKER WITH ALL THE EMERGENCY LIGHTS ...

13. A crash occurred in Polk County on October 12, 2011

UNIT #1 WAS SOUTHBOUND ON INTERSTATE 35 AT APPROXIMATELY THE 97 MILE MARKER AND WAS DRIVING TO FAST FOR THE CONDITIONS AND REAR ENDED UNIT #2. UNIT #2 WAS S ...

14. A crash occurred in Polk County on October 12, 2011

VEHICLE 1 TRAVELING WB ON I80 IN THE MIDDLE WHEN ANOTHER VEHICLE IN THE OUTSIDE LANE ATTEMPTED TO CHANGE LANES INTO THE PATH OF VEHICLE 1. VEHICLE 1 SWERVED ...

15. A crash occurred in Polk County on October 12, 2011

VEHICLE #2 COULD NOT GET SLOWED/STOPPED IN TIME, AND CRASHED INTO THE REAR OF VEHICLE #1 THAT WAS SLOWING DUE TO TRAFFIC IN FRONT OF HER SLOWING AS WELL.

16. A crash occurred in Polk County on October 11, 2011

VEHICLE 1 WAS EASTBOUND ON INTERSTATE 80 AT ABOUT THE 138MM IN THE EAST MIX MASTER. VEHICLE 2 WAS MERGERING ONTO INTERSTATE 80 EASTBOUND AT THE 138MM FROM INTE ...

17. A crash occurred in Polk County on October 10, 2011

UNIT #1 WAS TRAVELING EASTBOUND ON I80. UNIT #1 TOOK THE RAMP TO MERGE ONTO I235 WESTBOUND. UNIT #1 WAS SLOWING DUE TO A VEHICLE IN FRONT OF HIM LOSING CONTROL. ...

18. A crash occurred in Polk County on October 10, 2011

VEHICLE #1 WAS ENTERING E.B. INTERSTATE 80 FROM S.B. INTERSTATE 35 WHEN THE DRIVER LOST CONTROL AND CROSSED ALL 3 LANES OF INTERSTATE 80. THE VEHICLE THEN ENTE ...

19. A crash occurred in Polk County on October 10, 2011

UNIT WAS SLOWING FOR A STOPLIGHT THAT HAD JUST TURNED YELLOW WHEN SHE WAS STRUCK FROM BEHIND BY UNIT 2 WHO DID NOT ANTICIPATE UNIT 1 STOPPING.

20. A crash occurred in Polk County on October 8, 2011

UNIT ONE WAS NORTHBOUND ON EAST 15TH STREET. UNIT TWO WAS EASTBOUND FROM DES MOINES STREET. UNIT TWO FAILED TO YIELD FROM A STOP SIGN AND WAS STRUCK BY UNIT ONE ...

What are ROPs? Roll-over protection and tractors.

sdlombardi@aol.com (Blog Author)67277 — Sun, 23 Oct 2011 08:00:00 EST

Rollover protection is what keeps the driver safe when the tractor rolls over usually when riding along an incline, such as a terrace or ditch. There are two parts of safety equipment that keeps a rider alive. The first is the ROPs and the second a seat belt being worn at the time of the rollover. None of us are safe without both. Here is a recent story where ROPs are important to maintaining a safe tractor driving/working experience.

Iowa man injured in tractor rollover rescued by Johnson County ...
The Republic
AP OXFORD, Iowa - Authorities say a man injured in a tractor accident near Oxford was rescued by a Johnson County road worker. The Johnson County sheriff's ...

Iowa man injured in tractor rollover
CanadianBusiness.com
By AP | October 12, 2011 OXFORD, Iowa (AP) - Authorities say a man injured in a tractor accident near Oxford was rescued by a Johnson County road worker. ...

Authorities say road worker used grader to free man trapped under ...
The Gazette: Eastern Iowa Breaking News and Headlines
A county worker spotted the man and push the tractor off of him by using a road grader. The man was airlifted to the University of Iowa Hospitals and ...

Iowa man injured in tractor rollover
cbs4qc.com
OXFORD, Iowa (AP) - Authorities say a man injured in a tractor accident near Oxford was rescued by a Johnson County road worker. ...

Road worker uses machine to free man pinned under tractor
The Gazette: Eastern Iowa Breaking News and Headlines
On-scene authorities said a Johnson County road worker happened to be passing ... Greg Hipple said the injured man was airlifted to the University of Iowa ...

Tower worker falls to his death.

sdlombardi@aol.com (Blog Author)67278 — Sun, 23 Oct 2011 08:00:00 EST

An Iowa man working in Massachusetts fell from a 500 foot tower and died. We've covered fall arrest protection gear previously and can't stress enough the importance of knowing why workers need it as an essential tool in their tool chest. The question isn't whether you can prevent a fall by tempting fate, the question is when you fall will the fall be arrested. It's really that simple.

We were contacted by Paul Shnurr of the Hailo Company, a company that supplies man-lifts to wind mill owners and other high rise structures. Follow the link to see how your workers can be safe while saving money. I've copied Paul's email to me into this blog post. Here are the links to the story.

Iowa man dies in Massachusetts fall

Fort Dodge Messenger

A worker identified as an Iowa man was killed in a fall from a communications tower west of Boston Wednesday. Matt Peterson, spokesman for American Tower ...

Worker killed after falling 500 feet from tower

My Fox Boston

NEWTON (FOX 25 / MyFoxBoston.com) - A worker has been killed in a fall from a ... The victim has not been identified but it is believed he is from Iowa. ...

American Tower Corp. worker killed in 500-foot fall near Boston

Radio-Info.com

The unidentified man, originally from Iowa, was a contractor for American Tower Corp. The company says "We are deeply saddened by the death of one of our ...

Subject:

wind mill industry/ possible saving workers compensation

Date:

10/10/2011 4:58:36 P.M. Central Daylight Time

From:

pschnurr@hailo.us

Reply To:
To:	sdlombardi@aol.com

Dear M. Lombardi, My name is Paul Schnurr and I work for Hailo US. Hailo, a company that mostly serves the wind mill industry and renewable energy sector. Our products are mainly safety access components, such as climbing ladders, fall arrest safety systems and man-lift/elevators for service wind tower technician. I am reaching out to you today to receive your advice and guidance on how we can show and proof that companies who have service technicians going up and down a wind mill tower will save money with installing a man-lift (elevator for service technician) inside their tower. I did some investigation and learned that due to climbing a ladder the chances that the technician receives sooner or later joint problems/pain related to climbing a 260 feet tower (about 24 stories tower) are very high. I learned also that this will increase the company's workers compensation rate. With using a man-lift (elevator for service technician) those issues will not arise BUT will the opposite will happen. I learned that the workers compensation rate can be reduced due to the reason that a man lift inside of a tower is considered being safer than climbing a ladder! Is this information correct? The most wind mills (over thousands) across the USA do not have a man-lift installed because companies do not see the actual $ of savings in workers compensation due to an installation of a man-lift. I kindly would like to ask if you could please help me to show how much a company would save by installing a man-lift. Also, when I look from an emergency perspective and a technician needs to be rescued a distance of 260feet on a ladder which will take very long and with that may have significant impact on the rescued person who needs urgent professional help. Please find some pictures for more information as followed: Wind mills man-lift for wind mills climbing a wind mill on a ladder to reach the engine room (climbing up to 260feet) Side note: When we look at buildings almost every 4th or 5th story building has an elevator installed but how can it be that a 260feet wind mill tower (about 24 stories) does not have a man-lift for the technician. Could this industry also be compared to the mining industry? I believe every mine has a man-lift/elevator. I am very thankful for your help and advice! Thanks and have a blessed day! Paul Schnurr

Add a cell phone to driver distractions and I-80's Speed Causes Truck Accidents

sdlombardi@aol.com (Blog Author)67279 — Sun, 23 Oct 2011 08:00:00 EST

We have I-80 that goes east to west directly through central Iowa, where I practice law and live. I'm on I-80 quite often and notice the drivers not paying attention to their driving because they are either on the phone, texting or even watching the screen of a computer. So what should you do after you're sitting in the hospital laid up because someone has caused a crash? You need to think about proof; what evidence will you need to prove you weren't the one at fault for causing this accident. Can you prove that? If not or if you simply want to protect your rights and claim, then give us a call.

Steve Lombardi, Attorney with over 30 years of experience in civil litigation. sdlombardi@aol.com or 515-222-1110. Two Fatal Accidents On Interstate 80
KOLO
Two people were killed in a collision that happened near mile marker 46 on I 80 east bound, that's near Fernley. It happened about a half an hour ago. ...

KTVN Channel 2 - Reno Tahoe News Weather, Video - Two Separate ...
KTVN
The first crash happened around 9:30 pm on I-80 about five miles west of Lovelock ... Troopers say a gold Mercedes Benz sedan had a head-on collision with a ...

Collision Involving Two Big Rigs on I-80 | Otus Law Group Blog
A big rig jackknifed on Interstate 80, causing another big rig to collide into it and ... The accident caused backed-up westbound traffic and there were reports that ...

Nebraska Bus vs Semi Truck Accident on I-80
KMEG 14
More than 40 people were hurt in a crash involving two semis and a bus on westbound Interstate 80 near Gibbon, Nebraska early Thursday. The Nebraska State Patrol says the crash happened around 2:00 o'clock in the morning. The Burlington Trailways bus ...

Semi-Truck Crash Kills Two Pottawatomie County Deputies on Hwy 39
Justice News Flash
Pottawatomie County, OK - A semi-truck accident left two Pottawatomie County police officers dead Friday evening, September 30, 2011, when the semi pulled out in front of the officer's patrol car. The fatal semi-truck crash occurred on Highway 39, ...

Semi truck driver hurt in morning crash
Review Times
Esler's condition was unknown at press time and the accident remains under investigation. NOTE: If you are having problems viewing this Web page, please contact our Internet Department to help us diagnose and correct the problem. ...

Sprinkle Road reopened after crash involving semi truck; 2 people hospitalized
Kalamazoo Gazette - MLive.com
By Ted Yoakum Ted Yoakum / Kalamazoo GazetteThis semi-tractor trailer was involved in a crash this morning on Sprinkle Road near Covington. The crash occurred at about 6:25 am, when a semi truck failed to stop at the southbound light between Sprinkle ...

Driver dead after collision with semi-truck
CBC.ca
Beginning of Story Content The male driver of this car is dead after an accident involving a semi-truck Tuesday morning. CBCThe male driver of this car is dead after an accident involving a semi-truck Tuesday morning. CBC One man is dead after his car ...

Driver in Highway 99 accident dies
Lodi News-Sentinel
The driver of a semi-truck involved in Thursday morning's accident that stalled traffic for hours on southbound Highway 99 died, according to California Highway Patrol. The driver, a 42-year-old man from Tracy, succumbed to his injuries and was ...

Remember bad weather is on the way.

sdlombardi@aol.com (Blog Author)67280 — Sun, 23 Oct 2011 08:00:00 EST

As we approach the icy winter months in Iowa keep your eyes open when you are on I-80 or I-35. Put down the cell phones and maintain a vigilant eye on the road conditions. We all know it's coming and that means put away the digital distractions.

Weather Leads to Dangerous Conditions on I-80
KTXL
The sun peeked out every once in a while and there is no snow on the ground near Blue Canyon off Interstate 80, but that doesn't mean it isn't dangerous. ...

Man dies after struck by semi on I-80 near Saltair
Fox 13 Now - Salt Lake City
A man walking on Interstate 80 was killed Saturday morning after a semi struck him on the road near Saltair. Salt Lake County Sheriff's say at about 12:55 ...

East Moline police report for Oct. 4, 2011
Quad-Cities Online
Offense/s Listed: SPEEDING 2011-005436 On 10/5/2011 02:18 AM a report that the following incident occurred at/near I80 EAST MOLINE at approximately 02:18 AM ...

Crossing the center line by being distracted

sdlombardi@aol.com (Blog Author)67022 — Wed, 19 Oct 2011 08:00:00 EST

I read another car accident report where it's being concluded, at least by the police, that one car crossed over the center line and hit another. This is the case I reported about earlier. Some of these accidents, and I can't say this is one of them, the driver is distracted and that distraction causes them to not pay attention to their driving. It's the inattentiveness to the driving that causes the car to drift and when it drifts over the center line that is what causes the collision.

Digital distractions are a major source of car accidents. Distracted drivers are a menace to the roads, streets, highways and interstate. People have to get a clue about putting down the phones and paying attention the task at hand: DRIVING.

People are literally dying, being killed because someone wants to talk or text on their phone. Get a clue folks, because your life may depend on it. Here is the link to the article.

One dead, one injured in Polk County accident by DAR DANIELSON on SEPTEMBER 28, 2011 in FIRES/ACCIDENTS/DISASTERS One person died and another was injured today in an accident early today in Polk County near Runnells. The Polk County Sheriff's department says 21-year-old James Calhoun of Pleasantville crossed the centerline and his Lexus struck a Chevy Blazer head on. Calhoun was pronounced dead at the scene.

Crossing the center line by being distracted by cell phone

sdlombardi@aol.com (Blog Author)67023 — Wed, 19 Oct 2011 08:00:00 EST

What is mortgage fraud?

sdlombardi@aol.com (Blog Author)66876 — Mon, 17 Oct 2011 08:00:00 EST

Mortgage fraud takes many forms. In another blog I will review the general types of mortgage fraud. But, in this blog I'll provide links to several examples of recent cases that were successfully prosecuted.

Read more... 2 Charged with Foreclosure Rescue Scam 09/27/2011
Tags:Arizona Foreclosure Rescue Closing Attorney Sentenced for Mortgage Fraud 09/27/2011
Tags:Connecticut Appraisal Fraud Straw Buyer 5 Sentenced for Florida Mortgage Fraud Scam 09/26/2011 Tags:Florida Loan Fraud Investor Pleads Guilty to Bid RIgging at Foreclosure Au... 09/26/2011
Tags:California Bid Rigging Former NBA Player Charged with Real Estate Ponzi Scheme 09/26/2011
Tags:New Jersey 32 Indicted for Ohio Mortgage Scam 09/23/2011
Tags:Ohio Straw Buyer Downpayment 3 Sentenced for Mortgage Fraud Conspiracy 09/23/2011
Tags:Connecticut Property Flippers Charged with Mortgage Fraud 09/22/2011
Tags:California Property Flipping Mortgage Fraud Blog - Perp Walk - 9 new articles

In This Issue...

Hard Money Broker Convicted of Stealing
Real Estate Investment Scam Nets 9 Years in Prison
Former Bank SVP Charged with Mortgage Fraud
2 Admit Bid Rigging at Foreclosure Auctions
Man Admits Using Fraudulent Collateral to Obtain Loan
Man Sentenced for Foreclosure Rescue and Real Estate Ponzi Scheme
Jury Convicts 3 of Mortgage Fraud Conspiracy
Man Indicted for Obtaining Loan Using Another's Name
Florida Mortgage Fraudster Sentenced to 9 Years
Search Mortgage Fraud Blog - Perp Walk

Top Ten Reasons by Mountaineers For Not Giving Back the Engagement Ring

sdlombardi@aol.com (Blog Author)66877 — Mon, 17 Oct 2011 08:00:00 EST

1, I went trekking, the wind picked up and it's still in my sleeping bag at 16,000 feet somewhere over China.

2.    I was suffering from hypoxia and lost it somewhere on the mountain while attempting to summit Mt. Everest. 3.    It fell into a squat toilet in Phakding, but I'm happy to tell you where to get another.
4.    Out of gratitude, I gave it to the Sherpa that saved my life.
5.    Out of necessity, I needed money for food in Kathmandu and sold it for 10,000 Rupees.
6.    Out of the kindness of your heart, I donated it to an orphanage in Tanzania, Africa.
7.    Just because they could, a Russian soldier took it from me while heading to Mt. Elbrus in Russia.
8.    Due to sovereign debt problems beyond my control, the Communist government in Argentina took it from me when entering the country as I headed to Aconcagua.
9.    Out of luck, I was living with the Maasai for a week while walking across Kenya and it went missing one night.
10. Out of Africa - You'll never believe what happened to me as I was on a walking safari between villages... I was outrunning a hippo when suddenly I fell, the ring came off and the rest is history. I can give you the GPS coordinates if you'd like.

To see other articles on this subject visit us at the Lombardi Law Firm:
Family Law: Broken hearts and other disappointments www.lombardilaw.com/.../family-law-broken-hearts-and-other-...Cached - Similar But who gets the engagement ring when the wedding is called off? In this article Steve Lombardi discussed the hows and questions to ask about whether this ...
Des Moines Accident Attorney and Iowa Worker's Comp Lawyer ... www.lombardilaw.com/Cached - Similar DEPOSITION PREPARATION MADE EASY · Family Law: How do I get the engagement ring returned? Auto Safety: Why do car and motorcycle accident cases ...
Family Law - Broken Heart - Must I Give Back the Engagement Ring? www.lombardilaw.com/.../family-law-broken-heart-must-i-give-back...Cached - Similar Nov 17, 2008 - Question: My daughter's 'ex' future father-in-law is asking her to return her engagement ring over a year after his son broke off the engagement. ...
Family Law - Broken Heart - Must I Give Back the Engagement Ring? www.lombardilaw.com/.../family-law-broken-heart-must-i-give-back...Cached - Similar Nov 17, 2008 - Question: My daughter's 'ex' future father-in-law is asking her to return her engagement ring over a year after his son broke off the engagement. ...
Library Category: Client Toolbox www.lombardilaw.com/library/client-toolbox/Cached Family Law: How do I get the engagement ring returned? Breaking up is hard to do. But who gets the engagement ring when the wedding is called off? ...
Trial Practice - Mostly for non-lawyers Blog www.lombardilaw.com/blog/trial-practice-mostly-for-nonlawyers/Cached Question: My daughter's 'ex' future father-in-law is asking her to return her engagement ring over a year after his son broke off the engagement. Is she obligated ... To sell the engagement rings after the breakup go to this linked site.

Another ATV Related Death in Sioux Center, Iowa

sdlombardi@aol.com (Blog Author)66878 — Mon, 17 Oct 2011 08:00:00 EST

This time it was a 12 year old boy from Sioux Center. The news report has the youngster losing control and striking a utility pole. On the ATV was a five year old passenger. This story brought to us by Radio-Iowa. Sioux Center boy dies in ATV accident, October 5, 2011.

For additional information about parent supervision, safe riding habits, safety training courses and wearing helmets read these articles. ·
Helpful Internet Safety and Personal Injury Resources | Lombardi ... www.lombardilaw.com/resources.cfm ATV, Bike & Motorcycle Accidents · Wearing a helmet can save your life and your brain. Motorcycle Crash in Black Hawk County · Motorcycles and Trucks are an ... ·
What rules will apply to using an ATV on public lands in Iowa? www.lombardilaw.com/.../what-rules-will-apply-to-using-an-atv-on-... For an ATV or motorcycle, the passenger must be seated behind the operator and ... A valid driver's license is required to operate an ATV or motorcycle when ... ·
Des Moines Accident Attorney and Iowa Worker's Comp Lawyer ... www.lombardilaw.com/ ATV, Bike & Motorcycle Accidents · Wearing a helmet can save your life and your brain. Motorcycle Crash in Black Hawk County · Motorcycles and Trucks are an ... ·
ATV SAFETY: PROTECTING THE DRIVER AND PASSENGER www.lombardilaw.com/.../atv-safety-protecting-the-driver-and-passe... ATV rollover accidents cause serious personal injury and can kill the driver and passenger. In this article we discuss one Iowa accident that killed the driver and ... ·
We are thinking of buying an ATV, what Iowa laws must we follow? www.lombardilaw.com/.../we-are-thinking-of-buying-an-atv-what-io... No one under 12 can operate an ATV unless on private land. No one under 18 can operate an ATV on public lands unless they possess a safety training ... ·
Another ATV Accident in Grundy County, Iowa www.lombardilaw.com/.../another-atv-accident-in-grundy-county-io... Sep 26, 2011 - Iowa ATV Accident Legal Lawyer Analysis and Commentary contact Steve Lombardi at 515-222-1110 or sdlombardi@aol.com. Lawyer with 30 ... ·
Some bad ATV crashes | Lombardi Law Firm www.lombardilaw.com/video/some-bad-atv-crashes.cfm Mar 22, 2009 - If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us. ·
ATV, Bike & Motorcycle Accidents Blog www.lombardilaw.com/blog/atv-bike-motorcycle-accidents/ Another Iowa ATV death from the Cedar Rapids area. Iowa personal injury ... 515-222-1110. Labels: accidents ATV injury iowa lawyer personal. 6/23/2011 ... ·
ATV Accidents | Lombardi Law Firm www.lombardilaw.com/video/atv-accidents.cfm Mar 22, 2009 - There is an ATV Safety (having to do with death and injury from ATV's) page by the government where you can learn about the ATV safety ... ·
Another Iowa ATV death from the Cedar Rapids area www.lombardilaw.com/.../another-iowa-atv-death-from-the-cedar-ra... Jul 4, 2011 - Iowa personal injury accidents call the Lombardi Law Firm. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110. - 515-222-1110 ...

Auger Accidental Deaths are Rare

sdlombardi@aol.com (Blog Author)66879 — Mon, 17 Oct 2011 08:00:00 EST

Radio Iowa reported "Auger accident claims the life of Dubuque County farmer" on September 29, 2011, Janelle Tucker, KMCH, Manchester. They don't say exactly how the accidental entanglement occurred and I'd be interested to know more about it. Shields have taken a front row with grain auger safety. From what we used to see in the early 80's it's both a welcomed relief and makes this accident sort of surprising. There were two ways that farmers used to get caught. Actually there are more than two pinch-points but these two used to be the main points of contention.

1. Uncovered gathering points where the auger was exposed and grain was dropped out of the gravity boxes and into a put or container box.

2. The underside where the turning shaft would catch loose clothing, pulling farmers into the turning shaft and between the main auger tube. These tools of the farming trade are as unforgiving as a woman scorned.

Auger Accident kills Dyersville Farmer, KWWL. - This article indicates Michael Duetmeyer, 41, Dyersville, Iowa indicates the farmer was working alone inside a silo using a sweep auger when it caught he lead line. That's a different type of accident then I've described above. Nevertheless it's still quite dangerous and points out another danger of farming in America.

Right after you trip and fall think about what made you trip

sdlombardi@aol.com (Blog Author)66880 — Mon, 17 Oct 2011 08:00:00 EST

There are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers' compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel. The matter was a trip-fall type of claim. We lawyers refer to them as premise liability cases. Premise liability is a difficult case to prove, you really need an artificial defect in the property to win these cases. By artificial defect I mean something created by the owner, the lessee, the business that increased the risk of injury. So, a snowy or icy condition in Iowa during the month of January isn't in and of itself going to get anyone excited about your case. On the other hand if the shop owner has allowed snow and ice to accumulate for a week without walking outside and shoveling it, that might get someone interested in your case.

On the other hand twenty minutes into the snow storm, you fall, it's a loser.

Have the building owner drain melting snow and ice across the walk to the entranceway door and you are now talking too about an artificial condition that increases the risk of injury to store patrons. That's a winner, but the 20" into the snow storm case isn't. You get my drift.

So when a potential client phones a lawyer saying they tripped on something, fell and injured themselves, but has no photographs of the condition and frankly have no clue about why they tripped - that case is going nowhere fast. It won't end up on my docket. That's not a case we can take and it's certainly not a case you can win.

Before you call the lawyer ask yourself this question: What did I trip or slip on and is it an artificial condition that increased the risk of injury?

And one more thing, don't believe for a second that your case won't be characterized by the insurance adjuster and the business owner as frivolous. Because it will be. There seems to be a huge disconnect between our clients thinking somehow the laws they voted for won't be used against them. Trust me you're no different than the guy you characterized as having a frivolous lawsuit. So don't assume for a second that you will be treated differently than other people - in this there is a huge disconnect.

So this week's call had this as a part of the discussion. I asked what made the woman fall and he said, "What difference should it make what made her fall?"

This is our challenge - how do you argue the Golden Rule, without arguing it? Or how do we change the Supreme Courts mind about being able to argue the Golden Rule? You are all part of the McDonald's Coffee Case Syndrome. Get used to it. Now can I Supersize that lawsuit sir?

After the break up why should I give back the engagement ring?

sdlombardi@aol.com (Blog Author)66185 — Thu, 06 Oct 2011 08:00:00 EST

This week I received another call about an engagement ring dispute. He bought the ring, spend nearly two thousand dollars for it, they broke up and she moved out of state. He's been trying to get the ring, but she refuses. I'm guessing she's enjoying making his life just a little bit miserable. As my mother is fond of saying, "Steve, misery loves company." Yes Mom it does.

So what is this guy supposed to do about getting his ring returned? I told him to sue her in small claims court in Iowa and force to either come back or else obtain a judgment against her. If I were her I'd just hand it back to him because there will be a day in the future when she has another BF and this is going to come back to haunt her. It won't look good and sends the wrong message. So why should she give the ring back?

Here is a starting point.

To show that you're a bigger person.
Because keeping it is dwelling on the negatives in your life and that's not healthy.
Because dating someone else and having to explain why you have a diamond from someone else, creates and awkward situation.
Because breaking up is hard enough, and this ain't helping.
How about because it's good therapy to just get over it.
Because if you don't you're going to get sued by your ex.
Because your heart won't mend by keeping it. Because it was too small to begin with.
Because the law requires you to return it.

To sell your engagement ring see "Out Of Your Life"

I fell on a sidewalk who is responsible?

sdlombardi@aol.com (Blog Author)65927 — Mon, 03 Oct 2011 08:00:00 EST

Question

I fell while I was out walking, I tripped on a bad sidewalk. What are my options?

Answer Preview

As Mr. Luedeman points out this isn't a simple matter. You have to know the owners of the adjacent property, the law of the jurisdiction (town, city or county), what exactly you tripped on, the lighting conditions, whether it was an open and obviousl defect, whether you were negligent or should have taken a different route. You need to visit with an attorney.

Leaving the scene of an accident and Iowa's drunk driver

sdlombardi@aol.com (Blog Author)65875 — Sun, 02 Oct 2011 08:00:00 EST

I read about a driver from Northwood, Iowa accused of hitting a 7-year-old girl who was walking to a stopped school bus in rural Worth County. She later died from the injuries. The driver of the truck or car is alleged to have fled the scene and one man was later arrested. The Iowa State Patrol investigated the accident. The ISP report is no longer available so I can't really analyze what is in it. Mostly what I have to go on is the KCCI - Channel 8 news report. [See Driver Pleads Not Guilty In Death Of Iowa Girl, October 1, 2011, KCCI.] Of course this being an ongoing investigation and no one having either plead or being found guilty I'm not at liberty to say whether the man accused is the person who was driving the vehicle that killed the young girl, but we can discuss the investigation of this type of an accident.

These are interesting cases for an Iowa personal injury lawyer, because they provide a challenge that is very satisfying to accomplish. Being able to help parents bring a perpetrator to justice is a reason we stay in this business. Being able to prove drivers leave the scene because they've been drinking and driving and then proving what bar sold and served the booze to them is equally challenging. Drunk drivers run and hide because they need the booze level in their blood to decrease hoping the evidence will not allow them to be convicted of both vehicular homicide and civil wrongful death. Each carries significant penalties. Being able to put one of these cases together successfully is without question a welcomed and quite satisfying challenge. None of it is easy, but when it's done right the results can be quite satisfying.

As lawyers having lived in the trenches of battle in an out of the courtroom we know the ins and outs of these cases and how difficult witnesses can be. They aren't easy to put together and many times the town bar crowd will not help us prove their friend and drinking buddy was drunk having just left the local tavern.
As tort-reform advocates the parents of children killed by drunk drivers quickly become schooled in the errors of their ways.
As voters we should always be mindful of the golden rule. Do unto others as you'd have them do unto you. If we can help, call us, and call us early. Many times if we can just see where the evidence is being gathered it can be preserved. Let it go cold and the case goes by the wayside.
As parents of children killed by the local town drunk here is the list of those who would take away your right to collect insurance money from the local tavern.

ATRA: The American Tort Reform Association - A front for big corporations that will make more by you having fewer avenues to address wrongs. Do you realize this organization will not disclose who gives it money? If they've changed their policy of not telling us where their money comes from I'll withdraw this statement. Have you changed and become transparent? Without that information I'm left to wonder if this organization receives money from Communist Chinese manufacturing interests that dump crappy products on this country. Products that poison our kids with lead paint. Poison those who drank milk products that poisoned Chinese infants with a chemical used in manufacturing to harden composites. And junk products that don't work as they were supposed to work and causing the user or other workers injuries. Why won't the ATRA release the names of those that fund its operations? What's so secret about who is backing them? Is it Iran, North Korea or Venezuela? Who knows maybe they received money from terrorists. After all the goal of most terrorist organizations is to bankrupt the USA. In my opinion the work of the ATRA is to bankrupt us morally.

Crossing the Center Line and Head-on Car Crashes

sdlombardi@aol.com (Blog Author)65876 — Sun, 02 Oct 2011 08:00:00 EST

This morning there is a KCCI report about a Runnels, Iowa car accident involving an SUV and a Lexus traveling southbound on SE 116^th Street in Polk County. The SUV is heading northbound at 4:10 a.m. in the 4100 block of SE 116^th Street, just north of Runnels when the Lexus driver comes across the center line hitting her head on. He died and she headed by air ambulance to Des Moines Hospital. Right now we have no ISP report to review that may disclose why this young man crossed the center line. We may never know. One place to look for clues would be his cell phone and another may be forensic clues. Another would be to talk with his family and friends. Why; because in this instance this young man's schedule may hold a clue to whether or not he simply fell asleep at the wheel. I've written previously about falling asleep at the wheel and whether that is a legal excuse from negligence. Driver fatigue is a challenge for truck drivers and for overworked and overstressed workers.

Follow link to see articles about driver fatigue on the Lombardi Law Firm website.

Duty to stop driving - falling asleep at the wheel.

Drivers falling asleep at the wheel are still liable to the passengers.

Falling Asleep At The Wheel.

If a driver on a U.S. Highway falls asleep can he be liable for the...

Those allegedly involved: James Calhoun, 21 or Pleasantville. An obituary for Mr. Calhoun was printed in the Des Moines Register on September 30, 2011. He looked like a nice young man. This young man worked two jobs and was engaged to be married. I have to wonder if he just didn't fall asleep at the wheel. Hopefully he wasn't driving while distracted with a cell phone. The other driver who is mending is Kimberly Cooper of Runnels.

This is a side to personal injury work other's don't see. There are many times when the at-fault driver is a nice person and as lawyers we get no pleasure out of doing what must be done to assist the not-at-fault driver for personal injury that is not of their own making. Even though it is a terrible situation for many to deal with, we can learn something useful from the tragedy to teach young drivers and overworked truckers from the facts of any accident, including those where a driver falls asleep and crosses the center line. For further reading about falling asleep at the wheel, driver fatigue or sleep-deprived driving follow this link.

City Street Department Laborers are at risk when working in traffic

sdlombardi@aol.com (Blog Author)65363 — Mon, 26 Sep 2011 08:00:00 EST

A city water district worker was struck by a semi-truck while marking the location of a water line. He was killed. Employees working in and around moving traffic are at a higher risk for injury causing death than say a worker serving burgers at a restaurant. That higher risk doesn't add value to a weekly workers' compensation check unless the worker is paid more. In other words your weekly compensation check depends on what you earn at the time of death. Pay increases that haven't yet kicked in yet won't help raise the weekly benefit amount. Benefits utilize wages earned in the 13 weeks previous to the injury date.

Weekly Toll: Death in the American Workplace ...truck by VehicleJune 28, BEAUMONT, CA - 24 year old Ricardo "Ricky" Flores was struck and killed while working Tuesday. Flores worked for the Beaumont-Cherry Valley Water District and was marking the location of a water line when he was struck by a flatbedtruck. Coal Miner Killed When Roof CollapsesJune 27, BOLT, WV - 33 year old Joseph M. Cass... from Weekly Toll - Jun 30, 2011 10:20 PM

If in Iowa, would this worker's widow would be entitled to work comp benefits.

sdlombardi@aol.com (Blog Author)65364 — Mon, 26 Sep 2011 08:00:00 EST

When a worker is killed and the cause of the injuries that killed him both arose out of and was in the course of his employment, the dependent spouse is entitled to receive weekly benefits. She can get these benefits for life, unless she gets married. If considering re-marriage and you tell the lawyer that fact, the lawyer is duty-bound to tell the other side. This means before you decide to get married consider doing one of two things. One, don't get married just live with the bum. Or, two, go to a lawyer and commute your life benefits before you decide to get re-married. Make sense? If not call or contact me first. sdlombardi@aol.com or call 515-222-1110 Steve Lombardi, Lombardi Law Firm

Service Station Worker Crushed Under Car

June 29, LAFAYETTE, WI - 28 year old Nicholas Van Dyke of Elkhorn, an employee for Lockhart's Service Station suffered crushing injuries when a car he was working on fell of a hoist. He was freed by co-workers and sheriff's deputies but later died at a local hospital.

can I get the insurance company to pay me for my car that is totaled?

sdlombardi@aol.com (Blog Author)65365 — Mon, 26 Sep 2011 08:00:00 EST

Question: How can I get the insurance company to pay me more for my car that is totaled?

Answer: It's not as easy as it might seem to someone not practicing in this area of law. I've been at it for over 30 years and I'm still fighting over valuations. One of the problems we always run into is when there is little evidence of a cars previous condition and thus its pre-accident value. I've been buying cars since being a law student in 1978 and my methods are more than most people are willing to do. Whenever I buy a car or truck the first thing I do is open a file and label it with the year, make and model of the vehicle. Then into that folder I file every document having to do with that vehicle. Nothing is left out. Starting with the purchase agreement and including documents for all oil changes, paperwork for accessories I've added and any work orders. I can literally prove the initial value with purchase price documents, work orders for things like oil changes, maintenance records and mileage at time when oil changes take place. I can prove this from day one. If there is an accident I also maintain copies of the relevant records like accident investigation report, damage repair estimates, repair orders and receipts. So when you come to a lawyer after an accident and ask them to prove the impossible, forget it, because the mistakes you made won't allow anyone to argue with the insurance company's valuation from its database of recent sales. Proving damage to your vehicle starts with when you buy it.

Lawn care Worker Overturns Mower into Pond

sdlombardi@aol.com (Blog Author)65366 — Mon, 26 Sep 2011 08:00:00 EST

A 76-year-old worker driving a lawn tractor was drowned after the lawn mower he was driving overturned in a pond, pinning him under water. This is one of those instances where wearing a seat belt may not have helped.

Mower Accident Kills Man

June 24, STANSBURY PARK, UT - 76 year old G. Neil Magann died when the lawn mower he was driving overturned into a pond. Tooele County Sheriff Chief Deputy Duke North says Magann was operating the lawn mower and apparently drove too close to the edge of the pond. The lawn mower flipped over, pinning him in the water.

Even at-fault drivers can get workers' compensation benefits

sdlombardi@aol.com (Blog Author)65367 — Mon, 26 Sep 2011 08:00:00 EST

Here is an accident where a pickup truck driver drove into the rear of a semi-truck. While I have no way of knowing anything about this accident, other than what I read, it demonstrates this point with a fact pattern we are looking for.

So let's assume the pickup truck driver was working and he runs into the rear of the semi-truck in front of him. You're first reaction is that to assume he was somehow at fault, and for this example we will assume that's correct. But it might not be true. If true even though he may be at fault, his wife would if in Iowa be entitled to receive life benefits. That's the way the law works. Fault has little to do with it. Now in this case the statement is reported to indicate alcohol use by the driver. If true in Iowa that would take him out of being eligible for benefits unless the work involves alcohol and the employer encourages or allows it. Alcohol Suspected in Pickup, Semi Truck Crash

Patch.com

By Heather Asiyanbi Update: Mount Pleasant Police at 9:45 am Sept 17 have confirmed that the 29-year-old driver of pick-up that rear-ended a semi truck has died from his injuries. According to a written release, police received word at 6:30 am that the ...

Rolling Stop Proves Deadly in Grundy County Iowa Accident

sdlombardi@aol.com (Blog Author)65368 — Mon, 26 Sep 2011 08:00:00 EST

According to the report a semi-truck driver rolled through a stop sign at County Road D55 at the intersection of T29. A van being driven by Steven Humphrey, 43 of Oelwein was broadsided and he was ejected, injured and died from injuries received in the collision. Accidents like this are preventable if a full stop is respected. Rolling through a stop sign is likely to be considered negligence. Negligence is fault and in turn it creates liability to the estate of Steven Humphrey. The owner of the truck as well as the driver who commits a rolling stop can be significant. Safe driving never takes a back seat while on the road.

One dead in accident with semi truck in Grundy County

Waterloo Cedar Falls Courier

GRUNDY CENTER, Iowa --- A Monday morning traffic accident four miles north of Beaman killed one person and injured the driver of a semi truck. The driver of a minivan was headed south on T-29 when the semi truck driven by William Joe Thompson, 55, ... One dead in accident with semi truck in Grundy County

Waterloo Cedar Falls Courier

BEAMAN, Iowa --- A traffic accident Monday morning four miles north of Beaman killed one person and injured the driver of a semi. The deceased was identified as Steven Humphrey, 43, of Oelwein and formerly of Cedar Falls, according to Parrott & Wood ...

Another ATV Accident in Grundy County, Iowa

sdlombardi@aol.com (Blog Author)65370 — Mon, 26 Sep 2011 08:00:00 EST

In this ATV accident a young boy, 9, from Dike, Iowa is described as being on 110^th Street, about 5 miles southeast of New Hartford, when he lost control, crashed and was instantly killed. The young lad is reported by Eastern Iowa News as Tate Johnson. In 30 years of practicing personal injury litigation and insurance claims work I've seen far too many young drivers killed or seriously injured while driving or riding on ATV's. They are dangerous and that raises the need for parents to closely supervise young riders of ATVs. Doing otherwise can increase the likelihood of serious injury and death. Serious injury includes brain damage, de-gloving injuries, broken legs, broken arms, broken necks and broken backs. Be smart and watch your kid while controlling speed and terrain.

You can get further information about safety issues and ATV's at ATVSafety.gov. And if you think they aren't dangerous then ask yourself why the government has a safety website dedicated to ATV's.

This type of a claim is covered under the ATV owner's home policy.

The DNR regulates ATVs.

ATV Safety Video on YouTube

Tow Truck Accidental Death and Workers' Compensation Claims

sdlombardi@aol.com (Blog Author)65371 — Mon, 26 Sep 2011 08:00:00 EST

The four who died include Jesse J. Inman, 29, of Ankeny, who was driving for Hanifen Towing of Des Moines; James F. Langholf, 50, of Dakota, Ill., driving for Howe Trucking from Illinois; and Daniel Walsh, 60, of Des Moines, also driving for Hanifen Towing of Des Moines.

The semi-truck driver is reported as Herbert Terrell, 54 of Huntington, Indiana who was driving for Hiner Trucking. I wouldn't be surprised to see a million dollar settlement. If we can help call us at 515-222-1110 or write sdlombardi@aol.com. Four dead in Interstate 80 crash

DesMoinesRegister.com

Four people have been killed in a traffic accident involving tow trucks on Interstate Highway 80 east of Grinnell. The Iowa State Patrol says employees of two tow trucks were assisting a driver of a flat bed semi truck at mile marker 188 next to the ...

Grain bin suffocation risks in Iowa farm work

sdlombardi@aol.com (Blog Author)65372 — Mon, 26 Sep 2011 08:00:00 EST

This one is in Elkhart, Iowa. The man, Steve Kaufman, 56 of Ankeny was trapped up to his chest in grain for 3 hours. I wonder why the manufacturers of grain bins don't attach eyehooks to the roof structure so that ropes can be hung down. Those ropes would be a way to hook you to avoid being trapped or to arrest a sinking worker. Has anyone considered fall arrest safety equipment?

Man Rescued From Heartland Co-Op Grain Bin; 3 Others Hospitalized

Justice News Flash

Elkhart, IA - After being trapped for over three hours, rescue crews pulled a trapped man ... (OSHA) would report to the scene to conduct its own investigation.

Cedar Falls, Iowa Intersection Collision Demonstrates Look Out and FTY

sdlombardi@aol.com (Blog Author)65373 — Mon, 26 Sep 2011 08:00:00 EST

The report has Diane Johansen, 53 from Cedar Falls pulling away from a stop sign right into the path of an oncoming Ford Expedition being driven by Stephanie Hinderscheit, 47 or Belle Plaine, Minnesota. If this is true, obviously Mrs. Hinderscheit has a claim against Mrs. Johansen for failing to drive using due care and a proper lookout. According to the report Johansen was cited for failing to yield upon entering a through highway.

Another crash today at Cedar-Wapsi and Highway 218

Waterloo Cedar Falls Courier

CEDAR FALLS, Iowa --- Authorities have again responded to a crash at a ... was going north was struck by a pickup truck crossing the lane from the median. ...

Clayton County, Iowa Semi-Accident

sdlombardi@aol.com (Blog Author)65374 — Mon, 26 Sep 2011 08:00:00 EST

This report is difficult to understand exactly what happened in the accident; simply because the report is so poorly written. The most I can say is who was in the accident. The drivers include Colin Schultz of Hampton, Minnesota and Roger Frick of Waukon, Iowa. Frick was driving a semi-truck and Schultz a 2006 Saturn. Schultz is reported to have died in the crash.

Fatal Two-Vehicle Crash Yesterday on Hwy. 52

Eastern Iowa News Now

... and Iowa State Patrol responded to a fatal two-vehicle collision on Highway 52 ... The truck driver attempted to avoid collision, but Schultz struck the ...

Three Vehicle Collision near Cherokee, Iowa

sdlombardi@aol.com (Blog Author)65375 — Mon, 26 Sep 2011 08:00:00 EST

What happened in this accident may never be known. It's an interesting situation with one car crossing the centerline, another being hit from behind and turning into a business on Highway 59. It's a tough situation because so many people died and several were from Winnipeg Manitoba. Being from another country and not being familiar with the laws of compensation can make for a very difficult time knowing what the insurance companies might owe. Persons injured or killed include Ronald Brown of Cherokee, William Eubank of Quimby, Daniel Maloy of Alta, Phyllis Eubank, Kenneth Slentz and Dorothy Slentz of Winnipeg, Manitoba.

Officials ID Four People Killed in crash in NW Iowa

KCRG

By Aaron Hepker CHEROKEE, Iowa (AP) - Authorities have released the names of four people who died in a three-vehicle collision near Cherokee in northwest Iowa. The Cherokee County sheriff's office says the crash happened Thursday afternoon on US ...

Drivers falling asleep at the wheel are still liable to the passengers

sdlombardi@aol.com (Blog Author)64870 — Sat, 17 Sep 2011 08:00:00 EST

Here in Iowa currently we have one case stemming from a car, truck or motorcycle accident on I-35. A second motorcycle accident from another state, with an Iowa resident came in last week. Lucky for them they were wearing a helmet and weren't too seriously injured. As you can see below several people were killed in Oklahoma from an accident on I-35 when the car in which they were riding went off a bridge. No alcohol was involved; it appeared the driver simply fell asleep at the wheel.

The accident happened at S.E. 15th Street and I-35, just after 6 a.m. Troopers say a 1997 Saturn driven by Kelley was southbound on I-35 when it left the roadway to the left, struck the center median, traveling approximately 50 yards before striking a dirt berm. Here is a quote from reporter Xin Xin Liu, News9.com out of Oklahoma. The car then went airborne, traveling for 50 yards before landing on the front end, and coming to rest on its top on the railroad tracks, troopers say. According to Oklahoma City Police Department, all the trains had to be halted for a short time due to the accident. The three were pinned inside of the car for about three hours, before being freed by the Oklahoma City Fire Department with a Hurst tool. Police say it doesn't appear that alcohol was involved in the accident. However, they believe Kelley may have fallen asleep.

Three Killed As Car Goes Off Bridge On I-35 In Oklahoma City

News On 6

This happened at SE 15th Street and I-35. A car the three men were in drove off the bridge onto the railroad tracks. OKLAHOMA CITY - Three men were killed ...

3 people killed in I-35 accident in Oklahoma City

KSWO

OKLAHOMA CITY (AP) - Authorities say three people have been killed in a single-vehicle accident in Oklahoma City. The Oklahoma Highway Patrol says ...

Three Killed As Car Goes Off Bridge On I-35 In Oklahoma City ... UPDATE: Oklahoma Highway Patrol has identified the three men who were killed when their car went off the bridge on Interstate 35, and ...

Semi-Truck Accidents in Iowa Require Lawyers with Connections

sdlombardi@aol.com (Blog Author)64871 — Sat, 17 Sep 2011 08:00:00 EST

I write about Iowa interstate highway accidents (I-80, I-35, I-235, I-380 mostly) because people need to know how complex they can be to handle. Putting one of these cases together isn't like a city intersection collision. In the city most of the accident participants are from the city, but on the Interstate the participants are many times simply driving through Iowa, don't live here and have no connection to Iowa. That can raise problems with serving the lawsuit papers on them, locating witnesses for interviews, locating the damaged trucks to photograph and where to file the case. On the Interstate the Iowa State Patrol has to clear the road as quickly as possible, meaning the vehicles are going to be moved fast. And moved to where? Truckers, who have done something wrong, like texting while driving, will simply disappear and avoid service of process for years, to avoid answering questions. Trucking companies can own, lease and trade trailers and tractors and that makes knowing who should pay a labyrinth of confusion. I've taken the time to establish relationships with lawyers in Minnesota, Oklahoma, Nebraska, Texas, Michigan, Illinois and many other states where if we need their help for legal reasons, it's there. Here in Iowa I've practiced for over 30 years in the areas of workers' compensation and personal injury. Car, truck and motorcycle accidents are the main staple of what we do. We got into the area of workers' compensation because it is an important part of personal injury work as well as my having grown up with hourly wage earners, and believe in helping workers that are injured and need my help. So if you are in an interstate highway accident in Iowa, please call us. 515-222-1110 or sdlombardi@aol.com.

Here are some of the news headlines about highway accidents:
Semi-Truck Crash on I-394 Kills One During Rush Hour MyFox Chicago By Craig Wall, FOX Chicago News Chicago - A terrible accident begins the holiday weekend. It killed one person and created traffic backups during rush hour. State police continue piecing together what happened Friday evening, and I-394 remains shut ...
Semi truck driver killed in crash near Dillon KAJ18 Kalispell Montana News DILLON- One man is dead and two others were hurt after a semi truck driver rolled his rig in Madison County on Monday evening and caused a chain of crashes. The Montana Highway Patrol reports the 57-year-old semi truck driver from Anaconda was ...
Lynwood woman killed in crash would have celebrated birthday Chicago Sun-Times Lacy, 49, of Lynwood, died instantly Friday afternoon when her SUV was hit head-on by a semi truck on Illinois 394 just north of Glenwood-Dyer Road, state police said. Lacy was traveling in the southbound lanes near Glenwood-Dyer Road in her Ford ...
Semi-truck Rollover Crash Blocks Intersection WBCK A semi-truck rollover crash in Calhoun County kept clean-up crews busy Wednesday afternoon. It happened in Emmett Township and blocked the intersection of South Raymond Road and Cliff Street. The crash happened when the semi attempted to make a turn ...
Two men injured in crash involving tanker hauling 6800 tons of crude oil Wooster Daily Record A press release on the accident notes that Layton was westbound on Route 250 in a 2002 Mazda Protégé, when he traveled left of center and struck McClain, who was operating a 2008 Freightliner semi truck eastbound on Route 250. ...
Truck driver killed in I-70 crash Vail Daily News Crews clean up debris Friday afternoon from a semi truck that traveled off Interstate 70 and into the median, then rolled onto its side. The driver of the trucked was killed in the accident, which occurred at 5:10 am near the Gypsum exit. ...

Construction Workers Need Their Head on a Swivel – Unsafe equipment isn't a valid excuse

sdlombardi@aol.com (Blog Author)64872 — Sat, 17 Sep 2011 08:00:00 EST

I've written and litigated extensively on construction worker accidents in Iowa. They are tough factually because construction workers are hard workers working in a dangerous place. The construction site is an unforgiving environment where OSHA rules apply but many times are not followed. General contractors are under tremendous pressure to keep the work moving on schedule. Some workers show up with a hangover putting others at risk for serious injury (loss of limbs, etc) or worse yet, death. In this instance the young man, just 30-years-old, walked between a forklift delivering roof tiles at a home and a semi-truck, where he was crushed to death. When we examine the news article we are told faulty equipment is to blame, a broken mirror and a broker reverse beeper. But it's not the equipment that made the decision it's the driver of the vehicle. Working with unsafe equipment is no excuse and won't relieve the driver of being sued and held liable. Whichever company the driver worked for has a responsibility to maintain its equipment and to remove unsafe equipment from the construction site. Really, it's that simple. Christian Flores construction site accident is not a freak accident. The driver is responsible for the equipment he drivers, not the guy killed.

Family remembers forklift accident victim
NBC2 News
A 30-year-old man was killed when he was crushed between a forklift and a semi-truck on Wednesday. Naples Police say Christian Flores was delivering roof tiles at the home of Joan and Frank Szot when he walked in between the moving forklift and a truck ...

Drunk Driver Car Accidents – Are the passengers and pedestrians at fault?

sdlombardi@aol.com (Blog Author)64873 — Sat, 17 Sep 2011 08:00:00 EST

Today we will discuss drunk driving and related civil lawsuits that can be brought - the dram shop claim. Lately we've seen a couple of really bad injury cases involving drinking and driving. The first is Officer Tran from the Des Moines PD. The answer to the question posed in the title is usually no, but you can be partially at fault. And for passengers if you've had a hand in the driver's drinking and know he or she is drunk then you are in the eye of the law guilty of complicity. Pedestrians can be also at fault due to failing to protect them by watching where they are going. Pedestrians do have some obligation to walk in crosswalks, to not walk out in front of traffic and to pay attention (due care). But in the instance below an officer working, in this case working traffic at the Iowa State Fair, will surely not be considered at fault. What I found of interest was the driver talking after the collision and pretty much admitting the case against him. It showed a lack of appreciating the consequences that will surely be put to him.

Officer Tran from the Des Moines PD was moved to a care center this week. Drunken Drivers Keep Police Busy
KFGO
Several were injured but they refused medical attention. ... READ MORE Iowa-based "Venuworks" has been associated with the building since 1997. ...

Hey the mortgage fraud blog is back for September 2011

sdlombardi@aol.com (Blog Author)64875 — Sat, 17 Sep 2011 08:00:00 EST

Mortgage Fraud Blog - Perp Walk - 10 new articles

In This Issue...

Real Estate Investment Scammer Sentenced
Jury Convicts Ohio Man of Mortgage Fraud
Mortgage Modification Company Ordered to Cease and Desist
Man Deported to US to Face Mortgage Fraud Charges
Alleged Foreclosure Scammer Arrested
4 Indicted in Arizona Mortgage Fraud Conspiracy
17 Financial Insitutions Sued for Various Violations
Appraiser Pleads Guilty In Mortgage Fraud Scam
Straw Buyer Indicted for Mortgage Fraud
Man Indicted for Illegally Refinancing Another's Home
Search Mortgage Fraud Blog - Perp Walk

Iowa Tow Truck Drivers and the Peculiar Risk of Interstate Highway Work

sdlombardi@aol.com (Blog Author)64876 — Sat, 17 Sep 2011 08:00:00 EST

The two tow truck drivers who were killed making a tow on I-80 demonstrate the peculiar risks of an emergency call on the interstate. All that remains is knowing whether the truck driver was distracted by some digital electronic text laptop Facebook page. To the widows I'd say get in there quickly and hire an attorney to protect your interests because the insurance company for that trucking company won't be on your side. They will be friendly, but don't ever think they are your friend.

Eastern Iowa Tow Truck Drivers Say Danger on Interstate Just a Fact of Life from KCRG - News - Local - Sep 14, 2011 (2 days ago)
Four die in accident on I-80 near Grinnell ...that two tow trucks were assisting a semi in the westbound land about six miles east of the Grinnell interchange. At about seven, three men were standing outside their vehicles in the shoulder when another semi, driven by 54-year-od Herbert Terrell of Huntington, Indiana, sideswiped the first tow truck then hit the disabled semi, pushing it into... from Radio Iowa - Sep 14, 2011 (2 days ago)
Car Wreck News: Several New Traffic Laws Go Into Effect Today ...TOW TRUCKS: In the last few years, drivers have been required to move over a lane or to reduce their speed to a speed at least 20 miles per hour below the applicable speed limit when passing an emergency vehicle pulled over on the side of the road with its lights flashing. As of today, that requirement now applies to tow trucks. I don't real... from Perlmutter & Schuelke, LLP, Austin Attorneys - Sep 1, 2011 2:57 PM
Weekly Toll: Death in the American Workplace ...in Dump Truck Incident August 31, MARTINEZ, CA - 34 year old Klayton Dasilva of Concord was killed in a dump truck incident. Dasilva was pinned between the hydraulic bed and chassis of the truck just after 10AM at a work site near unincorporated Martinez. Cal-OSHA will conduct an investigation. Convenience Store Owner Killed in Robbery Augu... from Weekly Toll - Sep 2, 2011 2:46 PM
Weekly Toll:Death in the American Workplace ...Tow Truck Driver Killed in Hit and Run August 24, PASADENA, MD - 38 year old James Frederick Schrieber Jr. was killed today when he was struck by a vehicle while preparing a disabled vehicle for towing on Route 100. The driver of the red Nissan Pathfinder who struck Schrieber fled the scene and police are searching for that driver. Two Rest... from
Weekly Toll - Aug 26, 2011 12:42 PM
Weekly Toll:Death in the American Workplace ...Construction Truck Backs Into, Kills Man August 18, SEARSPORT, ME - 58 year old Weston "Wes" B. Haskell III of Frankfort was killed on a construction site when a dump truck backed into him. Haskell was working on a water utility project when the truck driven by an employee of RF Jordan Construction of Ellsworth backed into him, killing him inst... from Weekly Toll - Aug 19, 2011 12:33 PM Weekly Toll: Death in the American Workplace ...of the truck. The other drivers were not seriously injured. Man Mowing Weeds Struck by Semi August 10, SCOTT COUNTY, VA - 46 year old Gary P. Meade of Nickelsville was killed when a tractor trailer driver hit the tractor-mower he was driving along Route 23 in Scott County. Meade was mowing the grass in the right shoulder when it was struck in... from Weekly Toll - Aug 11, 2011 12:02 PM
Weekly Toll: Death in the American Workplace ...Truck Driver Pinned in EquipmentAugust 4, VINTON, VA - 54 year old Mark Edward Creasy died Thursday after being pinned between the cab of his truck and a trailer filled with wood chips. A sheriff's spokesman said Creasy became pinned as he tried to hook his Peterbilt cab to a trailer at a logging site on Old Fire Tower Lane in Snow Creek. A co-w... from Weekly Toll - Aug 6, 2011 1:28 PM
Weekly Toll: Death in the American Workplace ...Trucker Killed in CrashJuly 27, ROANOKE, VA - 46 year old Vasyl Sovyak of Cary, NC was killed in a tractor trailer crash Wednesday. Authorities say it appears Sovyak failed to negotiate a curve, went off the roadway and hit a tree. He was ejected from thetruck and pinned under it. He was not wearing a seatbelt at the time of the crash. Worker K... from Weekly Toll - Jul 29, 2011 10:21 AM
Is A Ban on ‘Truck Nuts' Unconstitutional? ...talk about truck nuts, probably for the same reason that racists love to talk about crime rates in the ghetto. Regardless of why, I just can't get enough of the phenomenon of people affixing plastic testicles to their motor vehicles.Obviously, I think people should be free to do pretty much whatever they want when it comes to decorating their ve... from Above the Law: A Legal Tabloid - News, Gossip, and Colorful ... - Jul 31, 2011 5:02 PM
Weekly Toll: Death in the American Workplace ...truck by VehicleJune 28, BEAUMONT, CA - 24 year old Ricardo "Ricky" Flores was struck and killed while working Tuesday. Flores worked for the Beaumont-Cherry Valley Water District and was marking the location of a water line when he was struck by a flatbedtruck. Coal Miner Killed When Roof CollapsesJune 27, BOLT, WV - 33 year old Joseph M. Cass... from Weekly Toll - Jun 30, 2011 10:20 PM

Mortgage Fraud Blog September Articles

sdlombardi@aol.com (Blog Author)64085 — Wed, 07 Sep 2011 08:00:00 EST

The Mortgage Fraud Blog has this months articles of interest in the area of fraud. Follow the links to read these recent developments about financial crimes. And remember all accused are innocent until proven guilty in a court of law.

Mortgage Fraud Blog - Perp Walk - 9 new articles

In This Issue...

Jury Convicts Lawyer of Breaking into Foreclosed Home
2 Sentenced for Phony Mortgage Scheme
Brothers Sentenced for Scam Involving 33 Properties
Former Appraiser Admits Inflating Value
Utah Man Pleads Guilty to Mortgage Conspiracy
Mortgage Modification Scam Targets Spanish Speakers
Man Sentenced for Defrauding Lenders
Man Admits Mortgage Scam Involving Overvalued Homes
2 Sentenced for Mortgage Fraud
More Recent Articles
Search Mortgage Fraud Blog - Perp Walk

Boat Accidents Focus on Impaired or Distracted Boat Operators-Drivers

sdlombardi@aol.com (Blog Author)63902 — Sun, 04 Sep 2011 08:00:00 EST

As I walk to the curb at 5:00 a.m. to gather the newspaper I can't help but notice the cold fall air. Fall is likely around the corner. With all the moisture we've had I'm planning on a lot of snow. But before summer's end gives way to fall let's talk about boating. Near Dubuque, Iowa t the 16^th Street boat ramp there was a boating accident although at this point there aren't any details. I take that back, if you follow this link there are plenty of details to read. The man who was killed is James Sutton, 45 of Maquoketa. From the news report we learn Sutton's boat was sitting still when another boat allegedly being driven by Kent Hoffman, 38 of Galena, Illinois slammed into the Sutton boat. Sutton allegedly died, and his passenger, Lori Fey, 47 also of Maquoketa was uninjured. The time given in the article is 9:00 pm on Thursday in Schmitt Harbor.

Facts to be determined:

Were lights being used?
Was the driver impaired by alcohol?
What distractions caused the one driver not to see a boat? What was the experience of Hoffman in driving a boat?
Were speed laws being ignored or followed?

As a lawyer I can say that boating accidents are challenging although in this instance the witnesses may make it easier to put together a liability case against the driver whose boat drove up and over the other boat.

Is a running a red light vehicular homicide?

sdlombardi@aol.com (Blog Author)63903 — Sun, 04 Sep 2011 08:00:00 EST

Personal injury lawyer analysis of red light runner accident.

Thursday a Dodge Charger broadsides a Ford Explorer at Southeast 14^th and Hartford at 3:00 a.m., Sunday. The report says the Charger's driver ran a red light before slamming into the driver's side of the Ford. The Explorer's driver, Jennifer Garcia, just 17, died at the scene. Video available follow the link. The driver of the Dodge Charger is alleged to be 21 year old Michael Mark Lomax from Des Moines. If successfully prosecuted the driver could be given a 10 year prison term. If impaired by drugs or alcohol it could go up to 25 years. Apparently the driver gave a breath test at the scene. As a lawyer who practices in the area of car, personal injury and driving after drinking accidents I have to say, the chances of this ending well for Lomax aren't very good.

First of all the police probably have evidence of him running the red light.
Second he gave them a breath test at the scene where someone died.
Third, even if he passes the drunken driving tests, blood, breath or urine, he's still in trouble for running the red light.
Fourth, he's driving a Dodge Charger, associated with speed and racing.
Fifth, a young girl died in the collision.
Sixth, the police have a video of the SUV burning at the scene while trying to get the passengers out. Talk about dramatic footage.

Like I said, this isn't likely to end well for him.

Wind farm workers are higher risk for injury and death from fatigue

sdlombardi@aol.com (Blog Author)63359 — Mon, 29 Aug 2011 08:00:00 EST

If you don't wear the right kind of safety gear any occupation can kill you. It's no different than working on a wind farm. One news report has seven worker deaths occurring between 2006 and 2010. There are two ways a worker can get up into the top of the windmill to work on the turbine. One he climbs a ladder and the other is a two-person lift. They don't all have lifts so to do the work in some the worker must climb many steps. The Iowa worker was killed by falling inside the structure; not outside. Still he needed a safety harness that worked correctly.

Wind farm worker killed inside Iowa wind turbine
Windpower Monthly
UNITED STATES: A NextEra wind-turbine maintenance worker has been killed while working on a project in Iowa. According to a statement released by the local ...
Wind farm worker killed inside Iowa wind turbine | Windpower Monthly
Read Wind farm worker killed inside Iowa wind turbine and wind energy and wind industry news and analysis on Windpower Monthly.
Wind farm worker killed inside Iowa wind turbine | Green Business ...
Wind farm worker killed inside Iowa wind turbine. UNITED STATES: A NextEra wind-turbine maintenance worker has been killed while working on a project in ...

Semi-Truck-Interstate Highway Accidents for August 29, 2011

sdlombardi@aol.com (Blog Author)63361 — Mon, 29 Aug 2011 08:00:00 EST

In today's Verdict we analyze several news stories involving accidents and personal injury across the nation. As a lawyer working personal injury for over 30 years it's pretty interesting how the Internet has changed our business and made accident reports more available to us. I continue to take cases although in this economic and political climate we've been more selective about what we take. Not every case is profitable because not every case is one a jury will approve of and award enough in damages. Your case has to be economically viable or feasible for it to be worth your time and effort. That doesn't sit well with many potential clients because their expectations about what is possible needs adjusting.

All I can say to you is be reasonable and open your mind to the possibility that your facts don't make a case. Car, truck and motorcycle accidents still get pretty decent treatment in the jury room, so call us if we can help you evaluate your facts to see if you have a case. I'm starting to like car accident cases where there is a drunk driver who has been sold and served alcohol at a bar. These cases can be challenging due to the witnesses being difficult to locate and uncooperative, but if called soon enough we can usually put a case together for you. My advice is to hire a lawyer early and do it before talking to any insurance company. Because, while the adjuster may be friendly, that doesn't make him/her your friend.

Woman dragged, killed in crash closing WB I-40

KOBTV4

A woman died in a crash involving a motorcycle and a semi truck Saturday that forced the closure of westbound Interstate 40 for hours. Police say the woman was riding the motorcycle around 1:30 pm when she lost control while merging onto westbound I-40 ...

Semi truck driver accused of drunk driving after Blaine crash

Blaine Northern Light

Krot was arrested after he drove his semi truck cab into a ditch in the 9400 block of Valley View Road, just south of the intersection with H Street Road. Sheriff's deputies arrived on the scene after Border Patrol agents alerted them to the accident, ...

Investigators looking for Good Samaritan who helped stop runaway semi

KATU

Investigators looking into a fatal semi-truck accident are hoping to track down a Good Samaritan so they can reconstruct the chain of events that led to a man's death. The crash happened August 17 in the parking lot of a small mall at Commercial Street ...

Man Loses Arm in Accident Involving Semi-Truck

KEZI TV

A crash ripped off the arm of one man and led to the arrest of another man. It happened Monday evening on I-5 northbound near Sutherlin. Oregon State Police say a car's tire blew out while driving in the left lane. The driver swerved into a semi-truck, ...

Belvidere Man Dies in Crash with Semi-Truck

WIFR

DEKALB (WIFR) -- A Belvidere man is dead after an accident with a semi in DeKalb. It happened at the intersection of Route 23 and Melms Road the morning of August 25, 2011. DeKalb County deputies say 29-year old Rex A. Wheeler of Belvidere was driving ...

Another Semi Truck Accident

KELA

(VADER) - Another day, another semi truck accident. This one didn't involve anyone else though. It happened yesterday at 3 PM. The Washington State Patrol reports the semi truck driver wasn't paying attention to the road and hit the State Route 506 ... Semi-Truck Driver Killed in 6-Vehicle Highland Park Crash

MyFox Chicago

The accident happened around 10:30 pm Wednesday at US Route 41 and Half Day Road. Four cars and two semi-trucks were involved in the crash, and one of the truck drivers was killed at the scene. The driver of the other semi-truck had injuries, ... Driver Identified In Deadly Semi-Truck Accident

Myfoxspokane.com

POST FALLS, Idaho - A semi-truck driver died after crashing into an SUV Monday afternoon. The driver of the semi-truck is identified as Nikolay Kvasha, of Liberty Lake. Authorities say Kvasha was traveling in the westbound lanes next to the SUV when he ...

Wearing a helmet can save your life and your brain.

sdlombardi@aol.com (Blog Author)63362 — Mon, 29 Aug 2011 08:00:00 EST

Some people don't agree with me, and some riders argue with me over their "right to not wear a helmet". But this issue is too important for me to concede rights should in this instance trump common sense. You have only one brain and it's like Jell-O, which is not a very resilient material that can sustain a high speed crash. Jell-O is no match for concrete and metal that the head comes into contract with during a crash. Brains don't just repair like a broken bone does. When the brain gets damaged, it doesn't just go back to whatever normal is for you. It no longer works very well and your entire life is changed and not for the better.

Results of Brain Damage:

1. Forgetfulness

2. Inability to think clearly.

3. Walk around in a fog.

4. Unable to do the work you're used to doing and job loss follows.

5. Marriages fail and divorce follows.

6. Bankruptcy

7. You're always tired, agitated and restless.

8. Can't sleep well anymore.

9. Can't rest or relax. Your brain never rests.

10. You don't think clearly anymore.

You can't think things through in order or in sequence. You can be as mad at me as you want about my position; you can refuse to allow me to help you when you get in a motorcycle accident and need a lawyer. Frankly that is your right. But it still won't change my position that everyone should be wearing a motorcycle helmet.

I-80 Motorcycle Crash Leaves Joliet Firefighter Brain-Dead

MyFox Chicago

Joliet, Ill. - A Joliet firefighter is not expected to recover from injuries he sustained in a motorcycle crash Friday night. Lt. Terry Foster was riding ...

Do Wind Turbine Widows and Orphans Receive Lifetime Work Comp Benefits?

sdlombardi@aol.com (Blog Author)63319 — Sun, 28 Aug 2011 08:00:00 EST

Wind Turbine Worker Falls to His Death

Preventable is the one word that comes to mind when reading that Christopher Paulette fell from a wind turbine in rural Osceola County and landed 60 feet below. This work accident on Monday took the life of this NextEra Energy worker. Why hadn't he been wearing fall protection gear or if he had why had it not worked properly? What caused Mr. Paulette to fall? Falls such as this are preventable. There is no mention whether Mr. Paulette was a married man with dependents who should receive workers' compensation benefits. Under Iowa law a worker who dies from a work injury are entitled to receive benefits either for life or some other shorter period. Get legal advice is my suggestion.

Link: What is this Nextra Energy?
Link: What careers are available at Nextra Energy?
Link: Where do I buy fall protection gear?
Link: Are falls at work covered under Iowa Workers' Compensation laws?
Video of the MidAmerica wind farm in Cass County that powers 190,000 homes. $7,000 per year for 50 year leases for farmers who lease land to MidAmerica.
Video of Wind Turbine To Save School $350,000 Year - Ankeny, Iowa's DMACC - 20% of DMACC's energy costs equals $350,000. Iowa ranks 2nd in the country for wind generation and alternative energy production.

Drunk Driving Charge Leads Homicide By Vehicle Charge

sdlombardi@aol.com (Blog Author)63323 — Sun, 28 Aug 2011 08:00:00 EST

A Nevada, Iowa drunk driving accident has lead also to a charge of homicide by vehicle although I believe the correct term is vehicular homicide. Amy Rogers was killed when her car was involved in a collision at 500^th Avenue and 270^th Street near Kelley, Iowa. The Clendenen vehicle is reported by KCCI to have failed to stop at a stop sign - at this point this is only an allegation and has yet to be proven - which brings me to my next point.

Drunken driving is a major cause of serious injury and death in Iowa. As personal injury lawyers we deal with these cases all the time. Unfortunately many people wait to hire a lawyer and the bar owners and bartenders circle the wagons to destroy evidence and to get people to shut up and not help eradicate drunks from the road to make it safer for everyone who uses the public roads. In this case Amy Rogers paid the price for some bar owner to make a profit off putting others at risk. A passenger in the Clendenen vehicle, Richard Diltz was also seriously injured.

Black Hawk County Deputy Dies after Workout – Workers Compensation?

sdlombardi@aol.com (Blog Author)63324 — Sun, 28 Aug 2011 08:00:00 EST

The report from KCRG is that a 32-year-old deputy who was working out died of a "heart attack" shortly after a workout. He is Doug Norton from Waterloo, Iowa. If deputies are required to stay in good physical condition and to work out on a regular basis would working out be considered a part of the job requirements that if it causes injury would be compensable under Iowa law. Great question and the widow and 4-year-old daughter he left behind should want to know the answer to this question. My thinking is it should be.

Motorcycle Crash in Black Hawk County

sdlombardi@aol.com (Blog Author)63325 — Sun, 28 Aug 2011 08:00:00 EST

A pickup truck and a motorcycle collided at the intersection of Cedar-Wapsi Road and Highway 218 north of Cedar Falls last week. The report has the pickup truck attempting to cross 218 when the motorcyclist crashed into the truck. Follow the link to see the video by KCRG. This is a problematic intersection.

Drunk Driver Accident Has Des Moines Officer Fighting for his Life

sdlombardi@aol.com (Blog Author)63326 — Sun, 28 Aug 2011 08:00:00 EST

Officer Tran is on a feeding tube and ventilator, which would appear to indicate some level of brain injury. Let's hope he doesn't have severe brain damage that takes away his quality of life. Follow the link for the KCRG video footage.

Iowa State Patrol Fatality Reports for Saturday, August 27, 2011.

sdlombardi@aol.com (Blog Author)63289 — Sat, 27 Aug 2011 08:00:00 EST

It's been several weeks since I've covered personal injury accidents resulting in the death of the driver or passenger. Today there are just two. That's good. The first is from Decatur County on August 14, 2011 and the other on August 13 in Cass County.

The one from Decatur is a single vehicle accident described in such a way that the driver is being blamed for careless and reckless driving that caused his own death when the car (Chevy Astro) went out of control and rolled. It struck a utility pole in the town of Leon. Accident occurred at 12:20 a.m. on SW 12^th Street and S. Main Street in Leon. Does appear there was one passenger in the car - Cameo Lynn Barnes, a 26-year-old female who was taken to Decatur County Hospital by ambulance. The report seems to indicate she was ejected or thrown from the vehicle through a side window. She'll have a claim against the driver, so long as she wasn't drinking with him or encouraging-buying him drinks, assuming there was any drinking involved. In Iowa you can't collect damages if you are "complicit" in the drinking. I say this only for educational purposes because the police report makes no conclusions as to driving while under the influence. Box 6 shows "Under the influence of alcohol/drugs/medications." Like Dolly is famous for saying, "Nothing good happens after midnight." You're right again Mom. Over to Cass County it's a motorcycle accident on I-80 at the 70 off-ramp. I'll copy and paste the trooper's narrative below. A 22-year-old driver, Steven Henaman, was fatally injured after for unknown reasons the bike went out of control and crashed. So here is what the relatives need to do - get the bike and have it inspected to see if there was something wrong with it. Save all the paperwork showing purchase date, repairs, modifications, etc. That way you may find the answer in the bike's maintenance or work. If faulty work was done, then the question is by who and what they did wrong. Maybe it's got nothing to do with his driving and everything to do with faulty motorcycle repair work. VEHICLE 1 WAS WESTBOUND ON THE I-80 EXIT 70 OFF RAMP. VEHICLE 1 LOST CONTROL FOR AN UNKNOWN REASON. VEHICLE 1 RAN OFF THE ROADWAY TO THE LEFT. VEHICLE 1 OVERTURNED. THE RIDER WAS THROWN OFF OF VEHICLE 1. VEHICLE 1 CAME TO REST ON TOP OF THE RIDER CAUSING FATAL INJURIES.

Full Reports
1. A crash occurred in Decatur County on August 14, 2011

UNIT ONE WAS SOUTH ON S. MAIN STREET IN THE CITY LIMITS OF LEON. THE OPERATOR O UNIT ONE WAS DRIVING IN A RECKLESS, CARELESS, NEGLIGENT MANNER AND LOST CONTROL ...

2. A crash occurred in Cass County on August 13, 2011

VEHICLE 1 WAS WESTBOUND ON THE I-80 EXIT 70 OFF RAMP. VEHICLE 1 LOST CONTROL FOR AN UNKNOWN REASON. VEHICLE 1 RAN OFF THE ROADWAY TO THE LEFT. VEHICLE 1 OVER ...

Supervision with Children is Tough

sdlombardi@aol.com (Blog Author)63292 — Sat, 27 Aug 2011 08:00:00 EST

Make that five; five children in the Des Moines area have recently fallen from windows in the upper floors of buildings. The latest happened at Grand View University in Des Moines on Friday as students were moving in for the year. We've been providing limited coverage of this in our premise liability section of the Lombardi Law Firm website blog. See Premise Liability - Repairs and Maintenance - Falling Out the Window. Other link.

Another School Bus Accident in Waterloo, Iowa

sdlombardi@aol.com (Blog Author)63293 — Sat, 27 Aug 2011 08:00:00 EST

Iowa School Bus Car Accident - No one was reportedly hurt when last Friday a bus with four children aboard was involved in an accident. The report says the bus hit the back of an SUV at or near an intersection. Sounds like a rear-end collision to me.

Roll-over Protection, or ROPS, is a safety tool

sdlombardi@aol.com (Blog Author)63294 — Sat, 27 Aug 2011 08:00:00 EST

Anyone driving a tractor, especially on uneven ground, needs to have ROPS in their safety tool box. A 77-year-old man, Donavon Sievers from Stockton, Scott County was killed this past week when the farm tractor he was driving overturned rolling into a ditch. Rollover protection along with the proper use of a seat belt could save the driver's life. Know what safety tools keep you safe and alive.

Construction Zone Accidents Can Be Deadly

sdlombardi@aol.com (Blog Author)63296 — Sat, 27 Aug 2011 08:00:00 EST

A construction crane collapsed at the Raccoon River Bridge over I-35 putting construction project on hold while the matter is investigated. Jensen Construction job site in West Des Moines.

Construction Worker Boots and Construction Site Safety Training and Control by the GC

sdlombardi@aol.com (Blog Author)62890 — Tue, 23 Aug 2011 08:00:00 EST

I've previously reported on the boot case, or the hole in the worker's boot, that is being partially blamed for contributing to his death. Perhaps the most complete report I've read about Kevin Hammons death comes to us not from the Des Moines Register but from The Examiner out of Washington State. Read Ryan J. Foley's article from the A.P. dated August 16, 2011 at 1:35 pm.

The article identifies factors that contributed to the work accident include:
1.    Using fewer wire rope clips to secure the cable holding the beams than were required to safely perform the work.
2.    Incorrectly installing the beam support system.
3.    Deviating from the engineer's design.
4.    Failing to train the workers doing the installation on the proper installation method.
5.    Worker remained working under the beam, after being told to move, due in part to defective or worn boots to avoid walking through water.
6.    Supervisor's failing to control the work place for safety.

The employer was careful not to argue they were blaming Hammons, but that even though what the work supervisor and GC did on the job site caused the accident, Hammon's boots did contribute as well. That's a pretty fair assessment. "We could almost say that was a silly reason to say," he said. "It was a comment made by the employer ....I won't comment on what they were thinking."
"There were clearly safety violations and the company knew that, accepted that. The fact was, unfortunately there was someone beneath that beam. It still would have been a safety hazard if someone wasn't beneath that beam. That's what OSHA has to look at. Ultimately we are looking at the safety hazard itself."

Firm: Hole in worker's boots a factor in UI death

By:RYAN J. FOLEY | Associated Press | 08/16/11 1:35 PM
Violations, worn boots factors in worker's death

Dubuque Telegraph Herald

Construction workers rebuild the University of Iowa's Art Building West on Tuesday in Iowa City, Iowa. ... It came up in the course of OSHA's investigation. ...
Chlorine leak injures 20 at Sacramento water park

WMBF

Tim Pawlenty ends 2012 White House bid after disappointing Iowa poll finish ... statement saying it would cooperate with the Cal/OSHA investigation and will ...
Firm: Hole in worker's boots a factor in UI death

Washington Examiner

16, 2011 in Iowa City, Iowa. Newly released records show numerous safety violations contributed to the ... It came up in the course of OSHA's investigation. ...
Update on the latest news, sports, business and entertainment:

NECN

PEOSTA, Iowa (AP) - As President Barack Obama continues his bus tour in Iowa ... County inspectors were focusing their investigation on a safety device in a ...

Student Safety - Safety Guards are there for a Reason

sdlombardi@aol.com (Blog Author)62891 — Tue, 23 Aug 2011 08:00:00 EST

Out of New Haven, Connecticut we have a story about a Yale University student who died when it appears her head was pulled into a fast turning lathe in a university lab. Her hair got caught pulling her into the lathe, built in 1962 which lacked an emergency stop button to shut off the power.

Safety considerations that contributed to the injury and death include:
1.    No safety shut off emergency power kill button.
2.    A lack of adequate training.
3.    Written rules.
4.    Written rules requiring students to not work alone - especially in light of no kill switch.

5.    A lack of guarding that would have protected the student's hair from the spinning parts. The University denied most of this.
AP story by John Christoffersen. "NEW HAVEN, Conn. (AP) - A piece of lab machinery that killed a Yale University student when it ensnared her hair was missing required safeguards, and the accident exposed problems with the school's safety policies, federal safety investigators said in a letter to the school."

Other stories that may be of interest having to do with worker safety:
Worker injured at Amwood plant in Toledo - TamaToledoNews.com ...

Worker injured at Amwood plant in Toledo. POSTED: August 18, 2011 ... 220 W. Third Street Tama, Iowa 52339. Phone: 641-484-2841 ...www.tamatoledonews.com/.../
Worker-injured-at-Amwood-pla... Firm: Hole in worker's boots a factor in UI death CanadianBusiness.com A second beam fell and hit another employee in the head, but he was not injured. Iowa Bridge and Culvert had been hired as a subcontractor to build a pumping station that would help protect UI's Art Building West, which has been closed since a flood in ...
Explosion at Clinton ADM plant injures worker Quad City Times A small explosion at the ADM plant in Clinton, Iowa, sent one worker to the hospital tonight, but no one else was injured and the plant remains operational. The explosion happened about 9 pm in a section of the plant called the feed house, ...
Worker injured by wall frame at Iowa business CanadianBusiness.com By AP | August 18, 2011 TOLEDO, Iowa (AP) - Authorities say a construction worker was injured when a wall frame fell on him at a business in Toledo. The Gazette in Cedar Rapids (http://bit.ly/n7XoFV ) says the accident happened Thursday morning at ...

People, Not Corporations Need to be the Courts' Priority

sdlombardi@aol.com (Blog Author)62764 — Sun, 21 Aug 2011 08:00:00 EST

The story's title reads: Ground Zero Worker: I Received No Compensation For Throat Cancer. Frankly Poor Mr. Galvis; I feel sorry for him. I'm not surprised he got nothing, because I've been talking about it now for quite some time. I don't blame the lawyers at Worby, Groner, Edelman & Napoli Bern because they are in business to first pay the bills and second to make some kind of a profit. But how do lawyers make a profit with a $10,000 case when we have so many liens and subrogation interests to protect? As lawyers dealing with health insurance subrogation, child support liens, auto insurance medical pay subrogation interests, Medicare, Medicaid, Title XIX and employee benefit plans under ERISA we are left asking who we represent.

With all these insurance plans wanting a piece of the pie how should we be protecting the injured worker? After all do we represent the injured person or all these corporate entities with their hands out wanting a piece of the pie? With most personal injury litigation today, the meat and potatoes cases, the small cases we handle, all we are doing is trading checks between insurance companies and being paid a fee to do so. It's embarrassing, but it's a sign of the times so don't blame us, because we are only doing what your elected officials voted for us to do. Pay them before we can pay you. Our intended client, you know the injured man or woman, are being forgotten. But don't blame the lawyers in this instance - no siree, because you voted for the people that passed all these laws that treat the injured person as if they were an afterthought. There aren't enough lawyers in the legislature so point your finger in some other direction. We lawyers have a light bill to pay. It's what you call staying in business in today's legal environment. So sing along with AC/DC and sing to whom you voted for and for the lot those have cast upon you. Sing loud and long, sing Hail Caesar!

Des Moines Officer Struck by Truck at Iowa State Fair

sdlombardi@aol.com (Blog Author)62767 — Sun, 21 Aug 2011 08:00:00 EST

When pedestrian officers are in traffic directing the flow, it's never a restful situation. This one with Tran protecting pedestrians crossing the street turned ugly and then critical.

Officer Phoukham Tran an 11-year-officer for Des Moines PD was struck by a Ford F-350 at East 39^th Street and Grand Avenue, by the main gate of the Iowa State Fair at 11:55 p.m. on August 20, 2011. He is reported to be in critical condition having been flown to the University of Iowa Hospital and Clinics. His injuries are to the head (brain) and internal injuries. The truck driver is reported to be Keith Terry from Belews Creek, North Carolina. Allegedly his BAC was either .266 or .264. This isn't going to go well from those involved. I'd suggest Terry sit in his cell and pray that Tran doesn't die. I'd also suggest he hire Todd Miler to defend him and that he stop talking, although it's probably too late for that.

Photo and additional story about Officer Tran.

Motorcycles and Trucks are an Unfair Match

sdlombardi@aol.com (Blog Author)62768 — Sun, 21 Aug 2011 08:00:00 EST

John Nicol, a 36-year-old man died on or about August 20, 2011 after his motorcycle crashed with a van in Davenport, Iowa. Motorcycle safety isn't just about the guy on the motorcycle. It's also about the people driving and who are driving distracted. Stay alert, put down the damn cell phones and pay attention!

How can construction boots contribute to safety and lead to death of a worker?

sdlombardi@aol.com (Blog Author)62769 — Sun, 21 Aug 2011 08:00:00 EST

This construction zone accident is both interesting and odd. Apparently the worker, Kevin Hammons, was working for Iowa Bridge and Culvert didn't want to get out from working under a beam because he had a hole in his boot and didn't want to walk through water to leave. Of course we have no way of knowing if this is the truth, but it's what is reported, and for a second let's assume it to be so. All equipment construction workers wear is safety equipment including boots. For more information on this story or construction safety tips read the story, the OSHA file or see the Lombardi Law Firm construction safety section of the website.

In another accident, this one in Toledo, Iowa a construction worker was injured when a wall frame fell on him at a construction site at Amwood Homes.

Plant Blast At Iowa ADM - Worker Safety Issues

sdlombardi@aol.com (Blog Author)62770 — Sun, 21 Aug 2011 08:00:00 EST

One worker at the ADM Plant in Clinton, Iowa was injured when a blast occurred. Earlier workers had been welding on duct work on the exhaust piping. Details are sketchy at best. See Clinton Herald story or Des Moines Register's story. Follow this link for the KCCI Channel 8 story.

Iowa Bridge Safety in the News in August 2011

sdlombardi@aol.com (Blog Author)62771 — Sun, 21 Aug 2011 08:00:00 EST

Back in 2008 a report was published "Iowa's Deficient Bridges - Strategies to improve and maintain the condition of Iowa's bridges". We reported on the problem and the ramifications of allowing the situation and safety concerns. You can see what we said by doing a search for "bridge + safety" on the Lombardi Law Firm website. Most safety prevention isn't rocket science. It's about practical solutions and knowing how to work and how things work. If you know how things work you'll figure out what makes them not work so well. It may be time to get serious with bridge repairs. An 80-year-old state highway bridge connecting Iowa and Wisconsin has developed an 18-inch crack in a steel beam forcing the bridge closing and a 60-mile detour. This bridge is reported by William Petroski, DMReg Reporter, to carry a load of 2,000 cars per day. For those working on the other side of the bridge from where they live, it might be cheaper to rent a small apartment for the work week and avoid having to spend money on gas and auto depreciation.

You can see why Governor Branstad vetoed the $15,000 membership fee to the Midwest Interstate Passenger Rail Coalition. Clearly we need to reshape our priorities. KCCI Story at this link.

Water Ski Accident Leaves One Dead - Another Chewed Up In the Prop

sdlombardi@aol.com (Blog Author)62772 — Sun, 21 Aug 2011 08:00:00 EST

A 9-year-old boy had been waterskiing and was killed when another boat struck him. Apparently the boy was in the water waiting to be picked up when he was struck and killed. AP reports the story and that the boy was a member of the Waterhawks Ski Team in the Waterloo area of Iowa.

So what could the boat driver have done to see and to avoid striking a skier who is in the water waiting to be picked up? Anyone owning or driving a boat better have homeowner's insurance that does not preclude coverage for water sports. In a separate boating accident a 14-year-old girl was injured by a boat propeller at Finley's Landing boat ramp on the Mississippi River near Sherrill. This is in northeastern Iowa and was investigated by the Dubuque Sheriff's Department. The date of the news report is July 25, 2011. She was injured on a Saturday about 6:20 p.m. She was said to be tubing and the boat driver backed up into her causing deep leg lacerations. In my opinion this one appears to be a clear case of liability for the boat operator.

KCCI Story.

Premise Liability – Repairs and Maintenance - Falling Out the Window

sdlombardi@aol.com (Blog Author)62773 — Sun, 21 Aug 2011 08:00:00 EST

In July it was reported a woman fell from a balcony after attempting to reenter the apartment. The screen door was stuck and when it finally broke free she fell backwards off the balcony to her death. She fell just 20 to 25 feet onto the lawn below. Tom Alex reporter.

"Shannon Faye Potts was a 2008 graduate of Grinnell High School and attended Marshalltown Community College. She worked at Applebee's Restaurant on Merle Hay Road."

Obituary for Shannon Faye Potts, from DesMoinesRegister.com

You might think these types of falls from buildings are an unusual occurrence, but they happen more often than most people are aware. At least four young children have fallen from windows in Des Moines this year, one died. See Child falls from Des Moines window; forth incident in city this year, August 16, 2011, story reported by Regina Zilbermints.

KCCI story link with video clip.

Another Iowa worker injured from fall while on the job

sdlombardi@aol.com (Blog Author)62641 — Fri, 19 Aug 2011 08:00:00 EST

Tom Groaharing working for Midwest Companies out of Fulton, Illinois and on Lock and Dam 11 is reported to have fallen about 30 feet to the concrete below. Workers at heights need to be wearing fall protection gear. It's called fall protection for a reason. It's not fall prevention, falling on the job at heights is assumed to be a risk of the job. Once you fall, and you most certainly may fall, the fall needs to be arrested. So if you're working at heights without fall protection equipment stop and ask your supervisor for fall protection gear. Call me if you need suggestions. I've covered this subject a lot.

Fulton Worker Injured In Fall

KWQC 6

Tom Groharing was working for Midwest Companies when he fell Tuesday. It's not know what caused him to fall, but according to the Telegraph Herald, he fell about 30 feet and landed on concrete. Groharing was taken to University Hospitals in Iowa city. ...

Newton Iowa crash caused by failure to stop and yield

sdlombardi@aol.com (Blog Author)62643 — Fri, 19 Aug 2011 08:00:00 EST

The way this crash report is written the cause of the collision on August 10, 2011 at the intersection of Highway 330 and Highway 117 in Jasper County was the westbound car not stopping before crossing Highway 330. This according to the Newton Daily News. Involved in the accident are Nee Reh, Oo Reh, Salai Si Uk Thang Aw (killed), Mar Reh and Vernon G. Bucklin of Aplington, Iowa.

"Saturday's crash marks the 11th fatal motor vehicle accident in Jasper County this year and the second at this particular intersection, where through traffic on Highway 330 does not have a traffic control sign. Cross traffic on Highway 117 is required to stop." The reporter Mike Mendenhall of the NDN Staff can be contacted at 792-3121 ext. 422 or via e-mail at mmendenhall@newtondailynews.com.

Fatal crash on Highway 330 kills one

Newton Daily News

According to a report by the Iowa State Patrol, the driver traveling westbound ... crash, Bucklin was stopped at a stop sign westbound on Highway 117. ...

Horse-drawn Buggy Hit from behind by truck driver

sdlombardi@aol.com (Blog Author)62644 — Fri, 19 Aug 2011 08:00:00 EST

This crash happened just after midnight in southwestern Wisconsin. One person was killed and two others injured when a horse-drawn buggy was struck by a car on Highway 18 in Grant County, Town of Fennimore in Wisconsin. There were three teens in the buggy that were all tossed out during the crash. I've seen this type of accident in Iowa, mostly with the Amish or Mennonite's from northeast or eastern Iowa around Kalona. It's the reason why Iowa now assesses a $150,000.00 criminal-civil penalty against those driving drunk who kill someone. An Iowan, Jason T. Danhof, 35 of Waukon is reportedly involved in the collision although how is not known. He is not believed to be injured.
Only question is in Wisconsin is a horse-drawn buggy required to have and did they have a slow moving vehicle emblem hung and on the rear?

Teen Killed in Collision Between Car and Buggy
KCRG
Authorities said the crash was reported around 12:30 am along US Highway 18 near County Road F. Jason T. Danhof, 35, of Waukon, Iowa, was eastbound when he ...
Teen killed in collision between car and buggy
MyFox Wausau
... midnight Monday on Highway 18 in the Grant County Town of Fennimore. Authorities say a car driven by a 35-year-old Waukon, Iowa man crested a hill, ...
NE Iowa man involved in Wis. collision between car and buggy
Waterloo Cedar Falls Courier
... just after midnight Monday on Highway 18 in the Grant County Town of Fennimore. Authorities say a car driven by a Jason T. Danhof, 35, of Waukon, Iowa, ...

Chemicals and Personal Injury Law

sdlombardi@aol.com (Blog Author)61016 — Fri, 05 Aug 2011 08:00:00 EST

There is news this past week about at least two different chemical spills causing personal injury and property damage in Iowa. The first is out of Ankeny, Iowa and sent six people to the hospital after they were exposed to chemicals leaked from a ruptured 250-gallon tote filled with sodium hydroxide at Dhorn Transfer, 2129 S.E. Hulsizer Road. The police said there was no threat to the public. If that's true why then did six people require medical treatment?

The next news story was of a chlorine gas sending six people to the hospital in Fort Dodge, Iowa. A clogged drain was being unclogged by the maintenance man at an apartment when he mixed the wrong chemicals. The two chemicals reacted, producing chlorine gas. Six people were treated. Mixing bleach and vinegar is a bad idea because a toxic chlorine gas is released. An article posed on About.com and written by Anne Marie Helmenstine, Ph.D., explains it this way. If mixing bleach and vinegar releases toxic chlorine gas, then why do people do it? There are two answers to this question. The first answer is that vinegar lowers the pH of bleach, making it a better disinfectant. I'll explain how that works in a bit. The second answer to 'why people mix bleach and vinegar' is that people don't know any better or underestimate the risk. They hear mixing the chemicals makes them better cleaners and disinfectants, but don't realize it isn't going to make enough of a difference to justify the considerable health hazard. What is an alternative solution? Just buy fresh bleach. That is Ms. Helmenstine's advice. The crash reports from last week are at this link.

Related Articles

Riding a Bike on Urban Roads is a Risky Ride

sdlombardi@aol.com (Blog Author)61015 — Thu, 04 Aug 2011 08:00:00 EST

In this bike-semi-truck accident the bicyclist was listed in critical condition. The bike rider is 50-years-old and from Northbrook, Illinois. The truck is registered to JRRW Transport of North Liberty, Iowa. There isn't enough in the news article to understand why the collision happened but the bicyclist apparently took a turn for the worse after getting to the hospital.

Bicyclist critical after being hit by semi in Northbrook

Chicago Sun-Times

The truck is registered to JRRW Transport of North Liberty, Iowa, Shep said. ... Schinleber said she was wearing a helmet at the time of the collision.

In other bike news a cyclist says the driver of a white van intentionally struck him while driving on East 9^th Street in Des Moines. The cyclist rider told police the van driver had previously been chasing after a group of teen bicycle riders before going after him. The rider is reportedly a 27-year-old man Roy J. Wagneo. See the two links for two different stories.

Clinton County Athletes Didn't Have to Die

sdlombardi@aol.com (Blog Author)61014 — Wed, 03 Aug 2011 08:00:00 EST

There is a new story about the young adults who died in the car accident that I've previously blogged about. It's difficult for lawyers to read this stuff because we've seen so much of it. Take this story and multiply it times 30 years of practicing personal injury and you have difficulty sleeping some nights. In this personal injury accident Kristin Hanrahan and Jed Rogis were killed near Miles after the car in which they were riding as passengers went off the road, into the ditch, struck a tree and rolled. They didn't make it, probably in part due to being ejected. Both Hanrahan and Rogis were athletes at Northeast. Here is a quote from Tom Geyer's article in the Courier Lee News Service. I encourage you to read it.

Hanrahan and Rogis were athletes during their time at Northeast. Hanrahan, who graduated this past spring, was on the track team, while Rogis played basketball. He was a 2010 graduate of the school in Goose Lake. "She was an excellent athlete and an excellent worker," Pat Healy, the school's track coach, said of Hanrahan. "She put the team ahead of herself," he said. "As an example of that, she became one of the better long jumpers when we needed a long jumper. She sacrificed her sprints to do the long jump and became a 15-foot long jumper." Hanrahan had plans to join the Navy, he added. Northeast boys basketball coach Travis Eversmeyer said Rogis "was a great kid with a smile on his face all the time. "He was a good leader at point guard and he came to work every day," Eversmeyer added. "He worked to improve himself and his teammates. He put his team first, and it showed in his stats. He could have had 20 points a game because he was that good. He could play defense, he could rebound, he could shoot. He was just a good overall kid."The question remains of whether or not alcohol was involved and if so will there be charges for vehicular homicide? Slow it down, take your time, put away the distractions, wear your seatbelts and never drink to excess and drive a car or truck.

Read More: http://wcfcourier.com/news/local/two-teens-die-in-clinton-co-car-crash/article_11793538-b5d9-11e0-87e7-001cc4c03286.html#ixzz1TgQ26Ifo Two teens die in Clinton Co. car crash

Waterloo Cedar Falls Courier Kristin Faye Hanrahan, 18, of Delmar, Iowa, and Jed Jeremiah Rogis, 19, of Clinton, were killed in the accident that occurred at 2:50 am in the 1400 block ...

Iowa Construction Worker Accidental Death

sdlombardi@aol.com (Blog Author)61013 — Tue, 02 Aug 2011 08:00:00 EST

The report of the injury and death of Michael Birdsell of Sioux City, Iowa was on KTIV.com, Siouxland's News. The description is of him working on a piece of equipment and getting caught in the auger causing severe injuries that resulted in death. He is reported to be 23-year-old Michael Birdsell. Here is a quote from the article.

Officials with the Sioux City Police say Michael Birdsell of Sioux City, was working on a piece of machinery for a private contractor at W. 8th and Wesley Way around 8:30 a.m. In all likelihood his injury and death will lead to a workers' compensation claim and a third-party claim is possible also not guaranteed. If he was single and had no dependents it's a different case then if he was married and/or has dependents. Dependents can be a spouse, children or a dependent relative, like a mother. We used to see more auger cases but the industry started doing what they should have done from the beginning and started protecting the spinning shafts; a welcomed safety feature. Augers are unforgiving and often times, as in this case, deadly. For stories about augers and personal injury follow this link. Augers are used in farming, coops, snow removal and other industries where some fungible good needs to be moved from point A to point B. Man dies in early morning construction accident in Sioux City, IA KTIV Birdsell was transported to the hospital where he later died from the injuries received. OSHA will be conducting an investigation. ...

Iowa State Patrol Fatality Reports for Saturday, July 30, 2011.

sdlombardi@aol.com (Blog Author)61012 — Mon, 01 Aug 2011 08:00:00 EST

The crash reports from last week are at this link.

Minimal Reports

A crash occurred in Hancock County on July 29, 2011
THE GMC DENALI WAS EB ON HWY 18 WHEN IT STRUCK THE BICYCLIST THAT WAS ALSO TRAVELING EASTBOUND ON HIGHWAY 18 AFTER STIKING THE BICYCLIST THE VEHICLE WAS LOCATED BY THE GARNER POLICE DEPARTMENT EASTBOUND ON HIGHWAY 18 THE ACCIDENT REMAINS UNDER INVESTIGATION.

A crash occurred in Clinton County on July 23, 2011
THE GMC DENALI WAS EB ON HWY 18 WHEN IT STRUCK THE BICYCLIST THAT WAS ALSO TRAVELING EASTBOUND ON HIGHWAY 18 AFTER STIKING THE BICYCLIST THE VEHICLE WAS LOCATED BY THE GARNER POLICE DEPARTMENT EASTBOUND ON HIGHWAY 18 THE ACCIDENT REMAINS UNDER
INVESTIGATION. Summary Analysis: Why did you leave the scene of the accident?

Full Reports A crash occurred in Mills County on July 16, 2011
UNIT 1 WAS NB ON I29 AT THE 32.8MM. THIS LOCATION WAS HEAD-TO-HEAD TRAFFIC IN THE SB LANES OF I29 FOR ROAD CONSTRUCTION. THERE WERE NUMEROUS TRAFFIC CONTROL DEVICES AND SIGNS FOR THE CONSTRUCTION AT THIS LOCATION. UNIT 2 WAS TRAVELING NB ON THE ENTRANCE RAMP TO I29 NB. UNIT 2 STOPPED AT THE TOP OF THE ENTRANCE RAMP. UNIT 2 ATTEMPTED TO COMPLETE A U-TURN ACROSS BOTH LANES OF TRAFFIC IN ORDER TO USE THE SB EXIT RAMP. UNIT 1 STRUCK UNIT 2 ON THE DRIVER'S SIDE. BOTH UNITS CROSSED THE SB LANE AND CAME TO REST ON THE WEST SHOULDER AND IN THE WEST DITCH. THE DRIVER OF UNIT 1 STATED THAT HE HAD NO INJURIES. BOTH UNITS WERE TOWED BY ARROW TOWING.

Seriously Injured Passengers Beware of the Underinsured Insurance Adjuster

sdlombardi@aol.com (Blog Author)60347 — Sat, 30 Jul 2011 08:00:00 EST

The two passengers in this crash were seriously injured. Roger Hickerson and Ashley Hahn, both were taken to the hospital. (Mercy in Des Moines and Carroll Hospital) Hickerson must have sustained very serious injuries as he was lifeflighted to Mercy. The driver was a 19-year-old woman and the report shows the administration of blood tests for alcohol content. The driver died in the collision. The negligence evaluation will likely focus on issue such as driving under the influence (if any), speed, control and look out on the part of the driver. Additional issues will include how much insurance coverage and just how much insurance coverage there is and complicity of the passengers in any drinking of alcohol. If the insurance on the car isn't high enough to cover the passenger's injuries each will have to file a claim with their own auto insurance company, up to the limits they have purchased, which means their own insurance company is not their friend or on their side. They should be leery about trusting their own insurance company adjuster and giving a statement before speaking with a lawyer. Enough said.

A crash occurred in Carroll County on July 11, 2011

V1 WAS WESTBOUND ON 170TH ST AT A HIGH RATE OF SPEED. V1 WENT OFF ONTO RIGHT SHOULDER AND THE DRIVER STEERED HARD TO THE LEFT. V1 LOST CONTROL AND ROLLED SEVERAL TIMES OFF THE ROADWAY TO THE LEFT. THE DRIVER AND ONE REAR PASSENGER WERE EJECTED. THE DRIVER OF V1 WAS KILLED FROM INJURIES SUSTAINED IN THE CRASH. THE TWO PASSENGERS RECIEVED SERIOUS INJURIES. ... For additional information refer to these posts on the Lombardi Law Firm or follow this link for a more general search:

What is uninsured or underinsured motorist coverage on my auto ... www.lombardilaw.com/.../what-is-uninsured-or-underinsured-motor... - Cached Driver Safety: Starts before you turn the ignition key The biggest road hazard you may face this and next year are uninsured motorists .

Motorcycle Crash - Police Roadblock of Escaping Bankrobber ... www.lombardilaw.com/.../motorcycle-crash-police-roadblock-of-es... - Cached What is uninsured or underinsured motorist coverage on my auto insurance policy? What are some of the things I'll need to prove a car accident claim? ...

Ohio Underinsured Coverage - They took it away and still charge ... www.lombardilaw.com/.../ohio-underinsured-coverage-they-took-it... - Cached Feb 4, 2010 - USAA is selling UM coverage in Ohio that fades away when you most need it. They take it away from the insured with a credit provision.

Ohio UDM - Suckerpunching those with low limits! Using Fade-Away ... www.lombardilaw.com/.../ohio-udm-suckerpunching-those-with-lo... - Cached Feb 5, 2010 - In Ohio if you have low limit insurance your underinsured coverage is probably uselss to you. In other words you're paying for nothing.

Construction Zone Accidents Can Be Deadly for the Elderly

sdlombardi@aol.com (Blog Author)60346 — Fri, 29 Jul 2011 08:00:00 EST

Last week I covered this accident involving the elder driver and the excavator. Did age contribute to the driver being confused and causing him to become disoriented? We may never know. I know my mother who is also in her 80's refuses to give up her driver's license. My sister lives next door to her (I've got a great sister!) and we both are concerned for her and other people's safety. Not because of anything that has happened, but because of what we all know can happen. When should we take the car keys away from our parents? Follow this link to read that article.

Iowa State Patrol Fatality Reports for Wednesday, July 21, 2011 www.lombardilaw.com/.../iowa-state-patrol-fatality-reports-for-wed... - Cached 2 days ago - I was curious about what an SK330 excavator looks like so I did a search. It's manufactured by Kobelco, a Japanese company and is a crawler ...

Video Library | Lombardi Law Firm www.lombardilaw.com/video/ - Cached Construction Site #1 - excavator, bulldozer, and dump truck · Four" Safety - Implement OSHA's Four-Step Safety Program A 28-year old construction worker was ...

A crash occurred in Webster County on July 11, 2011

UNIT ONE WAS TRAVELING EASTBOUND ON 5TH AVE SOUTH EAST OF SOUTH 30TH STREET IN FORT DODGE. UNIT ONE LOST CONTROL LEFT THE DEISIGNATED ROADWAY IN THE CONSTRUCTION ZONE AND REAR ENDED A PARKED EXCAVATOR..

Passengers Pay for a Lifetime for Distracted Driving

sdlombardi@aol.com (Blog Author)60345 — Thu, 28 Jul 2011 08:00:00 EST

This accident was covered last weekend so follow this news link or the blog link to read what then was said. The same questions are equally applicable. Anytime you come across the center line the driver will have a lot of explaining to do. That center line is sacred and hitting someone head-on seems a foregone conclusion. So put away the distractions and keep your eyes on the road.

Drivers include: Bruce Plucker and Franklin Honold. Passengers include Wayne Vanveldhuizen and Janice Honold, who was the fatality and certainly not at fault.

A crash occurred in Palo Alto County on July 14, 2011

AT APPROXIMATELY 8:50 AM ON 7-14-11, VEHICLE #1 WAS EASTBOUND ON HWY 18 APPROXIMATELY 1.25 MILES EAST OF CYLINDER. AT THAT TIME, VEHICLE #2 WAS WESTBOUND IN THE WESTBOUND LANE OF HWY 18 TRAVELING TOWARD VEHICLE #1. AS THEY MET, EASTBOUND VEHICLE #1 SWERVED INTO WESTBOUND LANE IN FRONT OF THE PATH OF VEHICLE #2. VEHICLE #1 AND VEHICLE #2 COLLIDED HEAD-ON. ASSISTED BY, PALO ALTO CO. SHERIFF EMMETSBURG P.D. CYLINDER FIRE DEPART. EMMETSBURG FIRE AND RESCUE EMMETSBURG AMB. WHITTEMORE AMB....

Head-On Collision in Palo Alto County www.lombardilaw.com/.../headon-collision-in-palo-alto-county-201... - Cached 5 days ago - Was there some kind of a distraction in the Plucker car? - 515-222-1110 - 1300 37th Street, Suite 6 West Des Moines, IA 50266.

Iowa State Patrol Fatality Reports for Wednesday, July 21, 2011 www.lombardilaw.com/.../iowa-state-patrol-fatality-reports-for-wed... - Cached 2 days ago - The first vehicle has 57-year-old Bruce Plucker driving a 2004 Oldsmobile; the second one is driven by a 77-year-old, Franklin Honold ...

Crossing the Center Line - Is it distracted driving or poor choices?

sdlombardi@aol.com (Blog Author)60344 — Wed, 27 Jul 2011 08:00:00 EST

Oh my gosh, what a mess this one is. In this car accident we have the first guy going over the center line and crashing into a second car. A third car following is described as following the second car and narrowly misses crashing into the two cars by going in between them. This third car then ends up in the ditch and rolling over.

The first vehicle is an F-250 so it's going to cause a lot of damage to the second one, a 1995 Chevy Blazer SUV. The third vehicle is a Toyota HIG SW whatever that is, I don't know. This is in Jones County, east of Cedar Rapids and west of Dubuque. The fatality occurs in the second car. A 4-year-old child was fatally injured. I'd say the driver of the first vehicle has a lot of explaining to do about why the truck came across the center line. If there was a cell phone distraction that interfered with his driving punitive damages may be in order. Digital distractions are a basis for a gross negligence claim. I have to think the judges in Iowa and across the nation are getting sick and tired of having their dockets filled with car accidents caused by cell phone distracted drivers. Person's Involved: Lyle Heinrich, Rose Krapfl and Shawn O'Brien. (Also two toddlers.) This was previously covered and my analysis hasn't changed. Follow this link or do a search on my site for Krapfl.

A crash occurred in Jones County on July 15, 2011

UNIT #1 WAS EASTBOUND ON E-28 AND WAS NEGOTIATING THROUGH A LEFT HAND CURVE. UNIT #1 CROSSED THE CENTER LINE AND STRUCK WESTBOUND UNIT #2 ALMOST HEAD ON. AFTER IMPACT UNIT #1 CAME TO REST PARTIALLY ON THE TRAVELED PORTION OF THE ROADWAY. AFTER IMPACT UNIT #2 ENTERED THE NORTH DITCH AND CAME TO REST FACING IN A SOUTHERLY DIRECTION. UNIT #3 WAS FOLLOWING UNIT #2. AFTER SEEING THE IMPACT HAPPEN THE DRIVER OF UNIT #3 WENT BETWEEN VEH. #1 & #2 AFTER THEY SEPARATED AND ENTERED THE DITCH AT WHICH TIME IT STARTED ROLLING OVER. UNIT #3 CAME TO REST IN THE NORTH DITCH ON IT'S SIDE....

Fire in La Porte City, Iowa is very strange

sdlombardi@aol.com (Blog Author)60352 — Wed, 27 Jul 2011 08:00:00 EST

OSHA is investigating the convenience store fire in La Porte City that killed a female worker. What's so strange about this fire is why she didn't escape. A convenience store isn't all that large and if a fire broke out you'd think it would be easy to go out one of the exits. But she didn't, so it raises concerns as to why? Was the fire a way of covering up another crime? Or was there something about the configuration of that store that blocked her escape? Video footage of the from KCRG-TV9, Jeff Raasch, Reporting.

Whatever the case may be she or her dependents have a workers' compensation case for death and funeral-burial benefits under Iowa's Chapter 85, Workers' Compensation Act. The photograph of Colleen M. Paradine, 53 shows her to be a nice looking lady. The story about her in the Courier Newspaper is very flattering. Officials said the cause of the fire hasn't been determined, and officials with the Iowa State Fire Marshal Division were called to assist with the investigation. Deputies with the Black Hawk County Sheriff's Office photographed the scene and attempted to view the store's security camera footage.

OSHA investigating death of worker who died after fire at La Porte ...

The Republic

AP LA PORTE CITY, Iowa - State workplace safety officials are investigating a fire at a La Porte City convenience store that killed a woman earlier this ...

Family remembers clerk killed in convenience store fire

Waterloo Cedar Falls Courier

Not long after Pries died in 2006, Burns tired of her nursing career, ... LA PORTE CITY, Iowa --- La Porte City firefighters pulled an employee from a ...

Woman Killed in La Porte City Gas Station Fire

KCRG

... Store of La Porte City today, July 6, 2011, where a worker was trapped inside. ... Paradine died from her injuries. Clark said the Paradine was at the ...

Officials still investigating Iowa soldier's death

DesMoinesRegister.com

A day after reporting that a US Army soldier from Iowa had been killed in Iraq, ... Friends called him a hard worker and good friend. Capt. ...

Notes from West Liberty, Iowa

Reuters Blogs

The lines where the workers slice, saw, claw and carve the turkeys move at a fast clip. Fifty-one birds are killed every minute, according to plant manager ...

Notes from West Liberty, Iowa

Reuters Blogs

The lines where the workers slice, saw, claw and carve the turkeys move at a fast clip. Fifty-one birds are killed every minute, according to plant manager ...

Head-On Crash and Distracted Driving

sdlombardi@aol.com (Blog Author)60343 — Tue, 26 Jul 2011 08:00:00 EST

This accident I already covered last weekend. It's the Stenger accident on I-29 where Mr. Stenger attempted a u-turn in a construction area and was t-boned by a semi-truck. There isn't any further commentary needed so visit the other article if you're interested in reading more. Link.

Stenger-Mills Pickup Truck-Semi-Truck Collision on I-29 in Mills County, Iowa. 7/16/2011.

Full Reports A crash occurred in Mills County on July 16, 2011

UNIT 1 WAS NB ON I29 AT THE 32.8MM. THIS LOCATION WAS HEAD-TO-HEAD TRAFFIC IN THE SB LANES OF I29 FOR ROAD CONSTRUCTION. THERE WERE NUMEROUS TRAFFIC CONTROL DEVICES AND SIGNS FOR THE CONSTRUCTION AT THIS LOCATION. UNIT 2 WAS TRAVELING NB ON THE ENTRANCE RAMP TO I29 NB. UNIT 2 STOPPED AT THE TOP OF THE ENTRANCE RAMP. UNIT 2 ATTEMPTED TO COMPLETE A U-TURN ACROSS BOTH LANES OF TRAFFIC IN ORDER TO USE THE SB EXIT RAMP. UNIT 1 STRUCK UNIT 2 ON THE DRIVER'S SIDE. BOTH UNITS CROSSED THE SB LANE AND CAME TO REST ON THE WEST SHOULDER AND IN THE WEST DITCH. THE DRIVER OF UNIT 1 STATED THAT HE HAD NO INJURIES. BOTH UNITS WERE TOWED BY ARROW TOWING....

Passenger Safety and the After Midnight Car Accident

sdlombardi@aol.com (Blog Author)60342 — Mon, 25 Jul 2011 08:00:00 EST

This description is from the minimal reports. The driver is stated to be Justin Sparks, a 19-year-old young man from Charlotte, Iowa. His passengers include Jed Jeremiah Rogis, 19 from Clinton and Kristin Faye Hanrahan (Good Irish name.) from Delmar, Iowa. She is 18-years-old. The report indicates everyone was ejected from the 2001 Pontiac Grand Prix and that both Rogis and Hanrahan died from injuries in the crash. The accident on July 23, 2011 is shown to have occurred at 2:50 a.m. Like my mother was fond of saying, "Nothing good happens after midnight." This might be one of those situations. If the driver had been drinking and his blood alcohol level is above the legal limit I'd say his problems are just starting. Two deaths? No one was wearing seatbelts. There is no mention of speed or the use of alcohol. Let's hope he was just avoiding a deer.

A crash occurred in Clinton County on July 23, 2011

VEHICLE ONE WAS TRAVELING SOUTH BOUND IN THE 1400 BLOCK OF 400TH AVE WHEN VEHICLE RAN OFF ROAD TO THE RIGHT, VEHICLE TRAVELED SOUTH BOUND IN THE DITCH AND STRUCK TREE, VEHICLE THEN OVERTURNED EJECTING ALL OCCUPANTS...

Iowa State Patrol Fatality Reports for Saturday, July 23, 2011

sdlombardi@aol.com (Blog Author)60341 — Sun, 24 Jul 2011 08:00:00 EST

For Sunday, July 24, 2011 the ISP has six fatality reports. I'll list the six here and cover them in separate posts. So if you want to read any particular one simple do a search for the injured person's name on the Lombardi Law Firm website and the search results will provide the link. Here is the list.

Minimal Reports

A crash occurred in Clinton County on July 23, 2011
VEHICLE ONE WAS TRAVELING SOUTH BOUND IN THE 1400 BLOCK OF 400TH AVE WHEN VEHICLE RAN OFF ROAD TO THE RIGHT, VEHICLE TRAVELED SOUTH BOUND IN THE DITCH AND STRUCK TREE, VEHICLE THEN OVERTURNED EJECTING ALL OCCUPANTS...

Full Reports

A crash occurred in Mills County on July 16, 2011
UNIT 1 WAS NB ON I29 AT THE 32.8MM. THIS LOCATION WAS HEAD-TO-HEAD TRAFFIC IN THE SB LANES OF I29 FOR ROAD CONSTRUCTION. THERE WERE NUMEROUS TRAFFIC CONTROL DEVICES AND SIGNS FOR THE CONSTRUCTION AT THIS LOCATION. UNIT 2 WAS TRAVELING NB ON THE ENTRANCE RAMP TO I29 NB. UNIT 2 STOPPED AT THE TOP OF THE ENTRANCE RAMP. UNIT 2 ATTEMPTED TO COMPLETE A U-TURN ACROSS BOTH LANES OF TRAFFIC IN ORDER TO USE THE SB EXIT RAMP. UNIT 1 STRUCK UNIT 2 ON THE DRIVER'S SIDE. BOTH UNITS CROSSED THE SB LANE AND CAME TO REST ON THE WEST SHOULDER AND IN THE WEST DITCH. THE DRIVER OF UNIT 1 STATED THAT HE HAD NO INJURIES. BOTH UNITS WERE TOWED BY ARROW TOWING....

A crash occurred in Jones County on July 15, 2011
UNIT #1 WAS EASTBOUND ON E-28 AND WAS NEGOTIATING THROUGH A LEFT HAND CURVE. UNIT #1 CROSSED THE CENTER LINE AND STRUCK WESTBOUND UNIT #2 ALMOST HEAD ON. AFTER IMPACT UNIT #1 CAME TO REST PARTIALLY ON THE TRAVELED PORTION OF THE ROADWAY. AFTER IMPACT UNIT #2 ENTERED THE NORTH DITCH AND CAME TO REST FACING IN A SOUTHERLY DIRECTION. UNIT #3 WAS FOLLOWING UNIT #2. AFTER SEEING THE IMPACT HAPPEN THE DRIVER OF UNIT #3 WENT BETWEEN VEH. #1 & #2 AFTER THEY SEPARATED AND ENTERED THE DITCH AT WHICH TIME IT STARTED ROLLING OVER. UNIT #3 CAME TO REST IN THE NORTH DITCH ON IT'S SIDE....

A crash occurred in Palo Alto County on July 14, 2011
AT APPROXIMATELY 8:50 AM ON 7-14-11, VEHICLE #1 WAS EASTBOUND ON HWY 18 APPROXIMATELY 1.25 MILES EAST OF CYLINDER. AT THAT TIME, VEHICLE #2 WAS WESTBOUND IN THE WESTBOUND LANE OF HWY 18 TRAVELING TOWARD VEHICLE #1. AS THEY MET, EASTBOUND VEHICLE #1 SWERVED INTO WESTBOUND LANE IN FRONT OF THE PATH OF VEHICLE #2. VEHICLE #1 AND VEHICLE #2 COLLIDED HEAD-ON. ASSISTED BY, PALO ALTO CO. SHERIFF EMMETSBURG P.D. CYLINDER FIRE DEPART. EMMETSBURG FIRE AND RESCUE EMMETSBURG AMB. WHITTEMORE AMB....

A crash occurred in Webster County on July 11, 2011
UNIT ONE WAS TRAVELING EASTBOUND ON 5TH AVE SOUTH EAST OF SOUTH 30TH STREET IN FORT DODGE. UNIT ONE LOST CONTROL LEFT THE DEISIGNATED ROADWAY IN THE CONSTRUCTION ZONE AND REAR ENDED A PARKED EXCAVATOR..

A crash occurred in Carroll County on July 11, 2011
V1 WAS WESTBOUND ON 170TH ST AT A HIGH RATE OF SPEED. V1 WENT OFF ONTO RIGHT SHOULDER AND THE DRIVER STEERED HARD TO THE LEFT. V1 LOST CONTROL AND ROLLED SEVERAL TIMES OFF THE ROADWAY TO THE LEFT. THE DRIVER AND ONE REAR PASSENGER WERE EJECTED. THE DRIVER OF V1 WAS KILLED FROM INJURIES SUSTAINED IN THE CRASH. THE TWO PASSENGERS RECIEVED SERIOUS INJURIES. ...

Does the Volunteer Protection Program under OSHA work?

sdlombardi@aol.com (Blog Author)59802 — Mon, 18 Jul 2011 08:00:00 EST

It's no surprise that Texas and Louisiana are a part of this program and have the more self-regulated sites than most other states participating. But how does one square away the 74 worker's killed since 2000 under this program?

The VPP is a self-regulated OSHA program that makes the employer responsible for safety; a fact that surprises me since I thought employers were already responsible for the safety of the workers. What this program seems to do is allow employers to be exempt from a simple inspection. Here is an excerpt from this very interesting story.

That status makes the refinery part of an elite group of businesses that serve as ambassadors between industry and the agency's safety inspectors. In exchange for professing a commitment to safety and carrying that message to private-sector peers, program members get a three-to-five-year exemption from routine OSHA inspections and a friendlier relationship with the feds, not to mention bragging rights useful to the public relations department. Created in 1982 as part of the Reagan Administration's effort to shrink the federal bureaucracy, the program was an experiment in industry self-policing.
The commitment to safety may be sincere, but evidence that the program is actually achieving its goals is hard to come by. The deaths at Marathon are not the only fatalities at these so-called model workplaces. Since 2000, at least 74 workers have died at certified sites and agency investigators found serious safety violations in at least 47 cases, according to records examined by The Lens in collaboration with Center for Public Integrity's iWatch News.
In Louisiana, there have been six deaths since 2000, including the three at Marathon in Garyville and two at other facilities that were linked to serious violations of their safety code. None of the Louisiana deaths resulted in companies losing model workplace status. Indeed, the disconnect between the Voluntary Protection Program's goals and its results is especially stark in Louisiana, where a large petrochemical industry puts workers in daily contact with life-threatening risks that are not measured by the program. The big problem, program critics contend, is that the potentially catastrophic risks inherent in refinery operations aren't meaningfully reflected in the personal-injury data that is the program's primary metric.
One has to wonder if this program will lead to more, not fewer, wrongful death lawsuits.

To read more about the VPP follow this link to Ariella Cohen's article on i-Watch News.

Eye-In-The-Sky Kaching-Cameras! Go Live on Independence Day

sdlombardi@aol.com (Blog Author)58641 — Fri, 08 Jul 2011 08:00:00 EST

Des Moines Unmanned Traffic Cameras: Fair Warning Period Ends Sunday - Big Brother Officially Legal

Des Moines, Iowa - Unmanned Traffic Cameras: Law enforcement goes on automatic pilot at 12:01 a.m. Sunday, July 3, 2011. It almost seems ironic that on the 4^th of July weekend, Independence Day, we lose a little more independence. The reason the public needs red light and speed cameras is twofold. First, the towns need the easy predictable revenue. Second, it's both predictable and easy to catch these law breakers. And that is the sad part of this entire scenario. Like ignoring the warnings on a package of cigarettes red light runners are asking for trouble and playing against the odds that sooner or later they will cause an accident that can result in serious injury or death, which by the way may actually be their own. So Sunday Des Moines cameras are live and like slot machines the coin will come in by the dump truck load; because, Sunday is the last day for a free warning to red light jumpers. The cameras are installed at East 15th and Maple streets, 19th Street and University Avenue, MLK Jr. Parkway and School Street, 9th Street and Grand Avenue and Southeast 5th Street and Army Post Road. The fine will be $65 for running a red light, $65 for speeding by one to 15 mph, $75 for speeding 16 to 20 mph and $80 for speeding more than 21 mph. "A video is worth a thousand words. If we can change this type of behavior in the city of Des Moines, I think it will save lives in the end," said Scott. Police said they have seen fewer violations than expected, captured by the cameras.

Iowa PI Accident: Pit Bull Get's past 6-Foot-Fence to Attack 10-year-old boy

sdlombardi@aol.com (Blog Author)58640 — Thu, 07 Jul 2011 08:00:00 EST

The owner's description that the pit bull got free past a 6-foot chain-link fence is an interesting admission. KCCI's story about the Cedar Rapids pit bull attacking a 10-year-old boy and his 18 year old rescuer, Eddie Frye were attacked and are hospitalized needing surgery.

How does a pit-bull get over the top of a 6-foot-chain link fence? That is what I'd like to know. Where are the gates, how do they latch, how securely do they latch, are there any holes under the fence that should have been maintained, was the fence properly constructed to deter digging holes under the fence, etc, etc, etc. If I were a relative I'd bet my camera and head over to photograph the entire fence line. Did this 10-year-old go by there on a daily basis and was the dog simply waiting for him?
For additional stories about PIT BULL ATTACKS read these news items:

Man Comes To Boy's Rescue In Pit Bull Attack Man Comes To Boy's Rescue In Pit Bull Attack. Police said Thursday that two people in Cedar Rapids, including a 10-year-old boy, were hospitalized after they were bitten by a pitbull. The boy underwent... Jun 30, 2011 9:42am

Man Describes Losing His Dog In Pit Bull Attack Man Describes Losing His Dog In Pit Bull Attack. A Bayard man is speaking out about a pitbull attack that killed his dog. Jack Smith said he felt helpless as he watched his dog take its last breath. For... Mar 08, 2011 6:01pm

More Pit Bull Attacks Reported More Pit Bull Attacks Reported. Police have reported two deadly cases of pit bulls viciously attacking other dogs in Central Iowa in the past week. In all, four dogs are dead and two people were injured... Mar 04, 2011 4:47pm

Owner: Pit Bulls Killed My Dog Owner: Pit Bulls Killed My Dog. A Des Moines dog owner said two pit bulls attacked and killed her dog on Thursday. Linda Cole called police at approximately 6:52 a.m. to report that two pit bulls were... Mar 04, 2011 7:33am

Pit Bull Attacks K9 Out On Case Pit Bull Attacks K9 Out On Case. A Polk County Sheriff's K9 was hurt during a pit bullattack, while out on a case. Polk County Deputy Mark Mohr and his dog Damian had been called to assist Des... Mar 16, 2011 6:11pm

Girl Mauled By Pit Bulls In Yard Of Home Girl Mauled By Pit Bulls In Yard Of Home. A girl has been hospitalized after being attacked by two dogs in rural Akron. The victim of Wednesday's attack Breanna Buenger, 10, is being treated at an... Apr 16, 2011 7:25pm

Woman Injured In Pit Bull Attack Woman Injured In Pit Bull Attack. A Newton woman is recovering after being mauled by apit bull. Witnesses said 62-year-old Cora Vande Heiden was jogging down the street, when three pit bulls surrounded... Aug 20, 2010 10:32pm

Des Moines Considers Pit Bull Ban Des Moines Considers Pit Bull Ban. Des Moines city leaders are considering a ban on pitbulls in the city, but the head of the Animal Rescue League said he thinks it's a bad idea. The idea is getting... Jul 25, 2009 9:37am

Denver Impounds, Euthanizes 3 Pit Bulls Daily Denver Impounds, Euthanizes 3 Pit Bulls Daily. Since reinstating its pit bull ban in May, Denver has impounded more than 380 pit bulls and is euthanizing them at an average rate of three a day, Denver television... Jul 21, 2005 4:58pm

Pit Bull Ban Fails To Pass 26, 2004: Bluffs Postpones Pit Bull Ban June 25, 2004: CB Reports 16th Pit Bull Attack June 15, 2004: Bluffs Discuss Pit Bull Ban May 27, 2004: Council Bluffs Man Bit By Pit BullMay 20, 2004:... Aug 12, 2004 3:48pm

Mortgage Fraud Blog's July Posts

sdlombardi@aol.com (Blog Author)58637 — Wed, 06 Jul 2011 08:00:00 EST

In This Issue...
Real Estate Agent Admits Cash Back Scheme
Increase in Suspicious Activity Reports Involving Mortgage Fraud Attributable to Repurchase Demands
Grand Jury Indicts 5 in $9M Mortgage Fraud Scheme
Four Charged in Major Mortgage Fraud Case
Attorney Pleads Guilty to Straw Buyer Scam
Mortgage Fraud Charges Filed Against Owner of Nevada Accounting Firm
Former TBW CEO Sentenced to 40 Months
Real Estate Investor Admits $50M Mortgage Fraud Scheme
Real Estate Attorney Sentenced to Prison
Builder Admits Inflating Purchase Prices
Search Mortgage Fraud Blog

Signs the law is out of touch with reality

sdlombardi@aol.com (Blog Author)58638 — Wed, 06 Jul 2011 08:00:00 EST

Two people are charged with embezzlement, allegedly stealing $5 million from Aviva, an Iowa based insurance company. The defense seemed to be arguing the women would plead guilty to the crimes, which from the news story they later did plead to; each faced between 25 and 40 years maximum sentence. Now here is the kicker that I don't quite get, the mind numbing intellectualization of the law: The defense implied they would argue that because of "mental challenges" the sentences each receives should be lessened. How can a person who can figure out how to steal millions of dollars from an insurance company have any significant mental challenges? If you're smart enough to steal millions of dollars and to do an end-run on accounting checks-and-balances, you can't be very mentally challenged. Morally challenged maybe, but mentally challenged? This seems like an oxymoron.

For other stories about financial litigation see:

Officials: Iowan Embezzled $5.9M From Aviva Officials: Iowan Embezzled $5.9M From Aviva. Charges reportedly have been filed against a Des Moines woman who is accused of embezzling an estimated $5.9 million from AvivaUSA. Aviva USA general... Sep 29, 2009 6:18pm

Ex-Citigroup VP Charged In $19M Fraud Ex-Citigroup VP Charged In $19M Fraud. Gary Foster, a former Citigroup executive, was arrested Monday on charges he embezzled more than $19 million from the bank. According to a criminal complaint unsealed... Jun 27, 2011 1:08pm

Women Charged In Aviva Embezzlement Plead Guilty Women Charged In Aviva Embezzlement Plead Guilty. Two women charged with taking nearly $6 million from insurance company Aviva USA appeared in federal court Thursday morning to plead guilty in connection... Sep 23, 2010 3:51pm

Judge Bars Accused Aviva Embezzler From Funds Judge Bars Accused Aviva Embezzler From Funds. A federal judge has prohibited a woman accused of embezzling funds from an insurance company, and her companion, from assessing money or property purchased... Oct 07, 2009 7:21am

Judge OKs Release Of Embezzlement Suspect Embezzlement Case October 7, 2009: Judge Bars Accused Aviva Embezzler From Funds September 29, 2009: Officials: Iowan Embezzled $5.9M From Aviva ... Oct 27, 2009 4:49pm

Employee Charged In Drake University Theft Case and student activities. The national accounting firm Deloitte performs Drake's annual external financial audit. School officials said they didn't catch the alleged embezzlementover the past more than... Apr 21, 2011 6:12pm

Teller Pleads Guilty In Fake KC Bank Heist Teller Pleads Guilty In Fake KC Bank Heist. A former employee of an Overland Park, Kan., bank has pleaded guilty Monday to embezzlement charges in connection with a staged robbery and kidnapping at the... Apr 04, 2011 2:30pm

ATF Agent Charged In 20-Count Indictment a judge in Richmond, Virginia, and then was released on bond. He is charged with multiple counts of wire fraud, embezzlement, money laundering, possession of stolen firearms and making false statements. Apr 12, 2011 4:44am

Corn bin worker lucky to be alive

sdlombardi@aol.com (Blog Author)58639 — Wed, 06 Jul 2011 08:00:00 EST

A 47-year-old man from Danbury, Iowa (or there abouts) was trapped, up to his chest, in grain after working in the bin and ... sounds like he sunk in. He is reported to be an employee of Danbury Ag Services. The employers have a reason to prohibit employees from doing this; the emergency workers cut a hole in the side of the bin to drain the corn. So now you have a very expensive bin that has been damaged and corn sitting out on the ground that will need to be recaptured. If money or the expense of this operation isn't affected by a simple and less safety harness I'll be surprised.

I've discussed silo and bin safety for agricultural workers in the past. It falls under the fall arrest category. Bin Safety + Fall Arrest for Farm Workers

Agriculture and Animal Rights Clash Over Farming Practices

sdlombardi@aol.com (Blog Author)58634 — Tue, 05 Jul 2011 08:00:00 EST

This is what farm factory mentality does. It wasn't this way when farmers raised enough to make a living. When farm factories are large so are the problems. Watch the video but be forewarned it's pretty graphic. This original story link from the Iowa Independent.

10-year Suspended Sentence for 18-year-old's Driving

sdlombardi@aol.com (Blog Author)58635 — Tue, 05 Jul 2011 08:00:00 EST

This young adult pleads guilty to some charge. The news report refers to authorities who have the car going over 100-mph, then rolling after losing control. A 17-year-old passenger dies. The court in Polk County imposed a 10-year suspended sentence and 5 years of probation. These rollover collisions can be deadly. Speed is many times the cause as is distractions and driving after drinking alcohol.

For additional information about rollover accidents speak with the Lombardi Law Firm and read these news stories:
SUVs Now Least Likely For Rollover Crashes SUVs Now Least Likely For Rollover Crashes. Once feared for their dangerous rollovertendencies, high-riding SUVs are now much less likely to be involved in the deadly crashes than ordinary cars. In... Jun 09, 2011 6:18am
Driver Killed In Rollover Crash Driver Killed In Rollover Crash. A Perry man was killed Wednesday in a one-vehiclerollover crash. The Iowa State Patrol said Andrew Bock, 44, of Perry, died in the crash in the 14000 block of H Avenue... Jun 23, 2011 11:01am
Deputy 'Very, Very Sore' After Rollover Deputy 'Very, Very Sore' After Rollover. Officials said a Boone County deputy rolled his vehicle several times during a chase on Highway 30 Tuesday morning. Photos: DeputyRollover Crash Chief... Apr 06, 2011 7:42am
The Latest Headlines From CNN Radio And The CNN Wire there. A new report from the Insurance Institute of Highway Safety finds that SUV roll-overtendencies have dramatically dropped. In fact, someone driving a 2009 model year car is twice as likely to die... Jun 09, 2011 1:52pm
The Latest Headlines From CNN Radio And The CNN Wire bank was contacting people who were affected. SUV-Rollover Someone driving a 2009 model year car is almost twice as likely to die in a rollover crash as someone in a 2009 SUV. That was one of the surprising...Jun 09, 2011 6:46am
The Latest Headlines From CNN Radio And The CNN Wire after a lightning strike. They're all expected to be okay. SUV-Rollover SUVs are now much less likely to be involved in deadly rollover crashes than ordinary cars. That was one of the biggest surprises... Jun 09, 2011 5:47am
Woman Killed In Rollover Crash Woman Killed In Rollover Crash. A Tama woman was killed Monday night in a crash south of Montour . The Iowa State Patrol said Denise Laughlin, 29, died in the crash. Investigators said the crash... Apr 12, 2011 3:04pm
39 Hurt In I-80 Bus Crash said none of the injuries are believed to be life-threatening. He said the driver was the most seriously injured in the rollover crash, and was pinned in the bus for a time. Rescue squads from several... Jun 07, 2011 9:33am
Chevrolet Volt Earns Top Gov't Safety Rating Safety Administration's new rating system, all vehicles are given a single rating of one to five stars encompassing front and side impact safety as well as resistance to rollovers. The Volt earned four... Jun 03, 2011 3:04pm
Small Cars Faring Better In Safety Tests are the 2012 Ford Focus and Honda Civic, along with the 2011 Hyundai Elantra, Lexus CT 200h hybrid, Nissan Juke and Toyota Prius hybrid. The ratings are based on performance in front, side, rollover and... May 27, 2011 6:38am
Air Ambulance Flies Through Rainstorm To Get Patient of 500 feet. The WAAS is the latest in air navigation technology, officials said. The Mercy One air ambulance's mission was to take a 15-year-old patient hurt in a rollover crash from the Chariton airport... Apr 26, 2011 5:54pm
Driver Ejected During Police Chase Rollover Crash Driver Ejected During Police Chase Rollover Crash. Des Moines police said a chase led to a very serious crash early Monday morning. Police said they tried to pull a driver over for going the wrong way... Mar 28, 2011 1:47pm
Driver Killed In Molasses Truck Rollover Driver Killed In Molasses Truck Rollover. Iowa State Patrol troopers said a semi crashed into a car on Interstate 80 late Tuesday night, killing the truck driver. Troopers said the car was partially... Mar 23, 2011 10:19am
Seven Questions To Ask When Purchasing A New Family Vehicle by the National Highway Traffic Safety Administration that tests for front and side impacts as well as resistance to rollovers. 4. What do consumer publications say? Whether you're looking at 2011 new... Mar 21, 2011 9:58pm

Another Iowa ATV death from the Cedar Rapids area

sdlombardi@aol.com (Blog Author)58632 — Mon, 04 Jul 2011 08:00:00 EST

Two men on an ATV were seriously injured, one was killed, after the driver lost control and the two were thrown off of it. KCCI - TV - 8 is reporting, via the Cedar Rapids Gazette newspaper that Scott Dierks of Clarence and Daniel Mohr of Clarence are the ATV driver and passenger. I have to wonder about the amount of risk a passengers assumes when riding on the back of an ATV. Does the rider assume the risk the driver will drive too fast and lose control over the ATV and place the passenger at a risk of losing their life or seriously being injured? Do insurance companies actually write liability insurance to cover these? I know homeowner policies can cover the owner, but what about young adults that own them and have no homeowner insurance policy? Does the rider risk his life or limb with no recourse? The risk-reward ratio seems to be off on the ATV dirt riding adventure.

For this story see Man Dies 10 Days After ATV Crash, July 1, 2011, KCCI-Channel 8 and the AP.

Mittleman Law Firm in Michigan on Hot Coffee, on HBO

sdlombardi@aol.com (Blog Author)58633 — Mon, 04 Jul 2011 08:00:00 EST

This must-see film premiered yesterday, June 27 on HBO, and will be playing throughout the week. It will be on HBO2 at 8 p.m. on Wednesday, June 29, and again on HBO at 1:30 p.m. on Thursday, June 30. In July,Hot Coffee will appear on HBO on Saturday, July 2, Tuesday, July 5, and Thursday, July 7. Check your local listings for additional dates and times.

Floyd County Jail Ceiling Collapsed due in part to heavy rains

sdlombardi@aol.com (Blog Author)58186 — Thu, 30 Jun 2011 08:00:00 EST

This is an example of property damage claims caused by other work being done. There is a $240,000 exterior brick replacement project underway on the exterior of the building and for some unexplained reason the rain came into the building, soaked the ceiling causing it to fall. Workers and inmates were not injured. The scope of work was not described. Follow the link to read more.

Pulling trailer leaves man with loss of leg

sdlombardi@aol.com (Blog Author)58160 — Wed, 29 Jun 2011 08:00:00 EST

According to the published report out of Texas a man on I-35 changing a tire was struck by a passing pickup truck and lost his leg from the impact. The passing pickup truck as towing a trailer and reportedly clipped the man severing his leg. Trailers are dangerous and can be wider than the vehicle towing them; so extra caution must be used when towing any kind of trailer, but especially when passing a pedestrian or stranded motorist. Report is out of New Braunfels, Texas.

Elderly Man Changing Tire Loses Leg After Struck by Pickup Along I-35

KGNB 1420 AM

Police officials say the impact from that collision severed the man's leg. ... and police say the investigation into that accident is ongoing, ...

Another intersection collision leads to passenger's death

sdlombardi@aol.com (Blog Author)58146 — Tue, 28 Jun 2011 08:00:00 EST

In another accident, similar to the one in Buena Vista County, an intersection collision, where a failure to stop at the stop sign is the alleged fault of one driver, resulted in the death of Michael Leroy Hawkins, again a passenger in one of the vehicles. Unlike drivers passengers are rarely found to be at fault other than to wear their seatbelts and that results in less than 5% reduction in damages. Michael Leroy Hawkins, a passenger in Howell's car, died as a result of the accident.

Newton man dies in car accident

DesMoinesRegister.com (blog)

A 65-year-old Newton man was killed in a car accident late Saturday night on Iowa Highway 14. According to an Iowa State Patrol report, Ingrid Sawyer, 36, was traveling south on Iowa 14 and Ellen Howell, 64, was traveling west on South 24th Avenue West ...

Two-car Crash and Rollover in Monticello on 151

sdlombardi@aol.com (Blog Author)58185 — Tue, 28 Jun 2011 08:00:00 EST

The report is that Dustin Wink of Wyoming, Iowa was taken to the hospital with life threatening injuries following a two-vehicle crash on Highway 151 in Jones County. There is no real description of how the crash occurred on the KCRG-TV 9 News site. Follow the link for photographs showing the white car on its side.

Passengers live and die with driver decisions

sdlombardi@aol.com (Blog Author)58188 — Tue, 28 Jun 2011 08:00:00 EST

I-80 can be a dangerous road to travel on as this accident reported out of North Platte, Nebraska shows us. The driver and his passenger were killed after the pickup truck went onto the median, overcorrected, rolled the truck and then slammed into a semi-truck heading in the opposite direction. The semi's driver and his co-driver were taken to an area hospital. See the link for further details from the AP reporting for KCAUTV.com which is an ABC Channel 9 affiliate.

Failure to yield at an intersection in Buena Vista County alters the lives of teenagers

sdlombardi@aol.com (Blog Author)58144 — Mon, 27 Jun 2011 08:00:00 EST

One car is heading south and the other east. The easterly headed car comes from the right and with the southbound car not stopping at the stop sign, or at least failing to yield the right of way, a crash ensues. According to the news report an 18-year-old teen lost her life and two other teenagers were flown to Mercy Hospital in Sioux City, Iowa. Those involved include Amy Edge, Emily J. Averill, Brennan Walter all from Fort Dodge as well as Ron Hapes of Laurens, Peyton White of Carroll and Abigail Biggins also of Fort Dodge.

So one has to wonder about why the car didn't stop at the stop sign. Was there a distraction in the car? Was the attention of the driver someplace other than on his driving? Was there something blocking the stop sign? Did the driver have experience at this intersection? Was alcohol involved? All of these questions deserve of an answer; especially to the victim passengers, the family of the young lady that lost her life and the other driver. Police release name of Marathon crash victim

Sioux City Journal

The Buena Vista County Sheriff's Office identified the crash victim as 18-year-old Emily Joy Averill, of Fort Dodge, Iowa. According to the sheriff's office, two vehicles collided about 3:30 pm Sunday at the intersection of Iowa Highway 10 and County ...

Does The Blind Spot Save the Driver from Being Considered Negligent?

sdlombardi@aol.com (Blog Author)57551 — Fri, 24 Jun 2011 08:00:00 EST

The quick answer is not usually; driving beyond what you can see is a failure to have your vehicle under control. Drivers know where there is a blind spot and driving beyond what you can see while making a movement won't stop a jury or judge from finding the driver is negligent.

Driver One: Brittany Roozeboom, 22 from Des Moines

Driver Two: Dennis Dittmer, 53 from Newton, Iowa.

Injured Passengers:

DOI: 6/13/2011

TOI: 7:03 am
LOI: WB INTERSTATE 80 - 768 FEET NORTH OF (MILEPOST 126), I-35 and I-80 in either DesMoines, Grimes, Urbandale, Clive or West Des Moines, Polk County, Iowa

Narrative: VEHICLE 1 WAS WESTBOUND/SOUTHBOUND ON INTERSTATE 80/35 AT THE 126MM IN THE OUTSIDE LANE. VEHICLE 2 WAS ALSO WESTBOUND/SOUTHBOUND ON INTERSTATE 80/35 AT THE 126MM IN THE MIDDLE LANE. VEHICLE 2 SIGNALED TO CHANGE LANES FROM THE MIDDLE TO THE OUTSIDE LANE OF TRAFFIC. VEHICLE 1 WAS IN VEHICLE 2 BLIND SPOT. VEHICLE 2 THEN STRUCK VEHICLE 1 CAUSING THE VEHICLE TO GO OFF THE ROAD TO THE RIGHT.

Iowa PI Accident Lawyer Analysis: Hazen and Hansen

sdlombardi@aol.com (Blog Author)57550 — Thu, 23 Jun 2011 08:00:00 EST

In this failure to maintain control case we have one car crossing the center line and colliding with a second one. The first lost control when for some reason it's described as going onto the shoulder, overcorrecting, losing control and veering over the other side into oncoming traffic only to collide with the Marti Hansen vehicle, described as a 1990 Ford RNG PK. Marti appears to be 20-years of age and the other driver, Curtis Hazen appears to be 18. Hazen is from Magnolia and Hansen from Missouri Valley, Iowa. The Trooper cited Hazen for violating Iowa Code section 321.288 for a failure to maintain control. This can be an indication of negligence in any claim.

Driver One: Curtis Hazen, Magnolia, Iowa (18)

Driver Two: Marti Hansen, Missouri Valley, Iowa (20)

Injured Passengers: None shown on the report.

DOI: 6/16/2011

TOI: 4:15 pm
LOI: Harrison County, Iowa

Narrative: DRIVER #1 ADVISED WENT OFF ONTO RIGHT SHOULDER, OVERCORRECTED, AND WENT ACROSS NORTHBOUND LANE. DRIVER #2 WAS NORTHBOUND AND TRIED TO AVOID #1, BUT IMPACTED #1 IN THE PASSENGER SIDE DOOR. VEHICLES CAME TO REST AGAINST THE GUARDRAIL.

Is your Motorcycle Accident from Axle Fatigue?

sdlombardi@aol.com (Blog Author)57761 — Thu, 23 Jun 2011 08:00:00 EST

Here is an interesting article with the idea that some of these unexplained motorcycle crashes may not be from errant deer running across the street. Perhaps saving the motorcycle is worth the effort and then having the axle tested to see if it broke. Deer or axle fatigue?

Motorcycle Axle Failure Now that summer is here, a lot of people are going to be dusting off their motorcycles and pulling them out of the garage for some good weather riding. Be sure to inspect the bike thoroughly though, as improper maintenance can lead to unfortunate results. J.E.I. Metallurgical, Inc. was requested to perform a metallurgical failure analysis to determine the cause of failure after the separation of a drive chain and rear wheel/axle from a custom motorcycle. Metallurgical Failure Analysis Metallurgical Failure Analysis is a scientific process in which a cracked or fractured piece of equipment or weld is analyzed to determine the cause of failure. Metallurgical failure analysis begins with visual examination, photo-documentation and microscopic examination. This non-destructive phase of examination may be followed by laboratory testing. The laboratory phase of metallurgical failure analysis involves cutting samples from fractured or cracked, conducting a microscopic examination of the fracture or crack, cutting, mounting and polishing samples for scanning electron microscopy (SEM), energy dispersive spectroscopy (EDS), microstructural examination, microhardness testing and profiling, chemical analysis, etc. The goal of the process is usually to ascertain why the component cracked or fractured, i.e., causation of the crack or failure.

Age, Eyesight and Iowa Car Accident Crash Liability

sdlombardi@aol.com (Blog Author)57549 — Wed, 22 Jun 2011 08:00:00 EST

Iowa PI Accident: McQuown and Knuths

In this June 10, 2011 accident in Palo Alto, Iowa we have an 83 year-old driver in car one and in car two there is a 23-year-old driver. In the first car are no injured passengers and in car two there appears to be two injured passengers. The ISP Trooper describes the accident as having occurred because driver one did not see the second car and although he had a duty to yield (stop sign) he failed to do so, pulling out in front of the Ford van and the two collided. Driver one was driving a 1987 Mercury PC. This is simply a failure to yield question which sent four people to the hospital.

Drivers: Lee McQuown and Mark Knuths.

Injured: Lee McQuown, Mark Knuths, Ricky Burnett, Rachelle Henderson.

DOI: 6/10/2011

TOI: 11:23 a.m.
LOI: 460^th Avenue and B57 in Palo Alto County, Iowa

Narrative: VEH #1 EB ON B57 STOPPED AT STOP SIGN VEH #1 DIDN'T SEE VEH #2 SB ON HWY 4 VEH #1 PULLED AWAY FROM SIGNH AND TURNING NORTH AND COLLIDED WITH VEH #2 BOTH CAME TO REST ON TRAVELED PORTION OF HWY 4

The dream that doesn't exist.

sdlombardi@aol.com (Blog Author)57760 — Wed, 22 Jun 2011 08:00:00 EST

At the mortgage fraud blog we have ten more articles posted. Don't do it, it's not worth the time you'll spend in prison. Prison sentences received range from 144 months, to 8 years, to 30 months for each count. This is what is left over from the Bush Era of anything goes and everything is okay no matter how wrong morally. For the individual stories go to the Mortgage Fraud Blog where they cover mortgage and real estate fraud throughout the United States.

Mortgage Fraud Blog - 10 new articles
In This Issue...
Title Company Owner Sentenced for Mortgage Fraud
Woman Sentenced to 12 Years for Mortgage Elimination Scheme
Bank Loan Officer Admits Fraud Scheme
Bank Senior VP Sentenced for Fraud
California Man Pleads Not Guilty to Florida Mortgage Fraud
Woman Admits Mortgage Fraud / ID Theft Charges
Appraiser & Real Estate Agent Charged for Straw Buyer Scam
Woman Charged and Pleads Guilty to Mortgage Fraud
Fraudster Sentenced for Loan Modification Scam
Adviser Charged With Defrauding Investors in 2 Real Estate Funds
Search Mortgage Fraud Blog

Iowa State Patrol Fatality Reports for Saturday, June 18, 2011

sdlombardi@aol.com (Blog Author)57545 — Mon, 20 Jun 2011 08:00:00 EST

Today is June 18, 2011 and I'm going to list the personal injury accidents and crashes on the Iowa roads and interstate highway system. They come off the ISP website but you are free to contact me if you want further assistance. I can be reached by email at sdlombardi@aol.com or by phone 515-222-1110.

One fatality report involving a Richard England from Wellsburg, Iowa driving a UPS Mack Tractor registered in Aurora, Illinois. The narrative says, "UNIT 1 WAS SOUTHBOUND AT THE 98.5 MILE MARKER WHEN IT LOST CONTROL AND ENTERED THE MEDIAN, STRIKING THE CABLE BARRIER. " by Trooper Salesberry from Post One. Accident happened on June 12, 2011 at 11:33 p.m. in Polk County, Iowa in the NB/EB Interstate 35 at milepost 98. Trailer looks to be a double bottom and the cause of the collision is a loss of control, for some unknown reason.

Not that it makes any difference in a workers' compensation claim, because so long as the accident happened during and while doing his work his widow or minor dependents and college dependents will still get benefits. Nevertheless we can't help but wonder about the cause. Report.