What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

Groundskeeper and Maintenance Workers

Pedestrian Collisions Causing Injury and Death

Civil damage lawsuits and criminal law deaths, OWI and drunk driving

Client Trial-Deposition Preparation

Cheerleading Safety and the Law of Cheerleading

Criminal Law Commentary - Todd Miler

Wrong-way Interstate and Highway Collisions in Iowa

I-35 I-80 I-235 I-380 Collisions/Accidents

General - Rants - Raves and Housekeeping

Motorcycle Accidents

Workplace Injuries

Wrongful Death Cases

Nerve, Brain and Spinal Cord Injuries

Property-Injury Cases

Trial Practice - Mostly for lawyers

Trial Practice - Mostly for non-lawyers

Whisteblower Claims

Unsafe Products

Boating & Water Injuries and Accidents

General

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Client Toolbox

Car and Tractor Trailer Accidents

Large Damage, Major-Serious Injury and Death Cases

Cheerleading Safety and the Law of Cheerleading

Workers' Compensation

Groundskeeper and Maintenance Workers

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

Injury Caused by Property Defects

Client Trial-Deposition Preparation

Do you wonder how you should prepare for answering questions in your deposition? In this segment Attorney Steve Lombardi will tell you how to think about answering questions in a deposition. These are Lombardi's 8 Simple Rules for Answering Deposition Questions.

Civil damage lawsuits and criminal law deaths, OWI and drunk driving

Trial Practice

Client Toolbox

Attorney Toolbox

General

Iowa State Fair 2009 Photography Competition

The Lombardi Law Firm Library

On the page below you can find links to documents, reports, publications and discussions provided by Lombardi Law Firm.

The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.

Library Categories

Car and Tractor Trailer Accidents

Driver Safety: Does snow and ice on the road excuse the driver’s negligence?
Description: Officer Daniel notes major contributing circumstances include the roadway’s weather condition, the road surface condition and the first event is that the Palen vehicle crossed the center line. Let’s assume this to be the case. There are four factors to take into consideration.

1. There is a snow storm.
2. The roadway has snow and ice.
3. Palen crosses the center line.
4. Palen’s speed is fast enough for the weather conditions that the tires of her vehicle lose friction allowing the vehicle to slide out of control.

The first question you have to ask yourself is at what point a person simply has to not leave the house, waits to drive on the roads, if already on the roadway to pull off of the roadway and wait for the weather to clear sufficiently that travel is once again safe.

Iowa is a comparative fault state. What is fault as the law defines it? Fault is one or more omissions towards the person or property of the actor or of another which constitutes negligence or recklessness. It could mean misuse of a product, unreasonable failure to avoid an injury or unreasonable failure to mitigate damages. Iowa Code 668.1.
Driver Safety: Does snow and ice on the road excuse the driver’s negligence? [PDF]
Description: Officer Daniel notes major contributing circumstances include the roadway’s weather condition, the road surface condition and the first event is that the Palen vehicle crossed the center line. Let’s assume this to be the case. There are four factors to take into consideration.

1. There is a snow storm.
2. The roadway has snow and ice.
3. Palen crosses the center line.
4. Palen’s speed is fast enough for the weather conditions that the tires of her vehicle lose friction allowing the vehicle to slide out of control.

The first question you have to ask yourself is at what point a person simply has to not leave the house, waits to drive on the roads, if already on the roadway to pull off of the roadway and wait for the weather to clear sufficiently that travel is once again safe.

Iowa is a comparative fault state. What is fault as the law defines it? Fault is one or more omissions towards the person or property of the actor or of another which constitutes negligence or recklessness. It could mean misuse of a product, unreasonable failure to avoid an injury or unreasonable failure to mitigate damages. Iowa Code 668.1.
Auto Safety: Why do car and motorcycle accident cases take so long to conclude? [PDF]
Description: Why do lawsuits take so long to conclude? That’s a question you may have asked before. Perhaps you’ve sat around the local diner complaining about the weather and as often will happen sooner or later the conversation turns to the lawyers or court system. Well let us explore the answer to that question in this White Paper offered by Steve Lombardi, Lombardi Law Firm.
Driver Safety: Starts before you turn the ignition key, by Steve Lombardi [PDF]
Description: Tractor trailer drivers recommend that, when cars have to share the road with big trucks, the car drivers follow a few simple rules: don’t cut off the tractor trailer, since big trucks require a lot more room than cars to stop; be courteous and don’t try to race past a truck with its blinkers on; don’t drive alongside the truck, especially if you run the risk of disappearing in the truck driver’s blind spot. Although most accidents are caused by the commercial driver, a significant number of these accidents occur because driving a truck makes it difficult to fully see the surroundings and because many passenger vehicle drivers fail to respect the truck’s right to drive on the roads. Remember being courteous is a two-way street.

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Large Damage, Major-Serious Injury and Death Cases

ATV Safety is not a matter of luck
Description: 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 provide a YouTube video clip that shows a backward rollover onto the driver, who luckily isn't killed.
Will the police conclusion of an accidental shooting preclude a civil action?
Description: Let’s assume for the sake of this post that two men are out shooting targets and the gun one holds does accidentally discharge killing the other. The police, like they did in this case conclude it was accidental, is there a possible civil action?

Will the police conclusion of an accidental shooting preclude a civil action?
Food Poisoning: What tests prove I have salmonella poisoning? [PDF]
Description: What medical tests prove food poisoning? In this article Steve Lombardi writes a White Paper on what medical tests you will need to have performed in order to prove you have food poisoning.
Food Poisoning: What tests prove I have salmonella poisoning? [PDF]
Description: Food Safety, how do you prove you have salmonella poisoning? If you have the symptoms of food poisoning you first need to obtain proper medical care. The doctor will need to diagnose food poisoning by a blood and stool test. Those tests are very important later to proving a case. Without blood and stool test that show the presence of Salmonella it is only your testimony describing symptoms; and that won’t be enough to carry the case of liability.
Noffke vs. Bakke: Cheerleading personal injury case involving immunity questions [PDF]
Description: In this case the Wisconsin Cour of Appeals decided on immunity protections to a cheerleader by ruling on whether cheering is a contact sport entitled to protective immunity from liability under Wisconsin law. The case is on review with the Supreme Court of Wisconsin.

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Cheerleading Safety and the Law of Cheerleading

While very rare, catastrophic injuries in youth sports have a major impact on athletes and their families when they do occur. This article reviews and summarizes the sparse research on direct catastrophic injuries in youth sports, a direct catastrophic sports injury being defined as a sport injury that resulted from participation in the skills of the sport, and resulted in a fatality or in a non-fatal brain or spinal cord injury, or skull or spinal fracture.
Description: While very rare, catastrophic injuries in youth sports have a major impact on athletes and their families when they do occur. This article reviews and summarizes the sparse research on direct catastrophic injuries in youth sports, a direct catastrophic sports injury being defined as a sport injury that resulted from participation in the skills of the sport, and resulted in a fatality or in a non-fatal brain or spinal cord injury, or skull or spinal fracture.
2009-2010 AACCA College Safety Rules
Description: The AACCA is the American Association of Cheerleading Coaches and Administrators – more than 20,000 cheer coaches. The 2009 - 2010 Cheerleading Safety Rules for Collegs is provided here.
2009-2010 AACCA High School Safety Rules
Description: Here you'll find the AACCA High School Safety Rules for the 2009 - 2010 school year. Join us for Safety First and save a cheerleader's life.
NCSF & NCSSE Partner for a New Era in Cheer Safety
Description: The National Cheer
Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”
NCSF & NCSSE Partner for a New Era in Cheer Safety [PDF]
Description: The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

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Workers' Compensation

Worker Safety in Iowa - Sodium Hydroxide [PDF]
Description: Sodium Hydroxide - Chemicals used or occurring in electronics manufacturing are listed here under general groups. This chemical groups list can be used (1) to identify specific names of chemicals, and (2) to group chemicals generally according to use and type of hazard. For example, you are using certain acids, but are not sure what specific kinds. The group list for acids provides specific names which may help you to identify the acids you are using.
Workers' Compensation - Chemicals In the Workplace - Sodium Hydroxide
Description: Chemicals in the workplace are an often times ignored risk of injury and death. Here is a start of what to look for in your place of work. A recent tragedy at a Mason City hospital made us think about adding it to our own site for workers to learn more about the risks in their work places.
What are PCB's? [PDF]
Description: PCB's or polychlorinated biphenyls (PCBs) are man-made organic compounds that can be found in capacitors, transformers, electric motors, oil-based paint, plastics, insulation material, pumps, and pipes. PCBs have been used in literally hundreds of industrial and commercial applications.
Revisiting the Going and Coming Rule in Iowa [PDF]
Description: When an employee is required to provide their own transportation for use during the work hours they are covered for workers' compensation benefits while driving to and from work. In this outline Steve Lombardi discussed the situations in Iowa that have made for cases under Iowa's going and coming rule.

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Groundskeeper and Maintenance Workers

Grounds keeper safety can't ever be taken lightly
Description: Grounds keeper safety is important. Job tasks can kill you. Serious injury is a constant risk. In this post we look at white tigers and the grounds keeping work of the cleaner.
F.A.C.E. Investigation Report for maintenance worker struck by hose nozzle. [PDF]
Description: In this case a groundskeeper and municipal maintenance worker was killed when struck with the steel coupling of an out-of-control high pressure nozzle/nossle. SUMMARY
On June 27, 1996 a 62 year-old senior grounds keeper/maintenance worker was killed when a
high pressure water hose went out of control. A crew of workers was using a plunger pump
sewer cleaner to attempt to blast water into a hole to deepen it for installation of a new light pole.
The victim died when he was struck on the head by the steel coupling of the hose. Three other
workers were injured. New Jersey FACE investigators concluded that, in order to prevent similar
incidents, the following safety guidelines should be followed:
o Equipment should be used only for the purpose for which it was designed.
o Employers should implement a comprehensive safety training program.
o Employers should conduct a job hazard analysis to identify and correct potential hazards.

http://nj.gov/health/eoh/survweb/96nj044.pdf

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What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

Minnesota Patient Safety Reports - Preventable Errors
Description: Iowa, wrong-site, surgery, preventable,
errors, hospitals, reporting,
increase, patient, safety
New England Journal of Medicine: A pre-surgical checklist includes the time-out.
Description: wrong-site, wrong-procedure, wrong-patient, surgery, time-out, pre-surg, surgical, team, Doctors have reported that a simple checklist of procedures to be under taken and other such basics can halve the rate of surgery related deaths. The World Health Organization team reported the checklist procedure was similar to the one pilots used before every flight and this simple and inexpensive addition could also cut the complication rate post surgery.

"Using a surgery checklist designed for safety cut the complication and death rate by a more than a third," said lead researcher Dr. Atul Gawande, an associate professor of health policy and management at the Harvard School of Public Health and a surgeon at Brigham and Woman's Hospital, Boston. "The safety of surgery has now become a major public health concern."

The report was published in the Jan. 14 online edition of the New England Journal of Medicine. In the study Gawande's team collected data on 7,688 patients across hospitals in Seattle; Toronto; London; Auckland, New Zealand; Amman, Jordan; New Delhi, India; Manila, Philippines; and Ifakara, Tanzania.
Florida: Wrong-site, Wrong-patient, Wrong-procedure or "never-events".
Description: A Florida blog that discusses very generally Wrong-site, Wrong-patient, Wrong-procedure or "never-events".
PAMELA G. ROCK vs. WARHANK, BLUE GRASS FAMILY, et. al. - Medical Malpractice Statute of Limitations [PDF]
Description: Pamela Rock developed a lump on her breast. She went to the doctor who later diagnosed breast cancer. She alleges malpractice in the detection process and what was told to her about her condition. Allegations are just that and will need to be proven. The District Court and the Iowa Court of Appeals found she filed her case too late; two days late. The Iowa Supreme Court in a decision that backs away from the Court’s latest pronouncements for tort deform held her case could proceed.

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Injury Caused by Property Defects

Iowa Fire Deaths: Landlords, Tenants and Homeowners – Get your act together. [PDF]
Description: House and building fires in Iowa have killed 19 people since January 1, 2009. Four more people died just this past week. During all of 2008 there were just nine. In 2007 there were 30 and 2006 33 fire related deaths in the State of Iowa.
Iowa Fire Deaths: Landlords, Tenants and Homeowners – Get your act together.
Description: In Iowa fire related deaths kill between about 30 people every year. Smoke detectors would save many of those residents, apartment dwellers or home renters. In this article Steve Lombardi addressed the Code requirements for smoke detectors in Iowa.

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Client Trial-Deposition Preparation

Do you wonder how you should prepare for answering questions in your deposition? In this segment Attorney Steve Lombardi will tell you how to think about answering questions in a deposition. These are Lombardi's 8 Simple Rules for Answering Deposition Questions.

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Civil damage lawsuits and criminal law deaths, OWI and drunk driving

WRONGFUL CONVICTIONS OF OWI IN IOWA
Description: You are innocent and charged with OWI. You should either get a dismissal of the charge before a trial, or a unanimous jury verdict at trial of “not guilty” which in legal terms is called an acquittal. I’ve had jury acquittals on breath tests as high as .185, which is more than twice the legal limit, and on breath tests as low as .06, which is less than the legal limit of .08. Yes, sometimes prosecutors will file an OWI charge even if you blow less than .08.
What five things should you not do upon being stopped?
Description: What five things should you not do upon being stopped? Know your rights and how not to make matters worse for yourself. Today we level the playing field.
Teenage drinking - What is a lethal limit of alcohol? Having an action plan.
Description: How do you know when your friend has had a lethal dose of alcohol? Scientists use the term "lethal dose" (LD) to describe the dose (or in the case of alcohol, the concentration) that produces death in half the population (LD:50). Most authorities agree that blood alcohol concentrations in the 0.40 - 0.50% range meet the requirements for the LD:50. The blood alcohol concentration is the percentage of alcohol in the blood that results after alcohol is absorbed from the stomach into the blood supply. Obviously, studies of lethal dosage cannot be tested empirically in the laboratory, so the LD:50 for alcohol is estimated from post-mortem cases in which alcohol poisoning was found to be the primary cause of death.

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Trial Practice

THE JOB OF YOUNG LAWYERS IS AN INTERESTING LEARNING EXPERIENCE
Description: Joe Mccloud was southbound on 180th St. in Appanoose County when he lost control of his vehicle striking a tree in the West ditch. All though Mr. Mccloud was wearing his seatbelt he died from the injuries sustained in the crash. The point of contact was broadside on the driver’s door.
For young lawyers and would-be trial lawyers these single-car accidents can be a useful exercise in how to investigate an mva. In this instance there are many questions with no answers need to be asked. What would you want to know?
THE ATTORNEY-CLIENT RELATIONSHIP – NONWAIVABLE CONFLICTS OF INTEREST [PDF]
Description: Attorneys are often times confronted with conflict of interest situations. In this article, THE ATTORNEY-CLIENT RELATIONSHIP – NONWAIVABLE CONFLICTS OF INTEREST Steve Lombardi and Justin Rogers discuss the issue of the nonconsensutable caselaw.
CaseMap, Assisting Litigation [PDF]
Description: In this article written for CaseSoft, Steve Lombardi discusses some of the ways he uses CaseMap and NoteMap software for litigation and as a management tool in his businesses and personal life. By employing outside-the-box thinking you can learn how to better use CaseMap in the litigation process.
Inadvertent Disclosures and the Attorney-Client Privilege in the Electronic Age [PDF]
Description: In a world of electronic communications lawyers are faced with an ever increasing challenge of how not to inadvertently disclose attorney-client communications. In this outline Steve Lombardi explores this growing challenge and some solutions to protect the privilege.
Hospital Billing: Tricks of the Trade Part II [PDF]
Description: In this second part Steve Lombardi examines a few of the billing errors that can be a part of your medical bill. He points out and briefly discusses bundling, double-billing, medical devices billed but not used, supply issues, medical personnel, clerical errors and unnecessary charges.

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Client Toolbox

How long does it take to settle a workers’ compensation case in Iowa?
Description: Did you ever wonder why it takes so long to settle or try your workers' compensation claim filed in Iowa? Well it takes time to do all that needs to be done. If you understand more about the segments of your case then maybe you will understand why it takes so long to settle your workers' compensation case. We put this article in the Lombardi Law Firm Client Toolbox for your review.
DEPOSITION PREPARATION MADE EASY
Description: No one participating in a deposition should start without being properly prepared. If you're wondering how to be prepared we invite you to look at our website and read the do's and don'ts of trial preparation, especially depositions. In the client's toolbox we provide you with the right tools to be prepared for your case, for depositions or trial. Join us at the Lombardi Law Firm web site.
Family Law: How do I get the engagement ring returned?
Description: Breaking up is hard to do. 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 fight is going to be easy or even worth fighting over.
Auto Safety: Why do car and motorcycle accident cases take so long to conclude? [PDF]
Description: Why do lawsuits take so long to conclude? That’s a question you may have asked before. Perhaps you’ve sat around the local diner complaining about the weather and as often will happen sooner or later the conversation turns to the lawyers or court system. Well let us explore what I consider to be a simple case of a car accident and perhaps you will better understand this system. This White Paper is written by Steve Lombardi of Lombardi Law Firm.

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Attorney Toolbox

2009 Annual Conference Web 2.0 & The Trial Bar [PDF]
Description: A Different Experience
Ready for a different CLE experience? One with topics and speakers who will hold your attention and inspire you in ways legal education never has before? How about a multi-day destination CLE that won't break the bank? Join us in beautiful St. Petersburg, Florida for a different kind of CLE experience, a family friendly environment and laid back atmosphere where you can meet fellow attorneys that share your values and passion for the trial bar while you learn proven and practical methods to grow your practice.
What’s staring you in the face may not be the negligent act.
Description: Negligence isn't always the most obvious fact. The facts you don't know about may be killing your case. Investigation is the key to knowing and having confidence in your case.
50 Ways To Use Twitter
Description: Laywers need to learn more about every legal tool out there. Learning to use them effectively is the step after learning what legal tools exist. This article will, as it's title says give you 50 ideas for using Twitter.
[PDF]
Description: Stephen D. Lombardi will speak at the NBI continued education program LEGAL ETHICS: SOLUTIOINS TO THE MOST COMMON CHALLENGES. This continued educational program will be on December 15, 2008 in Des Moines, Iowa. The program will cover the following topics: • Recognize the red flags that point to a potentially troublesome client.
• Find out which transactions are prohibited and how to say no if a client
suggests one.
• Learn how to communicate the boundaries of your scope of representation.
• Understand how to confidently identify conflicts of interest in order to effectively
avoid them.
• Explore the unique nature and responsibilities of the attorney-client relationship.
• Learn how changing technology brings on new ethical dilemmas and what you
need to know to prevent inadvertent disclosures.
Attorney Toolbox
Description: As an attorney this is your toolbox where all the tools of the trade are stored. It's a work in progress.

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General

Iowa State Fair 2009 Photography Competition [PDF]
Description: Lombardi Law Firm is a sponsor of the the Iowa State Fair photography competition. We invite you to down the forms to enter. From simple beginnings, the Iowa State Fair has become larger, longer and wider in scope. It has become a pacesetter in the industry. The Fair's evolution from a simple stock show to today's agricultural, industrial and entertainment extravaganza is a direct reflection of Iowa's evolution from an untilled prairie to the very center of the nation's food production. The Iowa State Fair has been the historical trademark of this progress. For more than 14 decades - more than a century in the same location - the Fair has instructed, influenced and guided an agricultural people in making agricultural history.

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

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