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

Motorcycle & Bike Accidents

Construction Site Accidents

Injury - Property Defect-Animals

Boating Accidents

Whistleblowers / Financially Ripped Off?

Client Trial-Deposition Preparation

Deforming Civil Rights through Tort Reform

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

Criminal Law Commentary - Todd Miler

Whisteblower Claims

General - Rants - Raves and Housekeeping

Motorcycle Accidents

Workplace Injuries

Wrongful Death Cases

Nerve, Brain and Spinal Cord Injuries

Boating & Water Injuries and Accidents

Unsafe Products

Property-Injury Cases

Trial Practice - Mostly for lawyers

Trial Practice - Mostly for non-lawyers

General

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Client Toolbox

Workers' Compensation

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

New Mexico Crash Classification And Analysis Code Sheet

Car and Tractor Trailer Accidents

Large Damage, Major-Serious Injury and Death Cases

Cheerleading Safety and the Law of Cheerleading

Groundskeeper and Maintenance Workers

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

Injury - Property Defect-Animals

Whistleblowers / Financially Ripped Off?

Royal Links, USA Victim Impact Statement and Claim Form

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

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

Workers' Compensation

Employees who are killed or injured from lighting while at work [PDF]
Description: Employees who are killed or injured from lighting while at work would be covered under Iowa’s workers’ compensation program. There is no indication in this news story whether or not this employee’s widow or dependent children would be covered. Laws vary from state to state and workers’ compensation programs differ greatly. The reason why there is coverage has to do with the work exposing the employee to special risks or hazards of the particular employment. In this instance a ranch hand is exposed to risks associated with inclement weather, animals and other environmental exposures. The employer benefits from the employees working under such conditions and is better able to spread the cost of such risks to customers.
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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I-35 I-80 I-235 I-380 Collisions/Accidents

New Mexico Crash Classification And Analysis Code Sheet [PDF]
Description: Traffic Safety Bureau
Programs and Infrastructure Division
New Mexico Department of Transportation
Michael Sandoval, Chief
P.O. Box 1149
604 West San Mateo
Santa Fe, New Mexico 87504-1149
Phone: (505) 827-0427
FAX: (505) 827-0431
Email: Tammy.Martinez@state.nm.us
Email: Michael.Sandoval@state.nm.us

After you get a copy of the report you will need the code sheet to understand what it means. That code sheet is formally titled “Crash Classification And Analysis”. I’ve downloaded the code sheet and it is offered by following this link to the resources page.

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Car and Tractor Trailer Accidents

Farm Bureau's Rural Roads Safety Slow Moving Vehicle Symbol [PDF]
Description: Did you know that each year over 30,000 crashes involve SMV’s? Phillip Garvey did some research at Penn State University’s Transportation Institute conducted a survey and found that only 30 percent could correctly identify the symbol. This may actually be the problem. It will be interesting to see if the Trooper or Sheriff’s deputy’s investigation uncovers this fact.
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

Noffke decision from the State of Wisconsin [PDF]
2009 Cheering for Safety, Summer Campaign [PDF]
Description: Cheerleading safety is at the forefront of injury prevention for young women participating in sports activities both at the high school and college level. Cheering for Safety is a summer campaign by the National Cheer Safety Foundation. Brittany Noffke is the 2009 Cheer Safety Ambassador.
STEPHANIE BIEDIGER, et. al. vs. QUINNIPIAC UNIVERSITY DECISION [PDF]
Description: Gender discrimination case involving Quinnipiac University.
Cheerleading Goes On Trial - Title IX - Quinnipiac University [PDF]
Description: Is Cheerleading A Sport? The legal answer might surprise you. Since the Title IX trial of Quinnipiac University regarding the volleyball team being cut, elevating the stunt and tumble team to Varsity status a plethora of information has been thrown at the cheerleaders, parents and coaches.
The official position of the National Cheer Safety Foundation’s Panel of Experts since it’s creation in 2009 has always been that the skill sets of stunts and tumbling in cheerleading were a discipline of gymnastics and that those elements must be approached from a sport coaching perspective as a matter of safety.
To help clarify any cheer industry confusions, here are some easy definitions of the different forms of cheerleading.
CHEER RULES – AYC REGIONALS & NATIONALS AYC Cheer Safety Rules [PDF]
Description: Here are the 2010 to 2011 AACCA Safety Rules for AYC Regionals & Nationals. These are the routine guidelines to follow. We provide many of the safety guidelines for cheerleaders. If you don't find what you're looking for or wish to suggest something feel free to contact Steve Lombardi at sdlombardi@aol.com or 515-222-1110. Thanks.

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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 - Property Defect-Animals

Iowa’s Deficient Bridges - 2008 Report [PDF]
Description: Do you ever wonder about the safety of driving over a bridge in Iowa? If you knew the state of disrepair of our infrastructure it might scare you to do something when state officials waste state resources rather than commit those resources to repairs, replacement and maintenance.
Summary of Legal Rules Governing Liability for Recreational Use of School Facilities [PDF]
Description: The recent drowning of two boys at the City of Pella public swimming pool should make you wonder if government should be providing these types of services and if private enterprise is better suited to spread the risks associated with running it improperly. We provide a summary link to legal rules or the laws allowing the avoidance of responsibility for running a dysfunctional swimming pool program.
Iowa Dam Safety Program [PDF]
Description: Iowa Dam Safety is important for homeowner associations and residents living in the area surrounding a lake or below a dam.
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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Whistleblowers / Financially Ripped Off?

Royal Links, USA Victim Impact Statement and Claim Form [PDF]
Description: Many PGA golf pros bought into a hospitality cart advertising program sold by Royal Links USA. For those who were taken in by this program you should file a claim form and victim impact statement with the U.S. Attorney's office in Ohio. I'm making the form available on our law firm's website. Download the form, print it, fill it out and send it in.

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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

Criminal Case Description of Representation - General [PDF]
Description: No two criminal cases are the same. Every client has different needs, desires and circumstances. Every case has different witnesses, prosecutors, police officers, and facts. Based upon my experience, however, I have determined that many clients have a similar need: to get the best outcome possible. I have decided to charge a flat fee for persons accused of crime because I am a results-oriented attorney and I want to obtain the best outcome possible.
Criminal Law Initial Interview Sheet [PDF]
Description: Criminal Law Initial Interview Sheet
Criminal Law Intake Form [PDF]
Description: Criminal Law Intake Form to be filled out and brought in with you.
Criminal Defense - What services can Miler Law Firm provide to you?
Description: No two criminal cases are the same. Every client has different needs, desires and circumstances. Every case has different witnesses, prosecutors, police officers, and facts. Based upon my experience, however, I have determined that many clients have a similar need: to get the best outcome possible. I have decided to charge a flat fee for persons accused of crime because I am a results-oriented attorney and I want to obtain the best outcome possible.
INTAKE FORM FOR OWI - OMVUI - Drunk Driving Charge
Description: When charged with OWI act quickly and decisively by filling out this form and faxing it to Steve Lombardi. He will then contact one of several attorneys who will contact you to conduct an interview and discuss what you want and need for representation. We use flat fees for OWI

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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.
Negotiation Techniques in Litigation [PDF]
Description: In this speech outline Steve Lombardi discusses some of the techniques and posturing that can get in the way of resolving your client's case. By becoming more familiar with tactics that obstruct rather than promote a settlement climate you can more effectively represent your client or as a client be represented.
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.

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Client Toolbox

Wage Loss Verification Form
Description: Are you involved in a personal injury case? Are you documenting your wage loss? If not you're making a big mistake because it's going to get harder not easier to get the money. Here at the Lombardi Law Firm we use a loss wage verification form that will help you to prove the claim for wage loss.
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

USCG Float Plan for Boaters [PDF]
Description: Having a float plan might just save your life. Boaters need to know what a float plan is and how to effectively use one.
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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