The Verdict

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Car-Truck-Cycle Damage Q&A's

• Crossing the Center Line and Head-on Car Crashes
• can I get the insurance company to pay me for my car that is totaled?
• Iowa Interstate Truck Accidents for June 21, 2011

Workers' Compensation

• Icy I-80 - The first driver to spin out is normally the one at fault.
• Do you need legal help with your brain injury case?
• Negligence has nothing to do with an Iowa workers’ compensation claim from I-80 accident.

Life on Campus

• Another School Bus Accident in Waterloo, Iowa
• Student Safety - Safety Guards are there for a Reason
• Stop calling accident participants "victims".

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

• One semi truck rear ends another on I-80 – who is at fault?
• What’s the likely cause of this interstate 80 driver drifting from one lane to another?
• I-80 Truck and Car Accidents: The driver is always responsible for the passengers.

Wrong-way Interstate and Highway Collisions in Iowa

• Wrong-way Collision and Accidents as of December 26, 2011
• Hamilton County Fatality D25 Loss of Control and Crossing the Center Line
• Wrong-way interstate drivers for November 21, 2011

Pedestrian Collisions Causing Injury and Death

• What really is compression asphyxia?
• Des Moines Officer Struck by Truck at Iowa State Fair
• Failing to Yield and Car Accidents in Iowa

Car and Tractor Trailer Accidents

• January 23, 2012 - Yet another trailer or cargo personal injury accident in Iowa
• Do icy roads that cause me to lose control excuse any negligence I may have had?
• Today’s Iowa Highway Truck Accidents – January 9, 2012

Large Damage, Major-Serious Injury and Death Cases

• Will the judge excuse any negligence if ice causes me to slide off into another car?
• Delaware County Crash Analysis from Accident on January 1, 2012
• Every Iowa driver has a duty to watch where they are going

Cheerleading Safety and the Law of Cheerleading

• Cheerleading Can Be Brain Damaging
• Sport Injury: Softball bat strikes player in the head.
• Title IX Decisions from the Supreme Court

Work-Comp For Doctors!

• Weekly Death Toll in the Workplace
• How to get paid when horseplay is a part of the history for a workers’ comp injury.

Groundskeeper and Maintenance Workers

• Creepy Crawly Class Action Certified in Bed Bug’s Treatment Case
• Auger Accidental Deaths are Rare
• Chemicals and Personal Injury Law

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

• Wrong Site Surgery Day March 9, 2011
• No more wrong-site surgeries – PLEASE!
• New Wrong-side Surgery Study May Help Surgeons

ATV, Bike & Motorcycle Accidents

• Why do drivers flee the scene of an accident?
• Can a non-driver be guilty of vehicular homicide?
• Another ATV Related Death in Sioux Center, Iowa

Construction Site Accidents

• Fall Protection Safety Gear and the Kossuth County Grain Elevator Fall
• Construction Workers Need Their Head on a Swivel – Unsafe equipment isn’t a valid excuse
• Construction Zone Accidents Can Be Deadly

Injury - Property Defect-Animals

• Right after you trip and fall think about what made you trip
• I fell on a sidewalk who is responsible?
• Another ATV Accident in Grundy County, Iowa

Boating Accidents

• Boat Accidents Focus on Impaired or Distracted Boat Operators-Drivers
• Water Ski Accident Leaves One Dead - Another Chewed Up In the Prop
• Open Water and Pool Drowning’s are Preventable

Did you win big playing the Lottery?

• Lottery - Should I take a lump sum or the 20 years of payments?
• Winning the lottery may require waiving your privacy

Adventure Travel

• Is it possible to self-diagnose cerebral edema or HACE?

Whistleblowers / Financially Ripped Off?

• Mortgage Fraud Blogs has 10 New articles for December 2011
• Once again we visit the mortgage fraud blog for November 5, 2011
• What is mortgage fraud?

Client Trial-Deposition Preparation

• Things to do during a deposition break.
• What should I read before my deposition?
• Suggestions on how to use this site

Deforming Civil Rights through Tort Reform

• People, Not Corporations Need to be the Courts' Priority
• Tort Reform Cake with Health Care Reform Fondant Frosting
• Contaminated Melamine Milk Goes Missing, Media Not Asking Why

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

• Leaving the scene of an accident and Iowa's drunk driver
• Drunk Driver Car Accidents – Are the passengers and pedestrians at fault?
• Drunk Driving Charge Leads Homicide By Vehicle Charge

Criminal Law Commentary - Todd Miler

• If Mark Becker was Sane Why Are We Worrying about His Sanity?
• MySpace, Facebook and Twitter: do you know who your friends are?
• SHOW ME YOUR PAPERS!

Jobs

• 09/09/2010 Jobs with the Federal Government

Whisteblower Claims

• There are too many lawsuits, but where do I find an "ambulance chaser"?
• In St. Louis they'd ask: "Whose sperm is on first?"
• The Ponzi Victim and the Ponzi Whistleblower

General - Rants - Raves and Housekeeping

• If there are too many lawyers why can't I find a lawyer to represent me?
• Does In Vitro Fertilization Make Social Security Benefits The Simplest Investment
• What exactly is "the right thing for Alaska?"

Motorcycle Accidents

• Hit-and-Run Wrecks - Is this an old problem with a new twist?
• Determining fault when the cause of the motorcycle crash is listed as a "loss of control".

Workplace Injuries

• Manganese In Welding Fumes Causes Brain Damage
• University of Iowa employees who are accused violating HIPPA are given the boot.
• Taking a Deposition: Deposition Testimony Rules

Wrongful Death Cases

• Ski Train Not Running from Denver to Winter Park
• The Publics’ Attitude about Lawyers in General, Will Eventually Hurt You
• Trains and Pedestrians, A Painful Case

Nerve, Brain and Spinal Cord Injuries

• Will the Iowa Courts determine multiple taserings to be constitutional?
• Father arrested for supplying steroids to his son
• Disease Transmission From the Transplantation of Organs

Boating & Water Injuries and Accidents

• Dry-docked boat collapses killing young boy
• Boat Liability 101 – Knowing how not to get sued.
• Boating in Iowa, Safety is Worth Learning

Criminal Law & Injuries by Crime and Criminals

• 2010 CRIMINAL FEE SCHEDULE

Unsafe Products

• Yamaha's Rhino unsafe and recalled, in Iowa
• Melamine in Minnesota crackers
• Iowa Legislature considers whether it can trust Iowans

Property-Injury Cases

• Winter Fire Safety Series: Carbon Monoxide Detectors
• Winter Fire Safety Series: Smoke Alarms
• Winter Fire Safety Series: Electrical Fires

Trial Practice - Mostly for lawyers

• A Roundup about Legal Blawgs with an Iowa Connection
• Lawyer Ads that Offend
• Single vehicle accident on county road can provide and interesting analysis for young lawyers.

Trial Practice - Mostly for non-lawyers

• Top Ten Reasons by Mountaineers For Not Giving Back the Engagement Ring
• After the break up why should I give back the engagement ring?
• How can I help with my workers' compensation or car accident case?

General

• Failing to slow down and running into front car is per se NEGLIGENCE!
• Selling Your Business Interest - The Non-Compete Clause or Covenant Not to Compete
• Even at-fault drivers can get workers’ compensation benefits

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Client Toolbox

Workers' Compensation

• Iowa Economic Development Authority - Iowa Work Comp Rates - Is Chris Godfrey doing a good job as the Iowa Industrial Commissioner?
• Godfrey vs Branstad State Appeal Board Claim Form
• Godfrey vs Branstad Tort Claims Against State Employees
• Godfrey vs Branstad Petition at Law and Jury Demand
• Godfrey vs Branstad Tort Claims Against the State

Life on Campus

• Why should any parent be allowed to release from liability any adult for behavior that has yet to occur and causes injury to their minor child? Galloway vs State of Iowa, No. 08-0776, November 5, 2010, Supreme Court Of Iowa.
• Anne Hensler vs City Of Davenport, In The Supreme Court Of Iowa, No. 09-0608, Filed November 12, 2010. (30 page opinion by Justice Wiggins.)
• Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) Decision
• BENJAMIN FELD ETAL V LUKE BORKOWSKI, The Iowa Supreme Court’s decision: Docket No. 07-1333, Filed October 22, 2010
• Victor E. Schwartz, The Restatement Of Torts Third, Liability For Physical & Emotional Harm: What It Means To You.

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

• New Mexico Crash Classification And Analysis Code Sheet

Car and Tractor Trailer Accidents

• January 1, 2012 Dyersville, Iowa Accident - Nurre, Robins and The Flying J.
• 12/5/2011 - Hancock County Fatality - Loose Trailer - Improperly Secured Trailers Can Be From Negligence - Priebe and Christians
• Farm Bureau's Rural Roads Safety Slow Moving Vehicle Symbol
• Driver Safety: Does snow and ice on the road excuse the driver’s negligence?
• Driver Safety: Does snow and ice on the road excuse the driver’s negligence?

Large Damage, Major-Serious Injury and Death Cases

• Hamilton County Fatality D25 Loss of Control and Crossing the Center Line - Newton-McQueen
• November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR.
• Dead Men and Punitive Damages
• 2011.03.01 ISP Shaffer Fatality
• 2011.03.24. ISP Fatality Report - Hopkins

Cheerleading Safety and the Law of Cheerleading

• 2009 Cheering for Safety, Summer Campaign
• Noffke decision from the State of Wisconsin
• CHEER RULES – AYC REGIONALS & NATIONALS AYC Cheer Safety Rules
• Cheerleading Goes On Trial - Title IX - Quinnipiac University
• STEPHANIE BIEDIGER, et. al. vs. QUINNIPIAC UNIVERSITY DECISION

Groundskeeper and Maintenance Workers

• Farm Guard Insurance Policy - Feeder Pigs Loss - Liability Coverage - Exclusions - Ambiguous - Found in favor of the insured.
• Grounds keeper safety can't ever be taken lightly
• F.A.C.E. Investigation Report for maintenance worker struck by hose nozzle.

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

• Serious Reportable Events (SREs)- Never-Event Fact Sheet
• Florida: Wrong-site, Wrong-patient, Wrong-procedure or "never-events".
• New England Journal of Medicine: A pre-surgical checklist includes the time-out.
• Minnesota Patient Safety Reports - Preventable Errors
• PAMELA G. ROCK vs. WARHANK, BLUE GRASS FAMILY, et. al. - Medical Malpractice Statute of Limitations

Injury - Property Defect-Animals

• Iowa DPS Free Smoke Detector Program
• Free Smoke Detector Installation by the Iowa Fire Marshall's Office
• Iowa Dam Safety Program
• Summary of Legal Rules Governing Liability for Recreational Use of School Facilities
• Iowa’s Deficient Bridges - 2008 Report

Whistleblowers / Financially Ripped Off?

• Administrative Law - Abuse of Process - Not in Iowa, no judicial process involved. Dobratz and Besser vs Krier, Iowa Court of Appeals, Nov. 23, 2011, No. 1-759/11/-0120
• Property Damage from Flooding – Property Owners Need to be resourceful.
• 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.

Deforming Civil Rights through Tort Reform

• Where Sperm, Science and In Vitro meet the Social Insecurity Act
• Varnum vs Brien, 763 N.W.2d 862 (Iowa 2009)
• Varnum vs Brien, 763 N.W.2d 862 (Iowa 2009)

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

• Criminal Law Intake Form
• Criminal Law Initial Interview Sheet
• Criminal Case Description of Representation - General
• Criminal Defense - What services can Miler Law Firm provide to you?
• INTAKE FORM FOR OWI - OMVUI - Drunk Driving Charge

Jobs

• Business to Business Sale - NonCompete and Non-Interference Clauses - Stricter Enforcement - Sutton vs Iowa Trenchless

Trial Practice

• THE JOB OF YOUNG LAWYERS IS AN INTERESTING LEARNING EXPERIENCE
• THE ATTORNEY-CLIENT RELATIONSHIP – NONWAIVABLE CONFLICTS OF INTEREST
• Hospital Billing: Tricks of the Trade Part II
• Inadvertent Disclosures and the Attorney-Client Privilege in the Electronic Age
• CaseMap, Assisting Litigation

Defamation

• Libel/Slander Immunity - Physicans - Medical Examiner - Standards of Care and Practice

Client Toolbox

• Wage Loss Verification Form
• How long does it take to settle a workers’ compensation case in Iowa?
• DEPOSITION PREPARATION MADE EASY
• Family Law: How do I get the engagement ring returned?
• Auto Safety: Why do car and motorcycle accident cases take so long to conclude?

Attorney Toolbox

• 2009 Annual Conference Web 2.0 & The Trial Bar
• What’s staring you in the face may not be the negligent act.
• 50 Ways To Use Twitter
• Attorney Toolbox
• Attorney Toolbox: Conflict of Interest Research for Attorneys of Insurance Company Captured Law Firms

General

• Condominium Disputes Over Capital Expenses
• USCG Float Plan for Boaters
• 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.

Contact us for a consultation today.

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 

Library Categories

• Workers' Compensation
• Life on Campus
• I-35 I-80 I-235 I-380 Collisions/Accidents
• 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?
• Client Trial-Deposition Preparation
• Deforming Civil Rights through Tort Reform
• Civil damage lawsuits and criminal law deaths, OWI and drunk driving
• Jobs
• Trial Practice
• Defamation
• Client Toolbox
• Attorney Toolbox
• General

Workers' Compensation

• Iowa Economic Development Authority - Iowa Work Comp Rates - Is Chris Godfrey doing a good job as the Iowa Industrial Commissioner? [PDF]  
  Description: When Iowa's Governor challenges Commissioner Godfrey as not doing a good job with job creation one need only look at the history of the Iowa Workers' Compensation Commission and how the business community sees it.
• Godfrey vs Branstad State Appeal Board Claim Form [PDF]  
  Description: Claims for unjust enrichment, breach of implied covenant of good faith and fair dealing and breach of contract.
• Godfrey vs Branstad Tort Claims Against State Employees [PDF]  
  Description: Claims for unjust enrichment, breach of implied covenant of good faith and fair dealing and breach of contract. The General Claim Godfrey made against Iowa's Governor Branstad, Kim Reynolds, Jeff Boeyink, Brenna Findley, Teresa Wahlert and Timothy Albrecht
• Godfrey vs Branstad Petition at Law and Jury Demand [PDF]  
  Description: Claims for unjust enrichment, breach of implied covenant of good faith and fair dealing and breach of contract. The General Claim Godfrey made against Iowa's Governor Branstad, Kim Reynolds, Jeff Boeyink, Brenna Findley, Teresa Wahlert and Timothy Albrecht
• Godfrey vs Branstad Tort Claims Against the State [PDF]  
  Description: Claims for unjust enrichment, breach of implied covenant of good faith and fair dealing and breach of contract. The General Claim Godfrey made against Iowa's Governor Branstad, Kim Reynolds, Jeff Boeyink, Brenna Findley, Teresa Wahlert and Timothy Albrecht
• How long will it take for a workers’ compensation case to be final in Iowa? [PDF]  
  Description: Here is a case that demonstrates how long appeals can take in Iowa workers' compensation cases. If you have questions contact Mr. Lombardi 515-222-1110
• Can an insurance company be sued for bad faith for denying payments in a reasonable manner? [PDF]  
  Description: Can an insurance company be sued for bad faith for denying payments in a reasonable manner? According to this case they can in Iowa. sdlombardi@aol.com.
• Quasi-criminal Acts Excluded from Workers' Compensation [PDF]  
  Description: I’ve uploaded the decision onto my website because I find it both interesting and a sign of the times. If you wish to read this interesting decision about an exclusion when intentional acts are considered to be of a quasi-criminal nature that are likely to result in serious injury, then follow this link. The basis of the decision is arising out of the course of the employment.
• Horesplay and Work Related Injuries - Work Comp in Iowa [PDF]  
  Description: There is a news item out of the Business Insurance site discussing the “horseplay doctrine” in the context of a restaurant worker suffering a shoulder injury caused when he raised his arm for protection from ice being thrown by a co-employee. I actually disagree with the characterization that raising one’s arm can cause this injury.
• Injury while bowling at an office event, is it compensable? [PDF]  
  Description: The Iowa Court of Appeals in Gazette Communications, Inc. v. Powell, No. 0-633/10-0017 (Iowa Ct. App. 10/06/10) determined that a bowling outing arranged by the employer’s employee activity committee was not compensable under the Iowa Workers’ Compensation Act, Chapter 85. This case is like a good boxing match between two heavy weight fighters slugging it out round by round and no one every appears to have the fight in their control.
• 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.
• 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.
• 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.
• 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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Life on Campus

• Why should any parent be allowed to release from liability any adult for behavior that has yet to occur and causes injury to their minor child? Galloway vs State of Iowa, No. 08-0776, November 5, 2010, Supreme Court Of Iowa. [PDF]  
  Description: The Iowa Supreme Court’s opinion issued on November 5, 2010 in Taneia Galloway vs State of Iowa strikes down, at least in this case, a parent’s preinjury release of a minor child’s personal injury claim. Fighting on each side is two big guns, the Beattie Law Firm and the Iowa Attorney General’s Office. Justice Hecht writes for the Court. Galloway vs State of Iowa, No. 08-0776, November 5, 2010, Supreme Court Of Iowa.
• Anne Hensler vs City Of Davenport, In The Supreme Court Of Iowa, No. 09-0608, Filed November 12, 2010. (30 page opinion by Justice Wiggins.) [PDF]  
  Description: In this first case before the Iowa Supreme Court the court struck down as unconstitutional Davenport’s parental responsibility ordinance. What is interesting is the dissent by Ternus and Cady choosing deference to the Iowa legislature rather than protect the rights of children through the Constitutional mechanism. One has to wonder whether the removal vote has influenced them.
  
  So what side are you on: Protecting children by eliminating paper releases before any negligence has occurred or protecting adults and their pocket books by allowing adults to have freedom from being held responsible for irresponsible behavior?
  
  Caption: Anne Hensler vs City Of Davenport, In The Supreme Court Of Iowa, No. 09-0608, Filed November 12, 2010. (30 page opinion by Justice Wiggins.) Copy also available on the Lombardi Law Firm website.
• Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) Decision   
  Description: Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools. The Tinker test is still used by courts today to determine whether a school's disciplinary actions violate students' First Amendment rights.
• BENJAMIN FELD ETAL V LUKE BORKOWSKI, The Iowa Supreme Court’s decision: Docket No. 07-1333, Filed October 22, 2010 [PDF]  
  Description: Sport Injury: Softball bat strikes player in the head. This case is interesting in that it demonstrates the difficulty of pursing a lawsuit stemming from injury while playing a sport; in this case softball. A player was struck in the head during batting practice. The batter let the bat fly after hitting the ball. Iowa law is tough in this area and requires the act that lead to the injury to be intentional or reckless. The Iowa Supreme Court took up the matter and sent the case back to be tried and for the jury to decide if the batters actions were either intentional or reckless.
• Victor E. Schwartz, The Restatement Of Torts Third, Liability For Physical & Emotional Harm: What It Means To You. [PDF]  
  Description: Victor E. Schwartz, The Restatement Of Torts Third, Liability For Physical & Emotional Harm: What It Means To You.
• Ellen M. Bublick, A Restatement (Third) Of Torts: Liability For Intentional Harm To Persons – Thoughts. [PDF]  
  Description: Ellen M. Bublick, A Restatement (Third) Of Torts: Liability For Intentional Harm To Persons – Thoughts.
• LAND-POSSESSOR LIABILITY IN THE RESTATEMENT (THIRD) OF TORTS: TOO MUCH AND TOO LITTLE [PDF]  
  Description: LAND-POSSESSOR LIABILITY IN THE RESTATEMENT (THIRD) OF TORTS: TOO MUCH AND TOO LITTLE

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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

• January 1, 2012 Dyersville, Iowa Accident - Nurre, Robins and The Flying J. [PDF]  
  Description: ...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 compa
• 12/5/2011 - Hancock County Fatality - Loose Trailer - Improperly Secured Trailers Can Be From Negligence - Priebe and Christians [PDF]  
  Description: Truck Accidents - Trailers - Accident - Lawyer - personal injury accidents Lombardi Law Firm. www.lombardilaw.com. 515-222-1110. Call Steve for free evaluation.
• 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

• Hamilton County Fatality D25 Loss of Control and Crossing the Center Line - Newton-McQueen [PDF]  
  Description: 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. Attorney Lombardi
• November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR. [PDF]  
  Description: Securing the Evidence: November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR.
• Dead Men and Punitive Damages   
  Description: The Iowa Supreme Court affirmed the legal maxim that dead men tell no tales. In In re the Estate of Johnny Vajgrt, Bill Ernst, Inc., Intervenor (IA Sup. Ct., Aug. 5, 2011) the Court upheld dismissing a punitive damage claim, even against the estate of a tortfeasor who no longer can do harm to others and held the estate would be powerless to prove the decedents state of mind in committing the acts for which he was sued.
• 2011.03.01 ISP Shaffer Fatality [PDF]  
  Description: Shaffer Fatality - Iowa - ISP - Duty to Warn Oncoming Traffic
• 2011.03.24. ISP Fatality Report - Hopkins [PDF]  
  Description: Duty to Pull Over and Stop Driving - Falling Asleep
• 2011.03.22. ISP. Hoefs Fatality. Blocking Roadway I-80 [PDF]  
  Description: 2011.03.22. ISP. Hoefs Fatality. Blocking Roadway I-80. duty to not block the Interstate.
• November 28, 2010 Montgomery County Crash - Passing at Hill's Crest [PDF]  
  Description: Two adults were injured and two children died after the car they were passengers in hit a semi-truck head-on at the crest of a hill. The oncoming driver, Nina McNeese driving a 2001 Kia appears to have no fault in this one. You never attempt to pass at the crest of a hill, even if it is marked as a pass zone; which in this case the Iowa State Patrol indicates it was not. The original crash report wasn't printing so well so we are uploading the ISP Crash Report.
• 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: 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.
• 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.
• 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

• 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.
• Noffke decision from the State of Wisconsin [PDF]  
• 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.
• 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.
• STEPHANIE BIEDIGER, et. al. vs. QUINNIPIAC UNIVERSITY DECISION [PDF]  
  Description: Gender discrimination case involving Quinnipiac University.
• Morningside College in Sioux City, Iowa - Mustang’s cheer squad flier. [PDF]  
  Description: Morningside College in Sioux City, Iowa offers online the Mustang’s cheer squad flier.
• Cheerleading Risk Management [PDF]  
  Description: What appears to be a short version of cheerleading safety rules for OSAA member schools is offered as a risk management tool.
• California Cheer Safety Partnership [PDF]  
  Description: California News: Suite 101 posted another article New Cheerleading Organization Focuses on Safety, by Terry Zeigler discusses The Spirit Consultants out of California and whose sole purpose is to improve safety for cheerleading squads. It’s interesting (and great to see) that safety in cheerleading has suddenly taken on such importance. “The Spirit Consultants provide personalized comprehensive cheerleading skills training; summer cheerleading and dance camps; year-round private stunt clinics; competition choreography; and much more for all high school spirit programs with an emphasis on safety, teambuilding and goal achievement.
  TSC is here to help all coaches and advisors safely train and grow their spirit programs.” TSC has partnered with the National Cheer Safety Foundation and the California High School Cheer and Dance Association.
• Cheerleading Coach’s Guide to Successful Coaching [PDF]  
  Description: If you’re looking for cheerleading safety books, online articles or stories you can find just about any article listed at pdfgeni.com. It’s a beta version but well worth the time to look. I’ve never seen this site before today. Some of the articles you need to register to obtain but others like the Cheerleading Coach’s Guide to Successful Coaching are free. We are also offering this on the Lombardi Law Firm website under cheerleading safety.
• 2009 – 2010 AACCA College Safety Rules covering definitions, general program guidelines, general restrictions, partner stunts, pyramids, tosses, tumbling and indoor court rules. (4 pages) [PDF]  
  Description: 2009 – 2010 AACCA College Safety Rules covering definitions, general program guidelines, general restrictions, partner stunts, pyramids, tosses, tumbling and indoor court rules. (4 pages)
• New AACCA Rule Changes for 2009 and 2010   
  Description: The American Association of Cheerleading Coaches and Administrators (AACCA) adopted rule changes for elementary, middle and high school cheer sports. For these grades and skill levels safety will be enforced through more concentration on the fundamentals, as opposed to multi-cheerleader stunts.
• 2009-10 AACCA College Rules [PDF]  
  Description: The American Association of Cheerleading Coaches and Administrators (AACCA) adopted rule changes for elementary, middle and high school cheer sports. For these grades and skill levels safety will be enforced through more concentration on the fundamentals, as opposed to multi-cheerleader stunts. American Association of Cheerleading Coaches and Administrators introduces first rules for elementary, middle and junior high school squads. These rules and rule changes apply to school activities and do not apply to non-school or recreational style organizations. Well that may be true officially, but from a civil liability standpoint any recreational coach not following them will expose themselves to greater scrutiny and the standard being created will apply, no matter what the style of the organization. A safety standard is a standard is a standard. There are three changes: a ban on released stunt transitions, a requirement to have three catches when a top person performs a controlled fall into a flat-body position and specs for using religious or medical medallions.
• 2010-11 AACCA School Rules [PDF]  
  Description: The American Association of Cheerleading Coaches and Administrators (AACCA) adopted rule changes for elementary, middle and high school cheer sports. For these grades and skill levels safety will be enforced through more concentration on the fundamentals, as opposed to multi-cheerleader stunts. American Association of Cheerleading Coaches and Administrators introduces first rules for elementary, middle and junior high school squads.These rules and rule changes apply to school activities and do not apply to non-school or recreational style organizations. Well that may be true officially, but from a civil liability standpoint any recreational coach not following them will expose themselves to greater scrutiny and the standard being created will apply, no matter what the style of the organization. A safety standard is a standard is a standard.
  There are three changes: a ban on released stunt transitions, a requirement to have three catches when a top person performs a controlled fall into a flat-body position and specs for using religious or medical medallions.
• 2010.05.25. USASF Cheer Glossary [PDF]  
  Description: The American Association of Cheerleading Coaches and Administrators (AACCA) adopted rule changes for elementary, middle and high school cheer sports. For these grades and skill levels safety will be enforced through more concentration on the fundamentals, as opposed to multi-cheerleader stunts. American Association of Cheerleading Coaches and Administrators introduces first rules for elementary, middle and junior high school squads.These rules and rule changes apply to school activities and do not apply to non-school or recreational style organizations. Well that may be true officially, but from a civil liability standpoint any recreational coach not following them will expose themselves to greater scrutiny and the standard being created will apply, no matter what the style of the organization. A safety standard is a standard is a standard. There are three changes: a ban on released stunt transitions, a requirement to have three catches when a top person performs a controlled fall into a flat-body position and specs for using religious or medical medallions.
• 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.
• 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.”
• 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.”
• 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.

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Groundskeeper and Maintenance Workers

• Farm Guard Insurance Policy - Feeder Pigs Loss - Liability Coverage - Exclusions - Ambiguous - Found in favor of the insured. [PDF]  
  Description: Farm Guard Insurance Policy - Feeder Pigs Loss - Liability Coverage - Exclusions - Ambiguous - Found in favor of the insured.
• 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?

• Serious Reportable Events (SREs)- Never-Event Fact Sheet [PDF]  
  Description: Never events can be avoided, but first we need to talk about why they occur. On this legal cite we explore wrong-site-patient-procedure surgeries.
• 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".
• 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.
• Minnesota Patient Safety Reports - Preventable Errors   
  Description: Iowa, wrong-site, surgery, preventable,
  errors, hospitals, reporting,
  increase, patient, safety
• 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 DPS Free Smoke Detector Program [PDF]  
  Description: As the 100 year anniversary of the Office of the State Fire Marshal approaches, it is
  the goal of the fire service to check for and install at least two working smoke detectors in
  100% of the homes of Pre-K and elementary age students in the State of Iowa. Teams
  trained by the State Fire Marshal’s Office will come to each home and install or replace
  your current smoke detectors with dual sensor smoke detectors, This “100 Years,
  100 Percent” Smoke Detector Project is supported by donations and there is
  NO COST to participants.
• Free Smoke Detector Installation by the Iowa Fire Marshall's Office [PDF]  
  Description: Yes you read that right; you can get up to two free smoke detectors installed by the Iowa Fire Marshall’s office in a residence in Iowa. That’s a pretty sweet deal. How can you go wrong? You can’t so get off your fanny and contact them. The only requirement is that a child younger than junior high live there.
  
  WHY IS A WORKING SMOKE DETECTOR VITALLY IMPORTANT TO YOUR FAMILY'S SAFETY?
  
  There is always a delay from the time the fire starts until the fire fighters arrive. Obviously the quicker your family receives a warning the sooner they can get safely out of the burning house. That means you need some system in place for an early warning. The significance of operable smoke detectors should be clear. Yes? No? If no, then go back and reread what I just wrote.
• 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.
• 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’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.
• 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.
• 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.

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Whistleblowers / Financially Ripped Off?

• Administrative Law - Abuse of Process - Not in Iowa, no judicial process involved. Dobratz and Besser vs Krier, Iowa Court of Appeals, Nov. 23, 2011, No. 1-759/11/-0120 [PDF]  
  Description: Administrative Law - Abuse of Process - Not in Iowa, no judicial process involved. Iowa declines to follow Rhode Island as the only state to follow this thread.
• Property Damage from Flooding – Property Owners Need to be resourceful. [PDF]  
  Description: Twenty-six business and property owners from Denver, Iowa are proceeding in Bremer County District Court in their lawsuit against the State of Iowa saying when the State of Iowa redesigned the U.S. Highway 63 bypass and bridge project state employees could not choose to ignore state regulations that required the bridge to stand free of the floodway.
• 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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Deforming Civil Rights through Tort Reform

• Where Sperm, Science and In Vitro meet the Social Insecurity Act [PDF]  
  Description: A few years ago I wrote a post about the social security benefits case involving a child born by in-vitro fertilization following the father’s untimely death. Apparently the father died of cancer, but before dying they froze his sperm and after his death the mother of the child was inseminated, gave birth and thereafter filed with the Social Security Administration for dependent death benefits.
• Varnum vs Brien, 763 N.W.2d 862 (Iowa 2009) [PDF]  
  Description: With the Election Day looming we are in the home stretch of the run to either retain or to remove three of Iowa’s Supreme Court justices from office. It all stems from the Court’s decision in Varnum vs Brien. Really it’s much to-do about nothing because Varnum is the gay marriage decision the Court handed down and the controversy has turned to the opponents taking this opportunity to try and make the judiciary less independent and more like a monarchy. Every homophobe is crawling out from under a rock and shouting about “How dare they decide in a way I object!” With the economy being in the crapper the politicians’ love this kind of a distraction because while the kids are fighting in the sandbox no one is watching the money they are wasting on senseless projects. So let’s walk our way up to this Election Day with the score card and menu so we can get beyond it and either retain sanity or throw it out in favor of a monarchy.
  Varnum vs Brien, 763 N.W.2d 862 (Iowa 2009)- Simplified explanation or the actual decision.
• Varnum vs Brien, 763 N.W.2d 862 (Iowa 2009) [PDF]  
  Description: The Iowa Gay Marriage Decisions - Varnum vs Brien, 763 N.W.2d 862 (Iowa 2009)

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

• Criminal Law Intake Form [PDF]  
  Description: Criminal Law Intake Form to be filled out and brought in with you.
• Criminal Law Initial Interview Sheet [PDF]  
  Description: Criminal Law Initial Interview Sheet
• 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 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
• 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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Jobs

• Business to Business Sale - NonCompete and Non-Interference Clauses - Stricter Enforcement - Sutton vs Iowa Trenchless [PDF]  
  Description: When you an ongoing business the last thing you want is for the selling owner or equity partner to set up shop across the street.

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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.
• 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.
• 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.
• 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.
• 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.
• InBrief: Medical Billing Tricks of the Trade Part 1 [PDF]  
  Description: The relationship of hospital and patient operates for the most part on trust. We tend to believe in that same trust when paying the bill. But is that trust deserved? Is the hospital taking advantage of that trust? Over the past several decades the landscape has changed in the medical profession. No longer is the hospital business office part of a kind and caring religious institution. Hospitals look less and less like benevolent not-for-profit institutions and more like well-heeled business machinery.

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Defamation

• Libel/Slander Immunity - Physicans - Medical Examiner - Standards of Care and Practice [PDF]  
  Description: According to a Des Moines Register article libel suit between the Woodbury County Medical Examiner [ME] and a surgeon he reported to the Iowa Board of Medical Examiners was ‘tossed’ by Judge Reade. But I don’t think that’s completely accurate. I believe the suit is still alive although portions of it have been ruled upon in a way that is adverse to the plaintiff, but favorable to the defendant. The ME reported a doctor for what he thought was standard of care issues. I’ve not completely read the decision but will guess the main issues were immunity from suit. Okay, I’ve located the opinion and I’ll add this link and add the decision to my site under defamation. The Order is 40 pages long. I can see both sides of this argument. On the one side you have the ME’s role as a government official and medical doctor protecting citizen patients. On the other side you have a doctor spending a considerable amount of money, $200,000, defending himself. No one will be happy with this controversy.

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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.
• 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.
• Attorney Toolbox: Conflict of Interest Research for Attorneys of Insurance Company Captured Law Firms   
  Description: In a personal injury case the insured who has been sued is represented by an attorney who is an employee of the insured’s insurance company. Is there an inherent conflict of interest when an attorney employed by the insurance company takes on the defense of the insured?

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General

• Condominium Disputes Over Capital Expenses   
  Description: When you purchase a condominium you also have to own decisions of the HOA management. You may not like their decisions or the ongoing expenses.
• 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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Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )

Lombardi Law Firm
1300 37th Street, Suite 6
West Des Moines, IA 50266
Phone: 515-222-1110
Toll Free: 800-383-0331
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