Highway Safety: Is your hometown bridge safe?
Today, Steve provides a primer on bridge safety and links to information available on the Internet.
BNSF Train De-Railment in Southern Iowa
The Burlington Hawkeye reports that a Burlington Northern Santa Fe (BNSF) coal train derailed in Burlington, Iowa. A power outage occurred when the 15 cars that derailed struck a utility pole. There were no injuries.
Freak accident on Indianapolis road construction site.
Road worker using saw to cut pipe suffers gash across his throat as the saw kicks back. The worker died after climbing out of the trench.
Grounds Maintenance Safety: Zoo worker fails to follow correct procedure, Rufus dies from ruptured liver.
In what was amounted to no more than forgetfulness was important enough to allow two bull headed Rhinos to fight, resulting in the death of one.
Spinal cord injuries
Davenport firefighter, Capt. Bob Juarez only 43 fell 20 feet from a ladder suffering below waist paralysis.
Wrong-site, wrong-patient and wrong-procedure surgeries. This is the August topic for discussion.
Surgeries - wrong site, wrong patient or wrong procedure are all preventable if proper preparations and precautions are exercised. What can the patient do to protect themselves from the devastating consequences? Join Steve Lombardi and Justin Rogers this month as they examine this very specific area of medical negligence.
Are parties permitted to use the arbitration process with
In settling a civil case the parties agree to use arbitration for a pre-arranged outcome. Is that permitted.
Iowa Highway Safety - U.S. Highway 65 Collision of two trucks
Crossing the center line is usually negligence.
Ireland hospital removed the wrong kidney from a child
Even having a "site-marking" hospital policy will not stop wrong-side surgeries when active communication is not being used.
Home Safety: Explosion in Alpha causes hospitalization of two residents.
An explosion in northeast Iowa sent a man and woman to the hospital. They were attempting to light a pilot light.
Railroad Crossing Accidents: What duties apply when determining negligence?
The Sioux City Journal comes up with some interesting accidents. This one about a train crossing collision will surely prove to be an interesting claim to iron out.
Shocking News: Insurance adjuster struck by bus isn’t interested in tort reform.
Insurance adjuster struck by bus, while "allegedly" crossing in the cross walk.
Action being discussed by Beth Israel Deaconess Medical Center in Boston
It's encouraging to see a well qualified health care professional willing to openly discuss wrong-site, wrong-side, wrong-patient and wrong-procedure surgical mistakes. We take our hat off to him and his staff.
Iowa windmmill worker's death: What caused the accident?
After returning from a two-week trip to Ireland I saw this post and wondered how it occurred. What caused the accident that lead to this windmill worker's death?
Garbage collection worker seriously injured after trash bin falls on him.
A Herb's Garbage Hauling worker received serious injury when a trash bin somehow fell on him.
Two separate infection control incidents allegedly causes 40 infants in Turkey to die.
Infant mortality in Turkey - death caused by bacterial infections from IV treatments.
Young Dubuque nursing student killed in motorcycle crash.
A 19 year old University of Dubuque nursing student was killed this past Wednesday when as a passenger on a motorcycle they collided head-on with a car.
Text messaging while operating a vehicle hits an all time low in Los Angeles - Railroad Engineer
The news is not good from California. Investigators are testing the premise the cause of the commuter rail collision that killed 25 people was a text messaging engineer. Please tell us you're wrong.
Another motorcycle-deer collision near Le Mars, Iowa.
In Iowa deer and motorcycles don't mix. While anti-helmet proponents claim that teaching other drivers to look for them will reduce the need for mandatory helmets, statistics show that half of all motorcycle accidents don't involve another vehicle. Deer-motorcycle collisions are one example.
What does "loss of control" really imply?
Listing "loss of control" as the cause of a motorcycle wreck is too general to have any meaning. To determine negligence you have to know more about why the driver initially lost control.
Road construction worker for PCI injured.
Another road construction worker was injured when forms shifted and collapsed, pinning him and causing injuries serious enough to require hospitalization.
Iowa Job Opening: Lombardi Law Firm has an open position for a secretary/legal assistant.
Iowa Job Opening: Lombardi Law Firm has an open position for a secretary/legal assistant.
Iowa Boating - Jet Ski Collision
Two jet ski operators collided on Saylorville Lake. One who ended up face down in the water and not breathing was probably saved by wearing a life vest.
Des Moines Bicyclist Injured at Third Street and Court Avenue Intersection
Des Moines bicyclist injured and taken to local hospital.
Electrocution of MidAmerican Energy worker results in work-related death
While trying to repair a power outage at the 50th Street and Aurora Avenue power substation in Des Moines, a worker was killed and another suffered injury. The cause is under investigation.
Defamation requires publicity, a good reputation to begin with and substantial harm.
It seems like a sad way to end a career at the University of Iowa. Arthur Miller, is charged with four counts of accepting bribes based on allegations he promised better grades for sexual favors. If it's not true, someone has more than likely defamed him.
PROTECT YOUR BRAIN WITH A HELMET!
In keeping with our mission to make motorcycle riders safer we are giving away a helmet and free information at the Iowa State Fair. The information provides car and truck drivers with educational materials about motorcycles and how to avoid crashing into them.
Waverly man killed by collapsed trench.
A Dunkerton man died when a trench collapsed on him during construction in Waverly, Iowa. OSHA has specfic guidelines for preventing similar accidents and deaths.
"Guns at Work" - This is getting me closer to saying I've seen it all.
It's difficult to believe that elected officials would pass laws allowing workers the right to bring firearms to work, but it's true.
Drunk Driving NHTSA Initiative Materials Released
The NHTSA issued it's latest promotional literature and video clips for combatting driving while impaired, or drunk driving. The materials are being issued in both English and Spanish.
Motorcycle Safety - Wisconsin and Iowa experience similar death rates with deer collisions
Both Iowa and Wisconsin face similar accident rates with motorcycle-deer collisions.
Motorcycle Safety - Being aware of the roadway traffic
Motorcycle Safety – It’s about watching out for the unexpected and paying closer attention – and not just for those on the motorcycle.
Inattentiveness is the cause of a two motorcycle rear end collision sending one rider to seek medical attention.
Motorcylist dies after colliding with deer.
Motorcycle related deaths are quite common with deer collisions.
Jordan Creek Escalator Area Fall
An 11-year old girl fell from the escalator area at Jordan Creek Town Center in West Des Moines.
Torts for Tarts - Victoria's Secret
Victoria's Secret gets sued over sling shotting thong injury
Fayette County Motorcycle Crash Injures Woman
A Minnesota woman was injured when she lost control of her motorcycle.
Con-Law Lite is the new and improved cigarette company constitution
With the smoking ban taking effect July 1, 2008 in Iowa the tobacco industry is putting out the new and improved constitutional rights agenda.
Construction Site Accident Backed Over Leads to Death
A construction worker accident in North Carolina demonstrates how easily a back-over accident can occur.
Renting a U-Haul or Ryder Truck should be with caution
Those moving the long haul to save money should be cautious when selecting the trailer, the vehicle that pulls it and how fast you travel. Brooks Schuelke from Austin and the InjuryBoard has a good article on the subject of renting a trailer and what to consider.
Firefigher News Source
A good source for firefighter news is the Firehouse.com site.
University of Pittsburgh releases study showing lifting ban on motorcycle helmets increased TBI deaths by 66%
Pennsylvania made wearing a motorcycle helmet optional. That was two years ago. Death by TBI is up 66%.
Flooding stops, but is it temporary?
Although the rivers are receding from their banks more rain is moving into Iowa.
Houston Explosion at Goodyear Plant
Explosion at the Houston Goodyear plant kills one and injures six others.
Construction Zone Highway Accident
Belleville Police report the death of a 38 year old highway construction worker.
General Personal Injury
Plane crashes in Iowa City. Pilot released from hospital.

Highway Safety: Is your hometown bridge safe?

In today’s Des Moines Register the lead story is “Design flaw pinpointed in collapse of bridge”, Associated Press.

Join us as we explore bridge safety in your hometown. At the blog, The Verdict, Steve Lombardi posts a primer on bridge safety information available to the general public.

We help you answer a few questions about your hometown. Are you safe? Are the bridges in your hometown safe for your family to drive over?

You will find the post titled Highway Safety - A Primer for the public on U.S. Bridge Safety Information at Lombardi Law Firm's blog under "The Verdict" along the left side of the main page under Car and Tractor Trailer Accidents.

We will revisit this subject and examine Iowa's bridges.

Join us today and remember to drive safely and to wear your seat belt.

BNSF Train De-Railment in Southern Iowa

The Burlington Hawkeye reports that a Burlington Northern Santa Fe (BNSF) coal train derailed in Burlington, Iowa. A power outage occurred when the 15 cars that derailed struck a utility pole. There were no injuries.

The BNSF Railway headquartered in Fort Worth, Texas, is one of the four remaining transcontinental railroads and one of the largest railroad networks in North America. Only the Union Pacific Railroad is larger in size. With globalization, the transcontinental railroads are a key component in the containerization of trade from the Pacific Rim. The BNSF Railway moves more intermodal freight traffic than any other rail system in the world.

Freak accident on Indianapolis road construction site.

A road construction worker working alone and removing pieces of sewer pipe died from a gash across his throat. He was able to climb out of the trench but took only a few steps before collapsing and died at the scene. The employee of Simmons Co., of Pittsboro was using a power saw equipped with guard must have had the saw kick back with such force that it jumped across his throat causing a gash. Reported by Bruce Smith of the Indianapolis Star.

Video clip is available at Police Video News from the local station Channel 8, WISH, a CBS affiliate.

For further information concerning OSHA safety regulations and suggestions of how to avoid the 100 most commonly cited violations and job site hazards see the blog at Lombardi Law Firm.

Grounds Maintenance Safety: Zoo worker fails to follow correct procedure, Rufus dies from ruptured liver.

In what could have been a serious problem the groundskeepers resulted in the death of a 36-year-old rhinoceros at the Norfolk, Virginia zoo. Apparently male white rhinos are “notoriously aggressive with each other” and require safety precausions that keep them appart. When the groundskeeper failed to follow the correct procedures that maintained separation during the night the two rhinos began fighting resulting in a ruptured liver. Rufus died as a result of his wounds.

Alfred, 40 remains healthy. Donations can be made directly to the Virginia Zoo.

As reported by Debbie Messina, The Virginia-Pilot

For more information see our blog at Lombardi Law Firm, The Verdict.

Spinal cord injuries

Davenport firefighter, Capt. Bob Juarez only 43 fell 20 feet from a ladder suffering below waist paralysis.

We’ve talked a lot about fall protection while working as a construction worker. What occurred last week to Capt. Bob Juarez, 43, while 20 feet up a ladder demonstrates the importance of fall protection. Falling just 20’ might in the abstract seem like a not too dangerous predicament, but in this instance it has resulted in below-the-waist paralysis. His medical care includes surgery and being on a ventilator. This firefighter, who is widely liked for his community service and involvement, is married with two children.

If you think it won’t happen to you, think again.

Wrong-site, wrong-patient and wrong-procedure surgeries. This is the August topic for discussion.

Hello again. It's me the civil trial lawyer that politicians love to have you hate. Yup it's me the unapologetically brash, shamelessly hopeless civil trial lawyer that apologizes to no one for being one.

I’m back from vacation. I took two weeks to travel to Russia and climb on Mt. Elbrus in the Caucusas with my friend and guide Wally Berg. Berg Adventures is run by a straight talking woman known as Leila Berg, who like myself is equally frank and she hails from South America. I’ll be adding photos to my personal site but for now let’s talk about the Injuryboard and Lombardi Law Firm blawg themes for the month of August.

This month we are going to blawg about surgery. To be more specific we will cover an area of medical negligence known as wrong-site, wrong-procedure and wrong- patient surgery. If you don’t think this is a real problem then you need to follow along. We’ll discuss a few specific cases to which I’m acquainted along with the “time-out” that should resolve these issues for patients who go “under the knife”. I or Justin or Megan will discuss ways in which you can protect yourself and your loved ones from these devastating mistakes.

To set the record straight I have friends and clients who are surgeons. They are people I admire and respect. They are good at what they do. They care for their patients. Like lawyers we’ve got a few bad apples, for whatever reason won’t change with the times and some times their mistakes have terribly complicated the lives of my clients. I’m not here to bash all surgeons so don’t take it that way. What the good surgeons can take from this blawg, is knowing that I’m teaching their patients how to recognize their superior skills when it comes to doing surgery. If all patients understood how to recognize a skilled surgeon by his/her preparation, we wouldn’t have the need for so many lawyers to clean up the mess for those that don’t’ change with the times.

To put it all in perspective consider this analogy. How upset would you be if after taking your car into the garage for repair work you discovered the mechanic put the new tires that you paid for on another customer’s car? Or, how upset would it make you if the instead of a brake job the mechanic changed the oil? And then what about if instead of fixing the right fender that has the dent, the body man replaced the perfectly good leather upholstery?

Now to fully appreciate what this is all about; consider the following real life examples of this type of negligent conduct and the ramifications to you.

Having a surgeon remove your one healthy lung instead of the diseased lung.
Or how about operating on the wrong side of your brain?
Or amputating the wrong limb?
Or the surgeon begins to operate on the patients left side for a right side inguinal hernia repair discovers the error, blames the patient and then the patient receives a bill for both the left and right surgeries?
At age 29 you awaken from surgery to discovery your ovaries, perfectly healthy, have been removed.
You awaken from gall bladder surgery and are informed, oops, you’re going to be mad at me but I tied your tubes even though you made it clear before we started you wanted to have children. Sorry! See you at the country club!

This should be an interesting month in that Injuryboard is also focusing on this subject. Please be patient with us here at Lombardi Law Firm as it’s Iowa State Fair month, three kids are heading back to college, we are moving houses, Barbara and I just got married on July 5^th,Justin heads back to his second year of law school leaving us short handed and as I earlier pointed out I’m just back from mountain climbing and Barbara isn’t finished retraining me for civilization.

Much of this topic will be covered by Justin, Megan and myself on the InjuryBoard platform. So visit us here and there for further information. At the end or some point during the month I'll create a list of links for the information sheets and sources we use. I hope this will be helpful to those in need of the information. If you are a lawyer and wish to discuss your client's case and our involvement please contact us through Lombardi Law Firm.

Are parties permitted to use the arbitration process with

In today's blog we examine the case of American Apparel, Inc., Dov Chamel and Mary Nelson. A case of alleged sexual harassment and how in settling the case they forgot one small detail, you.

Iowa Highway Safety - U.S. Highway 65 Collision of two trucks

A collision between two trucks occurred on November 4, 2008 at the intersection of U.S. Highway 65 and 180^th near Rockwell. Life flight helicopter was dispatched and was able to land between the two vehicles. A photograph of the scene shows several ambulances along with firefighters attending to the injured. Rockwell is south of Mason City in Cerro Gordo County.

The Iowa State Patrol report has two of the four vehicle passengers were injured. In this collision the northbound vehicle is stated to have crossed the center line sideswiping the southbound vehicle causing it to flip on its side and coming to rest in the east ditch. The northbound vehicle came to rest in the west ditch. Iowa Falls ambulance and Cerro Gordo County Ambulance crews along with Mercy Air Life removed the injured.

The two trucks were a 1995 Chevrolet K2500 and a 2000 Ford F550. The K2500 is a ¾ ton pickup truck. The F550 is a unique light frame truck.

“The Ford F550 is a class 5 Ford conventional truck. It is unique in its weight class in that the 2003 model shares fenders, hood and grille as well as the cab with a pickup. This model is used in places as a light-framed armored truck such as the Armet Armoured Vehicles Gurkha.”

Ireland hospital removed the wrong kidney from a child

The Irish Times reports Our Lady's Hospital for Sick Children in Crumlin, Dublin removed the healthy kidney from a child. The reports indicate the parents even raised questions concerning the side chosen by staff to be operated on. The doctor was a specialist. The hospital had a time-out policy. A time out to some degree occurred or so it was reported afterwards. The child had been anestatized. The parents were present and raised questions. The doctor had previously seen the child as a patient. So what went wrong?

The investigation team identified 10 principal contributory factors to the error.

These included the fact that: the hospital has no site-marking policy to eliminate the risk of wrong-side surgery; an incorrect imaging report from six years earlier had not been identified and corrected; there were delays in filing hard-copy X-ray reports in medical records - one of the child's X-ray reports "had been lost for six months" in the period between the X-ray and admission for surgery; and there was no fail-safe system to ensure a patient undergoing removal of a major organ was discussed in a multidisciplinary setting.

And what was said to be the reason for the error? Here is what the consultant found to be the reasons for errors.

Reasons for error: contributing errors

•A consultant general surgeon wrongly listed a child with a poorly functioning right kidney for a left-sided nephrectomy (kidney removal) after seeing the child in outpatients.

•Concern was expressed by the child's parents about the side of surgery before the child was taken to theatre.

•The operation, removing the wrong kidney, was carried out by a specialist registrar in pediatric surgery who had not seen the patient previously.

•No X-ray images were reviewed prior to or during surgery even when it was noted the kidney being removed looked healthy.

•At the time of the incident Our Lady's Hospital for Sick Children had no formal or universal process to confirm that the correct patient was having the correct procedure, and on the correct side.

•When the wrong kidney was removed from this child the error was realized immediately but it was not possible to put it back.

•Staff felt their workload was a root cause of what happened. There had been an increase in referrals to the hospital without extra staff. Junior surgical doctors worked on average 73 hours a week when not on call and 107 hours a week when on call between January and April this year.

•Often patients are admitted outside normal working hours on the day before surgery, which leaves little chance for their review before surgery.

•Theatres were so busy staff reported the average turnaround time between patients was two minutes.

Home Safety: Explosion in Alpha causes hospitalization of two residents.

An explosion in northeast Iowa sent a man and woman to the hospital. They were attempting to light a pilot light. Like many home explosions the house was blown off of part of it's foundation along with shattering windows.

If you don't know how to safely relight your furnace then don't touch it. Call a professional and get a sleeping bag out for the night.

Railroad Crossing Accidents: What duties apply when determining negligence?

A train-tractor collision resulted in the death of a female passenger and injury of the driver and an infant passenger. Although still under investigation it’s interesting from the standpoint of analyzing negligence of both the tractor driver and the railroad train operating engineer. Each has certain responsibilities for speed, lookout and control of the motorized vehicles they are driving on the public roads.

“ALTA, Iowa -- A 20-year-old woman is dead and an infant and 21-year-old man were injured when a tractor collided with a train on Saturday afternoon in Alta, according to police.”

Shocking News: Insurance adjuster struck by bus isn’t interested in tort reform.

Shocking News: Insurance adjuster struck by bus isn’t interested in tort reform. I had to repeat it. That's just worth hearing all over again.

Have you heard this one before? We need more tort reform! There are too many greedy Plaintiffs using the courts for jackpot justice! Give them nothing! It’s our money!

Okay, now that I’ve got that out of my system, here is what happened in this accident. But, remember this is all "allegedly" nothing yet has been proven. So take it with a grain of salt.

An insurance adjuster with 46 years of experience adjusting claims he was struck by a bus while crossing a busy city street at a cross walk. He’s injured, not fatally, but still seriously.

Can any injury be serious? That’s the question he has to answer. Because I dare say for 46 years his company has been telling him to tell injured plaintiffs no to answer that question. He’s probably argued about that issue in every case or nearly everyone. Okay, probably every one.

And what about the fault of the bus driver that struck him? Is there any failure that can be called negligence under the insurance industries proposed tort reform measures and case handling protocols? If the pedestrian insurance adjuster could have seen the bus, they aren’t small, and if he was paying attention, could have jumped to safety, then is he the one at fault, relieving the bus driver of any liability?

Why if they don't agree, should the jury have to follow the law? And is it right that the insurance industry lobby’s nonstop to pollute the jury pool by prejudicing them before they ever enter a jury box? What if a jury just disregards the judge’s jury instructions of what the law requires? And in term gives him nothing but out-of-pocket expenses. Should juries be allowed to ignore the law in favor of what they want to happen?

And is an insurance adjuster capable of experiencing pain and suffering? Are they immune to the concept of pain and suffering? I’ve listened to adjusters saying juries aren’t awarding pain and suffering damages; so does this negotiation tactic work when this allegedly injured plaintiff is an adjuster? Just because a bus hit him doesn't mean he was actually injured. After all a look at the bus' bumper probably didn't show a dent.

Does a different standard for valuing personal injury cases apply to you and me than to insurance adjusters?

Seriously I don't know this man and have not investigated his mishap, but right now he's faced with all the tort reform his industry has bought and paid Congress to pass and Madison Avenue to publish. While I may wish him well in getting better I do hope he gets the same treatment as my own clients.

Like I said, have you heard the one about the defense lawyer that was seriously injured while walking into his law firm’s building to begin deposing a real plaintiff in a real case, after just leaving an insurance industry meeting about promoting more tort reform?

Action being discussed by Beth Israel Deaconess Medical Center in Boston

It's encouraging to see a well qualified health care professional willing to openly discuss wrong-site, wrong-side, wrong-patient and wrong-procedure surgical mistakes. We take our hat off to him and his staff.

In July of this year (2008) Paul Levy, the President and CEO of Beth Israel Deaconess Medical Center in Boston commented on a surgical event involving operating on the wrong body part. While this is a difficult mistake to discuss it is a necessary one, because not discussing it will not make it go away.

"While respecting the confidentiality of both the patient and caregivers, here are the key facts: It was an elective procedure, involving an excellent team of providers. It was a hectic day, as many are. Just beforehand, the physician was distracted by thoughts of how best to approach the case, and the team was busily addressing last-minute details. In the midst of all this, two things happened: First, no one noticed that the wrong side was being prepared for the procedure. Second, the procedure began without performing a "time out," that last-minute check when the whole team confirms "right patient, right procedure, right side." The procedure went ahead. The error was not detected until after the procedure was completed. When it was, our patient safety division was notified immediately, and they in turn took all appropriate steps including investigation, reporting and corrective action. The physician discussed the error with the patient at the first opportunity, and made a full apology. The patient is now recovering at home from the injury, which is not life-threatening."

With the realization it can happen to any surgeon and surgical staff at any facility, no one is immune from making this kind of mistake, the staff can now shore up their protocol to avoid any further mistakes of this nature. I take off my hat to them for their candor and honesty.

Iowa windmmill worker's death: What caused the accident?

Topix reported on a worker’s death at a windmill farm in Grafton, Worth County, Iowa. I’ve been out of the office for several weeks and traveling in Ireland. Just returning I saw this news item and wondered about the cause.

Garbage collection worker seriously injured after trash bin falls on him.

It isn't clear just how this happened, but a bin that was being handled by a worker fell onto the worker causing him serious bodily injury. The AP reports through the The Gazette Online that the worker, ended up being trapped beneath the bin. It's unclear just what part of the emptying process the bin was in when it fell and exactly why the worker was out of the cab.

Two separate infection control incidents allegedly causes 40 infants in Turkey to die.

Two prenatal units in Turkey had 40 newborns die of bacterial infection.

What hospitals are involved? “In July, the Ankara facility became the scene of any parent's hell. A total of 27 newborns died there within two weeks, most of them from infection.

Now Turkey is reeling from a similar tragedy at another hospital, this time in the western city of Izmir, where 13 premature babies died last weekend within 24 hours, apparently from tainted IV treatment.”

What caused the deaths? “A preliminary investigation concluded that the infants died of a bacterial infection spread by IV treatment.”

See The Verdict blog for commentary.

Young Dubuque nursing student killed in motorcycle crash.

Only 19 and with a promising career as a nurse the death of Miss Martin raises several questions one of which is why the motorcycle on which she was a passenger was heading south in the northbound lane of Kerper Boulevard. There is obviously more to this story than meets the eye. I know some boulevards are confusing and if wide enough can cause a driver to mistakenly turn too soon. The east bound off-ramp for I-80 and Merle Hay Road in Des Moines has that same confusing effect. The signage is terrible and if there are no cars heading south on Merle Hay Road a driver can easily turn north into the southbound lanes.

In this instance the mistakes were deadly. Of course wearing helmets may have helped save her life. As the person in the video says, "Don't put a cheap helmet on a priceless head."

Text messaging while operating a vehicle hits an all time low in Los Angeles - Railroad Engineer

Technology is good. Technology is bad. I remember teaching a religion class at the same time Jeffrey Dohmer's crimes were being discovered. I told my class that too much of anything is bad.

In this case texting technology has become such a common cause of operator distraction it confounds the mind. For a complete report see Was Engineer in Crash Text Messaging? from Amy Taxin of AP. Amy's work can be explored at Sulekha.com.

Feds: Audio sheds light on deadly LA train wreck

Another motorcycle-deer collision near Le Mars, Iowa.

Another motorcycle-deer collision caused injury to a Remsen father and son. The Sioux City Journal reports Michael and John Naser were taken to Mercy Medical Center – Sioux City for injuries received on Iowa Highway 3 near Polk Avenue in Plymouth County. No report on whether or not a helmet was worn by the 12 year old passenger and the extent of injuries each received.

What does "loss of control" really imply?

Motorcyclist’s “loss of control” may not be the cause of this wreck.

Doctors refer to general diagnoses as "a waste-basket diagnosis", meaning the diagnosis is so general that it's meaningless. So when the Harrison County, Iowa officials list a loss of control as the cause of what killed a 49-year-old Omaha man after his motorcycle crashed it’s pretty worthless.

KCAUTV reports that David Jeulfs of Omaha was driving his motorcycle two-miles south of Missouri Valley when “he lost control of it” and crashed into a concrete railroad embankment. Of course the reporting is what it is because of the cause listed by the Harrison County officials who investigated the accident. I’m not picking on their reporting. But what I am trying to do is to explain why lawyers don’t find “loss of control” a sufficient explanation of the true cause of what caused Jeulfs to lose control. The passenger, Deborah Godek may be able to shed light on what actually caused Jeulfs’ to initially lose control.

When lawyers, judges and juries evaluated fault and negligence they seek to know more about what caused the driver to initially lose control. It could be speed, drinking alcohol and the effects, a deer crossing, a gaggle of geese in the roadway, a dog chasing the bike, a pot-hole in the roadway, a grease spot or some other debris on the road’s surface or a distraction caused by the passenger can all be “causes” of what caused the driver to “lose control”.

Loss of control is an initial description or preliminary description that leads to further investigation to establish the true cause of the collision and resulting death.

Take for instance a second motorcycle collision-wreck in Henderson County, Iowa where a 52-year old Christopher Coates of Corydon, Iowa was killed. In this collision there is another vehicle, a pickup truck driven by an 85-year old gentleman from Galesburg. In this wreck it’s reported the driver of the pickup truck turned left of center intending to make a left turn, but did so right in front of the motorcycle. The motorcycle driver lost control of the cycle as it slid into the pickup truck, causing his severe injuries and death and serious injury to the passenger of the motorcycle. It’s correct to say the motorcycle driver lost control, but that’s not the cause of the collision. The cause of the collision is the pickup truck turning left in front of the motorcycle, which causes him to lose control, and then leads to the crash. Going back one more step the pickup truck driver failing to see the motorcycle, a failure to use due care while driving, is the true cause. Speed could also be a factor along with other causes that influence vision and reaction times.

When a motorcyclist loses control it’s easy to initially blame the driver, but that’s unfair and wrong. You first have to examine all potential causes of what made the driver lose control in the first instance. We’ll examine one more crash. KOLNKGIN.com reports of a Dixon County, Nebraska crash where a 49-year old woman died after crashing into a car. She obviously lost control but that is not the cause of the crash or negligent act that caused her to lose control. What happened on that Sunday afternoon on Highway 12 near Ponca is that a car on the left shoulder of the highway came out and attempted to turn right, causing the motorcycle to crash into it. The negligent act is not the motorcyclist losing control, but the attempt by the car driver to cross lines of traffic from the left to make a right turn.

So when you are analyzing fault or negligence doesn’t stop short of the true cause. If there can’t be a determination of the true cause, in cases where the driver is killed and there is not a witness and no other vehicle involved, the waste-basket cause may have to be the only determination. But when there is more, ask questions and analyze the other potential causes. Good luck with your case.

Road construction worker for PCI injured.

An Independence man, Hoolcom, was caught between forms as one set shifted and pinning him. He worked for PCI, the same as one of our other clients, causing him to be taken to the hospital. Work was being done on the Highway 63 overpass south of Highway 30. His co-worker, Levi Bro was reported have been very helpful in trying to rescue him.

One of our clients had a similar mishap with prestressed hollow core concrete panels being lifted incorrectly, bending, breaking and causing him to fall. He lost his leg in that mishap. These are complicated matters which may involve a crane operator, another subcontracting crew that set the forms or a failure on the part of the GC to enforce safety on the site.

Be careful and adhere to safety rules.

Iowa Job Opening: Lombardi Law Firm has an open position for a secretary/legal assistant.

Iowa Job Opening: Lombardi Law Firm has an open position for a secretary/legal assistant. Pay is commensurate with experience. Hours are part-time from 9:00 A.M. to Noon. Experience should include typing, phone answering, computer use and general office work. A good personality is necessary to work with a small office team. Contact Barbara at Lombardi Law Firm, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266 (515-222-1110) Email: batubridy@aol.com

Iowa Boating - Jet Ski Collision

Jet skiing is a fun way to spend an afternoon. But unlike cars, jet skis operate on water where there are no clearly marked roads and signs telling you when to stop or yield. In this instance the two drivers failed to avoid colliding, crashed and the driver of one was saved by her passenger. The life vest she was wearing may have ultimately saved her life. According to the Des Moines Register story, D.M. woman injured after jet ski collision:

Kasey Aiken, 27, suffered multiple injuries when her jet ski made a turn and collided with the jet ski of Melisande Hinds, 20, of Des Moines about 2:30 p.m. south of the marina at Saylorville Lake, according to the Iowa Department of Natural Resources.
Hinds' passenger and sister, Michaella Hinds, 17, of Carlisle found Aiken floating face down in the water and not breathing. Michaella turned her over and gave her mouth-to mouth resuscitation.

Be safe, be smart and think about how fast you're driving. In this instance the young woman was lucky.

Des Moines Bicyclist Injured at Third Street and Court Avenue Intersection

The Des Moines Register reports that at Third Street and Court Avenue a bicyclist and a car collided sending the cyclist to Mercy Medical Center. The Police officer to contact is Police Lt. Todd Dykstra. No other names are given.

Electrocution of MidAmerican Energy worker results in work-related death

Details of why and who were involved is not yet being released. But when 7,000 customers lost power two MidAmerican Energy workers who attempted to fix the problem at the substation at 50th and Aurora Avenue in Des Moines were involved in an accident that took one life and injured the other. The TOI was 2:40 P.M. on August 13, 2008. A video and photographs are available at the linked site.

Defamation requires publicity, a good reputation to begin with and substantial harm.

Many people ask me if they have a case for defamation. In most instances, even where arguably they have been defamed, the damage to reputation isn't very great so there is no case to pursue. And then there are those whose defamation doesn't climb high enough because they had a previously damaged reputation. In the case of Author Miller and the University of Iowa, if the claims aren't true the defamation is real and substantial. Hard to know at this point, but we'll keep watching and reading just like the rest of you.

Police seized 47 e-mail messages between Miller and students, staff and professors, according to the search warrant return. The text of the messages is not included in the search warrant return, only brief descriptions of contents.

Several e-mail exchanges between students and Miller referred to grades or offers to negotiate. Other messages between Miller and U of I administrators involved the investigation of complaints against him, the warrant states.

PROTECT YOUR BRAIN WITH A HELMET!

As part of my mission to assist in preventing and then reducing the high costs to society of treating those with brain injuires I am giving away a free motorcycle helmet at the Iowa State Fair. We believe preventing brain damage is a valuable goal in the reduction of the number of people suffering injuries involving accidents and wrecks with motorcycle riders. At the InjuryBoard.com site I blog 365 days a year to promote safety in every aspect of the American way of life. While you may not always agree with my opinion I invite and promote fair discussion with one and all. We write the blog for the Des Moines, Iowa market. We hope you'll come join us to read our commentary, informative articles and to comment when appropriate.

Waverly man killed by collapsed trench.

A thirty-five year old construction worker died as a result of being buried in a collapsing trench while working in Waverly, Iowa. It is reported the site was a home on 30^th Street in Waverly, Iowa. The employer or general contractor for the site work is not reported.

"Guns at Work" - This is getting me closer to saying I've seen it all.

There are times I think I’ll never be able to say, “I’ve seen it all.”, but this news item takes the cake. Incredible as it may seem the State of Florida recently passed a law allowing employees to bring guns to work. Yes I’m not kidding. Effective July 1, 2008 employees are allowed to bring guns to work as long as they leave them inside their vehicles. Man I’ve got a splitting headache on this one. Mark Toth of Manpower outlines the story on his Manpower or North America blog. As the Chief Legal Officer he’s got his hands full on this one.

“This law and others like it put the employer in the horrible position of having to decide whether to potentially (1) violate the law or (2) fail to take adequate steps to ensure workplace safety. My guess is that many employers in Disney’s position would have done the exact same thing. Which would you rather face: a potential lawsuit from a disgruntled employee or the prospect of gun violence in the workplace?”

Drunk Driving NHTSA Initiative Materials Released

The NHTSA issued it's latest promotional literature and video clips for combatting driving while impaired, or drunk driving. The materials are being issued in both English and Spanish.

"Drunk driving is one of America´s deadliest crimes. In 2006, more than 13,000 people died in highway crashes involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of .08 or higher. The picture for motorcycle riders is particularly bleak, with 41 percent of the 2,007 motorcycle deaths in 2006 related to alcohol use. To address this, the National Highway Traffic Safety Administration (NHTSA) is launching its 2008 Drunk Driving. Over the Limit. Under Arrest. crackdown on impaired driving beginning on Aug. 15 through Sept. 1, 2008. "

Motorcycle Safety - Wisconsin and Iowa experience similar death rates with deer collisions

Both Iowa and Wisconsin have similar death rates for motorcycle-deer collisions. Each is at around 10 deaths per year. Not an unreasonable number when compared to the number of registrations for motorcycles. Couple the increased number of motorcycles on the road with and increase in deer population then subtract mandatory helmet laws and you have a deadly combination.

"The Wisconsin Department of Transportation reports when cars or trucks hit deer, there's about a 2.5 percent chance the driver or passengers will get hurt or killed. When motorcyclists hit deer, their odds of injury or death are about 85 percent."

"The increase in deer-motorcycle deaths, however, isn't unique to Wisconsin. Iowa recorded a record 10 deer-motorcycle deaths in 2007 and nine in 2006 after recording only 18 such fatalities the previous 10 years. Iowa hit those marks with far fewer motorcycles than Wisconsin, with a record 146,000 registered in 2006."

More statistics are shown in the article by Pat Durkin at the Green Bay Press Gazette.

Motorcycle Safety - Being aware of the roadway traffic

A southbound motorcycle rider was ejected from his bike after a northbound car turned and struck him head on while turning off Highway 965 onto Cou Falls Road near Swisher, Iowa. The collision occurred about 6:30 PM. There is no mention of whether a helmet was worn or a cause of death. This appears to be a failure to yield case.

In a second news item from the Golden Triangle Media a Mt. Pleasant man was killed in a similarly head-on crash. The accident description is not very clear other than the Mt. Pleasant man was pronounced dead at the scene when his motorcycle collided head-on with a vehicle being driven by a Ft. Madison gentleman.

In a third collision a car and motorcycle collided at 6^th Street SW and 33^rd Ave. SW just before 3:00 A.M. in Cedar Rapids, Iowa. The cycle rider was taken to the hospital. The police suspect the driver of the car had been drinking. KCRG has this story. This is an alcohol related case, or OWI collision.

In a fourth accident near Welton, Iowa a woman from Lost Nation driving a car collided head-on with a motorcycle driver in Clinton County. The woman was driving a Buick Century westbound in the 2000 block of 190^th Street at 4:44 PM when she fell asleep at the wheel, then crossed the center line and collided head-on with a Harley-Davidson cycle driven by a 54 year old man, Bruce Hanley from Geneseo, Illinois. The point of impact was in the south shoulder of the road, tending to show the motorcyclist was trying to avoid the collision by turning away from her. Both vehicles went airborne, the car ending up on it’s top and striking a utility pole. The cycle had a passenger, Hanley who is 53. She was pronounced dead at the University or Iowa Hospital and the driver was admitted. Neither was wearing helmets. The car driver was treated and released. This is a failure to maintain control case.

In a fifth motorcycle accident a Fremont woman was killed when the motorcycle she was riding on blew a tire, the driver lost control and she was injured. This collision occurred on Interstate 80 west of Des Moines. The motorcycle actually overturned and slid into the ditch. They were traveling east on I-80 and ended up in the south ditch. In this collision both were wearing helmets. This is a vehicle-maintenance case.

KIMT, News 3 from Mason City, Iowa has a story about the number of motorcycle registrations and death rates in both Iowa and Minnesota. As the number of registrations climb so has the death toll. Iowa has 60-motorcycle related deaths in the state.

“The Iowa D.O.T says there are things you can do to stay safe on your motorcycle. Bikers should wear bright colors so other drivers can notice them.

Drive the speed limit while operating any vehicle and don't drive while intoxicated. You can also lower the fatality rate while driving your car.

"As far as a driver be aware of motorcycles I know it's been preached for many years but it obviously is a problem we still have people today saying I didn't see the motorcycle," said Iowa D.O.T's Field Service Coordinator Pete Hjelmstad.

Some motorcycles now have flashing headlights to help them become more visible to the rest of the traffic.”

With gas prices what they are the number of scooters using the roadway is bound to increase. We all need to slow down and pay more attention to our driving and the traffic conditions. Motorcycle riders need to increase their visibility. I don’t mean to pick on the motorcycle riders, I just want them to stay alive. Everyone needs to be more careful, to be alert and then we can all be safe and stay alive.

A motorcyclist was hurt when she slammed into the back of another motorcycle that was slowing down. Inattentiveness seems to be the cause as she admitted not seeing him slow down to turn.

Motorcylist dies after colliding with deer.

A man from Red Oak, Iowa died on Wednesday from injuries sustained when his motorcycle struck a deer. The accident happened near Stanton in southwest Iowa in Montgomery County on Highway 34. The time of the accident is around 4:10 a.m. I hear it all the time from those who are against mandatory helmet laws -that the way to reduce the number of deaths is to make other drivers more aware and paying closer attention to the traffic. But many deaths are caused by a motorcyclist losing control of the bike or from striking a deer. Here is one more instance of a deer-motorcycle collision related accident and death.

Jordan Creek Escalator Area Fall

Just outside the Younkers area at the Jordan Creek Town Center Mall an 11-year old girl fell seriously injuring herself. The young gal is in the ICU at Mercy Medical Center in Des Monies. We wish her a speedy recovery.

Torts for Tarts - Victoria's Secret

Victoria's Secret is being sued in Los Angeles by a woman whose eye was injured by a decorative metal object that flew off while the woman was getting dressed, striking her in the eye and sending her to the emergency room. The InjuryBoard's Tom Young is commenting on the suit and has the interview on the IB website. I think I'll blog about this today!

Fayette County Motorcycle Crash Injures Woman

A "piece of equipment" fell off of her motorcycle and that caused her to lose control, the motorcycle is reported to have "swerved" and she was "flipped of the bike". I wish they had reported as to the piece of the bike that fell off. And was she wearing a helmet? All of that would be very helpful to know.

Con-Law Lite is the new and improved cigarette company constitution

Here we go again. First it's that wearing or not wearing a motorcycle helmet is a constitutional right. Now we get to hear the smokers bellowing about their constitutional right to smoke in a public place. Law school constitutional law classes with Mimi Winslow taught me a few things about constitutional law but mostly that "con law" as it's referred to is about basic human rights. And smoking isn't one of them. But the tobacco industry would have you believe it is or at least they would like you to believe it's a basic human right. And so would those people who addicted to smoking and being insensitive to other people have joined in to champion the new and improved Con-Law-Lite-Constitution!

For those shouting out about constitutional rights I'd refer you to Drake University Law School's Summer Institute in Constitutional Law. Before you go shouting publicly about how a vice is a basic human right I'd suggest you actually read the constitution and a horn book about the constitution.

Construction Site Accident Backed Over Leads to Death

A 61 year old highway worker installing new posts on the median strip was accidentally backed over by a backhoe as they performed their work. He died enroute to the hospital. Construction workers perform their work in an environment that can be very dangerous. Never stand behind a piece of equipment.

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PROTECT YOUR BRAIN WITH A HELMET!

A thirty-five year old construction worker died as a result of being buried in a collapsing trench while working in Waverly, Iowa. It is reported the site was a home on 30th Street in Waverly, Iowa. The employer or general contractor for the site work is not reported.

A thirty-five year old construction worker died as a result of being buried in a collapsing trench while working in Waverly, Iowa. It is reported the site was a home on 30^th Street in Waverly, Iowa. The employer or general contractor for the site work is not reported.