Today’s music is Daughtry, Life After You, because this is one mother who would stop at nothing.

Here is what the Iowa Supreme Court wrote about the facts in the record,

University of Northern Iowa (UNI) runs a program called Camp Adventure Youth Services (“Camp Adventure”).   UNI sends university students overseas to conduct and supervise summer camps for military children living outside of the United States on military bases.  On June 25, 2003, ten-year old Blake Jermon was participating in a Camp Adventure sports program in Hanau, Germany and went to a German municipal swimming pool and almost drowned.  Jermon sustained serious injuries as a result of the incident and died three years later during surgery to correct problems related to those injuries.

Aside from the mother’s undying love for her son, this case demonstrates legal persistence and tenacity to the nth degree. The case was first filed in 2005 it got settled seven years later for what is reportedly $2.1m dollars. The plaintiff’s attorney of record is Pressley Henningsen. I’m sure there were more attorneys from Riccolo & Semelroth involved, but we’ll go with Pressley today. There were at least two motions to dismiss, a motion for summary judgment, a motion for partial summary judgment and an appeal to the Iowa Supreme Court. During the course of the litigation two judges were specifically assigned to the case at two different times. Well done Pressley. Before the case finally settled it was so old it had been cited by the Iowa Supreme Court in a later decision. (See Berry vs Liberty Holdings, Inc., No. 10-0094, September 9, 2011)

Taking nothing away from Pressley, in the area of workers’ compensation probably the only lawyer who is more stubborn is Mark Soldat. To borrow a quote from the last line of Vinnell Griffen vs State of Iowa … All justices concur ….

Let’s conclude with3 Doors Down, Here Without You

Venue: Black Hawk County, Iowa, filed August 1, 2005.

District Court Docket Number: 01071  LACV096157

Iowa Supreme Court, No. 07-1262, June 26, 2009.  The dismissal of the wrongful death suit was reversed and remanded back to the lower court.

FACTS: (Per Iowa Supreme Court decision) I.  Facts and Prior Proceedings.

University of Northern Iowa (UNI)  runs a program called Camp Adventure Youth Services (“Camp Adventure”).   UNI sends university students overseas to conduct and supervise summer camps for military children living outside of the United States on military bases.  On June 25, 2003, ten-year old Blake Jermon was participating in a Camp Adventure sports program in Hanau, Germany and went to a German municipal swimming pool and almost drowned.  Jermon sustained serious injuries as a result of the incident and died three years later during surgery to correct problems related to those injuries.

His mother, Vinnell Griffen, as administrator of her son’s estate and individually, brought suit against the State of Iowa under the Iowa Tort Claims Act (ITCA), Iowa Code chapter 669, alleging the State was

negligent in failing to administer and manage the Camp Adventure program, failing to properly train and supervise Camp Adventure employees, and failing to properly supervise Jermon.  The State filed a motion to dismiss, asserting the  ITCA has no extraterritorial applicability.  The district court granted the motion, concluding the ITCA “has no applicability here.”  Griffen appealed, asserting the district court has jurisdiction for claims occurring outside of Iowa under the ITCA.

 COURT DOCKET

Cruise Ship Captain Says He Fell Overboard Amid Chaos, cough-cough... apparently he fell right into a life boat. Isn't that lucky. Even the crew of Saturday Night Live couldn't come up with this script. So why didn't he get back on the ship? But all that said, look how close the ship is to land. 

For more information see the January 24, 2012 blog post about this cruise ship situation. Link

Resources

• The Cruise Passenger’s Rights & Remedies, by Judge Thomas A. Dickerson, 2000
• Cruise Line Injury FAQ’s by McGill Law Firm, Pensacola, Florida
• Cruise Law News, James Walker out of South Miami, Florida
• Cruise Ship Law and the Cruise Ship Law Blog, by Lipcon, Marguiles, Alsina & Winkleman, PA out of Miami, Florida
• Damage Control Central for Costa Concordia
• Cruise Critic,
• Link to the Omaha Ocean on the western edge of Iowa.
• Cruise ship lawsuit waiting room, we serve hot coffee.

For you landlubbers a transom is the backend of a boat.

If you are a passenger and you’re one of the people who dislike the dreaded trial lawyers, call them greedy and scream for tort reform welcome to the world of the Costa Concordia’s cruise ship mumbo-jumbo legal maze. As a passenger of the sinking Good Ship Lollipop you won’t be suing from wherever you live or lived. You won’t even be seeking legal redress on terms you would be if there was a level playing field. Fact of the matter is pursuing your legal claims against the captain and cruise line will be litigated on the listing deck of some venue the cruise ship line chooses. You wanted tort reform in favor of big business, well… you got it. Welcome to their captain's quarters, a world of hot coffee that bites you squarely in the transom.

What happens when world dominators in the business world fear no one?

If you think cowardly captains are something new then visit the Oceanos where a guitarist is forced to take over as the captain because the captain and crew left with their luggage inside one of the lifeboats.

You remember us, we are trial lawyers, who when you’re out alone drifting in the wide expanse of the legal ocean where the lawyers for the corporate sharks try as hard as they might to capsize your life raft named the U.S.S. Lawsuit; we sail to your rescue while they jump onboard the lifeboats with their Gucci luggage and drift away from screaming babies.

Never forget trial lawyers are the one person who when you need someone is in your corner.

Golden Rule: Do unto others as you would have them do unto you.

Sorry to have to rub it in, but we did warn you this tort reform stuff would come back and bite your transom, but no one wanted to listen to us, they were too busy drinking hot coffee. Remember the McDonald's case. The case where they served coffee so hot that it can and did melt a woman's skin, which by the way then made it inedible. Which by its very nature isn’t food you can eat or drink – which makes it … well, not food? If it were still considered food they could serve you sulfuric acid and you’d have no recourse but to ask for cream and sugar. We are the greedy bastards who tried to save you from yourselves but were shut down by the Bush Administration and all the greedy corporate CEO’s that see only the bottom line – their bottom line.

Pray-tell, who does fund the America Tort Reform Association; and by-the-way why won’t they disclose the identities of the contributors? Hmmm….They are probably just busy spending the profits from people drinking too-hot-too-drink hot coffee.

I’m sorry to rub it in, but I predicted this and more to come. In my 57-years on this planet I've come to realize that people don’t learn until something happens to really scare them into making it personal. And when foolishness takes on an entire population it takes personal injury on a much larger scale to right a listing ship. Until the world experiences several major disasters I forecasted rough seas for trial lawyers attempting to pursue claims for passengers and others who suffer personal injuries. But one or two people getting hurt won't scare anyone into action. There has to be disaster on a much larger scale to really scare the general public into demanding we roll back tort reforms or that juror attitudes change. Attitudes have to change before honesty is restored in the jury system and in turn in America. 

If you’re honest with yourself you’ll admit that your being able to hate us is really a privilege we gave you. Without the trial lawyers having made the world safer juries would not be able to ignore other people being injured. Because we forced a safer world you can feel comfortable you will never be one of the injured who need us.

When things get too safe we have a decaying of attitudes and moral obligation to one another. That's where we've been for at least the past 15 years. The level of moral decay is pretty evident. Juries are downright mean with injured people. And when juries don't seem to care about their fellow man corporate CEO's, and probably ship captains, get a sense of entitlement, laziness and an I don't care attitude. They don't have to care, because there is no one to fear. It is the jury system that keeps a healthy balance of fear in all our lives. Do unto others as you would have them do unto you. Remove that healthy dose of fear to everyone's reality and this is what you get.

Sinking Ships and Vulnerable Passengers

• Oceanos, July 2006 captain and crew pilled luggage into a lifeboat and sailed away from the sinking ship.
• MS Sea Diamond, previously Birka Princess
• Santorini, 2007
• World Discoverer, 2001
• Amazing Ships Sink 1902 to 2011
• Want to see how vulnerable passengers are on the high seas. Horror On The High Seas
• Cruise Ship Dangers Causing Personal Injury and Death
• What would a tsunami do to a large ship?
• Tsunami caught on video by the people who experienced it firsthand, December 24, 2010 Thailand
• Photo Montage of cruise ship mishaps by Crocieristi

What advertising executive came up with the idea to advertise cruise vacations on YouTube video's of sinking ships?

And if you think these corporate CEO’s are not greedy consider that while I’m researching ships that sank Google ads open for Carnival Cruise Deals, Cruise Reviews and Oceania Cruises. I kid you not. Think of the lack of integrity of the person who says, hey let’s advertising for cruise vacations on sites that show video of sinking ships with screaming passengers. Look at the screen to the left of YouTube. See the gray box inside the YouTube black box. Look at the ads. I use two computer screens so ignore the right half screen shot of the lighthouse scene. Focus on the left side screen shot. If the shot is too small hold down the “Ctrl” key and then depress the + sign as many times as it takes to increase the size of the image. I rest my case.

So hey, sign up for a cruise but first watch sinking ship videos because you’ll probably find a better deal. Really you won’t need us. You see we can’t save you from you until tort reforms are set aside. Until that happens we can’t ever save you from misguided captains and crew members. So when you want to file suit for personal injury bring your own life preserver because tort-reformers are ready only to throw you an anchor.

Resources

• The Cruise Passenger’s Rights & Remedies, by Judge Thomas A. Dickerson, 2000
• Cruise Line Injury FAQ’s by McGill Law Firm, Pensacola, Florida
• Cruise Law News, James Walker out of South Miami, Florida
• Cruise Ship Law and the Cruise Ship Law Blog, by Lipcon, Marguiles, Alsina & Winkleman, PA out of Miami, Florida
• Damage Control Central for Costa Concordia
• Cruise Critic,
• Link to the Omaha Ocean on the western edge of Iowa.
• Cruise ship lawsuit waiting room, we serve hot coffee.

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

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

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

As you can see each of these rollover case is different; seldom are two the same. In the first you have one young driver who could be considered the at-fault driver and with no passengers she would have the only claim. She would file with her own insurance company under the medical pay section of her policy. Beyond getting paid medical bills there is nothing to be paid for personal injury unless she can show there is something wrong with the road, the car she's driving or there is another vehicle with a bad driver.

In the second accident, the passenger’s estate (he is reported to have died), would file a claim with the driver’s auto insurance company and if he has low limits of coverage he may also file with the passenger underinsured motorist coverage policy. Of course if the driver is uninsured and the passenger had automobile insurance then his estate’s administrator will file under the uninsured motorist coverage.

In the third accident the oil service field worker was in the course of his employment at the time of his rollover accident so he would have several avenues to consider for personal injury coverage. First is the workers’ compensation insurance and that’s an easy one. The second depends on whether he was forced off the road by another car or not. If so then there is a third-party case against the at-fault driver and owner of the at-fault car. The next claim as you can see had to do with his claim of receiving shoddy treatment that fell below the standard of care in Wyoming.

So there you have it three different rollover accidents with three different results and places to file insurance claims. And you wonder why they call this “the practice of law”? Note, the operative word is practice. 

Question: How is negligence determined in personal injury cases?  

Does negligence have to be established in order to collect damages in any personal injury case?

Statutes and Black Letter Law: The statutory law states that everyone must stop at a stop sign. If you run the stop sign you are negligent.

Common Law: If you behave in such a way as to increase the risk of injury to another knowing injury is likely then you can be found to have been negligent.

Contract: General contractors agree by way of a written agreement (the contract) to supervise the construction site and to make sure every subcontractor is abiding by OSHA's rules and regulations. If the GC knows a sub is not following OSHA rules/regs or fails to monitor whether the subs are adhering to OSHA rules they can be found to be negligent.

Criminal Law: Criminal law says if I walk up and punch you in the nose I'm guilty of assault and battery. If I walk up to one guy but hit another due to my being too drunk to make a straight punch, then I'm probably negligent. That's a standard that can be applied to civil law to find you acted negligently.

Professional Standards: Professionals are held to a standard created and recognized by other professionals and the associations that govern their conduct.

These are not all the ways standards are found in the civil law, but it will give you some idea of how standards are determined to exist and therefore formulate the basis for determining negligent conduct. 

A gay couple comes into a local baker and after introducing themselves as partners are told by the baker that as a Christian this businesswoman is unable to bake the cake for this couple.

I’m serious. And they wonder why Iowa has a brain drain? 

Story brought to us by KCCI, Channel 8, Des Moines, Iowa.

Family Law: Broken hearts and other disappointments

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To sell the engagement rings after the breakup go to this linked site.

http://youtu.be/3ErYDQcI33Y

No matter where you are today you can watch the parade with Full Channel's live feed.

http://www.eastbayri.com/detail/144275.html

Just remember the parade won't start until 10:30 a.m.

http://www.fullchannel.net/corporate/index.php?id=a23192eb4cf3ddbbf88be208e8f53c06&display=detail

• What is the Tea Cup Syndrome?
• Three cups of platitudes
• Three Cups of Deceit - Outline of John Krakauer's book from the blog Humanosphere.
• Three Cups of Tea update

Greg Mortenson wrote Three Cups of Tea, a book about his experiences with climbing K2 and how it changed his life afterward. Some friends gave me the book, but after reading the cover leaf I had little interest. I’ve seen adventure travel first hand and it’s changed my life in a positive way, but frankly some of it makes me wince because I’ve seen enough to know there is a lot of fraud that goes on in that business. There is the small rip-offs that are covered up by the ambiguous agreements you sign with the guides and guiding services and then there is a larger problem with the whole adventure book writing culture that writes stories about life and death adventure that can’t be proven and probably never happened. There is a certain type of personality that seeks to guide adventure climbs and senses how people back home could be taken advantage of in a way that rakes in the dough for them. The way 60 Minutes laid out this story Mortensen is being accused of running his organization in a way that lacks financial transparency and is being placed into this latter category.

If I understand Mortensen’s story he tried climbing K2, was unsuccessful, ended up in a small village with a Pakistani family and being somewhat injured, this family nursed him back to life. Their generosity caused Mortensen to make a promise to go back and build a school for the children in the village. He did raise the money to build the school and since then an organization (Pennies for Peace) created solely for raising funds to build schools in Asia has raised … well that’s the problem, raised how much and what have they done with the donations?

But let us get back to the adventure book signing circuit because it’s more fun than local stupidity.

If you’re thinking of donating money to an organization that is online first look to see if they disclose how much money has been donated, how it’s being spent and whether or not the expense budget is publicly disclosed. If not, then move on to one that does.

For the most part adventurists just barely scrape by and up until 1996’s Mount Everest debacle and the book Into Thin Air was published, as a culture climbers were living under the radar screen and locating crash plane cargo to hopefully scavenge out a living so they could do what they loved to do, which is climb. But then in 1996 Jon Krakauer’s Into Thin Air transformed the culture of climbing into a profitable business. What Scott Fisher and Rob Hall were unable to achieve in life, Krakauer’s book was able to bring mass appeal to climbing an 8,000 meter peak by writing about their deaths. Mortensen is a Johnny-come-lately and frankly there isn’t enough room at the summit to allow his crampons too much of a purchase. Listen to Krakauer rake Mortenson over the coals.

Greg Mortenson's Stories From 'Three Cups Of Tea' Called Into Question By '60 Minutes' (VIDEO)

So what is this blog about today? It’s about men and women who write about adventure just to get your money. I call it the Tea Cup Syndrome; a personality trait that is a combination of the Peter Pan Syndrome and the Participation Trophy Syndrome. The Tea Cup Syndrome is an emotional Ponzi Scheme built upon a foundation of hype and a false premise of the donor wanting some meaning in their life. The donee uses good will from initial followers to hook and roll later donors who contribute ongoing funding to advance some socially appealing idea. As an example raising money for breast cancer or cleaning up the mountain are socially appealing so long as that is what the money is being used for. But is it? is your money being used really do any good or  is your money being used to support the life style of Peter Pan? I'm not calling this the Tea Cup Syndrome because of Mortensen, no, it has to do with tea being served in Asia and how climbers tend to gravitate to Asia to pull this office. The name came about after I was served tea in Nepal and then got the runs all the way back to America.

My concern with any of these do-gooder adventurists has to do with the foundation upon which this emotional Ponzi-scheme is built. Can any of what they say be proven? If not how do you know it’s not a lie? If it can’t be proven why donate? Is it enough that the idea sounds socially acceptable?

Tea Cup Syndrome Climbing Gear

Writing a book usually helps to raise money because the book can be used to further promote half-truths, lies and fabrications of the underlying facts to garner donations. Now I’m not picking on Mr. Mortenson, I’ll let 60 Minutes and Jon Krakauer do that. I haven’t any reason to doubt or for that matter to believe Mr. Mortenson. Frankly I didn’t need to read his book because I didn’t care if he was telling the truth or not. Without being able to verify his story I would never donate to his cause. Add to that a lack of financial transparency and this organization will be left asking “What’s in your wallet?” Having been to Nepal, Narobi and Tanzania, Africa I’ve seen enough corruption to know much of what is donated is a total waste of the donor’s money. But apparently from this story many did donate to building schools in Pakistan and continue to do so; even Mr. Krakauer and President Obama donated what appears to be $175,000 combined donations to this org.

This is closer to home than you might think. Here in flat Iowa we have some who are doing more of the same and who I place in the category of the Peter Pan Syndrome. I’ve heard the spiels about donating to this or that Mt. Everest climb cause-celeb. A guy wants to continue his lifestyle of shirking real responsibility and so he comes up with a themed climb; call it the Mt. Everest Climb 4 Whatever-just-fill-in-the-blank Cause.

CLIMBING FOR THE CURE

Climbing themes vary, but often have a similar sounding ring to them. The theme makes it sound like the climber or climbing group is doing good things for the Earth, the mountain, Sagarmatha or women in general (As my son and his teenage friend said in high school when asked why they were running a 10k for breast cancer, “Dad we’d run any distance for breasts!”) when in reality they are simply trying to get well intentioned donors to contribute to what amounts to a continuation of their lifestyle; a lifestyle they themselves have not earned and cannot afford. What you are really donating to is the climber’s lifestyle expense account. It’s really a sham believed by well-intentioned people with money. Many of the climbing guides I’ve met have terminal Peter Pan. That’s why they are in the guiding business. You pay for them to travel to far off places to hold the hands of people that have no business being on a mountain. The mantra of this do-gooder-themed-climb usually is along the lines of picking up trash on the mountain or climbing for breast cancer, or teaching children, or helping foreign children learn about America, democracy and other well publicized problems that are in the public eye and garner much attention and worldwide sympathy. The bucks roll in and the climbers live a lifestyle they’ve not earned and therefore can’t afford without you getting, well… suckered in.

So today I’m coining the Tea Cup Syndrome.

WHAT ARE THE COMMON TRAITS OF THE TEA CUP SYNDROME

All of these adventure events have several things in common. Here is my list of some of the common traits; based on the adventures I've participated in and those I’ve read about; it's my opinion there are many illegitimate companies that advertise adventure travel and then there are those who don't deliver what they promise.

Lombardi's Indicia of the Adventure Donation Cause

1. The people benefiting are the source of the facts that prove (or disprove) the story that hooks in the donors or the adventurer.

2. They use a popular and an emotional cause to hook in donors emotionally.

3. The adventure lacks any clear objectives except we are doing something that costs a lot to do.

4. The underlying facts that support the stories are difficult to disprove or to prove for that matter.

5. The main beneficiaries are the adventurers themselves, the adventure guides and the adventure companies that are hired by the main proponent and guides.

6. The proponent ends up controlling your donated money.

7. The climbs are expensive; the permits cost a lot of money and the gear and financial support is difficult for a normal working person to afford.

8. The activity is supported by an Internet site with daily, hourly or other timely updates.

9. The activity has what appears to be some life threatening adventure to it. 

10. The updates build excitement and can be emotionally participated in back home.

11. The leader or main climber isn't contributing any significant money to the activity.

12. There is a sensational story that underpins the entire adventure.

13. There is a sensational story line to hook in the donor and raises the main character to some God-like stature in the eyes of the people likely to donate.

14. The donors aren't likely to be able to travel to the adventure location.

15.  There is no publicly accessible accounting of how the money is actually going to be used or how it was used.

16. There are very ambiguous, but lofty and vague assertions made about the goals of the events.

17. The goals are all BS because none of it can be quantified.

18. There are slight variations in the facts underlying the story that generated the initial interest.

19. The adventure takes place in a foreign country and in remote locations far from where the donor dollars are generated; a fact making it difficult to disprove.

20. The theme for giving makes the donor feel good.

21. Very few if any climbing guides or climbing companies criticize the lack of financial transparency and accountability.

22. Many of the well known climbing guides and orgs are all doing it, and they all fall into these indicia.

23. Therefore there is no open debate about how the money should be spent because the discretion of how donations are spent is a closely guarded secret and in only the hands of a few insiders. In fact they will tell you this isn't important and distracts from the "goals".

24. The event or adventure takes place under the watchful eye of a third-world government that itself is not accountable for how it spends the money from the public till of the foreign government and therefore could care less if fraud is occurring right under its nose so long as it gets  the fees.

25. The guides and their adventure organizations use air-tight releases for all those participating in the adventure or event. In other words the wording that sucks in the suckers is carefully crafted to avoid legal liability on the part of the main participants and those who should be held accountable.

26. The adventure and all that is made public is very ambiguously written to make sure no factual promises are ever publicly made.

27. There is no public accountability of the fund raising efforts, the progress of fund raising and the funds are not put into the control of a third party that is accountable to the public.

28. Communications are carefully controlled.

29. There is an air of mystery surrounding the adventure.

30. The leader takes on a God-like air of importance.

I remember the Run for Guns out of Boston that sought donations for the IRA in Northern Ireland. The T-shirts were nice and the event did raised money, but eventually the Irish in Boston had to ask itself was it the right thing to do? Picking up trash on Mt. Everest sounds like the right thing to do, but really, is it all bullshit? What trash can possibly be left on Mt. Everest that needs to be picked up? Do you really think trash can just lie there in a place where wind whips the ice face at over 100 mph? If it's used toilet paper, do you think they are really picking it up; think again. Do you think you can whip out your bare butt, use toilet paper and somehow a miracle occurs and the used t-paper just sits there waiting for someone to come along and pick it up? How naïve can people really be? They show you a few items of trash and bingo; in come the bucks.

http://www.youtube.com/watch?v=o3sXRX422Iw

What about those fund raising trips to pick up oxygen tanks? The oxygen tanks are too expensive to just leave lying around. The Sherpa's hauled them off and got the money on the resale back in Katmandu. I'm doubtful many Sherpas have a 401K plan. It’s my understanding the Russian made O2 tanks are the best. Think of those oxygen tanks as you would a very high deposit on a soda can. Why would a poor Sherpa walk down the mountain leaving behind what can add to their paycheck?

http://www.youtube.com/watch?v=s_ZuuL41TZ4

Let’s get back to the trash themed climb. There is a $4,000 Garbage and Human Waste Disposal deposit paid to the authorities who control access to the mountain. If you are issued a permit and pay the deposit you're expected to bring down a certain amount of human and solid waste or else you don't get your $4,000 deposit back. Described to me as “Shit Porters”, low level Sherpa’s carry the human waste down the mountain in blue plastic barrels where it's weighed and accounted for before the deposit is returned.

http://www.youtube.com/watch?v=kTRyqlj1rIQ&feature=fvwrel

While some of these themed climbs are legitimate many are a figment of someone’s imagination. These new age ideas that underscore themed climbs are simply made up to get your money to finance these modern day Peter Pan expeditions. What the hell, if Iowan's paid me to do a world Peter Pan-athon I'd quit work tomorrow and start working out 24/7/365 to run, bike, swim and try to climb the highest mountain in the world while traveling the world on someone else’s dime.

http://www.youtube.com/watch?v=HQJQapyHAQg

Climbing mountains doesn't develop character; it reveals the character within - or perhaps, the lack thereof.

Too many mountaineers today lack the right character and are simply seeking fame and fortune. Underpinning it all is that false sense of the loser being told he’s a winner; the same rotten apple that characterizes the Participation Trophy Syndrome. Winners will never accept a participation trophy; because winners want to win one. It’s only losers that will accept a participation trophy. Like any other profession there are those who will give the profession a black eye and climbing is no different. If you’re thinking of donating your hard-earned money consider the merits carefully and if you’re in the mountains climb high, sleep low and drink plenty of water. Onward we march...

Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

Updated: This is too funny. I had a link to an insurance company's YouTube ad and they actually took it down so I could not tag them with how deceptive it is. Can you believe it? Yeah that's what they do. They advertise when they need more money, lie to you the premium payer and then when we lawyers point it out they take down what they said to erase the lie. That's reality folks, that's the insurance industry. 

In other words the defense lawyer's job is to treat you in a way to take advantage of your ignorance of the law as well as your mistakes. Frankly because this isn't about fairness their job is to treat you unfairly. Ethically they can, do and must treat you unfairly as most people think about the idea of fairness.

Fairness dictates honestly and with openness and candor. But ethics require the lawyer to maintain confidences provided by the client. I as your lawyer have to be candid and open with my client and if you're my client I act ethically. But the insurance company's lawyer isn't your lawyer and you the injured person aren't his client. So candor isn't going to be happening between the two of you. That's not the hand of a friend reaching out to shake your hand; the handshake being a sign of friendship, but this one is not one from a friend. Never confuse friendliness with friendship. The two are not one and the same.

The defense attorney or the insurance company representatives are like the slithering snake that delivers the poison being slipped into the wine goblet from which the injured drink.  Now you understand the legal concept of "fairness".

High Power Electrical Line Maintenance Worker or their Instructor – On a magic carpet. Remember this because you'll need to know about the Faraday Cage later today.

I’d suggest Jeff carry workers’ compensation insurance and higher limits of auto coverages including uninsured and underinsured motorist coverage. Also consider a libel policy.

Taking this one step further this could be a money maker for students in college or at one of our state Universities. Give it some thought; you never know where it could lead.

Click here to e-mail Jeff.

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Accident on Highway 151 near Jordan's Grove Road | Eastern Iowa ...
By Jeff Raasch/SourceMedia Group News
Accident on Highway 151 near Jordan's Grove Road. Posted February 7, 2011 11:56 am by Jeff Raasch/SourceMedia Group News. image. One lane blocked. About Jeff Raasch/SourceMedia Group News. I'm referred to as a Mobile Journalist and some ...
Eastern Iowa News Now - http://easterniowanewsnow.com/

“All you need is ignorance and confidence and the success is sure.” Mark Twain

On November 30, 2010 I wrote Will Iowa Voters Next Bring Back the Witchcraft Act of 1542? Little did I know how out in front of this issue I was?

Bucharest, Romania - Romanians have changed labor laws to officially recognize witchcraft as a profession. Oh Sarah Palin would be so happy; finally she could have a real job.

TARROT CARDS – SPELL KITS – WANDS – JEWELRY – RITUAL TOOLS – CANDLES - INSENSE

Wanda, which witch were you watching Wednesday?

One teed-off witch is planning on casting a spell using black pepper and yeast to create discord in the government. Hell you don’t need black pepper and yeast, just have a “Vote No” judicial retention campaign like ours in Iowa. That would create plenty of discord and you can save the black pepper for a tasty steak or some pea soup.

Meanwhile, as voter attention is diverted from the economy, KCRG reports that almost a third of the Iowa Association of School Boards 38 employees earned more than $120,000-plus working for Iowa School Boards Group. Two received pay of more than $250,000.

Momma says, stupid is as stupid does. Forrest Gump.

http://www.youtube.com/watch?v=u7x4QwzLRaI

Iowa’s Economic Psychic Expansion Act

• Wiccan Supplier
• The Witch’s Corner – Wiccan Supplies – We have Soap and Chocolate Molds!
• Moon’s Light Magic – “we have over 9,000 different supplies…”
• New Age Wholesale – “Your #1 source for new age distributions and new age wholesalers…” Get your wiccan business kits; on sale now for only $29.95. We ship for free!
• Azure Green – Products fro a more Magical Life.

Katrina, my stepdaughter, a while back forwarded to me a YouTube link to the group Black Keys predicting they would become popular. That was long before they were the musical guest on Saturday Night Live. Having been in high school in the 60’s and 70’s their sound reminded me of the various garage bands that played in neighborhoods long before people would complain about kids being kids and we chased them out of neighborhoods and into crack houses. So I’m somewhat familiar with the sound of a promising young garage band. Today I thought we could post the list of what I consider to be the ultimate garage band must-play song list.

Stairway to Heaven, Led Zeppelin – NY 1973

Iron Butterfly – In A Gadda Da Vida

Steppenwolf – Born to be Wild (1969)

The Troggs – Wild Thing

Joe Cocker – Unchain My Heart and Cry Me A River from 1970

We can’t leave Janis out, Janis Joplin – Cry Baby from Toronto in 1970 and Piece of My Heart (1967)

Smoke On the Water with Deep Purple

Cream’s, Sunshine Of Your Love.

For a slow dance go to Carlo Santana’s Samba Pa’ Ti” or in a pinch go to Pink Floyd. Santana’s lonely wale of his guitar is about as close as you can get to being high but without the drugs.

Creedence Clearwater Revival – Bad Moon Rising and Born On the Bayou

Toss in some of Fortunate Son can work for you.

No garage band song set is complete without some Crosby, Stills, Nash & Young. From the 1970’s Déjà vu album.

And we’ll never forget Woodstock, which my mother refused to let me go.

To cut this short here is a compilation of classic 70’s rock hits.

It includes some of the above along with Fleetwood Mac, Lynyrd Skynyrd, Aerosmith, Queen, Joe C, The Boss, The Doors, Santana, Pink Floyd, Rolling Stones, Yes, Jethro Tull, MeatLoaf who was phat even back then, AC DC, Bachman Turner Overdrive were taking care of business, Bad Company doing what they did and couldn’t get enough of your love, (Who were the Talking Heads?), Black Sabbath that I saw live three times (I think) once at The Garden in Boston, Boston singing taking my time and a very young Eric Clapton with Derek and the Dominos.

You can cut this entire process short with the BEST 10 Classic Rock Songs Ever, but you’d be cheating yourself. These were the times when garage bands were being born and new high school freshman classes were giving birth to rock & roll.

• An IED is an improvised explosive device.
• A quadriplegic is a person with no motor skills or nerve function from the neck down.

In another story a 24-year-old marine on his way home to visit over the holidays was killed in an auto accident. The young man is Blake G. Hinds from Burlington, Iowa. See Iowa Marine dies en route home for holidays and Crash Kills Burlington Marine on Leave.

"It's not the snowmobiles that kill; it's the people driving them," said Cheryl Ziola.

Which brings us back to Old Man Winter being the ‘cause’ of accidents on Iowa’s slippery roads; granted slippery roads are treacherous but it’s the driver 99% of the time that did something wrong. They drive too fast, texting, on the cell phone, just not paying attention or being drunk. Pick your poison and you’ll find a cause. Now back to OMW. If OMW could be a cause of an accident then it would always be a cause when there is a snowmobile accident. But no one in their right mind believes that about snowmobile accidents. Because everyone knows snow is slippery and they go fast. Meaning, the drivers are on notice of the conditions likely to contribute to a loss of control. Well the same applies to cars and trucks and semis. So let’s leave OMW out of the causation discussion and get back to snowmobilers.

“Ziola said she believes anyone who buys a snowmobile should get more safety training.”

The International Snowmobile Manufacturers Association [ISMA] has a worldwide safety campaign. The ISMA created a list of do’s and don’ts. Here is the list. Keep in mind the best piece of advice is to travel with someone else so that when the SHTF you’ve got someone to save you or to call for help.

The most important snowmobile safety practices are:

* Maintain the snowmobile in top condition

* Wear appropriate gear including helmet and face shield or goggles; layers of clothing (water repellent); warm mitts or gloves; warm boots; windproof outer layer;

* Stay in control by knowing and staying within your own abilities and the abilities of the vehicle;

* Plan your route and tell someone else, including estimated time of arrival;

* Travel at a safe speed and be especially cautious at night -Avoid alcohol and drugs before and when driving;

* Ride with someone else  do not travel alone;

* Stay alert. Be aware of fatigue caused by the vibration and motion of the snowmobile and the sun and wind, all of which affect reaction time;

* Stay on marked trails;

* Make sure to cross streets and roads carefully, remembering to first stop before continuing at a right angle to the road - also always avoid crossing any bodies of water;

* Carry a safety kit containing a first aid kit, flashlight, matches, tool kit, and compass;

* If traveling in the mountains, be aware of avalanche dangers;

One Hurt in Snowmobile Accident
KIMT
The Iowa State Patrol says 31-year-old Cory Mutch of Charles City, IA was riding in a group of snowmobilers in the median of highway 218. ...
See all stories on this topic »

Even without all the facts what’s the likely cause of this death on the job?

Today's feature video is from Russia. I did like Russia, it's an interesting country and people although I would never want to live there. Listen as you read because today's post is another example of the more we rush the father behind we get.  As personal injury lawyers we continuously see the worse. So listening to beautiful music is one way to escape. Listen as you read; and I should mention, the name is Russian, and should be spelled VIAgra or Via Gra and it means a cappella.

Rear warning devices are a necessary piece of safety equipment and if the audible part of the backing up warning isn’t working then the truck shouldn’t leave the yard. In that case we had several violations of the OSHA rules and the industry standards. Not only didn’t the device work but the driver couldn’t see to the rear and rather than get a spotter or stop, look and listen he just went ahead and backed up at a high rate of speed. He was moving semi-trailers in a yard with a type of small truck cab made especially for that type of work. I can’t recall the name of the truck, but I’ll check later and update this writing.

Bottom line in this case is that OSHA and IOSH will investigate and my guess is they will center on rear backup warning devices, what the driver could or could not see and whether a spotter was required in finding a safe or unsafe workplace.

For addtional reading on accidents from backing up see these posts:

Truck Accident Prevention: Garbage truck backing over woman may be ...

Nov 17, 2008 ... If the driver is intending to back up and can't see behind they simply need to .... Labels: 29 CFR 1926.601, audible, backing up, device, ...
www.lombardilaw.com/.../truck-accident-prevention-garbage-truck-backing-over-woman-may-be-an-accident-but-it-is-preventa.cfm - Cached - Similar - 3 visits - 12/21/09

Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck (Ankeny ... www.lombardilaw.com/blog/ - Cached - Similar

Illinois Highway Construction Worker Backed Over | Lombardi Law Firm

Sep 18, 2009 ... He was run over by a dump truck backing up. The dump truck driver is 75 years old. This is a situation I've blogged on several times on The ...
www.lombardilaw.com/.../illinois-highway-construction-worker-backed-over.cfm - Cached

Intentional acts that cause injury are not covered by casualty ...

Apr 12, 2010 ... Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck ...
www.lombardilaw.com/.../intentional-acts-that-cause-injury-are-not-covered-by-casualty-insurance.cfm - Cached

Another reason why kids shouldn't play in the street. | Lombardi ...

Mar 1, 2010 ... Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck ...
www.lombardilaw.com/.../another-reason-why-kids-shouldnt-play-in-the-street.cfm - Cached

Pedestrian is killed and driver of Hummer is not charged.Why ...

Jun 3, 2010 ... Hummer owners can purchase back-up alarms and monitors for the H3. The official Hummer site describes the design as a truck. ...
www.lombardilaw.com/.../pedestrian-is-killed-and-driver-of-hummer-is-not-chargedwhy.cfm - Cached

Construction Accidents - Backing up and rear warning devices ...

Nov 17, 2008 ... At Lombardi Law we make it a point to blog about the issues that affect those who are effected by accidents. Call us for a FREE evaluation ...
www.lombardilaw.com/.../construction-accidents-backing-up-and-rear-warning-devices.cfm - Cached

Did texting while driving kill this Iowa teen? | Lombardi Law Firm

Jul 15, 2010 ... It's not clear whether the truck was backing up at the time of the ... Her car then burst into flames, came back onto I-380 and burned up. ...
www.lombardilaw.com/.../did-texting-while-driving-kill-this-iowa-teen.cfm - Cached

Pedestrian Collisions Causing Injury and Death | Lombardi Law Firm

Feb 22, 2009 ... Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck ... www.lombardilaw.com/.../pedestrian-collisions-causing-injury-and-death.cfm - Cached - Similar

Gay Non-News - Bob Vander Plaats continues to distract voters with his efforts to get attention by blaming the Iowa Supreme Court for God’s work in making people gay. Now he’s saying the Iowa Supreme Court should have sent the issue to the Iowa Legislature rather than decide the controversy before them. Bob, Bob, Bob this isn’t all that difficult an issue. The Iowa Legislature passes laws and the Courts decide controversy’s interpreting or applying those laws. It’s basic civics 101 from high school. You did go to high school didn’t you? Next he’ll be advocating gay counseling to un-gay them.  I’m beginning to wonder why Bob is so interested in this subject.

Spencer, Iowa – The debate between Agriculture Secretary, Bill Northey and his challenger Francis Thicke involved a lengthy discussion about the egg recall, how it has affected Iowa’s reputation and how to change state regulations to protect consumers.

Justifying Deadly Force - The Webster City police officer that shot after a traffic stop was cleared. The investigation found his use of deadly force was justified. The Officer is Scot Ely.

Adventure Travel - An Iowa climber from Sanborn, Iowa was rock climbing in the Grand Teton Mountains and was knocked off the mountain after a bolt of lightning struck close by. His harness must not have been properly secured. He fell 3,000 feet to his death. The climber was Brandon Oldenkamp, 21. There is no mention of whether there was a climbing instructor with him, what company organized the trip and who the other climbers are. I’ll write more on this later this week.

Campus Life - A Drake University student apparently fell from the balcony of his apartment in the middle of the night and died. He was from Zimbabwe. Indications of drinking are being reported. He was Cliffton Murove from Gweru, Zimbabwe. Reports indicate a night of heavy drinking. This is the second death within the week for Drake University students. Ryan Henderson was discovered in his car near campus, dead from unknown causes. A toxicology screen is being processed at the state lab. And six months ago we had Benjamin Backstrom dying from a gunshot wound near Norwalk, Iowa. His death was later ruled a suicide.

Highway Deaths - A man from Emerson must have fallen asleep at the wheel, crossed the center line and struck a semi-truck head on, killing him. He was 65 and the location was U.S. Highway 34 near Hastings.  An autopsy should show if he had a heart attack. Were medications involved?

The Bar Scene - A guy from Windsor Heights was charged with public intoxication after being a scuffle with the bouncers at Uncle Bucks, 1720 25^th Street, West Des Moines on September 4, 2010. What makes this bar fight of interest is the bouncers may have handcuffed him, and then did their work. The guy is reported to have said at least four bouncers hit and punched him after he was handcuffed. Can they even use handcuffs?  That’s hardly a fair fight. The report further indicates Uncle Buck’s has had the police called 51 times in 2010. Here are the facts from the Des Moines Register. My guess is we are not far from the night the City Council does a review of this bar’s liquor license. Maybe UB’s can bring the bouncers to that meeting to see if they can impress the council.

Police have been called to Uncle Buck's 51 times in 2010. Ten calls were for assaults, nine were for fights, five were for public intoxication, and three were for disputes. The other calls were for collection things, such as keys locked in vehicles and violations of no-contact orders.

For comparison, police have been called to another large bar in West Des Moines — Cabaret in the West Glen development — 34 times this year.

But Uncle Buck's holds 553 people compared with 353 at Cabaret, and West Des Moines Police Lt. Jeff Miller said the difference in police calls is not significant.

Investigative Work - West Des Moines, Iowa – It’s more than a little unusual for the parking lot at West Glen Target to have a murder suspect being arrested but that’s exactly what occurred. The events leading up to charges of murder started in Texas with a knife and ended with police tracking his cell phone usage and triangulating his location. They knew he was traveling north on I-80 and spotted his car, allegedly a stolen vehicle. Interesting police work to say the least. Law enforcement from Huntsville, Texas are on their way to Iowa to collect the suspect and take him back to Texas.

Dam the Taxpayer Dollars - Delhi, Iowa – At a cost of almost $6 million dollars private lake owners at Lake Delhi are asking the State of Iowa taxpayers for a $5.8 million handout to foot the bill for restoration of the Lake Delhi dam that broke. Should the taxpayers who enjoy no access to the lake pay for what is a private enjoyment? No way. If they do someone needs to sue the homeowner’s board and collect from the HOA liability policy for failure to maintain the structure. Why should taxpayers pay for purely private structures? It makes no sense.

Later this week I'm going to write more about the young man falling to his death in the Tetons. Until then know your rights, protect yourself and "let's be careful out there."