Do I have any legal recourse after an auto accident if I was not seriously injured?

Gladiators.jpgQuestion: Do I have any legal recourse in an auto accident if I was not injured? I am a truck driver involved in an accident in a company truck. The other driver admitted to being at fault along with two witnesses that stated it was his fault. He had minor injuries and was taken to the hospital. I had a stiff neck for a few days, but did not seek medical attention. I was laid off a week later. I had a clean driving record until this happened. Now I'm having a hard time getting driving jobs because of this accident. Do I have any legal recourse against the other driver from this accident?

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Is that airbag problem a manufacturing defect, evidence of a theft or just shoddy repair work?

Bridge.jpgQuestion: Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

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The Loss Prevention Department Assassin

Question: Is a store liable if my mother fell and broke her hip? My mother recently broke her hip at the grand opening of a supermarket when she was directed by an employee to an auxiliary exit that had a curb without any markings or paint on the ground. She is not looking for any more than her out of pocket co-pays and lost salary which would total about $1500-2000. She realizes she shares responsibility but is the store liable for not painting the curb?

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Trailer Comes Loose from Semi and Strike's Vehicle Head-on - Who is to blame?

Trailer Hitch Diagram.jpgHancock County, Iowa - I’ve been reading about these accidents and one guy has a blog dedicated to accidents where trailers become unhitched and crash into other cars, trucks or motorcycles. It’s been awhile since I’ve seen one in Iowa, right up until this week, that is. It happened on December 5, 2011 at around 5:58 a.m. on Highway 18 about 2 miles west of Garner. A 2000 Peterbuilt semitruck pulling a trailer (driver shown on police report as being from Garner, Iowa – 38 years old) was westbound on Highway 18 when as the officer describes it, “VEHICLE 1 (THE SEMI ) WAS WESTBOUND ON HWY 18 WHEN ITS TRAILER BECAME DETACHED FROM THE TRACTOR THE TRAILER THEN SLID ACROSS THE CENTER LINE AND STRUCK THE EASTBOUND VEHICLE 2 HEAD ON.”

The eastbound vehicle is a Ford Explorer being driven by a 56 year old man from Britt, Iowa. From the report it appears as though the opposing driver died in the crash.

So who is responsible? From a legal standpoint the driver of the semi (and the permissive owner of the semi) is legally responsible for securing the load, including the trailer.

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You Shouldn't Ignore the Value of Litigation

shooting-oneself-in-the-foot.jpgA recent article I read interested me from a professional standpoint towards workplace safety but I thought it missed a major point about litigation. This article of interest explores the dangers of being a farmer, but ignores the contribution of civil trial lawyers. With this I take exception.

The article written by Rick Ruggles of the World-Herald out of Omaha, explores the dangers, past and present, of farming in rural America. While the article points to engineering as making farming safer it fails to point out how lawyers have contributed to pressuring the re-engineering of farm equipment to make it safer.

Like it or not, lawsuits have done much to make farming a safer profession.

  The three examples that come to mind are unshielded PTO shafts, augers and tractors sold without rollover protection (ROPS). Those three pieces of farm machinery did more damage to limbs and took more lives than probably any other dangers in farming; one still does. Manufacturers packed the standard writing organizations with like-minded engineers who argued changes weren’t feasible. Farmers continued to die while lawyers poured their own funds into litigation suing manufacturers to force loftier engineering standards that ultimately resulted in safer farming equipment.

Of course farmers should hug us not hate us. 

So say you hate us all you want, but we ain’t going away and it has everything to do with life and limb compromised by unsafe products and services. And as personal injury lawyers we know better than to simply catalogue the progress without following the money; our money and what it’s done for farm safety. Turn us away from the courthouses and you shortchange yourself and increase the risks you face while farming. It's pretty simple and sometimes referred to as the Golden Rule. Do unto others as you would have them do unto you.

 

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Question: How is negligence determined in personal injury cases?

Domenico-Fetti_Archimedes_1620 Wiki.jpgQuestion: How is negligence determined in personal injury cases?  

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

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Personal Injury News on The Edict from Central Iowa - November 5, 2011

10.1.JPGThe dangers of Anhydrous work - In Pilot Mound, Iowa a Boone County farmer died a 74-year-old man, Richard Shaw died after exposure to anhydrous ammonia leaking from a faulty hose. It’s the nitrogen that makes good fertilizer but it can also cause skin, eye and lung damage when a person is exposed to it. As the Des Moines Register article points out accident prevention is about maintenance. If this man were an employee his widow would be entitled to workers’ compensation benefits, assuming the farmer bought the coverage. Buying workers’ compensation insurance can be an inexpensive way to ensure life, limb and medical care. Get a quote for your own and your spouse’s sake.

Grade School Bus Accident - In Janesville, Iowa an 11-year-old boy, Justin Bradfield got off the bus, dropped something and then ran in front of the bus, was struck and killed. The driver is not being charged, at least not yet, the article indicates the matter continues to be under investigation by the Iowa State Patrol. Questions about the driver’s focus and understanding of which way the boy would normally head home will be of interest. A photograph of young Justin can be seen by following this link. That article discusses the Kensett school bus death from May 10, 2011 involving Aaron Gunderson, 32 of Northwood. The article indicates vehicular homicide charges by operating a motor vehicle while intoxicated and then leaving the scene of an accident can be criminal sanctions for this type of accident. Drivers always have to keep a watchful eye on disembarking students.  Update: No charges are expected against the bus driver or the school. 

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The Cow Jumped Over The Moon

cow.jpgMy office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa.  The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.

We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.

These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.

Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it's not available. The Sheriff's offices are little or no help. 

Local knowledge washes away with the filing of a lawsuit. If there is no lawsuit every farmer will know who’s cows regularly get out onto the highway and who has lousy fences. File suit and it’s like you are on another planet. Everyone has amnesia. The locals go mute because they are for the most part deaf, dumb and half blind.

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ATV Accidents, Brain Damage, Broken Legs and Death

Keith Urband IaState Fair 1 crop nd bw.jpgWe’ve previously covered ATV accidents, ATV accidental death and ATV accidental injuries in Iowa. Follow this link to read articles on the Lombardi Law Firm website. You may also go to our site and do a search in the search box. Just enter the search term ‘ATV’ and it will list the articles.

Parents can do what they want (Like motorcycle riders saying they have a Constitutional right to ride without a helmet.) and allow their children to ride ATV’s without any supervision. As the parent that’s your choice but when your child is seriously injured or killed don’t come back to my office complaining because society isn’t picking up the tab or the ATV manufacture’s should have known and sold a safer adult toy. If you have a legitimate case I'm all ears, but when you're the owner of the ATV and it's your kid who isn't being supervised, I've got issues with your case. These are dangerous vehicles and everyone is on notice of just how dangerous they are in the hands of a kid. Don’t get me wrong, we represent injured kids and their parents when passengers are injured by inexperienced youthful drivers. We do and we do well in that regard, but I have little time for whining when it comes to the owners allowing their children to ride with passengers who are killed or seriously injured from horsing around on an ATV. If your child is riding you should be there watching and supervising. We all know what it’s like to be a child; after all we were all children.

Passenger or guest driver cases are a better case to handle.

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Another ATV Related Death in Sioux Center, Iowa

Evidence.jpgThis time it was a 12 year old boy from Sioux Center. The news report has the youngster losing control and striking a utility pole. On the ATV was a five year old passenger. This story brought to us by Radio-Iowa. Sioux Center boy dies in ATV accident, October 5, 2011.

For additional information about parent supervision, safe riding habits, safety training courses and wearing helmets read these articles.

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Sir, would you like a large fry with that lawsuit?

Mcdonalds.jpgThere are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers’ compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel. The matter was a trip-fall type of claim. We lawyers refer to them as premise liability cases. Premise liability is a difficult case to prove, you really need an artificial defect in the property to win these cases. By artificial defect I mean something created by the owner, the lessee or the business that increased the risk of injury.

A snowy or icy condition in Iowa during the month of January in the first minutes of a storm isn’t in and of itself going to get anyone excited about your case. On the other hand if the shop owner has allowed snow and ice to accumulate for a week without walking outside and shoveling it, that might get someone interested in your case.

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10 Most Common Causes of House Fires

Match Head lit.jpgI received an email from Allen Wright, who works with a home monitoring company advising they had created a post on  the ten most common causes of house fires. In line with my posts on mobile home fires it appears this one should be noted. Follow the link to read the entire article.

10 Most Common Causes of House Fires

1. Cooking

2. Kids playing with fire.

3. Smoking

4. Heating

5. Electrical

6. Candles

7. Fireplace

8. Dryers

9. Flammables in the home.

10. Christmas trees

Visit Home Alarm Monitoring to read the descriptions.

 

Honesty and fairness have nothing to do with insurance defense - HONEST!

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.

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What's a bird on a wire?

You could also ask what’s a faraday cage? This is really an interesting video.

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.

Premise Liability Claims - Pit Bulls, Attacks, Maulings and Killings

Girl_with_silver_birch_and_blue_eyes.jpgA few years ago it seemed whenever we filed dog bite cases we’d get contacted by local owners of vicious dogs along with the national and local dog owner’s associations, who would tell us we had it all wrong. They would then go on ad nauseam about how a 4-year-old had teased the dog and that the mauling of a toddler was somehow justified. As if the 4-year-old should have known better and that parents who allowed their children to play outside in their own yards, were somehow bad parents. Give me a break. I’d listen to them just for the pleasure of knowing how moronic my opponents were.  For several years I haven’t had to put up with this nonsense and it seemed like the number of attacks has been decreasing or at least these stories were out of the news. But this week it seems like the tide has finally come back ashore – there is even the ring tone Rottweiler dog attack. And in Hopkinton a 3-year-old girl has been killed by two Rottweilers. Why does anyone need a viscous dog?

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Why is an Unshielded PTO Shaft and a Woman Scorned a lot alike?

Gears for Industry jscreationzs  FreeDigitalPhotos.net.jpgThe question asked this week was, what is a PTO, a power take off shaft and what does it do?

A PTO is a power takeoff shaft commonly found on tractors and used to transfer power from the tractor to a piece of motor-less equipment. (See also universal joints.) Farm implements that standalone, like augers and other types of grain lifts need power to turn the gears and conveyor mechanism; to do that power is provided by a tractor’s power take off hookup. The shaft is a separate piece of equipment that hooks into the rear of the tractor and then into the implement, in this case the auger. The shaft turns, and like a drive shaft as it turns the power turns gears through couplers that power the implement and make it useful for work.

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Mobile Home Fire Safety

Several years ago I represented a young lady who with her boyfriend and babies had the unfortunate luck of not having enough wealth to be able to live anywhere other than a mobile home park. The mobile park landlord was your typical slumlord and ran a crappy park.  The door jamb had nails protruding to the exterior and during the time I had the pleasure of trying to improve her lot in life, a trailer two doors down burned till there was nothing left but a shell. I looked around at the trailer my client lived in and thought, "...my God it's just a matter of time." If you believe a house or mobile home fire isn’t likely to happen to you, then read the stories below the news lines below. I’m finding a lot of fire related stories lately and it's reminding of looking out the window that one very cold day. So today let’s review mobile home fire prevention and safety tips. And folks, "let's be careful out there."

Liberty Mutual has a Fire Smart page that has tips on how to protect your home and to protect your family in the even a fire does occur. The resources page has a room-by-room checklist that is interesting.

Download the Liberty Mutual Be Fire Smart Room-by-Room Fire Hazard Checklist

FEMA also has a section on manufacture homes and fire safety. It’s under the U.S. Fire Administration section of FEMA’s web site. They focus on living safely in a mobile home, planning an emergency escape route, smoke and carbon monoxide detection and alarms, fire sprinklers, electrical safety and then space heaters, fireplaces and woodstoves.

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This Philly Lawyer is all about defective trailers

Light House hunting-island.jpgThis lawyer's website info looks all about errant and defective trailers that cause personal injury. If you are in Iowa I’m happy to help but when in Philly this looks like a pretty good lawyer to interview as a possible candidate to be your lawyer. Here is his email to me. Good luck.

Posted On: January 14, 2011 by Jeffrey M. Reiff

The Minimal or Non-Regulation of the Trailer Industry and Trailer Towing Requires a Complete Overhaul in Pennsylvania and Many Other States

Seemingly, the trailer industry continues to manufacture products and couplers that are devoid of federal regulation and the regulation of many states including Pennsylvania. I have noticed on my blog repeatedly that for every trailer that is manufactured under a 3,000 pound threshold there are no minimum regulatory safety or manufacturing requirements. In fact, anyone can build one, anyone can drive one and anyone can take one home in ten minutes with very little or no training.

There is another gentleman by the name of Ron Melacon who has been a consumer crusader for many years and I urge you to go to his website at www.dangeroustrailers.org for more information on this pressing issue.

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Property Damage Questions - My cat died can I get a PET Scan?

Car Classic Corvette.jpgNo but you can get a CT Scan.

Oh come on I love that joke and yes to me it is funny.

One area many people have questions about are property damage claims. These claims arise from accidental, fires, commercial construction defects, storms including lightning, hail, water, floods, freezing, thawing and may include broken glass, stolen property and a host of other casualty risks. I’ve started a section on the law firm’s website for answering questions and providing links to various articles and news stories that discuss property damage.

I thought is was important to include this section on property damage claims and how to get paid after it's damaged or destroyed since most people would rather award damages for a press than pain and suffering. (Cough-cough Mike.)

This isn’t an area of the law most lawyers gravitate too naturally. That’s because most property damage claims are not significant from a monetary standpoint. Some are, like having a $3 million building burn to the ground due to negligent construction workers hired by a subcontractor. Some property damage claims are just a bent fender that leads to a loss of use and diminished sale value at a much later date. Assuming the car isn’t totaled the loss of value for an expensive car, SUV, truck or a motorcycle can be significant and can’t be ignored by the owner.

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No heart, no soul and no damn conscience

musical.jpgI'd had one of those days; you probably can't understand because I've been doing this long enough that like Oreo I've had just about enough some days. Not with my clients mind you, but with the insurance adjusters who could care less about people and more about some stupid inane corporate policy, that  they get a bonus to blindly apply.

Thirty long years and you begin to despise these people who work in claim's departments in the insurance industry. They are vermon, dispicable morons  without a soul, a heart, a conscience or a heart.

Okay but I'm getting away from my main point which is that on this day I felt compelled to write this letter to the morons in California at Workmens. I've redacted the actual names but the rest is pretty much what I wrote.

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Tattoo Welcomes Congressman Kucinich to Tort Reform's Fantasy Island

Washington Street Meets Mr. Tort Reform

Okay about a week ago I wrote about how Wall Street was making the acquaintance of Mr. Tort Reform who likes living on Main Street, but who seldom shakes the hand of those marauding the halls on Wall Street. Well this week we had two very interesting stories about Mr. and Mrs. Tort Reform popping up again. First we have President Obama playing up to Wall Street and mentioning reform in the area of medical malpractice (this means letting those who can best afford to pay for their professional mistakes be free from taking financial responsibility for the misery they cause to patients) and then Congressman Kucinich- broke a tooth in the cafeteria and is suing the federal government or its vendor for $100,000.

I could think of only one worse decision by someone in the public’s eye.

Congressman Kucinich to his staff after news broke of his errant filing:

Quickly where's da plane! Da plane!

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Son, don't lose that day job.

Match Head lit.jpgWhat is the average settlement for auto accidents with moderate injuries in Iowa?

This is the question I’m asked on another blog site. … The one lawyer that answered before me was put-off by the man’s attempt to get free legal advice and his answer reflected his contempt for the attempt. My answer wasn’t as curt, but still the other lawyer has a point. That said I can do better. Here is how I answered the question.

An average settlement for a moderate injury is usually a moderate settlement. You can see I'm being intentionally and professionally vague. I don't know what you do for a living, but if you were a farmer and I asked how long it would take an average farmer with an average tractor to plow an average field the farmer would look at me and say, "Son, don't lose that day job."

The bottom line is without knowing the injury, the circumstances, the degree of fault likely to be assigned to each party, the mechanism of injury, the medical condition, the medical bills, the wage loss, if there is any expected reduced earning capacity, what the medical records say about the level of pain suffered and likely to be suffered in the future no one can answer your question. Anyone can settle a $10,000 case for $1,000. Even a non-lawyer can. In my experience even with paying a contingent fee, 99% of the time you get more with a lawyer than without.

Does that answer your question? If not then son don't lose that day job.

How will your State's budget deficit affect road maintenance?

 

snowy country lane.jpgHere is a news item from Cloquet, Minnesota that I found of interest. It involves an I-35 overpass accident that appears due in part to poor snow  maintenance. The way the accident happened should be a concern to state highway department snow clearing crews and the public in general. Snow that accumulated on an overpass appears to have created a ramp of sorts, that allowed a skidding car to be ramped up and over the side rail and onto the interstate highway below. The smashed up car created a bit of a conundrum for the police. When they arrived, the police found the car upside down with the roof crushed and pointing in the wrong direction on I-35. There were no skid marks and no other cars involved. The officer needed to walk up the incline to the overpass before he could figure out how the car got in the north bound lane.

Woman whose car fell off Cloquet bridge 'lucky to have survived'
Duluth News Tribune - The car landed where northbound I-35 and Minnesota Highway 33 merge. “The best we could tell is that it landed on its roof,” Vereecken said. ... See all stories on this topic »

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The Fountain Lady Reports Prove that Misery Loves Company

Penguins.jpgMaking fun of the Fountain Lady shows just how miserable and desperate America has become.

My mother has a saying, misery loves company and it applies to all those enjoying the misfortune of the fountain lady.

What is a red herring? - A red herring is a misleading clue something to distract or to divert attention or mislead. A female red herring will dart in front of it's enemy to distract the bigger fish from eating it's young. It is a deliberate attempt to divert attention by being led astray.

Misery Loves Company

Before we begin I'm going to let you laugh one last time at the Fountain Lady and the fact she almost broke her neck. For the life of me I fail to see why this is funny in the least bit? Are most of us that miserable with the life we lead?

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Unusual "Personal Injury" Accident Fact Patterns

Dog Paws.JPGShoeless Joe - A teenager who had an argument with his family walked away from his home in Gowrie, Webster County sans his shoes. Rescue workers from 13 different agencies searched in below zero wind chill for the teenager. That was at 11:00 pm Saturday night. At 8:00 a.m. Sunday the 14-year-old was found in his home. He apparently snuck in the back door and is reported to have been discovered hiding under a pile of coats and blankets.

Lancaster, PA - Is a manure pit an attractive nuisance? A 4-year-old boy drowned after falling into a partially frozen manure pit on the family farm. The manure pit is described as 8-feet deep surrounded by a chain link fence and the pit is 42 feet in diameter.

Pink Pajamas – Inmates in Maricopa County detention center are provided pink thermal long johns and extra blankets. Anyone that gets cold in Arizona is probably a genetic weak link; join us in Iowa and then talk about cold.

Give me the TV Remote you Moron! - Meanwhile in Nevada, Iowa Story County inmates were involved in a fistfight over which television show to watch. The one guy is being charged with assault. I wonder if the fight was really over the color of their pajamas or jump suits. By-the-way it’s Nevada (sounds like potato) not Nevada (sounds like tomata).

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Ice falls off of semi-truck trailer; smashes car windshield; passenger injured - SSDD

Frozen World.jpgA few years ago I heard about this kind of an accident, but have no knowledge of such it occurring in Iowa; till now. In the December 31, 2010 Des Moines Register tells a story of it ice falling from the top of a semi-trailer on Interstate 80 and a female passenger being injured. This one occurred in Colfax, Iowa on Interstate 80, Jasper County. The people in the car are from Pekin, Illinois. Apparently a thick sheet of ice came off the truck’s trailer, slid down into the windshield of the oncoming car and struck Linda Mickley seated in the front passenger seat. She was taken to the Iowa Methodist Medical Center in Des Moines. There is no indication as to the exact details.

Take a look at the photograph of this guy’s windshield and his facial injuries from a previous incident. The story from Chicago-land is similar. Oh my! Here is a quote from the WGN Chicago Tribune news story.

No laws in Illinois require motorists to clean snow or ice off their trucks or cars. But Debbie Morano said trucking companies should enact new rules that require drivers to clean the tops of their trucks before hitting the roads.

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Where do I get free smoke detectors?

Smoke Blue Stream of Smoke.jpgYes you read that right; you can get up to two free smoke detectors installed by the Iowa Fire Marshall’s office in a residence in Iowa. That’s a pretty sweet deal. How can you go wrong? You can’t so get off your fanny and contact them. The only requirement is that a child younger than junior high live there.

WHY IS A WORKING SMOKE DETECTOR VITALLY IMPORTANT TO YOUR FAMILY'S SAFETY?

There is always a delay from the time the fire starts until the fire fighters arrive. Obviously the quicker your family receives a warning the sooner they can get safely out of the burning house. That means you need some system in place for an early warning. The significance of operable smoke detectors should be clear. Yes? No? If no, then go back and reread what I just wrote.

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Trailer Park and Mobile Home Fires

trailer-park-taj-mahal.jpgI read the story about the Fayette County, Iowa mobile home fire that killed two children and an adult this past Saturday, January 01, 2011. The Des Moines Register news story gives few details about causes or ownership so from that story I can draw no firm conclusions. [ 3 dead in N.E. Iowa fire, Des Moines Register, January 1, 2011.] The story did remind me of a case I took on a few years ago and I think it’s worth revisiting. People renting mobile homes should know their rights.

Here is how the case arose. The parents of an infant called my office for advice on what to do about the lack of heat in the mobile home they'd rented from a local slumlord. I decided a home visit was in order and took with me a law student who wanted to know what it’s like to represent real people with real problems.

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Fire Fighter Safety

Match Head lit.jpgThis is a story with what could turn out to be an interesting legal angle; in Toledo, Iowa one person was killed after crashing into a farmer’s gas tank at the end of a dead-end road. Holy mackerel what the heck happened there? Who puts a gas tank at the end of a dead-end road? Or is the story inaccurate?

Fires seem to be in the news. There is the one in Keota, Iowa downtown that burned several buildings and has been ruled arson. Is this the new Urban Renewal in action? The fire chief is reported to have stated it was intentionally set.

And in Manchester, Iowa a lumber products store caught fire and burned causing $1.7 million in damages on Saturday.

Apparently in Blockton, Iowa a mobile home caught fire. see Officals identify man who died in fire near Blockton.

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Do Early Model Toyota's have a steering problem?

Steering Wheel Old Car.jpgHickory County, Missouri – I ran across this little noticed news story about an accident in Missouri where one Iowa resident was killed and another person injured. The person that died was only 45-years-old, the driver 49. According to the report the driver said the steering on his car failed, causing him to lose control. The car went off the pavement, into a tree and then turned over. The passenger was the person that died. She was Judy Shaw and she was wearing her seat belt. On this blog I don’t normally mention names, but in this instance I will hoping to catch the attention of her friends and relatives, because there is a reason having to do with a potential claim and how they must preserve the car in order to be able to have the case evaluated. Preservation of evidence is something I've written about previously. So listen, please.

The point goes back to systematic destruction of evidence and what you need to do to protect your legal interests. Face it, your insurance company isn't really your good neighbor and you're not in good hands with most. And I don't care how many awards JD Power & Associates handed you because when it comes down to the insured's legal interests you all get an "F". The insurance industry sees nothing to be gained by helping you with a potential personal injury or death claim. So... if the car is defective it's up to you to preserve it. Read the post titled Systematic Destruction of Evidence from November 24, 2010.

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Another Preservation of Evidence Case, this one about tires

winter_road.jpgThe headline reads “Two injured in I-470 crash” and the story is about a semi-truck and car crash in Kansas. The Kansas Highway Patrol investigated this two-vehicle accident caused by a rear tire on a 1988 Mercury Grand Marquis blowing out and causing the driver to lose control. Believe it or not, this one may actually be a case based on a failure to do maintenance on the car. We all have a duty to properly maintain our cars and trucks and to not drive an unsafe car on the highway. In this instance the injured passengers and those people in the other truck need to preserve the tires for evidence. Photographing the tires to show the wear and tear along with the tread depth on each is not just important, but necessary evidence. My guess is they are mismatched and the tread is pretty worn. That’s evidence that needs to be preserved. So this seemingly small case presents us with a lesson in evidentiary preservation.

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Black Friday Turns Dark and Ugly with Herd Mentality

I was reading Mike Bryant’s blog and saw that he’d referred to a Target Store in Buffalo, New York where apparently once again there was a crowd control problem. Watch this video clip of the store opening at 4:00 a.m. on Black Friday.

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PI Stories from Around Iowa

Evidence.jpgThe family of a fifth grader was awarded $67,000 in restitution from a former Iowa City guidance counselor who is reported to have been convicted of sexual abuse of the boy. See

The cause of 24 of 30 roof rafters collapsing is said to have been by wind forces. The roof itself collapsed under heavy snow nine months ago. I have to wonder who the design engineering firm is and whether they were disciplined by the state licensing board. Doctors and lawyers disciplinary reports are made public; engineering reports should likewise be made public.

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Systematic Destruction of Evidence

Evidence.jpgIn this post I want to point out the systematic destruction of evidence by insurance companies.

At the bottom of this point I’ve reported on a car accident, a single-car-collision in Iowa that took place in Buchanan County. That accident demonstrates a point I see time and time again in the practice of law. The law doesn’t forbid it, but it should or people should be smarter about when they hire an attorney and why they need to hire one. Let’s first look at the key piece of evidence in this accident. It’s a blown tire case.

In this blown tire case there are four passengers in the car that ended up being injured. Each passenger is hurt, some probably very badly. The four leave the accident by ambulance and are taken to an area hospital. Now I do get telephone calls from time-to-time asking about these types of cases. The reasons vary but normally they aren’t for the reasons most people think. They aren’t out to get rich; far from it. Iowans are a reasonable group of people for the most part. There are exceptions, but overall they normally aren't out looking for a free ride. No, the typical call is them trying to find a way to pay medical bills; medical insurance coverage is in this country a national debate for a reason. It's just too expensive, but I'll leave that for another day's blog.

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OSHA Goes Postal on the US Bulk Mail Centers

Evidence.jpgSince 2004 the American Postal Workers Union has been complaining to the PTB that while wind and hail don't stop the mail, electrical shock can. (PTB = Powers that be.) Their complaints  about electrical hazards were falling on deaf ears so OSHA got involved about the bulk mail centers. These BMC's are no small operation. There are 350 bulk mail centers in the lower 48. And the size of each can be enormous.

“The first fine, $97,500, came in January against a postal plant in Des Moines, Iowa. The largest fine was $558,000 against a plant in Providence, R.I.

A Dayton plant was fined $225,000 in August, and a Cincinnati plant was fined $210,000 in September.”

These bulk mail centers are huge and I mean H-U-G-E. The center in Columbus is described as the size of 18 football fields where mail for 49 counties is handled.

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What does Lake Delhi, Iowa and Buffalo Creek, WV have in common?

Both towns suffered a catastrophic disaster when a dam broke. Buffalo Creek was far worse than Lake Delhi.

Todd Miler the lawyer I share office space with pointed out to me the Buffalo Creek disaster as we discussed the Lake Delhi dam failure. He studied it while at the University of Northern Iowa while completing his undergraduate work.

The Buffalo Creek Flood was a disaster that occurred on February 26, 1972, when the Pittston Coal Company's coal slurry impoundment dam #3, located on a hillside in Logan County, West Virginia, burst four days after having been declared 'satisfactory' by a federal mine inspector.

Disastrous Dam Failures Due in Part to Lack of Maintenance or Poor Construction

Buffalo Creek Dam Break.gif 1-33.gif

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Wright County, Iowa Egg Timeline from the Food Poison Journal

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 Marler-Clark published a timeline for the Wright County Egg's Tale of Woe: a timeline. It lays out the entire sequence of events leading up the egg recall for millions of eggs.

For those interested in food poisoning and in particular this egg controversy, see the Food Poison Journal.

I'm not sure to feel bad for the industry or wonder if they have all this negative attention coming to them. In other words did this company bring this on itself? This negative publicity has to be costing them an enormous amount of money.

Going green just got less greener.

Those new hybrid cars are proving to be just a little too "green" and not so environmentally friendly. They are too quiet. So quiet are they that pedestrians don’t hear them coming. So quiet that automakers expecting pedestrian complaints, if not broken bones, are  offering an under-hood speaker system that emits a whirring sound, similar to that of a running gasoline engine. On sale in Japan later this month for $148 plus the cost of installation Toyota has yet to decide on if and when they will sell them in the United States. All of this simply means that when crossing the street pedestrians need to have their heads on a continuously moving swivel.

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It's Monday Morning PI Roundup in Iowa

This morning is Monday Morning Roundup of the personal injury news from around the State of Iowa. Let us see how Iowans are getting seriously injured or killed.

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.

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Is Hydraulic Fracting for Natural Gas the Next Big Class Action?

Fracting for natural gas is a process of drilling for energy to extract natural gas from the earth. Here is a pretty good explanation of the process.

Fracting is the process of pumping millions of gallons of water or chemicals into the ground to help extract natural gas from the earth.  The pressure causes the ground to fracture, releasing natural gases.

The Congress has exempted fracting from being regulated by the EPA. As a result it's up to individual States to monitor and to regulate. New York has the Marcellus Shale. Like New York this kind of geologic formation can be found across the United States. The process is important to America's energy independence, but isn't without controversy. Today's post is about such a controversy. In West Virginia a crew dug a water-well in someone's back yard. They could smell natural gas and now they can light the tap water on fire. Watch the video.  The same thing occurred in Candor, New York above the Marcellus Shale. This of course makes one wonder if fracting for natural gas will lead to liability over damages caused by explosions or poisoning of the residents. This man in the video has had the problem for three years and no one has investigated. Why?

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Iowa personal injury from around the State of Iowa

smile_1.jpgToday is one of those very busy days in the practice of law and nothing is really catching my attention to write about. It looks like a good day for a compilation of personal injury news. Let us see the various ways people are becoming injured or killed from accidents and other mishaps around the State of Iowa. Every so often on The Iowa Edict we will provide a mini compendium of current Iowa personal injury and property damage news of recent events. The idea is to provide a shorter version of available stories to personal injury lawyers, adjusters, those engaged in a law suit involving personal injury or workers’ compensation or those folks just plain interested in PI News. Or in some instances stuff we find curiously interesting. This is one of those days.  

A two-car collision in Iowa City at the corner of Melrose Avenue and Mormon Trek Boulevard caused one of the vehicles to strike a pedestrian Iowa City flag worker doing maintenance work. This is one of those examples of a work related accident also creating a third-party lawsuit which the workers’ compensation carrier will encourage. Under Iowa law the work comp carrier seeks to recover what it pays in workers’ compensation benefits from the driver’s insurance company that ran the red light.  This case could be categorized as a workers’ compensation case, a car accident or a pedestrian case.

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Another Dam Break in Iowa Likely in Floyd County

Water is undercutting the concrete dam and a “possible” failure was announced by, well we don’t know who officially is announcing it. The story sites a meteorologist with the announcement. Last I checked meteorologists from news channels aren’t government officials. The dam is in Floyd County, Iowa that dams the Shell Rock River in northern Iowa.

This story carries some pretty nice photographs around Iowa of the flooding. 500 images of flooding in Iowa have been uploaded.

See Iowa Flood News Compendium

What's behind the fireworks over the 4th of July spectator suit filed in Jackson County, Iowa?

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There was a horse stampede at a parade in Jackson County over the 4th of July. The stampeding horse injured many people who were present just to watch the parade and enjoy the holiday. On August 11, 2010 the first of what will be several lawsuits was filed at the Jackson County Courthouse. The online story is bringing a barrage of comments under the KCCI news story. Today I wonder aloud if those making comments are for unstated reasons, being disingenuous. Could the purpose of those comments be to poison the jury pool; or, have cruel, insensitive, rude and otherwise uneducated comments on the Internet become the standard for unhappy people who can type on a computer?

The comment section under the KCCI story is interesting, but not because there is any substance to the discussion or anything of value being discussed. There is not much about the issues and too much about what is unimportant. Why I find them of interest is because those commenting lack a basic understanding of our American system of civil justice, or how justice and business intersect with the insurance industry and how recovery of costs associated with insurance subrogation maintain a lower insurance premium that I'm sure most of those commenting pay. People you need to get either an education or a life.

Aug. 19, 2010 7:03am CST
 
Steven Mack and his dingbat wife or you could say Stacey Mack and her dingbat husband should be taken out and horse whipped. It's people like that which make me sick. Course if dingbat # 2 had a name like Steve instead of Steven he would know what he is doing is wrong.

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Forget Dams Bursting, Are Collapsing Bridges Next?

02_2.jpgThere seems to be a tidal wave of legal questions swirling in the murky waters of Iowa lately. The more rain we get the wetter are basements and legal briefs. The wetter that basements get, the more that claims will be made to insurance companies. The more claim files grow, the more important it is for the insurance industry to protect the float through delay and subrogation. 

In every insurance cubical you can read two wall hangings that remind the troops of their mission:

Delay and subrogate!

From the bursting dam at Lake Delhi, to a failed levy to our west and flood waters rushing over the banks of too many of Iowa's rivers, the Courts can expect and onslaught of water-related property damage cases. 

When it comes to Lake Delhi the homeowners talking to claim adjusters those homeowners might as well be living in New Delhi, India. After talking to your insurance agent and adjuster you'll think the people on the other end of the phone call were in one of Dell Computer's customer "dis"-service call center in Mumbai, India. You'll be sctaching your head and thinking the Tower of Babel might be easier to figure out.

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Did the condo board just toss you a live grenade?

35_2.jpgWhat's wrong with this picture? Your daughter says she just bought a car from the local used car dealer; she's already signed the papers, but never drove it and never even thought of looking under the hood to see what the engine looks like. She tells you she spent $10,000 buying it. What do you say to her when she asks you if it is a good deal?

Well, being a father I can imagine what you're thinking. Hang in there with me for a moment because this is really about you. As a lawyer let me ask you a question: How is her buying that car any different than the what most of us do when buying a condominium or a townhouse?

The "normal" way people buy a condo or townhouse.

The real estate agent shows you a condo or a townhouse and tells you all about what a good deal it is. They provide the bare bones disclosures required by law and you make an offer to purchase, negotiate and then buy it. You did all of that without knowing anything about the financial well-being of the homeowners' association. (HOA) All the while you want to trust the integrity of the realtor. You paid for professional services, which you assumed meant the realtor was there to protect you; but were you protected?

Did the realtor protect the buyer or the seller? Who protected you the buyer?

Let me be of some assistance with your next purchase, because there is big trouble coming for many HOA boards and chances are it will be dropped right on your doorstep. There is a lot of flooding going on in Iowa and it provides a good opportunity to explain to you a defect in the way you buy real estate.

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Where is your good neighbor now?

146_1.jpgDon’t you hate lawyers? After all aren’t the lawyers responsible for all those frivolous lawsuits? Here sing with me. Rain, rain, go away come again another day. Many Iowans with some form of water damage are mad and will probably be madder after they speak with their good neighbor or the guy who they are supposed to be in good hands with; your homeowner’s insurance company. They will call the lawyer right after the homeowner finds out that their good neighbor isn't so good or that they aren't really in a pair of good hands.

For 8 years I tolerated listening and reading about tort reform and today I’m here to remind you why it made no sense then and won’t to you today. Eight years is a long time to listen to it because lawyers know what happens when you file claims under your insurance policy. We knew sooner or later you would have to call the lawyer.

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Balloons explode causing physical burns, but what about PTSD?

_GUF6008-Modifier.jpgAt the University of Iowa a staff person was injured when eight balloons exploded during transport.  The worker filled what is reported as eight balloons with either hydrogen or a mixture of hydrogen/oxygen, placed them inside a Ford Explorer and the explosion occurred when he opened a side door.  The worker is reported to be Dale Stille who was transporting the balloons as part of an educational science program with Hawk-Eyes on Science.

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Stop trying to talk like a TV lawyer!

OneL_med.jpgToday in the email bag was a question and although it’s a bit before 7:00 a.m. as I’m trying to understand what the person is asking me I have to wonder if I’m 30-years younger and going through the experience of once again being a 1-L. A 1-L is how we refer to first year law students. Scott Turow made a similar term popular in his book by that same name. Here is the question. Read it and see how far you can get before scratching you head and wondering, “What is he asking me?”

If a company providing services, in which those services are paid for and terms of service are placed in which the paying parties have signed an agreement to and said company does not deal with violators whom breech these terms of service where everyone is expected to adhere to in a timely fashion. Is said company in breach of contract due to negligence of protecting those very people who agreed to said company's contract?

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Listen... Here that? "Ka-Ching" What is it?

smile_1.jpgThat's the sound of your $$ in the insurance adjuster's pocket. To the insurance industry it's called promoting the float. The float is the money they keep while you wait. It's insurance wealth that belongs to you, but insurance uses it during the delay that they create. Ka-chingggggggggggg!!! Thanks!

Insurance Lullaby: Ka-ching, ka-ching, ka-ching! Insurance Executives: Thank you juries! We fooled you again. Remember we're not to blame, it's those trial lawyers! The ones trying to help you! Oops sorry I wasn't supposed to remind you. We're your good neighbor; you know the one's you're in good hands with! Smile! Bigger ka-ching!

Sorry, when it comes to the insurance industry I love being sarcastic. A lady wrote asking me if the insurance adjuster can unilaterally assign her 50% fault for the accident even though she was not ticketed and the other driver received a citation for failing to yield the right-of-way.  The adjuster believes a driver is automatically at fault, no matter what, and he deducts 50% from the property damage. My advice is pretty straightforward and simple. He's trying to delay paying you. Can you say ka-ching?

Today let's talk about the American styled insurance that protects the float by promoting delay. When you're in an accident you need to know how to protect your claim. Because if you don't protect your claim by keeping the facts straight, you allow the adjuster to promote the float through their delaying a fair resolution. You may be honest, but don't be dumb and allow the adjuster to maladjust your case.

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Is it un-American to compare exotic dancing and the demolition derby?

adult-entertainment-bar_~u23290967.jpgFor my east coast friends who remain geographically challenged Missouri is a state, a part of the United States and just south, that’s down, of Iowa. Missouri is the “Show Me State” which once again Iowans are stuck showing them the errors of their ways. Missouri’s elected officials are picking on exotic dancers a-g-a-i-n. If Missourians are going to pick on exotic dancers then we may as well debate the merits of that age old tradition, the demolition derby.  Boiled down to its essence, assuming there is an essence, the demolition derby is a contest that seeks to find several people dumb enough for a small cash prize, to climb into a car or truck and ram other contestants until you’re the last fool moving. Sounds a little like some marriages, but let’s leave that comparison for another day. In the derby the cash prize comes from a promoter who sells beer, pretzels, popcorn, hotdogs and maybe a t-shirt or two. Exotic dancers on the other hand are usually young woman dancing on a stage or in someone’s lap for tip money. The promoter is a bar owner who charges an entry fee and gets paid handsomely for selling inebriated patrons watered down drinks containing a small portion of alcohol.  They aren’t selling t-shirts; in fact clothing is optional, well … at least it is for the dancers.  

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When it comes to nature is it still true that Mother Knows Best

Have you ever seen a lake empty in a matter of minutes? Remember this isn't some third world country, this is America. Sorry but the news story link feature wouldn't allow a direct posting so follow the link.

http://www.desmoinesregister.com/article/20100726/NEWS/100726001/1001/

7/24/10 - The dam fails in Delhi, Ia. on Saturday July 24, 2010, sending damaging flood water down the Maquoketa River.

http://link.brightcove.com/services/player/bcpid36249172001?bclid=0&bctid=241739799001

I have to wonder where were the whistleblowers before the dam broke?

Teenagers' Train Hopping Leads to Criminal Trespass Charges

I never met a man or a woman who spoke poorly of Mark Twain’s novels. Be it The Adventures of Tom Sawyer or Huckleberry Finn the American style adventures are seeded in the grey matter of most every American boy.  Huck Finn and Tom are young boys with imagination and a thirst for adventure. Real or made up boys will be boys and boys like adventure. I looked forward to reading Boy's Life magazine and looked forward to the adventure or hero stories. Huck and Tom are twelve years old when they spend time conjuring up images of skipping school, riding a raft down the Missouri River and jumping on a train to ride the rail with the hobos. Here in Des Moines is a news story with a couple of boys who tried to live a part of Tom's train adventure. In reality for the 11-year-old boys in this story from Des Moines’ east side, it wasn't as much fun as it was in a Sam Clemens' story.

Three young boys tried like hobo’s, thought it might be fun to hop a train in Des Moines’ east side.  Unfortunately for them they learned a very costly, but a valuable lesson. That lesson is that trains are unforgiving.

Boy’s Foot Run Over By Train, KCCI by Tyler Kingkade.

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Who in Iowa goes to a parade to be stampeded by horses?

The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.

Related media coverage:

They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?

Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.

Think this is the first time horses have stampeded the crowd at a parade?

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