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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Wrong-way Interstate Accident Reports to December 20, 2011

Arctic Iceberg.jpgHere are another 12 wrong-way interstate highway driver accidents in the news. This group includes wrong-way driving events from the following states: Connecticut (intoxicated driver); Alabama (driver being sought); Texas (intoxication manslaughter); Montana (driver reportedly charged with six misdemeanors including driving under the influence and drug possession.); another Montana wrong-way on I-90 (appears to be a mental health issue); Wisconsin (erratic driving with cause unknown driver died), South Carolina (I-26, DUI arrest); Texas (Sam Houston Parkway, driver died, cause not stated); Montana on Highway 40 (driver died cause unknown); Forth Worth, Texas on I-35 and arrested for suspicion of intoxication manslaughter and endangerment of a child; Lake Mills, Wisconsin on I-94; Houston, Texas on Highway 290, raw video still working; and Montville, Connecticut (charges related to drunken driving).

"Let's take away their right to buy booze. Taking away the driver's license isn't enough."

Wrong-way driver charged with DUI
Norwich Bulletin
4, 2010, Ellen H. Noordzy, 22, was reportedly driving the wrong way on the southbound side of I-95, in the area of exit 93, when state police said she struck a southbound car head-on. The two occupants of the car Noordzy hit, Bruce A. Wall, 22, ...

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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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What are risks today, that will kill workers while on the job tomorrow?

augers.JPGTo answer that question let’s look at some of the recent accidental deaths while on the job.

  • In the first case out of Salt Lake City a worker identified as Kelton Lee (55) a construction worker who was lifting a heavy piece of pipe when his legs gave out and the pipe struck him in the head. Although he regained consciousness he later died of the head injuries. Read more here from the Vernal Express.
  • Next we go to South Dakota where an article discusses the number of deaths in that state. It’s interesting that all workers killed in South Dakota last year were men; men must be taking more jobs with higher risk of injury. Here is a quote from that article. “All but one of those killed in South Dakota last year were men. The Labor Statistics bureau groups farming with forestry, fishing and hunting, and that sector had the highest number of worker deaths, 14. The construction industry followed with seven.
  • Every year since 2003, driving associated with work has been as dangerous as or more dangerous than fatal accidents involving equipment or objects and falls. Among fatalities last year, 16 were caused by transportation accidents, including nine highway deaths and seven nonhighway accidents.
  • Ten deaths occurred in accidents involving objects and equipment and five were caused by falls.
  • South Dakota closely tracks a national trend regarding transportation fatalities. Nationwide, 21 percent of the 4,547 people killed on the job last year died in highway accidents. The nine highway deaths in South Dakota represents 25 percent of the total work-related deaths.
  • Nationwide last year, 11 percent of those killed at work were murdered. South Dakota had no such cases.”
  • You can read that article from the Argus Leader here

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Child School Bus Driver's Under Scrutiny

Bus School Bus Drivers.jpgA recent school bus accident that killed an 11-year-old boy and another accident striking an 84-year-old pedestrian have school officials evaluating their fleet drivers. No driver can have a squeaky clean driving record, but there shouldn’t be anything that makes one conclude their driving, based on past issues, would endanger the children or other pedestrians.  While I think the effort is a good one, I don’t think the article sheds light on what convictions should keep a person from driving a school bus once they pass the standard qualifications.


 

Lawsuit over I-35 Pileup during 2010 Blizzard is a hard sell

According to a story in the Waterloo Courier and one in the Mason City Globe Gazette a lawsuit has been filed by a Wisconsin couple following a pileup on Interstate 35 on January 25, 2010. A look at the photographs sort of say it all and begs the question the jury will certainly be asking – What were any of you doing driving during that storm? That's the elephant in the room that no will want to discuss but everyone will be looking to explain.

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

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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Civil and criminal compression asphyxia, the curious case of Michaela McAreavey

Evidence.jpgCompression asphyxia is a cause of death I see in both civil and in criminal cases. So it's one lawyers need to pay attention to. The scope of this diagnosis or when used to pronounce a person’s death can differ. It can be compression to the chest, heart or throat with such force as to stop the person from breathing; leading to their untimely death. Often quoted by the public as strangulation, for the law that is too general of a way of describing compression asphyxia. Asphyxia may be from natural, accidental or from intentional causes. The acts leading up to compression asphyxia is present in both civil personal injury cases in truck accidents or work place accidents and in criminal cases involving some form of homicide. In researching this medical condition I stumbled upon a tribute to Michaela McAreavey nee Hart with several video clips on YouTube. While I can’t be sure of the facts generated by the investigation the caption reads: “Michaela McAreavey nee Harte murdered during her honeymoon in Mauritius. “ With what's been going on in Aruba this case catches attention for many reasons the most obvious being that no one anticipates death while starting out life following such a joyful occassion as one's wedding. Technically here is compression asphyxia defined.

Negligent Homicide by Traumatic Asphyxia, Yoshitome, Yamamoto, Naka, Ishizu, International Journal of Legal Medicine, Department of Legal Medicine, Okayama University Graduate School of Medicine and Dentistry, January 14, 2004

Fetal Asphyxia defined


Like the case of Melissa Britt Lewis, Michaela McAreavey's death is equally a mystery shouting for justice to be done.

To read more about the Britt-Lewis murder see these articles.

 

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Whose insurance is responsible in a rollover accident?

Oliver Twist -Cruikshank_-_Fagin_in_the_condemned_Cell_(Oliver_Twist).pngFor today’s article we have several real life rollover accidents. The first is a 16-year-old driver (Beth Opperman) who is said to have suffered only non-life-threatening types of injuries. The Fayette County Sheriff’s Office spokesperson described the accident for the WCF Courier as a single vehicle accident where she lost control of her driving on L Avenue north of 110th Street, then entered the ditch and the vehicle rolled. There is no discussion as to why or if anyone else was in the Ford Ranger truck. She’s just 16 and probably inexperienced so we’ll leave it at that.

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. 

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The Broadside Auto Accident Case: Was the driver's view blocked, or was it inattention or could it be speed?

Evidence.jpgToday’s litigation brief looks at a recent accident involving one car pulling out and being broadsided by an oncoming truck; the truck driver appears to have the right-of-way. As a young lawyer you have to ask yourself whether the guy pulling out is completely at fault or whether there is other evidence of negligence.

Black Hawk County, Iowa - What caused the driver to not see the oncoming truck and to pull out right in front of it on Highway 63? The accident is described as involving an F-250 Pickup truck and a Toyota Corolla – a fight weighing heavily in favor of the Ford. The Toyota being driven by one Joseph Pink pulls out from C57 and attempts to cross the southbound lanes of Highway 63 just as Garth Harold Beatty in his 1999 Ford pickup truck towing a trailer is crossing C57 at that intersection. The inevitable occurs with Mr. Beatty’s truck t-boning the little Toyota. Apparently Mr. Pink died in the crash and a passenger Mr. Harold Beatty was injured and taken to Allen Hospital. I used to work with a lawyer Sam Beatty in Waterloo. He was really a nice guy; I liked him a lot.

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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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wRonG-wAy dRIverS DRIVING us nUtS. Interstate Highway Drivers Saying, We Gotta Get Outta this Place.

Animals, We Gotta Get Out Of This Place, 1965

We are back again with more wrong-way driving incidents on the interstate highway system across America. Let’s do the tally:

Places with and alleged reasons for Wrong-way drivers:

Honolulu, Hawaii with a young man balancing two jobs and probably tired (It is unknown at this time if speed, drugs or alcohol were factors in the crash, which occurred under clear skies in a well-lit area of the freeway.).

South Kingstown, Rhode Island, here is a quote: “Woods failed to perform the field sobriety tests to the satisfaction of the officers and was subsequently placed under arrest.”; moving on we head to

Doralville, Georgia where the wrong-way driver is reported by the news source to have been driving under the influence and after driving the wrong direction on Interstate 20 struck the car of a police officer, killing the detective. Another linked story with video. Mug shot of suspect.

Pewaukee, Waukesha County, Wisconsin, I-94 – “The Waukesha County Medical Examiner's Office is now reporting Ewing had a blood alcohol level of .35, nearly five times the legal limit.”

Franklin, Indiana – Johnson County, U.S. 31 south – “ … arrested on charges of operating while intoxicated, burglary and possession of stolen property, Johnson County Sheriff Doug Cox said.”

Chaska, Minnesota, Audobon Road – cause unreported although there is a hint in the following quote: “A Shakopee man was killed and three people were injured in a head-on collision Friday evening in Chaska.

Milwaukee, Wisconsin – Interesting story, FOX6 Investigation: What do all nine wrong way driving incidents have in common?

Nine wrong way driving cases on Milwaukee freeways in 2011

In 2009 nationwide, more than 1,700 people died in wrong way crashes. The problem has gotten so bad in Arizona that officials are now testing sensors that will detect if there is a wrong way driver, and notify others on the highway with electronic signs. Highway safety experts say all you can really do if you come in contact with a wrong way driver, is flash your high beams, and try to determine what lane the driver is in. Most often, they'll be in the fast lane, because they think they're in the slow lane.

Hartford, Connecticut – I-84 near exit 47. “A man from Windsor is facing DUI charges after a wrong-way crash Wednesday night on I-84 in Hartford” A second link to this incident.

“Martin Ballines Rios, 40, was driving south in the northbound lane of Audobon Road at Wildflower Lane just before 7:30 p.m. when he struck a pickup truck driving north.

Ballines Rios died at the scene.

The truck's driver and two passengers, all from Victoria, Minn., were treated at Ridgeview Hospital in Chaska and released, according to the Chaska Police Department.

Alcohol was detected on Ballines Rios, according to the State Patrol. “

Boone County, Indiana – I-465. “Investigators say open alcohol containers were found in the Pontiac.”

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Iowa Workers' Compensation and the Rock Crusher Death

Dangerous Work Place Injuries: KCCI, Channel 8 ran a story about an 82-year-old man working in quarry and being killed after ending up inside the rock crusher. Man Found Dead In Rock Crusher, DeWitt, Iowa. The U.S. Department of Labor is investigating. I’m sure IOSH is as well. This case is one that can result in a workers’ compensation claim. The worker was Bruce Anderson, the quarry is noted to be Anderson Quarry.

Rock crushers and shredders shred rock, engine blocks, appliances and cars. This machinery is dangerous to work around and can be deadly. If you’re interested in seeing how it works, follow the links below. 

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Traffic Violation Cameras intrusive, but reliable witnesses

snowy country lane.jpgHere is a trial tip: The lawyer with an intersection collision case should get a copy of the video from the intersection traffic camera. Which means we have to learn where these cameras are located. As for clients who are in an intersection collision it’s better to get a lawyer onboard sooner rather than later. This is also a reason for the lawyers to get out to visit the accident scene. You just never know where a camera may be recording the events. The camera may be on a nearby building used as a security camera.

For a list of locations see below.

Traffic Camera Proves A Reliable Witness In Crashes, AP provided by KCCI-Channel 8

 


 

  • Iowa Department of Transportation – Des Moines Area Traffic Speedmap and Cameras Link
  • Iowa Traffic Webcams from Leonards Worlds
  • Traffic Cameras by State – USA Russia Style link.
  • Iowa Webcams link.
  • Des Moines area links.
  • Iowa Red Light Cameras Map link

Juvenile's Suicide Costs Iowa $400,000

Lawyer running to court.jpgThe estate of a teen who died after walking in front of freeway traffic will be paid $400,000 by the State of Iowa. The teen had been in a State of Iowa vehicle being driven by a social worker. According to the news report the teen was being driven to a youth shelter, threatened suicide, prompting the social worker to pull over on I-380. He then exited the car, walked into traffic and the cause was later ruled a suicide.

These are tough cases. I'd like to read that brief.

Title: ESTATE OF DENVER DANIEL PARVIN, DECD

Docket Number: 06571 ESPR034614

Venue: Linn County

Petition filed: 3/17/2010

Facebook: Rest in Peace Denver Parvin

Facebook user accused of arson

This is hard to fathom. You get de-friended from by your BFF on FB that leads to the Des Moines Police investigating the motive for criminal activity. Keep in mind no one has admitted to anything and no criminal activity has been proven. But still this is interesting to see where the practice of law is going and how the virtual world is impacting the court system.

Social networking spat ends in arson charges for woman, Des Moines Register

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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Farming and Rollover Protection Safety

Hercules ROPs.jpgRollover protection is what keeps the driver safe when the tractor rolls over usually when riding along an incline, such as a terrace or ditch. There are two parts of safety equipment that keeps a rider alive. The first is the ROPs and the second a seat belt being worn at the time of the rollover. None of us are safe without both. Here is a recent story where ROPs are important to maintaining a safe tractor driving/working experience.

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Auger Accidental Deaths are Rare

Ag Silo.jpgRadio Iowa reported “Auger accident claims the life of Dubuque County farmer” on September 29, 2011, Janelle Tucker, KMCH, Manchester. They don’t say exactly how the accidental entanglement occurred and I’d be interested to know more about it. Shields have taken a front row with grain auger safety. From what we used to see in the early 80’s it’s both a welcomed relief and makes this accident sort of surprising. There were two ways that farmers used to get caught. Actually there are more than two pinch-points but these two used to be the main points of contention.

  1. Uncovered gathering points where the auger was exposed and grain was dropped out of the gravity boxes and into a put or container box.
  2. The underside where the turning shaft would catch loose clothing, pulling farmers into the turning shaft and between the main auger tube.

These tools of the farming trade are as unforgiving as a woman scorned

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When Good Kids Go Bad - Iowa School District Settles Girls' Strip Search Case

Criminal Crime.jpgFor a measely $300,000 you can find out why you don’t strip search students over the alleged theft of $100. In this instance it all started over the alleged theft of $100; money that was not found. See School District Pays $300k Over Strip Searches, Atlantic, Iowa. These school administrators should stop watching Boston Legal’s Denny Crane and start watching ABC’s Modern Family.

Follow this link to the Modern Family website.

When Good Kids Go Bad

See also this link

While some school districts are hot on the trail of the wrong suspect others are ignoring, allegedly due to federal regulations, drunk bus drivers. 

See Another school bus drunk driver case on Tuesday's post. It's what you call "bus"sted.

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Another school bus drunk driver case

A_Scene_in_the_New_York_Morgue.jpgA Chicago school bus driver was allowed to finish her route with a BAC of more than three times the legal limit of alcohol in her system. There were 50 kids onboard. School officials said their hands were tied by federal rules prohibiting them from intervening because no one had actual knowledge of the intoxication. I don’t agree with that conclusion. See Divine intervention helps. Brooks Taylor, Mt. Pleasant News. This incident still keeps me awake late at night. See the Ottumwa Courier.

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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Facebook News Feed and Distracted Driving - Posting from the morgue.

A_Scene_in_the_New_York_Morgue.jpgSomething is very wrong out there when there are so many wrong-way interstate driving events along with digitally distracted drivers. Is it distracted driving, or drunken drivers, or a combination of the two? I’m writing today because of what one younger client told me this week.

We were discussing texting while driving and I’ve now been informed that texting is dead, finished, gone by the wayside, done, fini, finished, passé’. Yes sir they no longer are texting. Now they Facebook while driving. Using Facebook’s news feed the drivers are looking at pictures, reading text and posting to their FB pages while they attempt to drive.

Texting is so yesterday.

Distracted driving and dumb drivers are a lethal combination. Here are today’s articles on wrong-way drivers. 

Please follow these directions to know how to post that you're on the way to the morgue

http://youtu.be/dES9_n7ou8w

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Like Rome, when it comes to MMA Fighting, Iowa is a four-letter word

800px-The_Christian_Martyrs_Last_Prayer.jpgIowa's Version of MMA Tort-Reform Was A Recipe for Disaster 

“No thought was given to the human cost of unregulated MMA.”

That statement comes from “The Underground”, the MMA Warehouse in an article Sherdog wrote as Part II of Zach Kirk’s fight and his being paralyzed for life.

Here is the real disgrace.

In days, Kirk went bankrupt. The rest of Kirk’s medical care costs -- hundreds of thousands of dollars -- was paid for by the citizens of Iowa. 


This is what you get when farmers turn legislators and think they know law and can assess legal risk. Like lawyers trying to plant a straight row of crops, farmers’ legislating makes for a lousy result. Deciding what corn to plant isn't the same as analyzing the legal principles and making sensible public policy. No lawyer in his right mind would have voted to deregulate MMA fighting. Boxing I understand, MMA I do not get. It's nothing more than what Romans did with lions fighting slaves. What's attracting young men to the sport is the lack of regimented training and the promise of big money. Regulations and fighter protections are not just necessary for the fighters but also for the taxpayers who end up footing the bill when fighters through fighting become seriously, permanently and totally disabled. 

Like I said, I'm not planting corn any time soon. But put me on the Boxing Commission and I'll protect the Iowa tax dollars. 

Spectators sometimes became part of the Coliseum show -

Although the typical Coliseum of Rome combatants were trained gladiators, convicted criminals and prisoners of war, occasionally glory-seeking individuals volunteered to fight. Often they overrated their skills and suffered the consequences.

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Hey McStupid, that's what she said!

Mcdonalds.jpgListening to personal injury clients discuss and distinquish the McDonald’s verdict case from their own is like drinking a cup of sulphuric acid while watching Rain Man.

Again in very short order, the McDonald’s Verdict was brought into the coversation by two of my clients. Each of these people has a serious injury case, a personal injury case, where they believe their case is somehow much different than the issues in the McDonald’s case. There is no difference, but people are very good at convincing themselves a jury will somehow see their case in a different light. They won’t. At least not until people begin to understand the reason why McDonald’s got sued, why the verdict was correct and why reducing the verdict was clearly wrong. The McDonald's case was not frivolous; if it was then so is yours.

THE DELUSION: “I’m the Mother Theresa of personal injury; while Mrs. Liebeck is the Devil incarnate.”

Ronald didn’t get sued just because the coffee was hot; RM got sued because of the extremely high temperature of the food being served. Yeah, really there is a difference you morons. The coffee wasn't just hot, it was so hot that it could literally melt a person’s skin. When handled, and the top was either removed or came off, the contents weren’t just inconvenient; they were highly dangerous to any human being with a brain. Hot is hot, but when the contents are so hot that it can cause your skin to literally melt, then, (your morons) the contents aren’t even edible. Do you know what the word edible means and that food served is supposed to be edible? Get it, edible means you can eat it and isn't food you pay for supposed to be edible? Just like drinking acid, coffee at the temperature it was being served at on that day, can't be drank. It's inedibable! What do I have to do pour you a cup of acid to make you understand this concept? Are you really this inanely moronic? Why in Heaven’s name would a restaurant sell food that isn’t edible? Does that make sense to anyone who’s ever eaten out? How is serving a liquid drink that isn’t edible any different than serving a cup of acid?

Don't do what an idiot would do!

Give me a break! I'm so sick and tired of morons discussing this case that jumping off a bridge seems a whole lot more interesting.

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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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Clearly Archimedes would drive the Ferrari 458 Italia

On Friday we covered the rollover accident as it relates to the conditions on Iowa's rural  gravel roads; the specific condition is called washboarding. Afterwards I was asked about the legal issues surrounding the rollover case. Because I'm licensed to practice law in Iowa my specific references are to Iowa law, but they do apply generally to driving in other states.

So let us briefly cover how the law views fault or liability of the driver after there is a rollover and passengers in the SUV are hurt.

IT'S ALL ABOUT THE DRIVER'S DUTIES

All drivers have a duty to maintain control of the car or truck while driving on the public roads. A duty to maintain control isn’t normally being exercised when the car has gotten sideways and rolled the vehicle. Legal issues revolve around speed and lookout will then be analyzed and the law determines if the driver was going too fast, not paying attention, driving drunk or failing to take into consideration ever-changing road conditions, such as washboarding of the road surface, or ice, snow, rain or maintenance issues.

These issues will all be evaluated in the rollover accident cases that are at the end of today's blog. In many accidents the driver won’t be able to make a claim against anyone since it is there own fault that caused the vehicle to roll. In instances where there is another car or truck that caused the accident the driver can pursue a legitimate claim. But in single car accidents with no other fault except speed, control and lookout of the single driver, it is the passengers with the legitimate claim.

PUT DOWN THE CELL PHONE

So buckle up, slow down and maintain your attention on your driving.

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Would Archimedes have driven an SUV or a Ferrari 458 Italia?

Domenico-Fetti_Archimedes_1620 Wiki.jpgIn Lyon County, Iowa there’s another rollover accident; this one involving a 31-year-old man driving an SUV on a county road north of Rock Rapids at about 5:20 in the evening. Here is the part of this story that should interest you, do you know if your car, that SUV you drive has a high or low center of gravity and if it’s high how likely is it the car will roll if it gets sideways? Iowa’s farm-to-market roads in rural Iowa are made from limestone gravel and there’s this thing called washboard that naturally occurs from cars, trucks and tractors rolling over it. As lighter cars drive over washboard at high speeds they bounce and can turn sideways. Turn that SUV sideways at 55 mph or more and if it has a high CG it’s more than likely it will roll. The higher the CG the more easily it will roll over.

http://youtu.be/kOC4PjCdHKY

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Can sweaty palms kill you?

I've been doing the investing for our 201K plan at the law firm (that's 1/2 of a 401K Plan) and getting emails from different stock analysts. Some of their "teaser" emails make claims that pique your interest to read more but seem ridiculous when out of context. It's sort of like trial work. You do it long enough and without some context it's impossible to say what the verdict should be. So to answer whether sweaty palms can kill you, I'll go out on a limb and say, the most accurate answer is: Maybe; in the right context it is true that sweaty palms can kill you.

American Iron Workers – Falling won’t kill you; killing is in landing.

http://www.youtube.com/watch?v=jdPd1hlWe0k

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Why is the issue in Merriam vs Farm Bureau so complicated?

The issue in this next case is pretty straightforward, but the outcome is anything but that. A contractor has an accident but he doesn't have the right insurance coverage. So he sues his insurance agent for not placing the right coverage. The contractor loses the case against Farm Bureau because the insurance agent has no legal duty to select coverages. What we have is the insurance industry saying one thing and doing another. Watch the video of the Farm Bureau commericals and ask yourself if they hold themselves out to be experts on what you need for insurance coverage. Does FB say they offer expert advice?  Then consider the decision in Merriam that says they don't have a duty to do so because they aren't experts in selecting insurance coverage. Isn't that exactly how FB holds it'self out? You be the judge.

What about that "knowledge you can count on" pledge? After Merriam it sure seems to ring hollow.

Remember those Farm Bureau agents saying they make insurance simple? Here get caught up and listen to the agents telling you how simple they make insurance so you can feel good about your future; and then there is the make simple by providing knowledge you can count on. As you listen ask yourself if somewhere in there, there is a promise.

 

http://www.youtube.com/watch?v=BFMnwpw-LLg

Here listen again to the Farm Bureau insurance made simple pledge and then let’s see how it plays out in real life.

http://www.youtube.com/watch?v=P4DHSGeuQQE

Remember what you just heard. Come on it's all pretty simple to remember. Basically you can trust us to make it simple for you. Got it?

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Commodity Price Jump, Buries Alive Some Farmers in Corn

Ag Silo.jpgThe Purdue University study says it all noting an increase in farm bin accidents. The increase is from 51 grain bin accidents in 2010 versus 38 in 2009. That’s the highest it’s been since 1978 the year they began tracking agricultural accidents for grain bins. Most people out east haven’t a clue what I’m talking about. Here let me put this in perspective for you. Like most confined space accidents these involve corn or soybeans in a bin with a farmer stepping inside the top of the bin and finding himself sinking like Tarzan does in quicksand. Across the U.S. we have over 10,000 grain bin operators with employees covered by OSHA rules.

If you're interested in these types of accidents below you'll find resources to provide a start.

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Iowa Personal Injury News for March 9, 2011

Cheerleading Can Be Brain Damaging

I do cover cheerleader safety, because of the incidence of serious injuries and how the sports world encourages cheerleading, but then treats them like second class citizens when it comes to insurance coverage. This next story is about a cheerleader who suffered a head injury, then continued to suffer seizures and later underwent surgery to remove a part of her brain in hopes it would stop the seizures.

Cheerleader Has Part of Brain Removed to Stop Seizures - AOL Health

Cheerleader Has Part of Brain Removed to Stop Seizures

By Catherine Donaldson-Evans Feb 25th 2011 11:45AM

Writer's Note: I'm in depositions today, so this is a short post, but nevertheless and important one about cheerleader safety.

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Let's Roll On Into Roll-Over Accident Thursday

This week I’ve been featuring Lacrimosa, a musical duo – he’s German and she’s Finnish – based in Switzerland. Today’s video is My Last Goodbye, with their interesting imagery. As I said to Katrina, this is my new favorite group. Between the two of us I change more often than she does. Neuschwenstein Castle is at 2:59 on the video. We've visited the castle in Germany, it's what Disney's castle is modeled after and really worth the visit. Iowans would be surprised at how similar Germany and Iowa are.

http://www.youtube.com/watch?v=E0rAacH-tqg

We have a slew of roll-over accidents that speaks volumes about speed, high c-g's in modern day SUV's and how speed kills.

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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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Should you (and yours) be given lesser medical treatment because you're not a VIP?

Who determines medical tests are “frivolous”? The one suffered the injury or the guy sitting behind a computer screen who gets a bonus if the company saves money?

TODAY'S Q: After a car crash is a CT or MRI for a working stiff frivolous?

Today’s blog is about a sad case waiting for an answer to the question, what was the cause of death. So before we get into today’s blog here is a video clip and song (Letters From The Sky) from the forensic show Bones. You can listen to it while you read.

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This is Why Big Insurance Loves to Hate PI Lawyers

musical.jpgThe lawyers for plaintiffs' and  injured workers are still (barely) in business, because the defense lawyers and the insurance companies need us so they can continue to make huge profits by ripping off the public through 'promoting the float'. Without us there would be no need to have defense lawyers or so many insurance adjusters; and it's the defense lawyers and legions of adjusters who create the illusion there is a need to protect the insurance float from greedy people who get injured through no fault of their own. Most people believe this nonsense until it's them that is the injured one.

The float is the money they take in as premiums, then deposit it and invest it.

The float is the key to insurance companies making enormous profits and it alone accounts for the success of Berkshire Hathaway. With the float tucked neatly away, the insurance companies can act as hedge funds and investment banks; going about their business of reaping huge profits for the directors, officers and shareholders of the entirely successful major casualty insurance industry. You and I, the plaintiffs’ bar, are necessary window dressing that allows the accumulation of an enormous float for paying insurance exec bonues. Without us they lose any semblance of being legitimate. Without us the charade would be over and there would be no reason to accumulate the bloated float. So you see they need us; but also they need to create the allusion that it's us causing the public to need protection. And that's the reason why they cook statistics to exaggerate how many personal injury lawsuits there are.

It’s also why the insurance industry needs large jury awards. Large awards create another allusion. Talk about one verdict 100 times and people think there are 100 large verdicts. One large verdict is sweet and sour sauce to them. Because when one plaintiff is awarded millions in a medical malpractice case they are reminded why they love to hate us. The announcement of the one large verdict provides an enormous marketing incentive that scares billions of dollars in new premiums into the insurance coffers. And that’s really what the McDonald’s verdict smear campaign was all about. It was the perfect marketing incentive trigger, because it provided motivation to unsuspecting insurance suckers.

Really we all work for Geico, State Farm, Liberty Mutual, Allied, USAA, and all the other corporate float machinery that is ripping off the paying insureds.

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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.

Do voters and corporate America play on a level field?

mailboxes-in-rural-midwest-united-states-late-sun.jpgIs the legal system rigged against people; and in favor of big business or does it just seem that way?

People believe the law has the ability to go whichever way the judge wants to decide the case. It’s what people refer to as result-oriented reasoning.  If you want a certain result you pick these legal principles and the result is possible. That’s how people view the law and frankly its how most lawyers and judges do, except we don’t admit it publicly. Today’s case has a result that most people will find offensive in that the proof required to prove a fact seems watered down in favor of an insurance company winning. If we asked the court to believe what this insurance company did, we'd lose ten out of ten times.

Judge says John Kline home’s former insurer doesn’t have to pay bank, Register, January 7, 2011

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Why don't you ride in the back of a pickup truck?

Here is why you don't ride in the back of a pickup truck.

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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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Interstate 35 Winter Driving and All Those Accidents

Semi Truck with Colored Lights.jpgThis is one of three blogs I write  for and this past weekend was very busy. One attorney I coordinate blogging with is from Texas. The more blogging you do the more you find yourself talking to people from different states. I like people so I tend to take most of those telephone calls. More and more I work for clients to place them with attorneys from different states. Brooks, the Texas lawyer, and I have jawed about doing this for several years now and so this past month we started this process of helping clients all along Interstate 35 from Texas to Minnesota. If you have an auto-truck-semi-truck-motorcycle-suv or any other type of crash on i35 contact us and we’ll do the best we can to help you either directly or indirectly through a referral. Today let's talk about the weather in Iowa.

The weather this past January weekend was cold and very windy. The heater was blowing nonstop and barely keeping up. Getting the newspaper this morning required a coat and hat. Trust me when I say there was no dilly dallying along the way.  There is going to be a lot to talk about along the way but today I'm just doing a short intro to the I-35 theme. I can't promise to blog about it all the time; I'd get stale, but once in awhile when there is something really interesting I will write about it.

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Car's, cycles and trucks versus Iowa's deer population

Deer 7.JPGIn the January 11, 2011 Des Moines Register there’s an article discussing the risk of colliding with deer in Iowa and where we rank in terms of the risk of such a collision in other states. We rank pretty high; 2nd by what’s said in the article. I’ve been reading accident reports now pretty steady for several years, 30 to be exact, and over the past 5 years I’ve noticed a higher percentage of deer-car-truck-motorcycle collisions. The timing of the article is interesting, because just last night I called my wife to the window in our home office where I write this blog to see the herd of deer in our backyard. I like seeing the deer because it’s a signal that we haven’t completely screwed up the environment. Todd Miler, the lawyer I share office space with hit a deer several weeks ago. His Dodge truck first hit the deer and then he ran it over. He described the truck being raised off the ground as if he were going over a large mound of dirt. Because his truck is raised up the collision did little damage to the front.

These are photographs I took on January 10, 2010 showing several of the deer I can see from the window of my home. This herd had 8 to 10 in it; mostly young around 2 to 4 years old. Here in my yard they are a wonder to watch, but out on the highway they are a growing problem.

See Iowa rates second on deer-car colliision risk list, Des Moines Register, January 11, 2011. There are some really nice maps from State Farm Insurance and the Iowa Department of Natural Resources.

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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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Odd "Accidents" from around the nation

ArcheryTarget.jpgAnd for other mailman news: A mailman is reported to have delivered the mail in the nude…. I’m not kidding. Follow the link. This is from Wisconsin.

Wisconsin is the same state that reports a man being killed by a refrigerator. Here is a quote: According to the medical examiner's report, workers tossed a hot water heater from the third floor and thought it would be amusing to crush it with 170-pound fridge from the fourth floor. Workers said they yelled down to Chmura to tell him they were launching the fridge and he joked, "go ahead, I'll catch it." In Iowa this would be a workers’ compensation claim along with a gross negligence suit.

A large sheet of ice slid off of a tractor-trailer and sliced through the windshield of another car on I-80, causing injury to a female passenger.

And in Missouri a funeral home is reported to have been shut down after …. You’d better read it for yourself. It has to do with ashes, refrigeration, widows and the handling of dead bodies.

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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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Paralyzed Veteran of Iraq's IEDs Has a Great Sister

iwojima.jpgIf you want to read a good story about a courageous young man from Waterloo, Iowa and his equally courageous and loving sister read the news story, Sister helps her disabled veteran brother, December 25, 2010 by Mike Kilen. (mkilen@dmreg.com) Named at birth Emerald Ralston, this young woman is a gem. She serves us and then comes home and assists with her brother's care; her brother is a quadriplegic from injuries received when an IED exploded. I’d like to write more but I’ll never do it justice, so visit the Kilen article, its well worth your time.

  • 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.

Snowmobile Accidents and Old Man Winter

snowmobile.jpgYou can tell its winter in Iowa. The first snow mobile accident has come to my attention. The report has a snowmobiler being airlifted to Mercy Medical Center North Iowa where he’s reported to be in fair condition. The report from the Iowa State Patrol has the guy driving with a group on the median of Highway 218 around Charles City, Iowa. He strikes a culvert, surprise-surprise, goes airborne and crashes. Iowa isn’t a ditch friendly state for snowmobilers. Now in northern Minnesota the local governments created a ditch friendly highway for snowmobilers, but not in Iowa. The ditches are full of concrete culverts. So let’s be careful out there. If you do a Google search for “snowmobile accidents” you’re likely to find news stories concerning snowmobile accidents leading to death or serious personal injury too numerous to mention. Utica, New York must have large snowmobile population because they have plenty of serious accidents. See the article. And of course Michigonians seem to have their fair share of accidents leading to pi or even death. Here is a video from Oakland County about a couple of snowmobilers colliding. The quote I find of interest.

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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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As a taxpayer I don't get the patrol car ride-along...

I was watching the news last week and story came on about a Des Moines Police officer who while apprehending several armed suspects, broke his ankle . What made this story so newsworthy was the fact he did all this while his unarmed civilian wife sat in the front seat of the patrol car. At first I thought, this can’t be department policy, that officer is going to get in trouble, why is he giving an interview?

Encouraging your spouse to ride along with you in a squad car makes about as much sense as handing out steak knives in a prison.

Apparently I wasn’t the only one asking that question, because the very next day this story appeared explaining department policy and why the officer would not get in trouble.

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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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Once Again I'm Defending My Client Old Man Winter

winter_road.jpgTo put this case in perspective I need ask only one question. Can road conditions, including snow and ice, really cause a car accident?

A few years ago I blogged about Iowa news reports blaming Old Man Winter for causing accidents; which by-the-way on behalf of my client we emphatically deny he can cause an accident!

Back in the day I thought we’d won this case, but apparently not, because once again my client is being libeled. Today I’m here, again to defend OMW. Let us say, we categorically deny the charges and on his behalf I say, “He didn’t do it! He's not the perp!” Lately, every news source seems to be taking cheap shots at my client while needlessly blaming him for every accident that occurs. You wouldn’t do that if he were a woman, now would you? It’s totally outrageous. I’m seeing multiple articles in the Des Moines Register and on KCCI News Center 8 blaming OMW for causing car and truck accidents. Semi’s on the interstate running pelmel into cars, ladies spinning out on the state highways and men crashing on streets and avenues within the city limits. Teens ending up rolling over and in dozens of fender benders: all blamed on OMW. It’s slanderous, libelous, calumnious and downright defamatory; and on behalf of OMW I demand a retraction!

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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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Personal Injury Waivers for Minor Students

Girl_with_silver_birch_and_blue_eyes.jpgWhy should any parent be allowed to release from liability any adult for behavior that has yet to occur and causes injury to their minor child?

The Iowa Supreme Court’s opinion issued on November 5, 2010 in Taneia Galloway vs State of Iowa strikes down, at least in this case, a parent’s preinjury release of a minor child’s personal injury claim. Fighting on each side is two big guns, the Beattie Law Firm and the Iowa Attorney General’s Office. Justice Hecht writes for the Court.

The Iowa Supreme Court’s opinion issued on November 5, 2010 in Taneia Galloway vs State of Iowa strikes down, at least in this case, a parent’s preinjury release of a minor child’s personal injury claim. Fighting on each side is two big guns, the Beattie Law Firm and the Iowa Attorney General’s Office. Justice Hecht writes for the Court.

Galloway vs State of Iowa, No. 08-0776, November 5, 2010, Supreme Court Of Iowa.

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Minimum Insurance limits aren't being financially responsible

Steering Wheel Old Car.jpgThe Cedar Rapids police are reported to have issued an arrest warrant charging the driver of a pickup truck with failing to yield and causing a crash that killed a female bicyclist last summer. They also charged him with driving without insurance, but the true crime isn’t with the uninsured drivers on the road, the real crime is with the legislature that allows people to drive with as little as $20,000 in coverage to cover the financial consequences of their actions while driving a ton of metal on the public highways at breakneck speeds. Think about it, this driver would be considered “financially responsible” had he had as little insurance coverage as $20,000. With it costing $15,000 just to bury someone how can this minimum coverage be considered responsible?

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The Love of the Game

Sports baseball_13.jpgCall it tort reform, tort deform or whatever you want to call it, but the Iowa Supreme Court’s decision in Feld vs Borkowski, demonstrates why lawyers are gun shy about spending the lawyer’s money to litigate certain personal injury cases. Yes, the Plaintiffs' lawyers won in the High Court, but the law they are being sent down with isn't helping the injured.

Earlier this week on The Verdict, Lombardi Law Firm website, I covered a case recently decided by the Iowa Supreme Court titled BENJAMIN FELD ETAL V LUKE BORKOWSKI, see below for the links. The Verdict provided a menu of where you can find the important information about the case, but provided very little commentary. Here today let me tell you why, what the Plaintiffs' Attorneys are doing is amazing to me and why most seasoned plaintiff attorneys would if given the chance, turn down the opportunity to pursue this case.

First the plaintiffs’ attorneys are Gregory J. Siemann of Green, Siemann & Greteman, P.L.C., Carroll, and Dan Connell of Dan Connell, P.C., Storm Lake, for appellants. What they’re doing for this family is a credit to the profession. Taking on this case in the face of the case law, conservative juries and the conservative Court we face today is nothing short of amazing. How you successfully argued to send this one back to the jury is like climbing Cerro Aconcagua in South America.

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What you don't know about your mailbox can kill you.

3013740-old-vintage-mailboxes-in-rural-midwest-united-states-late-sun.jpg “I’m going to get the mail Mom!”

More than likely, that statement is made daily in rural Iowa from inside many homes across America. And then mom’s yell back,

Be careful!”

The best legal advice I can give is for you to listen to your mother.

The Egerton Law Firm from North Carolina has an interesting blog  about the accidental death of a young girl who was simply getting the mail. It reminded me of a post I made almost a year ago about an elderly woman who was killed doing the same thing - getting the mail. My mind got to wondering about how common it is for people to get hit by the side of the road while checking for mail. Next thing I know I'm knee deep in rural mailbox accidents from all across the American landscape.  Look at the stories below-the-fold and I’m sure, like me, you’ll be quite surprised.

The post starts out about the recent death of an 11-year-old girl getting the mail from the family mailbox and then provides some insight into common factors to consider about car-truck accidents involving people at their own mailboxes. There are some common factors that every rural Iowa parent should be aware.

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Gun battle at the OK-Corral Pharmacy

Yellow doctor with needle syringe.jpgSome would-be robbers came into a pharmacy in Sacramento County, California  armed and dangerous. Apparently one of the pharmacy workers decided to play hero and started shooting at the robbers. The battle ended with the armed worker being shot and killed; while another worker, who was pregnant, got shot in the foot.  Welcome to the wild west. When store clerks who are being robbed start to shoot back they either end up on the six o'clock news as heros or in the morgue. It's probably not a good idea to pull a gun out and try to play hero.

But, any clerk shot while on duty more than likely has a workers' compensation claim. You might wonder why, well it has to do with the employment creating the increased risk of injury.

Previously I've written about work related injuries caused by gun shot and how it is a compensable claim. Many times injury by gun fire results in medical and pyschological treatment for post traumatic stress disorder, a psychiatric workers' compensation claim. All that being true still you shouldn't take out a gun and start shooting at the criminals.  Look at what happened to this poor man.


If my husband is murdered at work can I collect Iowa workers ... Jun 14, 2010 ... Allegedly the man didn't like being told what to do and it's reported he came back and shot the worker. If I assume that's true, ...
www.lombardilaw.com/.../if-my-husband-is-murdered-at-work-can-i-collect-iowa-workers-compensation.cfm
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The Lombardi Law Firm Blog | Lombardi Law Firm

City lawn worker suffers serious injury in rollover lawnmower accident .... There is no mention of whether his gun was a shotgun, so there's not way of me ...
www.lombardilaw.com/blog/index.cfm?page=4&keywordid...
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The Lombardi Law Firm Blog | Lombardi Law Firm

Is the wife entitled to receive workers' compensation benefits? ..... A spokesperson for the department stated that when a shotgun is stored it's not ...
www.lombardilaw.com/blog/index.cfm?page=2&keywordid...

Backing up Semi-Truck Accident is more common than you'd think.

Like everyone else I’m reading the Des Moines Register story about the UPS worker who while making a delivery at Des Moines’ International Airport was run over and killed. The worker is Daniel Raber who they describe as opening a gate to make a delivery when he was run over by the rear duals. The news report is difficult to comprehend and appears to say another driver was involved or a second truck was involved; it’s just difficult to decipher from the way the article is written.  Like you I’ll have to await the follow-up reporting or the OSHA investigative reporting. Right now it’s as clear as Delhi Lake.

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.

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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.

Medical Malpractice Insurance Myths and Other Distortions of Truth

emergenza-omino.jpgThe title of Reuters news item (September 7, 2010) as reported by Maggie Fox, “Malpractice Liability Costs U.S. $55.6 Billion: Study” is to focus of today's blog. Simply put it's not accurate. There are three things wrong about this report.

  • The title is inaccurate.
  • The assumptions the reporter expects readers to make are erroneous.
  • The conclusions she reaches are absurd and I challenge her to prove just one.

The Title

The title implies that a study finds malpractice costs alone amount to $55.6 Billion. That’s not even close to being true. She made the mistake of not reading enough about the study and what it does show. The actual study reports these “costs” include: defensive medical practices such as extra tests and scans, in addition to administrative costs, payments to patients harmed by practice outside the standard of care, and attorney’s fees for these patients; all account for 2.4 percent of the annual U.S. healthcare expenditure, as reported by Michelle Mello of the Harvard School of Public Health.

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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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Are there too many lawyers or too many people with power using law to hide the truth?

workinprogress.jpgYes, I'm posting again. I was sleeping but then then I realized life was happening without me and I had to get up and write. Today is all about law school. The University Of Iowa College Of Law to be exact. A great law school with a fine reputation and some lousy contractors hired to replace the windows at the law school building.

"Most of us aren’t the slick stereotypical lawyer the politicians describe. Real life pi lawyers are more akin to gumshoe investigators hard working, harder nosed with hearts hardened by thousands of real life sad stories with no good ending."

Examination Question #1: Why does OSHA have a standard for fall protection?

It’s ironic that a worker who died at the Univ. of Iowa Law School may not have been wearing fall protection. After all fall protection is what the law requires. So why isn’t anyone talking about the facts surrounding his death? The ultimate answer is an explanation as to why he died and whether or not it was preventable. Yes, we know he is dead, but why? Was he wearing fall protection gear? Was a lanyard available? If one was provided and he wasn’t wearing it, why wasn’t he wearing one? Why was he being allowed to work without fall protection gear?  Is fall arrest gear required?  

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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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Why is the backup warning device important on a road construction job site?

The headline reads, workinprogress.jpgIllinois Road Construction Worker Backed Over and Killed on U.S. 24 in Schuyler County. I've seen this enough times in the past 5 years that anymore it's not even a surprise. I half expect it.

I’ve written about workers, construction workers, interstate highway construction workers and pedestrians all getting run over by a truck on the jobs site that is backing up.  If you’d like to see what’s been previously written follow this link or just check out some of the titles added at the bottom of this post.

Today’s construction site is a highway job site in Rushville, Illinois. The actual roadway where the workers died was U.S. 24 in Schuyler County. The worker was a 53-year-old man named James Brink, the asphalt foreman with Brink Construction. It’s reported by the Hannibal-Courier-Post that the truck that backed into him was a Schuyler County dump truck. It appears from the news article Mr. Brink was knocked to the pavement and was then run over by the rear duals.

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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

New I-380 Speed Camera is now "ON" in Iowa

The speed camera is in the northbound lane at the J Avenue Interchange. You’ve all been warned. MapQuest View of “I 380 N & J Ave NE, Cedar Rapids, IA 52402” Is there a reason why having Big Brother watching our every move feels more and more like the Soviet Union we were described in the 1950's, 60's and 70's?

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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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The death of a worker is a wakeup call for both workers and management

2347407839_d345416345.jpgAn Iowa worker died at Eaton's shop in Belmond. Death in the workplace is never a good thing, but we need not condemned the employer; they simply need to heed this call to action. Here is the news story.

Eaton Corporation was fined because of the death of a worker at the Belmond Plant on February 17, 2010. Doug Barkema, age 51 died from injuries caused by a grinder. IOSH or OSHA settled with EATON on a $4,500 fine for failing to furnish a place of employment free from recognized hazards that were likely to cause death or serious injury and employees were exposed to flying debris.

The focus of the investigation centered on a torque wrench not being available for tightening bolts on the grinder wheel. I’m not sure of exactly how to explain this mechanical problem; the news article from Channel 3’s KIMT is good, but I’m finding it difficult this morning to fully understand Dave Hansen’s article. Follow this link to read Dave’s article.

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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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Huisnetruit's Disappearance is a Going-n-Coming Rule issue

The Law Knows Not Sympathy

It goes like this; if you need your car or truck for work you’re covered going to and coming home from work. If your job does not the use of your car then you’re not covered for injury or death while going to work or coming from work, under Iowa workers’ compensation law. That's a part of the law most workers aren't familiar. Most believe for all workers work doesn't begin until you punch in, but for those who use their own or a company car during work coverage starts going to work and when you leave work until you arrive at your sleep destination. That may sound like double-talk but a sleep destination might be a hotel room as well as your actual home.

PART 1 -  HUISENTRUIT DISAPPEARANCE

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College Life and Hard Liquor Don't Mix at ISU

_8095350.jpgAs I suspected the questions involving the ISU architecture student that died earlier this past month after visiting a night club centered on whether she was given drinks from the bar or by other bar patrons.  One question has been answered. There is one issue yet resolved. An Ames man, age unknown, has been charged with a misdemeanor involving providing alcohol to a minor.

Most people (non-lawyers) will think just buying her drinks, serving her as an underage adult and then she is later struck by a train should be sufficient to sue and win, but it isn’t. The reason why we can sue the bar is because the dram shop statute creates or does away with the issue of proximate cause. Under Iowa’s dram shop statute we need simply to prove the bar or tavern served the patron either while intoxicated or to the point of intoxication. If later they cause injury or death the necessary link is established. There is no dram shop statute for people who aren’t in the bar business making money from serving alcohol.

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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?

Reprint: If Lawyers Acted Like Priests We'd All Be In Trouble

Liverpool.jpgAll of this starts with two farmers, a gun and one ends up dead. The dead farmer's wife and estate sue the other farmer and are awarded a large judgment; one that includes millions of dollars in punitive damages. But the widow and estate have a hard time collecting the judgment because of estate planning and how the assets are held. The widow asks the Iowa Court to set aside the legal planning and to give her title to the assets as the transfers were made in anticipation of a judgment; reasonable minds might conclude from the article that the record indicated these transfers were done hastily just after the murder took place and before any criminal charges were filed in the murder case.

Then an editorial appears in the Des Moines Register saying the Iowa Bar Association's ethics committee should investigate the lawyers who's ethics allowed them do the estates and trust planning. The words used are "shell game". My understanding of the writer's point was that lawyer ethics should not allow lawyers to do such things. I'm sure this is a popular notion, but in reality it's a totally unrealistic point of view. Here is why.

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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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Why Lindsay Lohan is no laughing matter

Why should Lindsay Lohan be held in contempt of court?

If the Court doesn’t hold Lindsay Lohan in contempt the message to those before the court is clear: The Court isn’t to be taken seriously and justice is about as real as a reality TV show.

I have to wonder if violence against lawyers is escalating. We’ve had some recent provocations against lawyers that make me pause and consider why. Right here in Iowa on July 9, 2010 we had a lawyer being assaulted while standing in a Dubuque County court room. It’s not the first and certainly won’t be the last. Several years ago a lawyer in Polk County was assaulted by his client while standing before the Court. Assuming the lawyer didn’t fall asleep during the trial, the defendant had to be mad at the judge or jury and not his own lawyer. The lawyer is there on the side of the defendant; so why the lawyer?

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Another horse-related accident with someone killed

Four people riding in a horse-drawn buggy were injured when a car struck it from the rear. The collision location is west of Kalona in southeast Iowa on Iowa’s Highway 22. The horse buggy operator was a 29-year-old and the car a 21-year-old from the area. The buggy had two passengers who were taken to the university hospital in Iowa City. I wonder if the buggy was displaying the slow moving vehicle symbol or if the young driver of the car understood what that meant? I ask that question because apparently many people don’t recognize it and what it’s supposed to symbolize to oncoming traffic. In an attempt to educate the driving public in Pennsylvania Farm Bureau publishes a brochure in Pennsylvania displaying the SMV symbols. Rural Roads Safety brochure you can find on our site by following the linked text.

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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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