If that young driver's parents are claiming he didn't have permission to drive, they are likely saying this to avoid paying, thinking this will do an end run on the insurance claim. Well, they are likely making a big mistake. Here's why.

• Height – 4 stories
• Location - Chamberlain Lofts, Ames, Iowa
• Event - Veishea
• 2006 Benjamin Peterson died from a similar fall at this complex
• Drinking may have been involved.
• This isn't rocket science.

Is there something about the design that increases the risk of a fall? Should design changes be added, such as steel bars or ornamental screens? Come on landlord this isn't rocket science. If it's a foreseeable risk the landlord has an obligation to act to protect the residents and guests. Granted you'd probably never think it will happen twice, but now that it did, will it be three strikes and you're out? 

Balcony falls aren’t all that uncommon - in other words they are foreseeable. In this apartment building I'd say they are really foreseeable. Here are a few news articles, but let's start off with a video of a young toddler that falls and lives.

• Two fatal Virginia Beach balcony falls, June 2011
• A two-year-old fell from a balcony
• Virginia - Montgomery construction worker died after falling 90 feet from a high rise balcony.
• Chicago, Man critically hurt after falling from balcony at Chicago Theatre, October 2011
• Colorado Springs fall March 2012
• Oceanfront balcony fall
• Romanian parliament in Bucharest, the man purposefully jumped. Video of the incident.
• Pittsburg, fall 20 foot fall during fight, April 2012
• March 2012, Colorado, alcohol involved.
• Broomfield, Colorado, Pretty Lights New Year’s Eve show
• Wisconsin man died from balcony fall, March 2012
• Long Beach, CA. Fleeing the courtroom man falls from balcony and dies, January 2012
• 21-Year-Old Man Dies After Fall in Ames, KCCI
• KCCI, Video clip

Gee, I wonder what the apartment owners could do to solve this problem that doesn't seem to go away? Let's see it's a college town, with student celebrations, that happen every year and where young adults will be drinking. Hmmm..... could this happen again? Better yet, how can we prevent it from happening again. Let's check out a craftsman from Colorado who has the answer.

[The student] “was charged with failure to affix a drug tax stamp and possession of a controlled substance with intent to deliver, possession of drug paraphernalia and underage possession of alcohol.”

All this over one pot plant?

Read more: http://www.kcci.com/news/30571915/detail.html#ixzz1o5SdehxL

The cost is between $300 and $600. The key features are seat belt alert, speeding/aggressive driving prevention, immediate feedback on driver behavior, e-Call Emergency/Roadside Support,

Interactive Web Portal and SmartZones GeoFencing

I’ve not used this device, so I’m not all that familiar with the ease of how it works and how valuable the feedback is. But there is a feature of it that got my attention. The feature is named SmartZones and allows the parent to create customized geographic zones so you know the second your teen arrives or leaves school, home or anywhere else. 

Allison Smith – 17-year-old Iowa teen described above. 

The Iowa DOT also publishes a teen driving guide that provides parents with rules for safe teen driving. See Teen Driving Responsibilities.

• Rule 1: Put it down!
• Rule 2: Absolutely no alcohol!
• Rule 3: Always buckle up!
• Rule 4: have the car in the driveway by the designated time!
• Rule 5: no more than one passenger in the car at all times (or zero passengers if the state’s GDL law doesn’t permit any).
• Rule 6: Follow your state’s GDL laws!
• Rule 7: Follow the house rules or face the consequences!

Alexis Summers - We don’t have to far to find another teen, this one a 17 year old cheerleader from Knock High School in Saxonburg, Pennsylvania who died at 10:00 pm on Hannastown Road in Jefferson Township, Butler County.

"The evidence at the scene was a cellphone inside the vehicle with a partial text message prepared. It was obvious that the phone was active at the time of the crash," Lt. Eric Hermick said.

Additional Resources

Psychology Today, Death by Text, The Dangers of Teens Texting and Driving, Raychelle Cassada Lohmann, MS, LPT in Teen Angst

“As she raced down the highway, her phone started to ring - she had a text. She rambled around in her purse and found her cell. It was Calli "Where R U?" Ugh, Elizabeth sighed she responded "L8, B Rt There". She started to put her phone down and heard a horn and screeching tires. She looked up but it was too late, she smashed into the car ahead of her. Pain shot through her entire body, everything went black and she struggled to gasp her final breath...”

Cell Phone and Texting Laws - State Laws that Ban Cell Phone Usage while Driving, Governors Highway Safety Association

Resources

• Talking to death: texts, phones kill 16,000: study, Reuters
• Dnt Txt N Drv, Oprah
• TRL, researches texting issues and driver distractibility.
• Dangers of Texting Whilst Driving,
• Human Factors
• The effect of text messaging on driver behavior: a simulator study,
• Eliminating Driver Distractions, and
• Car Simulator Case Studies.
• How do we discourage not thinking and driving?
• Teen Driving Guide: Rules to Live by

Question:

1. A duty.

2. A breach of the duty.

3. Damages.

4. Your damages need to be proximately caused by the negligence of the "tortfeasor" the wrongdoer.

In your case you are simply missing 3 and 4. You have no damages and therefore no damages were proximately caused by the wrongdoer. Your personal injury is what the law refers to as de minimis. Lay people would use this definition and lawyers this one. Frankly it was what the McDonald's marketing machine was all about but they were completely wrong and fooled most people into believing the sky was falling.

De minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor ("The praetor does not concern himself with trifles") or de minimis non curat lex ("The law does not concern itself with trifles").[1][2]

In risk assessment it refers to a level of risk that is too small to be concerned with. Some refer to this as a "virtually safe" level.[3]

An abbreviated form of the Latin Maxim de minimis non curat lex, "the law cares not for small things." A legal doctrine by which a court refuses to consider trifling matters.

In a lawsuit, a court applies the de minimis doctrine to avoid the resolution of trivial matters that are not worthy of judicial scrutiny. Its application sometimes results in the dismissal of an action, particularly when the only redress sought is for a nominal sum, such as one dollar. Appellate courts also use the de minimis doctrine when appropriate.

But the personal injury aside you did also mention a wage loss being caused by your having a tough time keeping a job. It didn’t take me 30 years of practice to know it’s going to be extremely difficult to prove you’re not being able to find any truck driving job is somehow proximately caused by this one little accident. There must be more than you’re telling me; either that or you aren’t trying hard enough to find work.

Make sense? Now get back to work.

What is the Participation Trophy Syndrome? It's the development of bad character brought about through telling children they are winners, just for showing up. Only losers will accept a participation trophy, winners want to win one.

We have way too many lawyers out of work with not enough open positions to hire them all. If you're one of the unemployed lawyers you must be asking, how can you get a law related job or how can you get back to work? Let's explore that issue today.

Just keep in mind that you were born in the USA... and whining isn't allowed; being tough is though.

Get used to it, in real life no one is handing out participation trophies. As one elderly woman once said to me, "There's nothing wrong with this younger generation that a good depression wouldn't cure." 

Constant bitching about how your law school can't find you a job is like the guy shown in the picture; what law firm wants to hire someone who is working to alienate the rest of the bar?

7. Apply in every state agency that has legal jobs.

8. Apply to every insurance company for a claims job adjusting claims. 

In a future post I will discuss how to get free office space.

Hancock County, Iowa

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.

• Iowa State Patrol Crash Report of Christians – Priebe Personal Injury Accident
• KGLO Midday Report on Priebe Fatality Car Accident
• KGLA Obituaries - Link
• Britt man killed in early morning accident, WCF Courier

• Dangerous Trailers.org
• Towing and Trailer Safety – an eight part series from The Chronicle of the Horse be several writers.
• YouTube Report - Dangerous Trailers.org Presents Loose Trailer Kills US Postal Worker
• How To Hook Up A U-Haul Trailer - Braked
• Towing, Towing Safety, Types of Trailers, Towbar Wiring, Towing Capacity, Towing Laws in the U.S. on Wikipedia
• Tow Hitches
• Dangerous Trailers.org Loose U Haul Trailer Causes Loss of Life – Pedestrian Killed by Loose Trailer – U-Haul Trailer breaks free from pickup truck and kills tree worker on side of the road.
• Dangerous Trailers.org Presents Virginia Tagged trailer I-95 No Safety Chains
• One safety chain dragging on the ground – Improper use of safety chains.
• Hitch failure, but driving with only one wheel on the trailer.
• Overloading trailers is also dangerous and unacceptable.

15 Ways to Cause a Trailer to Unhitch While Towing

1. Improper Installation of the Trailer Hitch or the Towing Mechanisms
2. Using a trailer that is beyond the hitch’s rating
3. Not using the chains
4. Using the chains improperly
5. Using the wrong sized ball and socket
6. Overloading the trailer
7. Using a broken hitch
8. Not latching the ball
9. Not securing the security pin
10. Towing a poorly maintained trailer causing excessive pressure on the hitch itself
11. Improperly inflated tires
12. Loading the trailer beyond the axles weight rating and breaking the axle
13. Failing to double check hitch before driving off
14. Not having brakes on the trailer while pulling a heavy load
15. Driving while distracted and not keeping an eye on the load you’re towing

If you think these cases are easy to prove it’s because you’ve never tried to prove one in a court of law. And if you think that insurance adjuster who makes it seem like he’s there to pay you and just has a few questions to ask for his file, good luck with that one. Later this week (December 15, 2011) I’ll post an article titled, The Loss Prevention Department Assassin. You may find it of interest. I’ll update the link after it posts. 

• 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. 

Many workers, many accidents, all different locations but several things in common to all – risk, not paying enough attention to safety, material handling, moving machinery, trucks-cars all moving with drivers paying little attention to their surroundings and highway construction crews who are sitting ducks with cell phoned drivers paying more attention to the call than the road. 

• Who’s Behind the Wheel of Your Child’s Bus? From Erin Jordan, Reporter for KCRG
• About 40 percent of local school bus drivers have at least one traffic ticket.
• Secretary Of State ‘shocked’ By Pedestrian Death, AP

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.

• Did honesty get Florida lawyer, Melissa Lewis, killed?
• Is the Melissa Lewis Murder Motive ID’d in the Rothstein Plea Agreement with the United States?
• What motivated someone to kill Melissa Lewis, the attorney?
• Rothstein Expected to be Charged and Arrested Today

ASPHYXIA

                                                                                          Dr. J.A.J. Ferris

DEFINITION

The physiological definition of "asphyxia" is complex and often means more than hypoxia.  In the field of forensic pathology, asphyxia is considered to be a consequence of a struggle to breathe against some mechanical interference with respiration.

General Autopsy Findings in Asphyxial Deaths

The following are general findings in death by asphyxia.  Their prominence will vary with individual cases and petechial hemorrhages, in particular, may be completely absent, or extremely rare.  It is also important to note that all of the findings in asphyxial deaths may be found, on occasion, in other circumstances.

1.             Pulmonary edema, with froth in trachea and bronchi.

2.             Bulky, crepitant and over‑distended lungs.

3.             Right ventricular dilatation.

4.             Petechial hemorrhages on the conjunctival and facial tissue, usually above the level of the airway obstruction in strangulation cases.

Suffocation

Suffocation results from the mechanical obstruction to the entry of air into the lungs by obstruction of the external respiratory orifices.  Common agents used are plastic bags, soft pillows, or soft materials used to occlude the mouth and nostrils.

Smothering can be homicidal, suicidal, or accidental.  In homicidal suffocation, there is usually considerable physical disparity between the assailant and victim, or the victim is debilitated by drugs or injury.

Scene investigation may not be helpful.  Some cases of Sudden Infant Death Syndrome have been erroneously attributed to overlying by the mother.

The autopsy findings are subtle and injuries may be completely absent.  Examination of a suicidal death by suffocation with a plastic bag usually reveals moisture on the face and on the inner surface of the bag.

In homicidal suffocations, there may be fingernail scratches, or bruises to the face, or tears to the buccal mucosa.  There may be marks associated with use of a tape or a gag.  If neck compression does not occur, petechial hemorrhages may not be found.  The diagnosis of suffocation may be impossible to establish with certainty on the basis of the postmortem examination alone.

Upper Airway Obstruction (Choking)

The usual mechanisms of asphyxia in choking are mechanical obstruction of the airway, usually involving the pharynx, larynx and trachea.

The most common situation is the so‑called "cafe coronary".  Victims are usually intoxicated, or have pre‑existing neurological debilitation.  Choking occurs suddenly while eating.  The obstructing foreign body may be removed prior to autopsy.  Children may choke on small toy objects, nuts or grapes.

The vast majority of choking deaths are accidental.  Suicides and homicides occur very rarely.

Inhalation, or aspiration, or gastric contents as a primary event is extremely unusual.  When aspiration occurs, drugs, such as alcohol, a head injury, or serious neurological disease process should be sought.  Significant aspiration of gastric contents during an epileptic seizure is relatively unusual.

The autopsy findings in choking, again, may be subtle, particularly if the occluding object has been removed.  Petechiae may be present if significant retching has occurred.  There may be injuries to the buccal mucosa, related to resuscitation.  The right ventricle of the heart is dilated and the lungs hyperinflated and possibly edematous.  Inhalation of blood may play a significant accelerating role in trauma cases, such as those associated with facial fractures.  Aspiration is usually the mechanism of death and not the cause of death and a complete autopsy and toxicological examination are necessary to identify these modifying factors.

Hanging

As in most asphyxial deaths, hanging can be suicidal, accidental, or homicidal, but suicidal hangings are by far the most common.

Hanging deaths result from compression of the airway and neck vessels as a result of suspension in such a manner that the force acting on the ligature is that of all or part of the weight of the body.

Examination of the scene is important.  The posture, position and method of hanging and ligature used must all be examined and injuries, other than those attributable to hanging, require careful assessment and interpretation.  It is important to remember that complete suspension is not necessary.  In most hanging deaths, the ligature and ligature mark lie above the thyroid prominence, with a point of suspension usually behind one ear.  Frontal knots are unusual.  The appearance of the ligature mark varies with the type of ligature used and with the physical characteristics of the individual neck.  Soft broad ligatures may not leave any recognizable marks.  In most cases, the ligature does not completely encircle the neck.

Successful hanging can be accomplished in a variety of positions, including a semi‑reclining sitting or lying position.  The only requirement is for sufficient sustained pressure to be applied to the neck.

The findings at autopsy and hanging include the ligature mark, which is usually abraded and parchmented and may, depending on the ligature used, show specific patterning.  The deepest furrow is opposite the point of suspension and fades as it approaches the knot.  Scratches, in relation to the ligature mark, with the appearance of fingernail scratches, should be documented and investigated.

Petechial hemorrhages are usually completely absent, when the full weight of the body acts on the ligature, but are present in varying degrees of prominence, when the victim is only partly suspended.  Layered neck dissection usually shows completely absent, or only minimal, bruising into the soft tissue.  Dissection of the carotid arteries may show occasional linear traction type tears.  Fractures of the vertebrae do not occur unless there is a significant drop, such as a judicial hanging.

Accidental hangings are far more common in children, than in adults.  They are frequently the result of articles of clothing caught up in machinery.

Auto‑erotic asphyxial deaths usually involve males and occur in isolated or secluded sites.  There may be evidence of transvestitism, bondage, mirrors, cameras, etc.

Ligature and Manual Strangulation

Strangulation results when the application of a constricting force to the neck is such that the force exerted is other than that of the weight of the body.  The two types of strangulation include manual strangulation and strangulation by ligature.  The victims are usually women, children, or the elderly.  Ligature suicides can occur, but the ligatures must be fashioned in such a manner that the pressure on the neck is maintained after loss of consciousness.

At autopsy, in cases of ligature strangulation, the ligature mark is usually horizontal and crosses the neck in the region of the lower end of the thyroid cartilage.  Particularly with ridges on thin ligatures, a furrowed mark will be evident.  Large bulky ligatures may not leave any surface evidence of injury to the neck.  Petechial hemorrhages to the face and conjunctiva are usually prominent, as are the usual signs of asphyxia in the lungs and heart.  A layer by layer dissection of the neck should be performed, with the neck incision extending up to the level of the mastoid processes.  Serial photographs should document the distribution and pattern of bruising to the soft tissue and muscle.

Pure ligature strangulation is relatively uncommon and there is usually an associated manual component.  Consequently, fractures of the hyoid and thyroid are seen, due to compression of these structures against the cervical vertebrae.  Other associated injuries should be carefully sought for and documented, such as scratches to the face, or neck, or bruising to the extremities.  Evidence of an associated sexual assault should also be sought.  Decomposition may render marks difficult, or impossible, to recognize.

Mechanism of Death in Neck Compression

In hanging, unconsciousness is rapid, due to obstruction of circulation to the brain.  Significant obstruction of the carotid arteries can occur with a tension of approximately ten pounds.  Vascular obstruction is the main mechanism, leading to death with neck compression.

In ligature and manual strangulation, incomplete carotid occlusion is expected to occur and the struggle may continue for a period of time.  This accounts for the injuries and petechial hemorrhages evident at autopsy in strangulation cases.  As in all cases of neck compression, the rapidity of death can be effected by susceptibility of the victim to carotid sinus stimulation.  Neck holds used by the police may be extremely dangerous and there is some evidence that cocaine intoxication increases susceptibility to sudden cardiac arrest from vagal inhibition.

Crush or Traumatic Asphyxia

These situations occur when external compression of the chest prevents effective respiratory moments.  These deaths are almost always accidental and occur in situations, such as pinning of the victim beneath an overturned car, or in crowds or mob panics.  In this category also falls the procedure, "burking".

At autopsy, there is evidence of severe congestion and cyanosis above the level of compression frequently with a sharp line of demarcation.  Petechial hemorrhages are prominent and may be confluent above the point of compression.  There may be associated sternal, or spinal, fractures and interstitial emphysema.

Positional Asphyxia

Position alone can cause death.  Victims suspended upside down in industrial accidents may die as a result of the effects of the abdominal organs compressing the diaphragmatic movement necessary for respiration.  Acute positional flexion of the neck in a deeply intoxicated individual may result in hypoxia and subsequent death.

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

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

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

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

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

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.

Ten things we want to know from the accident investigation:

1. We would want to know if there was an obstruction to the view of Mr. Pink.
2. We would want to know the speed of the Beatty truck?
3. We want to know how long any skid marks are along with where they start and stop.
4. We want to know the initial point of impact.
5. We want to know the crush depth into the Toyota.
6. We want to know if Mr. Pink was distracted while driving.
7. We want to know if any driver was under the influence of alcohol or drugs.
8. We want to know the chemical tests from the autopsy report and any administered to the other driver.
9. We want to view the scene and photograph it.
10. We want to interview any passengers.

Things to do right now:

1. Get the ISP Technical Investigation Report with Photographs.
2. Visit the accident scene.
3. Talk with as many witnesses as you are able.
4. Photograph the vehicles involved.
5. Photograph the scene.
6. Look in the vehicles for evidence showing the whereabouts of the passengers prior to the collision.

There are a lot more questions to be answered but this is a start. What we are evaluating is negligence of all drivers and the landowners who have a duty to mow their weeds. Remember right now you want to prove the facts not your case. Your case will be proven, or not, when you gather and preserve the facts.

The Iowa State Patrol describes the accident this way:

NAMES HAVE BEEN RELEASED, VEHICLE 1 WAS WB ON C57, AS VEH 1 ATTEMPTED TO CROSS THE SB LANES OF HWY 63 HE WAS STRUCK BROADSIDE BY SB VEH 2, VEH 2 WAS A PICKUP PULLING A TRAILER, VEH 1 ENTERED WEST DITCH SOUTH OF THE INTERSECTION, VEH 1 CAME TO REST IN DITCH FACING NORTH, VEH 2 ALSO ENTERED WEST DITCH AND FLIPPED COMING TO REST ON ITS TOP FACING NORTHWEST, THE TRAILER SEPARATED FROM VEH 2 COMING TO REST PARTIALLY ON TOP OF VEH 2.

Follow this link to read the Iowa State Patrol’s preliminary report. 

Question:

You know some problems have no good legal solution and this appears to be one of them. The best answer to your question may lie in a personal solution to which the law is incapable of providing an answer. 

Question: How is negligence determined in personal injury cases?  

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

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

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

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

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

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

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

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.”

Here are links to all of these incidents. Remember we’ve been covering wrong-way driving cases for several years so if you want more information due to a relative or friend who died because of a wrong-way driver give us a call we’d love to talk to you. And check out the top reasons for wrong-way collisions, how to recognize when a wrong-way driver may be coming and how to avoid being struck by a wrong-way driver. It’s at the bottom of this page.

Investigators: Wrong-Way Driver Caused Fatal H-2 Crash
KITV Honolulu
According to traffic investigators, one driver is dead and two others injured after a wrong-way driver caused a three-car crash on the H-2 freeway Saturday morning. Investigators said the crash occurred around 2:20 am Saturday on the H-2 freeway ...

Police Log: Wrong Way Driver Charged With DUI
Patch.com
By Carl Critz Gwendoline Woods, 62, of 2 Colony Rd. in Charlestown was arrested for suspicion of driving under the influence of alcohol with a BAC of .15 percent or greater on Wednesday, November 16 around 8:50 pm after a traffic stop on Route 1. ...

Wrong way driver causes fatal crash on H-2 Freeway
KHON2
A 40 year-old Wahiawa man was killed when he was hit head-on by a wrong way driver on the H-2 Freeway Saturday morning. It happened at 2:20 am on the north-bound direction near Ka Uka Blvd. Police say a 21 year-old man from Waianae, driving a 1992 ...

DORAVILLE: Wrong-way driver had multiple DUI arrests
WXIA-TV
DORAVILLE, GA -- 11Alive News has learned that man accused of killing a Doraville police detective while allegedly driving drunk and in the wrong direction on Interstate 20 has had several prior arrests, including two drunk driving charges. ...

Wrong-way driver was four times legal limit
Today's TMJ4
By The WTMJ News Team PEWAUKEE - The driver in a double fatal wrong-way crash in Waukesha County was reportedly far over the legal limit. Dawn Ewing crashed head-on into a car after driving about 8 miles the wrong way in the eastbound lanes on I-94 ...

Driver was DUI in wrong-way I-20 crash that killed Doraville cop, police say
Atlanta Journal Constitution
By Mike Morris and David Ibata A 39-year-old Dunwoody man was charged Tuesday with vehicular homicide and driving under the influence in a wrong-way crash that killed a police detective on I-20 in DeKalb County, authorities said. ...

Wrong-way driver arrested in Franklin burglaries
Daily Journal
Police responding to a report of a home break-in south of Franklin found the suspect, who was driving the wrong way in the southbound lanes of US 31. In his car, they found a laptop computer and a breast pump that had been taken from the home. ...

Wrong-way driver killed, three hurt in Chaska
Pioneer Press
Martin Ballines Rios, 40, was driving south in the northbound lane of Audobon Road at Wildflower Lane just before 7:30 pm when he struck a pickup truck driving north. The truck's driver and two passengers, all from Victoria, Minn., were treated at ...

Wrong-way driver causes deadly crash on interstate
Fox 59
The driver of the Pontiac died at the scene. His identity has not been release. His passenger and three passengers in the SUV were taken to the hospital with non-life-threatening injuries. Investigators say open alcohol containers were found in the ...

Wrong Way Driver Almost Hits Police Cruiser
KRIS Corpus Christi News
CORPUS CHRISTI - For the second night in a row a suspected drunk driver has been arrested for going the wrong way on city streets. A Corpus Christi police officer had to swerve to get out of the way of a Chevy Silverado heading the wrong way on ...

Tests Show Wrong-Way Driver In Fatal Was Drunk - Milwaukee ...
WAUKESHA, Wis. -- Toxicology shows a wrong-way driver in fatal crash was legally drunk. Friday, November 18, 2011.

Wrong-way driver was four times legal limit - 620 WTMJ ...
The driver in a double fatal wrong-way crash in Waukesha County was reportedly far over the legal limit.

Doraville Officer Killed In Wrong Way Crash « CBS Atlanta
By psati
Investigators say a Doraville police officer on his way to work, was killed early Monday, when a wrong way driver slammed into his car on I-20, in a pre dawn crash in DeKalb County.

DORAVILLE: Wrong-way driver had multiple DUI arrests | 11alive.com
DORAVILLE, GA -- 11Alive News has learned that man accused of killing a Doraville police detective while allegedly driving drunk and in the wrong direction on ...

Georgia Police Officer Killed by Wrong-Way Driver - Officer.com
Georgia Police Officer Killed by Wrong-Way Driver. Video. Created: November 14 , 2011. Recommend · Twitter · Share · Print ...

Wrong Way Driver Almost Hits Police Cruiser | Corpus Christi, TX ...
CORPUS CHRISTI - For the second night in a row a suspected drunk driver has been arrested for going the wrong way on city streets.

YouTube wrong way crash driver Shazida Begum banned
BBC News
A woman who admitted driving the wrong way down the slip road of a busy dual carriageway and crashing into two lorries has been fined and banned. The crashes happened in March on the A90 Aberdeen to Stonehaven road. Begum, 21, was fined £700 and banned ...

Driver was DUI in wrong-way I-20 crash that killed Doraville cop, police say
Atlanta Journal Constitution
By Mike Morris and David Ibata A 39-year-old Dunwoody man was charged Tuesday with vehicular homicide and driving under the influence in a wrong-way crash that killed a police detective on I-20 in DeKalb County, authorities said. ...

FOX6 Investigation: What do all nine wrong way driving incidents have in common?
FOX6Now.com Milwaukee
There have been several wrong-way drivers on Milwaukee's freeways, who eventually end up involved in crashes. The latest involved Dawn Ewing, who drove the wrong way for at least seven miles, before hitting the vehicle driven by father of three, ...

Wrong-way driver arrested in Franklin burglaries
Daily Journal
Police responding to a report of a home break-in south of Franklin found the suspect, who wasdriving the wrong way in the southbound lanes of US 31. In his car, they found a laptop computer and a breast pump that had been taken from the home. ...

Wrong-way driver on Hwy. 61 causes accident
Winona Daily News
An intoxicated underage Winona woman drove the wrong way on US Hwy. 61 Friday night, causing one crash that injured a woman before a second driver followed her and turned her in, according to the Minnesota State Patrol and Winona County Sheriff's ...

Wrong-way driver fleeing police goes to HPD parking lot
Houston Chronicle
Clark said York entered the 610 Loop in the Bellaire area going the wrong way and drove to US 290. Oncoming motorists had to maneuver out of his path. At times the chase reached speeds up to about 80 mph. York exited the freeway at Tidwell, driving the ...

SAPD arrests wrong-way driver on suspicion of DWI
KENS 5 TV
by Stacia Willson / KENS 5 A wrong-way driver sent police officers on a short chase overnight, and as it turns out, the suspect may have been intoxicated. San Antonio police received reports about an erratic driver at about 1:45 am Monday. ...

New technologies could prevent wrong-way drivers
Today's TMJ4
Drivers take a wrong turn and end up driving the wrong-way on the highway. The most recent case ended with two people killed. Wrong-way sensors have worked in North Texas. "We had a 44% percent reduction in wrong-way crashes and a 100% reduction in ...

Fugitive wanted in wrong-way fatal crash that killed Queens bar owner George ...
New York Daily News
He was sought for being the wrong-way driver who slammed his girlfriend's car into a livery cab in Queens last month, killing the livery passenger, Maspeth bar owner George Gibbons. Authorities pinched a fugitive in Connecticut Tuesday who was wanted ...

Man driving wrong way on SPID suspected of drunken driving, Corpus Christi ...
Corpus Christi Caller Times
An off-duty police technician reported a blue 1997 Pontiac Firebird going the wrong way on the highway near the Laguna Shores Drive exit, according to a news release. Police stopped the driver, who appeared intoxicated. He failed a field sobriety test, ...

Police: Drunk wrong-way driver kills man | Local & Regional News ...
One person is dead and at least one person is injured after an accident Tuesday night on I-105 in Eugene.
KVAL 13 - Local & Regional News...

Doraville Officer Killed In Wrong Way Crash « CBS Atlanta
By psati
Investigators say a Doraville police officer on his way to work, was killed early Monday, when a wrong way driver slammed into his car on I-20, in a pre dawn crash in DeKalb County.
CBS Atlanta

SAPD arrests wrong-way driver on suspicion of DWI | kens5.com ...
A wrong-way driver sent police officers on a short chase overnight, and as it turns out, the suspect may have been intoxicated.

Wrong-way driver faces DUI charges - WFSB Channel 3
A man from Windsor is facing DUI charges after a wrong-way crash Wednesday night on I-84 in Hartford.

Wrong-way driver on Hwy. 61 causes accident
An intoxicated underage Winona woman drove the wrong way on U.S. Hwy. 61 Friday night, causing one crash that injured a woman before a second driver ...

Wrong-way driver in deadly crash had prior DUI arrest | 11alive.com
Wrong-way driver in deadly crash had prior DUI arrest. 5:28 PM, Nov 15, 2011 | comments. Gene Jones has been charged with DUI in the death of a Det. Shane ...

Wrong-way Drivers on the interstate highway

If you think wrong-way drivers on the Interstate Highway system is a once-in-a-while thing, think again. Look at these reports from Google. It seems like there is an epidemic of wrong-way collisions and crashes out there. We've had several wrong-way drivers and accidents in Iowa.

About wrong-way drivers

Wrong way drivers present an obvious danger to all motorists on our highways. 

The most recent available crash statistics from the National Highway Traffic Safety Administration indicates wrong way drivers are involved in 1.5 percent of all fatal crashes.

Drivers who travel the wrong way on one way highways generally fall into one of eight different categories: 

• Intoxicated driver
• Older drivers who easily get confused
• Purposeful acts including attempts to commit suicide and criminals attempting to elude the police
• Inattentive drivers who mistake an off-ramp for an on-ramp
• Mental defect or disease
• Prescription drug intoxication
• Inexperience
• GPS providing incorrect, inaccurate or confusing information

Safety tips and information related to wrong way driver situations: 

• Watch far ahead for signs of a possible wrong way driver, looking for signs similar to pending problems or developing emergency situations such as other traffic braking or swerving to avoid something, or the obvious - headlights coming in the opposite direction.
• Caution against driving long periods in the left lane on freeways, especially on curves and over a hill or any rise in the road where you aren’t able to clearly see ahead.
• Be aware that wrong way drivers usually drive in the passing lane believing they are actually on a two-lane highway.
• The most common types of wrong way crashes are head-on or sideswipe crashes.

What should you do if you see a wrong-way driver?

• Get to the shoulder and stop.
• If you can’t get to the shoulder, slow down and attempt to safely stop your vehicle by pulling to the right.
• Sound your horn.
• Put on your lights and flash the high beams.
• Call 9-1-1.
• Before getting in the car wear your seat belts.
• Drive in the right hand lane of travel on the Interstate.
• When passing or coming to the crest of a hill look ahead for a wrong-way driver making sure the lane is clear.
• Assume when in the left hand lane of a divided highway that you may come upon a wrong-way driver.
• When driving on a divided highway stay vigilant and pay attention to what is ahead of you. Avoid allowing distractions to take your attention off the road ahead.

How can drivers avoid wrong-way driving?

• Don’t drive drunk.
• When coming to a divided highway come to a complete stop, look at and read the signs, making sure you know which way to go.
• Don’t allow vehicles to the rear to rush you.
• Stay off the telephone when driving.
• Don’t allow distractions to interfere with being vigilant about your driving.
• If you’re a young driver, don’t drive when the other passengers are a distraction.
• If you’re an elderly driver, get evaluated once a year to see if your senses and skill level allow you to safely drive. Don’t be so stubborn about giving up your driver’s license that you ignore the signs of perception difficulties. Invest in and use a GPS.
• Pay particular attention when driving north for southbound wrong-way drivers. For whatever reason there were more of these direction wrong-way drivers than any other.
• Pay particular attention when driving after midnight and 2:30 a.m.

What else needs to happen to reduce wrong-way collisions?

• States could identify the locations of repeated wrong-way entry points. Those points could be redesigned including tire puncture equipment such as we see in use at most parking ramps.
• The Court’s must get very tough on drunk drivers and those who cause collisions from being on cell phones (talking or texting); more than they already have been.
• The DOT should begin an education campaign for drivers to recognize and avoid wrong-way drivers.
• The DOT should begin an education campaign to instruct drivers what to do when a wrong-way driver approaches.
• States should further study wrong-way avoidance road and sign designs.
• State DOT’s should consider a different middle line design with hash marks bent in the direction of travel and against the opposing direction.
• Juries in civil actions need to send a clear message to offenders with large punitive damage awards.
• The DOT needs to evaluate older drivers annually for visual and mental awareness; taking away driving privileges where there is risk.
• Lawyers need to plead punitive damages in wrong-way collisions.
• Victims need to be educated on what to do when they are involved in a wrong-way collision.
• Witnesses of wrong-way collisions need to get involved with identifying themselves to police officers investigating a wrong-way collision. Those witnesses may have very valuable information to helping identify the entry points, causes and preventive measures.
• DOT accident forms need to be amended to allow the collection of information to identify characteristics associated with causing wrong-way entry points, times when wrong-way collisions are most likely to occur and driver characteristics of those likely to drive the wrong-way. Children and friends of older drivers need to get involved with identifying those likely wrong-way drivers.
• States should consider a radio system that would allow public service interruptions, like what is done on television when a weather emergency is eminent. It wouldn’t be perfect (not all radios are on) but something is perhaps better than nothing.

If you’re in an accident on I-35, I-80 or I-235 or any of the other interstate highways in Iowa give me a call. If on I-35 we can help you; so feel free to contact us and as always because we’d rather you call sooner than later.

• Steve Lombardi, 1300 37^th Street, Suite 6, West Des Moines, Iowa 50266
• Tel: 515-222-1110 Fax: 515-222-0718 Email: sdlombardi@aol.com

It may be that checking at the end of each lease term will help identify the host tenant and we may see landlords suing the host tenant to recover the costs associated with cleaning up the building and for lost rents. A clean bill of health via a dog sniffing certification may be required to prove the case. 

Caption Title: Residents of Elsie Mason Manor vs First Baptist Housing

Filing Date: March 15, 2010

Jeff Lipman for the Plaintiffs.

Attorney for Defendants, Mark L. Tripp of the Bradshaw Law Firm and Kevin Driscoll.

Judge Joel Novak ruling in the class certification.

Des Moines Register, Jeff Eckhoff reporting, Judge allows class action lawsuit in apartment bedbug case, November 11, 2011

The High Cost of Bedbugs, NY Times, July 10, 2009

Sleeping With the Enemy (Bed Bugs), Health, July 10, 2009

Elsie Mason Manor & Ligutti Tower Retirement Homes

Location :Des Moines, Iowa

Address :430 Grand Ave 50309

Telephone :515-243-8759

Fax :515-243-0188

Owner: First Baptist Housing Foundation

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. 

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