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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When is enough, well .... not enough?

Boxing Match Cribb_vs_Molineaux_1811.jpgQuestion: Do I have to cover someone's medical bills if I accidentally caused an injury? The guys hand was broke now we have to pay for the surgery and everything else. I offered that day to take him to get his hand x-rayed. He declined and then two days later took himself to the ER and found out it was broken then had to have surgery to put pins in it. I offered to help pay and have paid him $300 so far. Now his next bill he wants me to pay is $1030 and that doesn't included surgery bills yet. He said he will sue me if I don't pay all of his bills. When is enough enough?

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FIFTY WAYS TO FIND LEGAL WORK AND EARN A LIVING AS A PRACTICING LAWYER

shoot-yourself-in-the-foot1.jpg

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.

First I'm going to say, stop ya whining and griping about law schools and how they defrauded you and promised you the moon if you would only pay them $150,000. Let's face it no one twisted your arm to apply to law school. You did it voluntarily. What you are finding out is what we all figured out shortly after leaving law school. That if they paid us what we were worth they would get free labor. My first job was in Waterloo, Iowa. It paid me $17,500 per year in salary, no overtime, no benefits and one weeks paid vacation. When I asked Jim Hellman what hours I was supposed to work he said, "You're expected to work as long as it takes you to get your work done." Fair enough... My student loans were $470 per month, I had three rug rats running around and one on the way. I had no clients, no resources but I was hungry and woke up the same way every morning - I was afraid to be poor. But what I did have was a bar card, knowledge, skills to research and write with an ability to argue a point. And so do you, so stop griping about no one handing you a participation trophy and get busy learning how to be a practicing lawyer. 
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." 
So stop the whining and get busy; your first job is to get busy learning how to be a practicing lawyer and learning skills that will make you a lawyer and a valuable one. After all, let's face it you have near zero skills, no clients, no experience and at this point a bad attitude. So leave the attitude behind and let's get busy mending fences so you become presentable.
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?

HERE ARE WAY MORE THAN FIFTY WAYS TO EARN A LIVING AS AN UNEMPLOYED AND INEXPERIENCE LAWYER

1. Start your own firm.
2. Volunteer at a firm to get your foot in the door.
3. Work, even if you have to volunteer, at Legal Aid to gain experience, learn how to try a case, how to win, how to deal with clients and get to meet other lawyers in the courtroom and out.
4. Read about someone's case, research the issues and send it to the first chair lawyer.
5. Volunteer to assist a County District Judge with research to get yourself into a courtroom, make a friend in the court system who can then sell you, your skills and your determination to be a lawyer. Show some guts and determination.

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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.


 

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: What should I do if my employer assaulted me at work?

Explosion Atomic Bomb -Nagasakibomb.jpgQuestion: What should I do if my employer assaulted me at work? Out of rage, my employer struck me in the face at work. There has been similar behavior in the past. The police were called and a report was filed. The officers said that the charges would likely stick. Should I seek some sort of civil action against my employer as well? Would I need an employment lawyer or a personal injury lawyer for a case like this?

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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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Creepy Crawly Class Action Certified in Bed Bug's Treatment Case

A class action has been certified in Iowa against a lower-income apartment complex by about 300 residents. According to the Des Moines Register article the plaintiffs are asserting claims for “back rent, lost property and other hardships because of a bedbug problem stretching back to late 2007.” Bed bugs are brought in by a tenant and when discovered the landlord is required to treat the infected areas of the building. Costs can be upwards of $1,000 per apartment. Treatment is by chemical or 120-degree heat. Delaying treatment is really not an option. Companies that manage large complexes are checking for bedbugs at the end of a tenant’s lease. The check is made with dogs that sniff out their presence by smelling pheromones the bedbugs give off. For more information about bedbugs go to www.badbedbugs.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. 

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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

Gay Couple Frosted - To do or not to do, that is the question

800px-The_Christian_Martyrs_Last_Prayer.jpgThis story takes the cake, well maybe not…

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

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

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

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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Kardashian-Humphries' big question isn't about the $2m engagement ring; but about how you choose to live your life.

DSC00276.JPGA walk down the aisle is not an investment decision.

As a lawyer I’m supposed to want big legal battles where lawyers make a big pay day. But there are some cases where level heads can save the parties not just money, but a whole lot of emotional turmoil. The Kardashian-Humphries engagement ring fight is one of those cases. I’ve written several blogs on this subject (see below) and they are read quite often. Iowa had such a case but the most famous case involved a Bush and a Chinese tycoon.

“Not every case is like Gerald Tsai vs. Sharon Bush involving an 11-carat canary-diamond ring worth an estimated $243,040. In Iowa we have no-fault divorce and so going-hand-in-hand is no-fault engagements.” 

Kris Humphries might ask: Must Kim Kardashian give back the diamond ring? (That assumes he paid for it to begin with; did he? I have no idea.) Kim’s legion of lawyers may have already researched the issue. But who knows the answer, because TV's reality has nothing to do with real life. 

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Top Ten Reasons by Mountaineers For Not Giving Back the Engagement Ring

  1. I went trekking, the wind picked up and it’s still in my sleeping bag at 16,000 feet somewhere over China.
  2. I was suffering from hypoxia and lost it somewhere on the mountain while attempting to summit Mt. Everest.
  3. It fell into a squat toilet in Phakding, but I’m happy to tell you where to get another.
  4. Out of gratitude, I gave it to the Sherpa that saved my life.
  5. Out of necessity, I needed money for food in Kathmandu and sold it for 10,000 Rupees.
  6. Out of the kindness of your heart, I donated it to an orphanage in Tanzania, Africa.
  7. Just because they could, a Russian soldier took it from me while heading to Mt. Elbrus in Russia.
  8. Due to sovereign debt problems beyond my control, the Communist government in Argentina took it from me when entering the country as I headed to Aconcagua.
  9. Out of luck, I was living with the Maasai for a week while walking across Kenya and it went missing one night.
  10. Out of Africa - You’ll never believe what happened to me as I was on a walking safari between villages… I was outrunning a hippo when suddenly I fell, the ring came off and the rest is history. I can give you the GPS coordinates if you’d like.

Temple Monk.jpg

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After the break up why should I give back the engagement ring?

Everest101.jpgThis week I received another call about an engagement ring dispute. He bought the ring, spend nearly two thousand dollars for it, they broke up and she moved out of state. He’s been trying to get the ring returned, but she’s refusing. I’m guessing she’s enjoying making his life just a little bit miserable. As my mother is fond of saying, “Steve, misery loves company.” Yes Mom it does.

So what is this guy supposed to do about getting his ring returned? I told him to sue her in small claims court in Iowa and force to either come back or else obtain a judgment against her. If I were her I’d just hand it back to him because there will be a day in the future when she has another BF and this is going to come back to haunt her. It won’t look good and sends the wrong message. So why should she give the ring back? Here is a starting point.

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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 ATV Related Death in Sioux Center, Iowa

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

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

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Recent Iowa Cases of Interest

Smoke Blue Stream of Smoke.jpgWhat’s going on in Iowa courts? That depends on what you read and who you talk with. There are many different cases of interest from the Heartland. There is one I just couldn’t help but report about.

High speed chase in Urbandale following a Medicap Pharmacy burglary call. This reminds me of the case involving the burglar who stole the erectile dysfunction drugs. The APB was for a hardened criminal. Which brings us right on to our next criminal case, one for assault.

A better way to get men to ask you out than joining eHarmony, Match.com or any of the other dating sites. This method beats having a Facebook page although the FB page might enhance the publicity you get. Woman Accused Of Hitting Boyfriend Who Refused Sex

A Johnson County judge declared a mistrial in a first-degree murder trial involving a 19-year-old man allegedly shooting a landlord. Whether the prosecutorial misconduct reaches the level where it triggers double jeopardy will be later determined. The mistrial declaration followed the showing a video tape that included references to excluded evidence. Oops!

Big brother has a very fat finger. Traffic cameras capture one license plate but the fat fingered operator entered another and sent a ticket to the wrong person. Poor Sarah Sharpnack has a car with the license plate 972YOB and the video shows a white pickup truck with license plate 972YDB. Hmmmm…. Garbage in garbage out. 

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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.

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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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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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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What's a MoJo?

Journalist Attrib.Graur codrin.jpgThis story is about job creationg and how to create your own job by being a MoJo. A MoJo is a mobile journalist. In this instance the MoJo is one who covers the Cedar Rapids area of Iowa. The Internet has redefined most everything so why not journalism too? A MoJo can take photos, write stories and then sell content via a web links etc. This MoJo journalist is Jeff Raasch from SourceMedia Group News. That’s a great idea Jeff – I like that, a MoJo.

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

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

Click here to e-mail Jeff.

View all posts by Jeff Raasch/SourceMedia Group News →

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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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Act as if ye had faith

Lawyer running to court.jpgHow do I select (pick) a workers’ compensation attorney? 

That was the question posed to me last week. Remember I'm from Iowa so my suggestings may not apply to you, assuming you're from some other state. Then again I could be right on.

I’m not sure exactly how to answer this question without appearing arrogant as opposed to simply trying to help, but it’s been asked before and it’s time once again to apply years of watching some get it right and other's live with a mistake.

Start off with who the lawyer has been in the past. Do you know the lawyers reputation for the work they do? Do you have a friend or co-worker you can speak to about their experiences? How about a friendly lawyer that is willing to talk and can vouch for a lawyer’s reputation. Like real estate, law is local; meaning laws are governed by the state, county and city governments; And since lawyers are licensed for matter such as these by state bar associations you need to know the local reputation of the lawyer.

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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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What is at-will employment?

Scales of Justice tipped.jpgIowa takes great pride in calling itself a “right to work state”. That means simply you can’t be forced to join a union.  Most people that call our office asking about their rights after an injury don't get the gist of really what that means.  There are benefits and there are drawbacks to being a right to work state. I get that there are benefits to employers, but what I don’t get is why as an at-will state, workers don’t have more protections in the event of an injury or ill and have to miss work. That I clearly don’t get. I'm not saying pay them while off, but I am saying save their J-O-B.

You see a right to work state, or an at-will employment situation, is a state that allows its workers to be fired for any reason that isn’t illegal. And what might those illegal reasons be?

It’s illegal to fire someone only if it’s spelled out in the law. And under the VanderPlaats definition of separation of powers the courts would have no room to protect the working stiff sitting before them, unless the Iowa legislature spelled it out in black and white.

The Illegal Firing List

  • Jury duty service.
  • Filing a workers’ compensation claim.
  • Reporting illegal activity, whistleblowers to some degree.
  • Being female.
  • Religious affiliation and beliefs.
  • Creed.
  • Color – It’s not all black and white.
  • Age in some instances. Being young and dumb will get your fired every time.
  • National Guard Duty with some restrictions.

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As The World Turns, June Clever and the American Idiot

Today is bitch & moan day but I got most of it out of my system yesterday. Well that was true right up until I read “Clerk says she was fired for views on justices: Republican lawmaker says that’s not true.” Des Moines Register. This is an interesting story developing about political bigotry and homophobic politics; which by the way is a complete waste of our tax dollars, time that could be better used fixing our economic problems and all of this amounts to nothing more than a huge political distraction to make voters believe something is getting done in the Iowa Legislature, when in fact we know it isn't. Whenever politicians have no clue on how to fix huge problems that they have created, they then seek to create a news distraction to take the minds of the voters off of the real problems. This is just one more example.

Jessica Bruning told the newspaper she lost her job as a clerk for state Rep. Renee Schulte, R-Cedar Rapids, a lawmaker who was one of 56 House Republicans to sponsor a resolution to amend the state constitution to give Iowans a chance to vote to ban gay marriage.

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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.

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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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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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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What or who breached the Iowa DPS Website?

Snow with foot print.jpgInteresting; a few weeks ago I noticed the Iowa DPS site was down and a press release indicated the site had been compromised. It was an unintended Amber Alert that put the DPS on notice that its website had been breached. So what or who hacked into the site and why?

Here is a link to the  press release from November 29, 2010. For those who aren't familiar, the Iowa DPS is the Department of Public Safety which includes the Iowa State Patrol, the Iowa Fire Marshall and a whole host of other critical safety agencies.

The corrective press release said little about what the breach was or who did what and when. What was the cause? Here is the ‘explanation’ from December 14, 2010.

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Trailer Park and Mobile Home Fires

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

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

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Fire Fighter Safety

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

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

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

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

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City of Cedar Rapids Addicted to Traffic Cameras

Adolf_Hitler large.jpgCedar Rapids Iowa has found a different way to cash in on law breakers; traffic cameras catching people being people have raked in $2.6 million in fines during 2010 just in tickets for red lights and speeding infractions. It cost just over $1 million to operate the cameras. That’s one heck of an investment return. Bernie Madoff would be proud of Cedar Rapids City Fathers. But is this how we want to live? Do traffic cameras really add to the quality of our life in Iowa? Do we want to live in a Communist styled state of paranoia? This is a slippery slope and one that leads to corruption of thought.

Perhaps we should have a contest to see how many ways we Iowans can come up with, to dehumanize our cities and towns.

  • How about sidewalk cameras for those that don’t shovel their sidewalks?
  • Or we could pay people a bounty to snitch on their neighbors. That would be a real communist community builder.
  • And let’s not forget spitting. If we pass a spitting ordinance we could make a bundle with camers where people do a lot of spitting.
  • Ugly tattoos or tattoos with little or no taste. If we commission tattoo police we could increase revenues for the road construction companies and others that pay so much in campaign contributions to politicians who then need to pay them back with spending from the public till.
  • Fashion police! Oh that would be great and we could air it on YouTube or one of Iowa’s TV stations and have wagers as to who is dressed the worse; sort of like dancing with the stars. The Iowa State Fair would take on a whole new meaning.
  • And how about selling corporate naming rights for the prisons? We'll need more prisons so perhaps Kinnick Stadium could used as a prisoner exercise yard.

Hey all you young minds, send in your suggestions and I’ll print them. If we are going to act like a communist country we might as well do it right.

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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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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Convenience Store Murders - What's a parent to do?

Sad Young Woman.jpgEvery time I read about a robbery or the killing of convenience store or motel clerks I cringe. Night time store clerks are so vulnerable and exposed to the lesser elements of what society has to offer. Lately I’ve come into contact with a motel night-clerk employee because of a workers’ compensation case where he was shot in the leg during a robbery. And it’s not just convenience store employees. There are hotel and motel clerks that have the same issues except some of those employees are better protected. The problem with protecting the employee is how it looks to the customer. They put the employee behind bullet-proof glass or re-barred window and when the customer's walk in they have to wonder: If you’re afraid of the criminal element then what am I doing in your store? Yeah it’s one of those “Wow!” or an "Oh sh_t! moments".

Here in Iowa we recently experienced a double murder in rural Iowa. This case is different and has hints of heading in the direction of the Coach Thomas case. Based on statement made by the parents of the alleged perp I'm guessing we will see an insanity defense. As disturbing as this case is it’s even more disturbing because of the accused’s disposition as he was taken to the court house for his plea. First know that he’s accused of driving to the first store in Algona (Kossuth County) robbing and killing the 47-year-old female clerk by shooting her in the head. He then allegedly drives 30 miles to another convenience store in Humboldt (Humboldt County) it's reported he repeats what he’d just done by robbing and killing a 61-year-old female clerk. The alleged shooter is a 17-years-old teen from St. Louis Park, Minnesota.

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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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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...

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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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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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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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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Varnum & Becker's Circus is coming to the Iowa State Fair

rakekniven-free-climb-519303-sw.jpgBecause it’s Friday the 13th I wasn’t sure what the subject of this post or the title to this post should be. Several ideas I had were:

  1. Guilty By Reason of Shooting the Popular.
  2. Varnum & Becker’s Circus is coming to the Iowa State Fair.
  3. If Mentally I'll, Be Smart, Shoot Only the Un-Popular, or
  4. It’s not popular to shoot the popular.
  5. An insane decision can make everyone in Iowa feel better.

Obviously number two won out over 1 and 3.

Now to the circus coming to town… ee-i-ee-i-oooo. Mark Becker did a terrible thing in killing Coach Thomas, but did that give us the right to do an equally bad thing like lock him up like a criminal for the rest of his life? I don't think so. I'm not sure what their mothers and fathers taught them, but mine taught that two wrongs don't make a right. In this case the jury tried to do just that. Mark Becker was insane and finding him guilty and not innocent by reason of insanity was insanely illogical. If you doubt this logical conclusion look at the insanity now taking place in where to place Mark within the Iowa correctional system.

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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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How do we discourage not thinking and driving?

tongue_texting.jpgTexting while driving is like driving while drunk and sooner or later we will have to pass a law requiring people to just think. 

It applies to adults and to teen drivers so get the message. Reading, writing and sending text messages while driving a car, a truck, a motorcycle or any other motorized vehicle is now banned under Iowa law. If an officer determines the violation of this law led to an accident the fines are stepped up.

But how will we know if the officer doesn’t confiscate the driver’s phone?

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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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How can law school graduates find employment?

Whoever came up with the idea of a wallet fitting in a back pocket must have known something we’re forgetting.  Sitting on your wallet is a constant reminder of how that money is made.  Maybe that was the reason why for most men’s wallets were designed to fit in our back pockets. Here allow me to make my case for the American dream.

One day last week the American dream walked in the front door of my office, sat down in front of my desk and tried to export the law firm’s earnings.  And that reminded me once again why the American dream is just that; a dream.  The Yellowbook representative stopped by to sign next year’s contracts for advertising the law firm.

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Campus drinking leads to death of ISU architecture student

The first question is who bought and served her the alcohol?

Previously we covered the ISU student's death from being struck by a train back in April. Toxicology reports are back from the lab and are reported to show her BAC as "more than twice the legal limit." The news report indicates sources identified her as having "spent time at Project 20-20, a bar allowing anyone 18 and older to get in." She was a 19-year-old architect student from Woodbridge, Virginia.

The second question is what did the bar do wrong?

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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.

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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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