Steve Lombardi was born and raised in New England and in 1975 moved to the Midwest to obtain his undergraduate degree from the University of Iowa. In 1981, he graduated from Drake University Law School. During law school he worked as a private investigator in a five state region of...
Here are another 12 wrong-way interstate highway driver accidents in the news. This group includes wrong-way driving events from the following states: Connecticut (intoxicated driver); Alabama (driver being sought); Texas (intoxication manslaughter); Montana (driver reportedly charged with six misdemeanors including driving under the influence and drug possession.); another Montana wrong-way on I-90 (appears to be a mental health issue); Wisconsin (erratic driving with cause unknown driver died), South Carolina (I-26, DUI arrest); Texas (Sam Houston Parkway, driver died, cause not stated); Montana on Highway 40 (driver died cause unknown); Forth Worth, Texas on I-35 and arrested for suspicion of intoxication manslaughter and endangerment of a child; Lake Mills, Wisconsin on I-94; Houston, Texas on Highway 290, raw video still working; and Montville, Connecticut (charges related to drunken driving).
"Let's take away their right to buy booze. Taking away the driver's license isn't enough."
Wrong-way driver charged with DUI Norwich Bulletin 4, 2010, Ellen H. Noordzy, 22, was reportedly driving the wrong way on the southbound side of I-95, in the area of exit 93, when state police said she struck a southbound car head-on. The two occupants of the car Noordzy hit, Bruce A. Wall, 22, ...
A 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.
I ran across several articles posted on the Insurance Journal’s website. One title was Study: Cost for Non-hospital Services in Workers’ Comp Highest in Wisconsin. The title alone suggests there was some kind of a study that proves the point of higher or the highest costs for workers’ compensation programs in several states. Studies are supposed to be independent and the use of the word in the title is supposed to do the same; suggest independence from bias. But that’s not the case here. This ‘study’ was conducted by the WCRI.
The Workers Compensation Research Institute touts itself as the leading independent research organization researching and analyzing workers’ compensation issues. But it’s anything but independent or objective. First of all the “group” is not open to the public, it’s private and not anyone can join the group. Where are the lawyer members who represent injured workers? To gain access to the WCRI site you must apply for membership, a method employed by groups who do not wish members who might display objectivity that might question their methods or conclusions. These types of groups are the one’s buying influence in Washington, DC – the same ones that have our Congress in their back pockets.
A recent article I read interested me from a professional standpoint towards workplace safety but I thought it missed a major point about litigation. This article of interest explores the dangers of being a farmer, but ignores the contribution of civil trial lawyers. With this I take exception.
The article written by Rick Ruggles of the World-Herald out of Omaha, explores the dangers, past and present, of farming in rural America. While the article points to engineering as making farming safer it fails to point out how lawyers have contributed to pressuring the re-engineering of farm equipment to make it safer.
Like it or not, lawsuits have done much to make farming a safer profession.
The three examples that come to mind are unshielded PTO shafts, augers and tractors sold without rollover protection (ROPS). Those three pieces of farm machinery did more damage to limbs and took more lives than probably any other dangers in farming; one still does. Manufacturers packed the standard writing organizations with like-minded engineers who argued changes weren’t feasible. Farmers continued to die while lawyers poured their own funds into litigation suing manufacturers to force loftier engineering standards that ultimately resulted in safer farming equipment.
Of course farmers should hug us not hate us.
So say you hate us all you want, but we ain’t going away and it has everything to do with life and limb compromised by unsafe products and services. And as personal injury lawyers we know better than to simply catalogue the progress without following the money; our money and what it’s done for farm safety. Turn us away from the courthouses and you shortchange yourself and increase the risks you face while farming. It's pretty simple and sometimes referred to as the Golden Rule. Do unto others as you would have them do unto you.
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.”
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.
My office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa. The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.
We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.
These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.
Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it'snot available. The Sheriff's offices are little or no help.
Local knowledge washes away with the filing of a lawsuit. If there is no lawsuit every farmer will know who’s cows regularly get out onto the highway and who has lousy fences. File suit and it’s like you are on another planet. Everyone has amnesia. The locals go mute because they are for the most part deaf, dumb and half blind.
Another film director stands accused surrounding Iowa’s film tax-credit program. See the linked article below.
It’s all going to come down to whether Wheeler, the former film chief, approved the expenditures and if he did, should those benefiting have believing the approval to be reasonable and legal under the law. What’s gone on with Iowa’s film credit tax program has been an eye opener for the state as well as a black eye. What should have been a good thing for the state has turned into a mess.
Barbara and I just returned from Beaufort, South Carolina where The Big Chill was filmed. (See Internet Movie Database)Having a blockbuster or classic film shot in a community can add to the culture and mystic. But doing it the way we did has to send a message to stay away.
As a personal injury lawyer it’s my business to worry about girls with ponytails.
I took a break from blogging, but I think I’m back. Then again who knows, but here is why I took a break from blogging.
I’ve been blogging for four or five years. Frankly I can’t recall because how long I’ve been writing is meaningless as to whether what I write is worth reading. I write how I feel and think about law and what I do for a living as a personal injury lawyer. Blogging on the LexBlog site is more therapeutic than anything else. So what happened that made me stop writing?
First and foremost you have to know I’m a personal injury attorney. Most people dislike us and what we do; they think we are greedy. I probably am because I hate being poor and my mother raised me to be a capitalist. But I won’t make any apology for what I do or how I do it because what I do is too important to stop.
For 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.
What’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.
A 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.
There are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers’ compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel. The matter was a trip-fall type of claim. We lawyers refer to them as premise liability cases. Premise liability is a difficult case to prove, you really need an artificial defect in the property to win these cases. By artificial defect I mean something created by the owner, the lessee or the business that increased the risk of injury.
A snowy or icy condition in Iowa during the month of January in the first minutes of a storm isn’t in and of itself going to get anyone excited about your case. On the other hand if the shop owner has allowed snow and ice to accumulate for a week without walking outside and shoveling it, that might get someone interested in your case.
A few years ago I wrote a post about the social security benefits case involving a child born by in-vitro fertilization following the father’s untimely death. Apparently the father died of cancer, but before dying they froze his sperm and after his death the mother of the child was inseminated, gave birth and thereafter filed with the Social Security Administration for dependent death benefits. The legal question involved whether the child was ever dependent on the father. The answer at this point in the litigation from the U.S. Court of Appeals is no.
Frankly Poor Mr. Galvis; I feel sorry for him. I’m not surprised he got nothing, because I’ve been talking about it now for quite some time. I don’t blame the lawyers at Worby, Groner, Edelman & Napoli Bern because they are in business to first pay the bills and second to make some kind of a profit. But how do lawyers make a profit with a $10,000 case when we have so many liens and subrogation interests to protect? As lawyers dealing with health insurance subrogation, child support liens, auto insurance medical pay subrogation interests, Medicare, Medicaid, Title XIX and employee benefit plans under ERISA we are left asking who we represent.
Iowa'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.
Listening to personal injury clients discuss and distinquish the McDonald’s verdict case from their own is like drinking a cup of sulphuric acid while watching Rain Man.
Again in very short order, the McDonald’s Verdict was brought into the coversation by two of my clients. Each of these people has a serious injury case, a personal injury case, where they believe their case is somehow much different than the issues in the McDonald’s case. There is no difference, but people are very good at convincing themselves a jury will somehow see their case in a different light. They won’t. At least not until people begin to understand the reason why McDonald’s got sued, why the verdict was correct and why reducing the verdict was clearly wrong. The McDonald's case was not frivolous; if it was then so is yours.
THE DELUSION: “I’m the Mother Theresa of personal injury; while Mrs. Liebeck is the Devil incarnate.”
Ronald didn’t get sued just because the coffee was hot; RM got sued because of the extremely high temperature of the food being served. Yeah, really there is a difference you morons. The coffee wasn't just hot, it was so hot that it could literally melt a person’s skin. When handled, and the top was either removed or came off, the contents weren’t just inconvenient; they were highly dangerous to any human being with a brain. Hot is hot, but when the contents are so hot that it can cause your skin to literally melt, then, (your morons) the contents aren’t even edible. Do you know what the word edible means and that food served is supposed to be edible? Get it, edible means you can eat it and isn't food you pay for supposed to be edible? Just like drinking acid, coffee at the temperature it was being served at on that day, can't be drank. It's inedibable! What do I have to do pour you a cup of acid to make you understand this concept? Are you really this inanely moronic? Why in Heaven’s name would a restaurant sell food that isn’t edible? Does that make sense to anyone who’s ever eaten out? How is serving a liquid drink that isn’t edible any different than serving a cup of acid?
Don't do what an idiot would do!
Give me a break! I'm so sick and tired of morons discussing this case that jumping off a bridge seems a whole lot more interesting.
Make Politicians Publicly Disclose their Stock Options within 24 hours of Purchase
Ask yourself this question: Was the financial crisis a gold rush for some? If it was then why wouldn’t government officials choose to engineer economic fatigue into the American economy while buying options to short the market?
I’ve been wondering about a few things lately:
How do elected officials get so rich on the salaries they receive?
Is the debate before a bill is voted on engineered to cause delay while officials purchase stock options in companies that will benefit from public spending?
And lastly, how stupid do they think we really are?
Ask yourself: Is there a way people make money from a market downturn? If people can make money by shorting the market, then who does it and are any of them elected officials? Shouldn't we know if elected officials are shorting the market? And if they are, how can you do it to make millions right along with our elected officials? One way is to force elected officials to publicly disclose the purchase of all stock options.
Make Politicians Publicly Disclose their Stock Options within 24 hours of Purchase
Wall Street’s Shadow Market by CBS – A swap is nothing more than insurance, but they call it something other than insurance to avoid being regulated.
In 1996 I tried a defamation case on the theory it takes a lifetime to build a good reputation and only minutes to destroy it. That statement is as true today as it was then. If you do a search for “gay marriage” on the Iowa Edict you’ll find several blogs about the subject. I’m not gay; neither is my wife and so far none of my neighbors have admitted to being gay. My brothers aren’t gay, nor my mother or my sister. My father is dead and most of my aunts and uncles have stayed happily married for eons so it’s doubtful they are gay. I’ve got a cousin that I wonder about, but he’s not come out of the closet so I too say nothing. But a couple of a former wife’s siblings are openly gay, as are some people I call my friends and so this issue impacts people I know and love.
For most taxpayers we could care less about this issue; we care that they work hard and pay their fair share of taxes while avoiding fraud, robbery and murder. Some of my friends are homophobes and it’s interesting to listen to them use the Bible to try and support their homophobic ideas about creationism. Enjoying the thought that God has a humorous side I can only hope he makes their children gay. Wouldn’t that create a conundrum for them? Do I love my child or shall I be like Dick Cheney? So every night I pray that God will make their children openly gay and that Trickey Dick II one day pays for his sins.
Iowa’s gay marriage decision is from the Varner Court which resulted in three Iowa Supreme Court justices being given their walking papers and has Iowa’s political elite committing historical Hara-kiri aka Seppuku.
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.
When I read about this story the overriding question in my mind is whether there is a basis in these alleged facts or has this freight train prematurely left the station?
The seriousness of the allegations will raise questions about the truth of those allegations. After all this is Iowa, not some third-world country with Daffey Duck as the head honcho. The shocking allegations mean the lawyers involved will have to answer questions in anyone’s mind about who is saying what and what evidence they can provide to substantiate what is alleged. If you can't prove it you shouldn't allege it. Follow this link to read other stories on this issue.
I received a call from a reporter wanting to discuss the series I wrote on the medical apology shield. Like Participation Trophies the Apology Shield is society acting as if a lie is somehow the truth because enough people wish the lie were the truth. To prepare for the interview I read my old posts and once again I'm reminded of the Bush Era and its glorification of dishonest living coupled with its evil cousin greed. It makes me wonder aloud; who the brainless twit is that came up with the idea of the apology shield in professional negligence cases. They should be hung, drawn and quartered.
I do appreciate that good professionals make honest mistakes and that some professionals really are sorry for the hurt and inconvenience they have caused the client and patient. So trust me when I say I'm not picking on anyone.
When we talk about justice in America we're really talking about justice brought about by the people, not by judges who are tools of the establishment or prosecutors who are are equally tools of the establishment or the wardens or the police officers. William Kunstler
The lawyers for plaintiffs' and injured workers are still (barely) in business, because the defense lawyers and the insurance companies need us so they can continue to make huge profits by ripping off the public through 'promoting the float'. Without us there would be no need to have defense lawyers or so many insurance adjusters; and it's the defense lawyers and legions of adjusters who create the illusion there is a need to protect the insurance float from greedy people who get injured through no fault of their own. Most people believe this nonsense until it's them that is the injured one.
The float is the money they take in as premiums, then deposit it and invest it.
The float is the key to insurance companies making enormous profits and it alone accounts for the success of Berkshire Hathaway. With the float tucked neatly away, the insurance companies can act as hedge funds and investment banks; going about their business of reaping huge profits for the directors, officers and shareholders of the entirely successful major casualty insurance industry. You and I, the plaintiffs’ bar, are necessary window dressing that allows the accumulation of an enormous float for paying insurance exec bonues. Without us they lose any semblance of being legitimate. Without us the charade would be over and there would be no reason to accumulate the bloated float. So you see they need us; but also they need to create the allusion that it's us causing the public to need protection. And that's the reason why they cook statistics to exaggerate how many personal injury lawsuits there are.
It’s also why the insurance industry needs large jury awards. Large awards create another allusion. Talk about one verdict 100 times and people think there are 100 large verdicts. One large verdict is sweet and sour sauce to them. Because when one plaintiff is awarded millions in a medical malpractice case they are reminded why they love to hate us. The announcement of the one large verdict provides an enormous marketing incentive that scares billions of dollars in new premiums into the insurance coffers. And that’s really what the McDonald’s verdict smear campaign was all about. It was the perfect marketing incentive trigger, because it provided motivation to unsuspecting insurance suckers.
Really we all work for Geico, State Farm, Liberty Mutual, Allied, USAA, and all the other corporate float machinery that is ripping off the paying insureds.
Like I said last week, don't wonder why lay people hate lawyers. They hate us because we act like instruments of the devil. Workers' compensation benefits in Iowa has turned into a con game played by insurance fools with little to do except justify their own sorry existence while they promote the float and their own job.
On this one day my client from Florida who drove a truck over-the-road and across the country was told he had to come back to Iowa during the winter to get medical care and to sit in a terminal to live and serve out the "healing period". I kid you not. The entire process with OTR truckers is to make their recovery so unpleasant, that they quit so the employer no longer has to pay them during the healing period. If anyone thinks someone is being fooled, you're naive. No this isn't a communist country, it's Iowa. A surprising place where we now treat people like animals in a zoo. Here is the letter I sent to the insurance maggot.
I'd had one of those days; you probably can't understand because I've been doing this long enough that like Oreo I've had just about enough some days. Not with my clients mind you, but with the insurance adjusters who could care less about people and more about some stupid inane corporate policy, that they get a bonus to blindly apply.
Thirty long years and you begin to despise these people who work in claim's departments in the insurance industry. They are vermon, dispicable morons without a soul, a heart, a conscience or a heart.
Okay but I'm getting away from my main point which is that on this day I felt compelled to write this letter to the morons in California at Workmens. I've redacted the actual names but the rest is pretty much what I wrote.
Previously I wrote about the poor client whose case had drug on for over 900 days with the defendant admitting liability, but the insurance company not even offering a single dollar. See the linked article and I'll remind you that this small case has had 5 insurance companies, 9 adjusters, a defense lawyer and 26 medical service providers. The case is all about keeping the insurance industry and the defense establishment fat and happy - it has little to do with the two people that want this all to be over with. (The two car drivers.)
Just when I thought it couldn't get any worse a story comes out about the insurance company involved, Farmers Insurance Group, [FIG] confirms that the insurance industry is conning us all. You see FIG is spending $700 million to have it's name on a stadium that isn't even built yet. I bet they didn't take over 1,000 days to make that decision. In this shell game there is nothing for the working mother who has the bad luck of getting in a car accident and having the other guy insured with FIG; but there is $700,000,000.00 for the NFL for a stadium that is yet to be built.
Score: NFL-FIG - 700,000,000 vs Working and Insured Taxpayers of America - 0
Insurance arrogance in America is something the lawyers that represent working mothers and fathers face daily. We see the hypocrisy of blaming insurance claims for having a negative effect on underwriting and insurance premiums in general. But that couldn’t be further from the truth and if you think about it you'd see that, because even when claims drop premiums head north. If the truth be told its CEO arrogance that costs you who pay the premiums. Look at this article and the letter I wrote this past week to the defense attorney for Farmers Insurance Group (FIG). The case is a simple rear-end collision that has gone on more than 1,000 days since the date of the accident. As of yet I don’t even have an offer to settle and won’t until we reach the courthouse steps. And why? Because that's FIG's business model. What most working people don’t realize is that until you have an accident and get to experience the system you won’t really understand what tort-reform is all about. It's all about promoting the float.
If image is everything to the NFL, then ditch FIG and their $700 million.
Okay about a week ago I wrote about how Wall Street was making the acquaintance of Mr. Tort Reform who likes living on Main Street, but who seldom shakes the hand of those marauding the halls on Wall Street. Well this week we had two very interesting stories about Mr. and Mrs. Tort Reform popping up again. First we have President Obama playing up to Wall Street and mentioning reform in the area of medical malpractice (this means letting those who can best afford to pay for their professional mistakes be free from taking financial responsibility for the misery they cause to patients) and then Congressman Kucinich- broke a tooth in the cafeteria and is suing the federal government or its vendor for $100,000.
Is the legal system rigged against people; and in favor of big business or does it just seem that way?
People believe the law has the ability to go whichever way the judge wants to decide the case. It’s what people refer to as result-oriented reasoning. If you want a certain result you pick these legal principles and the result is possible. That’s how people view the law and frankly its how most lawyers and judges do, except we don’t admit it publicly. Today’s case has a result that most people will find offensive in that the proof required to prove a fact seems watered down in favor of an insurance company winning. If we asked the court to believe what this insurance company did, we'd lose ten out of ten times.
Why if you yell "Fire!" in a movie theatre is it a crime?
Spartanburg County, South Carolina - A 78-year-old vet was arrested and charged with making threats against the President after saying he’d like to kill the United States President, Barack Obama.
A shock jock and blogger was found guilty of threatening to kill three federal judges in Chicago, Illinois; it appears from the report he did not say he wanted to kill them, but that he believed they deserved to be killed.
What is hyperbole? When is hyperbole considered a crime? Is the suggestion of killing the U.S. President different than saying you will or want to kill the U.S. President? When is free speech not free? When is a U.S. Citizen's right to free speech curtailed in favor of expediency?
This 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.
A 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.
I did a quick search of the Iowa stories on the notion the remaining four justices that authored Brien vs. Varnum (the gay marriage license case in Iowa) and came up with a list of stories that is both interesting and disturbing. To have lived the law for over 30 years and assisted people, not corporations, with people problems of significance to their lives, I must say this one stumps me. We have so many economic problems right now; and so it’s difficult for me to understand why the gay marriage license issue is worth all the time, money and effort being put into it. Vote No morphed into what now appears to be a show-down in the Iowa legislature over judicial impeachment procedures involving the remaining four justices. U.S. Supreme Court Justice Scalia’s strict constructionist point of view expressed this week further inflamed those proposing impeachment. To say that a point of view about Constitutional law is a reason to impeach a Justice is to ask for a dumber society and a pathetically weak judiciary. Points of view are nothing more than an opinion, but in the case of the judiciary it’s a learned point of view developed after law school and a long distinguished career. How did we ever get to throwing justices out of office because of a learned point of view? This is a prime example of the tail wagging the dog. If you want Judges and Justices with no backbone, a lack of intelligence and the will to do nothing, but what the public asks, then just keep up the flames of the impeachment process.
Today we are covering several more wrong-way collisions, drivers, events and incidents on our nation's interstate highways. I've been following these for several years hoping to make people more aware of how they occur and more importantly how to avoid being a wrong-way driver. If you get clobbered by one it's likely you will be seriously injured or even killed. So knowing how to avoid them is equally important. I post more of these than I really would like to be writing about, but it is what it is so here are more news stories telling us all about wrong-way drivers across the United States. At the end in the footer I’ll list my suggestions on how to avoid wrong-way drivers and how to avoid being a wrong-way driver. Enough said; if you’re injured by one give me a call and we can talk about your legal rights. Onward we march...
I 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.
Today the question presented would be something like this:
Should the medical examiner be reporting physicians to the Iowa Board of Medicine concerning standard of care issues? Or, if an Iowa ME sees questionable deaths is it his/her duty to report it to the Iowa Board?
According to a Des Moines Register article wirtten about a libel suit between the Woodbury County Medical Examiner [ME] and a surgeon this ME did just that; he reported to the Iowa Board of Medical Examiners something he questioned and the lawsuit was ‘tossed’ by Judge Reade. But I don’t think that’s completely accurate. I believe the suit is still alive although portions of it have been ruled upon in a way that is adverse to the plaintiff, but favorable to the defendant. The ME reported a doctor for what he thought were standard of care issues. I’ve not completely read the decision but will guess the main issues were immunity from suit.
Okay, I’ve located the opinion and I’ll add this link and add the decision to my site under defamation. The Order is 40 pages long. I can see both sides of this argument. On the one side you have the ME’s role as a government official and medical doctor protecting citizen patients. On the other side you have a doctor spending a considerable amount of money, $200,000, defending himself against the charges. No one will be happy with this controversy.
Here is the Judge's conclusion from page 39 by the Court.
Cedar 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.
I chose this title because interpretation of the Iowa Constitution isn’t a matter of public opinion or the will of the legislature; it’s a matter of judicial study over a long period of time and after a lifetime of education, training and professional development. To believe or hope that the Iowa Constitution and the rights it created are something a person without a law degree can interpret is asking for chaos. In this case the Vander Plaats interpretation is complete and utter foolishness which if implemented would lead to lawlessness.
The latest Des Moines Register news article is Vander Plaats pushes four justices to resign. It’s in the Des Moines Register the day before Christmas, December 24, 2010. It’s a good example of the tail wagging the dog. Someone who is not a lawyer, a judge and has no background doing much except running for office – telling people of this state how to pick judges and worse yet, how they should interpret the Iowa Constitution. If it continues to work in his favor then I’m going into the business of telling farmers which crops to plant. After all I know what I like to see growing as I drive aimlessly down the roads and highways of Iowa.
If you want evidence of true Iowans corroborating the small mindedness of Iowans, just listen to the silence from every other politician holding public office. They stand silent and idly by as the judiciary is dismantled in the name of bigotry.
Hickory County, Missouri – I ran across this little noticed news story about an accident in Missouri where one Iowa resident was killed and another person injured. The person that died was only 45-years-old, the driver 49. According to the report the driver said the steering on his car failed, causing him to lose control. The car went off the pavement, into a tree and then turned over. The passenger was the person that died. She was Judy Shaw and she was wearing her seat belt. On this blog I don’t normally mention names, but in this instance I will hoping to catch the attention of her friends and relatives, because there is a reason having to do with a potential claim and how they must preserve the car in order to be able to have the case evaluated. Preservation of evidence is something I've written about previously. So listen, please.
The point goes back to systematic destruction of evidence and what you need to do to protect your legal interests. Face it, your insurance company isn't really your good neighbor and you're not in good hands with most. And I don't care how many awards JD Power & Associates handed you because when it comes down to the insured's legal interests you all get an "F". The insurance industry sees nothing to be gained by helping you with a potential personal injury or death claim. So... if the car is defective it's up to you to preserve it. Read the post titled Systematic Destruction of Evidence from November 24, 2010.
I wish I had written Varnum versus Brien. I’m jealous that I wasn’t the author because I would not be sitting on the sidelines taking all those sucker punches from Vander Platts and King Terry. King-to-be- Branstad and Prince Vander Platts have an aura of legitimacy, but that’s it. By their words, the anti-gay vote proved that the Iowa Supreme Court’s Varnum Decision was the only right and just thing to do. The agenda advanced by the anti-gay movement is right out of the history books. Just read the poem by Martin Niemoller from his internment by the Germans in a Nazi concentration camp.
They came first for the Communists,
and I didn't speak up because I wasn't a Communist.
Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist.
Then they came for the Jews, and I didn't speak up because I wasn't a Jew.
Then they came for me and by that time no one was left to speak up.
The headline reads “Two injured in I-470 crash” and the story is about a semi-truck and car crash in Kansas. The Kansas Highway Patrol investigated this two-vehicle accident caused by a rear tire on a 1988 Mercury Grand Marquis blowing out and causing the driver to lose control. Believe it or not, this one may actually be a case based on a failure to do maintenance on the car. We all have a duty to properly maintain our cars and trucks and to not drive an unsafe car on the highway. In this instance the injured passengers and those people in the other truck need to preserve the tires for evidence. Photographing the tires to show the wear and tear along with the tread depth on each is not just important, but necessary evidence. My guess is they are mismatched and the tread is pretty worn. That’s evidence that needs to be preserved. So this seemingly small case presents us with a lesson in evidentiary preservation.
I’ve lived in Iowa since 1978. I arrived on a bus from Chicago via a train from Providence. With me I had one trunk and a typewriter. The trunk was large enough that no taxicab driver would stop to give me a ride. I finally figured it out and hid the trunk behind the electric train's iron support beam and stood there with only the typewriter. Once in Iowa City I stayed overnight in a local hotel before being picked up the next day and dropped off at temporary housing in Reno Hall. Everyone thought I talked funny. I admit to being different from Iowans in many ways. What I soon discovered about Iowans was how accepting they were and surprisingly how open-minded. People back home asked why Iowa? (Actually they asked why Idaho, or Ohio or Utah… but we won’t talk about New England’s version of geography.)
I chose Iowans as much as I chose Iowa because the people were honest and if you were willing to work hard and save you could get ahead. New England had long ago priced young people out. Iowa had not. New Englanders for all their strengths had a weakness for outsiders. Back then Iowans did not. But, after the ouster vote I’m starting to think otherwise about Iowa; which is probably why I keep writing about this subject. It pains me to see this side of Iowans, because it seems so unlike Iowa.
Thirty years in the practice of law teaches you a lot about listening and reading between the lines. In the case of Bob Vander Plaats calling on the other four Supreme Court justices to resign he’s showing his cards about what is really on his mind. The only remaining question is whether the public is smart enough to see the slippery slope Bob’s plan entails. What Vander Plaats wants to accomplish is packing the court with activist judges who will rule against abortion and any other law he and his backers don’t like. If allowed to accomplish their goal they will turn back the hands-of-time and make changes no one wants. They will be free to turn them back to when some of us couldn’t own land in our name because we were female, some of us had to ride in the back of the bus because of the color of our skin and red-lining neighborhoods so the lower income Iowans wouldn’t spoil the economic class of a neighborhood.
It appeared to me that Governor elect Branstad last Monday in commenting about the judicial nomination committee encouraged those on the board to ignore the constitutional provision on equal protection and to not follow the law of the Iowa Supreme Court as it pertains to same sex marriage. Some may argue that’s not what he said, but semantics aside that’s exactly what he proposed the lawyers and other lay commissioners do. By making such a comment, he himself a lawyer, acts contrary to the rules of ethics we all swear to uphold and in violation of the oath he will take as Governor. As the Governor of this state by saying he would ignore the clear dictates of the Iowa Constitution, he is telling us he intends to violate the oath of office he will swear to uphold. If you don’t believe me then you should read it for yourself.
Already having pleaded guilty to federal charges in a $1.3 Billion Florida Ponzi Scheme a woman is free while she cooperates with the U.S. Government. The law firm where the Ponzi was being carried out is now bankrupt and shuttered. So the office manager finds herself unemployed. My source sends me a news story from the Sun Sentinel where it’s reported she’s receiving unemployment benefits provided by the law abiding taxpayers in Florida. How is this possible? What public policy awards convicted criminals who are awaiting incarceration? Why isn’t she in prison while she cooperates with federal authorities? This is all a part of the Participation Trophy Syndrome thinking.
Growing up in a seaport town you learn early that when rats are leaving the ship it means it’s going to sink.
Following the stock market meltdown I’d hope corporate America would change how they view and treat the stockholders. That is a hope we will never realize. This next story made me wince at the thought of how naïve some boards and CEO’s see the shareholders. Let me set this one up with a short explanation. Normally when a company issues stock the board approves the offering for the purpose of growing the company and increasing the value to shareholders. So if you were to issue $10,000,000 of new stock and not use that money to grow the business you would essentially be taking $10,000,000 of value from the shareholders. It's referred to as dilution. With a company having a market capitalization of $691 million dollars that’s a significant dilution to the shareholders. Now read this article that was in the Iowa business newspaper.
You can do this personal injury work only so long before it’s clear to you that the system is rigged to make money for insurance executives and not to resolve personal injury claims. To the insurance executives that run our insurance system, injured people are nothing more than a necessary evil, a mere nuisance. For that matter so am I. They love to hate me. The system simply tolerates injured people while claiming payments to them are a waste; all the while the system is the waste that feeds the pigs running it.
I have a client with a small PI case involving a rear-ender on an interstate highway where the traffic came to a standstill during rush hour. Liability can’t be any clearer. I’m sure the guy that ran into my client is as tired of the insurance BS as we are on the plaintiff’s side. It’s been going on for over 900 days and we are nowhere near getting it resolved because the jack-ass adjuster is too busy papering us to death for the sake of justifying her job and the entire insurance defense team of jag offs. Read my latest letter to the adjuster and see if you don’t agree with me. I’ve redacted the names to protect the innocent.
I was watching the news last week and story came on about a Des Moines Police officer who while apprehending several armed suspects, broke his ankle . What made this story so newsworthy was the fact he did all this while his unarmed civilian wife sat in the front seat of the patrol car. At first I thought, this can’t be department policy, that officer is going to get in trouble, why is he giving an interview?
Encouraging your spouse to ride along with you in a squad car makes about as much sense as handing out steak knives in a prison.
Apparently I wasn’t the only one asking that question, because the very next day this story appeared explaining department policy and why the officer would not get in trouble.
FARMER SNOOK: "YOU CAN'T MAKE A SILK PURSE FROM A SOW'S EAR"
How can there be any question that applicants for the Iowa Supreme Court will be affected in a negative way by the removal vote? If you believe it won’t then you don’t understand the process or the job and its qualifications. Allow me to argue my point. First, though you’re probably not a lawyer, think about applying as if you were already a judge or a lawyer.
From the standpoint of the judicial nomination commission consider who they would want to apply.
For all practical purposes the pool of candidates isn't going to be very large. First you have to be a lawyer. That takes a minimum of seven years in college. The last three are the toughest. After you graduate you will not be allowed to practice unless you pass a bar exam. Not everyone does, so not every law school graduate can practice law. Those that do pass the bar don’t necessarily choose to become a practicing attorney. So not all law school graduates practice law. .
In this post I want to point out the systematic destruction of evidence by insurance companies.
At the bottom of this point I’ve reported on a car accident, a single-car-collision in Iowa that took place in Buchanan County. That accident demonstrates a point I see time and time again in the practice of law. The law doesn’t forbid it, but it should or people should be smarter about when they hire an attorney and why they need to hire one. Let’s first look at the key piece of evidence in this accident. It’s a blown tire case.
In this blown tire case there are four passengers in the car that ended up being injured. Each passenger is hurt, some probably very badly. The four leave the accident by ambulance and are taken to an area hospital. Now I do get telephone calls from time-to-time asking about these types of cases. The reasons vary but normally they aren’t for the reasons most people think. They aren’t out to get rich; far from it. Iowans are a reasonable group of people for the most part. There are exceptions, but overall they normally aren't out looking for a free ride. No, the typical call is them trying to find a way to pay medical bills; medical insurance coverage is in this country a national debate for a reason. It's just too expensive, but I'll leave that for another day's blog.
Why 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.
If you’re going to bash gays you may at least have the decency to do it openly and without the guise of hiding your fears and anger behind a smear campaign against judges that you know aren’t going to be able to defend themselves.
The editorial in the WSJ titled, “Iowa’s Total Recall” is Total BS. The editorial gives the impression that Iowa's Supreme Court is full of liberals. No way. If you count how many terms and years the Governor's office has been held by each party it should be obvious. As it stands the Dem’s are losing the contest to appoint Iowa’s judges. After 189 years it’s the Democrats 9 and the Republicans 61. If that's even a fight I doubt the Republicans realize it.
Before we anew this gay marriage-license debate please keep in mind that the Republicans in Iowa have controlled the Governor’s office for 61 or the 70 terms of the government. Going back 189 years, all the way back to December 3, 1846, the Republicans have controlled the appointment process for 155 of the 189 years. So if anyone is to be blamed for appointing “activist judges”, assuming they even exist, it has to be my Republican Party. If we have to blame any party for appointing Iowa’s judges it has to be the Republican Party. Of course we don’t, but that was the veiled message being touted by Vander Platts and company as they delivered a large dose of fear mongering to Iowans in favor of removing judges from Iowa's highest court. No sooner did the vote get counted the WSJ wasted no time in heaping it on to sell newspaper ad copy. The editorial was based on fear not fact.
Tomorrow Iowans will vote on whether to retain three justices on Iowa’s Supreme Court. What we must ask ourselves is whether, aside from the distraction of job creation, it is in our collective interest for Iowa Justices to be re-schooled, retooled, brow-beaten or intimidated into decreeing the undoing of gayness. It's my belief this is all just a big distraction from our main problems of the budget deficeit and creating jobs in this country. But some don't and so let me begin today with this idea; if this isn't foolishness and it is a legitimate way to spend our limited government recourses then they should prove it.
Let us start with a premise: If we can talk people out of gayness we should also be able to talk straight people into being gay.
I don’t think the people associated with Liberty University School of Law like me. I’m one of those evil people that dare say we should just leave gay people alone and let them live. Somewhere in the Bible it says just that. But this is a legal matter and not a religious one so let's talk about why this is a waste of voter time and shouldn't be taken serious.
In the July 27, 2010 WSJ I read where Steve Jobs in the past ten years has been paid over $749 million dollars in pay, bonuses and dividends. Wow, that’s a ton of dough for selling iPods and ear buds. He’s seen as a savior of the American society; a His Apple business is seen as a great model to emulate. How much did the other iBillionaires make? Well, Larry Ellison received $1.84 billion in compensation. Barry Diller another iDividend guy received $1.14 billion running Expedia. It's really iMazing how much iCompensation they all received. But is it really so great; is what they are doing that reaps them billions really a sustainable model for America? I think not. I’m all for capitalism; I rather like it, but what I don’t like is the i-business model that has turned us into a generation chasing after fool’s gold while standing in the unemployment line listening to our iPods. Henry Ford created American jobs, but Jobs in company don't do much else beside create personal wealth.
Do you believe lawsuits are about blame? Do you say to people that we need to kill all the lawyers? If so, you’re missing the point and should ready yourself for the day when the unreasonable and the irresponsible rule the world. As trial lawyers our goal is to explain to a fact finder in simple terms what made America the greatest country on earth.
I hear it all the time: We need to stop all of these lawsuits and stop blaming someone for our own faults. That statement implies that lawsuits are about fault and it shows a lack of understanding about insurance law in this century. In every insurance policy you have a subrogation clause that gives the insurance company the right to sue whoever caused your loss. If you don't sue they will. It's all part of the contract you signed for health insurance, workers' compensation insurance and auto insurance.
Subrogation is defined in this way:Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim.
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.
Some 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 Cached
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... Cached
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...
Those new hybrid cars are proving to be just a little too "green" and not so environmentally friendly. They are too quiet. So quiet are they that pedestrians don’t hear them coming. So quiet that automakers expecting pedestrian complaints, if not broken bones, are offering an under-hood speaker system that emits a whirring sound, similar to that of a running gasoline engine. On sale in Japan later this month for $148 plus the cost of installation Toyota has yet to decide on if and when they will sell them in the United States. All of this simply means that when crossing the street pedestrians need to have their heads on a continuously moving swivel.
The way my brain works - Lombardi is having a brain aneurysm.
Maybe it’s my mother’s fault and how she raised me. Then again she’s too good a woman to be blamed for anything I do or think. I tell my friends I’m not able to say even 10% of what rattles around in my brain. The ten percent that does leak out of my mouth is normally filtered and repackaged before I dare utter much of it. Today I’m having an aneurysm over much of what I’m reading. So today I intend to dedicate The Iowa Edict to headlines and other idiocy.
Play this video while you read because there is a train coming down the tracks and sooner or later it’s going to run you down. They call the train no rhyme or reason.
Fracting for natural gas is a process of drilling for energy to extract natural gas from the earth. Here is a pretty good explanation of the process.
Fracting is the process of pumping millions of gallons of water or chemicals into the ground to help extract natural gas from the earth. The pressure causes the ground to fracture, releasing natural gases.
The Congress has exempted fracting from being regulated by the EPA. As a result it's up to individual States to monitor and to regulate. New York has the Marcellus Shale. Like New York this kind of geologic formation can be found across the United States. The process is important to America's energy independence, but isn't without controversy. Today's post is about such a controversy. In West Virginia a crew dug a water-well in someone's back yard. They could smell natural gas and now they can light the tap water on fire. Watch the video. The same thing occurred in Candor, New York above the Marcellus Shale. This of course makes one wonder if fracting for natural gas will lead to liability over damages caused by explosions or poisoning of the residents. This man in the video has had the problem for three years and no one has investigated. Why?
A friend of mine from New England was bidding for government work. He’s been out of work for several years and he’s an honest guy so his bids were accurate and came in very reasonable. For some reason he wasn’t getting the work. He wondered if his bids were too high so he sharpened his pencil and added more detail to his bid. Still no work was awarded. He wondered what was he missing, because after losing the bid he would get contacted and then hired as a subcontractor for the guys who were awarded the bids. It became obvious that he knew more about the cable industry than the guys winning the bids.
His problem is he doesn't really understand the government bid process because he is ignoring the multiplier rule. This rule has to do with how government workers think. Keep in mind that it's not their money they are spending; it's yours.
Government Bid Formula:Whenever bidding for a gov't job always multiply a reasonable bid by three.
Yes, I'm posting again. I was sleeping but then then I realized life was happening without me and I had to get up and write. Today is all about law school. The University Of Iowa College Of Law to be exact. A great law school with a fine reputation and some lousy contractors hired to replace the windows at the law school building.
"Most of us aren’t the slick stereotypical lawyer the politicians describe. Real life pi lawyers are more akin to gumshoe investigators hard working, harder nosed with hearts hardened by thousands of real life sad stories with no good ending."
It’s ironic that a worker who died at the Univ. of Iowa Law School may not have been wearing fall protection. After all fall protection is what the law requires. So why isn’t anyone talking about the facts surrounding his death? The ultimate answer is an explanation as to why he died and whether or not it was preventable. Yes, we know he is dead, but why? Was he wearing fall protection gear? Was a lanyard available? If one was provided and he wasn’t wearing it, why wasn’t he wearing one? Why was he being allowed to work without fall protection gear? Is fall arrest gear required?
Most golf course owners who were a part of the Royal Links, USA hospitality cart advertising program lost a lot of money. Advertising that was supposed to pay for lease payments never materialized and the program eventually collapsed leaving the owners with making monthly lease payments amounting to over $20,000. It would not have been so bad if the owners hadn't paid $12,500 for what amounts to a Styrofoam cup with wheels and a canopy. It wouldn't cool if you didn't add ice and couldn't keep anything warm unless it was made warm. You could pull it behind a golf cart but it wouldn't move on its own. For $12,500 you could have purchased a fancy riding mower and pulled a $200 cart behind it with coolers filled with ice and at least you would have a useful piece of equipment. Many of the leases required venue in Polk County, Iowa, which is why I became involved with representing golf course owners who were sued by the leasing companies after they refused to make the agreed monthly payment. And that's where we all learned about the hell-or-high-water clause.
Would it be libelous if I’d written: David Namanny in his editorial sticks a pitchfork in the backs of the Mitchell County Board of Supervisors!
HERE IS WHAT IS REPORTED TO HAVE HAPPENED
The Des Moines Register reported that the Mitchell County Board of Supervisors has asked its County Attorney Mark Walk to research a claim for defamation against the Osage newspaper, the Press-News and its editor, David Namanny. I tried to locate the actual editorial but was unable to find it online. I’m left with the story by CBS-2 New and the story, Mitchell County considers suit against newspaper, August 17, 2010. It may have all started when the Press-News published an editorial that said: "Looks like it's time to get out the pitchforks and head over to the county courthouse".
Yawn……. That’s not exactly a statement of fact; or a threat against any one individual or for that matter a falsehood. It sounds more like an opinion or hyperbole. Hyperbole is a figure of speech in which exceptional exaggeration is deliberately used for emphasis rather than deception.
There was a horse stampede at a parade in Jackson County over the 4th of July. The stampeding horse injured many people who were present just to watch the parade and enjoy the holiday. On August 11, 2010 the first of what will be several lawsuits was filed at the Jackson County Courthouse. The online story is bringing a barrage of comments under the KCCI news story. Today I wonder aloud if those making comments are for unstated reasons, being disingenuous. Could the purpose of those comments be to poison the jury pool; or, have cruel, insensitive, rude and otherwise uneducated comments on the Internet become the standard for unhappy people who can type on a computer?
The comment section under the KCCI story is interesting, but not because there is any substance to the discussion or anything of value being discussed. There is not much about the issues and too much about what is unimportant. Why I find them of interest is because those commenting lack a basic understanding of our American system of civil justice, or how justice and business intersect with the insurance industry and how recovery of costs associated with insurance subrogation maintain a lower insurance premium that I'm sure most of those commenting pay. People you need to get either an education or a life.
Steven Mack and his dingbat wife or you could say Stacey Mack and her dingbat husband should be taken out and horse whipped. It's people like that which make me sick. Course if dingbat # 2 had a name like Steve instead of Steven he would know what he is doing is wrong.
Lawyers know squat-diddley about marketing; really we don't understand the concept. Judges know less and I'm guessing they will admit their lack of understanding. After all, they are an independent judiciary and don't need to market. Right? Is that right? If so why are the three that are doing their job under attack in Iowa? So I have to wonder, do they need to better understand marketing? Today let's discuss why lawyers and judges would be wise to appreciate at least something about Internet marketing.
We didn’t’ study marketing in law school and after graduating the business just came to firms where we are working as lowly associates. In days past, marketing was simply glad-handing at the Rotary Club or a round of golf at the local country club. For associates clients just seemed to show up at the firm's threshold.
Lately I've been asking myself, exactly what the brand is that binds us all together. The question comes up because of tort reform and because of people attempting to remove three Iowa Supreme Court justices over the gay marriage decision. The prospect of removal bothers me because these three justices have done nothing wrong; to the contrary they've done their job by tackling a tough issue. So I have had to ask what's wrong with this picture and what role if any does marketing play in being a judge.
Do judges have a brand that needs protection; if so what is it? What is its brand and how is that brand being both promoted and protected? Most judges believe they are above marketing; that their job has nothing to do with marketing a brand. That’s a lofty idea that in the case of the gay-marriage decision may need some rethinking and much retooling. After all judges are one of us; they are taxpaying citizens with families, friends and jobs. Like us they put their pants on one leg at a time. To understand what's going on with the judges we need to reflect on what happened with tort reform. So let's get back to the trial lawyers.
If the tort reform crisis of the 2000’s taught me anything, it is that the legal profession does have a brand and that I have an ethical obligation to protect it. Our client is our customer and they come to us with expectations that cannot nor should those exptations be ignored. If we ignore their expectations we run the risk of others marketing our brand for us by framing the issues in a way that is adverse to our clients and to our business model. Yes like it or not the court system, the U.S. Constitution, the Bill of Rights and your state constitution is a part of your business’ brand. Ignore it and others will promote your brand in a way that causes it damage along with our image.
There seems to be a tidal wave of legal questions swirling in the murky waters of Iowa lately. The more rain we get the wetter are basements and legal briefs. The wetter that basements get, the more that claims will be made to insurance companies. The more claim files grow, the more important it is for the insurance industry to protect the float through delay and subrogation.
In every insurance cubical you can read two wall hangings that remind the troops of their mission:
Delay and subrogate!
From the bursting dam at Lake Delhi, to a failed levy to our west and flood waters rushing over the banks of too many of Iowa's rivers, the Courts can expect and onslaught of water-related property damage cases.
When it comes to Lake Delhi the homeowners talking to claim adjusters those homeowners might as well be living in New Delhi, India. After talking to your insurance agent and adjuster you'll think the people on the other end of the phone call were in one of Dell Computer's customer "dis"-service call center in Mumbai, India. You'll be sctaching your head and thinking the Tower of Babel might be easier to figure out.
What'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.
Don’t you hate lawyers? After all aren’t the lawyers responsible for all those frivolous lawsuits? Here sing with me. Rain, rain, go away come again another day. Many Iowans with some form of water damage are mad and will probably be madder after they speak with their good neighbor or the guy who they are supposed to be in good hands with; your homeowner’s insurance company. They will call the lawyer right after the homeowner finds out that their good neighbor isn't so good or that they aren't really in a pair of good hands.
For 8 years I tolerated listening and reading about tort reform and today I’m here to remind you why it made no sense then and won’t to you today. Eight years is a long time to listen to it because lawyers know what happens when you file claims under your insurance policy. We knew sooner or later you would have to call the lawyer.
The flooding in Iowa is too almost Biblical proportions. We are so tired of rain, rivers overflowing their banks and dams breaking, that the idea of buying a boat and moving north to a lake is looking pretty attractive to most of us. So what are Iowans with flood damage supposed to do when insurance companies tell them there is no coverage? The answers may surprise you when you find out this is going to turn into an expensive lesson for many people.
I haven't had such a case in my office so I'm not sure of the exact issues, but some questions come to mind. Is a dam breaking a flood or is it a man-made catastrophe of another kind that is covered under most homeowner’s policies? And what about if the levee breaks; will that be covered? I understand a river coming over the banks is probably water damage by flood, but a dam or levee breaking? Seems like a different animal to me. In these two instances you have a man-mad failure as opposed to a weather condition. Is one a flood and the other a casualty?
That'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.
Texting 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?
For my east coast friends who remain geographically challenged Missouri is a state, a part of the United States and just south, that’s down, of Iowa. Missouri is the “Show Me State” which once again Iowans are stuck showing them the errors of their ways. Missouri’s elected officials are picking on exotic dancers a-g-a-i-n. If Missourians are going to pick on exotic dancers then we may as well debate the merits of that age old tradition, the demolition derby. Boiled down to its essence, assuming there is an essence, the demolition derby is a contest that seeks to find several people dumb enough for a small cash prize, to climb into a car or truck and ram other contestants until you’re the last fool moving. Sounds a little like some marriages, but let’s leave that comparison for another day. In the derby the cash prize comes from a promoter who sells beer, pretzels, popcorn, hotdogs and maybe a t-shirt or two. Exotic dancers on the other hand are usually young woman dancing on a stage or in someone’s lap for tip money. The promoter is a bar owner who charges an entry fee and gets paid handsomely for selling inebriated patrons watered down drinks containing a small portion of alcohol. They aren’t selling t-shirts; in fact clothing is optional, well … at least it is for the dancers.
I can always tell when FOX’s ratings are slipping because the producers decide it’s time once again to pick a fight with lawyers who help the injured. Either that or my Republican Party needs campaign contributions and they are going to stir up the doctors to get out their credit cards. I read the teaser on FOX titled, This Week’s Show: Parasitic Tort Lawyers, and see it’s about medical malpractice and how evil some lawyers are for assisting patients to legally file a lawsuit. Oh my! I think the sky is falling. Frankly I’m not going to watch or read anything more than the teaser because the doctor says my blood pressure is already too high as it is. So this morning I’m sitting in front of the computer writing this blog since I know of no cheaper form of therapy. I have to tip my hat to FOX, because they really know how to sell ice cream to the public. FOX treats news as if there are flavors of the facts; like Baskin Robbins has 32 flavors of ice cream.
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.
Yesterday we discussed lawyers providing estate and trust services to a man later charged with the killing of another man; the effect was to make the grieving widows efforts to enforce a civil judgment somewhat difficult. My point was that what the lawyers did was ethical and that it wasn’t the lawyers’ job to delve into the motives or reasons for the accused farmer asking for that legal advice. Today let’s go a step further with what the general public doesn’t get and seems it will never get because they aren’t schooled in the law. Let’s say the Iowa Bar Association’s ethics committee decided to investigate the lawyers who created the trusts and executed the transfers of titles for the accused farmer and his wife. Would they be successful in gathering evidence? No they would not. Because even if the Iowa Bar Association investigated the lawyers those lawyers under investigation would never be able to disclose what they had learned from the farmer and his wife at their meetings that took place following the killing. What a client says to a lawyer can’t be disclosed without the clients consent. And it’s doubtful the client would ever consent to such a disclosure. It’s called the attorney-client privilege and it’s there to protect the client – which someday may be you.
All of this starts with two farmers, a gun and one ends up dead. The dead farmer's wife and estate sue the other farmer and are awarded a large judgment; one that includes millions of dollars in punitive damages. But the widow and estate have a hard time collecting the judgment because of estate planning and how the assets are held. The widow asks the Iowa Court to set aside the legal planning and to give her title to the assets as the transfers were made in anticipation of a judgment; reasonable minds might conclude from the article that the record indicated these transfers were done hastily just after the murder took place and before any criminal charges were filed in the murder case.
Then an editorial appears in the Des Moines Register saying the Iowa Bar Association's ethics committee should investigate the lawyers who's ethics allowed them do the estates and trust planning. The words used are "shell game". My understanding of the writer's point was that lawyer ethics should not allow lawyers to do such things. I'm sure this is a popular notion, but in reality it's a totally unrealistic point of view. Here is why.
When it comes to wasting court and government resources no one need point the finger in the direction of injured people. Yelling for tort reform is the mantra of idiots who want nothing more than to protect the insurance war chest. This story from our neighbor to the south is about knowing how not to create jobs. I’m not sure why the proponents would choose a recession to argue for this one, but their opponents have the numbers. So let’s see what government waste is on the recent agenda of those who will waive the flag while flushing this country down the toilet.
Why should Lindsay Lohan be held in contempt of court?
If the Court doesn’t hold Lindsay Lohan in contempt the message to those before the court is clear: The Court isn’t to be taken seriously and justice is about as real as a reality TV show.
I have to wonder if violence against lawyers is escalating. We’ve had some recent provocations against lawyers that make me pause and consider why. Right here in Iowa on July 9, 2010 we had a lawyer being assaulted while standing in a Dubuque County court room. It’s not the first and certainly won’t be the last. Several years ago a lawyer in Polk County was assaulted by his client while standing before the Court. Assuming the lawyer didn’t fall asleep during the trial, the defendant had to be mad at the judge or jury and not his own lawyer. The lawyer is there on the side of the defendant; so why the lawyer?
The Iowa State Fair organizers are watching what occurred in Bellevue at the 4th of July parade and noting the movement of livestock does occur at the Iowa State Fair and could potentially cause a similar incident. What I found of interest in her story was the mention of candy being thrown or gathered by children and that could have spooked the horses. That one little fact can completely change the nature of any case. It raises the question whether the rules prohibit the throwing of candy in the parade and was anyone doing so. If anyone has videotape or photographs they may be helpful to those involved. If you send them to me I’ll publish them. The issue of horses being prey animals not predators is an certainly an interesting one.
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 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.
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?
Today’s post under the getting ripped off section is a positive news story. It’s one that exemplifies the true American spirit. It’s about a can-do America that runs on honesty, hard work and roll-up-your-sleeves community values. It’s not about what government can do for me or who gives me the next benefit check or me-me-me being the center of attention.
This story comes out of Detroit. Detroit has been hit hard by the economic recession. The city’s tax revenues have plummeted and the services the city can offer its citizens has headed south alongside those falling revenues. Lucky for Detroit it has retired citizens who without being paid volunteer to assist in maintaining the city. People like Howard King, Jr. (60), Paul Cobb (27) and William Martin (56) are mentioned as three of the volunteer citizens who are rolling up their sleeves and doing something about the work that needs to be done to maintain their communities while recognizing not every good deed requires a paycheck. Community service is something we all need to participate in.
Some of you, who can’t mow grass, cut weeds or afford to fix city parks may wonder how you too can help.
Here is my low-budget list of ways to assist these volunteer citizens that won’t cost you a whole lot. I wondered if I could come up with 50 suggestions and I did.
1. Donate trash bags.
2. Purchase 5 gallons of gas for one of the volunteer citizens.