Iowa Edict - Unsafe Products & Services

Distorted News Titles and Electrocution Cases

Steve Lombardi — Thu, 10 May 2012 04:00:32 -0600

Cook County man electrocuted after allegedly climbing down a Chicago elevated train track to urinate onto a live electrical elevated train track? Is that possible? Actually the title is somewhat misleading. If you read further down the article the man fell onto the track but any guy reading this would think he was electrocuted through the stream of urine. Indiana man urinating on train track electrocuted, AP.

Which made me ask the age-old question, can you get electrocuted by urinating on an electric cattle fence? You’d be surprised at the number of people with little time on their hands that have actually written articles on this subject. Maybe it’s our government grant program that needs some fixing.

See the Naked Science Forum, and Peeing on an Electric Fence, August 2, 2009 Audio feeds available.

]]>The Next Naked Scientist Show: Science Radio & Science Podcasts with Dr. Chris Smith

And then we get this story from Allen, Nebraska, the cornhusker state. A South Sioux City man died after being electrocuted on a feedlot in northeastern Nebraska last Tuesday. The news report has him working on a highline pole and getting accidentally electrocuted.

You have to know the importance of words and their meaning. Electrocution is not the same as being shocked. Shocked is a bolt of electricity to a human, while electrocution is a shock so severe that death results. Know your words! Teach your children word games and you will increase their brain power.

What happens when you wee on an electrical fence? Answers

And yes, you can watch “experiments” of such acts on YouTube. And no, I’m not linking to them.

Iowa Employer's Failure to Carry Work Comp Insurance to be Prosecuted

Steve Lombardi — Wed, 09 May 2012 04:00:23 -0600

Pressure created by Reporter Lee Rood’s Des Moines Register stories about how workers suffer has caused a stir with the Iowa Attorney General’s Office who this past week agreed to pursue enforcement of the law requiring Iowa’s employers to carry workers’ compensation insurance. The stories detailed how injured workers were not covered under a workers' compensation insurance policy because employers failed to buy the insurance. The worker gets injured, files a valid claim, wins an award and then sits there because the employers just don't pay. If you think this is no big deal consider that other insurance policies may preclude paying on claims from work injuries. Pick up the Des Moines Register and read Lee Rood's reporting.

See Reader’s Watchdog: Iowa City workers’ comp case will be prosecuted, Lee Rood, April 22, 2012

Reporter Rood’s column is described as; Lee Rood’s Reader’s Watchdog column helps Iowans get answers and accountability from public officials, the justice system, businesses and nonprofits. Contact her atlrood@dmreg.com or by calling (515) 284-8549. To read past columns, go to DesMoines Register.com/readerswatchdog.

What’s a Pulitzer Prize?

]]>Who has won and in what categories are the Pulitzer Prizes?

Is there a Pulitzer Prize for Public Service?

Pulitzer-winning journalists share their tips

http://www.youtube.com/watch?v=0Ads-cYOv9Q

What's a Nuclear Cowboy?

Steve Lombardi — Thu, 12 Apr 2012 04:00:38 -0600

First of all, if you’re a nuclear cowboy you’re probably pretty long in the tooth and living in fear of being diagnosed with some dreadful disease that is incurable. It sounds cruel to say but it’s true and not only is it true it’s the cold hard truth personal injury lawyers’ deal with every day. We don’t have to like the facts; we only have to live with them. So what is a nuclear cowboy? These cowboys are workers in various occupations involved with nuclear material. Some ran the field labs in the 1950’s, others worked in nuclear facilities including research labs in places like the Iowa Army Ammunition Plant in southeast Iowa and the Ames Lab right here in Ames, Iowa. My family worked in the power industry so I grew up around it. Workers in nuclear facilities wore badges that indicated when they'd had enough exposure to radiation. At that point they were called 'burn-outs'.

Here is one description from the Chatsworth Patch.

]]>Here are a couple of news stories you'll find of interest. Stricken Ammo Plant Worker Seeks Answers, Middletown, Iowa – Los Angeles Times article, Greg Smith, reporter – “Robert Anderson says he never liked it when a shipment of raw nuclear materials arrived and he had to take inventory before the guys with the protective suits and Geiger counters were sent in.”

See, More Iowa “nuclear cowboys” eligible for benefits, Ames Lab workers now qualify for payments, The Gazette quote: “Descriptions of the site’s operations read like an apocalyptic movie script: Toxic waste was burned in open, unprotected pits. Sometimes, workers shot barrels of chemicals with rifles in order to burn them, releasing deadly fumes into the air. In 1994, one Chatsworth scientist, Otto Heiney, and another from Thousand Oaks, Larry Pugh, were killed when the chemicals they were illegally burning exploded. ... There was a certain laissez-faire attitude towards safety,” Gregg Dempsey, a physicist with the EPA said. “After all, it was the Cold War.”

Depending on your exposure level the human body can either repair the damage caused by a small amount of radiation exposure or with heavier doses, cells mutate and years later become cancerous. A good discussion ist in the Chatsworth Patch article.

If you want to see what types of nuclear testing takes place at the lab in Ames choose this link. But don't confuse cowboys and Cowboyz. The two couldn't be any different.

The Nuclear Cowboyz are also motorcycle riding stuntmen.
Nuclear Cowboyz 2012 has the greatest cast of freestyle motocross, trials and quad riders ever assembled, including recent X Games 17 medalists Ronnie Faisst, Adam Jones, Mike Mason, and Winter X Games medalist Caleb Moore. Joined by world-class medalist riders Taka Higashino, Beau Bamburg, Derek Garland, Nixey Danielson, Brody Wilson, Jimmy Fitzpatrick, Dustin Miller, Wes Agee, Matt Buyten, Geoff Aaron, Keith Wineland, Derek Guetter, and Colton Moore,NuclearCowboyz 2012 takes unleashed power to its massive ramps in a freestyle performance of pure danger and raw combat.

More Iowa 'nuclear cowboys' eligible for benefits
The Gazette: Eastern Iowa Breaking News and Headlines (blog)
(Steve Pope/Freelance) Struss, 80, of Ames, is among a group of former atomic workers recently deemed eligible for compensation due to toxic exposures at Ames Laboratory at Iowa State University. The research and development lab was one of two sites in ...

Being a trial lawyer changes you in ways you can't anticipate. One way is you get really frank about life and death issues. Perhaps we too should wear badges and when we burn out they send us packing.

Onward we march...

What you don't know about SUV's can kill you.

Steve Lombardi — Fri, 06 Apr 2012 04:20:47 -0600

Do you ever wonder why SUV’s have rollover accidents more often than sedans do? Or how about high profile pickup trucks? You should know why this is and it’s never too late to learn about the why's. Even after you own a high profile SUV understanding a single concept about the center of gravity (CG) can make you a safer driver. SUV’s can be dangerous if the driver doesn’t understand why having a high center of gravity can make them roll over and over after spinning out of control at higher rates of speed. Don’t wait until your family is devastated like this first one to understand the mechanics of a rollover, the types of cars (SUV’s) that are likely to tip and how not to fall into the blissful state of ignorance that can kill you are important for you and yours.

Let’s first take a look at several recent accidents so you know what it is I’m talking about. Then we’ll discuss the why and finally there will be a young man demonstrating with a simple experiment the CG. (Rodrigo Garcia-Salas - Nice job of explaining Rod! Dude you should be in law school!)

Before buying a car know what CG is all about. Don't just live on a prayer.

]]>Okay, the fact you're still here means you're half way there and tired of living on a prayer.

The first rollover accident involves a family from Tennessee driving through Iowa on I-29. Their SUV rolled over at least three times. Two members of this family died and five others were hurt. The SUV is a Chevrolet Suburban, a large, heavy, high-profile SUV that hit higher speeds with a full load of passengers. I’ve covered this story previously. The family is the Ledezma family. Here is a quote from the KETV-Omaha article.

According to the Iowa State Patrol, Maria Ledezma, 24, and Alex Ledezma, 15, died at the scene of the crash. Sidney paramedics drove Carlos Ledezma, 10, to the Nebraska Medical Center. Rescuers used medical helicopters to take Victor Ledezma, 14, Jacklyn Ledezma, 8, Ricardo Osorio-Torres, 26, and Nancy Osorio-Torres, 7 months, to the Nebraska Medical Center. All of the victims are from Smyrna, Tennesee.

Investigators said Osaro-Torres was driving the Suburban and that he was wearing his seat belt. They also said the baby was properly restrained in a car seat.

Read more: http://www.ketv.com/news/30704954/detail.html#ixzz1qgisSRny

Let's look at a second accident. This next rollover accident was on I-35 near Manly, Iowa in Worth County. (Exit 203) This one involved Rose Marie Pederson-Moore. From the article it appears Rose tried to change lanes, then noticed the lane was not clear, she panicked, overcorrected, lost control and rolled several times. I’m not sure what type of car because that isn’t mentioned in the WCRCourier article. Rollover accident ties up traffic on I-35, by Reporter Laura Bird. I’m not being critical of this reporter, except the type of vehicle that rolls over along with the sequence pre-rollover is very important to the public when making a decision about what to buy when shopping for a new SUV. That’s because the height of the car off the ground raises the center of gravity, the CG, and that’s what increases the likelihood a vehicle will roll when traveling sideways at highway speeds or even less. Here take a look at this Ferrari 458 Italia Akaprovic.

Or how about this Black Maserati MC12? Notice the low CG, the low profile.

So now you understand low profile cars. Now think about a Ford Explorer and how much light you can see under the car. The one you have to practically crawl under with your back on the ground, the other you can scoot under pretty easily. That center of gravity is the tipping point. To understand a tipping point think of a coffee mug being short and stocky versus one that is tall and thin. The tall-thin one can more easily be knocked over. With cars and trucks the taller and higher off the ground the more easily it tips or in this instance rolls over. Keep that in mind when buying a family car you intend to travel in. Aside from seatbelts that could be the most important part of your car buying decisions. We hope Rose is doing well. See Rollover accident ties up traffic on I-35, Laura Bird.

Let's get back to real accidents because it's where the rubber meets the road or in this case doesn't. The next rollover accident is out of Sac City, Iowa on Sac County road M-54. The car is a Chevy EQX and the driver turned to check on her 6-year-old granddaughter, then lost control and rolled several times after going into the ditch. They were both wearing seatbelts and apparently were uninjured. A slight miracle to say the least. Contact Sheriff Ken McClure in Sac County for further information.

Next we head over to Robins, Iowa (Never heard of it.) and a female driver on C. Avenue Extension north of County Home Road, east of the town of Robins rolled several times. Not much information reported here; which makes it impossible to draw any conclusions. See passenger killed in Linn County rollover accident, Des Moines Register.

The next story shows why seatbelts and SUV’s go hand in hand. The family was driving an unidentified SUV, lost control and rolled it several times while on what appears to be I-29 near the Riverside Boulevard off-ramp in Sioux City. The driver reached down to pick something up, the wheel dropped off the hard surface into the shoulder, causing the vehicle to go into the ditch and roll. They were returning from vacation. Here is a quote from the reporter, Molly Montang’s story:

Aaron Hopson and three family members were thrown from the vehicle when it crashed about 1:45 p.m. near the Interstate 29 Riverside Boulevard off-ramp in Sioux City. His mother, Katherine Hopson, and brothers, Michael, 12, and Lucas, 5, were injured.

Sioux City Police Officer Jeremy McClure said 2-year-old Logan Hopson was the lone passenger of the vehicle who was properly restrained. The child, who was strapped into a car seat, and Chad Hopson, the children's father and the driver of the SUV, were not thrown from the vehicle.

McClure said the crash highlights the importance of using seat belts.

"Even in the back seat, it's still important to buckle up," he said.

Molly do us a favor next time and tell us the make, model and age of the car. Thanks for the story. Now watch this young lad demonstrate what lowering the Center of Gravity does to stabilize an object, like an SUV. He is Rodrigo Garcia-Salas. Well done Rodrigo.

http://www.youtube.com/watch?v=fmInFpzVN7c

*Today’s music is by Bon Jovi, Livin' On A Prayer

TODAY’S NEWS STORIES – PERSONAL INJURY LAW WITH LAWYER’S COMMENTARY

2 killed, 5 hurt in I-29 rollover accident in Iowa
KWQC 6
Entertainment News from AP PERCIVAL, Iowa (AP) - Two members of a Tennessee family are dead and five others are hurt after their SUV rolled on Interstate 29 in western Iowa and a semi drove through the crash scene. The Iowa State Patrol said ...

UPDATE WITH NAMES: 1 dead, 5 hurt in rollover accident in Sioux City
Waterloo Cedar Falls Courier
One person died in a rollover accident on an off-ramp of Interstate 29 in Sioux City Friday, March 16, 2012. (Sioux City Journal photo by Molly Montag) SIOUX CITY, Iowa -- A 14-year-old boy was killed and five of his family members injured in a one-car ...

Rollover accident ties up traffic on I-35
Waterloo Cedar Falls Courier
The aftermath of Friday afternoon's crash on Interstate 35 near the Forest City exit, March 16, 2012. (Jake Rajewsky / The Globe Gazette) MANLY,Iowa --- A rollover accident on Interstate 35 in Worth County tied up traffic around 2:15 pm Friday.

Sac County rollover accident
1380 KCIM
Sac City, Iowa -- Two people escaped injury following a rollover accident Saturday morning about 2 ¼ miles north of Sac City. The incident involved one vehicle and occurred on county highway M-54. 64-year-old Nola Jean Harper of Des Moines was heading ...

Passenger killed in Linn County rollover accident
DesMoinesRegister.com
ROBINS, Ia. -- A female died when the vehicle she was riding in went out of control near Robins early Sunday and rolled several times. The victim's identity wasn't released by the Linn County Sheriff's Office. A news release said the accident, ...

Airman's son dies in Iowa crash
Rapid City Journal
SIOUX CITY, Iowa -- The 14-year-old son of an Ellsworth Air Force Base airman who died Friday when his family's sport utility vehicle rolled was not wearing a seat belt when the accident happened, police said Tuesday. Aaron Hopson and three family ...

Dangerous chemical used in bathtub finish linked to deaths

Steve Lombardi — Thu, 29 Mar 2012 04:10:39 -0600

The chemical is methylene chloride and is used in refinishing bathroom tubs. It’s colorless, slightly sweet-smelling but toxic. Many over-the-counter products contain this chemical and it’s sold in do-it-yourself kits. But, and this is a big but, 13 deaths nationwide have been linked to human exposure. Three deaths in Michigan since 2007 are being attributed to using this chemical or process. This story brought to us by the Detroit Free Press. Hello!

http://www.youtube.com/watch?v=nsAH3RcxeBc

Michigan researchers link bathtub refinishing deaths to dangerous ...
Detroit Free Press
They have linked 13 deaths nationwide to a toxic chemical in the solvent, ... rather than its ability tokill people immediately, said Ken Rosenman, ...

Manure pit foam causing methane gas explosions on Midwest Farm

Steve Lombardi — Tue, 20 Mar 2012 04:00:10 -0600

Hog manure pits have an unplanned and unidentified foam growing and then forming a cap that traps methane gas. When a spark is present the methane explodes. The report referenced in the linked article cites six explosions since 2009. The foam is described as being up to four feet thick and growing on top of manure pits. When cleared off of the manure it has a tendency to regrow. Farms in Minnesota, northern Iowa, Northwestern Illinois and in southwestern Wisconsin have experienced this condition.

The scientists studying it wonder if it's being caused by dietary intake by the pigs. See the video from KSTP, ABC Channel 5. Mysterious Foam Causing Hog Farms to Explode, February 8, 2012.

These are bearded pigs, have no relation but I thought they were interesting.

]]>

Scientists stumped by mysterious foam causing hog farms to explode
Daily Mail
Six farms have blown up since 2009 - killing thousands of animals - after ... metal repair caused an explosion that killed 1500 hogs and injured a worker.

Nail Guns, Brain Injury and Social Media

Steve Lombardi — Thu, 26 Jan 2012 04:00:29 -0600

At what point in life do people begin to believe Facebook postings are real life?

Man shoots nail into his brain, posts it to Facebook from ambulance.

Lawyers are constantly having to deal with what clients post on FB. Clients post inappropriate things on FB all the time. There is a disconnect between the reality of what they say on the one hand in a lawsuit and what they post on FB. Defense lawyers know it as do Plaintiff lawyers. The admissions go both ways and so lawyers on both sides immediately march to FB to see what the other lawyer's client is publicly stating.

A case that just came to my attention was a drunk driver bragging on FB about how much he's drank and how fast he was travelling before the crash that mangled his passenger. His insurance company paid the limits of $100,000 to the injured passenger.

Get a clue folks, if you're involved in a lawsuit shut down your FB page.

Child School Bus Driver's Under Scrutiny

Steve Lombardi — Thu, 08 Dec 2011 04:00:04 -0600

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.

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

You Shouldn't Ignore the Value of Litigation

Steve Lombardi — Mon, 05 Dec 2011 04:00:20 -0600

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.

]]>Farm Dangers and Accident Causes

Suffocation from quick sand like corn or beans in a bin
Unshielded PTO shafts
Tractors on uneven ground and rolling over crushing the driver
Unshielded Auger Power Shafts
Being kicked by an animal
Being overtaken by cold weather in an unprotected location
Being crushed by machinery
Losing a limb from working around pinch points and other moving parts
Being overcome by anhydrous ammonia
Falling from heights without a fall protection harness
Being in an accident on the rural farm-to-market roads while driving heavy equipment
Dying from exhaustion after putting in long hours during harvest

ARTICLES OF INTEREST

NSC: Data Still Shows Dangers of Farming, Editorial Staff
Danger on the farm, Rick Ruggles, World-Herald Staff Writer
Farmed And Dangerous, Coastal Alliance for Aquaculture Reform
Accidents a reminder of farming dangers, Jennifer Ewoldt, The Quad-City Times
Farm Safety, Kids Health
The Dangers of Farming, Local Harvest
The Dangers of Industrial Farming, Bryan Welch, Mother Earth News

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

Steve Lombardi — Sat, 26 Nov 2011 05:42:24 -0600

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

]]>Answer: The employer should not have assaulted you and yes his/her behavior is wrong, but what are your damages? Is it worth $1,000 or $500? Is it worth $100? I have no way of knowing, but there is a more important question you need to answer. Why do you want to work there? Beyond the answer to that question one has wonder how long will your employer keep you employed?

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

Question: How is negligence determined in personal injury cases?

Steve Lombardi — Fri, 25 Nov 2011 05:00:41 -0600

Question: How is negligence determined in personal injury cases?

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

]]>Answer: Negligence is a legal concept that establishes whether or not a party can be at fault and thus have to pay for someone else's damages. Yes, you have to prove someone was negligent in order to have any possibility of collecting damages. So what is negligent behavior? Negligent behavior is a breach of a recognized standard created by law, agreement of the parties or recognized behavioral standards.

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

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

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

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

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

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

Q&A: Is a recorded conversation allowed as evidence in court?

Steve Lombardi — Wed, 23 Nov 2011 04:00:47 -0600

Question: Is a recorded conversation allowed as evidence in court? Can a tape recorded conversation be used as evidence if one of the parties did not know he or she was being recorded? Also, what step should you take if you are being sued and the law suit is not legitimate and the other party has indicated that he or she will make you spend tens of thousands of dollars just to defend your case?

]]>Answer: The answer to this question depends on several facts not mentioned so my answer is purposefully vague. Generally in Iowa, so long as one party to a conversation agrees for it to be recorded you can record a conversation with two or more people. What you can't do is set the recorder up to secretly record a conversation in which you aren't a party. You can't secretly set up a recorder in an office, go to lunch and record conversations to which you are not a party. If you have the consent of a person engaged in the conversation then it's permissible in some instances. I say in some instances because there is a recent story about a man being prosecuted in Illinois for secretly recording government officials and the police. Whether I agree with that law is not relevant, it appears to be the law in Illinois. In Iowa I have not researched that point so I offer no legal opinion on the matter.

Is the lawsuit in which you're involved legitimate? Well, that depends on who you talk to. You assume it's not legitimate, but perhaps you aren't correct. I say that because you can't possibly know every aspect of the law when you're not a lawyer or a judge and haven't researched the law's background. People think anytime they are sued that the case isn't legitimate, but those on the other side would disagree. And there are many instances where someone claimed they were sued in a 'bogus' case, but end up with a judgment against them. Emotions aside, this is America and our legal system is pretty open to many types of claims to which you and I may agree to disagree on whether or not public policy should allow such a suit, but they are still legitimate under the current state of the law.

If you surreptitiously recorded a conversation turn it over to your lawyer and let the lawyers decide if what you have is valuable or worthless (illegal?) evidence. Better yet, before you record the conversations ask your lawyer if what you want to do is going to get you in trouble.

For additional reading see these posts:

Should I give a recorded statement to the insurance adjuster?

www.lombardilaw.com/.../should-i-give-a-recorded-statement-to-the-...

No, not until you have had a chance to speak with a lawyer. Why? Because frankly you don't know what you're doing and how the insurance adjuster will trick ...

What's the harm in giving the other guy's insurance company a ...

www.lombardilaw.com/.../whats-the-harm-in-giving-the-other-guys-...

After 26 years of practicing law I can think of only two reasons why insurance company adjusters want to talk with the person asking their company for money; ...

Do you have to give the insurance company's adjuster a recorded ...

www.lombardilaw.com/.../do-you-have-to-give-the-insurance-compa...

Oct 6, 2009 – There is nothing wrong with refusing to give a recorded statement to the opposing adjuster. If your lawyer says to do it then do it, but while ...

Family Law: Electronic surveillance of wife's bedroom activity ...

www.lombardilaw.com/.../family-law-electronic-surveillance-of-wife...

Dec 23, 2008 – Even before their marriage, Jeffrey and Cathy had recorded each other's... The Court found the content of the tape recordings was not the ...

After the wreck the other driver admitted it was his fault, but now he's ...

www.lombardilaw.com/.../after-the-wreck-the-other-driver-admitted-...

Witness statements need to be recorded. Take photographs of the damage to both vehicles and the intersection. - 515-222-1110 - 1300 37th Street, Suite 6 West ..

Client Trial-Deposition Preparation Blog

www.lombardilaw.com/blog/client-trialdeposition-preparation/

Oct 25, 2010 – Read any recorded statements you've given. Not everything is important but some

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

Steve Lombardi — Tue, 15 Nov 2011 04:00:43 -0600

This story takes the cake, well maybe not…

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

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

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

Facebook user accused of arson

Steve Lombardi — Fri, 11 Nov 2011 04:08:46 -0600

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

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

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

Steve Lombardi — Wed, 09 Nov 2011 04:11:45 -0600

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

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

]]>Driver Distractions - In St. Ansgar, Iowa a Stacyville teen died when her car ran right into the back of a school bus. She is 17-year-old Allison Marjie Smith. One has to wonder if there was a distraction inside the cab or her Pontiac Bonneville.

Slow down and leave more room to stop - Next we move onto West Des Moines, my stomping grounds and Interstate 35 where we have a multivehicle crash. In this crash for whatever reason, not explained, a southbound vehicle is described as having crossed the median and crashing into a northbound car. This article is kind of sketchy so let me check the ISP reports to see if there is at least a preliminary report. Update: The driver of what appears to be the at-fault vehicle was Danny Knowles of Des Moines. He was 58-years-old. I’m still waiting for the other drivers to be identified. Update: Police spokesman is Lt. Jim Barrett.

Trucking, give them room - One of many accidents on I-80 this one near Coralville-Iowa City around 7:30 pm killed a driver. This is a truck driver who hit the barrier, the Jersey barrier, then rolled onto the left side and caught fire. The carrier is Dart Transportation out of Cary, Illinois. This will in all likelihood result in a workers’ compensation claim. The widow, if any, should contact the Capron & Avgerinos firm that does good work out of Chicago, Illinois. They are a firm that handles workers’ compensation injury work. If it’s Iowa benefits they need or want we can help you. 515-222-1110 or sdlombardi@aol.com. I’ll check further reports and add to this post.

Can you say carbon monoxide poisoning - A metro Ice Arena mysterious illness is probably carbon monoxide poisoning from either the Zamboni or else a fresh air intake vent. Although Urbandale police did not find elevated levels they might check out venting where the patrons were seated. I’ve seen this up north at UNI where deliver trucks would park with engines running outside the facility, a lab, and the fumes were then being sucked into the building making the lab workers sick. I’ve covered carbon monoxide poisoning previously. Follow this link to the Lombardi Law Firm search for carbon monoxide poisoning.

Unexperience and Teen Driving - Onto Winneshiek County we head, where a one-vehicle crash killed a Minnesota teen and injured several others. Riding as a passenger in a Ford F-150 pickup truck Joshua Evers, just 18 out of Rochester, Minn. died as a result of personal injury caused by the collision. ” The injured include the driver, Brenden Christensen, 18, of Winnebago, Minn.; Bobby Wild, 19, of Lansing, Ia.; Shenyse Tharp, 18, of Holy Cross, Ia.; Trey Dylsin-Hillyer, 18, of Frost, Minn.; Keisha Kerr, 19, of Postville, Ia.; and Kristin Easley, 19, of Preston, Minn.”

According to the article from the Register Christensen was the driver and failed to negotiate the curve at 245^th Avenue to the north of 200^th Street. The accident happened at around 9:15 a.m.

Medical condition while driving - From northeastern Iowa we go again to central Iowa and specifically to Ames, Iowa and back again on I-35. In this car or bus accident the rock-band bus for Georgia rock band Widespread Panic died of a medical condition just prior to a series of collisions. I’ll update this post with names when I locate the accident report. I keep trying to persuade my wife that we should buy a rock band bus, make fake rock concert tickets and t-shirts, then get on the road giving them away. All across the country we will take pictures of people with promoting gullibility and having a great time. Update: Interesting enough this chain reaction is described as common when people driver and fail to leave enough room between the front of their car or truck the rear of the one to the front. Add speed and you’ve got a recipe for disaster.

Watch the road - On U.S. Highway 59 Marcella Schwery, 68 from Panama is thought to have crossed the center line hitting a car being driven by Christina Cotant, 26 of Avoca. It looks like three people were killed including Robert Schwery, 71 of Panama. Check out the article here. If the cause of this head-on collision is accurate then Schwery would be the at-fault driver, although if there was a medical emergency she may not have been excused from her fault. Interesting huh?

Playing by the rules - More charges came out of Polk County over the filmmakers’ use of tax credits. See the article here. These have to do with two California filmmakers. Can you say black eye?

The Economy makes people do stupid things - From Iowa Orchard we have the Great Pumpkin caper and 220 pumpkins going missing. Seems like a sign of these bad economic times.

ATV Accidents, Brain Damage, Broken Legs and Death

Steve Lombardi — Wed, 02 Nov 2011 04:02:30 -0600

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

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

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

]]>For additional articles on ATV safety and personal injury read these articles and visit KCRG, the Des Moines Register, KCCI, Radio Iowa and also our friends in Texas at Perlmutter & Schuelke .

1. ATV SAFETY: PROTECTING THE DRIVER AND PASSENGER

www.lombardilaw.com/.../atv-safety-protecting-the-driver-and-passe...

ATV rollover accidents cause serious personal injury and can kill the driver and passenger. In this article we discuss one Iowa accident that killed the driver and ...

2. Helpful Internet Safety and Personal Injury Resources | Lombardi ...

www.lombardilaw.com/resources.cfm

ISP. Hoefs Fatality. Blocking Roadway I-80 · November 28, 2010 Montgomery County Crash - Passing at Hill's Crest · ATV Safety is not a matter of luck ... You've visited this page 6 times. Last visit: 10/24/10

3. We are thinking of buying an ATV, what Iowa laws must we follow?

www.lombardilaw.com/.../we-are-thinking-of-buying-an-atv-what-io...

No one under 12 can operate an ATV unless on private land. No one under 18 can operate an ATV on public lands unless they possess a safety training ...

4. What rules will apply to using an ATV on public lands in Iowa?

www.lombardilaw.com/.../what-rules-will-apply-to-using-an-atv-on-...

For an ATV or motorcycle, the passenger must be seated behind the operator and ... A valid driver's license is required to operate an ATV or motorcycle when ...

5. Another ATV Accident in Grundy County, Iowa

www.lombardilaw.com/.../another-atv-accident-in-grundy-county-io...

Sep 26, 2011 – Iowa ATV Accident Legal Lawyer Analysis and Commentary contact Steve Lombardi at 515-222-1110 or sdlombardi@aol.com. Lawyer with 30 ...

6. Another Iowa ATV death from the Cedar Rapids area

www.lombardilaw.com/.../another-iowa-atv-death-from-the-cedar-ra...

Jul 4, 2011 – Iowa personal injury accidents call the Lombardi Law Firm. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110. - 515-222-1110 ...

7. Which State Parks in Iowa allow ATV's?

www.lombardilaw.com/faqs/which-state-parks-in-iowa-allow-atvs.cfm

If you intend to ride an ATV, dirt bike, or an ORV on public land the ATV must be registered. Nonresidents must display an Iowa nonresident user permit.

8. ATV, Bike & Motorcycle Accidents Blog

www.lombardilaw.com/blog/atv-bike-motorcycle-accidents/

Another ATV Related Death in Sioux Center, Iowa ... On the ATV was a five year old passenger. ... Sioux Center boy dies in ATV accident, October 5, 2011. ... You visited this page on 10/6/11.

9. Some bad ATV crashes | Lombardi Law Firm

www.lombardilaw.com/video/some-bad-atv-crashes.cfm

Mar 22, 2009 – If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us.

10. ATV Accidents | Lombardi Law Firm

www.lombardilaw.com/video/atv-accidents.cfm

Mar 22, 2009 – There is an ATV Safety (having to do with death and injury from ATV's) page by the government where you can learn about the ATV safety ...

Another tower worker falls to his death

Steve Lombardi — Fri, 28 Oct 2011 04:22:46 -0600

An Iowa man working in Massachusetts fell from a 500 foot tower and died. We’ve covered fall arrest protection gear previously and can’t stress enough the importance of knowing why workers need it as an essential tool in their tool chest. The question isn’t whether you can prevent a fall by tempting fate, the question is when you fall will the fall be arrested. It’s really that simple.

We were contacted by Paul Shnurr of the Hailo Company, a company that supplies man-lifts to wind mill owners and other high rise structures. Follow the link to see how your workers can be safe while saving money. I’ve copied Paul’s email to me into this blog post.

]]>Here are the links to the story.

Iowa man dies in Massachusetts fall
Fort Dodge Messenger
A worker identified as an Iowa man was killed in a fall from a communications tower west of Boston Wednesday. Matt Peterson, spokesman for American Tower ...

Worker killed after falling 500 feet from tower
My Fox Boston
NEWTON (FOX 25 / MyFoxBoston.com) - A worker has been killed in a fall from a ... The victim has not been identified but it is believed he is from Iowa. ...

American Tower Corp. worker killed in 500-foot fall near Boston
Radio-Info.com
The unidentified man, originally from Iowa, was a contractor for American Tower Corp. The company says "We are deeply saddened by the death of one of our ...

Subject:

wind mill industry/ possible saving workers compensation

Date:

10/10/2011 4:58:36 P.M. Central Daylight Time

From:

pschnurr@hailo.us

Reply To:
To:	sdlombardi@aol.com

Dear M. Lombardi,

My name is Paul Schnurr and I work for Hailo US. Hailo, a company that mostly serves the wind mill industry and renewable energy sector.

Our products are mainly safety access components, such as climbing ladders, fall arrest safety systems and man-lift/elevators for service wind tower technician.

I am reaching out to you today to receive your advice and guidance on how we can show and proof that companies who have service technicians going up and down a wind mill tower will save money with installing a man-lift (elevator for service technician) inside their tower.

I did some investigation and learned that due to climbing a ladder the chances that the technician receives sooner or later joint problems/pain related to climbing a 260 feet tower (about 24 stories tower) are very high. I learned also that this will increase the company’s workers compensation rate.

With using a man-lift (elevator for service technician) those issues will not arise BUT will the opposite will happen. I learned that the workers compensation rate can be reduced due to the reason that a man lift inside of a tower is considered being safer than climbing a ladder! Is this information correct?

The most wind mills (over thousands) across the USA do not have a man-lift installed because companies do not see the actual $$ of savings in workers compensation due to an installation of a man-lift.

I kindly would like to ask if you could please help me to show how much a company would save by installing a man-lift.

Also, when I look from an emergency perspective and a technician needs to be rescued a distance of 260feet on a ladder which will take very long and with that may have significant impact on the rescued person who needs urgent professional help.

Please find some pictures for more information as followed:

Wind mills man-lift for wind mills climbing a wind mill on a ladder to reach the engine room (climbing up to 260feet)

Side note: When we look at buildings almost every 4th or 5th story building has an elevator installed but how can it be that a 260feet wind mill tower (about 24 stories) does not have a man-lift for the technician. Could this industry also be compared to the mining industry? I believe every mine has a man-lift/elevator.

I am very thankful for your help and advice!

Thanks and have a blessed day!

Paul Schnurr

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

Steve Lombardi — Mon, 10 Oct 2011 05:00:01 -0600

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.

Follow this link to the Modern Family website.

When Good Kids Go Bad

Another ATV Related Death in Sioux Center, Iowa

Steve Lombardi — Sat, 08 Oct 2011 05:50:25 -0600

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

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

]]>

Helpful Internet Safety and Personal Injury Resources | Lombardi ...

www.lombardilaw.com/resources.cfm

ATV, Bike & Motorcycle Accidents · Wearing a helmet can save your life and your brain. Motorcycle Crash in Black Hawk County · Motorcycles and Trucks are an ...

What rules will apply to using an ATV on public lands in Iowa?

www.lombardilaw.com/.../what-rules-will-apply-to-using-an-atv-on-...

For an ATV or motorcycle, the passenger must be seated behind the operator and ... A valid driver's license is required to operate an ATV or motorcycle when ...

Des Moines Accident Attorney and Iowa Worker's Comp Lawyer ...

www.lombardilaw.com/

ATV, Bike & Motorcycle Accidents · Wearing a helmet can save your life and your brain. Motorcycle Crash in Black Hawk County · Motorcycles and Trucks are an ...

ATV SAFETY: PROTECTING THE DRIVER AND PASSENGER

www.lombardilaw.com/.../atv-safety-protecting-the-driver-and-passe...

ATV rollover accidents cause serious personal injury and can kill the driver and passenger. In this article we discuss one Iowa accident that killed the driver and ...

We are thinking of buying an ATV, what Iowa laws must we follow?

www.lombardilaw.com/.../we-are-thinking-of-buying-an-atv-what-io...

No one under 12 can operate an ATV unless on private land. No one under 18 can operate an ATV on public lands unless they possess a safety training ...

Another ATV Accident in Grundy County, Iowa

www.lombardilaw.com/.../another-atv-accident-in-grundy-county-io...

Sep 26, 2011 – Iowa ATV Accident Legal Lawyer Analysis and Commentary contact Steve Lombardi at 515-222-1110 or sdlombardi@aol.com. Lawyer with 30 ...

Some bad ATV crashes | Lombardi Law Firm

www.lombardilaw.com/video/some-bad-atv-crashes.cfm

Mar 22, 2009 – If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us.

ATV, Bike & Motorcycle Accidents Blog

www.lombardilaw.com/blog/atv-bike-motorcycle-accidents/

Another Iowa ATV death from the Cedar Rapids area. Iowa personal injury ... 515-222-1110. Labels: accidents ATV injury iowa lawyer personal. 6/23/2011 ...

ATV Accidents | Lombardi Law Firm

www.lombardilaw.com/video/atv-accidents.cfm

Mar 22, 2009 – There is an ATV Safety (having to do with death and injury from ATV's) page by the government where you can learn about the ATV safety ...

Another Iowa ATV death from the Cedar Rapids area

www.lombardilaw.com/.../another-iowa-atv-death-from-the-cedar-ra...

Jul 4, 2011 – Iowa personal injury accidents call the Lombardi Law Firm. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110. - 515-222-1110 ...

Oops Moment - Iowa store contest challenges employees to name next employee to be fired

Steve Lombardi — Thu, 06 Oct 2011 05:05:33 -0600

Some days we look back at what we did and wonder why we didn't see how dumb it would look in retrospect. Here are a few recent examples.

An Iowa convenience store chain manager created a contest for employees. The employees were asked to name the next co-worker to be fired. An Iowa judge called the contest deplorable. This mis-manager may need a time out. There is no indication if anyone picked themselves.

The imaginary-baby adoption lady is said to have violated probation and in trouble again.

The Iowa Supreme Court puts down its foot with police monitoring of attorney “confidential” visits with arrestees. Private and confidential means just that – private and confidential. You mean that video recorder and making the lawyer scream at his client through Plexiglas makes that impossible? See Barney Fife being told to go to jail, do not pass go, just go straight to jail.

Nip it in the bud Barney. Here is an actual scene from the Ankeny Police Department video interrogation.

http://youtu.be/sL9TunUh_bw

If only they understood The Cobra method of interrogation.

Trust me, I can't make this stuff up. My imagination doesn't work this well.