Nail Guns, Brain Injury and Social Media

Worker factory-industry-apron-438866-h.jpgAt 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

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


 

You Shouldn't Ignore the Value of Litigation

shooting-oneself-in-the-foot.jpgA recent article I read interested me from a professional standpoint towards workplace safety but I thought it missed a major point about litigation. This article of interest explores the dangers of being a farmer, but ignores the contribution of civil trial lawyers. With this I take exception.

The article written by Rick Ruggles of the World-Herald out of Omaha, explores the dangers, past and present, of farming in rural America. While the article points to engineering as making farming safer it fails to point out how lawyers have contributed to pressuring the re-engineering of farm equipment to make it safer.

Like it or not, lawsuits have done much to make farming a safer profession.

  The three examples that come to mind are unshielded PTO shafts, augers and tractors sold without rollover protection (ROPS). Those three pieces of farm machinery did more damage to limbs and took more lives than probably any other dangers in farming; one still does. Manufacturers packed the standard writing organizations with like-minded engineers who argued changes weren’t feasible. Farmers continued to die while lawyers poured their own funds into litigation suing manufacturers to force loftier engineering standards that ultimately resulted in safer farming equipment.

Of course farmers should hug us not hate us. 

So say you hate us all you want, but we ain’t going away and it has everything to do with life and limb compromised by unsafe products and services. And as personal injury lawyers we know better than to simply catalogue the progress without following the money; our money and what it’s done for farm safety. Turn us away from the courthouses and you shortchange yourself and increase the risks you face while farming. It's pretty simple and sometimes referred to as the Golden Rule. Do unto others as you would have them do unto you.

 

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

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

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Question: How is negligence determined in personal injury cases?

Domenico-Fetti_Archimedes_1620 Wiki.jpgQuestion: How is negligence determined in personal injury cases?  

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

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

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?

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

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

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

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

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

Facebook user accused of arson

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

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

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

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

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

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ATV Accidents, Brain Damage, Broken Legs and Death

Keith Urband IaState Fair 1 crop nd bw.jpgWe’ve previously covered ATV accidents, ATV accidental death and ATV accidental injuries in Iowa. Follow this link to read articles on the Lombardi Law Firm website. You may also go to our site and do a search in the search box. Just enter the search term ‘ATV’ and it will list the articles.

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

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

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Another tower worker falls to his death

fall_protection_1990230.jpgAn 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.

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

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

Follow this link to the Modern Family website.

When Good Kids Go Bad

See also this link

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

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

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Another ATV Related Death in Sioux Center, Iowa

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

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

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

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. 

Another school bus drunk driver case

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

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

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

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

Texting is so yesterday.

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

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

http://youtu.be/dES9_n7ou8w

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Premise Liability and Cooking Meth

Smoke Blue Stream of Smoke.jpgIn 2010 I wrote two articles about cooking methamphetamine and the risks of an explosion and fire. On Youtube there is dramatic footage of buildings exploding from the combustion processes involved with the manufacture of meth. In Iowa's latest news report I’m reminded once again about the dangers to neighbors where meth is being processed. For those living in the vicinity of a suspected meth lab, call law enforcement, after all your life or your kid’s life may depend on it.

In a recent case two people were sentenced to long prison terms for this very thing. See Iowans sentenced in meth case stemming from fire, Fort Dodge, Iowa, The Messenger. Aug. 30, 2011.

For more information search Youtube for “methamphetamine explosions”. 

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Beat Cops and Tweet Cops Patrol Twitter and Facebook

Domenico-Fetti_Archimedes_1620 Wiki.jpgWhen the virtual world is not so virtuous

A student posted this comment on a social media site: “Who wants to shoot up the DMACC Ankeny campus the same time I shoot up the Urban campus?”

Twitter post results in DMACC student’s arrest, Tom Alex, Des Moines Register

You can almost guess what happened next. He was charged with first-degree harassment.

But this isn’t an isolated incident of social media being used as the basis for the filing of criminal charges. In this country, land of the free and home of the brave, words alone posted in a virtual world have become evidence of criminal activity in the real world. With the wide dissemination of information on social media sites, free speech isn’t so free any more. Freedom of expression doesn’t equate to freedom to say anything. Anything you say can and will be used against you in a court of law.

A lawyer I recently broached this subject with, described how in a criminal case the defendants already charged with one crime, used Facebook to organize intimidation of witnesses against them. To their chagrin the prosecutor knew how to use Facebook. What is it with people thinking that you can say anything online and somehow you have immunity from reason? Why do people believe they can say anything in the virtual world without being held responsible? Is it because somehow there is a disconnect between what is typed and posted but not spoken by the out loud? 

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Can I Rent from NetFlix's the Iowa Supreme Court Arguments?

MollyOral arguments before the Iowa Supreme Court are now live and streaming on the Internet. Unless you’re a lawyer, and in most cases involved in the case, you’ll find this about as exciting as watching corn grow in August. There was an outcry the courts were too secretive and maybe something fishy was going on behind those closed doors that allowed the gay marriage decision to come out of the Constitutional closet. 

The idea that somehow the Iowa Supreme Court operates in secrecy is preposterous and leads me back to the Law of Molly. Whenever there is thunder, our dog Molly hides her head under the bed as if that alone will protect her. The photo is Molly after the thunder stopped and she finished hiding her head - just as the Vander Platts group wants you to do. Each is acting foolish.

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

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

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

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

Here is the real disgrace.

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


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

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

Spectators sometimes became part of the Coliseum show -

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

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Are lawyers being taken with marketing hoopla?

I’ve been gone over a month and a half. I needed the break from writing, blogging and complaining about the practice of law. So I took it. Yada-yada-yada... Someday I’ll discuss the reasons but not right now; just too many things hitting me too close together in time. One of the issues you can read about here and here.  So realizing I needed a break, I took one. I’m still not back completely emotionally from all of this and there is no way I’m writing like I was, but for now let’s see how it goes. Today I want to talk about legal marketing. So hang in there while I work on my gripe meter and hopefully get back in shape.

Let's have Miley Cyrus help us today on the beaches of Tybee Island.

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Honesty and fairness have nothing to do with insurance defense - HONEST!

Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

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Where can I find the latest credit card scams?

snowy country lane.jpgKnowing what the latest credit card scam is can help you to understand why the merchants ask the questions they do when making a purchase. Rather than getting miffed by those questions you will appreciate the merchant's challenge with providing the customer with credit card services while not getting taken by scam artists. To better understand those challenges read the scam page on the Fraud Watch. See this link to “Fraud Watch” about the latest credit card scams being employed to obtain your personal security information. Here is one scam involving the three digit number on the rear of your credit card.

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Is someone spying on your credit card?

Criminal Crime.jpgWhat’s in your wallet? 

I buy gas using a credit card and a recent email pointed out we should all be hitting the "CLEAR" button at the pump after concluding our purchase. The email pointed out there is a way for someone to come along after you've left and to charge gas on your card. True? I'm not sure, but for the sake of safety I'm willing to push the clear button. But what about those stories that say electronics have advanced enough for someone to read the information off of your CC while it's still in your wallet? Can that happen and if so how will technology protect us?

We all find the Captial One commercials funny, or least some people do. But what about those electronic strips on your credit cards and identity theft issues that we read about and with fingers crossed sort of ignore? Need we be concerned about someone surreptitiously gathering the info off of our cards? Well, to understand the answer to that question we need to go back to high school science class to learn about the faraday cage. If you learn this lesson you'll be a long way to understanding the direction technology is heading.

Will the faraday cage protect a bird on a cage and what's in your wallet?

It may, but for you to appreciate why and what you need to know let’s first learn about the faraday cage?

Four options for learning about the faraday cage; although for purposes of this article you probably don’t need this detailed an understanding. Option One, Two, Three and Four.

Now let’s get back to the bird on a wire. High Power Electrical Line Maintenance Worker or as their Instructor says, "On a magic carpet".

A Faraday cage or Faraday shield is an enclosure formed by conducting material or by a mesh of such material. Such an enclosure blocks out external static electric fields. Faraday cages are named after the English scientist Michael Faraday, who invented them in 1836.

A Faraday cage's operation depends on the fact that an external static electrical field will cause the electrical charges within the cage's conducting material to redistribute themselves so as to cancel the field's effects in the cage's interior. This phenomenon is used, for example, to protect electronic equipment from lightning strikes and other electrostatic discharges. 

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What's a bird on a wire?

You could also ask what’s a faraday cage? This is really an interesting video.

High Power Electrical Line Maintenance Worker or their Instructor – On a magic carpet. Remember this because you'll need to know about the Faraday Cage later today.

What is a case mis-manager?

Witchcraft.jpgA case mis-manager is a high-priced spy the workers’ compensation insurance programs hire to say they are there to help and all they do is twist the facts in order to persuade the doctor to release the employee so the employer’s can terminate an injured worker’s benefits. Some have fancy initials after their names and some don't. Now not all case managers are mis-managers, but most see their jobs as exactly that.

How can you tell the case mis-manager from those who are there to help the injured worker?

  • First see if the person the insurance company hired is breathing; if they are breathing then it's more likely than not that they are a mis-manager.
  • Second see if they are breathing.
  • Third, if they pass 1 and 2, then ask a question and if you get any sound coming from their pie-hole they are a mis-manager.
  • Fourth, take a pulse, and if you get a reading they are a mis-manager.
  • Fifth, ask who hired them; if it wasn’t you or your attorney chances are pretty good they are a case mis-manager.
  • Sixth, ask them why they are there; if they give you an answer chances are they are a mis-manager.
  • Seventh, ask them if they have every argued for payment of a higher weekly compensation rate for the injured employee. If they answer you with anything other than “Sorry, I have to call 911 I think I may be having a heart attack!” then they are a mis-manager.
  • Eighth, ask who is paying them. If they don’t say they’ve won the Nobel Peace Prize, are independently wealthy and that their name is Mother Theresa, then chances are they are there to mis-manage your case.
  • Ninth, ask for a reference from an injured worker. If they give you one then chances are the person who signed the reference is either dead, brain dead or locked in jail in a third world country.
  • Tenth, if you get through the first nine rules but forget any of the rules see rule number 1.

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Wiccan America's Sexy Sarah see Romania from her kitchen?

Witchcraft.jpg

“All you need is ignorance and confidence and the success is sure.” Mark Twain

On November 30, 2010 I wrote Will Iowa Voters Next Bring Back the Witchcraft Act of 1542? Little did I know how out in front of this issue I was?

Bucharest, Romania - Romanians have changed labor laws to officially recognize witchcraft as a profession. Oh Sarah Palin would be so happy; finally she could have a real job.

TARROT CARDS – SPELL KITS – WANDS – JEWELRY – RITUAL TOOLS – CANDLES - INSENSE

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Let's Roll On Into Roll-Over Accident Thursday

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

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

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

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Why is an Unshielded PTO Shaft and a Woman Scorned a lot alike?

Gears for Industry jscreationzs  FreeDigitalPhotos.net.jpgThe question asked this week was, what is a PTO, a power take off shaft and what does it do?

A PTO is a power takeoff shaft commonly found on tractors and used to transfer power from the tractor to a piece of motor-less equipment. (See also universal joints.) Farm implements that standalone, like augers and other types of grain lifts need power to turn the gears and conveyor mechanism; to do that power is provided by a tractor’s power take off hookup. The shaft is a separate piece of equipment that hooks into the rear of the tractor and then into the implement, in this case the auger. The shaft turns, and like a drive shaft as it turns the power turns gears through couplers that power the implement and make it useful for work.

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The Apology Shield - Who came up with this idea?

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

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How to Secure the Long Tail of Your Firm's Legal Internet Marketing Strategy

Image: jscreationzs / FreeDigitalPhotos.netWithout a plan the long tail of your marketing plan can get chopped off

Once again this week I’m reminded of why I own and control the blogging content I write. A potential client contacts me having found me on the Internet through a Google description to a link that no longer works. The link doesn’t work because the platform I was using then took down my content after we went our separate ways several years ago. When I left that group no one asked what I thought should happen to the content I'd written, no one sent me a disc with the content so that I could repost it and no one allowed me time to transfer the data. Spite? I’m not really sure you’d have to ask them. The fact I was driving 10,000 to 20,000 unique visitors a month might have something to do with it. Like I said you’d have to ask them.

The potential client was not able to read the entire blog, only the Meta data description Google still has in its giant memory. This is in part how the long tail of Internet marketing works. What is the long tail?

The long tail is your content working 24/7/365 times as many years as you’ve been writing content and posting it online. It’s a long tailing of information about those areas of the law that you practice and write about. Here are some links if you’re still scratching your head about the long tail. Link, link and link. I could go into a fishing analogy, but today I'm not willing to share that insight with you. Let's get back to how to protect your long tail.

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Can working with welding rods cause medical problems?

Welder welding.jpgOnce again I’m asked a question I find an interesting one about worker’s compensation. In this instance it has to do with a worker from California that welded for a living, now is older and having medical problems. It’s a difficult question to answer because at this point in the man’s life I’m not sure any legal solution will be adequate. Perhaps that is why this question needs to be considered; so that younger workers realize the dangers of breathing the fumes from your work as a welder.

Question: Can working with welding rods cause strokes, brain damage or other work related medical conditions?

Here is the specific question asked of me. Hello, I just this past weekend was talking with our younger son regarding his father's career of welding while repairing semi trucks for many years.  He told me there is a connection between his work and his brain damage that has occurred over the past three to four years, some from strokes, other not quite sure why.  Can you tell me if there is any connection?  My husband welded with many different materials some of which were ferrous metals...he worked with CA for many years.

Thank you for any information that you can supply me with will be greatly appreciated.

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Tattoo Welcomes Congressman Kucinich to Tort Reform's Fantasy Island

Washington Street Meets Mr. Tort Reform

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.

I could think of only one worse decision by someone in the public’s eye.

Congressman Kucinich to his staff after news broke of his errant filing:

Quickly where's da plane! Da plane!

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Son, don't lose that day job.

Match Head lit.jpgWhat is the average settlement for auto accidents with moderate injuries in Iowa?

This is the question I’m asked on another blog site. … The one lawyer that answered before me was put-off by the man’s attempt to get free legal advice and his answer reflected his contempt for the attempt. My answer wasn’t as curt, but still the other lawyer has a point. That said I can do better. Here is how I answered the question.

An average settlement for a moderate injury is usually a moderate settlement. You can see I'm being intentionally and professionally vague. I don't know what you do for a living, but if you were a farmer and I asked how long it would take an average farmer with an average tractor to plow an average field the farmer would look at me and say, "Son, don't lose that day job."

The bottom line is without knowing the injury, the circumstances, the degree of fault likely to be assigned to each party, the mechanism of injury, the medical condition, the medical bills, the wage loss, if there is any expected reduced earning capacity, what the medical records say about the level of pain suffered and likely to be suffered in the future no one can answer your question. Anyone can settle a $10,000 case for $1,000. Even a non-lawyer can. In my experience even with paying a contingent fee, 99% of the time you get more with a lawyer than without.

Does that answer your question? If not then son don't lose that day job.

A Simple Screw Head Can Cause an Elevator or Escalator Accident

Escalator.jpgThe tightening of a screw can prevent a personal injury.

I received a letter from a company that does certified conveyance training along with a story about a woman in New York whose leg was caught in an elevator door while the elevator ascended 8 floors with her leg sticking outside the door. This one makes me cringe. I wondered if the story was accurate. There were several reports I found on the Internet confirming the story. See here, here, here, here, here and here

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What or who breached the Iowa DPS Website?

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

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

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

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Trailer Park and Mobile Home Fires

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

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

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Where public policy collides with the practice of medicine and libel law

Medical Septer.jpgToday 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.

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God help us if we are ever this stupid

Dice buy sell.jpgGrowing 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.

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After Congress should we ditch the insurance industry?

Targeting_success_3d_man_employee_worker.jpgYou 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.

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

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

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

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

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PI Stories from Around Iowa

Evidence.jpgThe family of a fifth grader was awarded $67,000 in restitution from a former Iowa City guidance counselor who is reported to have been convicted of sexual abuse of the boy. See

The cause of 24 of 30 roof rafters collapsing is said to have been by wind forces. The roof itself collapsed under heavy snow nine months ago. I have to wonder who the design engineering firm is and whether they were disciplined by the state licensing board. Doctors and lawyers disciplinary reports are made public; engineering reports should likewise be made public.

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Systematic Destruction of Evidence

Evidence.jpgIn this post I want to point out the systematic destruction of evidence by insurance companies.

At the bottom of this point I’ve reported on a car accident, a single-car-collision in Iowa that took place in Buchanan County. That accident demonstrates a point I see time and time again in the practice of law. The law doesn’t forbid it, but it should or people should be smarter about when they hire an attorney and why they need to hire one. Let’s first look at the key piece of evidence in this accident. It’s a blown tire case.

In this blown tire case there are four passengers in the car that ended up being injured. Each passenger is hurt, some probably very badly. The four leave the accident by ambulance and are taken to an area hospital. Now I do get telephone calls from time-to-time asking about these types of cases. The reasons vary but normally they aren’t for the reasons most people think. They aren’t out to get rich; far from it. Iowans are a reasonable group of people for the most part. There are exceptions, but overall they normally aren't out looking for a free ride. No, the typical call is them trying to find a way to pay medical bills; medical insurance coverage is in this country a national debate for a reason. It's just too expensive, but I'll leave that for another day's blog.

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Wright County, Iowa Egg Timeline from the Food Poison Journal

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 Marler-Clark published a timeline for the Wright County Egg's Tale of Woe: a timeline. It lays out the entire sequence of events leading up the egg recall for millions of eggs.

For those interested in food poisoning and in particular this egg controversy, see the Food Poison Journal.

I'm not sure to feel bad for the industry or wonder if they have all this negative attention coming to them. In other words did this company bring this on itself? This negative publicity has to be costing them an enormous amount of money.

Going green just got less greener.

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.

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It's Monday Morning PI Roundup in Iowa

This morning is Monday Morning Roundup of the personal injury news from around the State of Iowa. Let us see how Iowans are getting seriously injured or killed.

Gay Non-News - Bob Vander Plaats continues to distract voters with his efforts to get attention by blaming the Iowa Supreme Court for God’s work in making people gay. Now he’s saying the Iowa Supreme Court should have sent the issue to the Iowa Legislature rather than decide the controversy before them. Bob, Bob, Bob this isn’t all that difficult an issue. The Iowa Legislature passes laws and the Courts decide controversy’s interpreting or applying those laws. It’s basic civics 101 from high school. You did go to high school didn’t you? Next he’ll be advocating gay counseling to un-gay them.  I’m beginning to wonder why Bob is so interested in this subject.

Spencer, Iowa – The debate between Agriculture Secretary, Bill Northey and his challenger Francis Thicke involved a lengthy discussion about the egg recall, how it has affected Iowa’s reputation and how to change state regulations to protect consumers.

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Is Hydraulic Fracting for Natural Gas the Next Big Class Action?

Fracting for natural gas is a process of drilling for energy to extract natural gas from the earth. Here is a pretty good explanation of the process.

Fracting is the process of pumping millions of gallons of water or chemicals into the ground to help extract natural gas from the earth.  The pressure causes the ground to fracture, releasing natural gases.

The Congress has exempted fracting from being regulated by the EPA. As a result it's up to individual States to monitor and to regulate. New York has the Marcellus Shale. Like New York this kind of geologic formation can be found across the United States. The process is important to America's energy independence, but isn't without controversy. Today's post is about such a controversy. In West Virginia a crew dug a water-well in someone's back yard. They could smell natural gas and now they can light the tap water on fire. Watch the video.  The same thing occurred in Candor, New York above the Marcellus Shale. This of course makes one wonder if fracting for natural gas will lead to liability over damages caused by explosions or poisoning of the residents. This man in the video has had the problem for three years and no one has investigated. Why?

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Why in the equipment lease, is the "hell-or-high-water clause" such a royal pain?

Royal_Links.jpg

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.

Royal Links USA - Claim Form – Victim Impact Statement

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Another Dam Break in Iowa Likely in Floyd County

Water is undercutting the concrete dam and a “possible” failure was announced by, well we don’t know who officially is announcing it. The story sites a meteorologist with the announcement. Last I checked meteorologists from news channels aren’t government officials. The dam is in Floyd County, Iowa that dams the Shell Rock River in northern Iowa.

This story carries some pretty nice photographs around Iowa of the flooding. 500 images of flooding in Iowa have been uploaded.

See Iowa Flood News Compendium

What's behind the fireworks over the 4th of July spectator suit filed in Jackson County, Iowa?

fireworks1.jpg

There was a horse stampede at a parade in Jackson County over the 4th of July. The stampeding horse injured many people who were present just to watch the parade and enjoy the holiday. On August 11, 2010 the first of what will be several lawsuits was filed at the Jackson County Courthouse. The online story is bringing a barrage of comments under the KCCI news story. Today I wonder aloud if those making comments are for unstated reasons, being disingenuous. Could the purpose of those comments be to poison the jury pool; or, have cruel, insensitive, rude and otherwise uneducated comments on the Internet become the standard for unhappy people who can type on a computer?

The comment section under the KCCI story is interesting, but not because there is any substance to the discussion or anything of value being discussed. There is not much about the issues and too much about what is unimportant. Why I find them of interest is because those commenting lack a basic understanding of our American system of civil justice, or how justice and business intersect with the insurance industry and how recovery of costs associated with insurance subrogation maintain a lower insurance premium that I'm sure most of those commenting pay. People you need to get either an education or a life.

Aug. 19, 2010 7:03am CST
 
Steven Mack and his dingbat wife or you could say Stacey Mack and her dingbat husband should be taken out and horse whipped. It's people like that which make me sick. Course if dingbat # 2 had a name like Steve instead of Steven he would know what he is doing is wrong.

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Forget Dams Bursting, Are Collapsing Bridges Next?

02_2.jpgThere seems to be a tidal wave of legal questions swirling in the murky waters of Iowa lately. The more rain we get the wetter are basements and legal briefs. The wetter that basements get, the more that claims will be made to insurance companies. The more claim files grow, the more important it is for the insurance industry to protect the float through delay and subrogation. 

In every insurance cubical you can read two wall hangings that remind the troops of their mission:

Delay and subrogate!

From the bursting dam at Lake Delhi, to a failed levy to our west and flood waters rushing over the banks of too many of Iowa's rivers, the Courts can expect and onslaught of water-related property damage cases. 

When it comes to Lake Delhi the homeowners talking to claim adjusters those homeowners might as well be living in New Delhi, India. After talking to your insurance agent and adjuster you'll think the people on the other end of the phone call were in one of Dell Computer's customer "dis"-service call center in Mumbai, India. You'll be sctaching your head and thinking the Tower of Babel might be easier to figure out.

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Did the condo board just toss you a live grenade?

35_2.jpgWhat's wrong with this picture? Your daughter says she just bought a car from the local used car dealer; she's already signed the papers, but never drove it and never even thought of looking under the hood to see what the engine looks like. She tells you she spent $10,000 buying it. What do you say to her when she asks you if it is a good deal?

Well, being a father I can imagine what you're thinking. Hang in there with me for a moment because this is really about you. As a lawyer let me ask you a question: How is her buying that car any different than the what most of us do when buying a condominium or a townhouse?

The "normal" way people buy a condo or townhouse.

The real estate agent shows you a condo or a townhouse and tells you all about what a good deal it is. They provide the bare bones disclosures required by law and you make an offer to purchase, negotiate and then buy it. You did all of that without knowing anything about the financial well-being of the homeowners' association. (HOA) All the while you want to trust the integrity of the realtor. You paid for professional services, which you assumed meant the realtor was there to protect you; but were you protected?

Did the realtor protect the buyer or the seller? Who protected you the buyer?

Let me be of some assistance with your next purchase, because there is big trouble coming for many HOA boards and chances are it will be dropped right on your doorstep. There is a lot of flooding going on in Iowa and it provides a good opportunity to explain to you a defect in the way you buy real estate.

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Where is your good neighbor now?

146_1.jpgDon’t you hate lawyers? After all aren’t the lawyers responsible for all those frivolous lawsuits? Here sing with me. Rain, rain, go away come again another day. Many Iowans with some form of water damage are mad and will probably be madder after they speak with their good neighbor or the guy who they are supposed to be in good hands with; your homeowner’s insurance company. They will call the lawyer right after the homeowner finds out that their good neighbor isn't so good or that they aren't really in a pair of good hands.

For 8 years I tolerated listening and reading about tort reform and today I’m here to remind you why it made no sense then and won’t to you today. Eight years is a long time to listen to it because lawyers know what happens when you file claims under your insurance policy. We knew sooner or later you would have to call the lawyer.

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Balloons explode causing physical burns, but what about PTSD?

_GUF6008-Modifier.jpgAt the University of Iowa a staff person was injured when eight balloons exploded during transport.  The worker filled what is reported as eight balloons with either hydrogen or a mixture of hydrogen/oxygen, placed them inside a Ford Explorer and the explosion occurred when he opened a side door.  The worker is reported to be Dale Stille who was transporting the balloons as part of an educational science program with Hawk-Eyes on Science.

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Homeowner Flood Victims Told by Insurance Companies, Sorry You're SOL.

Earth floating on water.jpgThe 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?

Damage Often Needs Separate Coverage From National Program, August 13, 2010

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Listen... Here that? "Ka-Ching" What is it?

smile_1.jpgThat's the sound of your $$ in the insurance adjuster's pocket. To the insurance industry it's called promoting the float. The float is the money they keep while you wait. It's insurance wealth that belongs to you, but insurance uses it during the delay that they create. Ka-chingggggggggggg!!! Thanks!

Insurance Lullaby: Ka-ching, ka-ching, ka-ching! Insurance Executives: Thank you juries! We fooled you again. Remember we're not to blame, it's those trial lawyers! The ones trying to help you! Oops sorry I wasn't supposed to remind you. We're your good neighbor; you know the one's you're in good hands with! Smile! Bigger ka-ching!

Sorry, when it comes to the insurance industry I love being sarcastic. A lady wrote asking me if the insurance adjuster can unilaterally assign her 50% fault for the accident even though she was not ticketed and the other driver received a citation for failing to yield the right-of-way.  The adjuster believes a driver is automatically at fault, no matter what, and he deducts 50% from the property damage. My advice is pretty straightforward and simple. He's trying to delay paying you. Can you say ka-ching?

Today let's talk about the American styled insurance that protects the float by promoting delay. When you're in an accident you need to know how to protect your claim. Because if you don't protect your claim by keeping the facts straight, you allow the adjuster to promote the float through their delaying a fair resolution. You may be honest, but don't be dumb and allow the adjuster to maladjust your case.

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College Life and Hard Liquor Don't Mix at ISU

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

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

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Is it un-American to compare exotic dancing and the demolition derby?

adult-entertainment-bar_~u23290967.jpgFor 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.  

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When it comes to nature is it still true that Mother Knows Best

Have you ever seen a lake empty in a matter of minutes? Remember this isn't some third world country, this is America. Sorry but the news story link feature wouldn't allow a direct posting so follow the link.

http://www.desmoinesregister.com/article/20100726/NEWS/100726001/1001/

7/24/10 - The dam fails in Delhi, Ia. on Saturday July 24, 2010, sending damaging flood water down the Maquoketa River.

http://link.brightcove.com/services/player/bcpid36249172001?bclid=0&bctid=241739799001

I have to wonder where were the whistleblowers before the dam broke?

Teenagers' Train Hopping Leads to Criminal Trespass Charges

I never met a man or a woman who spoke poorly of Mark Twain’s novels. Be it The Adventures of Tom Sawyer or Huckleberry Finn the American style adventures are seeded in the grey matter of most every American boy.  Huck Finn and Tom are young boys with imagination and a thirst for adventure. Real or made up boys will be boys and boys like adventure. I looked forward to reading Boy's Life magazine and looked forward to the adventure or hero stories. Huck and Tom are twelve years old when they spend time conjuring up images of skipping school, riding a raft down the Missouri River and jumping on a train to ride the rail with the hobos. Here in Des Moines is a news story with a couple of boys who tried to live a part of Tom's train adventure. In reality for the 11-year-old boys in this story from Des Moines’ east side, it wasn't as much fun as it was in a Sam Clemens' story.

Three young boys tried like hobo’s, thought it might be fun to hop a train in Des Moines’ east side.  Unfortunately for them they learned a very costly, but a valuable lesson. That lesson is that trains are unforgiving.

Boy’s Foot Run Over By Train, KCCI by Tyler Kingkade.

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Why Lindsay Lohan is no laughing matter

Why should Lindsay Lohan be held in contempt of court?

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

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

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The Iowa State Fair considers the Bellevue Parade Problem

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.


For additional reading see:

Fair To Focus On Safety After Parade Mishap, Fair Displays Keep Crowds Behind Ropes, KCCI

Who in Iowa goes to a parade to be stampeded by horses?, The Verdict

Campus drinking leads to death of ISU architecture student

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

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

The second question is what did the bar do wrong?

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Who in Iowa goes to a parade to be stampeded by horses?

The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.

Related media coverage:

They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?

Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.

Think this is the first time horses have stampeded the crowd at a parade?

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