Personal Injury Law
Des Moines Personal Injury Lawyer 
Commonsense analysis of Iowa personal injury law. Focused on the rights of the common working man and woman.
Post Frequency: 3.7/day Last Entry: November 20, 2009 at 08:01:00 Recent Entries: 1122
By Steve Lombardi, Esq.
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Trucker Hits Stray Cow on Highway and Dies. Is anyone at fault?
Posted on November 20, 2009Who's to blame when a stray cow comes in the path of a moving vehicle? I'm sure that's just what the family of the driver of a semi trailer is asking today. At about 2:15 a.m. on Tuesday October 20th 2009 a still unidentified man hit a cow in the middle of Iowa Highway 14 between Chariton and Millerton...
What happens when a member of your hunting party decides he wants to take ?random target practice??
Posted on November 19, 2009In this case the death of an 18-year-old from Manchester was caused by accidentally being shot by a member of his own hunting party. These men were hunting on Monday October 19th 2009 about one mile north of Dundee when a member of the hunting party decided to take some random target practice and accidentally shot and killed a fellow hunter...
Where is defensive medicine when you need it?
Posted on November 19, 2009I wonder if I could die from defensive medicine not being practiced in Iowa. Over the weekend Barbara drove me to the local clinic because I was sick as a dog and coughing so hard my lungs and chest and upper back muscles ached. The doctor walks in looks in my ears and throat, listens to my heart and lungs and says he's putting me on antibiotics...
Man killed in plant explosion, sparks or static electricity?
Posted on November 18, 2009In Columbia County, Wisconsin a 47 year old man died Sunday October 18th, in an explosion in the American Packaging Corporation plant, according to the Wisconsin State Journal news source. Jeffrey Doxtator was from Columbus and had worked at the plant for 13 years...
Financial Wrongdoing: Are you a Ponzi victim?
Posted on November 17, 2009If you think you may be a Ponzi victim, then ask yourself this question: Is this abnormal insecurity? In all of this security is there an overriding sense of insecurity? In college I was a psychology major at the University of Iowa...
Did Prime-Time Broward County Sheriff's Office Miss the Boat?
Posted on November 16, 2009Remember the post I wrote about the Police Women of Broward County? TLC Goes from Jon & Kate to, 'There's Always A Good Time to Use A Taser', August 20, 2009 'Making police work entertaining borders on an unconstitutional exercise of the State of Florida's police power...
Texas A&M construction site at Zarzamora St. and Loop 410 Ditch Collapse
Posted on November 16, 2009A 45-year-old construction worker was in a construction site ditch while co-workers were removing a tree. As they pulled the tree out the ditch collapsed trapping the man in the ditch and burying him alive. Which leads to the question, why was the one worker in the unsupported ditch as the tree was pulled out of the ditch wall? It's basic safety when doing tunnel or ditch work on a construction site to support the walls...
RRA Cast of Characters - Is Tony Villegas the Wrong Man?
Posted on November 14, 2009Have you ever wanted to be a lawyer or FBI investigator? With TV shows like Law & Order, LA Law, Castle and CSI's being so popular there is probably a little criminal investigation in many of us. But is legal work as easy as it's made to look in an hour television show? If you want to see how complicated the matters surrounding Scott Rothstein are take a look at this cast of characters list and alleged roles in the case...
Go-Carting Safety and Riding on the Public Streets
Posted on November 13, 2009On September 04th 2009 14-year-old William Beaulieau and a class mate 15-year-old Jacob Murray were go-carting when the go-cart they were riding in collided with a Ford truck driven by Chad Stange. The accident occurred at the intersection of 300th Street and Stanley Road near Fredericksburg at about 5 p...
Did honesty get Florida lawyer, Melissa Lewis, killed?
Posted on November 12, 2009With recent developments surrounding the Law Firm of Rothstein Rosenfeldt Adler the answer to the question in the title just got 1,000 times more complex. 'I read your post about Melissa Lewis. Are you aware of the recent events in Ft. Lauderdale?' the caller asked me...
Pedestrian killed by Metrobus in DC, Not an isolated incident
Posted on November 12, 2009According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was hit by another Metrobus driving in the same direction; a bus which came up along the side...
Iowa Accidents - Cranes, bulldozers, cars, motorcycles, teens and tots.
Posted on November 11, 2009Linn County, Iowa - A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin...
That center line is there for a reason.
Posted on November 11, 2009Samantha Martin (39) died when the Iowa State Patrol officer reports a car driven by Lisa Ann Smith (44 years-of-age) crossed the center line and caused a crash. Martin was driving a Dodge Neon, Smith was driving a Jeep Wrangler. Martin was from East Moline, Illinois and Smith lived in Le Claire...
Head-on Crash and the Center line in Clayton County, Iowa
Posted on November 10, 2009It's reported that a vehicle being driven by Sarah Austin, 21 or Luana crossed the center line on U.S. Highway 52 at 5:45 a.m. on November 8, 2009 killing a 41-year-old man. The man Lee Zuercher was reported to not be wearing his seatbelt. His passenger, 18-year-old Coedy Zuercher was and apparently survived...
"Kill All The Lawyers!" Oops!, Who Maddoff with our 401K money?
Posted on November 10, 2009With all the talk of tort reform one might begin to believe that attorneys really are the cause of climbing costs in healthcare along with every other economic ill special interests can blame them for. What are some of the reasons for spiraling health care costs? What isn't being talked about is the enormous amount of insurance fraud (including government programs Medicare and Medicaid)...
Tort Reform Begins at Home with Maintenance
Posted on November 09, 2009According to the Cedar Rapids Fire Department the fire started on October 8th 2009 was started by a 3 year old boy playing with matches or a lighter. What's still unclear is how a 3-year-old obtained the matches or lighter. Another question all parents should ask is why the batteries had not been replaced in the smoke detectors making them operational...
What's more dangerous, cheerleading? ... Or foolish coaches?
Posted on November 06, 2009Is Cheerleading too dangerous? Does it need to be changed? Or does the coaching system simply need to be tweaked to provide a more safety minded mindset? A Wall Street Journal article on September 17, 2009 addressed the increasingly popular sport of cheerleading and the dangers it presents to girls across America...
Can homicide be a workers compensation case in Iowa?
Posted on November 05, 2009On Thursday October 8th John Versypt of Cordova Ill. was found in a common area hallway with a gun lying next to him. Mr. Versypt owns rental units in the complex and was reportedly in Iowa City, Iowa to attend to those properties. The investigation remains open and we have to question what would lead to the death of this 63 year old man...
U.S. Chamber "Madoff" With the Truth
Posted on November 04, 2009Mike Bryant wrote an interesting piece on the underlying facts behind the U.S. Chamber of Commerce ads and how distorted the conclusions are from the facts that underlie those ads. What I believe Mike concludes is that if you examine the facts the conclusions seems to be a mockery of the truth...
Crashing Into A Sheriff Deputy is a Bad Night
Posted on November 03, 2009What caused 21 year old Travis Scott to veer straight into oncoming traffic? That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin left Mr...
Bulldozer slips off jacks and kills operator
Posted on November 02, 2009What caused a bulldozer to slip off the jacks and kill 60 year old Patrick O'Shaughnessy? That will be the question his family is asking after an accident at a construction equipment company in Ossian in northeast Iowa on October 14th 2009. His co-workers tried to save him by using a crane to life the bulldozer, however it was too late and Mr...
Tequesta Pedestrian Run Over by Elementary School Bus
Posted on November 02, 2009Florida School Bus Hit and Killed a Pedestrian In Palm Beach County, Tequesta, Florida, a pedestrian was hit by a school bus on Monday, October 5, 2009 at 7:15am, according to online news sources Justice News Flash. The bus was picking up Limestone Creek Elementary students when it made a left turn from Seabrook Road onto Tequesta, when Jerry Licklider, a 69 years old from Jupiter, walked in front of the bus, was hit and then pinned underneath the bus...
Cheer Safety Clinic in Louisiana
Posted on October 31, 2009Becky French has posted all the details you need to get low cost certification for cheerleading safety training with the Louisiana High School Athletic Association and Universal Cheerleading Association. BATON ROUGE – The Louisiana High School Athletic Association and Universal Cheerleading Association will hold the Inaugural Louisiana Cheerleading Coaches Clinic in conjunction with the Athletic Directors Conference January 27 – 28, 2010 at the Crowne Plaza in Baton Rouge...
10 Reasons Why People Get Injured on I-35 in Iowa
Posted on October 31, 2009I'm going to step out of line today and answer this question about why clients get injured while using I-35 (or I-80) while traveling through Iowa. I could probably answer this question equally well, well maybe, for Minnesota, Missouri, Oklahoma or Texas but I'll leave that to Brooks Scheulke, Mike Bryant, Noble McIntyre or Jeremy Thurman to do since they know those states better...
Why might a pedestrian not realize a garbage truck is backing?
Posted on October 31, 2009When we receive real life examples of how personal injury accidents occur sometimes we post them as a Q&A. In this instance see how easily you can become victimized by injuries in which you had no part in creating. QUESTION: Hi, I just read your article about injuries with the trucks backing up without the back up alarms...
Chicago Woman Pedestrian Struck by Distracted Driver
Posted on October 30, 2009I love downtown Chicago. Over the past two years I've spent several weeks at the Guest Quarters and walked every morning to De Paul's conference center for classes. But really I've been following Chicago pedestrian-car collisions and it's a nightmare...
It Seems Texans Don?t Know the Difference between Sex-Ed and Child Porn
Posted on October 30, 2009A father who forced his children to watch hard-core porn, including group sex can't be charged under Texas law according to the Randall County District Attorney. The children are and 8 and 9 year-old daughters whose father, divorced from the mother 'made them watch adults having group sex and various other acts at his home in Amarillo...
Why did $arah Palin walk out on Ala$kan$?
Posted on October 30, 2009Seemed obvious to me…. Here are 100,000.00 reasons. The only question I have now is for the American voters: Are you starting to see a pattern yet? From NBC's Mark Murray Yesterday, we noted that the Iowa Family Policy Center has invited Sarah Palin to address the group on Nov...
Trick or Treat! Halloween Safety
Posted on October 30, 2009Trick or Treat! Trick or Treat! Memories of childhood….begging for candy at neighbors' doors and the fun of being out in the dark on a school night. Most of my childhood Halloween trick or treating was spent in a snow suit or at the very least, a coat that covered the costume I had spent months thinking about...
D.C. Woman Pedestrian killed by Metrobus
Posted on October 30, 2009According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was struck by a second Metrobus...
Continued Debate over Taser Use in Texas
Posted on October 29, 2009What people don't seem to appreciate is why this debate continues. Like any tool of law enforcement Tasers can be misused. How and when they are being used has been the ongoing concern but the Canadian research is raising additional questions about how the Taser performs and whether or not the internal functioning of it is predictable or reliable...
$2 Million Dollar Cell Phone Call, Tort Reform Would Say "Sorry Wrong Number"
Posted on October 29, 2009Chicago Woman Pedestrian Struck by Distracted Driver Here is the report: The following is alleged - 24-7 Press Release article released October 7, 2009, the settlement for a personal injury case of $2 million. Marla Gray-Moores, who worked at Starbucks in the Loop of Chicago, was walking in the cross-walk at the time of the pedestrian crossing light when struck by the car driven by Kevin Hwang...
Texas Sheriff Refuses to Issue Tasers to his Officers
Posted on October 28, 2009Tarrant County Sheriff Dee Anderson has done his own testing of Tasers as well as research on cases using Tasers and according to CBS news in Fort Worth, Texas he's not handing them out to his department officers. The use of this weapon has grown in popularity with Texas police departments, but Anderson is more concerned with it causing deaths...
I dare you to Tase me case from Texas, settles for $40,000.00
Posted on October 28, 2009http://www.youtube.com/watch?v=TQVRTfW0jqA&feature=related A 72 year old woman, Kathryn Winkfein, was pulled over for speeding on Highway 71, in Travis County on May 11, 2009, according to Fox and CBS news. She refused to sign the speeding ticket and deputy constable Chris Bieze , (Precinct 3), asked her to get out of the car because she was being arrested...
Northwest to Assign Mother?s to Flight Crews, Zzzz?
Posted on October 28, 2009Northwest's Black-Hole Flight Crew Piloting the US Chamber's Ship of Fools Joe Crumley in Minnesota did a good job of covering the Northwest Airlines Flight 188 through the black hole of cyberspace; but I can't let this one go. I read the pilot's explanation and can't believe America remains seated with their seat belts fastened...
Electrolux Iowa Plant Closings, Exporting America?s Middle Class
Posted on October 28, 2009Can a community that has no manufacturing base sustain a middle class? Electrolux is closing its Iowa operations and with those closings taking 850 jobs to a place called Juarez, Mexico. On the news tonight they showed workers upset over the introduction of a security company checking lunch pails for probably weapons...
What is a pi lawyer and what questions should I ask him after an I-35 collision?
Posted on October 27, 2009They will tell you I'm not supposed to be proud to be a "PI Lawyer". I am and I make no apology for being one or for that matter being proud to be one. And until people remember the meaning of do until others as you would have them do unto you, you won't understand why until you need a personal injury lawyer...
Let's work to keep Cheerleading Safe
Posted on October 27, 2009Canadian cheerleader coaches comment on the safety of the rising popularity of cheerleading in the U.S. and Canada, in an article of Times and Transcript online news source on October 3, 2009. Though there are reported catastrophic injuries from cheerleading in America, Leanne Livingston from Canada's Alberta Cheerleading Association says, "Injuries do happen, it's just like any other sport...
Iowa Cheerleader Bibliography of Safety Titles
Posted on October 27, 2009Cheerleading Blog Title Bibliography A New Era In Safety May Be Dawning for Cheerleaders | InjuryBoard ... ... Steve Lombardi. Posted by Steve Lombardi August 07, 2009 5:39 PM ... I collect articles of interest and post on the Cheerleading Safety and the Law of Cheerleading ...
I-80 Oxford, Iowa Interstate Crash
Posted on October 26, 2009I drove to Iowa City this weekend for Parent's Day at the Law School. On the return trip to Des Moines Barbara and I passed through the Oxford work construction zone at the Oxford exit on I-80. The road work zone seems small. I suspect, although I can't say for sure, that it's on the westbound lanes...
Taking Charge of Digitally Distracted Drivers
Posted on October 26, 2009In Washington a government meeting was held September 30, 2009 to discuss the growing issue from this past year of distracted driving specifically related to the use of electronic devices, according the a report by Ken Thomas, from Breaking News 24/7...
Rhode Island Hospital Again Does a Wrong-site Surgery
Posted on October 26, 2009This is the 5th time since 2007. This time the surgical site was the patient's hand. Apparently, and the reports differ, it was the correct hand, the right finger but the wrong joint. I have to give the hospital credit for publicizing the mistake. It can't be easy for the hospital's president Timothy Babineau...
How do I know what my case is worth?
Posted on October 24, 2009To know how much your case is worth you first need to understand the elements of the type of legal case. Let's say you were in a car accident and wrecked your car. The elements would include car damage to repair to replace the car. If you rented a car you'd get compensated for rental expense...
Recession Yells "FORE!"
Posted on October 23, 2009How do we know when the recession has officially hit home? How about when it hits the ultra exclusive country club in town Glenn Oaks? It's being reported that West Bank will be taking over the club which is home to the Principal Charity Classic, a PGA Champions Tour event, by next Thursday...
Farm Safety and Corn-Full Grain Bins
Posted on October 23, 2009On September 23rd, 2009 Paul Nurre of Strawberry Point was found in a grain bin full of corn in Aurora. Mr. Nurre was reported missing Wednesday afternoon after which firefighters and employees spent several hours removing corn from the bin to recover his body...
Deer Population Not The Deere Iowan's Wanting
Posted on October 22, 2009On Thursday September 17th 2009 a motorcycle accident led to the death of a Fairfield resident Colleen Smith, and injury to her husband Harold Smith. Mr. and Mrs. Smith were on a 2006 Harley Davidson heading southbound on Highway 1 following another vehicle when about 2 miles north of Keosauqua a deer entered the roadway and hit the motorcycle...
Texas Tandem Bicyclists Killed
Posted on October 22, 2009This collision took place a little while ago, but I saved the news article for today's safety post. He was 42 and she 36. Their 7-year-old daughter was home while they were out riding their tandem bike along a Texas roadway. A car came up from behind and struck them while riding on the shoulder of Texas State Highway 16 in Bexar County...
H1N1 Most Dangerous to Young People
Posted on October 21, 2009H1N1 Most Dangerous to Young People The chief health officer for the CDC, Rear Admiral Anne Schuchat, told 60 Minutes this past Sunday that, 'Children and young adults, pregnant women, people with chronic health conditions like asthma, diabetes, heart disease and neurologic problems, and immune-suppression' are most at risk for complications from the H1N1 flu...
Should drivers with macular degeneration stop driving?
Posted on October 21, 2009Should Paul McKinney, the driver of the fatal hit and run accident last month, be allowed to keep his license? According to the Department of Transportation Mr. McKinney is innocent until proven guilty and will be able to do just that. Scott Falb a spokesman with the Iowa Department of Transportation elaborated saying that, 'You don't revoke a license unless you have something actionable'...
Liposuction puts Woman in a Coma at Florida Day Spa
Posted on October 21, 2009In Weston, Florida, on Friday September 25th, Rohie Kah-Orukotan, age 37, went into a coma after a 'routine liposuction' procedure at Weston Medspa, according to the Miami Hearald news source. Kah-Orukotan was a nurse, mother of three, and a regular customer of this Medspa for five years...
Pedestrian Safety - Parking Lot Demolition Derby
Posted on October 20, 2009On September 19th 2009 Lucie Sabimana veered out of control hitting several parked cars, one of which hit and injured two pedestrians, before hitting the Goodwill Industries building in Cedar Rapids. While no charges have been filed and the injuries appear to be minor, we have to wonder what caused Miss Sabimana to lose so much control of her vehicle that so much damage happened? The accident remains under investigation...
Stop, look and listen - Good advice even in rural Iowa
Posted on October 20, 2009On September 21rst 2009 a New London woman died after she drove her pickup truck around the crossing arms at the railroad tracks and was hit by an Amtrak train. The accident happened in eastern Iowa. The collision occurred at about 5:45 p.m near Danville...
I-80 Oxford, Iowa interstate crash sends road crew to the hospital
Posted on October 20, 2009We don't have much information this morning but it's being reported by Radio Iowa and the Des Moines Register that a road construction crew on I-80 near Oxford, Iowa were injured with a semi-truck collided with one of the cement or concrete barriers in a construction zone...
Stop, Look and Listen ? Hear that train a coming!
Posted on October 20, 2009One more train-car collision that killed three people; including a 2-year-old, a 12-year-old and a 17-year-old in Macomb, Mississippi. The children were two boys and a mother young woman was killed. She was 17. The young man, another 17-year-old was in critical condition and taken to the hospital...
Driving While Under the Influence of a Video Game
Posted on October 19, 2009Did a McDonalds Happy Meal video game toy cause the accident that killed two people? Prosecutors are accusing a man with two counts of homicide by vehicle and two counts of serious injury by vehicle in connection with the February 15th crash near Dubuque...
Tort Reformers Ask: "What? You asked for an X-ray!" Bah! Humbug!
Posted on October 19, 2009Our lesson for today concerns news print reporting of medical malpractice reform measures. The lesson is that reporters should avoid heavy medication before editorializing about something they know nothing about. To me it's so typical. Another editorial pandering to the few advertisers newspapers have left, saying what the advertisers want to hear; regardless of the affect on society...
TBI Can Cause Personality Changes, Criminal Behavior
Posted on October 19, 2009On September 23, 2009, Bruce Mundy, riding a motorcycle was allegedly struck by Santos Vidal Rodriguez, age 26 who is reported to have been driving an SUV, according to the Des Moines Register. Santos Rodriguez and his brother Orlando David Rodriguez, age 23 left the Casey's on Park Ave...
Finding a Personal Injury Lawyer for an I-35 Car Accident
Posted on October 18, 2009How can people injured in car or truck accidents on I-35 find a personal injury lawyer in Des Moines, Iowa or one of the states Interstate 35 runs through? When drivers, passengers, families of drivers, passengers, workers, troopers or maintenance workers are injured in another state on I-35 they need to know how to find an Iowa lawyer...
Yellow Page for Lombardi Law Firm in Des Moines, Iowa on Interstate Driver Safety
Posted on October 18, 2009http://www.youtube.com/watch?v=WfeGgzlrA3s Steve Lombardi has written extensively about driver safety and how to avoid being killed on Iowa's highway system. He's litigated cases for over 30 years and lends his expertise in the legal field of personal injury to Iowans and those from out-of-state that hire him...
Protecting Your Child from the Day Care Provider
Posted on October 17, 2009Here is the story from the Des Moines Register. On September 25th 2009 police charged Melissa Watts with felony child endangerment in a case involving the brain injury of 4 month old Emiliano Ramirez of Urbandale. Allegedly, Watts is not a licensed day care provide...
Trailer Safety Isn't an Option
Posted on October 16, 2009The Iowa State Patrol reports on this one. I've had a similar case and personally tow a trailer so I'm very aware of trailer towing safety. On October 3rd 2009 Christopher Ludwig was pulling a trailer Eastbound on the Highway 18 when the trailer he was pulling came unhooked crossed the center line and hit the Ford Escape driven by 36 year old Daniel Stites...
Car Accident Creates More Questions Than Answers
Posted on October 16, 2009On October 4th 2009 James Loren Vest III was heading north of Larch Avenue when he lost control of his vehicle and rolled over in the west ditch striking a power pole. Just before he crashed he was being pursued by a Washington County Sheriff's deputy...
Addressing the issue of Electronics creating Distracted Drivers
Posted on October 15, 2009In Washington a government meeting was held September 30, 2009 to discuss the growing issue from the last year of distracted driving specifically related to the use of electronic devices, according the a report by Ken Thomas, from Breaking News 24/7. In the two day meeting that was called the 'distracted driving summit', Transportation Secretary Ray LaHood was a major expert in the discussions...
Is it time to finally outlaw pit bulls?
Posted on October 15, 2009Is it time to finally outlaw pit bulls? On September 19th Joyce Haynes heard a child screaming and ran outside to see a pit bull charging a child. When she attempted to intervene the dog turned on her going after her legs biting her calves and taking a sizeable piece of flesh...
Taser News that Shocks the Conscience
Posted on September 30, 2009Why are there so many lawsuits? Why are there so many injuries? A legless unarmed man suspected of domestic abuse and charged with resisting arrest was Tasered by the City of Merced. After effectuating this arrest the report states the police left the man nude from the waist down for several minutes in front of a small crowd...
How Does Big Business Rationalize State Sanctioned Lies
Posted on September 30, 2009I've been covering the apology shield in the context of medical negligence and how it's nothing more than state supported lying. Here is a list of some sources you can use to learn more about how Big Business rationalizes how it benefits America. For more to read, consider the following articles posted on the Injuryboard and elsewhere...
Another Baby Boomer Motorcyclist Dies in Iowa
Posted on September 30, 2009Charles Wagner, 57 years old, was driving his Victory motorcycle in Mills County on Sunday afternoon when he lost control, swerved off the road, causing the vehicle to overturn, and killing him shortly after the crash, according to Iowa State Patrol records...
Tsunami levels village on American Samoa after 8.3 quake strikes; Tsunami could hit Hawaii
Posted on September 29, 2009Tsunami levels village on American Somoa after 8.3 quake strikes Tsunami could hit Hawaii by 7:00 pm Eastern Time An offshore earthquake registering 8.3 has struck 120 miles off the southwest coast of American Samoa in the South Pacific Ocean. The quake struck at a depth of 20...
Newton, Iowa Construction Site Wall Collapse Injures Three Workers
Posted on September 29, 2009Three construction workers were injured on a job site in Newton, Iowa as a wall collapsed and causing the scaffolding to do the same. KCCI news reporters watched a videotape taken by a security camera from across the street at Dave's Wholesale. The security camera footage shows the collapse, to what degree isn't known or disclosed...
Apology Shield, The Emporer?s New Clothes
Posted on September 29, 2009FAKE APOLOGY – THE POWER OF THE INTERNET We've been covering the fake apology laws and why it's bad for America. Today let's talk about how common people can fight back to put truth back into medicine. What really is at stake is America's heart and soul...
What are interrogatories and how do I answer them?
Posted on September 29, 2009It's a new week and the InjuryBoard group is again writing about commonly asked client questions. We have seven topics to cover, each lawyer is choosing one per week, and by the end of seven weeks we will each have covered all seven topics. I will also post them on the Lombardi Law Firm web blog, The Verdict...
Tsunami Update: West Coast of USA now included in Warning
Posted on September 29, 2009Tsunami Update: West Coast of USA now included in Warning The effects of the earthquake beneath the South Pacific Ocean may be felt from the west coast of the USA to the eastern coast of Japan. The coast of the USA from California north to Washington may be at risk...
The Dangers of Adventure Travel and being a Boomer
Posted on September 28, 2009On Wednesday September 23rd 2009, Philip Dorff and some friends were fishing on the Big Thompson River. Mr. Dorff was fishing separately from his three friends who had last seen him about 4:30 p.m., when he failed to return to the Sylvan Dale Guest Ranch by 9 p...
It?s Too Late To Apologize
Posted on September 28, 2009WHY THEY ASK FOR THE RIGHT TO LIE WITH A FAKE APOLOGY An interesting thing about those wanting the apology shield is the emotion that drove them to ask the Iowa legislature to enact the law. They were being greedy and in most situations where greed is the motivating force they will lose what they hoped to gain...
The End of the Mowing Season
Posted on September 26, 2009I love the fall season for the cooler weather, but just before fall starts, there is the end of summer blues. With the end of the mowing season fall cleanup can't be far behind. Getting all the summer equipment winterized and stored for winter is a signal that winter can't be far off...
Apology Shield - Diagnosing Truth With a Broken Lie Detector
Posted on September 26, 2009WHY IT'S IMPORTANT TO EXPOSE THE FAKE APOLOGY We've been covering the apology shield this week and I'm having fun with it, but deep down there's a serious side to this entire discussion. What is really at stake is the simple dignity of the American way of life...
Why are there so many lawsuits?
Posted on September 25, 2009It's the question every tort reformer loves to ask and it's probably because then it's easy to avoid the real problem. On September 3rd 2009 15 year old Rachel Stewart was headed north on I-380 when she lost control of the van she was driving went onto the median and flipped...
How To Expose The Fake Medical Apology
Posted on September 25, 2009A Patient's Guide to Dealing with the New Fake Medical Apologies Today's apology is Chris Matthews apologizing for his characterization of Hillary Clinton's success in politics coming down to her husband's infidelity and that people must have felt sorry for her...
The 250th Anniversary of Sir Authur Guinness' 9,000 Year Lease
Posted on September 24, 2009Today we celebrate Sir Arthur Guinness and his shrewdness. For today is the 250th anniversary of the lease he signed in the year 1759. For a mere 100 pounds down and the promise to pay 45 pounds in annual rent he obtained the leasehold interest in St...
Iowa Inmate Gets to Sing Sweet Caroline
Posted on September 24, 2009Even off the shores of New England it's making waves. It's made O'Ryan Johnson from the Boston Globe sound like a Yankee fan. You'd think he was related to Derek Jeter or the steroid guy. What's his name, A-Clod? So what that 'Magistrate Judge Benny Waggoner allowed [Iowa inmate] Randy Barker to be temporarily released from jail so he could attend a baseball game with his dad and brother in Kansas City, Mo...
Iowa Teens Allegedly Strip Searched By School Officials
Posted on September 24, 2009There are so many good stories lately that it's hard to know which to blog about. This one is about school daze. Gym class used to be a time and place for dodge ball but not on this day at Atlantic High School in Atlantic, Iowa. After 100 dollars went missing five young ladies were strip searched, one completely naked, and the others down to their underwear...
An Apology Free From Risk, Isn't Really An Apology
Posted on September 24, 2009After making a mistake why should medical professionals want to apologize? How about because it's the right thing to do and you'll sleep better at night having set the record straight with the person who was injured by your professional mistake. Publicly setting the record straight is important to a good professional reputation...
Iowa, Another Freight Train-Car Collision Death
Posted on September 24, 2009On August 25th 2009 66 year old William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. The Keokuk Police Department says that the accident happened at around 4 o'clock but is unsure of the circumstances surrounding the accident...
Glenrock?s Beat Cops Kicked Out of the Taser Parade
Posted on September 23, 2009This one is coming out right, Wednesday's Star Tribune reports the two officers who Tased the 76-year-old parade participant over where the parade should end, were given their walking papers and told to take a hike. We reported earlier on this mess out of Glenrock, Wyoming and suggested deeper budget cuts that included the police chief and the county prosecutor...
"I'm very sorry.", but really I'm not.
Posted on September 23, 2009Yesterday we discussed three recent incidents where an apology was necessary to correct an error of judgment. Those incidents involved Kanye West, Serena Williams and Congressman Joe Wilson. Let's now look at the apology following a medical mistake that injures or kills the patient...
Mark Becker's Insanity, What Motivated Him?
Posted on September 23, 2009On August 25th Mark Becker's legal counsel Susan Flander stated that he is unable to understand the charges against him or to aid in his own defense. According to court documents Miss Flander also stated that he, 'has difficulty distinguishing reality from fantasy', suffers from schizophrenia and has bipolar disorder...
Why Should I Apologize?
Posted on September 22, 2009Hopefully our mother's and father's taught us that after you do something wrong you should apologize. The apology is meant to communicate a sincere feeling of remorse. We are taught the act of apologizing is a learning tool, for the wrongdoer. The person apologizing does so to affect their own conscience while conveying sincerity to the person wronged...
TORT REFORM: It might cost you or someone you love, an ARM or a LEG
Posted on September 22, 2009Most of the general population does not truly understand what Tort Reform means or how it might impact their lives. The 'reformists' will lead you to believe that 'these frivolous lawsuits' and the attorneys who file them are the problem and we need to STOP THEM before they bankrupt this country and continue to clog our court system...
Is the driver always liable?
Posted on September 22, 2009A woman from Winterset, Iowa was critically injured sometime around the date September 7, 2009 while riding on a motorcycle. She and another passenger, it's unclear who was driving it, went into a Madison County ditch after losing control. The news report states the bike flipped over...
Cause of Early Morning Crash in Des Moines Still a Mystery
Posted on September 21, 2009Early Monday morning a small white car crashed into a stone wall on Birdland Drive heading towards Saylor Road, near Birdland Marina, according to WHO-TV news. The Police said, Joy Chumos, age 32, died at the scene of the crash, and the other three in the vehicle were seriously injured and brought to the hospital...
Iowa Crash in Rural Mahaska County
Posted on September 21, 2009Early this morning at 5:30 in Mahaska County, a truck rolled over into a cornfield after missing a curve. The County Sheriff's Office said alcohol may have been involved in the cause of the accident, according to Channel 13 online news source. The two people in the truck were air-lifted to Des Moines hospitals...
What makes a case good or bad?
Posted on September 21, 2009There really isn't any magic formula and I never describe a case as a good case or a bad one. Instead I talk about expectations. You can have good or bad expectations. It all depends on what those expectations are and whether they are reasonable in light of the evidence and the law of the case...
Distracted or Drinking and Driving Crash Kills Again
Posted on September 20, 2009A September 14, 2009 crash in Allamakee County, Iowa at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch and rolled. While on Suttle Creek Road, Northwest of Monona, the driver of the Toyota Tundra, 21 year old Chad Feller from Prairie Du Chien, Wisconsin, lost control of the car while on a curve...
Seniors: When it comes to a drivers' license, how old is too old?
Posted on September 18, 2009Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges On August 30, 2009 a hit-and-run occurred killing bicyclist, Mark Grgurich age 54. Hit by a white truck on Warren County Road G14, according to the Des Moines Register...
Truck Backing Causes Accidental Death of Illinois Highway Worker
Posted on September 18, 2009A highway construction worker was struck and killed in Morrison, Illinois. The worker was identified by the Quad City Times as Michael S. Holloway, 44 or Rock Falls, Illinois. The worker killed was working as the flagger. He was run over by a dump truck backing up...
Motorcycles and deer don?t mix
Posted on September 17, 2009Two people were injured when the motorcycle they were on ran into a deer west of Craig. The collision occurred on Sunday night in Plymouth County. The report describes the riders being on K-22 near the intersection of C-12 when the deer suddenly came into their path causing the crash...
What?s the difference between legitimate and excessive force?
Posted on September 17, 2009Watch this video from South Bend, Indiana and ask yourself if the suspect is resisting arrest and is the force necessary. http://www.wsbt.com/news/local/59469127.html?video=YHI&t=a I'm not sure there is much else to say. Originally posted at InjuryBoard by Steve Lombardi
Crushed worker could have easily been avoided - chock the wheels
Posted on September 17, 2009Chocking the wheels and setting the parking brake would probably have saved the life of this liquid asphalt truck driver. OSHA fined a trucking company $9,100 for failing to use precautionary measures that allowed a truck loaded with liquid asphalt to roll, crushing the worker between two trucks...
Health Care, like the Debate about Abortion, attracts the Lowest Common Denominator
Posted on September 16, 2009My wife and I were talking about this health care debate and how it is attracting society's fringe protesters, who to me simply hate this President and nothing more. Their side of the debate offers speculation for arguments and little more. Listening to them say the word death-squad is meant to conjure up Nazi death camps...
How many Iowa teens need to die before we increase the driving permit age?
Posted on September 15, 2009This past week I posted TEEN LOGIC: Why is a 15-year-old taxiing passengers on I-380 in Iowa? That news article was an accident on I-380 involving three teens, the driver was 15-year-old. She was a permit driver on the Interstate taxing other teens from a volleyball game to get something to eat...
What would a caveman bring to meet with the lawyer?
Posted on September 15, 2009The first topic I'm going to cover is one I see that many clients wonder about. They get ready for the first meeting with the lawyer and don't know what to take with them to the lawyer's first sit-down. Before I give you the answer let's set it up with a discussion of what the client's been doing before seeing the lawyer because many of you don't come right in, rather you wait, and wait, and wait and then wait some more...
Solving Legal Problems, Being a Client, Back to the Basics
Posted on September 15, 2009Sharing our legal experience in September - How to be a Client I've persuaded a few fellow members of the Injuryboard to join me over the next few weeks to write a series of articles about being a client. The writers include: Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton...
Iowa Injury News Compilation, This and That
Posted on September 14, 2009I posted a month or so ago about a woman I saw riding a Harley-Davidson and how it seemed to be too much bike for a woman her size, age and physical strength to be driving. An incident occurred this past weekend that once again reminds us riders need to stay within their physical abilities...
TEEN LOGIC: Why is a 15-year-old taxiing passengers on I-380 in Iowa?
Posted on September 12, 2009Can we start with an assumption: That interstate highways are a dangerous place due to cars and semi trucks driving at higher speeds; due also to wrong-way drivers, drunks and inexperienced drivers. Now let's talk this morning about youthful inexperience, distracted driving and cheating the law that is intended to save youthful lives...
Helicopter Lands on First, Hit by Fire Truck on Second, but Who Called 9-1-1?
Posted on September 11, 2009Tort Reform Hits a Snag Responding to an accident in southeast Iowa a MedForce helicopter was struck by a Mediapolis Fire Department truck grounding it and its crew. Two spokesmen for the Mediapolis Fire Department explained why the incident occurred...
Made For America! Trading jobs --- for infant brain cells.
Posted on September 11, 2009Lead Poisoning of Children: American Manufacturers in China: Jobs and Brain Cells Lost Recent news out of China shows environmental standards are lax or nonexistent in protecting those living in the neighborhoods and rural areas surrounding factories...
Electrocuted To Death While Showering In Iraq
Posted on September 10, 2009Another man has died from electrocution in Iraq. This one was a contractor looking to earn enough money to buy a house for his wife. Joining the military at 17-years of age, then doing three tours in Iraq with the Air Force, then taking a job with a private contractor, Triple Canopy, Adam Hermanson, 25 died on September 1, 2009...
You can run, but you can't hide from defamation
Posted on September 10, 2009Think you can hide behind an anonymous name online while defaming someone you might not like, be jealous of, or just to be mean? Think again, the court has ruled in favor of Liskula Cohen against internet and search engine giant Google who refused to turn over the real name of the Blogger 'Anonymous'...
Would tort reform put back the healthy kidney?
Posted on September 10, 2009A 70-year-old retired assembly worker was admitted into the Parkview Community Hospital Medical Center in Riverside, California to have his diseased left kidney removed. Following surgery he learned the doctor removed his healthy right kidney in what they call a 'never event' or a wrong-site surgery...
Why will no lawyer take my case?
Posted on September 10, 2009Just because you think you have a case doesn't mean you automatically can hire a lawyer. It's common for people to comment on blog posts posted by the InjuryBoard lawyers and to add to their comment something along the lines of 'I'd never hire you as my lawyer...
Can Eating Sushi give you Minamata Disease?
Posted on September 09, 2009Shortly after 1908, a small fishing village in Japan saw the first outbreak of Minamata disease, an epilepsy-like affliction. The disease is a neurological condition caused by mercury poisoning that affects the human central nervous system. A CNS effect normally leads to balance problems, convulsions, and is ultimately lethal...
Iowa Mercury Rules And What they Mean to Your Health
Posted on September 08, 2009Humans have been putting mercury in their mouths for hundreds of years. It's the silver liquid inside of glass thermometers and, despite its variety of uses, it can be extremely dangerous. The effects of mercury poisoning are as numerous as they are worrisome: fits of anger, insomnia, inability to learn, ulcerated gums, loose teeth and diarrhea...
The Bush Legacy Paraded in Wyoming: An Intolerant Police State, a new low for America.
Posted on September 07, 2009Does bad judgment or rude behavior by any citizen justify the use of force of an electric shock by the police in America? Here we go again, another officer with poor or nonexistent communication skills using the Taser in a manner unacceptable in a free society...
Is texting while driving really dangerous or are people exaggerating?
Posted on September 04, 2009Teen Logic: 'Really Dad what's the big deal? You're making a big deal out of nothing. Nothings ever going to happen. Remember, I'm a safe driver!' Oh really? How do you define 'nothing'? http://www.youtube.com/watch?v=OJyU3h0dNT0 Originally posted at InjuryBoard by Steve Lombardi
What will it take in Iowa to stop distracted cell phone drivers?
Posted on September 04, 2009On August 8th 2009 16 yr. old Megan Davis died as a result of injuries suffered in a crash. She was traveling north on 180th Avenue in a 1988 Chevy S10 when for an unknown reason she lost control struck an embankment and ended in the creek landing on the trucks top...
"Texting while driving keeps me connected to my BFF!"
Posted on September 03, 2009Here is the teen logic: People make such a big deal about teen's texting while driving. But really what's the big dah? Think about how stupid you sound complaining. Really! Texting (some dumb and foolish message) to your BFF (who is sitting in front a TV) gets the word out that I'm open for dating or that so-and-so just broke up! It saves time and keeps me connected! Or does it keep you connected? http://www...
On her knees and with hands up, Cincinnati Police tase Daughter of City Councilman
Posted on September 03, 2009Cincinnati Police Department, Ohio – August 28, 2009 – Teenaged daughter of City Councilman Tased. What did she do wrong? Charges: She's accused of obstructing official business and possessing an open container. A videotape of the incident recorded from a camera in one of the police cruisers doesn't show the tasing, but other officers on the scene have told the Chief that Thomas was on her knees with her hands up...
Governor Rick Perry from Texas Sucker Punches Arnold Schwarzenegger
Posted on September 03, 2009If fiscal conservatism is going to survive it needs to stop using a smoke and mirror approach, meaning it has to start being honest about how it approaches saving money. One state saving money at the expense of other states isn't a net gain for the country or the citizens involved...
What causes washboarding on Iowa's farm to market roads?
Posted on September 02, 2009On August 14th 2009 Terry Hagen was headed eastbound on a gravel road when he lost control of his motorcycle, hit the guide wire in the ditch and was thrown from his motorcycle. Mr. Hagen died as a result of the injuries suffered in the accident. There is no word on whether he was wearing a helmet...
1,000 Golf-Cart Accidents Per Month
Posted on September 02, 2009In 2008, a group of researchers at the University of Alabama at Birmingham (UAB)investigated how often golf carts were involved in causing trips to the emergency room. Their findings were remarkable. First, they concluded that approximately 1,000 golf cart accidents occur in the United States every single month – that means over 30 per day...
If Teen Driving and Texting is Fun Why Is She Crying?
Posted on September 01, 2009If you think your next text message can't wait so you text while driving then watch this video. It needs no commentary from me. http://www.youtube.com/watch?v=L8NuuyPKlXgOriginally posted at InjuryBoard by Steve Lombardi
Insurance Companies Offering Free Cars, iPods, Laptops along with Fairer Claim Services
Posted on September 01, 2009Insurance Companies Offering Trade-In Insurance Policy Clunker Program and a Free iPod - some even offer a free back rub! And if you believe that I'll sell you land in the Everglades along with your own pet Burmese snake. Guess what, your insurance company isn't on your side – shoot, I wasn't supposed to say that just yet...
Newton, Iowa Crash Leaves Woman Dead as Other Driver Flees from Scene
Posted on September 01, 2009The report isn't pleasant to read. The police pieced together the collision sequence but without the at-fault driver who they say fled the scene. One car crossed the center line and sideswiped a 2007 Dodge minivan being operated by Karen Finch. The Finch vehicle then lost control, struck a 2005 Honda Civic head-on...
Interstate Highways and Wrong-way Collisions, the Carnage Continued...
Posted on August 31, 2009We've been covering wrong-way collisions for the month of July and have continued to update during the month of August in 2009. This is the second update since writing the wrong-way series that started on August 3, 2009. You can read the complete list of wrong-way collisions in the recap posted on August 15, 2009...
Interstate Highways and Wrong-way Drivers just seem to go hand in hand.
Posted on August 31, 2009We are continuing with our evaluation and discussion involving the Interstate highway system along with several other IB attorneys from around the globe. Devon Glass, from Michigan pointed out that I'm probably the one to write about wrong-way drivers; probably because my recent postings concerning that subject...
In this day and age is it still necessary to yell "FORE!"?
Posted on August 28, 2009As any Caddyshack fan knows, a day at the golf course isn't always a relaxing retreat. But can it be a minefield of potential lawsuits? Specifically, does a golfer need to shout ‘fore!' before hitting his or her ball? Or does "fore!" need to be yelled if the ball goes off course? This tradition dates back to at least 1881...
The Interstate Highway Graveyard, "Speed Kills"
Posted on August 28, 2009I have to admit to liking speed; driving fast, I mean really fast has a certain thrill to it. The fastest I've ever driven is 134 m.p.h. Where? I'm not saying, other than that it was an isolated area of Iowa. I was driving a Porsche Boxster S. Very sweet ride...
Another Semi-Truck Crash Rear Ending Traffic on I-80 West Des Moines
Posted on August 27, 2009On August 26th 2009 a crash between a semi and a car occurred in the southbound lanes of I-35 between the University and Westown Parkway ramps. The police said that a passenger vehicle was stalled on the travel portion of I-35 when it was rear ended by the semi...
What legal options are there for a hit-n-run driver?
Posted on August 27, 2009On August 26th 2009 a high speed chase ended in a crash leaving the female passenger inside with minor injuries. The Iowa State Patrol saw a van speeding along University Ave. near 13th street at about 2:30 a.m. The Trooper, John Salesbury, tried to pull the van over but the driver refused and a high speed chase proceeded...
Cedar Rapids, Iowa I-380 Semi-truck Collision and Fire
Posted on August 27, 2009On August 27th 2009 a semi broke through a guardrail on interstate 380 in Cedar Rapids. The Cedar Rapids Fire Department spokesman Greg Buelow said that several people had called police to report the truck had gone through the guardrail and that the cab was on fire...
Single vehicle rollover accidents demonstrates the dangers of OWI
Posted on August 26, 2009Here is what is reported: On August 23, 2009 a vehicle was traveling at a high rate of speed when he came to the intersection of Wink Ave. and 160th St. where Wink turns from hard surface to gravel. According to police reports, when making the transition from a hard surface to gravel the car began to fishtail (probably on loose gravel) and lost control entering the East ditch before rolling over several times ejecting both occupants and coming to a rest on its top in a soybean field...
Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash?
Posted on August 25, 2009Devon Glass from Church Wyble, P.C. and I from The Lombardi Law Firm are experimenting with a joint project about highway safety. Here in Iowa we have I-80, I-35, I-235, I-90, I-370, I-380 and I-5 as the bulk of our interstate highway system running throughout the state...
Iowa's Vantus Bank Goes Under
Posted on August 25, 2009Another victim of the economic downturn and housing crisis seems to have hit a little closer to home today. Federal regulators have told Vantus Bank, based in Sioux City, that its plan to increase capital was unacceptable. According to a filing with the U...
I-80 Accident Takes Carter Lake Man's Life and Raises Questions
Posted on August 25, 2009On August 25th 2009 53-year-old Adam Burk of Carter Lake died after the 1998 Chevrolet Malibu he was driving was hit from behind. Authorities are saying that Mr. Burk was in the left lane of I-80 Westbound when his car was hit from behind by a 2004 Pontiac GTO driven by a 19-year-old man...
Vehicle maintenance is nothing to ignore
Posted on August 25, 2009On August 23, 2009 Ronald Perrin was driving his tractor when the brakes, 'locked up as Perrin drove along the edge of a road'. The tractor than went into the ditch where it rolled killing Perrin. One has to wonder was this a faulty part on the tractor that should have been recalled? Did a shop where he might have taken it into for work make a mistake? More details would help us to understand more about this incident that lead to the brakes allegedly locking up...
Only losers want a participation trophy, winners want to win one.
Posted on August 21, 2009If you wonder why you're a loser perhaps you need look no farther than the image you see in the mirror when brushing your teeth. The Iowa Lottery began in February doing spot checks to see if store personnel properly handled winning tickets. Of course this is naïve at best because there are other ways to beat the customer when playing the lottery...
Is the Taser a tool to protect or one used by Communist Regime Style thugs? You be the judge.
Posted on August 21, 2009Yesterday I ran several posts about the way police are using the Taser and an especially unprofessional statement by a Broward County Police officer about there's always a good time to use a taser. Today I ask you to watch these video clips and consider whether the Taser is being used properly by these officers who are part of the American law enforcement system...
Arrestee?s Death after Tasering, Leaves RCMP Explaining and Re-explaining their first explanation
Posted on August 20, 2009http://www.youtube.com/watch?v=83avGztMIWA http://www.youtube.com/watch?v=TSOeceqenX8 The Royal Canadian Mounted Police were left explaining why they kept a citizen's footage of the arrest and then why their first public explanation didn't match up with the later released footage shot by a citizen at the airport...
TLC Goes from Jon & Kate to, ?There?s Always A Good Time to Use A Taser?
Posted on August 20, 2009Now that the TLC is finished making destroyed family values into weekly entertainment the network is moving into the area of crime is sexy and making it into weekly entertainment. Meet the latest reality series on of all things, The Learning Channel: Meet the Police Women of Broward County, on the TLC...
Should the Law Really Care Why A Pet Python Escaped From Babysitting Brother
Posted on August 19, 2009A California family was more than a little surprised to see an 11-foot Burmese Python escaping across their lawn in Lake Elsinore. Police wrested the python into a truck and took it away to an animal shelter. The owner, offered as an excuse that while away he'd entrusted it to his brother and it had somehow escaped...
The Public Accepts Casual Taser Use and Death Because It's A Clean Kill
Posted on August 19, 2009Tasers are without a doubt capable of causing either alone or in combination with other human factors, a person to die. Even if there is no proof that Taser alone can cause a death, and I'm not assuming that, the fact people die after being Tased should be alarming to anyone in a civilized society...
Another Traffic Stop Tasering ? Low Communication Skills Exemplify Low IQ Decision
Posted on August 18, 2009I've been covering the use of Tasers and what appears to be both an abuse of power by law enforcement along with embarrassment for the rest of the department. Take a look at the arrest of this mother, Audra Harmon, with children in the car, stopped for speeding and who asks to see the radar reading on the radar gun...
Wrong-way Interstate Drivers Tomorrow on Ridin' Dirty Radio from Los Angeles
Posted on August 18, 2009A live radio interview will be broadcast tomorrow featuring Steve Lombardi, Des Moines InjuryBoard about wrong-way drivers, the causes of wrong-way collisions and how to avoid them. Tune in tomorrow August 19, 2009 on California radio , at 1:30 pm CST as Attorney Lombardi engages in a lively discussion about wrong-way collisions and drunk driving habits...
Twenty-Six More Wrong-Way Interstate Highway Drivers
Posted on August 18, 2009Since last reporting there have been 26 additional news reports picked up for wrong-way collisions across America and one from jolly-old England. Drunken drivers continue to be the main cause although old-age confusion, diabetic confusion, youthful inexperience and criminal behavior are repeated causes as well...
What?s Right with Dunkin Donut's Demonstrates what?s wrong with the Ronald McDonald Business Plan
Posted on August 17, 2009Doug Landau of Fairfax, Virginia writes on the Injuryboard 'Hot Coffee' spills the beans on frivolous lawsuit charges. August 7, 2009. This, like participation trophies, is one of my favorite subjects. Coffee Warning - It's Hot! Tort Deformers Mantra, August 17, 2007 Doug's post is about the documentary, 'Hot Coffee' that will preview at the Sundance Film Festival next year...
Wrong-Way Accidents - Complete Recap of All July 2009 Collisions
Posted on August 15, 2009Wrong-way drivers are causing deaths in America's interstate highway system all across the United States. Wrong-way collisions can have several causes and there are things we can do to educate ourselves from being involved in one. With two vehicles traveling towards one another at 70 mph death is almost certain...
Part 20 of 20 - Wrong-way Interstate Collisions, ?Did you hear that public service announcement about wrong-way collision avoidance??
Posted on August 14, 2009San Bernardino, California – July 2009 – I-215 is the interstate where four-cars were involved in a collision after one drove northbound in the southbound lanes. Hillside, New Jersey – July 2009 – Wrong-way driver on Winans Avenue spun off of the roadway and then crashed into a home...
Boating Safety : Being the owner makes you the captain.
Posted on August 14, 2009Going out on the boat is supposed to be about fun and relaxation, but safety rules never take a break. The reality is that the captain of the boat must maintain control at all times. And even though you may be on a small watercraft, such as a Boston Whaler, you still need to maintain control...
Part 19 of 20 - Wrong-way Interstate Collisions, ?I wonder if the State is doing anything to help avoid wrong-way collisions??
Posted on August 14, 2009Nevada – July 2009 – This on occurred on Pyramid Highway just north of Queen Way heading north in the southbound lanes. The wrong-way driver sideswiped a van and then collided head-on with a car. The accident occurred at 6:50 a.m. The wrong-way driver was reported as 'sleepy'...
Part 18 of 20 - Wrong-way Interstate Collisions, ?Boy I?m tired of driving, so I?ll drive faster and get home quicker.?
Posted on August 13, 2009Gastonia, South Carolina – July 2009 – A wrong-way driver on I-85 in Gaston County, traveling south in the northbound lanes of travel was accused of trying to strike cars driving the wrong way and finally driving into a cement wall. He was under psychiatric care...
A Distracted Driver is More Likely to be a Dead Driver
Posted on August 13, 2009If you teach your teenage driver anything teach them not to driver distracted. Yesterday I'm sitting at the light and beside me in the turn lane are a young driver and two passengers. The front seated passenger is watching the light for the driver while he sits there sending a text message...
Part 17 of 20 - Wrong-way Interstate Collisions, ?This is a broad median, should I take extra time to get my bearings??
Posted on August 13, 2009South Dallas, Texas – July 2009 - Three people died from a head-on crash when a wrong-way driver traveled eastbound in the westbound lanes of I-20 in the Red Bird area of Dallas. Alcohol was found in the wrong-way driver's car. Las Vegas, Nevada – A wrong-way driver allegedly high on prescription drugs came the wrong-way towards a police officer who was in the process of taking a drunk driver to jail...
Part 16 of 20 - Wrong-way Interstate Collisions, ?Why did that young inexperienced driver?s parents allow him to drive alone on the interstate highway??
Posted on August 12, 2009Kansas City, Missouri – June 2009 – This wrong-way driver went northbound in the southbound lanes on U.S. 71 in Kansas City. He crashed head-on into a semi-truck upon which both vehicles then exploded and became engulfed in flames. The offending driver was seriously injured but the semi-truck driver received only minor injuries...
Public Relations Gone Wrong 3-year-old is Accidentally Shot by Deputy?s Shot Gun at Public Event
Posted on August 12, 2009I once heard a Polk County Judge say, "Let no good deed go unpunished." This is just one of those deeds. Every so often the police conduct a PR event intending to create good will to help build community support. They do it to make themselves personable in the eyes of the people that occupy neighborhoods in the inner city...
Part 15 of 20 - Wrong-way Interstate Collisions, ?OMG is that wrong-way driver going to stop??
Posted on August 12, 2009Honolulu, Hawaii – June 2006 – Kanehoe-bound in the Halawa bound lanes of the H-3 near Halawa Valley Road at 3:45 a.m. on June 17, 2006. He was intoxicated with a BAC of 0.16. He crashed head-on into a car with a single-mother of two school-age children, all died at the scene...
Part 14 of 20 - Wrong-way Interstate Collisions, ?What do I do with these kids that misbehave in the car??
Posted on August 11, 2009Minneapolis, Minnesota – July 2009 – A man driving the wrong-way on a one-way street was stopped by an officer on a bike after the officer ran on foot, was struck by the side mirror and managed to get the driver stopped in a parking lot...
Crotch Rocket Speeding 188 MPH Still Under the Radar of Tort Reformers and the U.S. Chamber
Posted on August 11, 2009We've got another high-speed chase involving a motorcycle, or crotch rocket as they are famously called. Do you remember this post? It described a news article about a Yamaha YZF-R1 motorcycle being clocked in the Cedar Rapids area at over 164 mph. Read the story if you need to but I've given you the gist of the idea...
Is there something wrong with the Bacolfen Pump, Model No. 863740 causing overdoses in patients?
Posted on August 11, 2009When we are ill or have a medical condition, we generally trust our doctors and medical system to prescribe us treatments which will help us to feel better. However, sometimes, there are dangers in our treatments which may not be readily apparent. Is there something quirky about the programming mechanism of the Baclofen Pump or is it just a case of the fat finger syndrome? The drug Baclofen is used as an antispastic agent and also as a muscle relaxer and is often used to treat people with spinal injuries or multiple sclerosis...
Part 13 of 20 - Wrong-way Interstate Collisions, ?How many distractions are there in this car??
Posted on August 11, 2009Shropshire, England – July 2009 – M-54, wrong-way driver noted to be an elderly man, but no age was given. Columbus, Ohio - I-270 wrong-way driver strikes two other vehicles early on a Saturday morning, about 1:25 A.M. Madrid, Spain – July 2009 – A 40-year-old man died as a result of a wrong-way driver hitting him head-on on the M-50 at about 5:30 pm; three cars were involved...
Lombardi Law Firm Donates Wii to Blank Children?s Hospital Pediatric Therapy Services in Ankeny
Posted on August 11, 2009Trial Lawyers Across the Country Show 'Wii' Care Local children are now getting the chance to smile while they heal thanks to local trial attorneys. The first three Mondays in August, 53 law firms from 25 states will band together to donate more than 60 Nintendo Wii gaming systems to rehabilitation centers, nursing homes and hospitals all over America...
Part 12 of 20 - Wrong-way Interstate Collisions, ?Is it a good idea to pass at the crest of a hill??
Posted on August 10, 2009Waco, Texas – July 2009 –Wrong-way teen rider of a bike on a one-way street was struck as he attempted to cross an intersection. In this instance it appears the driver of the van probably didn't expect to see any vehicle or bicycle from the direction the 13-year-old boy was coming from; which should tell you something about riding bicycles in the wrong direction on the roadway...
Part 11 of 20 - Wrong-way Interstate Collisions, ?OMG, here one comes, where should I go??
Posted on August 10, 2009InjuryBoard – Hawaii – July 10, 2009 by Wayne Parsons – Discusses and provides a link to the Fatality Analysis Reporting System and the number of deaths from 'wrong-way' drivers. Fort Wayne, Indiana – July 2009 - a 70-year-old man drove from the across the median and into the westbound lanes of traffic, continued for about a tenth of a mile against traffic then suddenly veered off the road into a pole where he suffered head trauma and then soon after died...
Drunken Driving ? A little bit about this and that.
Posted on August 10, 2009It's reported that a former associate judge in Muscatine County, Iowa was ordered to serve five years in prison for his third OWI offense. He was fined $3,125 and will serve his time at Davenport's work release center. His BAC was more than twice the limit...
Another worker electrocted, this one at John Deere's Waterloo foundry
Posted on August 09, 2009It appears the worker who was electrocuted at the John Deere Waterloo facility has died. The man, Daniel Gerdman, 22-years-of-age died on Tuesday while working at the foundry. Working on some lighting he was electrocuted. OSHA is investigating the incident...
Titan Tire Worker Pulled into Milling Machine
Posted on August 09, 2009Last Tuesday afternoon a Titan Tire worker from the mill room was pulled into a milling machine last week. His name is Christian Alvarez of 1807 Mondamin Ave. in Des Moines, Iowa. He is 20-years-old. Reports have him suffering neck and head injuries, a type of injury that can be seriously disabling...
Negligence, a failure to yield and paying the highest price
Posted on August 08, 2009Many times we think of the other guy and what happens to him when he doesn't stop for the stop sign or just fail to yield the right of way while turning. For young drivers it's important to look at what it could mean to you, the driver who makes the mistake...
What might have prevented this 24-year-old Des Moines electrician from being killed by electrocution?
Posted on August 08, 2009What caused the death of a 24 year old Des Moines electrician? That was the question surrounding the death of Chris Turney but now the autopsy has revealed that it was in fact caused by electrocution. Mr. Turney was standing on a metal scaffold working with electrical wires at the Hy-Vee under construction at College Square Mall in Cedar Rapids when it happened...
Part 10 of 20 - Wrong-way Interstate Collisions, ?My mother always said nothing good happens after midnight.?
Posted on August 07, 2009Santa Fe, New Mexico – June 2009 - A wrong-way driver crashed into a car loaded with teenagers killing four of them. The teen driver may also have been driving illegally as the driver had a provisional driver's license that prohibits driving between midnight and 5:00 a...
Cheerleading Parents, to Avoid Catastrophic Injury to your Teen, Get Busy Learning the Cupie/Awesome
Posted on August 07, 2009Today we're going to talk more about cheerleading safety standards and parental involvement with the cheer squad. With the draconian legislative tort-reform measures put into place, it's important for every parent to understand the safety standards their cheer coach should follow, when they aren't and what risks their child is being exposed to...
Part 9 of 20 - Wrong-way Interstate Collisions, ?What time do most of these take place??
Posted on August 07, 2009Dallas, Texas - July 2009 – Letter to the Editor 'Nothing will work' states that putting more signs up will not help stop wrong-way drivers due in part to drunk drivers being totally unaware they are the one's going the wrong way and being unable to read a sign...
A New Era In Safety May Be Dawning for Cheerleaders
Posted on August 06, 2009Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world...
Part 8 of 20 - Wrong-way Interstate Collisions, ?Is the driver mentally ill??
Posted on August 06, 2009Coos Bay, Oregon – July 2009 – Most wrong-way driving is accidental, but occasionally your run into a story where it was purposefully done. This is one of those news stories. This one involves a masked man on a four-wheeler ATV traveling the wrong-way on a one way street attempting and then succeeding to allude law enforcement...
Here is what is wrong with Wisconsin's Anti-Cheerleader Tort Reform
Posted on August 06, 2009If you're a parent of a cheerleader in Wisconsin watch this video and listen to the podcast. http://www.youtube.com/watch?v=iwt-wQTBnw4&feature=player_embedded After your baby girl is catastrophically injured, good luck finding a lawyer in Wisconsin who can help you with the school district that turns their back on your quad-kid...
Part 7 of 20 - Wrong-way Interstate Collisions, ?Did the driver?s GPS malfunction??
Posted on August 06, 2009Monroeville, PA – July 2009 – 9:20 A.M. - Pennsylvania Turnpike, heading west in the eastbound lane of traffic. She was 36-years-old and had a 2 ½ year old son in a car seat that survived suffering only a cut above his right eye. She was a nurse and collided head-on with a tractor-trailer semi truck...
Statistically the New York's Taconic State Parkway Wrong-way Collision Cause Not a Surprise
Posted on August 06, 2009In light of the New York wrong-way collision on the Taconic State Parkway getting so much publicity I thought it appropriate to repost my findings and conclusions about wrong-way collisions. The cause of the New York collision that killed eight people wasn't surprising to me...
Part 6 of 20 - Wrong-way Interstate Collisions, ?Are the police chasing the guy??
Posted on August 05, 2009Fredericton, Canada - December 2007 - A 61-year-old woman drove the wrong-way on a divided highway named Vanier Highway, the other head-on crash victim died. The wrong-way driver suffered a broken ankle but learned the person who died was a friend. The wrong-way driver was charged criminally and the trial testimony along with expert witness testimony is reported in the Daily Gleaner...
Part 5 of 20 - Wrong-way Interstate Collisions, ?Is the driver suicidal??
Posted on August 05, 2009Spring Hill, Florida – July 2009 - Wrong-way driver on Commercial Way. Driver was suspected of Dui but blew a negative breath test. The 28-year-old driver's mother indicated she was probably on either prescription drugs or methamphetamines. Saskatchewan, Canada – July 2009 - A $2,500 fine was issue to a man who had caused a collision when driving the wrong way while driving under the influence...
Part 4 of 20 - Wrong-way Interstate Collisions, ?Is the driver too old to be driving??
Posted on August 04, 2009Syracuse, NY – July 2009 – Three people died, wrong-way driver on Route 481, 60-year-old male. The at-fault driver had an 82-year-old passenger who also didn't realize they were traveling the wrong way. The driver of the car they struck was 27-years-old and died in the collision...
Is Direct To Consumer Marketing by Big Pharma Backfiring?
Posted on August 04, 2009I've covered direct marketing to patients by the pharmaceutical industry in a previous post. I was critical that other countries don't allow marketing directly to patients and that by doing so it creates a market influenced by patients pressuring physicians for drugs they might otherwise never take...
Part 3 of 20 - Wrong-way Interstate Collisions, ?Is the driver on prescription medications??
Posted on August 04, 2009Twin Cities, Minnesota – July 2009 – 49, y.o. female, OWI – BAC .33 legal is .08. Wrong-way driver on McAndrews Road in Burnside, MN. Slight injuries to both drivers, the story is covered by Pioneer Press. Baldwinsville, NY – July 2009 – Route 481 – three deaths...
Part 2 of 20 - Wrong-way Interstate Collisions, ?Is the driver drunk??
Posted on August 03, 2009Dallas, Texas – July 2009 – Dallas North Tollway – June 1, 2009 you can listen to the 9-1-1 call about wrong-way driver on the Dallas North Tollway. Age of driver is 28 years-old, female; head-on collision resulted in killing both drivers...
Part 1 of 20 - Wrong-way Interstate Collisions, Don't blink a car is ready to hit you head-on
Posted on August 03, 2009This week I want to cover wrong-way collisions. I've collected as many news items on wrong-way collisions as were available during the last 3 or 4 months. My intent was to report on all for a six-month period, but in going through them I wrote up only July's since there so many to handle and the theme simply keeps repeating itself...
Iowa and Nebraska EMT?s consider a Crane to Transport the Morbidly Obese Bureaucrats
Posted on August 03, 2009America the obese is weighing down government budgets for things like cranes and forklifts to move 800-pound EMT patients. The cost of ambulances and equipment is increasing with America's waist line. In 2008 27 percent of Iowa and Nebraska's population was obese; that was up from 23 percent in 2005...
Analyzing July 2009 Wrong-way High Speed Collisions in America
Posted on August 03, 2009Wrong-way drivers are causing deaths in America's interstate highway system all across the United States. No state seems to be immune. With two vehicles traveling towards one another at 70 mph death is almost certain. So what can you do to avoid being in one? For several months I've collected news items on wrong-way collisions and have analyzed where, when and how they occurred...
Van Crashes into Train in Adams County, Iowa
Posted on August 03, 2009On July 20th 2009 a man driving a van crashed into a moving train in Adams County. While the crash happened two miles east of Nodaway near the RAGBRAI route it was not apparently a RAGBRAI support vehicle. Sheriff's stated that one person was in the van at the time of the crash and that he apparently wasn't seriously injured...
When You're Over 50 How Much Bike is Too Much?
Posted on August 03, 2009I read where a man 67-years-old was riding eastbound on I-80 at the 142 mile marker. He's in the left lane, his bike leaves the roadway on the left side where he rolls it and is killed. This accident happens at 4:01 pm and he's heading east so the sun would not be a factor unless it's being reflected off of something...
Iowa's RAGBRAI Mania, like the Tour in France brings out the best and worst in People
Posted on August 02, 2009With RAGBRAI wheeling through Iowa we have pro-bikers and con-bikers making the news. For those of you who don't know about RAGRBRAI it stands for the Register's Annual Great Bicycle Ride Across Iowa. This is the 37th annual great bike ride across Iowa...
Iowa Trucker Killed While Unloading Pipe in Tennessee
Posted on August 02, 2009On Monday July 20th 2009, Larry LaCroix of Fort Madison died at University of Tennessee Medical Center in Knoxville after he was crushed by a load of pipe he was delivering to the cleanup site of a coal ash spill in Tennessee. Mr. LaCroix was releasing a hold-down strap on his flatbed trailer when the 20-inch diameter pipe came loose and rolled on top of him officials said The cleanup was halted temporarily so that safety procedures could be reviewed with the hundreds of workers at the site...
Child on the Rear, this Motorcyclist is charged with Child Endangerment
Posted on August 02, 2009On July 24th 2009 Stacey Pierson was charged with child endangerment, attempting to elude and driving with a suspended license. He is accused of leading police on a chase with his 12 year old child on the back. The chase along Interstate 380 near in interchange reached speeds of 80 mph and according to court documents caused 'a substantial risk' to the child...
Tradition is Tradition and Palin Should Bite the Head off the Republicans Latest Red Herring
Posted on August 02, 2009Well, she did it again. She's avoided the library. It's reported that Sarah Palin was to speak at the Simi Valley Republican Women's event at the Reagan Library. The latest Palin-PR announcement is that she's cancelled. Once again she's proven how to avoid ever being accused of visiting a library...
Russian-American Texas-Policia Taser Viciously Dangerous 72-year-old Grandmama
Posted on August 01, 2009It's true. One of America's most feared law breakers was tamed by the Texas Highway Patrol; this 72-year-old woman had to be Tasered after driving her car too fast on Texas roads and then having the temerity to argue with the officer. Here is what she said that required electrocution but not execution...
If the Police Believe Tasers are Safe Why is This One Blocking the Taser Camera Lens
Posted on July 31, 2009Take a look at this Lakewood, Ohio video tape of a policman using the Taser on a dog. Each time the officer uses the Taser for some unexplained reason the Taser's camera lens gets blocked with what looks to be something having the color of human skin...
When Money Talks, the Truth Walks
Posted on July 31, 2009This morning we talked about a 15-year-old boy who died after being Tasered. And what about the Detroit teenager who also died in April after being Tasered? Since 2001, more than 330 people in the United States have died after being shocked by Tasers, according to the human rights group "Amnesty International...
15-year-old Boy Dies After Being "Non-lethally" Tasered
Posted on July 31, 2009Was he or wasn't he handcuffed when Tasered? This Michigan boy, only 15 died after being shocked with a 'non-lethal' Taser. Were there other methods to calm him down? Probably. Bay City, Michigan police didn't even consider other means. The Taser is so convenient and easy to use and many, especially stockholders say that it's safe and non-lethal...
First time offender, a Chief of Police wants bail lowered for Charge that he Tased his wife
Posted on July 31, 2009Did he do it or not? That is the question to be answered in a small community of Oakwood, Texas in Leon County. The report states the mother-in-law noticed marks on her daughter and then reported it which spurred an investigation. The officer was then discharged...
Will Wall Street's lawyer layoffs slow down the number of CEO?s involved in financial crimes?
Posted on July 31, 2009Like many of you I've read the stories about lawyers being laid off in growing numbers. It got me wondering if these layoffs were perhaps a good thing. First the number of financial crimes in the news is disproportionately high to the number of CEO's sitting in prison...
Boating Safety : River Dams Pose Special Kinds of Risk to Boaters
Posted on July 31, 2009On July 30th 2009 at about 7:30 p.m. a man riding a personal watercraft in the Cedar River died after getting to close to a dam and getting sucked under. While his name hasn't been released the police have stated that he was wearing a life vest but the undercurrent was too strong...
Florida?s Burmese Python Snake Problem Requires an Amnesty Program
Posted on July 30, 2009Florida has a Burmese Python Snake problem, too many snakes on the loose in the Florida Everglades. Either they've escaped from a pet store during Hurricane Andrew or else the snake owners who kept them as pets then turned the snakes loose when they got to be too much for the owner's lifestyles...
A New Reality Show Called "Real Life", Beckons You to Parkersburg, Iowa
Posted on July 30, 2009The EF5 tornado in Parkersburg, Iowa that leveled the town on May 25, 2008 is still being felt. An EF5 tornado is the most violent tornado possible and is based on the Enhanced Fujita Scale. The former scale is named the Fujita Scale; the new scale is enhanced due to taking into account newer construction standards...
Utah Troopers call it "a ride with the Taser."
Posted on July 30, 2009Is the Taser when used as a substitute for communication skills the use of excessive force? This a routine police stop for speeding involving Utah State Trooper John Gardner and the driver, Jared Massey. It starts as a disagreement over who was speeding; did the trooper stop the wrong car? The alleged speeder had the trooper driving right in front of him...
Another rollover and death of teen driver after drifting off the hard surface of the roadway.
Posted on July 29, 2009In another single vehicle accident a teen driver, 17-year-old Brittany Shaver drifted off the solid surface of U.S. Highway 385 in Alliance, Nebraska, was unable to get the car back onto the hard surface, rolled and was killed. The report states she was not wearing a seat belt...
Is tasering a pregnant woman the use of excessive force?
Posted on July 29, 2009What will it take to prove to people that Tasers may be too convenient a tool and are taking the place of communications and a little time, resulting in excessive force being applied to otherwise law abiding citizens. The prohibition of excessive force is a part of the fabric of our Constitutional rights? Excessive force is force not necessary to enforce the law and to make an arrest...
Construction Safety: Falling pole kills co-worker, benefits may depend on a quick investigation
Posted on July 29, 2009In what can only be described as a tragedy, a construction worker today was killed after a utility pole was knocked over striking and killing him. The utility pole was backed into by a fellow worker operating a Bobcat with a bucket on it. The worker that died was 32 years-old and his fellow worker was 57...
Downtown Des Moines ? DART Drivers 7, Pedestrians 0!
Posted on July 28, 2009When I posted on July 24, 2009 about Des Moines bus drivers hitting pedestrians never did I anticipate that today we'd be once again discussing another bus-pedestrian collision in downtown Des Moines? Well, we are. They did it again, a DART driver struck another pedestrian...
Iowa Bank Sued Over Certificate's of Deposit
Posted on July 28, 2009Meta Bank of Iowa is being sued by 8 groups who bought fraudulent COD's after former employee Charlene Marie Pickhinke of Sac City plead guilty to stealing $4.2 million from the bank. In her guilty plea Pickhinke admitted to selling COD's to as many as 50 banks and credit unions across the country...
I'm sure if he could the commenter would Tase me for pointing out the obvious.
Posted on July 28, 2009I thought it was odd that the pro-Taser guy attacked me for what I do for a living. After all what does my being a lawyer have to do with the price of Taser International stock prices? This is the mentality left over from the failed Bush Administration policies...
Boating Safety News You Can Use - Where do you find safety information?
Posted on July 28, 2009Minnesota Department of Natural Resources – I've heard it said that in Minnesota there are two seasons: fishing and hunting. With over 10,000 lakes the DNR has an enormous task of monitoring use of the indigenous waters. Safety tips from the Minnesota DNR are available online and are free...
Two boats collided on Lost Island Lake, as two 13-year-old Iowans are at the helm
Posted on July 28, 2009Two 13-year-olds operating separate boats collided on Lost Island Lake east of Spencer, Iowa. Lost Island Lake is one vacation water spot in Iowa. One of the boys was injured and flown to a hospital in Sioux Falls, South Dakota on Sunday. The report from KCCI indicates the one boat driven by Langerman had another 13-year-old passenger, Morgan Muller...
Iowa Prosecutor Increases the Charges against Boater Accused of Drunk Boating
Posted on July 28, 2009Previously I posted, A Sioux City Councilman was injured in a boating accident on the Missouri River. It seems the case has taken another turn. It's being reported by the major news sources the boat driver has been charged with two felonies related to the death of a passenger...
Is the Taser a tool of law enforcement too easily used to abuse police power?
Posted on July 27, 2009Last week I wrote about an Australian law enforcement situation involving a tasering, that resulted in an explosion and a man catching fire. One of the commenters got abusive with the writer because he's a lawyer. The commenter obviusly was trying to distract from the point being made about police powers and abuse of police power...
States Should Begin Jailing Mothers Who Wrongfully Identify Men in Paternity Actions
Posted on July 27, 2009It should be called the Hatley Amendment, in honor of Frank Hatley, a 50-year-old man who's been in jail since June 2008 for not paying child support even though two separate DNA tests in the last nine years prove he's not the father. The courts often times by technical defaults find a man is the father, even though he isn't the father, order him to pay child support, and when he doesn't he goes to jail for contempt of court...
Rural Iowa Roads, Where Tall Corn May Obstruct a Driver's Vision
Posted on July 27, 2009On July 13th 2009 George Clark was headed Eastbound on 140th St. when he failed to yield while traveling through the intersection at Victory Avenue. Failing to yield caused the vehicles to collide and crash. The Clark vehicle was a small truck and it crashed into an International dump truck driven by Anthony Buckner...
Passing on the shoulder in rural Iowa requires reducing one's speed
Posted on July 27, 2009On July 8th 2009 Daniel Kult was heading South of Timber Ave. when he attempted to pass another Southbound vehicle on the left shoulder, when he tried to bring his vehicle back onto the road he lost control and slid across both lanes of traffic and rolled several times before coming to rest in a residential yard...
Lost Brain-Injured Des Moines Man Demonstrates the Need for Wearing a Helmet
Posted on July 26, 2009He has a brain injury and from what the reports state he is easily confused. Norris Price walked away from a local area hospital on Saturday around 12:30 p.m. He's 6'4', weighs 224 pounds and is 52 years old. When he walked off he was wearing a white t-shirt and blue or gray baggy pants...
Ames, Iowa Elevator Accident Resulting in Death of Illinois Man - Update
Posted on July 25, 2009I've previously commented on the elevator accident in Ames, Iowa that took the life of a young Illinois man. These are my posts. Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator, June 8, 2009 Just the Facts: Elevator door collapse investigation in Ames, Iowa still open...
Texas Motorcyclists Injured and Killed By Turning Trucker
Posted on July 25, 2009A Texas man, Vernon Newsom of Mansfield, Texas died in a motorcycle accident in or near Geddes, South Dakota as a result of a driver turning without first making sure it was clear to do so. Newsom, with his wife on the back attempted to pass a truck, as he started passing the truck started to turn causing him to have to take to the ditch where he was killed and his wife suffered life-threatening injuries...
Just Another Day in Paradise for Downtown Pedestrians and DART Drivers
Posted on July 24, 2009Here we go again with another DART-pedestrian accident in downtown Des Moines. What is going on? On July 9th 2009 Veronica Lima of West Des Moines was dropped off on 9th and Walnut when DART bus driver Robert Delpierre allegedly failed to yield the right of way and then stopped right on her leg...
The Apology Shield - Pandering to Lies and Deception over Truth and Consequences
Posted on July 24, 2009Get your beer goggles on because you're going to need them to see straight after reading this one. My friend and colleague David Mittleman recently posted "I'm Sorry" Policy Works for University of Michigan Health System, discussing a most disingenuous legislative invention being employed in Michigan...
Iowa Board of Medicine Charges Surgeon Involving Consent to Perform a Tubal Ligation
Posted on July 23, 2009On July 8, 2009 an Iowa surgeon was charged by the Iowa Board of Medicine as follows: Paragraph 12. The Board alleges that Respondent failed to conform to the minimum standard of acceptable and prevailing practice of medicine in Iowa when he performed a tubal ligation on a female patient without proper consent in Iowa Falls, Iowa in 2008...
Sioux City, Iowa house fire death a lesson in household safety
Posted on July 23, 2009I'm not sure we have covered the house fire in Sioux City, Iowa that took the life of 27-year-old Chonburi Louangrath. If so this post differs in it's approach to this too often seen news item about an unintended or accidental house fire. In this case the accidental fire was caused by a child playing with matches...
In some ways I envy the dead man in the dumpster, Jimmy Lankford.
Posted on July 22, 2009Maybe he was just a man choosing a different lifestyle on terms he dictated. Maybe Mr. Langford chose to own less so he could have more of something else that was to him of higher value. Here is what I mean by his having more after choosing less. A fifty-year-old man was found in a dumpster dead and lying in a sleeping position...
Could use of steroids by high school athletes permanently impair their judgment
Posted on July 22, 2009Their use has tainted the reputation of many professional athletes. Their prevalence in professional sports has caused drug screenings to become more commonplace today than at any other time. Their effects are suggesting to us that they are more than performance-enhancing...
Tasered Man Bursts Into Flames in Sydney; Cops Yell, Hooray for Our Side!
Posted on July 22, 2009Here is the May 4, 1970 when students died at Kent State University protesting the War in Vietnam, which supposedly was never a 'war'. So now I have to ask myself, have the protesters become the establishment against whom they protested? It's true; a man in Sydney running towards police with a container of fuel was tasered and then burst into flames...
Are they "threading the needle" in Washington County, Iowa?
Posted on July 21, 2009What is 'threading the needle'? I became interested in the idea of threading the needle after reporting on an intersection collision in rural Iowa that killed three people. The accident occurred in Washington, Iowa on May 23, 2009. Essentially a car being driven by a young adult entered an intersection without stopping for the stop sign, struck a vehicle broadside sending it across the center line and head-on into an oncoming semi-truck...
Three workers electrocuted when using a boom truck
Posted on July 20, 2009Today, it's about three workers who get electrocuted from an overhead power line while doing work on a college campus with a boom truck. It reminded me of my family and the work I grew up listening to them discuss. My grandfather, father, brother and brother-in-law all worked, at one time or another, for the Narragansett Electric Company in Providence, Rhode Island...
Game on for the Great Pithy Python Florida Everglades Hunt; Python Pet Owners Pray for their Prey Who Will Rue this Day in the Not-So-Sunny Florida Everglades
Posted on July 19, 2009The State of Florida got the nod from the Feds to turn trappers and bounty hunters loose in the Florida Everglades looking for the unnatural Burmese Python that can breed like a rabbit; 100 eggs at a time! The Burmese Python has no natural predator in the Florida Everglades, with the exception of the bounty hunters...
This Case Combines Road Rage with Domestic or Spousal Abuse
Posted on July 17, 2009I've covered several other collisions involving a different strain of road rage, I'm going to call it passenger compartment rage. In this case a Des Moines man is reported to be arrested after getting in an argument with the driver, resulting in his kicking the windshield, knocking the rear view mirror off following his grabbing the steering wheel...
Could a float plan have saved Marquis Cooper and his passengers?
Posted on July 16, 2009When you need to be rescued every minute counts. So if the boat sinks it is too late to be asking the question: What is a float plan? A float plan is like a flight plan that pilot's use to advise potential rescue crews about the intended flight, the vessel, the safety equipment on-board and the means of communication available to the crew...
What is a float plan?
Posted on July 15, 2009A float plan is like a flight plan that pilot's use to advise potential rescue crews about the intended flight, the vessel, the safety equipment on-board and the means of communication available to the crew. In the case of a boat we are talking about the vessel itself, it's identification, the means of propulsion, telecommunications, navigation available to the boat crew, what visual distress signals rescuers should look for, what audible distress signals were available, what PFD's were on board, the ground tackle available and other gear for life saving measures...
Boating Safety News You Can Use from around the Midwest
Posted on July 14, 2009Iowa – As of May 2009 Iowa made wearing a safety vest for those boaters under age 13 mandatory. There is an exemption for commercial boats with a capacity of 25 people or more or while in an enclosed cabin and below deck. Omaha, Nebraska – Two women were being pulled on an inner tube behind a boat and one died when the inner tube was whipped around on a turn and struck a dock...
Pork Reforms not mentioned by the American ?More Pork? Reform Association, why do hospital's advertise?
Posted on July 14, 2009Consider the policy of medical service providers wanting tort reform measures to save money. The policy is to make severely injured patients pay for the cost of medical mistakes that they had no fault in committing. The health care workers make the mistakes and the patient gets to pay...
Pedestrian Safety News Roundup Continues ... Estimating speed of oncoming traffic
Posted on July 14, 2009Once again today we continue with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. Today we'll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much...
Playing Dirty Harry at the 7-11
Posted on July 13, 2009Robberies of Convenience Store Clerks A Des Moines robber got the surprise of his life when the store clerk pulled his own gun, aimed it and they had an old fashion standoff. The robber fled on foot to a nearby apartment complex. The store clerk worked at the Family Pantry Food and Liquor store, 4538 Lower Beaver Road, Des Moines, Iowa...
Pedestrian Safety News Roundup Continues ... Child darting case
Posted on July 11, 2009Today we continue with the pedestrian-car-truck-bus-train collision news items. There are so many of them just since the first of the year. You can tell its spring. Today we'll look at three additional news items that each provides a theme or reason (cause) as to why pedestrians get struck so much...
Nine children injured in two-van collision near Grimes
Posted on July 10, 2009One van tried to turn left of center onto S. 11th Street south of Grimes off of Iowa Highway 141. An oncoming van collided with the first van sending two adults and nine children to the hospital. The van was from Oakmoor and it rolled in the ditch. Originally posted at InjuryBoard by Steve Lombardi
Woman pushed out of moving vehicle
Posted on July 09, 2009Elgin, Iowa - June 2009 - This is the second news report I've seen lately about men getting mad at their girlfriends and pushing them out of the car into a place of danger. In the latest instance a 59-year-old man was charged with domestic assault after police were notified of a woman lying in the roadway about 3 miles south of Elgin...
Iowa Workers' Compensation: Do I have to work the morning of surgery?
Posted on July 08, 2009As lawyers we are asked questions daily concerning our areas of practice. In this instance the person asked about workers' compensation and whether they have to work the day of surgery. Question: I was told that I have to work the morning before my work comp surgery...
Boating Safety News You Can Use
Posted on July 08, 2009I'm continuing to post news and information about boating safety both here in the Injuryboard and on The Verdict, my own web blog with the Lombardi Law Firm. Today we have a website with interesting information about traveling with children, infants and small children...
Man?s Best Friend isn?t Always a Car Driver?s Best Friend
Posted on July 07, 2009Gary Boldt, 62 was driving a motor home nearing Verona, Wisconsin when a dog jumped into his lap. Startled, he lost control, drove across the median of U.S. Highway 151 and crashed head-on with an SUV being driven by John Seier, 55. John Seier and Travis Brune, 13 of LaMotte both died...
Will charges likely to brought against owner of python that strangled two-year-old be successful?
Posted on July 07, 2009The 9-1-1 call is chilling to say the least. This Florida man describes how an 8-foot Burmese pet python snake during the night got out of its cage and strangled 'the baby'. The baby is a two-year-old female. http://www.foxnews.com/video/index.html?playerId=011008&streamingFormat=FLASH&referralObject=6516682&referralPlaylistId=b895e6943a20a5ba0d5beadb011b18b7ea0a1398 Keeping exotic animals as pets may seem to add an edge to a boring life but it's really like playing catch with a knife...
Living on the edge of reason; Promoting Hatred as a Cultural Norm
Posted on July 06, 2009Ann Coulter: "Dr. Tiller Was Terminated In His 203rd Trimester" http://www.youtube.com/watch?v=woHB8qCDVv4&feature=related I'm neither a liberal nor a conservative. I just want people to stop wasting my tax dollars. I don't care if gays marry, adopt or get divorced...
Driver argues, loses control, causes accident, kills motorcyclist
Posted on July 06, 2009Fort Lauderdale, Florida – January 2009 – From Chalik & Chalik along with the Sun Sentinel we bring you this January 22, 2009 report of pedestrian mayhem in the sunny state of Minnie and Mickey. In this blog report, be discerning about what you read because some appears not to be accurate; the report mentions a different way a pedestrian was injured...
Raising Children in a Country where Hatred and Intolerance is Sometimes Institutionalized
Posted on July 05, 2009No I'm not talking about Communist China, I'm talking about hatred and intolerance being taught in America. I have to wonder how we expect to raise children to be part of a global economy with the idea it's okay to be an American that hates people whose ideas are different...
Pedestrian Safety News Roundup Continues ... Learning to share the roadway
Posted on July 05, 2009Again today we continue with several more pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what's ahead or what's coming...
What would our Founding Father's do with Accreditting Liberty University School of Law
Posted on July 04, 2009On this day, the 4th of July, it is appropriate that I discuss those from whose teachings sprout the green shoots of home-grown terrorism in America. Terrorism is defined as: S: (n) terrorism, act of terrorism, terrorist act (the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear)...
Sarah Palin promised it would not be politics as usual, and delivered on ... "the politics of unusual"
Posted on July 04, 2009The Peter Principle is the principle that "In a Hierarchy Every Employee Tends to Rise to His Level of Incompetence." Once again the Republican Party builds a bridge to nowhere. Can you imagine a worse time to announce a resignation; Independence Day weekend...
Happy 4th of July
Posted on July 03, 2009Happy 4th of July! Steve and I grew up in Bristol, Rhode Island, a New England town where the 4th of July parade has run longer than any place else in America. Bristol is often times called the most patriotic of all places in America. The stripe in the middle of the main road where the 2 ½ -3 hour parade takes place is even, red, white, and blue...
Pedestrian Safety News Roundup Continues ... Some good advice from The Pocono Record
Posted on July 03, 2009We are back again today continuing with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. How about if for this month, both drivers and pedestrians pay more attention to what's ahead or what's coming...
A Sioux City Councilman was injured in a boating accident on
Posted on July 03, 2009I'm behind on boating accidents and water safety issues. Let me attempt to catch up. I've collected boating items in the news and will over the next few posts examine how many people get injured while boating or on or near the water's edge. In the first instance you have a driving maneuver that surprises the passengers, one in which they were not prepared for resulting in them being thrown overboard and struck by the boat...
Pedestrian Safety News Roundup Continues ... After the highway breakdown
Posted on July 02, 2009Now you're on the roadside after breaking down, you pull out your cell phone, call triple A and the tow truck arrives. The operator exits his truck and wham! He's suddenly struck by an oncoming car. Unbelievable, you say. Not so. Santa Clara, California – December 2008 - My friend John Bisnar from California blogs about an instance of a ground crew mechanic working on the ground near a helicopter...
Pedestrian Safety News Roundup Continues ... The Highway Breakdown
Posted on July 01, 2009Columbus, Ohio – December 2008 – Freeway breakdowns make you a pedestrian. In this story from the Columbus Dispatch, two separate pedestrian-vehicle collisions occurred on Columbus freeways. In both instances a driver was stopped along the highway, out of their car when they were killed...
Civics 101; Do you know the three branches of government?
Posted on July 01, 2009Life, Liberty, and the Pursuit of Happiness Civics 101: Do you know the 3 branches of government? Richard Dreyfus has taken up the cause of educating Americans about basic fundamentals of our government. 'Don't call it civics', he states, 'because civics is easily the most boring word in America, call it what it is: Political Power...
How can 2 adults and 8-yr-old drown in a South Carolina swimming pool?
Posted on June 30, 2009Very strange news from South Carolina, as an aunt, uncle and 8-year-old nephew were found drowned in a back-yard swimming pool. The uncle was employed at the property and had permission to use it. A resident of the home returned to discovery the bodies...
Pedestrian Safety News Roundup Continues ... Look before you exit the car
Posted on June 30, 2009Today we continue with several more pedestrian-car-truck-bus-train collision news items. There are too many pedestrian collisions just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what's ahead or what's coming...
Sergio Kindle-Texas Longhorn Linebacker; Texting While Driving?
Posted on June 30, 2009Sergio Kindle-Texas Longhorn Linebacker Texting while driving? On June 24, 2009, Sergio Kindle, a Texas Longhorn Linebacker, drove into an Austin, Texas apartment building at 2:50 a.m. His attorney, Brian Roark, stated that Sergio 'was probably texting' at the time...
Spousal Consortium: Jon and Kate Plus 8 are an example of what two people can do together.
Posted on June 30, 2009Watching Jon and Kate + 8 on the Discovery Channel clearly demonstrates what the legal system means when we discuss spousal consortium. Jon and Kate are a prime example of why consortium is valued and an allowable element of damages in cases where one spouse has suffered an injury or is killed...
Veteran Health Care Possible Contamination from Florida and Georgia VA Hospital Facilities
Posted on June 29, 2009If you've had a colonoscopy done at the Miami Veterans Affairs Healthcare System, South Florida, then you need to be aware there are concerns the equipment may have been contaminated and you will need to be tested for hepatitis and HIV. About 6,000 to 10,000 veterans may have been exposed to HIV and hepatitis...
Judge Chin Will Sentence Madoff on Monday - The next generation listens.
Posted on June 28, 2009The question Judge Chin answers on Monday is one of whether crime pays. The sentence he imposes will indicate the message we send to this next generation and how serious they take investing the largest retirement nest egg ever amassed. Will the baby boomers be protected from the financial criminal element that stalks the halls of Wall Street? It's being reported that Ruth Madoff settled with the U...
Are Iowa's Autistic Kids Being Denied Autism Testing?
Posted on June 27, 2009A Michigan class action lawsuit has settled for $1 million dollars to reimburse 100 families for the expense to test for autism. BCBS has a way of using the experimental contract exclusion for denying claims. After settling Michigan's BCBS said it will offer extended autism coverage to children 1 to 5 years of age...
Fatal Choice; Texting While Driving
Posted on June 27, 2009Fatal choice; Texting While Driving A Eureka, Illinois teen was killed in a motor vehicle accident on Thursday, June 25, 2009. Alyssa Burns, 17 years old, was cresting a hill on County Road 800 North while traveling east. She must have realized she was in the left lane because she steered sharply to the right, over corrected and her SUV traveled into a ditch overturning several times...
Kate plus 8 means no date.
Posted on June 26, 2009Life in modern America is full compelling contradictions. As a trial lawyer I've seen more than my share, but today's case has piqued my interest more than others. It's the quintessential knotty legal problem that greater minds will struggle to resolve...
Pedestrian Safety News Roundup Continues ... Walking along the Interstate
Posted on June 26, 2009Fort Lauderdale, Florida – January 2009 – From Chalik & Chalik along with the Sun Sentinel we bring you this January 22, 2009 report of pedestrian mayhem in the sunny state of Minnie and Mickey. In this blog report, be discerning about what you read because some appears not to be accurate; the report mentions a different way a pedestrian was injured...
Tart Reform working, Iowa's latest "Love Court" bustling with managing baby-adult crimes-of-the-heart
Posted on June 26, 2009We are back again with the Courts playing love manager for adults. This time we have Ryan Janssen, age 32 a teacher at Norwalk High School making a mistake of having romantic relationship with a 16 year old. That was over two-years ago. Now she's 18 and an adult but still in the newly judicially legislated 'baby adult' category where the prudes in society get to hang the scarlet letter around the teacher's neck and play Harper Valley PTA with this now adult relationship...
An EF5 Tornado strikes Manchester, Iowa on May 25, 2008 - YouTube Video
Posted on June 25, 2009Manchester, Iowa Tornado – The EF5 tornado destroyed 200 homes and caused more than $100 million in damage on May 25, 2008. Six people from the town died in Iowa's deadliest tornado since 1968. YouTube – Parkersburg, Iowa Tornado destroys Parkersburg, Iowa home http://www...
Key2SafeDriving: New Device Jams Cell Phone Use While Driving
Posted on June 25, 2009Key2SafeDriving New Device Jams Cell Phone Use While Driving Researchers at the University of Utah have developed an ignition key that prevents teenagers (or anyone else) from talking or texting on cell phones while driving. Key2Safe Driving has been patented by the university and licensed to a private company who hopes to see it on the market soon...
Parkersburg, Iowa and the Murder of Coach Ed Thomas - Just the Facts
Posted on June 25, 2009Coach Ed Thomas, 34 seasons at A-P High, 16 playoff appearances, six state title games appearances and 2 championships, in the playoffs 19 times, 4 players in the NFL, (Paul Rhoads, Brad ) He also was the school's athletic director and boys' track coach and helped dozens of student-athletes continue their careers in college...
Another Judge in Texas Indicted
Posted on June 25, 2009Ever wonder how Judges get in the news? Watch this video tape that the news reports is a Texas State Court Judge. http://www.youtube.com/watch?v=m0Xxasf2alE He was allegedly indicted last Thursday by a Harris County grand jury on a state felony charge of criminal mischief...
Driving While Intexticated
Posted on June 24, 2009Des Moines/West Des Moines Parents…..Teenagers Driving while Intexticated Where are they learning this? Example maybe? Are you thinking, 'Not my Kid!'……according to Live Science, nearly 60% admit to texting while driving. Now, if you're a parent, you know the statistic is much higher than this...
Part VI: I want to make ten tort reform minded people filthy rich. Are you one of them?
Posted on June 24, 2009Today I want to accomplish one of two things: 1. Either make all the tort reformers filthy rich; rich beyond their wildest dreams; or 2. Demonstrate a false impression the tort reformers are creating. Tort reformers want you to believe that doctors are ordering unnecessary medical tests for sick or injured patients just to avoid being sued...
Pennsylvania Doctor Laments there just aren't enough Medical Malpractice Cases
Posted on June 24, 2009In Morning Call, a Pennsylvania's newspaper reports medical malpractice lawsuit trials are on the decrease as more cases are settled. In a followup article John A. Kibelstis, M.D. openly worries about who with adequate trial experience will in the future defend them...
Driving on Iowa's gravel roads requires a certain skill set.
Posted on June 23, 2009Question: In your experience what are some of the causes of driver's losing control of cars and trucks on gravel roads in Iowa? Answer: I've been asked this question before and after almost 30 years of practicing in this area of the law I've got a good idea of what needs to be on the list...
Wrong-Way Accidents: Call for articles, posts, studies and related information on wrong-way drivers - ghost drivers!
Posted on June 23, 2009Wrong way drivers have become increasingly a problem on the Interstate highway system. I've blogged about it before and have been collecting wrong-way highway collision news for almost six-months. In the next week I'll be adding a compendium of news items, probably a few each day for at least two-weeks while I'm away on vacation...
Pedestrian Safety News Roundup, Continues with a backing over accident
Posted on June 23, 2009Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months. There are so many of them just since the first of the year. You can tell its spring. Today we'll look at three additional news items that each provides a theme or reason (cause) as to why pedestrians get struck so much...
Part V: Tort Reform or Pork Reform? Does the ATRA and the Chamber have something to hide?
Posted on June 22, 2009I'm puzzled though about the ATRA would you mind answering a few questions for me? How much did the ATRA and the Chamber spend on ad campaigns last year? How much is in the budget this year for ads? What is the annual budget for the ATRA? And how about the Chamber? Where do they get their funding? Any come from outside this country? If so from where and how much? Do you believe in hedge funds making full disclosures? Does the ATRA and the Chamber have something to hide? If you won't answer these questions why won't the ATRA and the Chamber disclose where they get their donations? Is there a commonality of interests between the ATRA, the American Chamber of Commerce and the Chinese Communist Party? Don't you all advocate for a lack of corporate accountability? Is that where the ATRA and Chamber get some funding? Isn't profit the reason why these organizations choose to try and cripple the American judicial system? What was it I saw written last week, Poorly Made In China, by Paul Midler...
Iowa's Head CEO of BCBS Comes Down with the Swine Flu, Treatment is Costing Iowa $2.5m
Posted on June 22, 2009They keep telling us in the news that health care is in trouble and we all need to tighten our belts. Employers are paying more for less coverage and individuals go without health insurance due in part to higher costs of being outside a group plan. The tort reformers relentlessly attack the civil justice system in an attempt to shift costs of medical mistakes to the patients...
Bike's hand brake impales 10-year-old boy
Posted on June 22, 2009A ten-year-old boy riding a bike was impaled by the hand brake lever when he jumped a curb and fell. If you want to see something scary watch this young boy riding a motorized bike he doesn't know how to control. http://www.youtube.com/watch?v=LtrZZ-8RTAw Originally posted at InjuryBoard by Steve Lombardi
Man's Best Friend brings WWII grenade to its German owner.
Posted on June 21, 2009Just recently in Germany a dog found and retrieved to its owner a U.S. grenade left from World War II. The owner lived near Erkrath, Germany. Police were summoned to disarm it after it was properly identified. Live ammunition continues to this day to be found in Europe...
Part IV: Tort Reform or Pork Reform? What about Madoff's lawyers?
Posted on June 20, 2009I'm back again today to answer to Mr. McKinney and the A.T.R.A. Today let's talk about corporate wrongdoing and the legal thugs the Wall Street CEO's send in to create the smoke screen that allows the Bernard Madoff's and whoever helped him swindle investors for $50 Billion in cold hard cash...
Deer season in Iowa isn't always about hunting, motorcyclists need to watch out
Posted on June 20, 2009They say no to mandatory helmets and we get to pay for the results. A motorcycle being driven by a David Murphy was eastbound on River Road in Hancock County. At the location with Taft Avenue a deer was in the road, which he struck. The motorcyclist was killed...
FedEx truck rear ended
Posted on June 19, 2009FedEx truck driver, Darwin Happel, was rear-ended and goes to Mercy Hospital in Oelwein, Iowa for treatment. The one who came from the rear, Gregory Asche of Parkersburg wasn't hurt.Originally posted at InjuryBoard by Steve Lombardi
Part III: Tort Reform or Pork Reform? The under belly of the "ATRA" and Big Tobacco tort reformers.
Posted on June 19, 2009Dear Darren McKinney: Many people aren't familiar with the American Tort Reform Association or why it was started. They don't know the pivotal events of what gave the ATRA the reasons to exist and to begin their campaign of trying to persuade America that corporate responsibility is a bad idea...
Child Safety: How many seconds can you leave your infant in a hot car?
Posted on June 19, 2009ANSWER: ZERO SECONDS Summer Safety: Children and babies left in cars leads to death 'I'm just running in for a couple of minutes……I just need to pick something up…..I don't want to wake the baby……It will be quicker if I go in alone……' These are the last words spoken by some parents who leave their children in hot cars...
Part II: Tort Reform or Pork Reform? My reply to the A.T.R.A.
Posted on June 18, 2009I'm back today with Part II to Mr. McKinney and his comments concerning Tort Reform. If anyone thought I should reconsider speaking directly with the American Tort Reform Association you can forget it. As far as I'm concerned I'm just warming up. The Face of Tort Reform - The one the Chamber won't show you...
Kayaking a swollen river takes more than just guts
Posted on June 18, 2009KCCI reported on a drowning involving kayakers from Iowa. Brothers originally from Creston, Iowa were on a kayak trip on the Pennsylvania River in the Philadelphia area. The river attacks kayakers as it swells with rains. These two were not described as being very familiar with the river, the area or kayaking for that matter...
Tyson child accidental hanging and Iowa infant playground near strangulation very similar
Posted on June 18, 2009A playground injury at the Apple Tree Daycare center in Dickinson County, Iowa was caused by a 5-year-old girl near strangulation caused by a jump rope around her neck hooking on the upper portion of the slide at her preschool as she slid down the slide...
Scaffolding Collapses in the news, how often does it happen?
Posted on June 18, 2009How common is a scaffolding collapse on a construction site? Brooks Schuelke and Wayne Parsons posted about the June 10, 2009 21 Rio Condo scaffolding collapse in Austin, Texas and it seems really popular right now. Brooks being from this area finds this story pretty close to home...
Iowa woman dies after horse loses footing and falls
Posted on June 18, 2009A 28-year-old woman died from a horse losing it's footing, falling and her ending up under the falling horse. The time was some time before 8:50 P.M. to the entrance of Fountain Springs County Park two miles from Greeley, Iowa. She died at the scene...
Get off the cell phone while driving!! You almost hit a boy on a bike!
Posted on June 18, 2009Get off the cell phone while driving!! You almost hit a boy on a bike! As I was exiting Interstate 235 in West Des Moines at approximately 2:45 p.m. today (June 18, 2009), I was waiting to turn right onto Valley West Dr. (35th Street). In front of me was an SUV, a silver Saturn VUE driven by a woman who was talking on her cell phone...
Unusual weekend as seven die in five separate crashes across Iowa
Posted on June 17, 2009The news always refers to them as 'road fatalities' but really they are car crashes of various natures, some have to do with the road and others don't. They do start off on the road but many have to do with driver distractions; distractions that cause a loss of control or making the wrong decisions while driving...
O'Connell, an Irish family, is devasted after van crash in Iowa.
Posted on June 17, 2009This is one of those accidents I hate writing about but without this posting the relatives and friends back in Ireland may wonder about how to obtain information concerning the O'Connell family. I reviewed the Iowa State Patrol report of this family's June 14, 2009 accident...
Woman saves toddler by pushing it out of the way, then is stuck underneath car as it rolls over her.
Posted on June 17, 2009We've been talking about pedestrian safety. I've not finished yet with all the mail box news alerts and already they are coming in with new alerts. In this one we have a 5 to 6 year-old and a 23 year old pedestrian or bystander from Cedar Rapids, Iowa finding themselves in danger of being run over...
YAMAHA and the ATRA might ask: Why are there so many personal injury lawyers?
Posted on June 17, 2009This is the headline the American Tort Reform Association would write: Iowa motorcyclist, out for a Sunday driver in Cedar Rapids clocked on radar at over 164 mph! Greedy trial lawyers to blame! Poor Yamaha being put out of business by greedy trial lawyers who blame everything from bullets causing a few deaths to cigarette smoking causing lung cancer! Who will they sue next? Poor Bernard Madoff? Help us to help Bernie! Kill a trial lawyer! Okay, enough foolishness from me, but it gets me angry to have to listen to the tort reform associations preach about injured people taking responsibility and yet you never hear those same organizations talk about corporate responsibility...
American Tort Reform Association, Part I, building a new America with their partners including the American Chamber of Commerce
Posted on June 17, 2009I wrote a post about the face of tort reform that the Chamber doesn't want you to see. It was a post about pit bulls and other vicious animals mauling small children and how tort reform neuters the law and justice. The point of that article was pit bull owners don't follow the law and don't seem to care about civil liability; thanks to the Chamber and the American Tort Reform Association...
Iowa Mixed-Martial Arts Fighter Paralyzed in Fight - Tort Reform put the bills in your mailbox.
Posted on June 16, 2009The MMA slogan is 'Ready, Connect, Fight' and so they did. Zack Kirk landed a fight for May 23, 2009. He connected, fought for a bit and then fought his way into a broken neck. The story is pretty simple, at least as far as the fight goes. After landing on his head Zack Kirk broke his neck...
Beer in hand, mother searches for father while leaving 3 children home alone in Iowa City
Posted on June 16, 2009Another disturbing news item of children being left home alone. It's being reported that Shannon Lynette Mather, age 27, was arrested Tuesday, June 2, on drunken driving charges, driving on a suspended license and three counts of child endangerment. The woman was arrested around 9:30 p...
Elevator Inspections and Maintenance - Were they performed? What is going on in Ames, Iowa?
Posted on June 16, 2009I reported about an elevator incident in Ames, Iowa and today we post a follow-up about this elevator shaft fall and 'accidental death' at Campustown in Ames, Iowa. First let's look at an elevator incident in Las Vegas and then a CNBC Report that discussed elevator maintenance and inspections...
Bus vs. Motorcycle, which will normally win?
Posted on June 16, 2009A bus and a motorcyclist have the odds in favor of the bus. And that's what happened on the morning of June 8, 2009 in Cedar Rapids, Iowa at around 7:30 A.M. on Mount Vernon Road and 19th Street. The motorcyclist was taken to the hospital. No children on the bus were injured...
Just the Facts: Elevator door collapse investigation in Ames, Iowa still open. Why?
Posted on June 15, 2009Why aren't the investigative reports from the Ames, Iowa elevator death case not being released? We reported earlier on this matter. See our post at Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator, June 8, 2009. A request for the investigation report into the Ames, Iowa death by plunging seven stories down an elevator shaft through a closed elevator door was refused by the City of Ames Police Department...
Iowa: It's not always the young who are distracted while driving.
Posted on June 15, 2009In this crash we have two cars entering the same intersection at once. The northbound vehicle has to stop and yield, but doesn't. It enters the intersection striking the westbound car and is struck. The offending vehicle then entered the ditch, rolled and caught on fire...
Mike, a 390# gorilla takes a stroll outside his containment at S.C. Riverbanks Zoo
Posted on June 14, 2009A family from Greenville, in town to attend a pony show, visited the zoo and got the surprise of their lives. What they saw was a gorilla, "Mike", on the loose. This woman describes a another mother with young boy in a stroller coming face to face with the escaped gorilla...
Another deer avoidance maneuver causes a loss of control and a death
Posted on June 14, 2009Favian Guerra was driving a 1997 Toyota Avalon in Scott County on I-80 at the 278 mile marker in the eastbound lanes of traffic. A deer ran out in front of his car. Guerra is reported to have swerved to miss the deer, then drove across the median and into eastbound traffic where he came into contact with a semi-truck being driven by Dennis Edelman from Sunset, Texas...
Boating Safety Training in Iowa - 90% of water related deaths don't have a life vest on
Posted on June 13, 2009The State of Iowa Safe Boating Course is taught by members of Coast Guard Auxiliary Flotilla 4.The last class was held at the Lake Red Rock Visitors Center near Pella, Iowa. They will also inspect your boat. Other Boating Safety Course: Iowa Department of Natural Resources...
911 Call Captures drowning woman's plea for help.
Posted on June 13, 2009In this case a single vehicle collision caused by what the Iowa State Patrol says was a loss of control killed the two adults but sparing the 1 year old child. Later reports indicate the child did die. The car is said to have rolled into a ditch that was partially filled with water...
H1N1...Full Blown Pandemic, Alert raised to Level 6
Posted on June 12, 2009H1N1…..Full Blown Pandemic, Alert raised to Level 6 World Health Organization officials met with flu experts today (June 11, 2009) in Geneva to evaluate the spread of H1N1 and to raise the Alert to Level 6, the highest level possible. H1N1 is the first official influenza pandemic in more than 40 years...
Rural Iowa driveway ditch crossings can be very dangerous
Posted on June 12, 2009In this crash a 23-year-old young man was killed in a one-car crash. He was driving a 1996 Pontiac Bonneville northbound on L48 in O'Brien County. The speed limit is 55 mph in this area, the time of the accident was 6:55 PM, he was wearing his seat belt, he was not ejected and his car movements were essentially straight...
How often does an infant get run over by a lawnmower?
Posted on June 11, 2009Two-year-old infant injured by lawnmower How does a 2-year-old boy get hurt by a lawnmower? There aren't many details but that's exactly what is reported by KCRG in a Scott County Sheriff's Report. The child was taken to the University of Iowa Hospitals in Iowa City for treatment...
The Face of Tort Reform - The one the Chamber won't show you.
Posted on June 10, 2009The Des Moines Register reports that Daniel McAfee, 29, is the caretaker of a pit bull that is owned by Cody Pendleton, age 27. The dog is reported to have had 'a history of aggression toward people…' . On May 28, 2009 police officers are called to the neighborhood when the dog attacks a neighbor (Heidi Wiseman, 26) in the 800 block of East 27th Street...
Iowa, A three car crash took the life of the first collision driver.
Posted on June 10, 2009A rear end collision propelled the offending car across the center line and into the path of an oncoming car. Those two collided for a second collision sending both off in different directions. The 47-year old driver of the offending vehicle was Theresa Hynous who died from the impact...
Wrong-way drivers on I-80 Interstate are a problem
Posted on June 09, 2009At the 104 mile marker east bound on I-80 a Honda Civic being driven by an unidentified driver was driving westbound and struck a 2005 semi-truck driven by Mann Ravinder of Bay Point, California. Mr. Ravinder is 36-years old. The driver of the Honda died in the collision...
Release snake owners into the Everglades if they can't account for their Python.
Posted on June 08, 2009I took up the suggestion of Bob Mooney, a person who commented on yesterday's post concerning the Burmese Snakes invading the Florida Everglades and looked up Dr. Mazzotti. Releasing exotic wildlife in Florida is a first-degree misdemeanor with a penalty of up to one year in prison and a $1,000 fine...
Air France Flight AF-447, Just the facts
Posted on June 08, 2009Of the 228 people aboard the Air France flight that crashed, it is reported 15 more bodies of passengers have been recovered. Four bodies were men and four women. Brazil reports 17 bodies have been recovered so far from jet crash The plane: an Airbus 330...
Pedestrian Safety News Roundup Continues ... Firefighters and heavy construction equipment
Posted on June 08, 2009Today we continue with several more pedestrian-car-truck-bus-train collision news items. There are too many pedestrian collisions just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what's ahead or what's coming...
Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator
Posted on June 08, 2009The police are calling it an accident and that's fine from a criminal standpoint, but not from a civil standpoint. I agree with no criminal charges being filed against the friend who playfully shoved him, but not against others. What company maintains this elevator? Elevators are not supposed to just open when someone falls into the doors...
Serious Jeopardy: If you fell out of the boat in the Florida's Everglades, could you be eaten by a Burmese Python?
Posted on June 07, 2009The short answer is yes you could. Florida has an indigenous problem with pet owners. Floridians have been dumping Burmese python snakes into the Everglades after they grow too big to be house pets. So much so, that their population is estimated to be moiré than 150,000 pythons now calling the Florida Everglades home...
Pedestrian Safety News Roundup Continues ... Cell phones and alcohol as a distraction
Posted on June 07, 2009Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months on end. There are so many of them just since the first of the year. You can tell its spring. Today we'll look at three news items that each provides a theme or reason (cause) as to why pedestrians get struck so much...
Iowa Auto Collision, front-seat-passenger taken off of life-support
Posted on June 07, 2009On May 26, 2009 I reported on the InjuryBoard a multi-car collision involving Langstaff and Andrew Brock in which two people died. Today we received word from an interested party, another passenger died. It's been reported the front seat passenger in the Brock truck was at 5:30 a...
Carradine Death: Grasshopper: Nothing is softer than water; yet water can wear down the hardest rock.
Posted on June 06, 2009In the 1970's I watched Kung Fu and with each show was reintroduced to a quality of a good life that my mother had instilled in me. Today I am a lawyer and being a civil trial lawyer tests my faith in people to understand the tenets of a strong civil justice system...
Iowa's smallest rural pedestrians are at risk of being run over
Posted on June 05, 2009The day before yesterday I reported on an infant pedestrian accident. Since then more details were disclosed in the Iowa State Trooper report of this accident. Apparently the mother was at the mailbox on the opposite side of the street from where the child came and from their home...
My Waterloo, using water to commit suicide
Posted on June 04, 2009Waterloo has always been the place of nervousness, controversy, anxiousness and the balance of life ... or death. A reportedly distraught woman went into the water near the Park Avenue Bridge in Waterloo, Iowa; then went over a dam and was pulled downstream...
Last Titanic Survivor Dies, Lessons to Learn from the Marquis Cooper Tragedy
Posted on June 04, 2009The seminal event for water safety has to be the sinking of the Titanic. On April 14, 1912 the HMS Titanic struck an iceberg and sank taking with it 1,516 passengers and crew members. One of the 706 survivors was the 9-week-old infant Millvina Dean. Ms...
Pedestrian Safety News Roundup Continues ...
Posted on June 04, 2009Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months on end. There are so many of them just since the first of the year. You can tell its spring. Today we'll look at three news items that each provide a theme or reason (cause) as to why pedestrians get struck so much...
Iowa's smallest pedestrians require extra special attention and care by truck drivers
Posted on June 03, 2009<p>For the last week I've been posting on the <a href="http://www.lombardilaw.com/">Lombardi Law Firm web blog </a>about pedestrian safety. A Google Alert came across my computer screen last Wednesday that is incredibly sad and for that reason I'm going to not mention any names of those involved...
Pedestrian accidents are caused by driver's being distracted
Posted on June 03, 2009I'm going to continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my in box for months on end. There are so many of them just since the first of the year. Today we'll look at three news items that each provide a theme or reason (cause) as to why pedestrians get struck so much...
Baby boomers cap damages with made in China cheer
Posted on June 02, 2009I want to start out this blog with a song by Quynh Anh. She has a great voice but the message she sings is most appropriate for today's baby boomers. You should listen to it as you read today's blog, which is like a protest. I'll say this about the generation born after the mid 1970's, at least they have an excuse for not knowing what we stood for in the 1960's and 70's...
Dean of Law at Liberty University: Are you planning on condemning the murder of Dr. Tiller?
Posted on June 02, 2009The murder of Dr. Tiller in Kansas is raising serious questions about those who sit quietly on the sidelines not condemning the act. The anti-abortion groups must condemn this murder if they are to have any legitimacy. To do otherwise shows the lawlessness of their motives...
H1N1.....The Best is Yet to Come
Posted on June 01, 2009Summer is officially here, at least in our minds since Memorial Day is behind us. Who is worried or even thinking about the flu season that will inevitably be here this fall? Ex-Iowa flu guru, Johan Hultin is and says that one thing is certain, 'this new strain of flu is scaring the willies out of scientists'...
Iowa man falls into Mississippi, swept under barge and is killed.
Posted on June 01, 2009A man fell from a barge into the Mississippi River and died. The man was at the Blackhawk Fleet Terminal when he fell from a barge into the river. Apparently he was working on the barge, fell off into the water and was swept under another barge. The accident happened near Buffalo on the Mississippi River...
Pedestrians can't seem to find enough ways to get struck by passing motorists
Posted on June 01, 2009What are the many ways pedestrian's can be injured or killed? That question comes up more times than you can quickly think of. In this post, which is being turned into a page for our Iowa pedestrian viewers, we examine the infinite number of ways pedestrians can be seriously injured or killed...
With Tort Damages Reformed Who Wins And Who Loses?
Posted on May 30, 2009Today is the end of May 2009 and I thought it appropriate to end Tort Reform month by focusing on the winners and losers when society artificially limits tort damages with caps. It's been fun this month writing about a topic that strikes so many as emotional...
PART 10 of 10: The economics of non-economic damages. What can Bernie Madoff teach us about the tort reform campaign?
Posted on May 29, 2009This clip that follows is almost 34 minutes long and certainly too long for most people's attention. If you have an idea of what to listen for and look at it helps with watching and listening to the entire clip. May I suggest you watch Bernie Madoff and listen to the main speaker? They are very convincing, to people who like you who want to keep more money by saving money on those things you don't have time to understand...
Student Democrats at Liberty U. are okay; so long As they think like a Republican.
Posted on May 29, 2009At Liberty University it's not about Floccinaucinihilipilification, but Antidisestablishmentarianism THINK LIKE US OR DON'T THINK AT ALL You're going to ask it so I'll tell you now. Yes this is for real; the thought police are running an American institution and a law school at that! Liberty University is trying to do an about face after taking away the University endorsement of the student's Democrat Club...
Iowa's North Liberty police department sued for multiple Tasering of arrestee
Posted on May 28, 2009This case may answer the question in Iowa: Once under control would repeated Tasering of a suspect be considered an abuse of police power? The Courts define what force is legitimate police power and when the use of force becomes punishment. It is the court's that mete out punishment sanctioned by state law; whereas police enforce the laws...
PART 9 of 10: Texas is now mandating voters buy cars without brakes.
Posted on May 28, 2009The lesson today has to do with facts or the lack thereof. First let's look at shaping the emotions of tort reform minded voters and then at why tort reform is creating a greater needs for personal injury trial lawyers. THE EMOTIONS OF HATRED Where are the facts underlying that the medical profession can not afford to pay Mr...
The Thought-Police at Liberty University School of Law shut down democracy
Posted on May 28, 2009IT'S ALL ABOUT THE NEW CONSTITUTION; THE ONE THEY IMPORTED FROM COMMUNIST CHINA AND RUSSIA The 18 year old male is alleged to have phone texted his thoughts of having sex to a 12-year-old female. The article implies he was charged with solicitation of a sex act and charged with lascivious acts with a child...
Door falls striking woman in the head, causing her death
Posted on May 28, 2009Yesterday we reported on a man dying from being thrown from his truck as it rounded a curve. The way the story was written it left me with the impression he was the driver. Today we have a report of a 61-year-old woman dying from being struck by a wind-swept door...
PART 8 of 10: The economics of non-economic damages. Never trust a trial lawyer. It's okay to hate liberal trial lawyers.
Posted on May 27, 2009Now listen to the conclusions made in this film clip about communism, without any proof of the underlying premises. This is similar to the tactics tort reformists employ. It's all about emotions. The dusty attics and basements can be interchanged with courtrooms and lawsuits...
Iowa now has 73 confirmed cases of swine flu
Posted on May 27, 2009The Iowa State Department of Health confirms there are 73 confirmed cases of swine flu in Iowa. Key Messages About Swine Influenza • The CDC has confirmed cases of a unique strain of swine influenza in the U.S. and in other parts of the world...
If a truck has doors how can a driver be thrown from the vehicle while rounding a curve?
Posted on May 27, 2009This is a curious accident. It's a single vehicle accident from Crawford County, Iowa. A man was thrown from his own pickup truck as he rounded a corner. After being thrown he was pinned and died. The accident happened north of Kiron on U.S. Highway 59...
PART 7 of 10: The economics of non-economic damages. Are the emotions of fear and hate really necessary to sell economic reality?
Posted on May 26, 2009In this film we see how people in power can misuse their power and who must pander to your emotions in order to get you to buy into their version of what the truth is. To pander to emotions it's necessary to employ illogical thinking and at the same time to make you believe that thinking is a bad thing...
Iowa Diocese of Davenport adds three names to likely child sex abusers
Posted on May 26, 2009Three more priests have been named to the Diocese of Davenport's list of credible cases of child sexual abuse by a priest. Two of those are dead; the third was a brother in the Franciscan Brothers of Christ the King. According to the report the two that died are William Kerrigan and James Lawrence...
Multi-car-truck collision in rural Iowa kills two - One vehicle 3 collisions and then catches fire.
Posted on May 26, 2009Two people died while another five suffered injuries in Washington County, Iowa. This multiple car collision happened on May 23, 2009 at Highway 92 and Lexington Avenue around 2:37 P.M. The crash seems to have occurred when a 1997 Chevrolet pickup truck failed to stop at a stop sign causing a crash with a 2006 Mercury Mountaineer being driven by Samuel Langstaff of Indianola...
PART 6 of 10: The economics ... Hairspray news is full of half-truths.
Posted on May 25, 2009A young lawyer fresh out of laws school arrives for his first interview. The expectations are sky high. He believes it went well and towards the end of the interview he gently asks, 'How much is the pay?' The trial lawyer knowing this newbie lawyer has no clients, never having argued a motion or tried a lawsuit looks straight into the young man's eyes and replies, 'How about if I pay you what you're worth?' Yesterday we listened to Texas Tort Reform propaganda and it should make you wonder where before you've heard similar proclamations by people in power or from those taking the most from society...
Iowa Motorcycle News - Two dead and three in the hospital after separate motorcycle accidents
Posted on May 25, 2009A 50 and 51-year old couple died Saturday after the motorcycle they were riding on was hit head-on by a car being driven by Michelle Currier of Preston, Minnesota. Miss Preston is reported to be 38-years of age. The location of this collision was Iowa Highway 139 south of Kendallville, Iowa...
The power of the Internet moves the State of Nebraska
Posted on May 25, 2009What started out as a prank caused the State of Nebraska to nullify its pick your favorite license plate contest. The site collegehumor.com got wind that the state of Nebraska wanted Internet viewers to pick their favorite license plate design. The college pranksters encouraged everyone to vote for the most boring design; which ended up winning...
Part 5.4 of 10: Will Katrina fight for the women with bound feet?
Posted on May 22, 2009Under the CCP people like David Fitzgerald would be considered one of the "Women with bound feet." They were the aged, the young and the injured citizens who moved slowly and were thought to be a drag on Communist China's progress. They are the David Fitzgerald's of the American society...
Part 5.3 of 10: Who's running the Greedy Bastards' Club anyway?
Posted on May 22, 2009WHAT MAKES THE AMERICA GOVERNMENT DIFFERENT THAN THE CHINESE COMMUNIST PARTY? What is it about the American dream that makes us different from the rest of the world? Why should our children still dream the American dream? Is the American dream one of quality of life or is it one of insatiable greed? Because courts aren't independent of the government, officials often take a direct role in dealing with victims in high-profile incidents...
Part 5.2 of 10: The economics of non-economic damages. Is the Texas Legislature right or just being greedy?
Posted on May 22, 2009SO WHAT IS GOING ON IN AMERICA? Why is tort reform so popular? Historically in America there is no precedent for governments reducing or altogether eliminating or prohibiting pain and suffering damages from being awarded. Other countries have done this very thing, but historically not Americans...
PART 5.1 of 10: The Greedy Bastards Club and The Great NonEconomic Civil Rights Depression
Posted on May 22, 2009The past few days we've looked the economics of non-economic damages and how having or not having that portion of a lawsuit award, affects a severely injured person. Today let's look at why state politicians believe it's necessary to eliminate the only way for an injured person to establish a quality of life...
Tort Reform: "Why not?" I'll admit we need more tort reform if you agree to answer this simple question. "Why?"
Posted on May 21, 2009I keep talking about tort reform on this blog. Some people think I'm making good points and they include people associated with medicine who've read what I write and tell me they can't disagree with most of what I've said. One law firm in Atlanta liked it enough to ask for permission to reprint on their law firm's website...
PART 4 of 10: The economics of non-economic damages. Aren't non-economic damages a waste of money?
Posted on May 21, 2009WHAT ISN'T AFFORDABLE WHEN NON-ECONOMIC DAMAGES ARE REDUCED OR ELIMINATED? What is not paid or covered by this award? His wife and children who will provide much of his care are not paid. There isn't an award to go to the movies, just for fun. There isn't money for clothing or haircuts, or a massage to make him feel better or an outing to have an ice cream...
PART 3 of 10: The economics of non-economic damages. Who gets the benefit from a jury award?
Posted on May 20, 2009Yesterday I asked you to read a previous post about one David Fitzgerald. I'll assume you did it otherwise you may wish to read it now. Mr. Fitzgerald was hospitalized where he developed an infection resulting in all of his legs and arms being amputated...
The Madoff Family and Friends Chinese Wall Begins to Crumble
Posted on May 19, 2009Everyone is wondering how one person can spend $50 billion. We shouldn't have to wonder much longer. The AP reports on the trustees findings of the Madoff family spending and how there were significant credit card charges by several having nothing to do with the business of investing...
PART 2 of 10: The economics of non-economic damages. The curious case of David Fitzgerald.
Posted on May 19, 2009Here is why non-economic damages are economic. What everyone refers to as pain and suffering damages have never been for compensating losses associated with pain and suffering. When you're injured your pain and suffering isn't lost but is increased...
Oregon has limited protection for the "oops" doctor's making the biggest mistakes
Posted on May 19, 2009Oregon tweaked its medical mistake protection legislation increasing the cap and lowering the amount of damage patients have to endure without being able to hold the wrongdoer accountable. Presently the system allowed any wrongdoer (by medical mistake) that caused a the patient over $200,000 to get away free...
Bernie Maddof Broadway Musical in the works - A Play about Ponzi could be next
Posted on May 19, 2009Sorry I just couldn't help myself posting this creation from Walt Handelsman. One of his latest is "Which Works Best Against the Swine Flu? Hand wringing or hand washing?" Animation: Recession Sing-A-Long!Originally posted at InjuryBoard by Steve Lombardi
PART 1 of 10: The economics of non-economic damages.
Posted on May 18, 2009It's currently popular for political leaders to side with tort reformists in limiting non-economic damages. The name alone implies that these types of damage awards have nothing to do with the economics of living but are in fact like play money. Nothing could be further from the truth...
Hit-and-run strikes 9-year-old in Treynor, Iowa
Posted on May 18, 2009Jayden Anderson was walking along Highway 92 about 8:45 last Friday evening when he was struck by a red car with black stripes. The car was occupied by three or four people who've not been identified. So who is this Iowa hit-n-run driver? Nine-year-old Jayden Anderson was struck by a vehicle while walking along Highway 92 in Treynor at about 8:45 Friday evening...
How long does it take to settle an Iowa workers' compensation case?
Posted on May 17, 2009It takes as long as it takes. It should take long enough to do it right. Okay, so what is it in months? Well, probably about 18 months on average; or a little longer. Why, you ask? Well because the hold up is your medical condition and the treatment it takes to get you to a point of maximum medical improvement...
I-80 Iowa Interstate rear-end crash victims identified
Posted on May 17, 2009We had earlier reported on an I-80 multi-vehicle collision. A semi-truck driver ran into the rear of one vehicle pushing it into others. It's reported that several people died in the crash. The Iowa State Patrol has now identified the dead as a 39-year-old woman 61-year-old man...
Another Iowa ATV rollover and death of the driver
Posted on May 16, 2009Another ATV accident and death is being reported to have occurred in northeast Iowa. A man from northeast Iowa died Sunday while driving a Polaris ATV 6x6 vehicle. Report is he was on a hillside and rolled it. He died at the scene. He is James Leas, 59 or rural Waukon...
Car versus Train; Which will win in a crash?
Posted on May 15, 2009Josh Miller is somewhat of a lucky man; not wearing his seat belt and failing to yield to an oncoming train. Guess who won that collision. Yeah, it's an easy one to figure out. Donald Ahlhelm, the train operator was probably pretty surprised at the time the 2005 Nissan Titan pulled across the tracks and in front of the train...
Children Are Not Disposable Possessions
Posted on May 15, 2009Parenting is hard work. Doing hard time in prison or jail is not the way to raise children. The Des Moines Register reported a 3-year-old child is safe in the custody of DHS child protective workers after the camper he was found in was searched and the supervising adults were arrested on various drug charges...
Nebraska Babies Left Home Alone Overnight; Parents face abuse charges
Posted on May 15, 2009Recently we've read disturbing news alerts, here are a few reports that alarm us. We report on stories like this hoping others will read and learn the lessons having to do with child safety. Keep in mind these are the news reports and news is not always the way things turn out nor are news stories always true; meaning the facts may be different than what is reported...
Sex, sex, sex, sex, sex, sex, sex, sex, what the Molly are you talking about?
Posted on May 15, 2009Let me start with a question: How can any adult be experienced enough to legally kill a person but too immature to know who they should have a sexual relationship? After writing mega Sex No-No Number One I got more interested in knowing what other states have done when an 18-year-old student, an adult, has sex with another adult that is his/her teacher...
Dump truck wins in Iowa crash; Bremer County collision sends drivers to the hospital
Posted on May 14, 2009An accident between a car and dump truck on Highway 63 in Bremer Count, Iowa sent the drivers of the two vehicles to Iowa hospitals. The dump truck driver is Loyd Kildow of Hillsboro and he was taken to Allen Memorial Hospital in Waterloo. The other driver, Jeffrey Riley of Denver, Iowa was airlifted to Covenant Medical Center in Waterloo...
Mess in eastern Iowa on I-80 from pileup closes interstate for hours; was texting involved?
Posted on May 13, 2009Names of those killed are not being disclosed until relatives are notified. What we know is the driver of a semi-truck on I-80 in Scott County, Iowa drove into a construction zone and rear ended a series of cars stopped in the construction zone. The 2009 Kenworth Semi-truck was driven by 34 year-old Anthony Johnson of Arlington, Texas...
Tort Reform is leading to more, not fewer personal injury lawsuits
Posted on May 13, 2009Here is tort reform logic applied to obesity. FIRST, THE PROBLEM AND ONE ROOT CAUSE - Guilt-minded parents handing out participation trophies leads to fat lazy kids with bad character and an expectation of entitlement, just for showing up. Obesity is all around us...
Des Monies bicycle accident at Grays Lake demonstrates a poing on safety and driver lookout
Posted on May 13, 2009A bicyclist was struck and injured while entering Fleur Drive in Des Moines. The vehicle was turning and struck the 47 year-old male rider while in a cross walk. Vehicles have a duty to stop for people in a marked crosswalk. We've blogged about bicycle and pedestrian safety, especially is it relates to Des Monies, Iowa; within the last two years we've had several pedestrian-bus, car-pedestrian and a pedestrian-garbarge truck backing accident in the city...
Another wrong-site or wrong-side surgery in Rhode Island
Posted on May 13, 2009Placing the surgeon and surgical staff on administrative leave pending the results of an investigation Hasbro Children's Hospital in Providence, Rhode Island is reporting a wrong-site or wrong-side surgery during oral surgery. It makes me wonder if these types of mistakes, as common as they are, have to do with tort reforms being added to the hurdles patients must straddle to successfully litigate for a favorable verdict...
Because there are too many cancer cases, tort reform logic would have us killing all the physicians
Posted on May 12, 2009I'm sick of cancer! I mean it, cancer is killing America. People with cancer are taking every opportunity to visit with a doctor and then asking for treatment. Treatment is way too expensive and society can't afford any more cancer treatment. So I'm proposing Cancer Reform...
If cheerleading is so safe why have so many cheerleaders died?
Posted on May 11, 2009The National Cheer Safety Foundation has released "Rehearsed Catastrophic Injury Emergency Plan For Competitive Cheerleading." Every cheerleader and their parents should watch the video, be familiar with the message and find out if your team coach and school administrators know how to make your team be prepared...
Another Des Moines Pedestrian Accident; this one at Court and Second Avenues
Posted on May 11, 2009Another pedestrian was struck by a car and injured in Des Moines. This car-pedestrian collision occurred at the intersection of Second Avenue and Court Avenue at 4:30 p.m. on Monday, May 11, 2009. The driver apparently didn't see the woman. The woman was struck then hit her head on the street...
Sex, sex, sex, sex, sex, sex, sex, sex, sex, sex, sex - Look and see; is the world ending?
Posted on May 10, 2009Should everything that is 'wrong' be a crime? Society decides what is right and what is wrong. Society has now decided that consensual sex between adults is wrong. A 28-year-old woman and an 18-year-old man had sex and now she is a sex offender...
ISU research and H1N1, Are pigs luckier than are humans?
Posted on May 09, 2009ISU research shows, H1N1 Virus Vaccine could have been readily available within 2 months of first case Traditional methods can make a human vaccine in 5 to six months and for swine, 11 to 12 months. Aphavax, a North Carolina company developed a technique for more quickly developing vaccines for humans...
The prettiest thing you can wear to prom is a seat belt.
Posted on May 09, 2009Personal injury isn't pretty. In fact some of what we see as P.I. lawyers makes us sick. Some makes go home at night when our children are little and sit on their beds just looking at them and hoping there will never be a day when they make some dreadful mistake or get caught up in something that leads to a tragedy...
Teacher left paralyzed after surgery, blames spinal stenosis?
Posted on May 09, 2009A ninth-grade teacher from Lincoln High School in Des Moines, Iowa is reported to have a condition called spinal stenosis. It is reported that went into surgery to correct the problem and came out paralyzed. The question today is whether this condition in Jeff Mullin could have caused his paralysis? Answer: Not likely...
Tort Reform Protocol: Oops! Sorry! The Apology, a new Gold Standard of Practice.
Posted on May 08, 2009The claim is made that lawyers and lawsuits are to blame for the rising health care costs. The promise tort reformers make is to trust the bold and unproven assumption that costs of medical care will go down if you get rid of the law suits for malpractice...
Waterloo, Iowa fall into water tower, worker not yet identified
Posted on May 08, 2009We have previously reported on a maintenance worker falling from a water tower into the tower itself. Today we report on another incident in Waterloo, Iowa where the same thing occurred. This time it took an hour to rescue the man. The maintenance worker was sandblasting the inside of the water tower...
MIDWEST Tort Reform News Roundup: Without p.i. law and lawyers you'd be screwed.
Posted on May 07, 2009Do you believe the famous Shakespeare line often times misquoted as: The first thing we do, let's kill all the lawyers... That is what tort reformers hope you think every time you read about another lawsuit. That's why they put so much money into maligning the McDonald's burn case...
Texas Tort Reform Math: Your life + my mistake = your problem.
Posted on May 07, 2009I was thinking maybe I should leave the Great State of Texas alone for awhile and allow them time to learn from their mistakes. But I can't do that. I take the lawyering job too seriously to just let it go. It seems wrong for professionals that make hundreds of thousands of dollars of income each and every year to ask patients who earn minimum wage to take financial responsibility for their professional mistakes...
Iowa worker Trinidad, dies after fall and OSHA-IOSH fines employer $375,000
Posted on May 07, 2009The Register reports the Clear Lake company we posted on previously for the death of a worker, Simon Trinidad, a 35 year-old when he fell into a metal hopper, was fined by IOSH in the amount of $375,000. Apparently this is the second time this company has been fined for a similar violation...
Iowa Lottery: Is it being run as a criminal enterprise?
Posted on May 06, 2009The Quad City Times published an editorial on Friday, April 24, 2009 that raises the question about whether Iowa lottery officials should be fired for not anticipating, investigating and then addressing the fraud that is rampant in the system. Anyone playing the lottery needs to read the Ombudsman's report investigating the Iowa lottery system and how a few very lucky people seem to be beating the odds of winning...
Do Texas malpractice caps work or is this just more hocus pockus?
Posted on May 06, 2009After six years of limiting the quality of life damages in Texas for the most severely injured patients Texas is finding out that promises of lower health care costs is just another broken promise by politicians. In 2003 Texas amended its Constitution to allow the legislature to limit the recovery of patients and clients of medical service providers...
Keota man dies after succoming to severe injuries
Posted on May 06, 2009Keota man dies after suffering severe injuries in a two-car crash in Washington County, Iowa. The two male drivers were Ryan Detwieler and Jared Gent of Wellman. Detweiler died at the University of Iowa Hospitals in Iowa City. http://www.youtube.com/watch?v=eBbc5he19CE Originally posted at InjuryBoard by Steve Lombardi
Is your lottery fair?
Posted on May 05, 2009There are problems with the Iowa lottery and the retailers are at center stage. Here is how the Iowa lottery is sold. WHAT CAME FIRST THE CHICKEN OR THE CRIMINAL ENTERPRISE? http://www.youtube.com/watch?v=mLXZe5wjvgQ WHAT IS REALITY? How can so few people be so lucky? To understand what is going on take a look at this MSNBC investigation video involving the California lottery...
"I won't need a lawyer, because I'll be honest with the adjuster and they will with me."
Posted on May 05, 2009After a car accident, for the most part many people start off thinking that being fair and honest will carry the day. Most people's definition of fairness and honesty has to do with talking long and telling it all and then the insurance benefit engine will start up and the claim will miraculously get settled...
Ten year old Mason City child killed while crossing a highway
Posted on May 05, 2009A Mason City, Iowa child was killed while crossing Highway 122 between S. Georgia and S. Jersey. A group of children ran across the street in front of the car being driven by Kyle Leedom (18) when one child stopped and the car struck him. The child was taken to Mercy Hospital in Mason City, where he was pronounced dead...
Living on the edge of reason in America; Gay Marriage in Iowa and the Swine Flu
Posted on May 04, 2009Growing up a New Englander I attended college in Iowa and then decided to remain because people here still had common sense and were honest. I'm starting to wonder if it's not time to move back east. The Iowa Supreme Court found Iowa must provide applications to marry to gay couples...
"Let's start at the end because you can't tell a story unless you know where it's going."
Posted on May 04, 2009My news alerts picked up this question and answer in SaddleBag World about the debate on whether helmets for motorcycle riders should be mandatory. This is tort reform we could really use. I'll say right now with so many other issues that need discussing I'm hoping not to have to go through this summer discussing this issue ad nauseum...
Helmets don't always help to avoid brain damage or death of the rider
Posted on May 04, 2009On April 14th 2009 William Lee Kilmer of Des Moines was traveling west on Aurora Avenue when he lost control of his motorcycle hit a curb and crashed head first into a tree. Mr. Kilmer was not wearing a helmet which some believe could have saved his life...
Hit-And-Run accident near Treynor, Iowa puts boy in the hospital
Posted on May 03, 2009Hit-And-Run accident near Treynor, Iowa puts boy in the hospital Police seek the identity of the driver of a red sports car with a black strip in and around Pottawatamie County, Iowa. The driver struck a young boy who was crossing Highway 92 at an elementary school...
What you need to know about Swine Flu or H1N1:...or why you don't need to be afraid of "this little piggy"
Posted on May 02, 2009What you need to know about Swine Flu or H1N1: …..or why you don't need to be afraid of 'this little piggy' Swine Flu symptoms are the same as any typical flu, fever, body aches, headache, coughing, sneezing, and less often stomach upset and diarrhea...
Little Bondurant, Iowa leading the way in wasteful government spending
Posted on May 02, 2009No one needs to be told the United States is in recession/depression and a budgetary crisis for over spending. No one should need to be reminded of these facts. That is of course unless you're officially from the City of Bondurant. Welcome to the City of Bondurant the most greedy and un-American town in Iowa...
Woman losses arm in crash on I-80 in Iowa
Posted on May 02, 2009With her husband driving a crash occurred with her side of the SUV, causing her to lose her arm. She is 36 years old. The collision occurred with the rear of the slow moving semi truck. The woman was Cari Segebart and the collision occurred on I-80 east of Council Bluffs, Iowa on Tuesday...
When I hear, "It would never happen to me." I think, confidence kills and it will kill you just like it did my father.
Posted on May 01, 2009FRIVOLOUS DECISIONS RELY ON FACTS THAT RARELY EXIST. CRITICAL FACTS SHOULD NEVER BE ASSUMED WITHOUT DEFINITE PROOF I saw this statement in an advertisement: 'It would never happen to me.' The quote was by a young girl. Reading it got me thinking about several aspects of tort reform...
What is it like to be in prison? Part 6, Pelican Bay State Prison
Posted on April 30, 2009Today I'm pondering what life would be like while in prison. The who, what, where, when and how of a prisoner's life behind bars. LIFE INSIDE PRISON - PART 1 - Growing old in prison has it's own challenges, but being old when you go in and knowing you'll probably die inside is itself a difficult adjustment...
What is it like to be in prison? Part 5, America's Meanest Prisons
Posted on April 30, 2009Today I'm pondering what life would be like while in prison. The who, what, where, when and how of a prisoner's life behind bars. AMERICA'S HARDEST PRISONS - Although not likely to ever be sent to a really mean prison, prison nonetheless is a new harsh reality that never get's better; you can only hope it doesn't get worse...
What is it like to be in prison? Part 4, "Ya know what I'm sayen?"
Posted on April 30, 2009Today I'm pondering what life would be like while in prison. The who, what, where, when and how of a prisoner's life behind bars. Bernie will need to learn a new language and it won't be that of complicated investment strategy. THE TALK OF PRISONERS- INSIDE THE WALLS OF SAN QUENTIN Bernie's Homies, his home boyz...
What is it like to be in prison? Part 3, A Day In The Life Of
Posted on April 30, 2009Today I'm pondering what life would be like while in prison. The who, what, where, when and how of a prisoner's life behind bars. A DAY BEHIND BARS - It's about boredom and edginess, you know what I mean. http://www.youtube.com/watch?v=n6RQs99NLPE Originally posted at InjuryBoard by Steve Lombardi
What is it like to be in prison? Part 2, The End Game for Securities Fraud
Posted on April 30, 2009Today I'm pondering what life would be like while in prison. The who, what, where, when and how of a prisoner's life behind bars. PRISON SKINHEADS - I doubt Madoff will run into this guy or anyone like him but you never know. http://www.youtube...
Prisoners Having Access To The Internet In Prison? Are We Serious? Yes, It Saves Taxpayer Dollars
Posted on April 30, 2009PRISON EMAIL What Trulincs shows is that when people commit crimes and are thrown into prison the unofficial policy of the U.S. government is upon to release for the extended family to pick up the pieces of the inmate's life. Trulincs is the anachronism for the prison email system...
What is it like to be in prison? Part 1, 401K Insurance, Charge Madoff in State Court
Posted on April 30, 2009MSNBC LOCKUP - What Jail is like? http://www.youtube.com/watch?v=dXb_5vjF-zw MSNBC show Lockup showing what the Utah State Jail goes through from day to day. Originally posted at InjuryBoard by Steve Lombardi
Media On Trial: RIP, IS BOB WOODWARD DEAD?
Posted on April 30, 2009Bob, who cares who deep-throat was? Was, was , was! How about is, is, is? Mr. Woodward, stop with promoting the book deals! How about you spend some time promoting journalism? Young journalists, what seems more important than Bob's current book deal is who deep throat is today and tomorrow and what they are hiding? Calling all of you young journalists to look at what Jane Akre and Steve Wilson did...
What is it like to be in prison? Part 7, "I don't want to die in prison."
Posted on April 30, 2009Today I'm pondering what life would be like while in prison. The who, what, where, when and how of a prisoner's life behind bars. LIFE INSIDE PRISON - PART 2 - As intelligent, industrous and successful professionals we strive to make the end as comfortable as possible...
Can you get run over by your own car or truck?
Posted on April 30, 2009Run over by her own truck alcohol is thought to have had contributed in some way. The incident occurred in Omaha, Nebraska at the HyVee supermarket parking lot at 51st and Center Street around 1:30 A.M. A man saw it occur and telephoned the police. Emergency surgery apparently was not enough to save her...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 10
Posted on April 29, 2009Today we continue to analyze and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. The questions I have about media coverage begins with why weren't the doubts about Madoff's investment scheme aired in the news until after he admitted his investment group was nothing more than a Ponzi scheme? It isn't as if there weren't people and evidence to support a news story...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 9
Posted on April 29, 2009Today we continue to analyse and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. The questions I have about media coverage begins with why weren't the doubts about Madoff's investment scheme aired in the news until after he admitted his investment group was nothing more than a Ponzi scheme? It isn't as if there weren't people and evidence to support a news story...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 8
Posted on April 29, 2009Today we continue to analyse and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. The questions I have about media coverage begins with why weren't the doubts about Madoff's investment scheme aired in the news until after he admitted his investment group was nothing more than a Ponzi scheme? It isn't as if there weren't people and evidence to support a news story...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 7
Posted on April 29, 2009Today we continue to analyse and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. The questions I have about media coverage begins with why weren't the doubts about Madoff's investment scheme aired in the news until after he admitted his investment group was nothing more than a Ponzi scheme? It isn't as if there weren't people and evidence to support a news story...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 6
Posted on April 29, 2009Today we continue to analyse and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. The questions I have about media coverage begins with why weren't the doubts about Madoff's investment scheme aired in the news until after he admitted his investment group was nothing more than a Ponzi scheme? It isn't as if there weren't people and evidence to support a news story...
Nebraska wrester dies in accident on road from meet in Iowa
Posted on April 29, 2009A wrestler who died in a van crash while in Iowa has suit filed by his mother. The student was a wrestler for York College and was in a van with ten wrestlers from a Nebraska college. He was from Kansas and was not wearing his seat belt. The wrester is Brock Pigorsch from Herington, Kansas...
Pacemaker cut from chest with pocketknife
Posted on April 29, 2009Some stories need a further explanation and without additional facts a story can lack perspective. This is one of those stories. Attempted murder charges filed against son who attempted to cut a pacemaker from his father's chest using a pocketknife...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 5
Posted on April 28, 2009Today we continue to analyse and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. January 14, 2009 - Bernard Madoff Free: in the belly of the paparazzi - Media wait for a decision by Federal Court in Manhattan on the appeal of the Magistrate Judge ruling to continue bail for Bernard Madoff, which was affirmed...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 4
Posted on April 28, 2009Today we continue to analyse and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. These are some excerpts featuring Madoff, recently implicated in a $50 billion Ponzi scheme...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 3
Posted on April 28, 2009Today we continue to analyse and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. Early 2007 - Inside Look: Madoff Charged with Securities Fraud – Since early 2007 - A "Giant Ponzi Scheme" - Interview with Aksia CEO Jim Vos: Advised Clients Not to Invest with Madoff http://www...
Media On Trial: Did the Media Fail us with reporting Madoff? Part 2
Posted on April 28, 2009Today we continue to analyse and ask why the media missed this softball and how over a ten year period there were no questions being asked in the print and electronic media. SEC staff at Fenway Park "WOULD NOT BE ABLE TO FIND 1ST BASE" Markopolos If you sat the SEC officials in Fenway Park for an afternoon they would not be able to find first base...
The Media On Trial: Did the Media Fail us with reporting Madoff? Part 1
Posted on April 28, 2009Media Malpractice Where was the media during the near decade that Madoff was scamming $50 Billion? Why weren't any questions being raised in the print and electronic media for the ten years Madoff was running his Ponzi scheme? Could it be that no one knew about Madoff? Is this scheme, like the subprime scam just something that no one knew was occurring? Was this scheme, like the Y2K scam just too far above the average journalist's intelligence? Or has the media in general become complacent, after book deals and jobs where hairspray is deemed more worthy of their time than exposing the truth? Today and tomorrow we will examine the media clips on YouTube that covered the Madoff breaking news...
Following the prison career of Bernie Lawrence Madoff, Prisoner No. 61727-054
Posted on April 28, 2009From time-to-time many people may wonder where Bernie Madoff is. Well Bernard Lawrence Madoff, otherwise known as number 61727-054 a 70 year-old white male is currently residing at the Metropolitan Correctional Center (MCC) in New York City. The MCC is an administrative facility housing male and female pre-trial and holdover inmates...
Cyberspace safe-crackers needed; no hacksaw necessary, just a mafia nickname,
Posted on April 27, 2009Today's lesson is how to profit from your past criminal activity. Coming from an Italian this should come as no great surprise. Like Capone, and others we Italians strive to create enterprise where none previously existed. Who says crime doesn't pay? In this case it does pay along with health, dental, disability, life and a 401K plan...
Update about deadly Iowa ATV accident and the heroics of an 11-year-old girl.
Posted on April 27, 2009There is a very interesting update in the World-Herald by staff writer Katie Fretland, about the Des Moines Register article I blogged about a few days ago concerning the ATV accident that caused the death of an 11-year-old girl, Courtney Leming. Morgan McFarland was not the driver, was knocked unconscious and when she came too she realized Courtney was seriously injured...
Clear Lake company issued a fine for the death of a worker who fell into an open hopper
Posted on April 26, 2009Clear Lake company issued a fine for the death of a worker who fell into an open hopper IOSH, or OSHA as it's most commonly called fined a Clear Lake company $357,000 for an accident that killed an employee. The Des Moines Register article indicates this is the second time an open hopper unprotected by guardrails has been the issue of a citation...
Iowa pedestrian struck and killed by moving train in Tama
Posted on April 25, 2009An Iowa woman killed by a train has been identified as Kristi Brown of Tama, Iowa. She was struck and killed by a Union Pacific train late Wednesday near a crossing. The train was heading to Illinois from Wyoming with coal. There were 136 cars on the train...
Combination trucks lead to increased fatalities in auto accidents
Posted on April 25, 2009In 2007, there were 37, 248 fatal automobile accidents in the U.S; of those, large trucks were responsible for eight percent of the reported fatalities (74 percent of the 4584 large trucks involved were combination trucks, 21.5 percent of which rolled over in the accident)...
Is the Iowa Lottery being corrupted by retailers involved with inside trading and the outright deception of its customers?
Posted on April 24, 2009The Iowa Ombudsman released an investigative report of the Iowa Lottery. The reports should shock every Iowan. The shock won't be because of questionable behavior and practices by the retailers that sell the tickets, no that should be expected. But because no one in the government or the Attorney General's Office seems to care or have anticipated it could happen...
ATV Accidents in Iowa Kill Two, one of which is a young girl
Posted on April 24, 2009Iowa and ATVs have been in the news. Recently ATV's were recalled. The Iowa Attorney General got involved with the manufacturers of ATV's obtaining from them restrictions on how they were being sold. Safety and the number of child deaths was the issue...
MLB Advertising Revenues: Is the revenue stream more important than the truth to the minors?
Posted on April 23, 2009It's a problem for the MLB, the MiLB and they have exported it to high schools. A Mason City, Iowa father was arrested for supplying his son steroids. The father and mother are divorced and child visitation was being exercised. The AP reports the son was given the drugs when he was on a visitation weekend...
FINANCIAL MISCONDUCT, is a major league problem.
Posted on April 22, 2009Here is a quote from one of my blogs written in August 2008. 'Let's all give Johnnie a round of applause for just showing up today. Even though he didn't practice as he should have, didn't practice with the team or on his own, didn't work hard, didn't learn to juggle the ball, was late for games, forgot his jersey, didn't bring his water bottle and had a poor team attitude; I his parent, want him (me) to feel good about himself (myself) so we've (I) have arranged to have this participation (loser) trophy all shiny and nice, made with his name on it, the year (he acted like a loser) and the team (that accepted and trophied) his (loser) participation...
Trial Law: Some questions never get answered.
Posted on April 22, 2009Joe Mccloud was southbound on 180th St. in Appanoose County when he lost control of his vehicle striking a tree in the West ditch. All though Mr. Mccloud was wearing his seatbelt he died from the injuries sustained in the crash. So what happened to allow his Chevrolet Tracker to lose control? Questions we lawyers ask all the time...
FINANCIAL MISCONDUCT: Is the answer to frivolous Wall Street bonuses, The Participation Trophy Syndrome
Posted on April 21, 2009The Participation Trophy Syndrome Wall Street executives who take frivolous bonuses have to have learned some where in life that their showing up is somehow all they have to do. Bernard Madoff had to have learned somewhere in his lifetime that he was entitled just because he showed up for the investment game...
Worker Safety: Power saw kick back cuts workers throat causing his demise.
Posted on April 21, 2009In a freak accident WEAU 13 News reports on a terrible accident involving a trench worker. In this incident being investigated by OSHA, 33-year-old Eugene Hakes, Jr., of Cadott was working for A-1 Excavating on a job site using a saw, it kicked back cutting his throat and causing his death...
FINANCIAL MISCONDUCT: Y2K, a bigger fraud than Madoff ever thought to be.
Posted on April 20, 2009How smart are you? Smart enough to make politicians and Wall Street along with the AMA and other professional organizations prove a crisis exists? Well let's see how smart you really are. Remember Y2K? Do you recall the fear of the Internet collapsing and you losing all of your data? Did you run out and buy a new computer along with new software? Did you only then feel safe? They, meaning Wall Street, the White House, Congress and Silicon Valley were laughing at you the entire time...
NEGLIGENCE: Assumptions about the most obvious fact can kill your case.
Posted on April 20, 2009WARNING: What's staring you in the face may not be the negligent act. In this Iowa accident a toddler-passenger in a car the mother was driving was killed as the car was t-boned by another vehicle. Now before you get upset with the other driver know the driver of the car in which the toddler was a passenger was its 19-year-old mother and the report is that she failed to stop and yield the right of way...
Political Malpractice, A novel idea
Posted on April 17, 2009Here is a blog post about being able to sue politicians for malpractice in the same manner as are other professions. I've got an idea of how it could be done, but I'd better develop it first. That said posting this idea couldn't wait. Political Ads – The Top Ten http://www...
Workers' Compensation: Injuries up and payouts down - hmm, something doesn't sound right.
Posted on April 17, 2009Middle of the night and I'm wide-awake – go figure. I was just surfing the internet when, at random, an article popped up that grabbed my interest. 'Construction Up, Injuries Up but Workers' Comp Payouts Down' couldn't have appeared at a more fitting time, especially considering I just posted an introductory article to this topic on Thursday...
Construction Injuries: Let the process begin
Posted on April 16, 2009It's somewhat ironic how the economy is crumbling around us and buildings continue to go up (each one higher than the next, it seems). It's true – the construction industry has exploded and, though it has experienced some cuts in result of economic woes, it's currently one of the top job providers in the U...
FINANCIAL MISCONDUCT: Who are the key players in securitization?
Posted on April 16, 2009To accomplish securitization it requires several key professionals. As we learned yesterday initially there is a lender and a borrower. Today we identify the professional players in the investment selling and buying of the cash flow from all those loans...
NEGLIGENCE: Snow and ice can't cause a car accident, only drivers can.
Posted on April 16, 2009The headline reads: Ice and snow blamed for fatal accident. Published February 15, 2009 11:34 pm This is one of those little things that will drive a lawyer to distraction. The precision of the English language being what it is and isn't when there is a logical inconsistency I tend to perseverate about better word choices...
FINANCIAL MISCONDUCT: What is securitization or loan magic?
Posted on April 15, 2009In very simple terms securitization is the conversion of loans to 'stocks' that can be sold on the stock market as an investment. To explain securitization let's start with the originator. If you've taken out a home mortgage you've probably paid an originator fee...
Iowa Workers Compensation: Single car accidents where the working driver is killed
Posted on April 15, 2009Normally we think in terms of car accidents being about liability against another driver. But when a driver falls asleep at the wheel or for whatever reason loses control of a company owned vehicle or even their own vehicle in some instances; crashes, rolls and dies, the dependents may still be entitled to receive Iowa workers' compensation benefits...
Driver Safety: Failing to yield the ROW, kills one driver and injures anothers on I-35 southbound, Ames, Iowa
Posted on April 14, 2009Garrett Chitty, 17, tried entering I-35 southbound where little room existed, stuck another truck being driven by Lewis Thomas of Cleveland, Ohio. Thomas' truck moved over to the left striking another truck driven by Gary Parsons, 51 or Deposit, N.Y. Unfortunately for Parsons his truck turned on its side onto the guardrail and he was killed...
FINANCIAL MISCONDUCT: What are mortgage-backed securities?
Posted on April 14, 2009FINANCIAL WRONGDOING: What is a mortgage backed security? Mortgage-backed securities are a particular kind of Collateralized Debt Obligations (CDO), that we reviewed yesterday. http://www.youtube.com/watch?v=XjoJ9UF2hqg Yesterday we covered CDO's and learned these investments used three levels of investors that each received a different level of risk and reward...
Driving Safety: A Critical Margin of Safety
Posted on April 14, 2009On March 30, 2009 at 1:30 38 year old Jeffery Hamman of Sioux City hit a semi (drove his pickup truck right into the rear) that was pulled over on the shoulder for a mechanical problem. The semi was driven by 62 year-old Carlos Yon of Miramar Florida...
FINANCIAL MISCONDUCT: What are collateralized debt obligations?
Posted on April 13, 2009Collateralized Debt Obligation (CDO) http://www.youtube.com/watch?v=XjoJ9UF2hqg CDO's are a way of turning mortgage debt into investments that can be bought and sold on the open market. Investing in CDO's involves calculating, using mathematical formulas, the risk involved in the debt going sour or the investment paying off a return on the money invested...
Medical Malpractice: What's the Price?
Posted on April 13, 2009In 2007, a medical malpractice lawsuit was resolved. The plaintiff? A woman who suffered a crippling brain seizure that left her incapable of returned to work. The defendant? The medical school (and surgeon) at which her surgery was performed .baby boy suffered multiple seizures after signs of an infected circumcision...
Pedestrian Safety: Hit-and-Run Roadside Walker's Killer Still at Large in Iowa or Wisconsin or Minnesota
Posted on April 13, 2009I wonder if your conscience is bothering you. Do you have trouble sleeping at night? Do you continue to have a memory of the sound when your car or truck struck the man walking on the roadside in Iowa? Does that sound come back and haunt you? Aren't you eating as well? What no appetite? Yeah a guilty conscience can do that to you...
Continuing with police brutality, raising good kids and white collar criminals
Posted on April 12, 2009Yesterday we discussed a Q&A from a justifiably angry parent whose son appears to have been arrested without the need to do so. Today we continue on with the dangers of death in police work. In the news in Des Moines is a similar case that may result in a civil claim being filed for excessive force during an arrest...
Investigating the rollover accident in Johnson County, Iowa.
Posted on April 12, 2009On March 14th 2009 Lisa Marie Adams (17), Joseph Daniel Widmer (18), and Brendt Michael Fetzer were headed Westbound on 340th and lost control entering the South ditch and rolled. Lisa Marie Adams died from the resulting injuries, while Joseph was taken by Aircare to the hospital...
Des Moines Police Officers accused of brutality
Posted on April 11, 2009From time to time I get asked for legal advice that has a broader audience and this is one of those Q&A's. This is about police brutality, or excessive force, assault and battery, finding the right lawyer, lawsuit economics, the dangers of law enforcement and general human nature...
Medical Malpractice: Who's Responsible? And Who SHOULD Be?
Posted on April 11, 2009As mentioned yesterday, medical malpractice is a serious issue. It happens, folks – more frequently than we like to admit. http://www.clipsyndicate.com/publish/video/840896 It happens across the globe, in a variety of medical fields, and can cause a more damaging/serious condition than that which was initially wrong...
FINANCIAL MISCONDUCT: What is a Ponzi scheme and how did Madoff get away with it for so long?
Posted on April 10, 2009What is a Ponzi Scheme? A Ponzi scheme is a form of a pyramid scheme. In a Ponzi scheme the instigator interacts with the investors. The ruse is carried out by creating the false impression that the money is actually invested and making a profit. The key to a Ponzi scheme is to get the initial investors to reinvest what they are paid, thereby reducing or eliminating the need to actually show a return on investments...
Negligence can be attempting to pass at the cress of a hill.
Posted on April 10, 2009A head on collision Monday April 6th led to the death of Patricia Ann Davis and Howard Jay Davis. Patricia was heading Westbound on 270th when she collided head on with a vehicle driven by Jonathan Jay Chumbley at the crest of the hill. This is why you don't attempt to pass on a two-lane highway as you're approaching the cress of a hill...
The Absolute Value of Non-Economic Damages Equates to a Person's Moral Compass Setting
Posted on April 09, 2009ALL LIFE HAS SOME VALUE: The Time Value of Money relates to societies moral compass setting. Right after 9/11 I was scheduled to trek to Mt. Everest Base Camp from Katmandu. I'm in Nepal and a man says to me, "You Americans have everything and yet you have nothing...
Wear your seatbelt, rolling an SUV
Posted on April 09, 2009On March 14th 2009 Lisa Marie Adams (17), Joseph Daniel Widmer (18), and Brendt Michael Fetzer were headed Westbound on 340th and lost control entering the South ditch and rolled. Lisa Marie Adams died from the resulting injuries, while Joseph was taken by Aircare to the hospital...
Medical Malpractice: Call it what you will...
Posted on April 09, 2009Yesterday's article proved slightly controversial (to say the least); I introduced the controversial topic of medical malpractice and presented several statistics (linked to their source) concerning the touchy subject. The issue of medical malpractice may infuriate some, but the fact that it occurs exists...
Illinois motorcycle helmets remains voluntary
Posted on April 08, 2009The Illinois Senate has rejected a mandatory helmet plan for those riding on a motorcycle. This is one of the more frivolous legislative efforts by the State of Illinois Legislature. The research on traumatic brain injury (head injury and TBI) proves just how foolish it is to allow those riding motorcycles to do so without a helmet...
FINANCIAL MISCONDUCT: Credit Default Swaps 2 - Financial weapons of mass destruction.
Posted on April 08, 2009Developing your understanding of credit markets and financial weapons of mass destruction. http://www.youtube.com/watch?v=neAFEvNsiqw Yesterday we posted part one of credit default swaps. Today we talk about why they were described by Warren Buffet as financial weapons of mass destruction...
Recognizing the symptoms or a lethal dose of alcohol
Posted on April 08, 2009How do you recognize the symptoms of alcohol LD? Symptoms of alcohol poisoning start with nausea and progress to vomiting. The person will then pass out, be difficult or impossible to awaken, not be responsive to painful stimuli (such as pinching), have slow shallow breathing and the reflexes are absent...
Medical Malpractice: yearly tolls and averages
Posted on April 07, 2009One – I've only ever had one surgery (knock on wood) and it was a minor surgery, at that. I've been pretty darn lucky thus far; however, the fact that I've only had one operation doesn't mean I haven't been exposed to risks for a serious medical mishap...
FINANCIAL MISCONDUCT: What are credit default swaps?
Posted on April 07, 2009Credit default swaps are a way of insuring credit instruments (loans) that make it easier for the lenders to sell the loans to investors. As the name implies the insurance is to protect the investor who buys the loans in the event of a default. The investor or investment banker give a part of what they expect to make in profit to insure the loan investment...
Iowa Workers' Compensation: Death benefits and negligence
Posted on April 07, 2009Matthew Buckner was driving his van northbound on 315th St. when he lost control of the van he was driving approximately 100 yards north of the Highway 34 intersection. He entered the east ditch and rolled several times before coming to rest on its side trapping Mr...
Another drunk driver, another death, long sentence and suicide attempt
Posted on April 07, 2009Yesterday we discussed a drunken driving case where someone was killed and it led to the offending driver probably being deported. Today we see how the drunk driver may be affected. Driving while drunk can kill others and can lead to a long prison sentence...
Worker Safety: Polk County, Iowa Hallett Materials worker dies, electrical fire
Posted on April 07, 2009Polk County, Des Moines, Iowa A 35-year old man died as a result of either an electrical fire or from electrocution at the Hallett Materials site northwest of Des Moines today. The worker leaves behind a wife and three young children. Bainum leaves behind a wife, April, and three children, son, Tristan, 12, and daughters Holly, 6, and Lacy, 3...
Hawaii Five-O Medical Dream Team Invitations being stacked in the mail box
Posted on April 06, 2009Friday, we sent out invitation number 6 to the next Texas Medical Dream Team member. Because Hawaii wants to consider tort reform that passes the cost of medical mistakes on to the patients we thought it wise to begin including the residents of Hawaii with these posts...
Recovering Damages in a Motorcycle Accident
Posted on April 06, 2009Yesterday I touched on the high numbers of motorcycle injuries and fatalities, which have been on a steady increase in recent years. I commented how the increased occurrence of such injuries/fatalities has led to an increase in lawsuits and litigations regarding who's at fault in such incidents...
FINANCIAL MISCONDUCT: How did the credit crisis develop?
Posted on April 06, 2009Jonathan Jarvis has created a slide show that explains in simple terms how the credit crisis developed. To understand about the credit crisis you have to understand the components known as prime mortgages, sub-prime mortgages, collateralized debt obligations, frozen credit markets and credit default swaps...
Drunk driving can lead to deportation and an extremely unfair result
Posted on April 06, 2009Drinking and driving can be a risky thing to try. In this case an Iowa City man, Edgar Escarcega drove while having a blood alcohol of 0.191, or more than the legal limit. (0.08) Mr. Escarcega plead guilty to driving drunk, OMVUI or OWI that resulted in the death of another...
Motorcycle Accidents: Injuries, Fatalities and Lawsuits on the Rise
Posted on April 05, 2009Between 1975 and 1999, more than 38,000 motorcyclists died in single vehicle motorcycle accidents (with account for approximately 45 percent of all motorcycle accidents). Motorcycle fatalities have steadily increased since then, totaling 4,028 in 2004, 4,553 in 2005 (a 13 percent increase) and 4,810 deaths in 2006 (roughly a five percent jump)...
Semi in break down lane on shoulder struck in rear by oncoming driver
Posted on April 05, 2009On March 30, 2009 at 1:30 38 year old Jeffery Hamman of Sioux City hit a semi that was pulled over on the shoulder for a mechanical problem. The semi was driven by 62 year-old Carlos Yon of Miramar Florida. Mr hammon was transported to Saint Luke's Regional Medical Center for what authorities are saying are 'possible minor injuries...
Iowa Workers' Compensation: Released back to work, then laid off, what do I do?
Posted on April 04, 2009I answer questions on another website and this question was recently posed and the economy being what it is, I thought a broader audience might appreciate the advice. Question: If a person has a work comp injury with restrictions can they be laid off of work? Answer: The answer is sometimes, yes and sometimes no...
Burger King stops using wrap with Fluorescent Whitening Agent (FWA)
Posted on April 03, 2009Consumer groups found a whitening agent in the Burger King wrap used for wrapping food products. In an allusion to last year's poisoned milk scandal, the report also highlighted the fact that FCW contained traces of melamine, the chemical found in last year's tainted milk...
FINANCIAL MISCONDUCT: What is a liar's loan?
Posted on April 03, 2009What is a liar's loan? A liar's loan has to do with mortgages. The "liar's loan" is a phrase and in many instances is a misnomer. It was a misnomer because the borrower wanted to tell the truth about their income but the loan broker or even the lending officer at the bank entered the incorrect income information on the loan application...
Iowa Supreme Court rules ban on gay marriage is unconstitutional
Posted on April 03, 2009The Iowa Supreme Court in a stunning decision voted unamimously upholding gay's right to marry. Des Moines Register, Unanimous ruling: Iowa marriage no longer limited to one man, one woman • Read the summary: Iowa Supreme Court's decision on same-sex marriage...
FINANCIAL MISCONDUCT: Derivative Market Logic
Posted on April 02, 2009My good friend Marion Brown, (we were undergrads together at the University of Iowa) passed this analogy on to me. I was impressed with it's simplicity. To understand it let's first review derivatives. What are derivatives? They are investments that depend on insuring the value of other assets; like sub prime loans packaged together as mortgage backed securities...
New Instrument Trays For Tort Reform States Will Include Alarm Clocks
Posted on April 02, 2009TEXAS MEDICAL DREAM TEAM: Invitation #6, Guess which of the Seven Dwarfs will get the invite. Bashful, Doc, Dopey, Grumpy, Happy, Sleepy or Sneezy? We have to apologize to Texas for not sending out the next invitation until today. I suspect the Tex-ass Legislature is interested in filling out their dance card with tort reform minded doctors...
Elderly woman killed in Iowa after driving into asphalt grinder off I-29 near Glenwood
Posted on April 02, 2009KETV reports that an Iowa woman was killed after driving into a construction area and running into a Caterpilla asphalt grinder along Interstate 29 near Glenwood, Iowa. The woman's age was 66 and she was pronounced dead at the scene. The work was being done just north of the Glenwood exit in Mills County, Iowa...
Vacation Safety: Traveling with baby
Posted on April 01, 2009Six – the number of flights I've taken in the last month. Four – the number that have been equipped with screaming children (three times I sat directly next to the parent holding the highly-disruptive child). Now, I'm generally not a kids person and ordinarily I'd silently curse a screaming child, calling them spoiled, pampered, etc...
Who is the AIG April Fool?
Posted on April 01, 2009Today's April Fool is from AIG, more than likely a bailout bonus recipient. On March 31, 2009 an advertisement was taken out in the Wall Street Journal, A Public Apology and Plea to all AIG Associates. Read the 'apology' and if you can find the words 'I'm sorry' or 'all AIG Associates should be sorry', I'll be surprised, because there is no apology only arrogance of the writer who doesn't even have the temerity to sign the advertisement...
An April Fools Day lawsuit roundup
Posted on April 01, 2009At the end of every month we always gather up the litigation news from around the world to keep you abreast of the world of litigation. Here is the news from March 2009. Yesterday Apple announced a new program called Ripe that removes the Windows operating system from p...
INJURYBOARD in APRIL is all about financial wrongdoing. A Compendium of greed and corruption.
Posted on April 01, 2009April on the InjuryBoard will be focusing on financial torts; torts like those that have blanketed the news lately. There have been an incredible number of Ponzi schemes by stock brokers and hedge fund managers from around the world. I'll begin today from the Des Moines InjuryBoard with a list of some of the major schemes that have resulted in billions of dollars in losses for investors...
Implant Safety: How to use the Internet to help monitor your health
Posted on March 31, 2009MAINTAINING VIGILANCE AS A PATIENT – IMPLANT RECALL SAFETY NEWS Yesterday we discussed the FDA recall classifications and today I promised to explain one method of how patients with implants can be one step closer to being safe from product defects...
Anderson on way to Texas is thrown from pickup truck, luckily not killed.
Posted on March 31, 2009Two people on their way to Texas were involved in a car accident at the I-35 South and I-235 West interchange. Bradley Sea, 21 was driving a pickup truck west on I235 and turned right to go around the turn which connects with I-35 South. He went off the shoulder and down the embankment...
FDA Recall Classifications: Where is the FDA's passion for peanuts?
Posted on March 30, 2009You should know the FDA Recall Classifications so today and tomorrow I'm going to explain the classifications and tell you how to use the Internet to monirot your health situation. And at this time of year, it getting close to opening day at most ballparks we're going to keep in mind the all important question: Where is the FDA's passion for peanuts? Peanut butter is as American as is baseball, the MLB Association and America's favorite team, the Boston Red Sox...
Medical Malpractice - The Science of Making Mistakes in Medicine
Posted on March 30, 2009I read about an interesting study from the University of Iowa that develops a framework to examine the science of mistakes in the practice of medicine. The study was published in Science Daily back in August 2006. The study discusses the why's and how's physicians and other medical service providers report (or don't report) errors that cause injury to the patient...
SUV rollover kills 13-year old from Illinois while on I-80 in Iowa
Posted on March 30, 2009A 13 year old involved in an I-80 accident in eastern Iowa died following the SUV rolling after going in the ditch. The teenager was from Illinois. The driver, Deborah Newsome is 45 years of age. Another passenger, Deborah Newsome was hospitalized at the University of Iowa Hospitals and Clinics in Iowa City...
Wrong-way driver kills four Eastern Illinois University college students
Posted on March 28, 2009Four Eastern Illinois University college students were killed and another, the driver, survived from a wrong-way crash involving a Sunset Hills Police Officer. The officer was off-duty at the time although officers are never per se completely off duty...
Food Safety: Melamine news, including the CCP takes action against government officials for melamine contamination debacle
Posted on March 27, 2009I'm surprised and elated of the action being taken by the Chinese Communist Party against government officials who were in some way involved with allowing the melamine scandal to develop without discovering or stopping it. As is widely known hundreds of thousands of Chinese babies suffered kidney damage and several infants died as a result of melamine contamination in infant formula...
Weather getting warmer, the motorcycle body count can begin
Posted on March 27, 2009Two people riding a motorcycle in Iowa County were taken to the hospital by life flight after a pickup truck failed to yield the right away, made a left turn and struck the motorcycle. The collision occurred at 212 Boulevard, ½ mile west of I Avenue 4 miles west of Marengo...
Texas Medical Dream Team Invite No. 5, Team Nightmare
Posted on March 26, 2009I was thinking maybe I should leave the Great State of Texas alone and let them learn from their mistakes. But I can't leave this subject alone because it seems wrong for professionals that make hundreds of thousands of dollars each year in income to ask patients to take financial responsibility for their professional mistakes...
AIG sued by Cedar Rapids, Iowa flood victim.
Posted on March 26, 2009Penford Products Co. in eastern Iowa has sued AIG for failing to pay flood related claims amounting to $30 million dollars. Penford filed claims for some $50 million in property damage but AIG has paid only $20 million. Penford is a supplier of chemically modified specialty starches...
Doctor vs. Defense Lawyer - What came first the chicken or the rotten egg?
Posted on March 25, 2009What is the controversy? It's reported by the Boston Herald that a patient who had plastic surgery performed at the Beth Israel Deaconess Medical Center sued the hospital and the doctors involved. Before the plaintiff could serve the petition, sometimes referred to as a civil complaint, the doctor left the Boston area traveling across the country on vacation never intending to return...
Guest column: Prosecute Bush for his crime: Allowing torture
Posted on March 25, 2009Today we are reprinting with permission a guest column by an Iowa attorney. I have long advocated that the Bush Administration's policy of the end-justifies-the-means is wrong. This piece by Mr. Wilson makes a very good argument in the area of sanctioning torture...
Vacation Safety: Do golf getaways put you at risk?
Posted on March 25, 2009Golf – it's America's new favorite pastime. In the year 2000, there were approximately 27 million golfers in the U.S. alone; it goes without saying that this figure has increased since then (nowadays, there are over 60 million golfers around the world)...
TEXAS MEDICAL DREAM TEAM, Invite No. 5, The hunt is on. Roll the dice. We invite the Patient named DENIAL.
Posted on March 24, 2009What if your child ate a tack? What would you do and what would you expect from the dream team? What if after getting to the dream team a doctor performed stomach surgery on your child without reviewing the X-rays to see if the tack your child ate remained in their stomach? Would you be upset? I suspect you would...
"Death of a Firefighter" still reverberates
Posted on March 24, 2009"Death of a Firefighter" still reverberates by Doug Bates The Oregonian Tuesday December 02, 2008, 7:28 PM Every once in a while it's reassuring to see that what a newspaper says on its editorial page can make a difference in the world, or at least generate a useful discussion...
Weekend at Bernie's, A totally guys' weekend
Posted on March 24, 2009The Madoff investors who lost billions have to be fuming over the trustee's discovery of $75 million quietly sitting in Gibraltar while Madoff stays mum. Consider for a moment that the entire Bernie Madoff investment dream team remains sitting on the sidelines crying poverty while an account with $75 million waits for the commotion to settle down and someone to purchase a plane ticket to cash in...
TEXAS MEDICAL DREAM TEAM: Invitation Number 4, the doctor who . I'm not sure what to say to this one except he'll love Texas medical mistake protectionist legislation.
Posted on March 23, 2009This doctor has a few problems that could potentially result in financial responsibility to patients but Texas will invite him with open arms and fatten his wallet at the same time; because after all it's about attracting the good, the bad and the ugly, at any cost...
Firefighter alcohol abuse a national concern
Posted on March 23, 2009Firefighter alcohol abuse a national concern by Doug Bates The Oregonian Saturday September 13, 2008, 10:39 AM The Oregonian's recent editorial series "Death of a Firefighter" has touched off a nationwide online discussion in the fire service community...
Air Force senior airman, Danielle N. Brinser from Ottuwa, Iowa killed in Ohio mva crash
Posted on March 23, 2009Ottumwa, Iowa native Danielle N. Brinser, 20, a senior airman at Wright-Patterson Air Force Base was killed when trying to cross Ohio 444 on a green light. The other vehicle failed to stop and yield at the intersection light. The other car was driven by Nicholas C...
Vacation Safety: Leap of faith?
Posted on March 23, 2009Growing up, my family went on several mini-vacations each year. We'd go on weekend getaways to amusement parks, historic towns and even campgrounds. Sometimes our trips would consist of an all-out, fun-in-the-sun type of excursion; other times it'd be a ten hour car ride to look at the world's largest ball of yarn (thrilling, I know)...
Wei-Chuan Granulated Chicken Bouillon recalled.
Posted on March 22, 2009What product is recalled? A California company has recalled over 89,000 pounds of chicken bouillon. Apparently U.S. Customs officials pointed out processed chicken was used that didn't meet our poultry inspection standards. What is the product? It's Wei-Chuan granulated chicken bouillon in 2...
Sentence Bernie Madoff to work at Wal-Mart
Posted on March 20, 2009Wal-Mart is adding approximately $2 billion U.S. dollars to the benefit and incentive packages for hourly employees in the United States. That's a good sign. In a memo to Wal-Mart employees obtained by Reuters, Wal-Mart CEO Mike Duke said the retailer is awarding roughly $2 billion to U...
TEXAS MEDICAL DREAM TEAM: Invitation Number 3, The surgical team that flunked anatomy 101
Posted on March 20, 2009Jordan Santana is only 15 but he knows a lot more about anatomy than does the surgical team that operated on the wrong finger. Being a Boston Red Sox fan this New York minute seems pretty A-Rod-ish to me. So join me today as Texas sends out invitation number 3 to the New York surgeon and surgical team that flunked anatomy 101 by operating on the wrong finger...
Death of a Firefighter - Part 5 in an editorial series
Posted on March 20, 2009This is the fifth installment in an editorial series about the accidental death of an underage volunteer firefighter at the hands of fellow firefighters. They got 20-year-old Shannon Halvorson dangerously intoxicated at a motel party in Albany, she ended up dead and her grieving father has been fighting five years for some accountability in the case...
TEXAS MEDICAL DREAM TEAM: Second Invitation to those physicians bored with being rich.
Posted on March 19, 2009We're covering the medical malpractice tort reform legislation that is attracting the best and the brightest malpractice physicians to join the Texas Medical Dream Team. Our first invitation went out to the doctor and surgical staff that couldn't count...
Death of a Firefighter - Part 4 in an editorial series
Posted on March 19, 2009This is the fourth installment in an editorial series about the accidental death of an underage volunteer firefighter at the hands of fellow firefighters. They got 20-year-old Shannon Halvorson dangerously intoxicated at a motel party in Albany, she ended up dead and her grieving father has been fighting five years for some accountability in the case...
Vacation Safety: Hit the slopes (just not literally)
Posted on March 19, 2009We all go on vacation with the intention of having a good time and relaxing; for most of us, our relaxed state of mind is the temporarily escaping the ‘real world' and the many pressures that come with it. For certain skiers and snowboarders (among other active individuals), a relaxed sense of being stems from the pain killers and various other meds that are pumped into their bodies with the hope of lessening the pain of their injuries...
Vacation Safety: Microwaving plastic plates and spoons may release melamine and formaldehyde into your food
Posted on March 18, 2009Many of us are unaware that those plastic spoons and plates we take on vacation contain melamine. The manufacturer is supposed to warn the user by proper labeling but many are not doing so. The World Health Organization has studied and advised about the world wide melamine contamination problem...
Vacation Safety: Coming 'round the mountain
Posted on March 18, 2009I just returned from a mini-vacation with my college roommates and I'm proud to say, 'I survived' (barely, but I did). Fortunately for us, we had tons of fun and all came back unscathed; however, on my return flight I saw not one, not two, but three individuals in wheelchairs due to accidents that occurred on their own weekend getaways...
TEXAS MEDICAL DREAM TEAM: COME ONE COME ALL. First invitation goes to the Doctor Who Couldn't Count
Posted on March 18, 2009I feel badly with feeling good about Texas having tort reform that will attract all the Iowa doctors to Texas that make the biggest mistakes. I'm hopeful that doctors in Iowa who commit the most malpractice errors and therefore find their malpractice insurance premiums increasing will find the Texas protectionist legislation particularly appealing...
Vacation Safety: Even in a bus, adventure travel poses risks.
Posted on March 18, 2009An Iowa couple was on the bus crash in Monterry, Mexico. The husband, 73-year-old Ronald Christy, died and his wife, Margaret, is hospitalized and in critical condition. The driver of the bus was intoxicated. He was killed in the crash. Mexican officials conclude the truck went off the road, then overcorrected and swerved into oncoming traffic striking the bus head on...
Death of a Firefighter -- Part 3 in an editorial series
Posted on March 18, 2009Death of a Firefighter -- Part 3 in an editorial series by The Oregonian Editorial Board Monday This is the third installment in an editorial series about the accidental death of an underage volunteer firefighter at the hands of fellow firefighters. They got 20-year-old Shannon Halvorson dangerously intoxicated at a motel party in Albany, she ended up dead and her grieving father has been fighting for five years for some accountability in the case...
Welch Allyn defibrillators recalled, look for AED 10 and MRL JumpStart models
Posted on March 17, 2009If your business owns a defibrillator take a look to see if it's a '14,054 AED 10 and MRL JumpStart external defibrillators made between Oct. 3, 2002, and Jan. 25, 2007". They may not work correctly when called upon to shock a patient resulting in low-energy shocks...
Construction Site Safety: DOB Report Cites Misuse of Slings and Rigging as having Caused Collapse
Posted on March 17, 2009The March 2008 East Side tower crane collapse that killed seven people was caused by a misuse of the sling and other errors of rigging, by the City of New York's Buildings Commissioner. The City report has 41 recommendations. The building permit remains revoked...
Death of a Firefighter -- Part 2 in an editorial series
Posted on March 17, 2009Part 2 in an editorial series by The Oregonian Editorial Board Every good paramedic knows the symptoms of alcohol poisoning, and Shannon Halvorson exhibited most of them on that deadly night in 2003. Police reports show she was incoherent and listless...
Construction Site Safety: At times the news media is clueless about how they report accidents.
Posted on March 16, 2009The news report is a wall of rebar at the Gateway construction site 'just became loose and collapsed' on top of two construction workers. Can a construction wall suddenly just fall on construction workers? "Are you kidding?" "Oh yeah the sky fell in right after the wall collapsed...
Death of a Firefighter -- Part 1 in an editorial series
Posted on March 16, 2009If you drink as an underage teenager read this story and watch the YouTube video. I've previously written (here and here) about how much a young adult can drink before dying, this story should demonstrate to you how situations can escalate that result in a person dying...
Artificial popcorn flavor chemical verdict of $7.5 m will have investors "popping" mad!
Posted on March 15, 2009A verdict by a Sioux City, Iowa jury awarded $7.5 million for the death of a worker after he developed a rare lung condition, broncholitis obliterans. The worker was a butter flavor mixer with American Popcorn Company. Ronald Kuiper, who passed away on Wednesday afternoon, was formerly employed at American Popcorn Company as a butter flavor mixer...
Train crossing collision in St. Louis kills pregnant mother
Posted on March 14, 2009A pregnant mother, Heather Sheree Balven, from the St. Louis area (Hartford) was killed when a train struck the pickup truck she was driving. Well liked her fellow workers, she was a geotechnical engineer who was working at the time of the collision...
Brain Damage Caused By Manganese Contained In Welding Fumes: Will Manganese Prove to be the Next Asbestos?
Posted on March 13, 2009According to the United States Bureau of Labor Statistics, in 2006 there were approximately 462,000 welding, soldiering, and brazing workers. The occupation was expected to grow only about five percent between the years 2006 and 2016. Aside from the fact that employment for welders is expected to 'grow more slowly than average,' job availability for welders remains optimistic due to employers' reports of inability to find qualified welders...
Mother Nature sues news sources, for once again libeling Old Man Winter!
Posted on March 13, 2009Sure enough, I knew the news desk editors across America would again libel Old Man Winter. An accident occurred outside Blairsburg this past Sunday night and the story was picked up by the news service. They reported two people died and one was injured...
Vacation Safety: What lies beneath...
Posted on March 12, 2009Dun-uh. Dun-un. Dun-uh. Okay – maybe this isn't working so well…I'm trying to convey the well-known musical notes from Jaws (I think the fact that I'm musically challenged is coming into play here…) This might work better: http://www...
Should we be concerned about CAT Scans?
Posted on March 12, 2009A computed tomography scan ('CT scan' or 'CAT scan'), which is a procedure that takes no more than a few minutes, is a medical imaging method that is used to create three-dimensional x-ray images. CT scanning has a number of benefits over traditional medical radiography...
Iowa Workers Choice of Treating Physician Bill Sitting Pat with a Full House
Posted on March 12, 2009Iowa's Governor Chet Culver is in favor of the bill before the legislature that would allow injured workers the right to choose their own treating physician. He calls it a 'fundamental fairness issue.' Workers' compensation laws in Iowa allow the employer to choose the injured workers treating physicians...
How do I insure my adult child's car without taking on the legal liability?
Posted on March 11, 2009Question: Our son is a full-time college student in Washington, and he is about to purchase car insurance. He is still a resident of Iowa, where my wife and I live. Would it be wise for our son and me to buy the car together and tag and title it in Iowa so we can put him on our umbrella policy? Or should he just get his own and stay off his parents' policy? The question is this: we claim him as a dependent on our income tax returns and are co-signers on his student loans, so would we be liable in the event of a car accident? If so, would we be ahead to put him on our policy where we have a $1...
Stepping On the Little Guy: Utah legislature moves to shield emergency room staff from financial responsibility for their mistakes.
Posted on March 11, 2009New Legislation Moving Through the Legislature in Utah The Utah Legislature passed SB79, a tort reform measure that changes the level of proof needed for patients injured by the negligence of emergency room physicians and staff. This measure would change the burden of proof to the higher standard, 'clear and convincing evidence' from a preponderance of evidence...
Injured Iowa Workers Closer to Choosing Treating Physician
Posted on March 10, 2009Here is how Mike Gover of the AP reports it: "DES MOINES, Iowa - A House panel has approved a measure that would give Iowa workers greater rights in choosing a doctor when they're injured on the job. A subcommittee of the House Labor Committee approved the bill along party lines on Monday, with Democrats supportive and Republicans opposed...
Vacation Safety: Mayhem in Mexico
Posted on March 10, 2009Yesterday I touched on a few of the safety issues surrounding those oh-so-crazy Spring Break trips. There's the potential for one to sustain an injury in so many ways. And though alcohol often plays a factor in such situations, such isn't always the case...
Will workers compensation cover sexual dysfunction?
Posted on March 09, 2009Today let's learn about Viagra, lawyers, workers compensation and musical ensembles. These are all entwined in one way or another. Did you hear about the drug store at the corner of 22nd and Westown Parkway in West Des Moines, Iowa that was broken into last week? Completely burglarized...
Vacation Safety: Students as Spring Breakers
Posted on March 09, 2009For many colleges, spring break is officially here. Students across the nation are piling onto planes and heading off for what will undoubtedly be an unforgettable trip (at least for those who are lucky enough to remember it). Aah - I remember it like it was just yesterday: enduring a week of seemingly prolific classes and their b...
Family Law: We're not getting hitched, I've been ditched, how do I get the engagement ring back?
Posted on March 07, 2009You would think that by now Kenny Chesney, George Strait, Faith Hill, Keith Uban, Martina McBride or even Taylor Swift would have a song about giving back the ring over a broken engagement. Certainly Brad Paisley or Sugarland should have a broken engagement ring litigation song...
Food Safety: Melamine contamination accusations against America's Wyeth found to be false
Posted on March 06, 2009Wyeth's baby formula made in or imported into China has been determined by consistent and independent testing to be safe from melamine. 'China's quality watchdog tested every batch of milk powder produced and imported by Wyeth since Sept. 14 and found no problems, the official Xinhua News Agency reported...
Iowa Workers' Compensation: The Right to Chose the Treating Doctor, It's about dignity and respect for others
Posted on March 06, 2009Iowa Workers Compensation – Sixteen tons, what do you get… Saint Peter don't you call me 'cause I can't go … I owe my soul to the company store… The bill before the Iowa Legislature that would grant workers the right to choose their own treating physician isn't about jobs so much as it's about respect for another human being and their right to control their own body and what is going to happen to it...
Stepping on the Little Guy: Hawaii, like Texas is moving towards socializing medicine
Posted on March 05, 2009Stepping on the little guy: Why is my disability insurance claim being denied by the insurance company?
Posted on March 04, 2009Ford answers the call for drivers being distracted by use of cell phones
Posted on February 28, 2009Iowa Work Comp: Choice of doctor bill isn't about choice so much as it's about controlling the outcome of your own life.
Posted on February 27, 2009Wrong-way driver on I-80 does it all wrong
Posted on February 26, 2009Another OWI, is charged with driving drunk while heading the wrong-way without headlights being turned on and then slamming into an oncoming car. Can it get any worse? This 19-year old was treated for head and chest injuries on I-80 in Salt Lake. The other driver suffered a broken leg and cuts on his arm...
Workplace Safety: Iowa ADM Plant Chemical and Gas Leak
Posted on February 26, 2009Four contract workers were taken to area hospitals from the Archer Daniels Midland plant after inhaling some type of gas this morning, Feb. 18, 2009, in Cedar Rapids. Life threatening problems were reported for at least one worker. A leak at the ADM plant in Cedar Rapids, Iowa caused workers to be evacuated on the morning of Feb...
Walking in Cyberspace Can Kill You
Posted on February 25, 2009A couple of pedestrian accident reports caught my eye because they were killed due to being distracted by cell phones, mp3 players or iPods. A search in the Internet turned up much more information than I expected. Here is a sampling of what is out there in cyberspace...
Driving Safety: Semi-smart(s)
Posted on February 25, 2009An uncle, an uncle’s brother and dad, two family friends, a childhood neighbor and my sister’s soon-to-be-father-in-law. These are people I know and can think of off-hand who drive a semi-truck for a living. And the seven are just a few of the 3...
Texas Tort Reform Message - Go west young man; go east or north, but go.
Posted on February 24, 2009Yesterday we discussed David Fitzgerald, a real person, not some fictional character in someone’s imagination but breathing, thinking and probably a pretty angry man. David needed medial care. He didn’t ask for much just proper medical care...
Driving Safety: Air Bag Defects
Posted on February 24, 2009Automotive defects are among the most dangerous product defects in any market (because driving is so risky to start with). One of the most common automotive defects is airbag failure. The airbag was invented in 1952 and was intended to serve as an alternative to seatbelts...
Iowa Fire Deaths: Landlords, Tenants and Homeowners - Get your act together.
Posted on February 24, 2009House and building fires in Iowa have killed 19 people since January 1, 2009. Four more people died just this past week. During all of 2008 there were just nine. In 2007 there were 30 and 2006 33 fire related deaths in the State of Iowa. The Iowa Department of Public Safety has issued a public information release indicating the following: Fire-Related Fatality Count Continues to Increase Des Moines, IOWA--- Since January 1, 2009, 19 people have died from injuries sustained in fires throughout Iowa...
Stepping on the Little Guy: Dallas worker loses all four limbs, is awarded $17.7 million; well, almost, but not quite.
Posted on February 23, 2009There is a joke that everything in Texas is big. I’ve only been to the airport in Texas but looking at the tort deform they enacted to protect their big medical mistakes I’d have to agree that when they make a mistake they make it big. In 2003 the State of Texas decided that everything in Texas should be big except jury awards...
Will Madoff get away with stealing $50 Billion?
Posted on February 23, 2009A long time ago I heard a criminal defense lawyer say the more outlandish a defense the more likely it is to be believed. Thus we had the Twinkie and my parents were less than perfect so I decided to commit murder defenses. The entire Bernie Madoff situation has me wondering about legal things...
Driving Safety: The dangers of 'cabbing it'
Posted on February 22, 2009Fourteen – the number of cabs stopped at my corner when I went to work this morning ((nine at the red light, five pulled over for travelers). Eight – the number on 51st Street (between Lexington & 3rd Avenues) when I left work this evening...
Iowa News: Man standing in driveway killed by out of control car
Posted on February 22, 2009This report is pretty sketchy for there being a fatality. The out of control vehicle appears to be an Isuzu Trooper. The driver was Celine Ramirez, 42. The relatives should consider my earlier writing about negligence. Driver Safety: Does snow and ice on the road excuse the driver’s negligence? The short answer is normally not...
A Better U.S. Economic Stimulus Package - The Little Blue Pill Plan
Posted on February 21, 2009The Little Blue Pill Economic Stimulus Plan Today I’d like to discuss a serious subject; the 787 billion dollar U.S. Economic Stimulus Plan. Frankly it's limp. I see it more of an economic wish list that hopefully will stimulate the economy rather than any kind of plan...
Driving Safety: Tire blow-outs in all their glory
Posted on February 20, 2009Michelin, Firestone, Bridgestone, Dunlop, Goodyear – if you drive a vehicle, you’re bound to be familiar with at least one of these brands. Driving a vehicle also means you’re also at risk for a tire blowout (which is what happens when a tire burst and rapidly loses air pressure)...
Patient Safety: Wrong-site surgery on knee ends with sanctions.
Posted on February 20, 2009Mariam Hospital, Rhode Island One doctor and two nurses sanctioned were sanctioned by their professional licensing boards for conducting a wrong-site surgery on the wrong knee. The patient became aware of the wrong knee being operated on after she awoke...
Driver Safety: Does snow and ice on the road excuse the driver's negligence?
Posted on February 20, 2009The short answer is normally not. Tuesday’s edition of one news source has this headline: Ice and snow blamed for fatal accident. I read this and immediately know the writer hasn’t a good understanding of what makes up negligent behavior...
Wisconsin Judiciary: Part IV, Who gets to spend money left in the war chests?
Posted on February 19, 2009Justice for Sale: Part III, Judicial campaign ads, war chests along with soft and hard money. Judicial campaign ads in Michigan, Ohio, Illinois, West Virginia, Washington State and Alabama are shown on this YouTube video clip. The only thing a practicing lawyer can say is they demean the judicial system entirely...
Food Safety: New salmonella poison test developed at Iowa State University
Posted on February 19, 2009A new Salmonella detection test developed at Iowa State University can shorten the time to detect salmonella. Using a tape like paper to pull bacteria from the food source, then a soapy, salty water mixture is applied to the tape and in two hours an ultraviolet light source will cause the salmonella will give off a green-fluorescent glow...
Wisconsin Judiciary: Part III Money is soft, hard and kept safely in a war chest.
Posted on February 18, 2009Justice for Sale: Part III, Judicial campaign ads, war chests along with soft and hard money. Judge ads in Michigan, Ohio, Illinois, West Virginia, Washington State and Alabama http://www.youtube.com/watch?v=XzFbpXCVgfY Do labels make a difference? Liberal, conservative, extremists, agenda, family values, erodes and other words conjuring up distrust, incompetence and political leanings are used in judicial contests...
Auto Safety: Why do car and motorcycle accident cases take so long to conclude?
Posted on February 18, 2009Motorcycle Safety - Negligence takes many forms Why do lawsuits take so long to conclude? That’s a question you may have asked before. Perhaps you’ve sat around the local diner complaining about the weather and as often will happen sooner or later the conversation turns to the lawyers or court system...
Iowa Agriculture: Trains vs Tractors, Don't bet on the tractor
Posted on February 17, 2009My best guess is that Tyson Petersen, 22 is feeling today or anytime soon may be the day for him to play the Iowa Lottery. Seems Mr. Petersen knows something about concentrating and owning his job. He’s a farmer or so he was acting as such a few Friday’s ago when the farm implement he was pulling behind a tractor ended up sitting on the train tracks in front of an oncoming train...
Wisconsin Judiciary: Part II What does $5 million get you?
Posted on February 16, 2009This morning we reported on Wisconsin's Supreme Court Chief Justice and her war chest of over a million dollars. Here is a snippet of what was in the earlier post. By taking money from lawyers, Wisconsin’s Supreme Court Chief Justice creates the appearance of being improperly influence...
Does Wisconsin's system of electing Judges and Justices create the appearance of being corrupt by receipt of campaign contributions from the litigants' attorneys?
Posted on February 16, 2009By taking money from lawyers, Wisconsin’s Supreme Court Chief Justice creates the appearance of being improperly influence. This post isn’t about actual corruption but the appearance of impropriety within the judicial system in America. Wisconsin elects its court judges...
Driving Safety: The Dangers Lurking Just Around the Bed
Posted on February 16, 2009I consider myself a go-getter all the way and am completely, 100 percent committed to my job. However, I’m also completely, 100 percent committed to relaxing when I’m on vacation – and oh boy do I love vacationing. I love seeing new sights, meeting new people, trying new food, etc...
Driving Safety: Coming around the mountain...
Posted on February 14, 2009Right now I’m vacationing in California’s sunny palm desert – and it is gorgeous. I mean it - it’s almost surreal. I got up yesterday, threw on a tank top and shorts and went jogging down the stretch of highway in front of our resort...
Driver Safety: Wrong-way drivers, not as uncommon as you may think.
Posted on February 14, 2009A Buick Station Wagon being driven by Theodore Springman and a Dodge Dynasty driven by Rodney Fisher were involved in a head-on crash on I-380 in the northbound lanes of traffic. Springman was driving south in the northbound lanes of travel. The collision occurred around 1:00 P...
Driving Safety: How just one drunk driver can alter the lives of hundreds
Posted on February 13, 2009I told you yesterday – drinking and driving often results in accidents, and those are never a fun situation. We gave you a brief breakdown of Wisconsin’s drunk driving statistics and ended the post asking just how serious of an offense OWI is...
Iowa Sheriff's Explosive's Sniffing K-9 Bites Infant
Posted on February 13, 2009The Linn County Sheriff’s Department owns a dog trained to smell out explosives. The police dog is a 4-year-old Belgian Malinois. After playing fetch in the yard of Deputy Ireland took the dog inside his home where the dog bit Ellie Ireland who is 13 months old...
Legal malpractice case settled for $150 Million - Tort reformer happy business law firm is sued
Posted on February 13, 2009The law firm of Irell & Manella was sued in April 2007 for “critical errors” in the legal work involved with a 1999 cable TV acquisition by Charter Communications. The law suit was filed in California. The WSJ reports Irell was paid $55 million in fees...
Cosmetic injections with industrial silicone leads 2 women to suffer total kidney failure
Posted on February 12, 2009In what can only be described as practicing medicine without a license two Tampa, Florida area women were injected with what is believed industrial silicone by a “fake doctor”. One suffered total kidney failure and the other multiple organ failure...
20 Million Reasons Why Iowa Workers Should Have the Right to Choose the Treating Physician
Posted on February 12, 2009Iowa Workers Compensation – Sixteen tons, what do you get… Saint Peter don't you call me 'cause I can't go … I owe my soul to the company store… The bill before the Iowa Legislature that would grant workers the right to choose their own treating physician isn’t about jobs so much as it’s about respect for another human being and their right to control their own body and what is going to happen to it...
Driver Safety: Starts before you turn the ignition key
Posted on February 11, 2009The biggest road hazard you may face this and next year are uninsured motorists. If you didn’t have enough to worry about with double bottomed semi-truck trailers, pieces of retread tires and idiot drivers’ texting on their cell phones, now you have to worry about the uninsured adding more financial ruin to your already overtaxed financial planning...
Boy in fifth grade determined by Illinois coroner to have committed suicide.
Posted on February 10, 2009Initially reported as an accidental hanging the report now concludes suicide. It’s just difficult to appreciate how a 10-year old boy in fifth grade could choose to take his own life? My undergraduate degree is in psychology and I worked at Butler Hospital's psychiatric unit, so this subject is more than just a passing news article...
Driver Safety: Is bigger better in a crash?
Posted on February 10, 2009She says it is. http://www.youtube.com/watch?v=zBQp46nzkcE Crash test dummies just might agree. http://www.youtube.com/watch?v=pm5mD6sojDs Now watch the Hummer strike the rear of a mid-size sedan. http://www.youtube.com/watch?v=lI9-CGvf9lo Originally posted at InjuryBoard by Steve Lombardi
Driving Safety: OWI'm in trouble...
Posted on February 10, 2009Four thousand four hundred and thirty five dollars. No, that’s not my monthly rent (although it is close). Instead, it’s the typical total of charges incurred for one’s first OWI (according to the Iowa Alcoholic Beverages Division)...
Wrong-site surgeries being studied in Minneapolis, Minnesota
Posted on February 09, 2009It's time out in surgery, as hospitals watch doctors by Minneapolis Star Tribune writer Maura Lerner – This article discusses the use of a “Time-out Towel”. We aren’t changing the oil in a car, its surgery; we are operating on a human body...
Food Safety: What tests prove I have salmonella poisoning?
Posted on February 09, 2009As lawyers we see the worse case scenarios. From my desk in Iowa I’ve watched the wreckage for more years than I’d like to admit to. Not counting the clinic work at Drake Law School this is my 28th year of practicing personal injury, workers’ compensation, malpractice and other kinds of civil trial work having to do with all types of personal injury...
Driving Safety: "Car Wheels on a Gravel Road"
Posted on February 07, 2009After reading Thursday's post, you now know two things: 1) you know about my first car accident and 2) you know the dangers of PEDOs. We told your what happens when pavement edges slant more than what’s deemed ‘safe’ or what’s recommended by legislation...
Lately, America's largest imported product seems to be communism
Posted on February 06, 2009As an American, if you don't believe in some form of regulating imported products then you're a communist. If as an American you don't think the people of China need freedom of speech then you are a communist. The melamine contaminated baby milk from China is into its next phase...
Medical News: Offering to Pay for Patient's Well-Being Gets Nurse Suspended.
Posted on February 06, 2009Huh? Are you kidding me? No, this is for real. I just wrote a blawg post about a Las Vegas jury that found no negligence when a man complaining of chest pain isn’t even examined for 41” minutes and then died of a heart attack on the E.R...
Las Vegas Jury Failed to Follow the Law, in Finding for Hospital on Issue of Negligence
Posted on February 05, 2009A jury in Las Vegas gave the nod to a hospital whose standard of emergent care is to wait 41 minutes to examine a patient complaining of chest pains, and who then dies in the emergency room floor. The jury actually deliberated for 79 minutes longer than it took the emergency room staff to put their hands on this man suffering a heart attack in the emergency room...
Driving Safety: The Dangers of Shoulder Drop-offs
Posted on February 04, 2009As mentioned in yesterday’s article, I had my first car accident (yes, first – reckless driving, ignorance and a sense of immortality led me to have several) when I was just 16-years old. After that accident, my parents ground me from driving for about a month – which was fine with me; there was no way I was getting behind the wheel again anytime soon...
Food Safety: Melamine test looks promising.
Posted on February 04, 2009The chemists at ETH Zurich (Renato Zenobi, Huanwen Chen, and colleagues) have developed a new mass spectrometric analysis method with which polluted milk can be detected reliably within 30 seconds. Here is what they say about the test’s advantages over what currently is done to test for melamine...
Five Iowa Ft. Dodge Children Hospitalized - Carbon Monoxide Poisoning
Posted on February 03, 2009Fort Dodge, Iowa at the Travel Inn pool five children were playing in the pool when they experienced carbon monoxide poisoning. The Assistant Fort Dodge Fire Captain reported the levels of carbon monoxide were 14 times higher than normal. A faulty furnace is to be blame...
Driver Safety: Tennessee's Governor Phil Bredesen has a good message for teen drivers
Posted on February 03, 2009http://www.youtube.com/watch?v=la2bO7Xseyg Let's start off this month with a simple message - think. Yes, simply think before acting. Lawyer deal in the facts about car, truck, ATV, boat, truck, motorcycle, moped, pedestrian, skateboard and other types of roadway-street-avenue accidents than many people...
Driving Safety: winter weather increases accidents and keeps drivers on their 'tires'
Posted on February 03, 2009As mentioned yesterday, I consider myself very fortunate that I no longer have to drive (as driving isn’t really my ‘thing’); however, I also know that I don’t intend to stay in New York forever and that my lack of driving is only temporary...
Iowa News: More on Furnaces and Carbon Monoxide Poisoning
Posted on February 03, 2009This morning I reported on this story: Fort Dodge, Iowa at the Travel Inn pool five children were playing in the pool when they experienced carbon monoxide poisoning. The Assistant Fort Dodge Fire Captain reported the levels of carbon monoxide were 14 times higher than normal...
Food Safety: Melamine accusations are too little too late
Posted on February 02, 2009Who speaks for the mothers and fathers with infants in renal failure? Who shouts for justice for those same parents of the children who died from the melamine contamination of babies’ milk? Which government officials in China will be punished? Charged with crimes? Fired? Forced to resign? Who took bribes? There is no justice in China...
Driving Safety: Auto fatalities dropping, but we can do better. "Yes, we can."
Posted on February 02, 2009Welcome to the month of February, which is driving safety month on InjuryBoard! Ooh – this is good for me – I could use a lesson or two (my track record isn’t the greatest…which is why I moved to a city where driving really isn’t even an option)...
The Washington Post's Robinson Doesn't Appreciate the Golden Rule
Posted on February 01, 2009Eugene Robinson in his latest opinion piece for the Washington Post writes in Blind Unanimity that Republicans in voting unanimously in opposition to the latest economic “stimulus package” don’t understand the mandate the voters sent to Washington with the Democratic majority...
Super Threats at the Super Bowl
Posted on January 31, 2009Tomorrow is Sunday, February 1st. Know what that means? It’s gameday, baby! Bars around the country will be jam-packed fans and non-fans alike, all eager to get in on the Super Bowl action. To accommodate the mass crowds, many bars will offer a one price package: “$40 cover gets you unlimited Bud & Bud Light and a complimentary appetizer buffet at half” or something of the sort...
Make Your Super Bowl Party "Too Hot to Handle"
Posted on January 31, 2009It’s here – GAME DAY! Put on your jerseys and your drinking shoes, the Super Bowl is upon us. But wait, do both with a bit of caution… Yesterday we went over some of the health hazards the buffet-style eating so common at Super Bowl get-togethers can pose...
Diet Safety: Is there really anything 'safe' about it?
Posted on January 30, 2009Considering the recent updates that have been made in the news, I figure it’s only right we give an update to our Injuryboard readers (granted, the vast majority of you probably stay on top of the news anyways, but, regardless, we think it’s a good idea)...
Health Care News: University of Iowa joins the growing trend towards financial disclosures by physicians and health care workers
Posted on January 30, 2009The University of Iowa announced new rules prohibiting physicians from accepting free drug samples and handing them out to patients. Also doctors and other health care workers will be prohibited from accepting gifts and must disclose financial remuneration paid by private medical companies that can create a conflict of interest with reporting research results...
Diet Safety: Over-vitaminizing as a trend
Posted on January 29, 2009As mentioned time and time again, January is diet safety month on InjuryBoard. I think it’s safe to say when most of us think of diet safety, we think of weight loss and physical fitness. Fair enough. To be honest, I do, too. However, there are numerous other subjects that fit under the “diet safety” umbrella...
Construction Safety: Communist China needs America's Union Training Programs
Posted on January 29, 2009In China a three-story building under construction collapsed in the Shanhe village of Xiaoshan district in Zhejiang’s capital Hangzhou. Nine construction workers were on the site, of which seven immediately escaped. Two were trapped and one of the two later died...
Diet Safety: Why the Fuss?
Posted on January 28, 2009If you follow the InjuryBoard blogs, you probably know that I’ve spent the better part of the month writing on the issues surrounding diet pills / supplements. For many of the reviewed products, the potential side effects and adverse health effects were similar in scope (not that they were the same, but many such effects are attributed to caffeine and other stimulants, which inevitably cause increased blood pressure and heart rate, restlessness, anxiety, etc)...
Melamine is processed from coal
Posted on January 28, 2009The problem isn’t just melamine; the problem is greater than just one chemical but includes other chemicals that react from the bodies attempt to excrete it. http://www.youtube.com/watch?v=ZlkiQ_0G5ww Originally posted at InjuryBoard by Steve Lombardi
I fell on someone else's property; what to do?
Posted on January 27, 2009Practicing personal injury law in the Midwest provides the opportunity for many potential clients who have been injured on someone else’s property. The winter ice storms, snow storms along with melting and refreezing creates hazardous conditions for pedestrians...
Food Safety: Peanut butter paste and poisoning
Posted on January 26, 2009Here are a few reports from YouTube concerning peanut butter and food poisoning. Peanut butter salmonella outbreak http://www.youtube.com/watch?v=ipeMc8sQVQM FDA: Peanut Butter Possible Salmonella Source http://www.youtube.com/watch?v=WkO828nwKIY PSA: Peanut Butter from Georgia is the cause of Salmonella related deaths...
Food Safety: 3rd Minnesotan dies, peanut butter food poison
Posted on January 26, 2009The Salmonella food poisoning crisis in peanut butter may have caused a third nursing home resident death in the Brainerd area. The products have been linked to some degree from a Peanut Corp. of America plant in Georgia, as the suspected source of contamination...
Diet Safety: Trimming the fat with Dexatrim
Posted on January 26, 2009Maybe I'm just noticing them more because I've been researching and writing about them, but I feel like diet supplements are everywhere. Legitimately, everywhere. I was walking home from work last night and noticed a “40% of all diet pills” sign in the window of a bodega...
Shocking News: Insurance adjuster struck by bus isn't interested in tort reform!
Posted on January 25, 2009Shocking News! Insurance adjuster struck by bus isn’t interested in tort reform! Are you kidding!?!!!!!! Have you heard this one before? We need more tort reform! There are too many greedy Plaintiffs using the courts for jackpot justice! Give them nothing! It’s our money! Okay, now that I’ve got that out of my system, here is what happened in this accident...
Diet Safety: Going shot-for-shot in your battle against the bulge
Posted on January 25, 2009Much to my dismay, I was up early yesterday morning (6 AM on a Saturday? Ugh – what happened to the days of sleeping in?!) It was good, though – before my roommates had even risen for the day I went and worked out, wrote an article and got the word on some of the latest according to Good Morning America...
Diet Safety: Acai and the New You
Posted on January 25, 2009The Acai berry – I like to think of it as the pomegranate of 2009 (remember a couple of years ago when the pomegranate was hyped up all over the news for its health benefits? Well, a new superfood has taken its place: the acai berry). The acai berry is praised not only for its many, many health benefits, but also for its ability to help consumers lose weight...
Construction Safety - Worker crushed to death.
Posted on January 24, 2009A 28-year old construction worker was crushed and killed while attempting to change a piece of equipment on the job in Prior Lake. OSHA is inspecting. The man, whose name was not released, was trying to change the bucket on a skid loader around 2:30 p...
Construction Safety - For road crews is being a flagman "the easy job"?(2)
Posted on January 23, 2009This morning we covered a Minnesota case in which the county attorney had charged the another construction crew member with traffic violations from an incident in which the flagman had been run over and killed. I grew up in Rhode Island, a state famous since 1984 for it's cop who directs traffic in a way you've never probably seen before...
Salmonella's still out there...
Posted on January 23, 2009Per yesterday’s article and the dozens of others that are decorating the ‘walls’ of Injuryboard, we know that the recent Salmonella outbreak is bad news. We know that 125 peanut butter products have been recalled as a result of them being linked to the nearly 500 people across the country that have fallen victim to a widespread outbreak of Salmonella...
Slience of the lambs - Melamine Contamination Corruption Cover-up for the CCP - Death? Life in Prison? How about investigating government corruption.
Posted on January 23, 2009Here is the report of two corporate dairy executives from China being sentenced to death. Jayne Akre, our IB National News Desk Reporter writes it as well as anyone so let's just link to her article. China Sentences Two Men To Death Over Melamine-Tainted Milk Scandal...
Construction Safety - For road crews is being a flagman "the easy job"?
Posted on January 23, 2009In Minnesota, the Carver County Attorney charged a 73-year old construction worker with failing to drive with due car and following too closely, both misdemeanors for traffic related offenses. In the accident a flagman was run over by a truck and killed...
Construction Safety - Collapsing Scaffolding at Florida work site leaves six workers hanging for life.
Posted on January 22, 2009Another scaffolding accident leaves three construction workers dangling six stories off the ground. The report from the Miami Sentinel indicates the scaffolding came loose from the building causing the men to lose their footing. A crane operator must have quickly swung into action supporting the scaffolding while the men hung on for dear life...
Highway Safety - What States have the worst bridges?
Posted on January 21, 2009Today we will look at how your state ranks against other states for number of bridges needing replacement. See how your state stacks up against the rest. How does your state ranks against other states for number of structurally deficient and functionally obsolete bridges? To see how your state ranks against other states for number of structurally deficient and functionally obsolete bridges visit the U...
Diet Safety: The 2-day Citrus Diet
Posted on January 21, 2009“Citrus fruits have many health benefits, especially for weight loss.” They’re known to help burn fat and suppress appetite – perhaps that’s why many choose to use them as a diet aid. Heck, some even choose to consume only citrus fruits as a sort of crash diet, so called ‘The Two-Day Citrus Diet” – which is exactly what it sounds to be: when on the cleansing diet, practitioners consume only citrus fruits and juices...
The Havoc Continues as the Salmonella Outbreak Continues to Spread
Posted on January 21, 2009Three days ago, I wrote a brief intro to the widespread peanut butter scandal. Missed that article? Here’s a recap: Approximately two weeks ago, an open jar of peanut butter (from the King Nut Corporation) tested positive for strains of salmonella...
Highway Safety: Bridges - What is the condition of the bridges in your state, city or town?
Posted on January 20, 2009Bridge Safety - Iowa and U.S. Highways Our goal at the InjuryBoard is to prevent injury. To prevent injury let’s examine the available data and government policies that predispose this country’s infrastructure to increased risk of injury...
Diet Safety: Is it really smart to take One A Day?
Posted on January 20, 2009The week before Christmas, I announced to family and friends that I was getting a dog. And in response, every single individual responded “You?” (or something along those lines). Now, most of you don’t know me, but those who do will understand that the skeptical response is completely legit...
Peanut Butter Jelly time? Hmm...maybe not so much....
Posted on January 19, 2009I spread it on toast with cinnamon and honey, I swirl it through triple chocalate brownies, I melt it in my oatmeal and sometimes even mix it with crushed red pepper and olive oil for a chicken strip dip (sounds weird, but think of Thai food). Yes, I’ve found many a use for it (as have the Buckwheat Boys) and consider myself an avid consumer of peanut butter – the infamous condiment that, as of late, has taken headlines by storm...
Construction Safety: Video Training of LOTO or Lockout/Tagout Procedures for Electricians
Posted on January 19, 2009You'd be surprised at the educational training you can receive from YouTube, a source which is free to the user. In this video the electrician's LOTO procedures are covered. Here is a second example: And a third example of the why LOTO. Originally posted at InjuryBoard by Steve Lombardi
Construction Safety and Trial Lawyer Skills: LOTO or Lockout/Tagout Procedures for Electricians
Posted on January 18, 2009Yesterday we covered Lockout/Tagout safety rules in a very general way. Today we look at it as lawyers are required. What is the law of Lockout/Tagout? Lockout/Tagout (LOTO) is addressed in specific standards for the general industry, marine terminals, longshoring, and the construction industry...
Construction Safety: The risk of being electrocuted
Posted on January 17, 2009A construction worker on a site in Europe was electrocuted when he came into contact with a live wire/cable on which he was working. It killed him and the general contractor was fined 300,000 Euros. You might wonder why the fine? Electrical workers on a construction site must follow an established set of rules for protecting each other...
Winter Fire Safety Series: Carbon Monoxide Detectors
Posted on January 17, 2009This blog is the sixth and final blog in a multipart series directed towards fire safety and prevention for the winter season. Within this blog, the dangers of the colorless, odorless, and toxic gas know as Carbon Monoxide. According to the Journal of the American Medical Association (JAMA), an estimated 2,100 people die annually due to accidental Carbon Monoxide exposure...
Diet Safety: what's wrong under the Hood-ia
Posted on January 16, 2009Just last night, I was watching the games (college basketball) with my neighbors and lo-and-behold, the topic of diet pills came up. We all know my stance (strongly opposed) and, needless to say, it didn’t quite mesh with that of my diet-pill-popping neighbor...
Trial Work: Construction safety issues lead the trial lawyer to read patent applications.
Posted on January 16, 2009Today let's take yesterday's post, Construction Safety: Fellow construction worker killed by crane operation to a new level by examining how trial lawyers would go one step further to understanding crane stabilization systems. The crane’s front outriggers began to suddenly sink into the ground which caused the crane and its boom to fall forward into a wall...
Winter Fire Safety Series: Smoke Alarms
Posted on January 16, 2009This blog is the fifth in a multipart series directed towards fire safety and prevention for the winter season. In this blog, smoke alarms will be briefly discussed and will be accompanied by a list of suggestions for the proper installation and maintenance of the smoke alarms within your home...
Construction Safety and Trial Lawyer Skills: The case of a fellow construction worker killed by crane operation
Posted on January 15, 2009Today we are going to report the news of a crane accident that took a man’s life. Tomorrow we will look at it as a trial lawyer must, analytically. Between now and tomorrow you can think about where you would find useful information about the crane, information you will need to understand a large piece of equipment that most trial lawyers will never operate, but have to understand...
Winter Fire Safety Series: Electrical Fires
Posted on January 15, 2009This blog is the fourth in a multipart series directed towards fire safety and prevention for the winter season. Within the United States there are over 485 deaths and 2,205 injuries as a result of electrical fires. Many electrical fires are caused by electrical system failures as well as appliance defects, but even more are caused by the inappropriate use and poor maintenance of electrical appliances, overload of circuits and extension cords, and incorrectly installed wiring...
Winter Fire Safety Series: Stop, Drop, and Roll
Posted on January 14, 2009This blog is the third in a multipart series directed towards fire prevention for the winter season and discusses a well-known technique referred to as “stop, drop, and roll” that is commonly taught to children. Within the United States, children set about 8,000 home fires each year and account for 15-20% of all fire deaths...
Construction Safety - Pedestrian is killed as he passes by Mumbai construction site
Posted on January 14, 2009A bulldozer operator caused a wall to suddenly fall onto a passing pedestrian in Mumbai. From news reports, demolition of homes in what appears to be a slum were being carried out without warning the occupants that it was time to leave. We really do live in a great country...
Diet Safety: Accomplishing your weight-loss goals with Acomplia
Posted on January 14, 2009By many, it’s considered a miracle drug. It’s a new age weight loss tool and is “the next best hope for those who are struggling to keep their weight down or give up smoking.” It’s Acomplia, ladies and gentleman, and (supposedly) it’ll rock your world...
Pride in the Hoover Dam bridge and road expansion project continues in spite of worker's death
Posted on January 13, 2009During the Great Depression of the 1930’s the Hoover Dam Project employed between 3,500 and 5,200 men and women in the construction trades. In the original project it is reported that 120 men died during the construction phase. Twelve men perished in the original building project...
Winter Fire Safety Series: How and When to Use a Fire Extinguisher
Posted on January 13, 2009Most fires start small, thus they can be contained and eliminated by using the appropriate fire extinguisher within a couple minutes. All fire extinguishers list a class and rating number, which is listed and labeled by an independent testing laboratory...
Winter Fire Safety Series: Introduction
Posted on January 12, 2009Now that January is approaching the halfway mark and with energy costs leading to an increase in the use of alternative home heating sources, it is never too late to re-familiarize yourself with fire safety precautions for the remaining winter months...
Construction Site Safety: Being your own contractor can be a tough way to save money.
Posted on January 12, 2009Disgruntled drywaller kills over how much he was to be paid In front of co-workers a drywaller shot and killed the homeowner following a dispute as to how much he was to be paid. The homeowner was only 43-years of age. The Jackson County, Missouri man then held up in his pick-up truck and held police off for several hours while negotiations ensued...
Diet Safety: New Resolutions come with Old Health Threats
Posted on January 11, 2009New Year, New You, right? That’s the new year’s resolution for many (mine is to stop hemorrhaging money). In fact, approximately 40-45% of American adults make a new year’s resolution each year – a resolution that most often centers around weight loss and quitting smoking...
Melamine Contamination Corruption Cover-up for the CCP
Posted on January 11, 2009They contaminated an untold amount of baby formula. Enough baby formula to kill at least seven infants and sicken over 300,000 more. But only sixty people have been arrested or charged with crimes. And there is no indication if government officials are included...
Diet Safety: Marked "safe" - but is it really?
Posted on January 11, 2009Most of us have a general knowledge of diet pills. We don’t all know the specifics as to why, how and when they work; however, most know that many such pills contain caffeine-like stimulants that hype users’ systems into overdrive, increasing not only their metabolisms but also their digestive, nervous and circulatory systems...
Construction Safety - Two laborers killed in New Delhi, 20 injured.
Posted on January 10, 2009Two sleeping labor workers were killed with a load of sand was dumped at the location where they were sleeping. In another incident three pedestrians and seventeen workers were injured by a falling iron bar. The bar is reported to have bent, failed and then fallen onto the people below...
Diet Safety: What, exactly, does the Lemonade Diet Master?
Posted on January 10, 2009Previously, I gave a general overview of the body cleanse (from a weight-loss standpoint). At several points throughout that article I mentioned that a body cleanse can be directed in a variety of ways. Take the Master Cleanse lemonade diet, for example...
Trucker dies after 600 pound pipe falls on him while delivering to a construction site
Posted on January 09, 2009Construction site work has to be one of the most dangerous occupations. Probably as dangerous as farming and iron and steel work. The Pennsylvania trucker was only 33-years of age. He was doing his job at a Lansing area construction site 75 miles west to northwest of Detroit when a 600 pound waterline pipe being fell on him crushing him to death...
Construction Safety - Collapsing Cranes and weight restrictions.
Posted on January 08, 2009Overloading the crane being used on a construction site is too common for workers to ignore. In May 2008 it happened in New York and just a few days ago it occurred in New Delhi. In each instance workers were killed. Here are some examples of cranes collapsing as a result of overloading...
The CCP will cause future melamine food contaminations in the USA - Let the weeping Chinese mothers weep aloud for their dead and sickened children.
Posted on January 08, 2009Mothers and fathers of infant children sickened by melamine contaminated infant formula are dying to tell us their side of the story, but Chinese government officials are very good at stifling dissent and destroying evidence to prove wrongdoing. It's reported that a seventh baby died of melamine poisoning; but we won't know if the number is much higher because the Chinese government is destroying the evidence by refusing to allow autopsies...
Wisconsin's Jahnke video ruling honors the limits of privacy actually waived
Posted on January 07, 2009We’ve been covering privacy issues and the violation of privacy rights. We’ve discussed in recent posts the unauthorized surveillance by a husband of the wife in her bedroom, the Anthony Pellicano invasion of privacy indictment and prison sentence in California and finally stalker secrets involving bullying...
Diet Safety: The body cleanse does more than just cleanse...
Posted on January 07, 2009If you’ve read any of the articles I posted in the past week, you probably already know where I stand on weight loss and diet safety. I’m not a skeptic, I’m a realist. I believe any pill that sounds too good to be true probably is...
Privacy Rights: Stalker Secrets and the terror of those stalked. Bullying hits a new low.
Posted on January 06, 2009Cell Phone Stalker Secrets on Fox News Cell Phone Stalkers - Is this a joke? Cell Phone Hacking and Stalking - 3 Family's in Washington State Originally posted at InjuryBoard by Steve Lombardi
Diet Safety: Amphetamines and Anorectic Drugs
Posted on January 06, 2009Yesterday I discussed ephedra, a drug commonly used in diet pills and known for its immense weight-loss capabilities. In that article, I briefly touched on the similarities between the side effects of ephedra and amphetamines. Scary thought, huh? Well that thought jumps from scary to downright terrifying when you consider that, despite the fact that they’re illegal in both the UK and the US, there are numerous weight loss pills on the market which are laced with amphetamines...
Consumer Safety: How do we solve the melamine contamination crisis and stop the Chinese from corrupting the American and world supply of consumer goods?
Posted on January 05, 2009The entire melamine contamination debacle I find interesting. Especially with respect to how the United States government, our government, seems to be sitting on the sidelines doing very little with the President saying nothing publicly. Meanwhile the Chinese government represses basic freedoms of the people injured by denying them freedom of speech to publicly complain about the manner in which they are being treated...
Violating a person's Right to Privacy can lead you to prison
Posted on January 05, 2009The New Year is a good time for a good marriage resolution, like how about if we just try to get along. Today there are two cases involving a right to privacy. In the first Anthony Pellicano was sentenced to 15 years in prison for invading the privacy of certain individuals...
Diet Safety: FDA fed up with Ephedra
Posted on January 05, 2009My previous two articles revolved around Alli and Xenical, both of which are diet pills. But these are just two of the many similar products currently on the market. There are hundreds (perhaps thousands) of different pills intended to help men and women alike lose weight...
Family Law: Electronic surveillance of wife's bedroom activity leads to $22,500 judgment
Posted on January 04, 2009Family Law: A bedroom right to privacy between fighting spouses A married but separated Iowa couple continues to have a right to bedroom privacy. When one spouse surreptitious videotapes the other in her bedroom the privacy rights are actionable. (Dubuque County Case ID: 01311 CDDM012319) According to the Iowa Supreme Court’s decision Cathy and Jeff separated with Cathy remaining in the marital home...
Diet Safety: Alli v. Orlistat
Posted on January 04, 2009I wrote last on Alli – the FDA-approved, over-the-counter weight loss aid which is essentially a reduced dosage of the prescription drug Xenical. I did some research on the drug and read up on both its pros and cons (yes, there are both). Curiosity got the best of me and I couldn’t help but wonder: what similarities exist between the effects of Alli and its prescription counterpart? Well, we already know Alli is the over-the-counter, reduced dosage of Xenical (it’s given in 60 Mg capsules of Orlistat rather than 120 Mg capsules)...
Teen Safety: How much alcohol can you drink before killing yourself?
Posted on January 04, 2009Police in Little Compton, Rhode Island responded to a call of driving a vehicle without the owner’s consent. The suspect was at his mother’s home. When police arrived at the home, the man, 39-year-old Jonathan M. Holmes was extremely unsteady on his feet, seemingly drunk...
Iowa Construction Site Safety: Iowa construction worker killed during truck bed cleaning procedure
Posted on January 03, 2009A 46-year old Iowa man was killed while cleaning out the bed of a semi-truck that is used to haul dirt. The report isn’t entirely clear as to how he was killed but the Chicago Tribune’s report indicates he was trapped between the doors when the hydraulic pressure dropped allowing the doors to shut...
Melamine trials are about government corruption; that's why they are closed to the public
Posted on January 03, 2009Open the melamine trials or they are nothing more than window dressing to hide the corruption of government officials. MORE PEOPLE HEAD TO TRIAL IN CHINA MILK SCANDAL http://www.youtube.com/watch?v=uojYJwHb33Q&eurl=http://chinadigitaltimes.net/tag/sanlu/&feature=player_embedded If the trials aren't made public, we should boycott Chinese goods...
Melamine Contamination: When it comes to food safety are we able to trust the Chinese Communist Party?
Posted on January 02, 2009The question is worth asking. If these people were free to criticize the government of China would they have exposed the government and corporate corrupution that allowed melamine in infant formula and lead in paint that covered toys shipped to the U...
Food and Toy Safety: China's refusal to allow free speech increases our risk of exposure to melamine and lead.
Posted on January 02, 2009Instead of putting Tian Wenhua in prison for life just free Liu Xiaobo. Tian Wenhua was the head of Sanlu Dairy, the company with the highest melamine content in the milk it processed. She plead guilty and the China Digital Times is reporting she'll probably get life in prison, although the trials are beginning to look more and more like window dressing...
Diet Safety: Alli is NOT your ally!
Posted on January 02, 2009It lines the shelves of pharmacies, it’s painted on the front of the CVS store circular, even Target keeps a steady supply of it in stock – it’s Alli, the only FDA-approved over-the-counter weight loss product. I said it yesterday and I’ll say it again: diet pills can be downright dangerous...
Motorcycle, helmets, cell phones and text messaging usage under review in Arkansas
Posted on January 01, 2009Motorcycles, helmets, cell phones and text messaging in the sight of Arkansas Legislature to limit cell phone usage while driving, ban text messaging and require motorcycle helmets SB 28: Since 2001 legislator, Kim Hendren has filed a bill to prohibit drivers less than 18 years of age from driving while using a cell phone...
Diet Safety: Where do we even begin?
Posted on January 01, 2009January is (drum roll, please – dud- -du-du-du-du-dudu-duh…): Diet Safety Month on InjuryBoard. And we’re alright with that. In fact, I’m actually excited about it! I’m not one of those organic-only-prepare-my-own-food-all-the-time type individuals; however, I am relatively health conscious...
FDA announces recall of jaw, face or cranial implants due to risk of infection
Posted on December 31, 2008If you’ve had a Stryker Custom Cranial Implant surgically implanted to correct lower, upper jaw, face or cranium defects due to injury you’ll need to read the FDA Announcement and contact the surgeon who performed the surgery. You are at risk of infection...
Food Safety: Is your infant's formula safe?
Posted on December 31, 2008Where is melamine manufactured? http://www.youtube.com/watch?v=AjAh20xatjM Originally posted at InjuryBoard by Steve Lombardi
Will any of the melamine contaminators get the death penalty?
Posted on December 30, 2008Can you imagine a civil justice system where a milk producer would be allowed to manufacture infant baby formula so poisonous that your infant would develop kidney stones or go into kidney failure and the Courts would dismiss your case; or the government that is supposed to protect your child, orders the responsible companies to pay you a measly $290...
Construction Site Safety: When safety is ignored bridge erection or destruction can kill
Posted on December 30, 2008Here is a bridge being erected that kills a worker when a 121-ton girder falls. The report I found doesn’t indicate whether the girder fell onto a worker or whether if he was riding it he plunged to his death. Girders are not supposed to be ridden...
Is USA Today accusing doctors of defrauding Medicare?
Posted on December 29, 2008<p> </p> <p>Traditional paper news sources are having financial troubles.</p> <p> </p> <p><strong><em>Blogging Stocks</em></strong>, <a href="http://www.bloggingstocks.com/2008/04/05/the-first-big-bankruptcy-in-newspaper-industry/">The first big bankruptcy in newspaper industry?</a></p> <p><strong><em>The New York Times</em></strong>, <a href="http://dealbook...
Congressional Dysfunction: 100,000 wait in limbo, while 6,000 die awaiting organ donations
Posted on December 29, 2008<p><p>The<a href="http://online.wsj.com/article/SB122948107890913051.html"> National Organ Transplant Act of 1984 was supposed to encourage and to make organ donation easier</a>. It didn’t. Congress added a criminal penalty provision subjecting anyone receiving valuable consideration to a $50,000...
Food Safety: Melamine criminal trials begin in China
Posted on December 29, 2008<p>This morning we discussed whether Chinese government officials brought on the melamine crisis by ordering the increase of protein content in watered down milk and penalizing those who did not comply; without watching or knowing how it was being done...
Food Safety: Was melamine contamination of milk ordered by the Chinese governement?
Posted on December 29, 2008<p> </p> <p>The <a href="http://content.nejm.org/cgi/content/full/359/26/2745">New England Journal of Medicine speaks on the issue of food contaminated with melamine</a>. Is globalization literally killing us?</p> <p> </p> <p>In this article the question of why melamine might be intentionally added to foods, like infant formula is discussed...
Infant Safety: How mercury kills brain cells.
Posted on December 29, 2008<p>In an earlier blog post I covered mercury poison. In this post we cover by way of YouTube video how mercury kills brain cells. There is a lot of controversy over dental fillings and vaccines that have mercury causing autism. I take no position on whether vaccines cause autism, but realistically the incidence of autism is increasing and parents have to make a personal decsion that is in the best interest of the infanct child...
How are babies, infants and young children exposed to mercury poisoning?
Posted on December 29, 2008<p><p class="NormalWeb45" style="margin: auto 0pt 10pt"><strong>What is mercury poison?</strong></p> <p class="NormalWeb45" style="margin: auto 0pt 10pt">Actor Jeremy Piven recently bowed out of the Broadway play Speed the Plow citing <a href="http://www...
Rear ended by distracted driver leads to $3.5 million settlement
Posted on December 24, 2008Driving on the highways of Illinois can be risky. In this case a student at Southern Illinois University Carbondale was on assignment for the student newspaper when he reportedly was rear-ended by a semi-truck and was killed. From the report it appears this was a construction zone and the truck driver was distracted by the radio controls...
Double Whopper War of Words lands BK-Ee in Junior Whopper Jail
Posted on December 23, 2008Iowa can be a very surprising place to live; especially when the temperature dips to a cool minus 25 degrees. A whopper of an argument escalated into a Triple Whopper undercut resulting in a double beef arrest for an 18-year-old Coralville man. As reported the two employees began to fight by throwing Whoppers at each other...
Construction Site Safety: Another worker ran over in Texas
Posted on December 22, 2008pThe reported a href="http://www.kxii.com/home/headlines/36195299.html"news item is that the 46-year-old man was directing a Skylift forklift operator when it ran him over,/a killing him. There is no report on the type of construction or the nature of the construction site...
Drinking, drive, hit-n-run, death, broken arm, orphans - long prison term expected
Posted on December 22, 2008pThe 21 year-old driver of a hit-n-run accident in Buffalo, New York turned himself in after talking to relatives. The pregnant woman suffered brain injuries and a broken neck in the accident. A 4-year-old son suffered a broken arm. The events that led to a pregnant motherrsquo;s death and what will certainly be a very painful learning experience for the driver were described by Lou Michel, News Staff Reporter for the Buffalo News...
Greed and College Football Programs - The Program playbook for stealing a recruit's future.
Posted on December 22, 2008p /p blockquote p class="MsoNormal" style="margin: 0pt"emstrongCoach and Program Greed ndash; a great personal injury on our young athletes./strong/em/p /blockquote p class="MsoNormal" style="margin: 0pt"A conscience can be a very difficult thing to live with...
Child Safety: Are children more susceptible to liseriosis from hot dogs and deli meat?
Posted on December 21, 2008Canadian tainted meat case settles for $27 million Between 20 and 29 people died from food poisoning along with 5,000 who were part of a class-action settlement involving listeriosis-contaminated deli meat. Canada’s Maple Leaf Foods paid the settlement...
Pedestrian bridge in Atlanta collapses during construction
Posted on December 21, 2008The Atlanta Botanical Garden in Piedmont Park is constructing a pedestrian bridge that reaches four stories in height off of the ground. It’s supposed to give people the feeling of what it’s like to walk along the tree tops. As workers were taking a break under the canopy walk it suddenly collapsed killing one and severely injuring 18 other construction workers...
Toy Safety Month: US PIRG gets it RIGHT(2)
Posted on December 21, 2008pp class="MsoNormal" style="margin: 0in 0in 0pt"Alright, per my previous article, Irsquo;m already responsible for the lsquo;fun kill.rsquo; Surprisingly enough, I donrsquo;t really feel that bad about ithellip;/p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt"In fact, I consider a follow-up to my not-so-optimistic article a grand idea...
Iowa's Charles Grassley prescribing honesty for Rx makers
Posted on December 20, 2008pp class="MsoNormal" style="margin: 0pt"Our colleague a href="http://www.injuryboard.com/member-profiles/David-Mittleman/"Dave Mittleman/a from Michigan has a good post today about our own Senator Charles Grassley titled a href="http://lansing.injuryboard...
Florida jury awards $11.5 Million for wrongful death of police officer
Posted on December 19, 2008Wrongful death award in Florida set by jury at $11.5 million dollars for loss of a police officer’s life. The defendant’s were the Florida Department of Transportation, William Russo and Natasha Russo. According the firms’ press release: Officer "Oreo" Lorenzo, a highly decorated Police officer with the City of North Miami Beach Police Department, was driving westbound on Pines Boulevard in Pembroke Pines, Florida on July 2, 2004, when 18 year old Natasha Russo failed to stop at a stop sign and attempted to make a left turn eastbound on to Pines Boulevard, causing Officer Lorenzo to swerve to avoid a direct impact...
Construction Site Safety: Betting on OSHA violation
Posted on December 19, 2008Alexamdra Berzon from the Las Vegas Sun Newspaper further explores the 6 deaths and numerous safety violations that have plagued the Perini Building Co. construction sites on the strip in Las Vegas. In June of 2008 when Dustin Tarter, a crane operator died the entire construction crew walked off the site to protest safety conditions...
Toy Safety: How to shop smart.
Posted on December 18, 2008p /p p class="MsoNormal" style="margin: 0in 0in 0pt"In previous posts we've talked about a few of the not-so-friendly companions that could be lurking in your childrsquo;s toy room. Okay, perhaps the mentionedi /itoys are a bit outdated; but how do you know their talking Elmo is as innocent as it seems? Or is Dora the Explorer really so sweet and friendly?/p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt"The a href="http://www...
Flying the very-friendly, but hazy skies of United
Posted on December 18, 2008p /p p class="heading13" style="background: white; margin: 9.75pt 0in 0pt"Here at the InjuryBoard we advocate for the rights of the injured, those oppressed by tort reform and those whose rights are taken away by tort reformers. We do this knowing that some litigation, while ethical and legal is controversial and then some litigation should never be brought...
Are you one of the 172,180 people to help me buy the perfect kid's Christmas gift?
Posted on December 18, 2008p /p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt"How would you like to give some child the best ldquo;toyrdquo; imaginable?/p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt"How about if that toy was so safe I could guarantee you it would have no melamine?/p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt"What if it were a gift that a child would remember for the rest of his or her life time?/p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt"Would that do it for you?/p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt"Join ldquo;a href="https://www...
Toy Safety Month: US PIRG gets it RIGHT
Posted on December 17, 2008p /p p class="MsoNormal" style="margin: 0in 0in 0pt"Darn the luck ndash; I know they say ldquo;You canrsquo;t have it all,rdquo; but I like to think I come close (I like to ithink /iit, realistically, I know itrsquo;s not true)./p p class="MsoNormal" style="margin: 0in 0in 0pt" /p p class="MsoNormal" style="margin: 0in 0in 0pt"But I missed a very important point in my previous article when I gave an overview of how the toy industry has changed...
Child Surgery: What should you be asking the surgeon?
Posted on December 17, 2008pblockquote p class="MsoNormal" style="margin: 0in 0in 0pt"emstrongWhat if your child had to have surgery?/strong/em/p /blockquote p class="MsoNormal" style="margin: 0in 0in 0pt"/p pHow well do you know the surgeon who is performing surgery on your child or spouse? Maybe there is a question you should ask that they are afraid you might ask...
Toy Safety Month: Carnivorous dolls, flying threats, and battery burn-ups - what's YOUR child playing with?
Posted on December 16, 2008Reviewed and reviewed again – the issue surrounding lead paint and the toy manufacturing industry. We all know it’s a BIG problem that is continuously being addressed (not necessarily amended, but addressed nonetheless). However, despite recent controversies surrounding lead and toys, parents shouldn’t be fooled into thinking this is the only issue they should be concerned with...
Construction Site Safety: OSHA violations, another construction site backing over injury
Posted on December 16, 2008At a school construction zone in Centralia, Missouri a worker was “accidentally” run over by a fellow worker. This is the second serious construction site accident in the month of November. The equipment was a skid loader that weighs 8,500 pounds...
Toy Safety Month: Bush's bill bans b.s.
Posted on December 15, 2008On Sunday I gave a brief intro to some of the issues surrounding toy safety; in it, I mentioned that, in August, President Bush signed a bill into effect that banned the presence of lead in an attempt to protect consumers. I also raised the question of why this bill was just passed, when issues surrounding exposure to lead have been on the table for years...
Two Iowans on the Finale of Boston Legal
Posted on December 15, 2008Jim Turner is an actor from Des Moines and in the finale on Boston Legal on December 8, 2008 he played the role of a “very offensive” Catholic priest who officiated the marriage between two lawyers. But he’s not alone. Jerry Espenson a role played by Christian Clemenson, is from Humboldt, Iowa...
Boston Jury Awards $3.9 m for leg amputation
Posted on December 15, 2008Like what happened to the woman in Des Moines, on September 13, 2005 an MBTA bus in Boston struck a woman (Rita Traybman) at the intersection of Washington and East Newton streets in the South End. She was in a crosswalk, having the right of way was struck from behind...
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