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An Iowa train vs car wreck is such A Painful Case

Steve Lombardi — Tue, 01 Dec 2009 12:01:00 GMT

Join me this afternoon for a walk with James Joyce. This is to honor all of those people who die from collisions with trains at train-road-crossings in Iowa and around the nation. In some ways they are preventable but in other ways not so easily prevented. A Painful Case is a short story raising speculation of whether drink, depression or just distraction caused the woman to be out walking across the rails. It's really a wonderful story filled with raw emotions that undulate as if we are on a roller coaster ride at Rocky Point.

This is not unlike the emotions you will go through when trying a case. As prepared as you think you are, you will find out just how difficult it is to control your emotions as the trial unfolds. You do not control the trial so much as IT controls you. As one of my mentors said in response to my comments about my adrenaline level, "Steve in trial work you will experience the highest highs and the lowest lows. Learn not to get too excited about your wins or your losses." Mr. Dutton couldn't have been more accurate. So join James Joyce as he explores Dublin with Mr. James Duffey's not-so-simple life in Ireland, a trial of sorts.

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

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

RRA Litigation: Tony Villegas Deposition List, A Place to Start (Updated)

Steve Lombardi — Tue, 01 Dec 2009 09:01:00 GMT

Today looks like the day Scott Rothstein will be charged and then arrested by the FBI. I claims to not be talking but those who have followed this story closely see it differently. Rothstein has lost his law license and many of his assets seized; his law firm is in bankruptcy court. And what has Scott Rothstein been doing? Well, aside from living in hotel rooms he's been talking. And still the question remains as to what he knows about the murder of Melissa Lewis. And towards getting that question answered we come full circle to Tony Villegas.

UPDATE: Scott Rothstein was arrested around 7:45 a.m. this morning and is scheduled to appear at 11:00 a.m. before Magistrate Judge Robin Rosenbaum in U.S. District Court in Fort Lauderdale, Florida.

Watch the video clip from Channel 4 CBS.

http://cbs4.com/video/?id=87425@wfor.dayport.com

Where might the lawyers for Tony Villegas find names of those to depose as a way of finding out who knew what and when? After all it's looking more and more like Tony has been framed.

First I’d start with any lawyer who worked at RRA and left employment within the past 24 months. One person mentioned in a blog is Susan Dolin.

“We all seem to forget about one of the named partners in RRA early on. Her name is Susan Dolin (great attorney and nice person). Dolin abruptly quit and got the hell out of there. What did she see that made her give up that lucrative position as a named partner? Inquiring minds what to know.”

What does she know? And here is a list of potential witnesses to interview. You want motive, start here, they have to hate those that carried the Ponzi scheme and ruined their firm.

A
Adler, Russell S., Shareholder and Vice President
B
Barsky, Laurence S., Attorney
Berger, William J., Shareholder
Birken, Shawn L., Partner
Bofshever, Harold S., Partner
Buschel, Robert C., Partner
C
Cirulnick, Riley W., Attorney
Coen-Giovanelli, Dr. Sara, Partner
Cohen, Jodi N., Attorney
D
Dijols, Pedro E., Attorney
Dishowitz, Benjamin R., Attorney
F
Farmer, Gary M. Jr., Partner
Fistos, Mark S., Partner
G
Gibbons, Eugene, Attorney
Goldstein, Scott A., Partner
Gonzalez, Julio E. Jr., Partner
Guzman, Jan Paul, Attorney
H
Herrera, Frank, Partner
J
Jaffe, Steven R., Partner
K
Kitterman, Christina M., Partner
Kleinfeld, Denis A., Shareholder
Kusnick, Howard A., Partner
L
Lehrman, Seth Michael, Partner
Levy, Ellie A., Attorney
Linder, Carl H., Shareholder
Lippman, Steven N., Shareholder
M
Meyer, Diana, Attorney
N
Neiwirth, Arthur C., Partner
Nurik, Marc S., Shareholder
O
Osber, Steven H., Partner
P
Padowitz, Kenneth D., Partner
Pancier, Michael A., Partner
R
Rasor, Gregg E., Partner
Reyes, Carlos J., Shareholder
Rosenfeld, Kari E., Associate
Rosenfeldt, Stuart A., Founding Partner and President
Ross, John Michael, Partner
Rothstein, Scott W., Managing Partner, Chairman, CEO
S
Sardina, Gustavo, Attorney
Scheinberg, Howard M., Attorney
Schmidt, Justin B., Attorney
Smith, Grant J., Shareholder
Steinberg, Adam J., Partner
Stone, Barry J., Shareholder
Storfer, Richard B., Partner
Stracher, Les, Shareholder
Strohsahl, Brianne M., Attorney
T
Torres, Osvaldo F., Partner
W
Weissing, Matthew D., Partner
Williams, Johnny Jr., Partner
Wolfe, Tami R., Partner
Wright, Blandin J., Partner
Z
Zinkler, George L. III, Attorney

Originally posted at InjuryBoard by Steve Lombardi

Free Speech is the Only Cure for China's Next Melamine Problem

Steve Lombardi — Mon, 30 Nov 2009 12:01:00 GMT

Melamine poisoning is in the news again, this time with the official Chinese execution of two men associated with being involved in the chemical poisoning of baby formula in 2008. In that consumer product contamination case 300,000 babies suffered some form of kidney failure and disease. At least six babies died from kidney failure. The Chinese Courts controlled by the Chinese Communist Party (CCP) shut down 99.99% of all law suits filed against those involved with producing and then distributing tainted milk and infant formula. In response to the filings the CCP went after the lawyers who dared to file suit against the business interests that control world markets and that dictate what the American financial markets woo. With the force of its form of tort reform the CCP is a shining example of what the Bush Administration hoped to achieve in America.

Contaminated Food - What is melamine doing in my Wonton Soup?, September 16, 2008, Steve Lombardi

But six cases have been allowed to proceed in China’s court system. Why? It’s anyone’s guess but probably more of a publicity stunt for the sake of propaganda than to achieve any semblance of fairness or justice.

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

If you’re interested in reading more about melamine and how it was being used to dodge the official protein tests used to determine the content of milk follow the link.

1. Consumer Safety: How do we solve the melamine contamination crisis ...

Jan 5, 2009 ... The entire melamine contamination debacle I find interesting. ... Posted by Steve LombardiJanuary 05, 2009 12:33 PM ...
desmoines.injuryboard.com/.../consumer-safety-how-do-we-solve-the-melamine-contamination-crisis-and-stop-the-chinese-from-corruptin... - Cached -

2. Food Safety: Melamine news, including the CCP takes action against ...

Food Safety: Melamine news, including the CCP takes action against government officials for melamine contamination debacle. Email Member · Steve Lombardi ...
desmoines.injuryboard.com/.../food-safety-melamine-news-including-the-ccp-takes-action-against-government-officials-for-melamine-contamina... - Cached -

3. Food Safety: Melamine test looks promising. | InjuryBoard Des Moines

Food Safety: Melamine test looks promising. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook · Visit Steve ...
desmoines.injuryboard.com/.../food-safety-melamine-test-looks-promising.aspx?... - Cached -

4. Vacation Safety: Microwaving plastic plates and spoons may release ...

Vacation Safety: Microwaving plastic plates and spoons may release melamine and formaldehyde into your food. Email Member · Steve Lombardi. Attorney ...
desmoines.injuryboard.com/.../vacation-safety-microwaving-plastic-plates-and-spoons-may-release-melamine-and-formaldehyde-into-your-fo... - Cached -

5. Contaminated Food - What is melamine doing in my Wonton Soup ...

Contaminated Food - What is melamine doing in my Wonton Soup? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../contaminated-food-what-is-melamine-doing-in-my-wonan-soup.aspx?... - Cached -

6. Food Safety: Is there an evil twin keeping that melamine ghost in ...

Food Safety: Is there an evil twin keeping that melamine ghost in your pantry company? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../is-there-an-evil-twin-keeping-that-melamine-ghost-in-your-pantry-company.aspx?... - Cached -

7. Product Label Codes: On what grocery store shelf is melamine ...

Product Label Codes: On what grocery store shelf is melamine hiding? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../product-label-codes-on-what-grocery-store-shelf-is-melamine-hiding.aspx?... - Cached -

8. Food Safety: Melamine contamination accusations against America's ...

Food Safety: Melamine contamination accusations against America's Wyeth. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../food-safety-melamine-contamination-accusations-against-americas-wyeth.aspx?... - Cached -

9. Food Safety: Melamine contamination stirs emotions | InjuryBoard ...

Nearly 53000 children sickened and four dead from melamine contaminated baby formula. ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
desmoines.injuryboard.com/.../food-safety-melamine-contamination-stirs-emotions.aspx?... - Cached -

10. Melamine is processed from coal | InjuryBoard Des Moines

Melamine is processed from coal. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook · Visit Steve Lombardi on ...
desmoines.injuryboard.com/.../melamine-is-processed-from-coal.aspx?... - Cached -

Originally posted at InjuryBoard by Steve Lombardi

Coal Train Coming, 19-year-old driver sits on tracks

Steve Lombardi — Sat, 28 Nov 2009 12:01:00 GMT

Was the death of Brianna Culp, the 19 year old who was hit by a coal train, a suicide? That is the question police are asking as they look into the accident that happened Sunday, October 11^th 2009. Miss Culp was a sophomore at Wesleyan College in Mount Pleasant and the BNSF spokesman Steve Forsberg said that they crew on the 135-car train reported the woman was sitting on the tracks and didn’t try to get out of the way. Police are waiting on autopsy results to help determine what caused the tragic death of this young lady.

What's missing in America? What's robbing the soul of our youth? Why the feelings of emptiness and lack of purpose? Where have these lost souls wandered off too?

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

Tennessee Ernie Ford

Join me this afternoon for this painful case involving suicide by rail train. It will be an afternoon with James Joyce.

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

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

Negligence, failing to yield, other driver and passenger deaths. Who's at fault?

Steve Lombardi — Fri, 27 Nov 2009 12:01:00 GMT

On October 8^th 2009 a Ford Tempo was heading westbound on 63^rd St. when the driver failed to yield at the stop sign at the intersection of 19^th Avenue and collided with a Chevrolet Suburban driven by Jennifer Engler. The name of the driver of the Ford Tempo is not being released at this time however the two passengers in the vehicle, Paul Steven Lauritson and Stephanie Ann Dripps, died as a result of injuries suffered in the crash. Jennifer Engler and two other unnamed passengers in the Suburban were injured and taken to area hospitals no other information is available at this time.

Answering “why?” most always goes back to speed, control, paying attention and distractions along with the number one cause OWI. We don’t have a lot of details about this crash/wreck but chances are it will fall under one of these causes. The driver of the Chevrolet Suburban and all the passengers will have a cause of action against the driver. The main question being was he “negligent”, or in Iowa we now say “at fault”, which is simply a lay person’s way of saying negligence. The Uniform Jury Instructions in Iowa have gotten very user friendly. To make people friendlier to it, the courts have tried to demystify the language it uses when coming into contact with the public. Is it working? Hardly, it’s adding another layer of confusion to what we lawyers have to do in this still noble profession. I for one am tired of trying to do what McDonald’s did for the fast food industry. Dumbing down the court system for a generation who grew up on participation trophies is not my idea of streamlining the legal system.

And for the driver of the Suburban and its passenger, call us if we can help you.

Steve Lombardi

515-222-1110

sdlombardi@aol.com

Lombardi Law Firm

Originally posted at InjuryBoard by Steve Lombardi

Police Chase on I-35 in Iowa

Steve Lombardi — Thu, 26 Nov 2009 12:01:00 GMT

This accidental death raises the question, are high speed chases really necessary?

On Wednesday October 14^th 2009 at about 2:30 in the morning an officer noticed a car driving erratically; when the officer attempted to pull the vehicle over the driver refused and a chase ensued. Troopers are reporting that the driver tried to elude officers and that the chase hit speeds of 100 miles per hour. When the driver was near Ames he cut across the median and went head-on into oncoming traffic. Shortly thereafter the suspect hit a semi head-on and was killed as a result of the injuries sustained in the crash. The trucker only suffered minor injuries and refused medical attention.

Could this death have been avoided? Should law abiding citizens be put at risk from high-speed police chases? Remember I'm not talking about the runner here; I'm talking about the soccer vans and sedans with no dog in this fight who unsuspectingly get pulled into the fray when the idiot comes across the median and starts traveling against the traffic. Those are the innocent people. The driver would have no reason to driver the wrong way on an Interstate if law enforcement weren't chasing him. Why not just follow him quietly, call ahead and set up a road block or put down nail strips?

Is this about law enforcement or law enforcement ego? What if the vehicle the suspect had hit was one carrying a mother and child and the accident caused their death; would we all be congratulating the officer or outraged about the senseless deaths? At what point do we draw the line and say that the danger caused by a high speed chase outweighs the benefit gained from catching them immediately? One of the reasons that we have license plates is so that our cars can be identified in cases like these. Why not just follow until he runs out of gas? Is an interstate highway high-speed chase an unacceptable level of risk to other citizens?

The debate goes on.

Originally posted at InjuryBoard by Steve Lombardi

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

Steve Lombardi — Thu, 26 Nov 2009 10:33:13 GMT

David Cato, 19 who plays defensive back for the Iowa Hawkeyes and Ter’ran Denton, (sic) 19 a defensive back from the Iowa State Cyclones were driving on I-35 south of Purcell at 10:00 a.m. on a Sunday when the car they were in rolled after coming in contact with a semi-truck. According to the news report the trooper has the 18-wheeler being nudged before rolling and striking the embankment on the west side of the Interstate Highway.

Both Cato and Denton were wearing seatbelts. Both required medical care and treatment. It appears the most seriously injured was Denton, the Iowa State Cyclone, who was transported to the Norman Regional Hospital for a head injury. There is no indication if he suffered from traumatic brain injury or how serious and extensive his head injury.

David Cato is listed on the Iowa Hawkeye Football team roster as a sophomore defensive back from Arlington, Texas. He is listed as second on the depth chart behind Sash.

David Cato

So.

5-11/205

Arlington, TX (Summit)

Ter’ran Benton is listed on the Cyclones roster as also from Arlington, Texas and a defensive back in his sophomore year. The roster has his last name as Benton not Denton.

Benton, Ter'ran

6-0

197

So.

Arlington, Texas (Summit)

Read Lombardi on The Verdict.

Hawkeye Cato and Cyclone Benton involved in I-35 Collision in Texas...
Posted on 11/26/2009

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

Originally posted at InjuryBoard by Steve Lombardi

Motorcycles Also Have the Right to Assume Car Drivers will obey the Rules

Steve Lombardi — Wed, 25 Nov 2009 12:01:00 GMT

On October 18^th 2009 at around 11:50 p.m. Ryan Thomas Brooks was eastbound on Southwest Army Post Road when his motorcycle collided with the Dodge Charger driven by Ramonte Davis. Mr. Davis is said to have pulled onto Southwest Army Post Road to back into a parking spot when Mr. Brooks crashed into the front fender of the Dodge. Mr. Brooks was pronounced dead at the scene and police believe that speed was a factor in the accident and have said that Mr. Brooks was wearing a helmet.

Not seeing motorcycles is an often given excuse for having caused a crash with one. A proper lookout is a lookout that looks not just for the obvious, but also the less than obvious drivers, like motorcycles. As a driver you aren’t responsible for just what you saw, but for what was obviously there or that you can anticipate can be there and is lawfully using the city streets and roadways. In this instance the driver of the car is most likely the at-fault driver and can be held liable to the estate and dependents. Before backing up look, look hard and look for motorcycles. They too have the right to use the roads and to assume other drivers will obey the laws in Iowa.

Originally posted at InjuryBoard by Steve Lombardi

It's not the tree, but about control, speed and distractions.

Steve Lombardi — Tue, 24 Nov 2009 12:01:00 GMT

On October 17^th 2009 Luke Schneiders was driving east of Sioux City when he failed to negotiate the curve around the 5900 block of Correctionville Road left the roadway and hit a tree dead on. Luke Schneider died as a result of the injuries suffered in the crash. It is still unknown what exactly caused the crash and Mr. Schneiders was not wearing a seatbelt. He was driving a 2000 Oldsmobile. No word on the reason for losing control.

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

But here is what I wonder, what was the driver distraction or was it just a factor of speed. Young drivers need to understand driving on the highways of Iowa is about control, speed and driving without distractions. That is what will keep you alive. Control those three things and chances are you can control your risk of an accident.

http://www.youtube.com/watch?v=WfeGgzlrA3s

Originally posted at InjuryBoard by Steve Lombardi

Des Moines Woman dies on County Road due to a Failure to Stop

Steve Lombardi — Mon, 23 Nov 2009 12:01:00 GMT

According to the Des Moines Register, Jennifer Sue Peacock from Des Moines was at the intersection of County Road S31 and Iowa Highway 5 near HartfordThe 24-year-old failed to come to a complete stop and was then broadsided. Her 1997 Chevrolet Lumina was broadsided by Jarred Camden Roy, age 33., on Sunday October 18^th around 7:30pm.Knoxville driving a truck. Peacock died when she was involved in this reported two-vehicle collision.

You can't assume that the at-fault driver always hurts others; sometimes their fault hurts them or the passengers in their car. This is one of those cases. As lawyers who represent people we have the kinds of personalities to offer solutions. But in this case there is no viable legal solution. With these kinds of accidents the only advice we give is the advice to move on. Des Moines Register

If the facts are different then the outcome may also be different, but according to this report the fault is her’s for failing to yield the right of way. California stops don’t work. We wish her family well along with the other driver. . On this week coming up to Thanksgiving we should be thankful for the little we have and for the lives we live. Enjoy your holiday with family and friends.

Originally posted at InjuryBoard by Steve Lombardi