- Steve Lombardi | December 30, 2007 12:00 AM |
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Workplace InjuriesOver $1 million in fines proposed as a result of an ammonia leak at a Waterloo meat packing plant. Over $1 million in fines have been proposed by the Iowa Division of Labor against those it believes were in violation of Iowa's laws when ammonia leaked and took the life of Elizabeth Myers and several other workers to the hospital. This is an indication of serious violations and the fact there are...
- Steve Lombardi | December 29, 2007 12:00 AM |
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MiscellaneousAfter filing the Petition, don't fall for the insurance adjuster's claim to not serve the Defendant while settlement negotiations progress. After Henry v. Shober and Antolik v. McMahon there is no reason to intentionally delay service of process. Know your rights and protect your clients. In this case, Antolik v. McMahon, 112/06-0918 (Iowa 2007) the plaintiff's case was dismissed by the Iowa...
- Steve Lombardi | December 29, 2007 12:00 AM |
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MiscellaneousHere is an ad for the iPhone being used by a lawyer as shown on YouTube. Simply created it still is very effective in demonstrating the power of the digital information age. Watch it and you have to wonder where we will be in just five short years.
- Steve Lombardi | December 24, 2007 12:00 AM |
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Workplace InjuriesIs the pickax victim entitled to Work. Comp. benefits when he's hit in the head by a coworker? Fighting on the job may or may not be covered under the workers' compensation act. It all depends on the facts. Is the pickax victim entitled to Work. Comp. benefits when he's hit in the head by a coworker?The Sioux City Journal reported that an Ellsworth, Iowa man was charged with willful injury after...
- Steve Lombardi | December 23, 2007 4:00 PM |
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Defective & Dangerous ProductsI applaud Tom Miller, the Iowa Attorney General, for recommending the legislature allow consumers to directly sue for fraud under Iowa Code section 714.16.I applaud Tom Miller, the Iowa Attorney General, for recommending the legislature allow consumers to directly sue for fraud under Iowa Code section 714.16. The Consumer Rights Act bill would give Iowa consumers a "private right of action"...
- Steve Lombardi | December 23, 2007 12:00 AM |
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Wrongful DeathThere is a report of a car-pedestrian collision in the Leland area. A 79 year old gentleman is crossing Highway 69 in Winnebago County. The report indicates on the way he is struck by a car traveling northbound on Highway 69. It may seem simple to many but not so to a trial lawyer. There are many unknown facts that you need to know before deciding on which is at fault of more at fault for the...
- Steve Lombardi | December 22, 2007 12:00 AM |
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Wrongful DeathWhy does the federal law exempt any vehicle whose rear height is high enough to decapitate a driver or passenger? When will the manufacturing of buses add this very simple safety design feature that will save countless lives like that of Mr. Buseman? I read about the Buseman boy crashing into the rear of the school bus on October 24, 2007 in Wright County. The first thought that occurred to me...
- Steve Lombardi | December 21, 2007 12:00 AM |
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Workplace InjuriesOn November 2, 2007 four Superior, Wisconsin workers were found dead in a confined space. This is the second time I've blogged on confined space deaths associated with asphyxiation. (See Iowa Workers' Compensation - Death caused by sewer gas. December 14, 2007. ) Four workers from Superior, Wisconsin were overcome by toxic vapors after entering a manhole to unplug a blockage in the village. ...
- Steve Lombardi | December 20, 2007 12:12 AM |
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Defective & Dangerous ProductsSimplicity cribs have been recalled. There are about 1 million cribs subject to this Consumer Product Safety Commission recall notice. If you purchased a crib, any crib, between the dates January 1998 through May 2007 look closely at the manufacturer's name along with the model numbers. This could be a life or death situation for your child. And whether or not you or the store where you...
- Steve Lombardi | December 19, 2007 6:20 PM |
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MiscellaneousYou know Carol, I've read your response, Lombardi's Response to My Post on Listservs, and can't agree. I still don't think you get my point and the point you advance is not one I can buy into nor do I believe any lawyer should find this practice acceptable. Your premise is that even bad lawyers who get equally bad advice at least can now cite a case (given to them by a member of a LISTSERV) in...
- Steve Lombardi | December 19, 2007 12:00 AM |
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Automobile AccidentsThe Iowa City Press-Citizen reported Doug Hart, an Iowa City police officer was struck and injured as he swept up debris in an intersection. This is an example of a driver clearly being distracted while driving her minivan. The women said the impact tossed Hart back several feet, slamming him into the pavement. Drea said he got up momentarily before falling back onto the curb. Hart was easily...
- Steve Lombardi | December 18, 2007 12:00 AM |
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Defective & Dangerous ProductsThe Government of Canada launched Healthy Canadians, a website that people can look to as a single source for recalled items. That site may have more information than is available on the CPSC or the FDA sites.Know your rights, protect yourself and your family and be vigilant against tort deform.
- Steve Lombardi | December 17, 2007 12:30 PM |
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MiscellaneousI'm not advocating for the destruction of the LISTSERV, quite the opposite. What I am advocating for is for better mentoring and that will require trial lawyer associations that operate LISTSERV's to do a better job of monitoring and policing them so as not to discourage more experience lawyers who then quit. Because without those more experienced lawyers any mentoring younger lawyers receive is...
- Steve Lombardi | December 17, 2007 12:00 AM |
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MiscellaneousI was a supporter and advocate of lawyer LISTSERV'S. I still am but without proper supervision they are in my opinion being misused. Is this misuse detrimental to the client's interests? I'm not sure; but my gut tells me the answer is yes. I foresaw LISTSERVs as a way for lawyers to join together to share information allowing us to become better advocates for our clients. Also it would be a way...
- Steve Lombardi | December 16, 2007 12:00 AM |
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Tractor-Trailer AccidentsMotorcycles are difficult enough for drivers to see, but add bulky farm machinery to the already busy roads and we have to wonder if that is a reason for seeing more motorcycle accidents. Also the field cover is being cleared so and that may increase deer movement across highways. Is the fall a time when motorcyclists need to be even more cautious? Deer are more active at dawn and dusk, so...
- Steve Lombardi | December 15, 2007 12:00 AM |
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Automobile AccidentsThis is an example of why we all need to slow down, leave more room between us and the car in front and to avoid distractions. The Buena Vista County sheriff's report says it all. We have a car slowing down on US Highway 71 to check her mail; the van behind her slows and is struck from behind by a pickup truck. The van is then pushed into an oncoming semi-truck and three occupants of the van are...
- Steve Lombardi | December 14, 2007 12:00 AM |
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Workplace InjuriesWorkers working around sewer gas need to be aware they can be overcome by hydrogen sulfide. This is what happened to two young workers working in 600 feet of underground sewer pipe. After being overcome by the gas they collapsed and drowned. How could and can this be avoided? The first thing wrong was neither was wearing a respirator. The worksite had stood undisturbed for ten or more days just...
- Steve Lombardi | December 13, 2007 12:00 AM |
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Workplace InjuriesThere is a right way to report an injury. Let us first identify a common problem. What most people do is tell someone verbally, who they later can't identify, that they were hurt. Six months later that someone is no longer with the company or claims not to remember. If they do recall the incident they don't remember it the same way you do and now we have a conflict as to the basic details of how...
- Steve Lombardi | December 12, 2007 12:00 AM |
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Workplace InjuriesIf you are injured outside of Iowa can you get Iowa workers' compensation benefits? The answer is sometimes you can. A lot of workers don't work in just one state. So when they are injured in what state should they be paid workers' compensation? As an example, over-the-road truck drivers often times find themselves driving through many states along the interstate highway system and wreck outside...
- Steve Lombardi | December 11, 2007 12:00 AM |
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Medical MalpracticeMost of these bad-result surgical cases are as a result of a known risk of procedure. One such case I looked at was for clipping the saphenous nerve during a knee reconstruction surgery. Others have to do with infections when the bowel is clipped during the surgery. Terrible results from seemingly common low-risk surgical procedures. And the patient is first disappointed, then frustrated and...
- Steve Lombardi | December 10, 2007 12:00 AM |
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FDA & Prescription DrugsThe Quaid's lawsuit is playing right into the hands of the tort-deformers. It will do nothing for the little guy which is what they want. No changes that might in some way affect their bottom dollar. In the end it will be same-ole-same-ole. Quaid's Quaid's Go AwayCome again some other way!It's been reported the Quaid's are suing the drug company involving the Heparin versus Heplock labeling that...
- Steve Lombardi | December 09, 2007 12:00 AM |
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Wrongful DeathA Polk County jury awards nothing to the parents for love and companionship when their daughter is killed. Some people justify it by saying money won't bring her back. Heck, if I shot a deer out of season the Iowa DNR would get $20,000.00. The State of Iowa would get more for a frog killed out of season than my clients were awarded for the investment of their time, energy, love and money in the...
- Steve Lombardi | December 07, 2007 12:00 AM |
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Automobile AccidentsIt was reportedthat the poor Vunk girl who collided with a school bus ended up in the hospital. Police were speculating about what may have contributed to the collision. They speculated the sun may have been a factor. I just recently handled a similar collision between a Bremer County dump truck and a Waverly School District bus full of children. That driver alleged the sun was also a factor. A...
- Steve Lombardi | December 06, 2007 12:00 AM |
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Defective & Dangerous ProductsYou can sign up for automatic alerts by signing up at the U.S. Recall News site. It's not a government site but does list those products recalled by the US government agencies of various disciplines. That's a heck of a lot easier than individually checking each agency. It is a screening site for lawyers so be aware it's not a government site or been approved by any agency. They may miss...
- Steve Lombardi | December 05, 2007 12:00 AM |
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Automobile AccidentsI had previously reported on an accident in the 3800 block of Hubbell involving Veronica Brown and Rex Hill. In that collision the police used the Jaws of Life to rescue both drivers. This is the kind of news that can keep me pretty busy thinking about various things. For one thing the Jaws of Life...The Jaws of Life is actually a brand of tools that is trademarked by the Hurst Jaws of Life...
- Steve Lombardi | December 04, 2007 12:00 AM |
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Workplace InjuriesThis is an example of what kind of accident that raises many questions that only a lawyer can answer. Filming the Final Season isn't close to being the final questions that should be asked. A film crew was filming the Final Season, a film about the 1991 Norway High School baseball team that won the state championship in the year previous to a merger with a larger district when the helicopter...
- Steve Lombardi | December 03, 2007 12:00 AM |
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Defective & Dangerous ProductsThe Boy Scouts of America get a D for effort and an F for planning. It's been reported that 1.6 million merit badges for Cub Scouts supplied by Kahoot Products Inc. of Roswell, Georgia were painted with lead-based paint. Here is where they get the F for planning. Why wouldn't the Boy Scouts of America create a program where local troops could earn some money making these badges instead of...
- Steve Lombardi | December 02, 2007 12:00 AM |
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MiscellaneousFrom the article written in the WSJ it's not easy to appreciate the truth of what actually happened between Judge Lackey and these lawyers. But the slant on the WSJ Editorial of November 30, 2007, The Trial Bar on Trial, it is pretty obvious the editorial board is prejudiced against trial lawyers in general. Your prejudice is palpable. I'm a trial lawyer who has none of the Katrina Group...
- Steve Lombardi | December 02, 2007 12:00 AM |
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Automobile AccidentsHow long should I wait to sue? Wait too long and you have no case and no one in the Court system will offer your any sympathy. The best advice is you shouldn't wait even one week. Why? Because there are so many rules created to defeat your case that only those who are trained in the law can possibly know the rules and how to preserve your claim.How long should I wait to sue? Wait too long and...
- Steve Lombardi | December 01, 2007 12:00 AM |
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Workplace InjuriesPersonal injury is a broad area of the law having to do with civil wrongs to a person. People are "injured" in many ways. Some times it's not just about a bodily injury. It could be legal malpractice or libel and slander, it could be damage to a person's reputation or damage caused to a claim they have against another. It might even be damage to their business. We call it personal injury because...