- Steve Lombardi | September 30, 2007 12:00 AM |
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MiscellaneousIf your child misbehaves it's not uncommon for the child to get counseling for behavior modification. It's not unreasonable for dog owners to do the same for misbehaving dogs. Dog bites can be a training day away from being safe dogs. So if you have any questions about your dog perhaps biting people be proactive and get the dog good dog training. There are several sources where owners can find...
- Steve Lombardi | September 29, 2007 11:48 AM |
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MiscellaneousThis is interesting. It's been reported by the Iowa City Police Department that a person in Iowa City is out walking and another person walking their dog approaches. As they pass the dog bites them in the leg. That's not so interesting but no information is exchanged between the pedestrians. How can that be so? The Iowa City Police Department is trying to identify the dog and its owner. The...
- Steve Lombardi | September 28, 2007 8:51 AM |
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MiscellaneousDefending criminals is better pay, I rather do that any day.I do not like your judicial pay, You should have treated me like Rachael Ray!Come rain or shine, you'll always know, I left the bench to get more dough!There are two items getting my attention today. Both are about poetic justice. The first is about an inmate who filed a federal lawsuit, and then attached an egg to...
- Steve Lombardi | September 28, 2007 12:00 AM |
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Head & Brain InjuriesThe death of Elizabeth Mohl in July 2007 prompted Wisconsin officials to revisit amusement park ride safety regulations. There is a multi-part story about ride safety done by the Wisconsin State Journal. In Iowa users and parents of children who ride these amusement rides, should themselves consider the safety issues. Of course it's never easy to do so, but looking around at the ride and the...
- Steve Lombardi | September 27, 2007 12:00 AM |
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MiscellaneousIt does happen. It did back on August 2, 2004 on Okoboji Lake in Spirit Lake, Iowa. One person was killed and a number of others injured. I grew up on the water, in the harbor along the shoreline of Bristol, Rhode Island. There are rules that if followed make this an unlikely collision. If someone was being towed or pulled was there a spotter? Was the spotter sitting where they could see? Were...
- Steve Lombardi | September 26, 2007 12:00 AM |
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Workplace InjuriesAt long as a qualified doctor says you either: 1. Can't work, or2. Are at maximum medical improvement. If on the other hand the doctor excuses you from work, but you go back to work then you're not entitled to workers' compensation weekly checks. You still get medical just not weekly checks.Healing Period (HP) [85.34(1)]During the period of recuperation from an injury which produces a permanent...
- Steve Lombardi | September 25, 2007 9:10 AM |
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Defective & Dangerous ProductsThe Vernon company that manufactures Bravo! is recalling poultry products. There are so many recalls that it would be nearly impossible to list them all. As a consumer you need to know the symptoms of food poisoning for both humans and pets. The Iowa retailer for Bravo! is Mat Kennel Supply at 3151 245th Street, De Witt, Iowa 52742. Mat Kennel Supply's telephone number is 563-659-9224. The...
- Steve Lombardi | September 25, 2007 12:00 AM |
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Automobile AccidentsI coached soccer for over ten years. When a young adult who played soccer and played it so well dies it is with a sense of great loss. I didn't know Margaret "Meggie" Malm. She played for Roosevelt High School, scored over 100 goals and helped her team to consecutive second-place finishes in 2001 and 2002 state championships. She most recently played for University of Missouri women's soccer...
- Steve Lombardi | September 25, 2007 12:00 AM |
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Workplace InjuriesIowa has it's own wind farm and more seem to be planned. Workers at the wind farms need to be careful. In Oregon a worker was killed when a giant turbine collapsed. One worker on the structure and another inside were killed and injured. A spokesman for Siemens (SEE'-menz), which manufactured and owns the tower, says the two were doing routine inspections Saturday when the tower collapsed at the...
- Steve Lombardi | September 25, 2007 12:00 AM |
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Tractor-Trailer AccidentsOn September 22, 2007 the driver of an eastbound semi-truck ended up in the Coral Ridge parking lot after losing control of his rig. The accident remains under investigation. The injured driver, Craft, was taken to the University of Iowa Hospital via Johnson County Ambulance. The Werner truck was overturned in the collision sequence. Without talking with the driver it is difficult to say what...
- Steve Lombardi | September 24, 2007 9:44 AM |
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Automobile AccidentsThis 19 year old woman who was hit died and the vehicle's driver fled afterwards. I can't think of anything more disturbing to the relatives than to not know who it was that struck and killed her. How does one get closure from such an incident? It raises serious questions about why they fled. Sobriety is the first that comes to mind. If you have information about this collision call the police...
- Steve Lombardi | September 24, 2007 9:34 AM |
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Defective & Dangerous ProductsGluten is a mixture of proteins. It is added to food products to increase the protein content. The glutenin in wheat flour gives kneaded dough its elasticity, allowing leavening and contributing chewiness to baked products like bagels. So next time you stop and pick up a bagel for breakfast you'll know more about why that bagel is so chewy. People with Coeliac Disease, are not able to digest...
- Steve Lombardi | September 24, 2007 9:29 AM |
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Defective & Dangerous ProductsA 52-year old man from New Mexico has according to the state Health Department died from botulism. State officials have not linked the man's case to this summer's recall of Castleberry's Food Co. products, but they said the man had eaten some of the recalled goods in the past and had shopped at a store that sold several recalled canned goods.The man, whose name was not released, was hospitalized...
- Steve Lombardi | September 24, 2007 12:00 AM |
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Motorcycle AccidentsThis year already 8 people have died as a result of deer coming into contact with a moving motorcycle. That should tell us something. Deer are most active at dawn and dusk. That should tell us something about riding during those hours. During those hours motorcycle drivers and riders should be hyper vigilant. From 1995 to 2005 the state of Iowa recorded 18 deaths from motorcycle-deer crashes. Of...
- Steve Lombardi | September 23, 2007 12:00 AM |
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Medical MalpracticeA jury awarded $13.5 million in damages against Broadlawns Hospital. Young Nathan Gardner has a terrible condition that will be with him the remainder of his life. And his parents will be strapped with the cost of time and money to take care of his cerebral palsy. Depriving a fetus of oxygen can cause cerebral palsy and in this case the jury saw the light of day finding liability against those...
- Jenny Albano | September 21, 2007 9:04 PM |
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Medical MalpracticeLavonne Schroeter is suing her doctor for medical malpractice. Allegedly her gynecologist accidentally cut open a tumor he removed from her ovary and never told her of the mistake. The tumor the doctor cut open spilled cancerous tissue in her abdomen and caused her cancer to spread.The lawsuit, filed in Polk County District Court by Lavonne Schroeter, alleges that Dr. Curtis Hoegh's negligence...
- Steve Lombardi | September 21, 2007 12:00 AM |
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Workplace InjuriesThe injured workers, their families and co-workers may have questions about the short and long term effects of being exposed to ammonia. As was seen in this most recent incident death can occur. Ammonia is a toxic substance the profile on ammonia is set out below. Ammonia is found throughout the environment in the air, soil, and water, and in plants and animals including humans. Exposure to high...
- Steve Lombardi | September 20, 2007 9:00 PM |
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MiscellaneousThe team called the Red Sox is our religion. With them we've learned to have hope, to despair, to suffer, to kneel and pray and to love the sinner but hate the Yankees. As a trial lawyer we await a verdict like parents do a baby. As Red Sox fans at this time of the year we await our post season fate much the same way. THE OLD FAN: I went to law school to make a difference in the lives of people...
- Steve Lombardi | September 20, 2007 9:41 AM |
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Automobile AccidentsMotor vehicle accidents caused by equipment failure include tire separation. Claims involving tire separation need to have the vehicle and the tires preserved for later examination. I can not stress this point enough.THE IMPORTANCE OF PRESERVING EVIDENCE - In the Highway 65 rollover accident of the seven people in the minivan all were ejected. The cause is apparently tire separation. There have...
- Steve Lombardi | September 20, 2007 12:00 AM |
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Workplace InjuriesYou should never be quick to settle your workers' compensation claim. In fact if you settle before knowing the full extent of your future medical needs your right to receive paid treatment in the future can be jeopardized. Some clients are anxious to settle quickly, get paid and move on. While others are overly cautions. The same can be said about attorneys. Some attorneys seem too eager to...
- Steve Lombardi | September 19, 2007 10:33 AM |
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Workplace InjuriesIt's interesting to note that pirates had the first workers' compensation program. Arr, ahoy me hearty! It be Talk Like A Pirate Day -- an' that mean it be time fer swashbucklin', pluderin', an' talkin' like the buccaneer that ye be!Arr, ahoy me hearty! It be Talk Like A Pirate Day -- an' that mean it be time fer swashbucklin', pluderin', an' talkin' like the buccaneer that ye be!Unfortunately...
- Steve Lombardi | September 19, 2007 9:28 AM |
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Motorcycle AccidentsThe Gazette reported a motorcycle rolled over "several times" after going into the ditch along Highway 151 on Monday night. The woman, Treva Rai Rich, was taken to the hospitals in Iowa City. Her condition was "believed to be life-threatening." The driver, Robert Embry went from the hospital in Cedar Rapids to the University Hospitals. Neither were wearing helmets. The Wall Street Journal ran an...
- Steve Lombardi | September 19, 2007 1:00 AM |
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Automobile AccidentsYesterday the Iowa State Patrol reported on a one-vehicle accident at mile marker 96 on Highway 65 in Polk County. The cause of the accident was noted to be "equipment failure caused the driver to lose control..." That's unusual for the police to arrive at that conclusion so quickly. The fact there were two fatalities makes it more unusual that such a conclusion would be reached so quickly. The...
- Steve Lombardi | September 19, 2007 12:25 AM |
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Property Owner's Liability (Slip & Fall)After 26 years of practicing in the personal injury area I would strongly recommend pet insurance. Dog attacks from a breed that is considered high risk places the owner's assets at risk for loss from a claim.
- Steve Lombardi | September 18, 2007 10:22 AM |
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Automobile AccidentsBlaming lawyers for the high cost of health care is like blaming doctors for cancer or undertakers for death or nurses for a patient's pain. You'd need fewer lawyers if the insurance companies treated people fairly and everyone were insured.In the 2 cents worth column of the Des Moines Register (Tuesday, September 18, 2007) there is a comment blaming lawyers for the high cost of medical care....
- Steve Lombardi | September 18, 2007 9:51 AM |
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Automobile AccidentsThere's an a collision between a Pontiac sedan travelling southbound on Elwood and a GMC 500 traveling north and making a left turn on Elwood. There are no drugs or alcohol involved. Of course the driver making a left-hand turn is more than likely the at fault driver. I can't say that categorically but it seems likely. Was the driver in a hurry? Everyone has a duty to drive using due care and...
- Steve Lombardi | September 18, 2007 9:45 AM |
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Motorcycle AccidentsAn accident in Davenport left a motorcyclist in critical condition. It was reported by the Des Moines Register that, Jan Deverwaere was in critical condition Sunday, said a spokeswoman for Genesis Medical Center in Davenport.Police said Deverwaere was driving a motorcycle westbound on West Sixth Street about 5:30 p.m. and turned right onto North Division Street.The motorcycle apparently crossed...
- Steve Lombardi | September 18, 2007 8:58 AM |
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Automobile AccidentsAccording to WHO's online edition, the police still don't know what caused a college student to stray into the breakdown lane and then to crash into an RV at mile marker 106 on the southbound shoulder or I-35 on Saturday. At first glance you might think this is an unusual occurrence but it's not all that unusual.This law office recently handled a similar crash case on I-80 eastbound in the...
- Steve Lombardi | September 18, 2007 12:00 AM |
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MiscellaneousIt was September 2, 1977 that the U.S. Consumer Product Safety Commission issued Release # 77-096 putting a final ban on lead-containing paint. So why is it that in 2007, thirty-years later, manufacturers' continue to expose children to lead-containing paint on toys? Make all the excuses you want for Chinese manufacturers and Mattel can apologize until the cows come home, but we are talking a...
- Steve Lombardi | September 18, 2007 12:00 AM |
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MiscellaneousIt is said that playing football doesn't build character; playing football reveals the character within. Now I heard a rumor that some Cyclone football players quit after seeing how hard practices were under Coach Chizik. If it's true those players missed out on an opportunity to see what character lies within them. Okay, I'm in Ames on Saturday for the big game and on Shannon's refrigerator is...
- Steve Lombardi | September 17, 2007 3:50 PM |
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Automobile AccidentsKCCI reports that Sunday, September 17, 2007, near Walker two snowmobiles collided in Linn County! The weather Sunday was in the 70's with no snow. Oh I see both men were charged with drunk driving! For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.
- Steve Lombardi | September 17, 2007 2:50 PM |
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Motorcycle AccidentsApparently I had less than all the facts earlier when I wrote about this accident on Highway 218 in Waterloo involving the Brayton boy and the Wright couple. It seems there was a second motorcycle being driven by a Mr. James Graham of Brandon.His injuries were reported as possible life-threatening and he was airlifted to Iowa City Hospitals. The same issues concerning liability as stated in my...
- Steve Lombardi | September 17, 2007 2:00 PM |
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Automobile AccidentsA blue Oldsmobile and Chevrolet Cavalier collided in the 4800 block of Hubbell Avenue last Thursday. It was reported that the Oldsmobile, being driven by Veronica Brown crossed the center line.In 26 years of practicing civil trials there aren't that many good excuses why your car crosses the center line. The center line is there for a reason and I'm not sure why this one did but when it does an...
- Steve Lombardi | September 17, 2007 1:18 PM |
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Motorcycle AccidentsIt's been reported that two motorcyclists, a husband and wife were killed by a car that crossed the center line on Highway 218 last Thursday night. It was reported that the driver of the car, a 17 year old boy, fell asleep at the wheel while driving just after 11:00 PM. I'm not sure why anyone would fall asleep while driving that early in the evening but there can be many causes. If there is no...
- Steve Lombardi | September 17, 2007 1:10 PM |
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Automobile AccidentsOne took place in Story County and the other in Linn. In each the victim was serious injured or dead. Under Iowa law all drivers have a duty to stop and render assistance when involved in a motor vehicle accident. That includes exchanging information. The Story County driver was apprehended, arrested and charged with vehicular homicide. There was no information available about toxicology...
- Steve Lombardi | September 17, 2007 12:00 AM |
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Automobile AccidentsThe gravel roads in rural Iowa can cause havoc to unsuspecting drivers and their passengers. Fatalities and serious injuries are the result of the front tires going off onto the shoulder such as occurred in Wright County, Lake Mills, Iowa on August 31, 2007. After the front tires go off the roadway, the car can be pulled sideways causing it to roll.Of course the driver is legally responsible for...
- Steve Lombardi | September 16, 2007 12:00 AM |
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Tractor-Trailer AccidentsJust because it's never happened to you don't take that semi-truck load in front of you for granted. It may not be as secure as you believe. If the load on a truck falls off, as it did on Lu Ann Kleemeyer, it is the trucking company and driver that are responsible. Of course the insurance company will certainly blame you for not paying enough attention.Car and other vehicles following a truck...
- Steve Lombardi | September 15, 2007 12:00 AM |
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Workplace InjuriesMany workers ask if after an injury they are permitted to pick a doctor of their choosing. And the answer is no. In Iowa the employer pays for medical care to treat an injured worker and the employer gets to choose who they send you to. That's good from the standpoint of there being no deductible or co-insurance payment by the worker but not so good from the standpoint of who chooses the doctor....
- Steve Lombardi | September 14, 2007 12:00 AM |
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Workplace InjuriesWell the answer to that question depends on whether or not you're getting a weekly check from workers' compensation insurance or not. If you are you have three years from the last date when you received a check. If the claim is in dispute, and that's pretty obvious when they don't pay you right away, then you have two years from the original date of injury.And if you think the original date of...
- Steve Lombardi | September 13, 2007 1:43 PM |
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Property Owner's Liability (Slip & Fall)Public opinion is now moving toward allowing or requiring Campus Security Officers to pack heat. The current thinking is that if every pimple faced security officer is packing heat our kids will surely be safer. But from what is my question? If the kid from Virginia Tech knew the campus police would be armed would he have not attacked or come better prepared with more ammunition? The only way...
- Steve Lombardi | September 13, 2007 12:00 AM |
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Workplace InjuriesWhat do you do when your boss, your employer, hasn't got workers' compensation insurance coverage? I wish there was an easy answer, but there isn't. Iowa law allows you to sue the employer for more damages than you can get compensation for under workers compensation but that isn't always as satisfying as it might seem because as the old saying goes, "You can't get blood from a turnip." If they...
- Steve Lombardi | September 12, 2007 12:00 AM |
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Motorcycle AccidentsI found a report of a woman riding her motorcycle and confronted with a drunk driver turning left of center in front of her. She then t-boned the vehicle and ended up in the hospital. It was reported in Bikerchicknews.com. We all wish no one would drive drunk, but they do and we know it. And their perceptions are not as clear nor are they as quick to react - so you need to be. Drive like no one...
- Steve Lombardi | September 11, 2007 10:03 AM |
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Workplace InjuriesIt's been reported that the leak was caused by work being performed by an outside contractor. BPI spokesman Rich Jochum blamed the leak on work being performed by an outside contractor.So please tell us what company was the outside contractor? Who was in charge of supervising the job? And where were they when the leak occurred? For more information on this ubject matter, please refer to the...
- Steve Lombardi | September 11, 2007 12:01 AM |
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FDA & Prescription DrugsThe company that produces OxyContin, Purdue Pharma, has agreed to pay a $634 million settlement to the defendants involved in the case. This settlement is 90% of profits that Purdue Pharma made on OxyContin during the offense.Purdue Pharma admitted that some of its employees violated prescription regulations for OxyContin, a strong painkiller. The company also acknowledged that its "fraudulent...
- Steve Lombardi | September 10, 2007 12:00 AM |
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Workplace InjuriesFollowing an injury the bills keep coming in and your kids are still hungry. So how do you pay the bills when you're not working? In Iowa you will receive a weekly compensation check. The amount is different for most employers because it is determined based upon whether you're married or single, the number of your dependents, how much you earn per hour and how much you earned for the thirteen...
- Steve Lombardi | September 09, 2007 12:00 AM |
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Workplace InjuriesSo when do you get your first check? Usually you'll wait four days, and then it will start. And if you're out of work for at least ten days the insurance company will make up the first few days that you weren't paid. But that's not always the case. If it's pretty certain you'll be out of work for more than ten days most insurance companies will begin paying you from the first day you're out of...
- Steve Lombardi | September 08, 2007 12:00 AM |
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Workplace InjuriesDid you know that if you are receiving workers' compensation benefits, according to Iowa law you are entitled to be paid mileage for going to and from medical and doctor's appointments? Well, you are so keep track of your mileage and turn it in to the insurance company. They will pay you according to the going mileage rate. The law provides for the payment of all reasonable and necessary medical...
- Steve Lombardi | September 07, 2007 9:54 AM |
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Automobile AccidentsAt least that is what the defendant's lawyers will say. Five young teenage girls from the Ames cross-country team of Ames High School were reported to be in a car collision at 580th Avenue and Lincoln Highway in Story County. Several of the girls were taken to the hospital, one in serious condition. I had a friend who once told me he and his wife researched the issue of what vehicles had the...
- Steve Lombardi | September 07, 2007 8:40 AM |
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Workplace InjuriesAn injured worker has the right to seek damages for injuries suffered through the negligent acts of a independent contractor or company, that is not their employer. It's been reported the leak at the Waterloo plant is being blamed on an outside contractor. BPI spokesman Rich Jochum blamed the leak on work being performed by an outside contractor.For more information on this subject matter,...
- Steve Lombardi | September 07, 2007 12:00 AM |
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Workplace InjuriesIf you're injured on the job there are certain rules you must follow or you give up the right to receive workers' compensation benefits. Follow these simple rules.1. Note how you were injured.2. Report the event and that you are injured to your supervisor.3. Seek immediate medical attention, if required.4. Make notes of the date, the time of the injury, names of any witnesses, the place...
- Steve Lombardi | September 06, 2007 12:10 AM |
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Workplace InjuriesThe ammonia leak in Waterloo at the Beef Products Inc. plant may actually give rise to an independent claim. Besides the workers' compensation claim there may very well be a third-party claim against the contractor whose workers were responsible to close the valve that lead to the death and serious injuries. In cases where a workers' compensation claim also gives rise to an independent cause of...
- Steve Lombardi | September 06, 2007 12:00 AM |
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MiscellaneousOkay you got two creative young employees looking for an outlet to use their creativity. So the two, I'll call them the Produce-Two make a video at work in the grocery store where they work. The employer learns it's posted on YouTube and after watching it fires them. A word to the wise, to the young people with a creative streak in you; watch what you put on YouTube because it can come back to...
- Steve Lombardi | September 04, 2007 11:00 PM |
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Workplace InjuriesIf a separate company from Beef Products, Inc. was working at the BPI plant and responsible to make sure to close the valve that lead to the workers being injured and one killed, then there is an independent cause of action against the offenders. That claim is separate and distinct from the workers' compensation claims. The two claims can proceed together and who get's paid what will be sorted...
- Steve Lombardi | September 04, 2007 11:48 AM |
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Automobile AccidentsYoung drivers, those sixteen to twenty-one account for many of the deaths from motor vehicle accidents. Passengers are often times very young, fourteen to sixteen. And it is the passengers that often times are either seriously hurt or are killed. The time of the accident is often times at night. They are not as skilled as adult drivers and lose control on gravel roads so common in rural Iowa....
- Steve Lombardi | September 04, 2007 12:07 AM |
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Defective & Dangerous ProductsAbbott's Meat Inc., a Flint, Michigan-based company, has issued a recall after a routine inspection by the U.S. Department of Agriculture uncovered possible E. Coli bacteria contamination in some of the meat products. Edward Abbott, head of the company, has said that most of the meat in question has not left the warehouse.The company has voluntarily sent out trucks to pick up the questionable...
- Steve Lombardi | September 03, 2007 9:18 AM |
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Property Owner's Liability (Slip & Fall)If you want a comprehensive list of state laws regulating animals here it is from the Michigan State University College of Law. In my experience with cases from dog bites it's usually a child whose interests are affected. But we have had adults as well. For those without the ability to access the link type this link in your browser. http://www.animallaw.info/statutes/
- Steve Lombardi | September 03, 2007 8:49 AM |
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MiscellaneousThe Wall Street Journal law blog provided a link to "Weird Al Yankovic's video titled, "I'll Sue Ya." I watched it. Al should spend his time watching Mr. Fancy Pants. Here is my response to the Wall Street Journal blog. First of all why are the tort-deform cheerleaders not using their legal names? Sorry to keep asking that question but if you can't sign your name to it then you probably...
- Steve Lombardi | September 03, 2007 12:00 AM |
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MiscellaneousImagine that anyone who wouldn't be able to sell a tainted recalled toy would turn around and use a middle man to sell those same toys on EBay? It's happening. A word to the wise, know what you're buying on EBay when it's in the same category as those products being recalled.eBay says it does not permit any item recalled by the Consumer Product Safety Commission (CPSC) and even provides a link...
- Steve Lombardi | September 02, 2007 12:00 AM |
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MiscellaneousSo you're involved in a law suit and it's time to have your deposition taken. There are rules for surviving a deposition. If you follow them you will get through it. First thing you need to do is read these rules and then re-read them and re-read them again. Many clients think if they blurt out as much information as they can as quickly as they can the deposition will get over faster. That...
- Steve Lombardi | September 01, 2007 12:00 AM |
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Defective & Dangerous ProductsConsumers warned to check hotel toothpaste tubes Updated Mon. Aug. 13 2007 7:08 PM ETCanadian PressCanadian consumers are being asked to check their medicine chests after a voluntary recall was issued for a Chinese-made toothpaste distributed in some Canadian hotels. The toothpaste could contain a harmful chemical found in antifreeze. Indianapolis-based Gilchrist & Soames, which supplies...