Des Moines Personal Injury Lawyer - Head & Brain Injuries

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

Pedestrian killed by Metrobus in DC, Not an isolated incident

Steve Lombardi — Thu, 12 Nov 2009 13:40:00 GMT

According 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. The D.C police said she was at the Mount Olivet Road stop between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

The case is under investigation, and the bus driver’s blood was tested, and they were placed on paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.” They need to determine more precautionary methods because this issue is a serious one:

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

Pedestrians too have an obligation to use heightened safety measures. When walking the city streets have your head on a swivel; meaning, look all around you as you step into the street. Stop before you step off the sidewalk into the street. Look both ways several times. We are all in a hurry, or so it seems. Many people seem distracted with this economy and the mess Wall Street and Washington have created for those who don’t get multi-million dollar bonuses and “campaign contributions”. Most of the people who work for enough just to pay the rent and to put food on the table are most likely depressed. But raise your head up and look carefully before you step into the street, because the bus drivers are more like you and I then the Wall Street crowd; and they too are just as distracted.

And remember the words of Michael Conrad just before he sent his troops out on the streets

http://www.youtube.com/watch?v=T2QApwtE8zQ

Originally posted at InjuryBoard by Steve Lombardi

Cheer Safety Clinic in Louisiana

Steve Lombardi — Sat, 31 Oct 2009 08:58:00 GMT

Becky 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.

This clinic is designed to offer low-cost training for cheer coaches, while providing an excellent opportunity to educate these individuals on safety awareness, the value of good sportsmanship and leadership goals. Cheer coaches will have the opportunity to attend a variety of workshops and roundtable discussions on multiple topics in the sport of cheerleading. Workshops may include conditioning for cheerleaders, choreography, pep rally ideas and much more! To view a tentative clinic agenda visit the “Annual Convention” link on the LHSAA website. This agenda is not official, and is subject to change.

If you’re a cheerleading squad coach in Louisiana follow the link to read the entire article. Remember the high school years are some of the best times of you life. Be safe!

Originally posted at InjuryBoard by Steve Lombardi

Chicago Woman Pedestrian Struck by Distracted Driver

Steve Lombardi — Fri, 30 Oct 2009 23:25:00 GMT

I 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. Being a pedestrian in Chicago is a dangerous way to travel if your head isn't on a swivel.

Here is the report from the 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 Startbucks 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. Hwang was on westbound Randolph turning left onto southbound Clark while talking on his cell phone, and hit Gray-Moores. He said he did not see her until she had already hit the front of his car. Hwang’s ex-girlfriend was in the car and warned him of the woman but testified that he did not listen to her warning.

Gray-Moores was brought to Northwestern Memorial Hospital, and then had “a fusion at L5-S1 performed by Dr. Christopher Bergin at Oak Park Hospital.” She has since moved to Wisconsin.

It is reported that in court Gray-Moores was “granted leave to seek punitive damages at the time of trial and Mr. Hwang provided pertinent personal financial information for use at trial. Settlement discussions accelerated at that point and Mr. Hwang's $2,000,000 umbrella policy was tendered.”

Originally posted at InjuryBoard by Steve Lombardi

Continued Debate over Taser Use in Texas

Steve Lombardi — Thu, 29 Oct 2009 10:14:00 GMT

What 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. What has never been discussed or debated is whether the Taser works as it is intended to and how long they function in a reliable manner. Now take a look at this case. I have to wonder if the reporting by the officers should include in their reports how long they actually caused the voltage to be applied. Meaning did the Taser take over and jolt the arrestee longer than the officer intended.

According to a Star Telegram online article, Tasers are gaining acceptance, though there are some still who will not issue this weapon, such as Tarrant County Sheriff Dee Anderson. There are many that are issuing Tasers and believe it is a safer and a more beneficial option to guns. A recent case involving use of a Taser which killed the victim, has spurred this discussion once again.

Opposing Taser Use

The case of Michael Patrick Jacobs, age 24, gives evidence against the use of Tasers. Jacobs’ parents called the Fort Worth police because their son was creating problems for them. When the police arrived, he became aggressive, and was shot twice with a Taser, dying on April 18, 2009. According to the autopsy report done by Tarrant County Medical Examiner Dr. Nizam Peerwani, it was found his body was shot for 49 seconds during the first jolt, and 5 seconds the second time. His body was also found not to have contained any drugs and Peerwani ruled his death a homicide. It was reported that the police officer who pulled the trigger on the Taser did so for 49 seconds “unknowningly.”

http://cbs11tv.com/video/?id=45838@ktvt.dayport.com

“The Jacobs family is suing the city of Fort Worth and the Police Department for wrongful death.” Lt. Paul Henderson, chief of staff for the Fort Worth police department, said the case is undergoing investigation and is expected to go to a grand jury.

“Amnesty International reported this year that 351 people have died after being stunned with Tasers in the United States since June 2001. The organization has called on governments to suspend their use or limit them to life-threatening situations.”

Favoring Taser Use

Sheriff Departments which employ Tasers in Texas include Bexar, Dallas, Harris and Travis counties, as well as locally, more than 10 police departments (including Arlington, Dallas/Fort Worth Airport and Fort Worth) have trained their officers and equipped them with Tasers. “Proponents say officers who use Tasers, which deliver a 50,000-volt shock that can temporarily immobilize a suspect, fire a gun less often, helping protect both the suspect and officer in potentially deadly situations.”

It was reported that a 30% decrease in police shooting has occurred in 2000-2008 compared to the time period of 1992-2000, due to increased implementation of Tasers.

There is conflicting evidence that longer duration of taser jolts will cause death, which was suspected in Jacobs’ case. Dr. Jose A. Joglar, an associate professor of internal medicine at the University of Texas Southwestern Medical Center at Dallas, has said “there is no evidence longer duration Taser applications would necessarily put the heart at a higher risk of arrhythmia since the energy for each pulse is still low."

Tasers are growing in numbers, according Taser International’s website they have “sold more than 406,000 devices to law enforcement agencies in 29 out of the 33 largest U.S. cities.”

All agencies that purchase and give officers the use of Tasers, “must undergo at least six to eight hours of training, yearly certification and, in some cases, experience being stunned, according to the agencies and Taser officials.”

There are opposing views, among the public and enforcement officials, on whether Tasers should be used by police officers. Despite this, the truth of the matter is Tasers are growing in number among officers and departments.

See related blog on Texas Sheriff Refuses to Issue Tasers to his Officers.

Texas Sheriff Refuses to Issue Tasers to his Officers

Steve Lombardi | October 28, 2009 2:24 PM | 2 Comments Des Moines, IA

Originally posted at InjuryBoard by Steve Lombardi

Texas Tandem Bicyclists Killed

Steve Lombardi — Thu, 22 Oct 2009 10:59:00 GMT

This 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. The accident happened at around 10:45 a.m.. The pickup truck drug the bike 200 feet from where they collided.

The police didn’t suspect alcohol played any part. They say the driver lost control of his F-150 pickup truck before veering off the roadway onto the shoulder and then striking this mother and father.

And why were they out riding? Because several years ago they were involved in another accident; a head-on collision where they almost died, were severely injured and needed to keep in excellent physical condition. The workouts helped them physically and mentally I’m sure.

The legal issues, as well as the social issues are speed, lookout, driving with due care and being a distracted driver. What’s with not slowing down as driver’s approach a slower moving vehicle or in this case a bicyclist? I’ve noted a certain level of anger displayed by car and truck drivers toward those sharing the road on a bike. It’s not just foolishly ridiculous, it can be criminal. For a second forget the people on the bike and think of the child waiting at home. Some Iowans recently started a petition asking the legislature to prohibit bicyclists from riding on county roads during the harvest. With America trying to “Go Green” to save fuel and with the economy in the tank it’s difficult to support such a measure. I think what should happen, would include people putting down the digital distractions and paying attention to their driving.

How about the driver recently charged with playing a video game while allegedly driving with his knees.

Distracted Driving - Did a DUI by video really kill two people ...

Oct 19, 2009 ... It's being alleged that Mr. Reddick was steering with his knees while ...
www.lombardilaw.com/.../distracted-driving-did-a-dui-by-video-really-kill-two-people.cfm -

By the way, these two people were wearing bike helmets and it didn’t save their lives. It’s pretty sad for the daughter.

I’ve been struck by a truck while riding a bike when training for a triathlon. Here is a video example of a small motorbike-car crash. It’s pretty graphic so avoid it if you’re easily bothered by such things. The second video is a bike rider not looking where he’s going and swerving into a car’s front fender. He was lucky he didn’t get run over after the first collision. Folks give the road rage a rest. Your attitude is set the minute you get into the car. So before you put it into gear, sit for a second, relax and leave whatever is bothering you out of the driver's seat. An angry driver does rash and stupid things.

http://www.youtube.com/watch?v=tbroNClq7l4

http://www.youtube.com/watch?v=DvWJsxI8Vz4

Originally posted at InjuryBoard by Steve Lombardi

Pedestrian Safety - Parking Lot Demolition Derby

Steve Lombardi — Tue, 20 Oct 2009 14:10:00 GMT

On September 19^th 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.

What caused this vehicle to veer out of control? What was her distraction?

Today we're on the Blues Train with harmonica players. I've reported on two train-car collisions and thought it appropriate even for this wreck.

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

Originally posted at InjuryBoard by Steve Lombardi

Iowa Crash in Rural Mahaska County

Steve Lombardi — Mon, 21 Sep 2009 14:26:00 GMT

Early 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. There were three others injured by the accident and were brought to the Mahaska County hospital. The conditions of all involved are currently unknown. The news report doesn't give us many details. It's a truck, but we don't know what kind. There are five people injured but few details.

What causes accidents is an interesting subject. In this case the cause is noted to be partially due to alcohol consumption. But what causes the increased consumption of alcohol? Is it the economy, youthful exuberance or some festive event? Legally it probably doesn’t matter, but let’s talk about it just the same. With the economy being in a recession alcohol is a way of drowning out the misery. Wall Street gets a trillion dollar bailout that includes billions of dollars in bonuses and what did Main Street get? The shaft. We got higher taxes, more debt and a front row seat watching our trade deficit increase. We lack jobs and it has to do with the influx of foreign goods and not selling American goods. So when I’m sitting at a stop light why do I see so many foreign cars? Don’t people understand the relationship between America’s economic health and whose goods you purchase?

We are like sheep being lead to slaughter. Too dumb to turn around and head in another direction.

Tort reform is sort of like that. A professional makes a mistake, causes an injury or the death of the patient or client and tort reform says the patient pays. We must be incapable of reason at this point in American history. I can see no intelligent way of understanding this issue from the other side. The only rational explanation is one of greed.

And by the way, the driver is probably still liable to this passenger, but recovery may depend on the passengers' complicity in the drinking activity. Complicity under Iowa law can bar a passenger’s claim even though the driver is negligent. For the passenger, see an attorney.

Originally posted at InjuryBoard by Steve Lombardi

What’s the difference between legitimate and excessive force?

Steve Lombardi — Thu, 17 Sep 2009 12:05:00 GMT

Watch 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

Are Iowa’s Autistic Kids Being Denied Autism Testing?

Steve Lombardi — Sat, 27 Jun 2009 14:33:00 GMT

A Michigan class action lawsuit has settled for $1 million dollars to reimburse 100 families for the expense of testing their infant children for autism. BCBS has a way of using the experimental contract exclusion clause for denying claims. After settling Michigan’s BCBS said it will offer extended autism coverage to children 1 to 5 years of age.

This isn’t a new tactic by the Blues. Just this past week I received a call from a person who the Blues pulled the same experimental exclusionary clause designation involving a spine surgery implant. This was after giving the doctor’s office approval to cover the surgery.

If you’ve been denied coverage by your health insurer for autism testing see a lawyer for assistance. There are lawyers on the InjuryBoard who would be interested in helping you and if enough were assembled a class action may be warranted.

Many states are now requiring coverage and have legislated compliance by the insurance industry. With Iowa’s Blue Cross Blue Shield chief having doubled his pay to $2.5 million the Iowa Blues isn’t hurting for premium dollars. Autism affects about 1 of every 150 births.

Autism is diagnosed in about one of every 150 children. The disorder is characterized by impaired communication and socialization. Des Moines Register

Iowa’s Head CEO of BCBS Comes Down with the Swine Flu, Treatment is Costing Iowa $2.5m

The CEO of Iowa’s Wellmark Blue Cross Blue Shield has been increasing his pay at the rate of having it doubled in the past five years and now is set at $2.5 million for 2008.

My guess it the Blues can afford testing for a couple of autistic infants.

Contact a lawyer; we are here to assist you against companies like the Blues applying tort reforms that cost shift to you and me. I agree with Nancy Reagan, just say no.

Originally posted at InjuryBoard by Steve Lombardi