Des Moines Personal Injury Lawyer

Taser Reports - Dudley Do-Right Doing it Wrong

Steve Lombardi — Tue, 13 May 2008 00:00:43 GMT

Dudley Do-Right would be so ashamed of his Canadian brothers and sisters that make up the Canadian police force. One has to wonder if the same end run is being made in American. As any good lawyer knows the smallest of details can make an enormous difference in the conclusion reached. The police should do their job, leave detail in the reporting and allow those voted into office to do the job they were elected to do-right, just as Dudley would have you do.

These Taser weapon intrigues me because it can be used by law enforcement as a tool to punish. In a culture that under this Administration has progressed from "If you criticize us you're being un-American." from "The end justifies the means." the Taser has become the argument of choice for those believing both maxims. People of common sense must agree the Taser, like any weapon of law enforcement, if used improperly exceeds the legal bounds of legitimate law enforcement.

I've looked at several of these cases and have been studying the results. According to their own report the jury remains out on whether or not this weapon of control causes lasting damage to a persons nervous system and if it is a cause of death to those arrested who have died while in custody. The research does show several people have died while in custody after being Tasered. Certainly we should listen to the manufacturer when the owners discuss the use and limits of this weapon. But anything the owners say should be closely examined due to the obvious conflict of interest that exists whenever stock options are a driving force behind reports of effectiveness. Canada has a reporting system that is collects information critical to evaluating how the Taser is being used. Interesting enough Taser International is restricting access to the information on its site to law enforcement. The general public can not obtain the company's evaluation materials. But the reporting requirements are being skirted by some who appear to be doing an end run on objective reporting.

While the Royal Canadian Mounted Police use this weapon that delivers 50,000-volts to a person over 1,000 times per year they are not providing all of the information that Canadian law requires. I did a search on the RCMP site for "taser" and the results were less than one would expect of a professional police force trying to inspire confidence. There was more public information about the "Name the Puppy Contest 2008" then about their policy of Taser use. Like many professions that are trying to hide something by redefining the language the Taser is referred to as a "Conducted Energy Weapon". Once you locate the Operational Manual - Chapter 17.7 - Conducted Energy Weapon the use restrictions are explained.

CEW Challenge - 2. 1. CEW Challenge means the declaration issued by a member before using the CEW: "Police, stop or you will be hit with 50,000 volts of electricity!"

I have to say this about the "Challenge". If someone yelled at me that I was about to get hit with 50,000 volts of electricity my immediate thought would be to look into the sky for God warning me about a lightening bolt. Followed by my hitting the deck to avoid the strike.

As Taser use escalates, however, the RCMP has tightened the lid of secrecy. Dudley would not be proud. Tsk-Tsk!

"Information stripped from the forms includes details of several Taser cases the Mounties previously made public under the access law. In effect, the RCMP is reclassifying details of Taser use - including some telling facts that raised pointed questions about how often the stun guns are fired and why.
Analysis of the data between 2002 and 2005 showed that three out of four people Tasered were unarmed. Those responsible for disclosing reported information claim they are respecting privacy issues. But that is a hollow claim when the essential indentifying information of those arrested (like name and address) are redacted from the reported information.
Dosanjh noted that names and addresses are already removed from the forms."
"The RCMP is a public police force. They are accountable to Canadians. "They have to provide that information so that people can judge for themselves whether or not their police force is acting appropriately."

The Mounties number 9,100 and carry 2,800 Tasers. Accountability is essential to determine just how well police forces are trained and whether they are following legitimate law enforcement standards. If the Taser is just more efficient then talking or is being used out of frustration and to punish anyone who fails to immediately submit to law enforcement demands then citizens and those in charge of the government should know those facts. Covering up the facts by failing to provide essential information will sooner or later lead to the use being struck down by the Courts as unconstitutional.

Public wariness about the weapons turned to full-blown anger last fall when amateur video showing the death of Robert Dziekanski was released. RCMP were called last October when the Polish immigrant became agitated at Vancouver International Airport after spending hours in a secure section while his mother tried in vain to contact him from the public side.
Although Dziekanski appears more confused than threatening on the video, the officers waited less than 30 seconds before they zapped the 40-year-old with a Taser and pinned him to the floor as he wailed in pain. Within minutes, he was dead.
Dziekanski was recorded as the 18th person in Canada to die after being hit by a Taser since police started carrying them in 2001. The tally has since risen to 19. Amnesty says at least 280 people have died in the United States following a Taser zap in the last seven years.

Dudley Do-Right would be ashamed of his Canadian brothers and sisters that make up the Canadian police force. One has to wonder if the same end run is being made in American. As any good lawyer knows the smallest of details can make an enormous difference in the conclusion reached. The police should do their job, leave detail in the reporting and allow those voted into office to do the job they were elected to do-right, just as Dudley would have you do.

Backing up your hard drive - Red Tape Chronicles

Steve Lombardi — Mon, 12 May 2008 00:00:34 GMT

Raelyn Campbell's lawsuit against Best Buy demonstrates another problem with Apple's iTunes back-up system. Just like Best Buy's extended warranty, the iTunes back-up system is designed to fail and they know it so they hit you with that warning to back up on CD's because when it fails they intend to blame the consumer.

Interesting situation reported on the Red Tape Chronicles website. In 2006 Raelyn Campbell of Washington, D.C. buys her computer at Best Buy for $1,100.00. At the time of the sale the store clerk talks her into an extended warranty for another $300.00. She uses this computer a lot and has her tax returns and music on it. Although not clear it appears she uses no backup system to protect her files. About a year later the on/off switch breaks so she uses the extended warranty and returns the computer to the Best Buy store where she bought it. She's told repairs will take about six weeks. They lose her computer, mislead her into believing it will be ready shortly, and then when she finds out the truth they offer her $900.00, not in cash, but in store coupons.

Sort of like a lawyer committing malpractice by allowing a client's case to not be filed before the statute of limitations runs and then to "make things right" offers the client a discounted fee on another lawsuit.

At the point where they lost her computer, Campbell became a problem rather than a customer. That is a problem for BB's business model. There is a glaring hole in the system. Why in the first place did BB place the customer in a position where she has to file a lawsuit? In this case it seems the only way to get this mega corporation's attention is with a lawsuit and a demand for compensation that commands respect. What the heck if Campbell is going to be forced to file suit she might as well answer the question: How many other people have you done this too? Without the lawsuit they weren't taking her claim seriously. As a consumer her bargaining power with BB is zero. But-for the court system, consumers would be treated as if they were illegal aliens in a foreign country. Why would BB offer her such a paltry sum? It was shameful and insulting.

Now the question is what did she sign when she brought it into the store for repair?
What type of backup system did she employ?
If she didn't use a backup system then does comparative fault apply and how much will be applied to her?

No matter what backup system she used or didn't use the repair process is faulty. My guess is BB doesn't even repair computers in-house. They probably outsource the repair work and were arguing with the repair shop over who should be liable for the loss. Probably neither knew who last had her computer. If they had been truthful about the situation Campbell may have reacted differently.

This case also points out a weakness in Campbell's system - she needed a backup of her data; including the music which she estimates her cost at several thousand's of dollars to purchase. This case demonstrates another corporate business model that is faulty - the iTunes back-up system.

I'm going to assume its iTunes music, it's nearly impossible to back up the iTunes music if you follow their instructions. If you buy thousands of songs from them how many CD's will it take to back it up and how much time? Who in their right mind would ever take the time to back up iTunes music as Apple instructs? You'd have to be nuts and they know it. It appears that entire back up system is designed to fail and cause the consumer to re-purchase all the same music while allowing iTunes to blame the consumer. Certainly iTunes has a record of all the songs you've already purchased. So why not allow the user to download the same songs at no additional cost? Why design the system to purposefully fail and then blame the consumer? The answer is in Apple's bottom line.

Car Impounded - How long can they keep it before it goes up for auction?

Steve Lombardi — Sun, 11 May 2008 00:00:17 GMT

How long can they keep my car in impound before sending it to auction?

Question: How long can a car be in impound before it is auctioned off?

Well this is a tough question to answer because it's too unspecific. Depending upon the situation and who impounded the car, the rules can be very different. Was it a private property owner, the police, the State Patrol, a local government or some other entity that took control of it? Where was the car when it was taken to impound? What rules apply, can be quite different. Here is what I'd suggest. Call the impound authority and ask them that question. "How long will you hold the car before it is sent to auction?" Ask them what laws or administrative rules apply. And there lies your answer. Get the rules, read them and make sure they aren't violating the rules or else they have no right to auction off your car. Good luck.

Farm related work deaths analyzed

Steve Lombardi — Sat, 10 May 2008 00:00:09 GMT

Seventy-nine workers suffered a traumatic death while working in Iowa during 2007 according to the Iowa Fatality Assessment and Control Evaluation program, called IA FACE, based at the University of Iowa College of Public Health in Iowa City. That figure is close to the average number of worker deaths for the past 10 years.

"Of the fatalities, 22 farmers lost their lives, 23 truckers died in fatal crashes, and over a dozen workers died at their industrial or commercial place of employment," says Murray Madsen, chief investigator for IA FACE. "Farmers accounted for approximately one-third of all traumatic work deaths in Iowa last year. This figure is similar to that of 2006."

Descriptions for all traumatic work deaths in the state from 1994 through 2006 are available at www.public-health.uiowa.edu/FACE.

Overturning tractors still account for too many deaths. If you're using a tractor without rollover protection, ask yourself if it's really worth the increased risk over the cost of buying a newer one.

knologies did you scrape this post off of InjuryBoard.com and Steve Lombardi's Des Moines Post?

Steve Lombardi — Fri, 09 May 2008 12:11:18 GMT

This post is about knologies and whether knologies actually writes original content or is scraping it from my own. What do you think? You be the judge.

I'm writing this post at 10:55 A.M. Iowa time on May 9, 2008. Is the LegalMatch business name under this post title referring you to them for business? Normally when the knologies posts one of my writings, without permission, it or he or she changes the date to the day before my post was published. Probably to help it with Google rankings so that it looks like the original.

So why does it continue? And who is benefiting financially from these scrapings? I've contacted LegalMatch and demanded they stop it. But so far it hasn't.

Just so that you the reader know: "This post if posted anywhere other than on InjuryBoard is not authorized nor consented to and that LegalMatch has been advised and has not stopped the scrapings." Neither LegalMatch nor the company that allegedly hired knologies is willing to place me in direct contact with whoever is responsible for knologies.

"If you are reading this post you should be reading the post at Desmoines.InjuryBoard.com."

Iowa Work. Comp. - Ganging up on an injured worker is a safety issue for management.

Steve Lombardi — Fri, 09 May 2008 10:59:23 GMT

In a post today out of Chicago, Nick Avgerinos discusses worker safety incentive programs and how they can clash, by pitting worker vs. co-worker.

I've seen this first hand in a workers' compensation case in Iowa. The employer had a profit sharing plan in the Ottumwa Plant. When a worker was seriously injured requiring spine surgery he was not only discouraged from reporting the injury but ostracized after he reported it and sought necessary medical care. Management held a special meeting where the workers were informed that this worker's medical care costs would lower the plant's profits thereby reducing the annual contribution to each workers profit sharing plan. The book, Mobbing - Emotional Abuse in the American Workplace, Davenport is an interesting read on this very subject.

"The book "MOBBING: Emotional Abuse in the American Workplace" by Noa Zanolli Davenport Ph.D., Ruth Distler Schwartz, and Gail Pursell Elliott is partially based on Dr. Leymann's work. The book and this site are primarily intended as a self-help tool and a resource for targets of workplace mobbing. We also address responsible management and human resources personnel, unions, health care providers, insurance agencies, and lawyers as well as families and friends of targets of mobbing. Above all, we encourage preventive, timely and appropriate action."

One of the authors, Noa Davenport sat for an interview where she defines mobbing and discusses the different aspects.

"Can you explain how mobbing came to be identified historically?
Dr. Heinz Leymann, a psychologist and medical scientist, pioneered the research about this workplace issue in Sweden in the early 80s. He identified the behavior as mobbing and described it as "psychological terror" involving "hostile and unethical communication directed in a systematic way by one or a few individuals mainly towards one individual."

Leymann identified some 45 typical mobbing behaviors such as withholding information, isolation, badmouthing, constant criticism, circulation of unfounded rumors, ridicule, yelling, etc. The affected person is in physical or mental distress, has developed an illness, and experiences social misery."

From all stories about work place safety there is one common thread: Injured workers must protect themselves by knowing their rights and finding a good lawyer to assist them in protecting their jobs and income. For many reasons workers may deny the existence of worker safety lapses until it is their problem. We are all just one accident away from falling through the safety net we all appreciate in the workers' compensation system. Workers need to recognize the benefits of workers' compensation in their states and take control of it so that employers don't wreck it. It's that simple.

Iowa Auto Accidents - Should the car be repaired or totalled?

Steve Lombardi — Fri, 09 May 2008 00:00:34 GMT

Following a wreck the insurance company wants to total the car but the client wants to have it repaired? What should it be repaired or totaled? What will the lawyer need to review in order to answer this question?

Here is the rub for the client. The client of course may only be able to pay off the loan based on what the insurance company offers to pay. The loan could have a value greater than the fair market value. So if totaled the client is in a terrible position of having a car payment but no car. The client may want the car repaired since they would at least be able to drive to work and not have to come up with a down payment to buy a new or replacement car. So what will the lawyer need to answer the client's question?

Information required to assess if what the insurance company is planning to do is fair.

Auto's make, model and year of manufacture:
Date purchased:
Purchase price: $
Where it was purchased:
Current market value:
Loan amount: $5k+
Mileage at time of purchase:
Mileage at time of wreck:
Current condition:
Were there any previous accidents between the time you purchased the car and the date of the wreck? If so what were the dates and the amount of damage?
Was there any un-repaired damage to the car at the time of the wreck? If so, what was it?
Was the title clean or branded?

Paperwork and other evidence that helps in the valuation process.

Photographs of the car just prior to wreck:
Photographs of the car after the wreck:
Damage repair estimate:
Current location of the car:
A copy of the title:

Iowa Work Comp - Am I entitled to be paid more permanent partial disability benefits?

Internal Administrator — Thu, 08 May 2008 09:19:20 GMT

Facts: I'm often asked by a worker who is injured at work if they are entitled to additional permanent partial disability benefits if after going back to work they reinjure the same extremity. In this case the question was posed by a worker who suffered an elbow injury and was assigned a diagnosis of cubital tunnel syndrome. Following surgery (cubital tunnel release) the doctors released him back to work. The worker then receives a PPD check and resumes his normal job. Several months go by and his symptoms resumed, requiring a repeat surgery to release pressure on the nerve. Following a period of recovery the doctor advises the injured worker his permanent impairment rating has not increased. The worker is being paid benefits according to Iowa's Workers' Compensation Act, Chapter 85.

Question: Will I receive another settlement if the impairment rating is the same?

Short Answer: Yes, you are probably entitled to more PPD benefits. Get a qualified lawyer on board to help you.

Long Answer: Let me start by telling you something my law professor Dan Power told me. "A lawyer who represents himself has a fool for a client." In other words, he needs to find a qualified lawyer to represent him in this complicated area of the law. For someone that knows what they are doing this is not a difficult case. But to the uninformed it's quick sand. This injured worker doesn't want to pay a lawyer, not even a percentage of the recovery. And while I can appreciate that saving a one-third contingency fee would be nice, how expensive might it be if the injured worker's rights are prejudiced and he gains nothing in the process? How would the worker know which settlement option was in his or her best interest?

In this instance he's more than likely entitled to additional PPD benefits. But probably no lawyer where he lives will just sit down and tell him how to do it for nothing. Besides any lawyer who did that would expose himself to a claim if the client did it wrong. Yes, you need another rating. No, but not from just any doctor. If the two ratings are different and there are use restrictions then additional PPD benefits are due. Who do you go to for the second rating? Like real estate, all personal injury practices are local. Lawyers who regularly practice in this area know the doctors. Doctors are all different in their approach to getting involved in workers' compensation cases. I've had doctors call me and say, "You represent the injured worker don't you? You don't want me to do this evaluation. I wouldn't be able to help you." Doctors come in all sorts of flavors. From liberal to conservative and everything in between a doctor's mind-set can help or hinder. Some doctors have as a part of their business plan, to represent only the interests of the insurance and business industry. For whatever reason their conscience doesn't bother them by having a "bend" towards those interests, as opposed to just being objective. Good lawyers aren't just looking for a certain opinion. Good lawyers look for an honest assessment. And that is where this client working his case alone is in serious trouble.

It's better to give up some of what you expect in benefits in lawyer fees and to know you've gotten a fair shake then to blindly walk your case through the system where the insurance adjuster who does not represent you, allows you to make mistakes that eventually cost you more then any lawyer can reasonable charge you in fees. The insurance adjuster and their case manager will chew you up, spit you out and never lose a wink of sleep. Better to be safe than sorry. And in this instance the best advice I can give is that the injured worker more than likely is entitled to more PPD benefits. But get a lawyer so you can get a fair shake from the workers' compensation system. Lawyers pay plumbers, dry-wallers, iron workers, carpenters, electricians, HVAC workers, swimming pool workers, housecleaners, garage mechanics, lawn care workers, nurses, doctors, lawyers (yes lawyers pay lawyers for legal services) and many other laborers to do the job right. There are no shortcuts to a successful project, including your legal case.

How inducing hypothermia treats SCI

Megan Roth — Thu, 08 May 2008 00:25:13 GMT

As has been discussed in our previous posts, spinal cord injuries are severe and affect much more than just the specific location where the injury is incurred. Such injuries can have a great many effects on the body, one of which is the reduced ability to regulate body temperature. Just ask Kevin Everett, a former professional football player who knows the effects of spinal cord injury all too well.

Everett was injured during a game in 2007 and immediately thereafter paramedics began attempts to cool Everett's body between six and eight degrees. Why? What's the reason behind this method of treatment?

Persons suffering a spinal cord injury are prone to hyperthermia. The functions of the autonomic nervous system undergo drastic change; thus, allowing for spikes in body temperatures. These changes in temperature may occur naturally, in response to the environment, or as a result of physical activity. In order to limit these 'spikes', many physicians and paramedics have turned to treatments of induced hypothermia, which can be brought about through injections of cold saline and other body-cooling methods (through a series of process before, during, and after surgery).

Though inducing hypothermia doesn't guarantee lesser effects from the injury, it has been known to limit swelling and to protect the brain by slowing metabolism and lessening the bodies need for oxygen and other nutrients (which may not be transported efficiently due to the disruption of many of the body's systems).

Simply knowing the effects an increase in body temperature can have on someone with a spinal cord injury can help determine the effects that injury will have. Something as simple as placing cold towels on the injured person's forehead, arms, etc. may help decrease their body temperature and may lessen the extent of their injuries. Just ask those involved in the treatment and rehabilitation of Kevin Everett; though the effects of the cooling treatments aren't certain, many physicians credit them with increasing the odds of Everett's (among others') ability to recover.

Farm Equipment Accidents - Road travel by teens

Steve Lombardi — Thu, 08 May 2008 00:00:18 GMT

Teach your teens about driving defensively when farm equipment may also be on the roadway. You should know that fall is the time when a greater number of accidents happen. The Iowa State Extension Office puts out a flier on how to share the road with farm vehicles.

Here are some of the tips they give on how to avoid some of the more common collisions or wrecks:

Left-turn collision
Defensive driving tips:
-Is it really turning? Don't assume a farm vehicle that pulls to the right side of the road is going to turn right, or is letting you pass. Check the operator's hand signals.
- Is there a turn signal? A flashing light on a tractor that suddenly stops flashing is a turn signal. Slow down when you see this signal.
-Where could it turn? Check the left side of the road for gates, driveways, or any place a farm vehicle might turn.

Rear-end collision
Defensive driving tips:
-Be alert. Always watch for farm vehicles on rural roads, especially at planting and harvest.
-Slow down immediately. As soon as you see a slow-moving vehicle, start to apply brakes like you would when approaching a stoplight.
-Keep your distance. Stay a safe distance behind farm vehicles. Most farm equipment is not designed to travel at speeds greater than 25 miles an hour. Even when towed behind a truck, equipment such as sprayers and fuel tanks often travels less than 25 miles an hour.

Passing collision
Defensive driving tips:
-Be patient. Don't assume the farmer can move aside to let you pass. Shoulders may be soft, wet, or steep, which can cause the farm vehicle to tip, or they may not be able to support a heavy farm vehicle.
-Make sure you're clear. When passing, make sure you can see the farm vehicle in your rear-view mirror before you get back in your lane.
-Enjoy the drive. Even if you have to slow down to 20 miles an hour and follow a tractor for two miles, it takes only six minutes of your time, about the same as waiting for two stoplights.

Stay alert, play it safe - don't blow it you're only a teenager once.