Des Moines Personal Injury Lawyer

Happy 4th of July

Barbara Tubridy Lombardi — Fri, 03 Jul 2009 13:17:00 GMT

Happy 4th of July! Steve and I grew up in Bristol, Rhode Island, a New England town where the 4th of July parade has run longer than any place else in America. Bristol is often times called the most patriotic of all places in America. The stripe in the middle of the main road where the 2 ½ -3 hour parade takes place is even, red, white, and blue. To us the 4th of July is almost as important as is Christmas. Please join us and as Steve says, "Come and enjoy my home town". Happy 4th of July!

http://www.youtube.com/watch?v=3z9760MRA7U

Being from New England, we are of course Red Sox fans!

http://www.youtube.com/watch?v=uvRCL3qf1oA

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

Pedestrian Safety News Roundup Continues ... Some good advice from The Pocono Record

Steve Lombardi — Fri, 03 Jul 2009 11:31:00 GMT

We are back again today continuing with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. How about if for this month, both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much. By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation. This one is mostly from Pennsylvania where the Record did such a good job of editorializing on the issue of pedestrian safety.

East Stroudsburg, Pennsylvania – April 2009 – A woman was struck and killed as she walked onto Route 611 at the intersection of Glen View Drive. The Pocono Record took the opportunity to editorialize on the issue of driver and pedestrian safety issues. The Record states:

“Transportation officials say 80 percent of crashes stem from drivers' mistakes, everything from driving under the influence to aggressive driving. Pennsylvania Department of Transportation spokesman Ron Young said growth areas where traffic volume rises and causes congestion typically produce more crashes and traffic deaths. Monroe County's rapid growth has stabilized, yet the high rate of accidents continue[s]. [sic] Especially troubling is that at least 12 pedestrians and one bicyclist have been struck by cars or trucks over the past two years in Monroe County.

What to do? The Safe 80 Task Force began in early 2001 after an especially horrible truck accident killed two passing motorists on the busy interstate. Local residents and officials joined forces to look for ways to improve safety. Intensive enforcement by the state police dramatically curbed speeding. An interagency truck safety enforcement project pulled hundreds of unsafe heavy commercial vehicles off the road. Strategically placed white highway dots helped clue drivers in on safe following distances. The task force worked on educating motorists and increasing safe driving behavior.

The result? The I-80 accident rate fell.

Monroe and Pike citizens must pursue ways to stem the gruesome tide of serious accidents. State and local police should rededicate themselves to targeted problem areas. Road margins must be painted regularly, and signs should indicate pedestrians where appropriate. Schools and parents must educate children on how to walk safely to bus stops and how to cross safely at intersections. Thousands of children and teens living in far-flung housing developments desperately need that basic but potentially life-saving education.

Monroe County's fragmented state delegation — six senators and four representatives — should cooperate to push legislation that will allow local police, not just state police, to use radar on speeders.

And of course motorists themselves must commit to safe driving habits, dropping the cell phone and other distractions and focusing on the road.

The early enthusiasm behind the Safe 80 program paid dividends. Let's renew the local commitment to highway safety, helping to make driving a privilege and not a threat, and start saving lives again.”

See Expand Safety to Pocono Roads, April 14, 2009.

I apologize to the Pocono Record for quoting so extensively but they should get credit for saying it so well. I couldn’t have stated it any better. Are you sure you guys and gals aren’t personal injury lawyers? Let’s hope the legislature follows their advice.

In a related story Susan Koomar, the Record Senior Managing Editor lists at least fourteen additional pedestrian-car-truck collisions in which the pedestrian was seriously injured or killed. Some pedestrians sustained a head injury and brain damage that did not kill them but more than likely disabled them for life. These collision scenarios include walking to school, walking home from work, walking to the bus stop, walking along the road side to get gas after running out of fuel, standing on a street corner waiting to cross, a child riding a bicycle, drivers veering and striking pedestrians while in pedestrian safe zones, driving while intoxicated and drivers speeding.

Originally posted at InjuryBoard by Steve Lombardi

A Sioux City Councilman was injured in a boating accident on

Steve Lombardi — Fri, 03 Jul 2009 11:22:00 GMT

I’m behind on boating accidents and water safety issues. Let me attempt to catch up. I’ve collected boating items in the news and will over the next few posts examine how many people get injured while boating or on or near the water’s edge. In the first instance you have a driving maneuver that surprises the passengers, one in which they were not prepared for resulting in them being thrown overboard and struck by the boat. In the second there is a mechanical malfunction that does the same. In the third news story the experts discuss a propeller guard that could have saved a person who was run over by a boat from being tore up by the prop. The last item discusses Operation Dry Water, a national campaign to get drunken boat operators to stop driving while drunk.

Nebraska – Two people were killed in Lancaster County on Oak Lake. The mishap occurred on a Sunday morning around 8:20 a.m. Cousins, Eric Jarecki (32) and Jason Hafsaas (25) were driving a speed boat, turned sharply, were thrown from the boat and the boat ran over and killed them. Speed appears to be the main factor involved. Reckless driving and perhaps not using some sort of seatbelt harness might also have contributed.

Iowa – Nebraska – Two men were thrown from the boat they were riding in on the Missouri River. Bruce Wright (31) or South Sioux City, Nebraska was missing. This accident occurred at around 8 p.m. one mile north of Salix. Oscar Gomez (33) was injured and flown by helicopter to a local hospital. Gomez was charged with operating a boat while intoxicated. The news description is that Oscar Gomez and Bruce Wright were thrown from the boat as the driver Samuel Gomez (32) suddenly slowed down. Cause is likely a sudden deceleration, failing to give a proper warning to the passengers, perhaps failure to wear life vests, drinking and driving along with the possibility of reckless driving or fooling around. Just don’t know because there is nothing further in the news report. The Iowa DNR by Kevin Baskins provided the report along with the Des Moines Register and the Sioux City Journal. Oscar Gomez is a South Sioux councilman. Injuries were cuts on the right leg likely from the propeller and a left hip injury.

Naples, Florida – In this trial being held in June 2009 the plaintiff’s case hinges on how the jury views prevention as applied to propeller accidents maiming a person in the water. A woman was permanently disfigured when struck by the boat engine’s propeller. A U.S. Coast Guard expert testified that all propeller accidents could be prevented if a propeller guard was used or incorporated into the design. The trial testimony with the plaintiff calling the defense expert on direct, but hostile examination is rather interesting for the admissions given by the defense expert on how industry uses testing to not set standards.

Wisconsin – The sheriff’s in Wisconsin will be out looking for drunken boat operators. The federal or national initiative is called “Operation Dry Water” and is a program to keep drunken boat operators off the waters. Simply someone on board, the operator has to have nothing to drink of an alcoholic nature. What you could do is make everyone pay $5 or $10 into a kitty and whoever is the designated driver gets to keep the money. The Minnesota DNR offers a couple of safety tips including wearing a safety vest. And Minnesota DNR offers a free boating guide. The boating guide is an electronic version of the printed materials you can pick up at any boat shop.

http://www.youtube.com/watch?v=0SKVsJKvn_w

Originally posted at InjuryBoard by Steve Lombardi

Pedestrian Safety News Roundup Continues ... After the highway breakdown

Steve Lombardi — Thu, 02 Jul 2009 11:15:00 GMT

Now you’re on the roadside after breaking down, you pull out your cell phone, call triple A and the tow truck arrives. The operator exits his truck and wham! He’s suddenly struck by an oncoming car. Unbelievable, you say. Not so.

Santa Clara, California – December 2008 - My friend John Bisnar from California blogs about an instance of a ground crew mechanic working on the ground near a helicopter. A wind gust blows over a helicopter, causing it to spin out of control, and a blade struck the mechanic, killing him. This helicopter was being used by the power company to string power lines between poles. Interesting to say the least and it explains why the worker would not be so concerned with keeping his eye on the helicopter. This workers attention needed to be focused on whatever his job may have been that day.

Pana, Illinois – January 2009 – Clothe colors can make all the difference. Reflective tape also helps. In this case the truck driver was unable to see the man walking along Illinois highway 29. The man was struck and killed. The driver explained with the darkness, 7:30 p.m. he was unable to see the pedestrian walking. What this 60-year-old man was doing walking on the side of the highway we don’t know but we do know the driver was unable to see him.

Vancouver, Canada – November 2008 – A garbage truck struck and killed a pedestrian just after noon while he was walking. We’ve had this happen right here in Des Moines, Iowa.

Tama, Iowa – April 2009 – I reported on a young Iowa woman who was struck and killed by a train. This train-pedestrian accident has striking similarities to the story written by James Joyce in Dubliners. A Painful Case is a short story about Mr. Duffy who rebuffs Mrs. Sinico, and then four years later realizes he has condemned her to loneliness by rejection and then death. This realization strikes him while reading her obituary that describes her death being caused by a train as she walked across the tracks at Sidney Park, a train station on Sidney Parade Avenue, in the village of Merion, southeast of Dublin.

Barbara and I sojourned to Dublin for a two-week drive around the southeast and west until we found our way back to the streets of Dublin and more specifically, Fleet Street and the Temple Bar District. Ah yes, sit will you for a pint of Guinness.

Originally posted at InjuryBoard by Steve Lombardi

Pedestrian Safety News Roundup Continues ... The Highway Breakdown

Steve Lombardi — Wed, 01 Jul 2009 11:11:00 GMT

Columbus, Ohio – December 2008 – Freeway breakdowns make you a pedestrian. In this story from the Columbus Dispatch, two separate pedestrian-vehicle collisions occurred on Columbus freeways. In both instances a driver was stopped along the highway, out of their car when they were killed. These cases demonstrate a safety tip about being a pedestrian on the highway. You become a pedestrian as soon you leave your car or truck or motorcycle and start out on foot. Whether it’s because you ran out of gas, experience a breakdown including engine failure or a flat tire, or have a fender-bender; you are a pedestrian as soon as you step foot on the highway pavement.

Let’s heed the advice of Edward DeVennish of the Columbus police traffic bureau.

"The fact is, 10 to 20 percent of freeway crashes are caused by a minor incident that blocks a traffic lane," said Lt. Edward DeVennish of the Columbus police traffic bureau. "At freeway speeds, it doesn't give you much time to react."

DeVennish said drivers involved in minor-damage, noninjury crashes on freeways, or those experiencing mechanical problems, should get their vehicles off the right side of the road immediately. The message is reinforced by signs posted along freeways.

The State Highway Patrol released a tip sheet about winter driving this week that instructed drivers whose vehicles break down to "safely position the vehicle as far off the road as possible."

Lt. Tony Bradshaw, a patrol spokesman, called it "imperative" that drivers get damaged vehicles out of moving lanes when the vehicles are drivable and there are no injuries.

HOW SAFE ARE YOU SITTING ON THE ROADSIDE OF A HIGHWAY

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

Bottom line is after minor traffic accidents on the highway do not stop on the traveled portion of a highway to exchange information with the other driver. Get well off the traveled portion of the road. Get as far over to the right as you can; and if you can’t get out of the car and stand well off the highway.

And remember those flares your father used to carry in the trunk? Well get some and use them. Also carry a cell phone and don’t ever stand on the traffic side of your car. You should be standing facing traffic to see if the cars coming towards the collision site are paying attention and seeing you.

“Bradshaw and DeVennish said drivers and passengers must determine whether they'll be safer staying inside a disabled vehicle or getting out and moving as far away from traffic as possible.

"You don't want to be sitting in a car that's a target," DeVennish said. But those who choose to get out of a disabled car must exercise extreme caution.

"The freeway is no place for a pedestrian to be," he said. If the car is on the berm, "you don't want to be standing on the traffic side of your car, or immediately behind or immediately in front of your car."

Bradshaw said sitting in a vehicle on the berm, with the hazard lights flashing, generally is safe.

Motorists should carry a cell phone to call for help if they get stranded, as well as road flares or reflectors to warn other drivers, he said.”

http://www.youtube.com/watch?v=6qXR16QDS8I

Originally posted at InjuryBoard by Steve Lombardi

Civics 101; Do you know the three branches of government?

Barbara Tubridy Lombardi — Wed, 01 Jul 2009 10:06:00 GMT

Life, Liberty, and the Pursuit of Happiness

Civics 101: Do you know the 3 branches of government?

Richard Dreyfus has taken up the cause of educating Americans about basic fundamentals of our government. “Don’t call it civics”, he states, “because civics is easily the most boring word in America, call it what it is: Political Power.” Dreyfus helped to develop a curriculum for U.S. public schools called the Dreyfuss Initiative. Designed to “engage, enlighten and empower students of all ages in an entertaining way” according to an outline of the program.

A campaign to raise funds to introduce this program into schools K-12 has been launched. Dreyfuss’ goal is to “….give our children real world knowledge and, hopefully, wisdom about how to run this complex governance system. That’s it. That’s enough.”

Do you know the three branches of our American government?

Shockingly, many Americans do not. Jay Leno had a segment on the Tonight Show called “Jaywalking” where he asked people on the street various questions. One of those was, “Do you know the three branches of our government?” Not one person knew. One study conducted by the National Constitution Center found that only 38% of the respondents could name all three branches of government, yet 59% could name the Three Stooges in a study conducted 2 years earlier.

Why is this important? As citizens of this great country it is our duty to have a basic knowledge of how our system of government works. In the words of Alexis de Tocqueville, “It cannot be doubted that in the United States the instruction of the people powerfully contributes to the support of the democratic republic…”

The Declaration of Independence, written in 1776 primarily by Thomas Jefferson, declared the independence of the thirteen American colonies from the British Empire. The Declaration was approved by the Second Continental Congress on July 4, 1776 in Philadelphia.

http://www.youtube.com/watch?v=poT5yr5lJCU

The U.S. Constitution was written almost 10 years later, but this is the source and legal authority for the existence of our government. The Bill of Rights consists of the first 10 amendments to the Constitution, and was adopted in 1791. These include the right to free speech, a trial by a jury of your peers, and protection from unreasonable search and seizure.

Our country is set to celebrate the 4^th of July and the 224^th year of our founding at the end of this week. With the commotion over the past several years concerning immigration and building a southern wall with Mexico perhaps it is the right time to ask yourself what kind of an American are you? What kind of example do you set for a higher standard in America? If you are an American that doesn't take this country for granted then you should be able to answer these questions.

As an American citizen can you answer these questions?

1. What are the three branches of government?

2. What are the first ten amendments to the U.S. Constitution called?

3. From which country did America win its independence?

4. Who was the first president of the United States?

5. What was the cause (or causes) of the Civil War?

6. How many states are there? Bonus: Names of the last two added.

7. Which countries border the United States?

8. How many Supreme Court Justices are there? Bonus: Name of the Chief Justice.

9. Where is the Statue of Liberty located?

10. Where was the Constitution written?

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

Pedestrian Safety News Roundup Continues ... Look before you exit the car

Steve Lombardi — Tue, 30 Jun 2009 14:38:00 GMT

Today we continue with several more pedestrian-car-truck-bus-train collision news items. There are too many pedestrian collisions just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.

Miami, Florida – January 2009 – Highway workers are at great risk when working along the highways of American. In this story someone dropped thousands of shoes, with shoe laces tied together, on a highway. The picture is well worth the effort to see what thousands of shoes look like all strewn about on a highway. In this video while a highway worker sweeps the shoes from one lane of travel traffic just keeps on going by heading to work.

San Diego, California – December 2008 – The lawyers at Estey and Bomberger again bring us news of a pedestrian accident in the Core-Columbia district of San Francisco. The woman was struck while crossing the street by a vehicle turning left; which brings up another point about safety. Even when drivers stop you can’t trust they will remain stopped. Before walking out into the roadway look the driver right in the eyes, make eye contact and if you can’t do move one inch. Establishing eye contact is an important pedestrian safety measure. If you have eye contact then unless the driver is brain dead they shouldn’t move and should be more aware of your presence.

Beech Grove, Indiana – January 2009 – A mother of two young children was run down and killed as she stepped out into the roadway. The car was a patrol car being driven by police. The police officer did not have the siren or lights on and was responding to a call for assistance related to a burglary shortly after 9:00 p.m. This brings us to make a new point to the police, if you’re going to respond to a call for assistance and can’t activate your siren then be more careful while driving towards the location. Without lights and sirens pedestrians may not have the right amount of attention focused on your patrol car. Pedestrian accidents with patrol cars and police cruisers aren’t all that unusual.

So today we have the lessons of controlling or covering the loads you carry and watching before stepping out of a car into traffic.

Originally posted at InjuryBoard by Steve Lombardi

Sergio Kindle-Texas Longhorn Linebacker; Texting While Driving?

Barbara Tubridy Lombardi — Tue, 30 Jun 2009 13:02:00 GMT

Sergio Kindle-Texas Longhorn Linebacker

Texting while driving?

On June 24, 2009, Sergio Kindle, a Texas Longhorn Linebacker, drove into an Austin, Texas apartment building at 2:50 a.m. His attorney, Brian Roark, stated that Sergio “was probably texting” at the time. According to witnesses, Kindle and his passengers got out of the car and pushed it back into the road but abandoned it further down the road. Kindle claims to have hit his head during the accident and suffered a concussion as a result, which the team doctors confirm. Although he was not seen immediately after the accident and the concussion has not been confirmed by outside medical providers.

Sergio Kindle was suspended for the first three games of the 2007 season after an arrest for driving while intoxicated.

Intoxicated and/or intexticated - you be the judge.

Whether he was texting or driving drunk, the results are the same. He caused an accident that resulted in property damage this time. Thankfully, the resident of the apartment that was hit was not home at the time. Ashley Zapata, reports that furniture was destroyed, a computer, desk, and cell phone as a result of Kindle’s car crashing into her apartment. Damages to the building are estimated to be $8,700.00. Ashley and her roommate have been relocated to another apartment.

According to Texas law, since Kindle struck a stationary object and reported within a reasonable amount of time, it does not constitute leaving the scene of an accident. At this time it appears that no charges will be filed against Kindle.

http://www.youtube.com/watch?v=wE_R17_iG_g

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

Spousal Consortium: Jon and Kate Plus 8 are an example of what two people can do together.

Steve Lombardi — Tue, 30 Jun 2009 10:01:00 GMT

Watching Jon and Kate + 8 on the Discovery Channel clearly demonstrates what the legal system means when we discuss spousal consortium. Jon and Kate are a prime example of why consortium is valued and an allowable element of damages in cases where one spouse has suffered an injury or is killed. Together they demonstrate the value of spousal consortium; apart they may demonstrate why they should have stayed together.

Spousal consortium is about the value of the relationship between a husband and a wife. It’s about valuing what a couple begins to build after they say “I do.”

In the first part of their lives, as single individuals, they don’t seem to have accomplished much. If Wikipedia is correct the couple as individuals didn’t accomplish much in life at all until they met, married and started a family. They haven’t said much about themselves on The Gosselin’s official website of on TLC’s website so it's difficult to know what they did or didn't do before meeting each other. But if they had something to brag about I'm sure TLC would have done it for them. Take a look at what they've done together from writing a book, to starring in a television series to numerous other business ventures that have surely made them and their 8 children well off if not very wealthy.

Now I’m not going to say that everyone marrying and having children can end up being financially successful, but in this instance the Gosselins did and they are a fine example of why consortium is valued by the American Courts. American Courts value the marital relationship because as a team you can accomplish more than two individuals can separately. It's called the synergy of the team. Synergy is the greater value of the sum of it's parts than the individual pieces.

Synergy: the working together of two things (muscles or drugs for example) to produce an effect greater than the sum of their individual effects.

The courts appreciate the benefits of a marital relationship if you’re sitting as a juror so should you. Take away one part and the entire family suffers. Take away the breadwinner and it's obvious how they will suffer. But even taking away the non-breadwinner and the whole still suffers financially, emotionally, socially and in many other ways. So together, Jon and Kate have been a great example of synergy and the value of spousal consortium.

But, and this is a big one, as individuals separating it will be interesting to see if they ruin what they together have created. Like it or not they are business partners with mutual social, familial and financial interests. And that’s what happens with marriages when you have children and create a successful business. You are tied together at the hip for life; like it or not.

The rest is this is legal stuff for young lawyers trying to understand how to talk about a loss of consortium claim at trial. So if not interested you can skip this part. But before you go let's have a little fun.

http://www.youtube.com/watch?v=65l6RGG9-nk

YOUNG LAWYERS NEED TO APPRECIATE THE SYNERGY OF THE SPOUSAL RELATIONSHIP

The public break up of a reality TV marriage can demonstrate what the courts deal with on a daily basis when valuing a death or personal injury claim. Lawyers and Judges call it consortium; or the loss thereof. A consortium claim or the monetary value of the marital relationship is destroyed by divorce. There are other types of consortium, but today we’re interested in spousal consortium. Hang in there while I get dull for a few paragraphs; it will get better.

Spousal or marital consortium under Iowa law is defined as the fellowship of a husband and wife and the right of each to the benefits of company, cooperation, affection, the aid of the other in every marital relationship, general usefulness, industry and attention within the home and family.

What is spousal consortium?

"Spousal consortium" is the fellowship of a husband and wife and the right of each to the benefits of company, cooperation, affection, the aid of the other in every marital relationship, general usefulness, industry and attention within the home and family. It does not include loss of financial support from the injured spouse, nor mental anguish caused by the spouse's death.

Damages for spousal consortium are limited in time to the shorter of the spouse's or (decedent)'s normal life expectancy.

The value a marital relationship you would consider all the following:

1. [His] [Her] life expectancy, health, physical condition, age and occupation at the time of death.

2. [His] [Her] ability to earn money and any amount from income which would have been used for support of [his] [her] spouse and family.

3. The amount of taxes, both federal and state, which would be payable out of earnings.

4. [His] [Her] habits as to industry, thrift and economy.

5. The uncertainties of life such as ill health or employment, increase or decrease of earning capacity as age advances.

6. All other facts and circumstances bearing on the amount [he] [she] would have accumulated.

As you can see from reading this instruction lawyers and judges can destroy the beauty of just about anything. But then again so can warring spouses.

Originally posted at InjuryBoard by Steve Lombardi

How can 2 adults and 8-yr-old drown in a South Carolina swimming pool?

Steve Lombardi — Tue, 30 Jun 2009 07:44:16 GMT

Very strange news from South Carolina, as an aunt, uncle and 8-year-old nephew were found drowned in a back-yard swimming pool. The uncle was employed at the property and had permission to use it. A resident of the home returned to discovery the bodies. Authorities were called and although not clear, must have interviewed the 7-year-old boy learning no one knew how to swim.

Strangely enough, authorities don’t suspect any foul play.

All children should learn how to swim. Just join the YMCA and sign up for swim lessons.

http://www.youtube.com/watch?v=55ukQBVMJp0

Originally posted at InjuryBoard by Steve Lombardi