Des Moines Personal Injury Lawyer - Iowa

An Iowa train vs car wreck is such A Painful Case

Steve Lombardi — Tue, 01 Dec 2009 12:01:00 GMT

Join me this afternoon for a walk with James Joyce. This is to honor all of those people who die from collisions with trains at train-road-crossings in Iowa and around the nation. In some ways they are preventable but in other ways not so easily prevented. A Painful Case is a short story raising speculation of whether drink, depression or just distraction caused the woman to be out walking across the rails. It's really a wonderful story filled with raw emotions that undulate as if we are on a roller coaster ride at Rocky Point.

This is not unlike the emotions you will go through when trying a case. As prepared as you think you are, you will find out just how difficult it is to control your emotions as the trial unfolds. You do not control the trial so much as IT controls you. As one of my mentors said in response to my comments about my adrenaline level, "Steve in trial work you will experience the highest highs and the lowest lows. Learn not to get too excited about your wins or your losses." Mr. Dutton couldn't have been more accurate. So join James Joyce as he explores Dublin with Mr. James Duffey's not-so-simple life in Ireland, a trial of sorts.

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

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

Coal Train Coming, 19-year-old driver sits on tracks

Steve Lombardi — Sat, 28 Nov 2009 12:01:00 GMT

Was the death of Brianna Culp, the 19 year old who was hit by a coal train, a suicide? That is the question police are asking as they look into the accident that happened Sunday, October 11^th 2009. Miss Culp was a sophomore at Wesleyan College in Mount Pleasant and the BNSF spokesman Steve Forsberg said that they crew on the 135-car train reported the woman was sitting on the tracks and didn’t try to get out of the way. Police are waiting on autopsy results to help determine what caused the tragic death of this young lady.

What's missing in America? What's robbing the soul of our youth? Why the feelings of emptiness and lack of purpose? Where have these lost souls wandered off too?

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

Tennessee Ernie Ford

Join me this afternoon for this painful case involving suicide by rail train. It will be an afternoon with James Joyce.

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

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

Negligence, failing to yield, other driver and passenger deaths. Who's at fault?

Steve Lombardi — Fri, 27 Nov 2009 12:01:00 GMT

On October 8^th 2009 a Ford Tempo was heading westbound on 63^rd St. when the driver failed to yield at the stop sign at the intersection of 19^th Avenue and collided with a Chevrolet Suburban driven by Jennifer Engler. The name of the driver of the Ford Tempo is not being released at this time however the two passengers in the vehicle, Paul Steven Lauritson and Stephanie Ann Dripps, died as a result of injuries suffered in the crash. Jennifer Engler and two other unnamed passengers in the Suburban were injured and taken to area hospitals no other information is available at this time.

Answering “why?” most always goes back to speed, control, paying attention and distractions along with the number one cause OWI. We don’t have a lot of details about this crash/wreck but chances are it will fall under one of these causes. The driver of the Chevrolet Suburban and all the passengers will have a cause of action against the driver. The main question being was he “negligent”, or in Iowa we now say “at fault”, which is simply a lay person’s way of saying negligence. The Uniform Jury Instructions in Iowa have gotten very user friendly. To make people friendlier to it, the courts have tried to demystify the language it uses when coming into contact with the public. Is it working? Hardly, it’s adding another layer of confusion to what we lawyers have to do in this still noble profession. I for one am tired of trying to do what McDonald’s did for the fast food industry. Dumbing down the court system for a generation who grew up on participation trophies is not my idea of streamlining the legal system.

And for the driver of the Suburban and its passenger, call us if we can help you.

Steve Lombardi

515-222-1110

sdlombardi@aol.com

Lombardi Law Firm

Originally posted at InjuryBoard by Steve Lombardi

Police Chase on I-35 in Iowa

Steve Lombardi — Thu, 26 Nov 2009 12:01:00 GMT

This accidental death raises the question, are high speed chases really necessary?

On Wednesday October 14^th 2009 at about 2:30 in the morning an officer noticed a car driving erratically; when the officer attempted to pull the vehicle over the driver refused and a chase ensued. Troopers are reporting that the driver tried to elude officers and that the chase hit speeds of 100 miles per hour. When the driver was near Ames he cut across the median and went head-on into oncoming traffic. Shortly thereafter the suspect hit a semi head-on and was killed as a result of the injuries sustained in the crash. The trucker only suffered minor injuries and refused medical attention.

Could this death have been avoided? Should law abiding citizens be put at risk from high-speed police chases? Remember I'm not talking about the runner here; I'm talking about the soccer vans and sedans with no dog in this fight who unsuspectingly get pulled into the fray when the idiot comes across the median and starts traveling against the traffic. Those are the innocent people. The driver would have no reason to driver the wrong way on an Interstate if law enforcement weren't chasing him. Why not just follow him quietly, call ahead and set up a road block or put down nail strips?

Is this about law enforcement or law enforcement ego? What if the vehicle the suspect had hit was one carrying a mother and child and the accident caused their death; would we all be congratulating the officer or outraged about the senseless deaths? At what point do we draw the line and say that the danger caused by a high speed chase outweighs the benefit gained from catching them immediately? One of the reasons that we have license plates is so that our cars can be identified in cases like these. Why not just follow until he runs out of gas? Is an interstate highway high-speed chase an unacceptable level of risk to other citizens?

The debate goes on.

Originally posted at InjuryBoard by Steve Lombardi

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

Motorcycles Also Have the Right to Assume Car Drivers will obey the Rules

Steve Lombardi — Wed, 25 Nov 2009 12:01:00 GMT

On October 18^th 2009 at around 11:50 p.m. Ryan Thomas Brooks was eastbound on Southwest Army Post Road when his motorcycle collided with the Dodge Charger driven by Ramonte Davis. Mr. Davis is said to have pulled onto Southwest Army Post Road to back into a parking spot when Mr. Brooks crashed into the front fender of the Dodge. Mr. Brooks was pronounced dead at the scene and police believe that speed was a factor in the accident and have said that Mr. Brooks was wearing a helmet.

Not seeing motorcycles is an often given excuse for having caused a crash with one. A proper lookout is a lookout that looks not just for the obvious, but also the less than obvious drivers, like motorcycles. As a driver you aren’t responsible for just what you saw, but for what was obviously there or that you can anticipate can be there and is lawfully using the city streets and roadways. In this instance the driver of the car is most likely the at-fault driver and can be held liable to the estate and dependents. Before backing up look, look hard and look for motorcycles. They too have the right to use the roads and to assume other drivers will obey the laws in Iowa.

Originally posted at InjuryBoard by Steve Lombardi

It's not the tree, but about control, speed and distractions.

Steve Lombardi — Tue, 24 Nov 2009 12:01:00 GMT

On October 17^th 2009 Luke Schneiders was driving east of Sioux City when he failed to negotiate the curve around the 5900 block of Correctionville Road left the roadway and hit a tree dead on. Luke Schneider died as a result of the injuries suffered in the crash. It is still unknown what exactly caused the crash and Mr. Schneiders was not wearing a seatbelt. He was driving a 2000 Oldsmobile. No word on the reason for losing control.

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

But here is what I wonder, what was the driver distraction or was it just a factor of speed. Young drivers need to understand driving on the highways of Iowa is about control, speed and driving without distractions. That is what will keep you alive. Control those three things and chances are you can control your risk of an accident.

http://www.youtube.com/watch?v=WfeGgzlrA3s

Originally posted at InjuryBoard by Steve Lombardi

Des Moines Woman dies on County Road due to a Failure to Stop

Steve Lombardi — Mon, 23 Nov 2009 12:01:00 GMT

According to the Des Moines Register, Jennifer Sue Peacock from Des Moines was at the intersection of County Road S31 and Iowa Highway 5 near HartfordThe 24-year-old failed to come to a complete stop and was then broadsided. Her 1997 Chevrolet Lumina was broadsided by Jarred Camden Roy, age 33., on Sunday October 18^th around 7:30pm.Knoxville driving a truck. Peacock died when she was involved in this reported two-vehicle collision.

You can't assume that the at-fault driver always hurts others; sometimes their fault hurts them or the passengers in their car. This is one of those cases. As lawyers who represent people we have the kinds of personalities to offer solutions. But in this case there is no viable legal solution. With these kinds of accidents the only advice we give is the advice to move on. Des Moines Register

If the facts are different then the outcome may also be different, but according to this report the fault is her’s for failing to yield the right of way. California stops don’t work. We wish her family well along with the other driver. . On this week coming up to Thanksgiving we should be thankful for the little we have and for the lives we live. Enjoy your holiday with family and friends.

Originally posted at InjuryBoard by Steve Lombardi

Trucker Hits Stray Cow on Highway and Dies. Is anyone at fault?

Steve Lombardi — Fri, 20 Nov 2009 12:01:00 GMT

Who’s to blame when a stray cow comes in the path of a moving vehicle? I’m sure that’s just what the family of the driver of a semi trailer is asking today. At about 2:15 a.m. on Tuesday October 20^th 2009 a still unidentified man hit a cow in the middle of Iowa Highway 14 between Chariton and Millerton. After the truck hit the cow it went into a ditch and then into a creek. Apparently the truck driver died. In rural Iowa this isn’t such a rare occurrence.

With cases like this one, lawyer-talk would refer to it as animal at-large case. For layman it’s a black cow standing on the highway. I know it makes no sense to most people but the law isn’t interested in the pop culture or hip talk or any talk that takes away from its history. The law is passed on down from generation to generation of lawyers, judges and some farmer legislators. We have to talk the same language and so it’s not something that can change with generations. Maybe that’s one reason why law school is difficult; we talk what must seem like a foreign language to most people. But that’s the nature of the law.

So this cow in the motorway is standing there and it causes an accident. The Iowa Supreme Court on November 13, 2009 published its opinion in Thompson vs. Kaczcinski and Lockwood, No. 08-0647 involving slightly different facts but resting on the same legal principles applicable in the news case under consideration. In its decision the Court agreed with the Iowa District Court a duty could not rest upon Iowa Code Section 318.3 but could rest upon the common law. Kaczcinski had to do with a disassembled trampoline that wasn’t secured to the ground and blew into the roadway causing an obstruction that resulted in Thompson swerving to avoid it, then rolling his car and suffering injury.

I find the Court’s narrow reading of the legislature’s intent behind 318.3 unsettling. Recent thinking of how the courts are to act when interpreting the law relegates the duties of the third branch to that of a scrivener. The judicial branch shouldn’t be mindless robots doing the bidding of the uneducated legislature. The judicial branch is supposed to be the branch of government with a heart, soul and mind where justice is more than just your day in court.

Most laypeople reading t his will scratch their heads wondering what the Court is talking about. Suffice to say they sent it back to Judge Goodhue in Madison County for trial on the common law negligence count. That means the Reverend Thompson gets his day in court for the jury to decide whether the owners were negligent in not tethering it down to the ground and then not acting quick enough after the storm to secure the trampoline from the highway.

The part of the decision most people would find quirky but right on the money are the inferences by concurring Justice Cady mentioning patio furniture and things we have in our yards that might act similar with wind gusts. While I appreciate the thought it’s not likely a picnic table has the same sail-like qualities as does a large sheet trampoline.

To read Thompson vs. Kaczcinski and Lockwood, No. 08-0647 follow the link.

Originally posted at InjuryBoard by Steve Lombardi

What happens when a member of your hunting party decides he wants to take “random target practice”?

Steve Lombardi — Thu, 19 Nov 2009 12:01:00 GMT

In this case the death of an 18-year-old from Manchester was caused by accidentally being shot by a member of his own hunting party. These men were hunting on Monday October 19^th 2009 about one mile north of Dundee when a member of the hunting party decided to take some random target practice and accidentally shot and killed a fellow hunter. The member of his hunting party was unidentified according to the Delaware County Sheriff’s Office. The dead man was out of sight behind some dense foliage when the accident occurred officials are reporting.

Like a fact situation out of law school case books this case intrigues anyone who takes a shine to the law.

So what are the rules of your hunting party? Make sure you know the rules and that all members of the hunting party are in agreement. Never randomly fire a weapon without knowing where ever member of the party is located. Do you have a group pow-wow to discuss where everyone will be and how the group will proceed? Does it take place before everyone removes the safety? Or are you all just playing Russian roulette? Is this just “one of those things that happens” or are there ways to avoid the risks associated with hunting in groups?

It shouldn’t take you long to recall a most recent incident involving very prominent people who were hunting quail when a member of the party was shot in the face. (February 11, 2006) For a list of articles follow the link. Ignoring the comedic crap someone added listen to what the Vice President says about fault. Hunting with a party requires knowing the location of other party members before you pull the trigger. Make sure your homeowner’s insurance covers any liability you may have in the event you shoot another member of your hunting party.

http://www.youtube.com/watch?v=pR7CH9zvD6s

I rest my case.

Originally posted at InjuryBoard by Steve Lombardi