Des Moines Personal Injury Lawyer - death

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

RRA Litigation: Tony Villegas Deposition List, A Place to Start (Updated)

Steve Lombardi — Tue, 01 Dec 2009 09:01:00 GMT

Today looks like the day Scott Rothstein will be charged and then arrested by the FBI. I claims to not be talking but those who have followed this story closely see it differently. Rothstein has lost his law license and many of his assets seized; his law firm is in bankruptcy court. And what has Scott Rothstein been doing? Well, aside from living in hotel rooms he's been talking. And still the question remains as to what he knows about the murder of Melissa Lewis. And towards getting that question answered we come full circle to Tony Villegas.

UPDATE: Scott Rothstein was arrested around 7:45 a.m. this morning and is scheduled to appear at 11:00 a.m. before Magistrate Judge Robin Rosenbaum in U.S. District Court in Fort Lauderdale, Florida.

Watch the video clip from Channel 4 CBS.

http://cbs4.com/video/?id=87425@wfor.dayport.com

Where might the lawyers for Tony Villegas find names of those to depose as a way of finding out who knew what and when? After all it's looking more and more like Tony has been framed.

First I’d start with any lawyer who worked at RRA and left employment within the past 24 months. One person mentioned in a blog is Susan Dolin.

“We all seem to forget about one of the named partners in RRA early on. Her name is Susan Dolin (great attorney and nice person). Dolin abruptly quit and got the hell out of there. What did she see that made her give up that lucrative position as a named partner? Inquiring minds what to know.”

What does she know? And here is a list of potential witnesses to interview. You want motive, start here, they have to hate those that carried the Ponzi scheme and ruined their firm.

A
Adler, Russell S., Shareholder and Vice President
B
Barsky, Laurence S., Attorney
Berger, William J., Shareholder
Birken, Shawn L., Partner
Bofshever, Harold S., Partner
Buschel, Robert C., Partner
C
Cirulnick, Riley W., Attorney
Coen-Giovanelli, Dr. Sara, Partner
Cohen, Jodi N., Attorney
D
Dijols, Pedro E., Attorney
Dishowitz, Benjamin R., Attorney
F
Farmer, Gary M. Jr., Partner
Fistos, Mark S., Partner
G
Gibbons, Eugene, Attorney
Goldstein, Scott A., Partner
Gonzalez, Julio E. Jr., Partner
Guzman, Jan Paul, Attorney
H
Herrera, Frank, Partner
J
Jaffe, Steven R., Partner
K
Kitterman, Christina M., Partner
Kleinfeld, Denis A., Shareholder
Kusnick, Howard A., Partner
L
Lehrman, Seth Michael, Partner
Levy, Ellie A., Attorney
Linder, Carl H., Shareholder
Lippman, Steven N., Shareholder
M
Meyer, Diana, Attorney
N
Neiwirth, Arthur C., Partner
Nurik, Marc S., Shareholder
O
Osber, Steven H., Partner
P
Padowitz, Kenneth D., Partner
Pancier, Michael A., Partner
R
Rasor, Gregg E., Partner
Reyes, Carlos J., Shareholder
Rosenfeld, Kari E., Associate
Rosenfeldt, Stuart A., Founding Partner and President
Ross, John Michael, Partner
Rothstein, Scott W., Managing Partner, Chairman, CEO
S
Sardina, Gustavo, Attorney
Scheinberg, Howard M., Attorney
Schmidt, Justin B., Attorney
Smith, Grant J., Shareholder
Steinberg, Adam J., Partner
Stone, Barry J., Shareholder
Storfer, Richard B., Partner
Stracher, Les, Shareholder
Strohsahl, Brianne M., Attorney
T
Torres, Osvaldo F., Partner
W
Weissing, Matthew D., Partner
Williams, Johnny Jr., Partner
Wolfe, Tami R., Partner
Wright, Blandin J., Partner
Z
Zinkler, George L. III, Attorney

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

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

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

Where is defensive medicine when you need it?

Steve Lombardi — Thu, 19 Nov 2009 14:48:00 GMT

I wonder if I could die from defensive medicine not being practiced in Iowa.

Over the weekend Barbara drove me to the local clinic because I was sick as a dog and coughing so hard my lungs and chest and upper back muscles ached. The doctor walks in looks in my ears and throat, listens to my heart and lungs and says he’s putting me on antibiotics. And I thought what no x-ray or blood tests? Just drugs? No definitive diagnosis? Wait a minute. I thought about H1N1 and everything written about people dying from it so I rhetorically stated, “Maybe I have N1H1.”

All he said was “Yeah you might.”

And that was it. He talked for a few more minutes and left the exam room.

Which made me think, hey wait a minute where is all that defensive medicine I’m hearing about? How come I’m not getting unnecessary x-rays and stuff? After all if anyone is going to get defensive and unnecessary tests it’s got to be a Plaintiff attorney who even the Boogie Man has been led to believe are the one’s to fear for destroying the economic viability of this country. I read where even a house cat had its H1N1 diagnosed. How come it got a definitive diagnosis and not me? What test definitely tells you it's swine flu? Do you think they diagnosed the feline with a CAT scan?

But again I got nothing, no defensive medicine, and no unnecessary tests and was left wondering, “Does defensive medicine really exist?”

Maybe defensive medicine died from the H1N1 virus….

http://www.youtube.com/watch?v=0wK1127fHQ4

Originally posted at InjuryBoard by Steve Lombardi

Man killed in plant explosion, sparks or static electricity?

Steve Lombardi — Wed, 18 Nov 2009 12:01:00 GMT

In Columbia County, Wisconsin a 47 year old man died Sunday October 18^th, in an explosion in the American Packaging Corporation plant, according to the Wisconsin State Journal news source. Jeffrey Doxtator was from Columbus and had worked at the plant for 13 years. Fire Chief Randy Koehn said that Doxtator was using a handheld grinder which ignited sparks in an area of the plant designated hazardous. This employee error is thought to have caused the explosion and not the lack of safety precautions by the company. The Wisconsin plant has had good safety history according to electronic federal safety records.

At the time of the blast, 6pm, the only other workers in the building were the maintenance and janitorial crew, which evacuated the building. Doxtator, still in the building, was rescued by the firefighters and brought to Columbus Community Hospital. The coroner indicated Doxtator’s death to be from “multiple internal injuries due to blunt force trauma from the explosion.” The cost of the explosion to the building is estimated at $1.2 million.

American Packaging Corporation is privately held and has three plant locations: Columbia County, Wisconsin; Story City, Iowa; and the headquarters in Rochester, N.Y. The corporation produces specialty packaging for consumer goods.

At the time this blog was written the investigation of the Sunday explosion was still underway.

I'm not sure the error can be said to be that of the employee. That conclusion was stated as a fact at a time when no investigation had taken place. It would be important to know what actually caused the explosion: the tool being used may have had no effect on causing an explosion. Also I'd want to know who provided the tools, who selected the tools, what warnings were given about using tools in this area of the plant, whether it had been done previously without incident and with management's knowledge, the exact location and makeup of this department along with a whole host of other issues to be explored. I just don't agree with the conclusion reached by the news paper reporter or whoever decided what the cause of the explosion. There is more to it than a cursory examination would show.

http://www.youtube.com/watch?v=5TcNDozWQiM

Originally posted at InjuryBoard by Steve Lombardi

Go-Carting Safety and Riding on the Public Streets

Steve Lombardi — Fri, 13 Nov 2009 10:25:00 GMT

On September 04^th 2009 14-year-old William Beaulieau and a class mate 15-year-old Jacob Murray were go-carting when the go-cart they were riding in collided with a Ford truck driven by Chad Stange. The accident occurred at the intersection of 300^th Street and Stanley Road near Fredericksburg at about 5 p.m. Mr. Beaulieau was driving the go cart and both boys were ejected on impact and both died as a result of the injuries sustained in the crash.

First of all the report isn't clear but appears to say they were driving the go-cart on the public’s right-of-way; the road or street. If so, our first thought is to ask what are they doing riding on the street? And why at 5:00 p.m. when commuter traffic is likely to be increased due to people coming home from work? No license, no registration, no tags and no reason to be there. Was there a moped type flag on the go-cart? Go-carts are too low to be seen by normal drivers, so it's an accident waiting to happen.

The next question that always comes up is about supervision. Where were the adults who should be supervising them and why did they think it permissible to be driving a motorized go-cart on the public streets? What were they taught about riding it on the streets? Was someone home watching Oprah when they should have watching the kids? These are the types of questions that would need to be answered.

I've got experience with this in my neighborhood. I see my neighbor's children and adult children running an unlicensed ATV on the streets while trying to pull wheelies. When I see them out there my first thoughts are when the accident is going happen; you know the one that is inevitable. You see I live on a corner and I know my neighbors driving habits; probably too well. Here is my one neighbor who is also a lawyer and he drives way too fast through that intersection and now we are adding kids and young adults on an unlicensed vehicle. And then there are the neighborhood teen drivers going through that intersection as if they owned it. I’m shaking my head as I ponder the sound of metal to metal as the crash unfolds in my head; that's what happens to aging personal injury lawyers; we dream of all the crashes we've had cases about. Maybe I should move to the end of the cul-de-sac; then I wouldn’t know so much about the intersection down by Lombardi’s house.

These situations lead to tough questions with very unsatisfying answers.

If you’ll recall we’ve discussed a similar type of accident involving an ATV running into a parked car.

But it also raises another question. What was the driver of the Ford truck doing? How fast was he going? Did he have any distractions that took away from his awareness as a driver on the public roads? His actions may not excuse his negligence. Was he aware from previous occasions that this kid would be out riding his go-cart in the street? If so, was he watching out for him? Did he know the kid was there and just ignored him? Determining negligence is such a multi-faceted task with many questions about the behavior of each actor that need to be answered about whether it lived up to the reasonable man standard. In this case it’s probably too easy to just want to blame the kids on the go-cart; but our first inclinations aren’t always the fairest either.

So let’s wait till we know all the facts before judging and coming to a conclusion.

We wish the families well and I rest my case.

Originally posted at InjuryBoard by Steve Lombardi

Iowa Accidents - Cranes, bulldozers, cars, motorcycles, teens and tots.

Steve Lombardi — Wed, 11 Nov 2009 10:48:00 GMT

Linn County, Iowa - A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

Benton County, Iowa - KWWL reports on a two-vehicle car accident south of Garrison in Benton County. The news report is slim on facts. It’s reported to be at the location of 63rd Street and 19th Avenue. One person died, although we don’t know who.

Jefferson County, Iowa - In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence. Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street

occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames. Intersection collisions are pretty common when it’s location is either uncontrolled or out in the county.

If we are in a recession I'm not seeing it. If you need help or have questions with your insurance claim call us at the Lombardi Law Firm, we've done this for 30 years.

Originally posted at InjuryBoard by Steve Lombardi

Head-on Crash and the Center line in Clayton County, Iowa

Steve Lombardi — Tue, 10 Nov 2009 10:58:00 GMT

It’s reported that a vehicle being driven by Sarah Austin, 21 or Luana crossed the center line on U.S. Highway 52 at 5:45 a.m. on November 8, 2009 killing a 41-year-old man. The man Lee Zuercher was reported to not be wearing his seatbelt. His passenger, 18-year-old Coedy Zuercher was and apparently survived. So what did cause the car driven by Ms. Austin to cross the center line? That is the question any legal claims will be required to answer. As a lawyer I’d focus on whether she had a cell phone in the car and whether she was texting or talking. She may have spoken to the police and they may know the answer to that question. Any good investigation would require a search of the accident scene before first snow falls. My suggestion to the incident injured passenger and estate is to act fast.

Originally posted at InjuryBoard by Steve Lombardi