Des Moines Personal Injury Lawyer - Wrongful 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

Free Speech is the Only Cure for China's Next Melamine Problem

Steve Lombardi — Mon, 30 Nov 2009 12:01:00 GMT

Melamine poisoning is in the news again, this time with the official Chinese execution of two men associated with being involved in the chemical poisoning of baby formula in 2008. In that consumer product contamination case 300,000 babies suffered some form of kidney failure and disease. At least six babies died from kidney failure. The Chinese Courts controlled by the Chinese Communist Party (CCP) shut down 99.99% of all law suits filed against those involved with producing and then distributing tainted milk and infant formula. In response to the filings the CCP went after the lawyers who dared to file suit against the business interests that control world markets and that dictate what the American financial markets woo. With the force of its form of tort reform the CCP is a shining example of what the Bush Administration hoped to achieve in America.

Contaminated Food - What is melamine doing in my Wonton Soup?, September 16, 2008, Steve Lombardi

But six cases have been allowed to proceed in China’s court system. Why? It’s anyone’s guess but probably more of a publicity stunt for the sake of propaganda than to achieve any semblance of fairness or justice.

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

If you’re interested in reading more about melamine and how it was being used to dodge the official protein tests used to determine the content of milk follow the link.

1. Consumer Safety: How do we solve the melamine contamination crisis ...

Jan 5, 2009 ... The entire melamine contamination debacle I find interesting. ... Posted by Steve LombardiJanuary 05, 2009 12:33 PM ...
desmoines.injuryboard.com/.../consumer-safety-how-do-we-solve-the-melamine-contamination-crisis-and-stop-the-chinese-from-corruptin... - Cached -

2. Food Safety: Melamine news, including the CCP takes action against ...

Food Safety: Melamine news, including the CCP takes action against government officials for melamine contamination debacle. Email Member · Steve Lombardi ...
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3. Food Safety: Melamine test looks promising. | InjuryBoard Des Moines

Food Safety: Melamine test looks promising. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook · Visit Steve ...
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4. Vacation Safety: Microwaving plastic plates and spoons may release ...

Vacation Safety: Microwaving plastic plates and spoons may release melamine and formaldehyde into your food. Email Member · Steve Lombardi. Attorney ...
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5. Contaminated Food - What is melamine doing in my Wonton Soup ...

Contaminated Food - What is melamine doing in my Wonton Soup? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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6. Food Safety: Is there an evil twin keeping that melamine ghost in ...

Food Safety: Is there an evil twin keeping that melamine ghost in your pantry company? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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7. Product Label Codes: On what grocery store shelf is melamine ...

Product Label Codes: On what grocery store shelf is melamine hiding? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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8. Food Safety: Melamine contamination accusations against America's ...

Food Safety: Melamine contamination accusations against America's Wyeth. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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9. Food Safety: Melamine contamination stirs emotions | InjuryBoard ...

Nearly 53000 children sickened and four dead from melamine contaminated baby formula. ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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10. Melamine is processed from coal | InjuryBoard Des Moines

Melamine is processed from coal. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook · Visit Steve Lombardi on ...
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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

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

Did honesty get Florida lawyer, Melissa Lewis, killed? (Updated 11/19/09)

Steve Lombardi — Thu, 12 Nov 2009 09:17:00 GMT

With recent developments surrounding the Law Firm of Rothstein Rosenfeldt Adler the answer to the question in the title just got 1,000 times more complex. “I read your post about Melissa Lewis. Are you aware of the recent events in Ft. Lauderdale?” the caller asked me. I wrote about Melissa Lewis back on March 11, 2008.

What happened to Melissa Lewis? If you can answer that question you may get a $250,000.00 reward. Steve Lombardi, March 11, 2008.

Back then I wrote:

"So what happened to Melissa Lewis? As a partner in her law firm she was talented and seemingly married to the law and now is the victim of a crime. She lived in Plantation, Florida. Last week after returning home from the grocery store she ended up dead and floating in a canal. Mace was sprayed all over the inside of her garage. The burglary system still in place and her two dogs undisturbed the groceries she purchased and her purse were later found to be missing. The local police suspect robbery." Steve Lombardi, Injuryboard.com

Then and now the story smelled fishier than the oldest fish file in this law office. I figured she had to have known the person who killed her. Why else would the burglary system and dogs be undisturbed? If you’ve kept up with the story, about the law firm where she worked, you know that the principal lawyer of Rothstein Rosenfeldt Adler is under investigation for … well, as the WSJ puts it:

“In the complaint, prosecutors claim that Mr. Rothstein operated the Ponzi scheme since 2005 using his law firm, Rothstein Rosenfeldt Adler. Investors were promised fat profits of 20% or more by paying lump sums to people who had won legal settlements that would supposedly pay out larger amounts over a longer period. Mr. Rothstein's attorney didn't respond to two phone messages seeking comment.”

Since March 2008 several key developments have transpired. The most significant being missing money, client money, firm accounts, campaign contributions, donations, plane rides, leaving town without an explanation, asking lawyers in the firm to do research on not-so-friendly extradition countries like Morocco and Israel followed by the filing for dissolution and liquidation, a process somewhat similar to a bankruptcy. There is a story about a lawsuit over a home redecorating bill and doubling down to obtain money in an account. Each new fact seems to enlarge the intrigue along with a total lack of common sense.

http://www.youtube.com/watch?v=UIKRq82IAKU

“If the firm is dissolved it could meet the same fate as Dreier LLP, a New York law firm that was closed after its founder, Marc Dreier, was arrested for defrauding investors by selling bogus notes. Earlier this year, Mr. Dreier was sentenced to 20 years in prison. It is still unclear, however, whether the Florida firm would have to disband.” WSJ, Nov. 4, 2009

At least one former business associate is distancing himself from any existing business relationship. See, The Fall of Scott Rothstein, By Roger Stone

“While Rothstein Rosenfeldt Adler is certainly a highly capable law firm of talented and professional individuals, there was never any evidence that the firm generated the kind of revenue that Rothstein was spending on real-estate, exotic cars, wrist-watches, charitable contributions, political contributions, jewelry, watercraft, designer clothing and multiple luxury homes in Fort Lauderdale and New York City.

Rothstein's spending became so profligate that one year ago I retained Adam Mangino, a former DEA Agent, to investigate and determine the source of Rothstein's new found wealth. While Mangino could not determine the source of Rothstein's wild spending, he did advise me that the money was not Rothstein's.

I asked Rothstein to dissolve RRA Consulting LLC a year ago and his sponsorship of the STONEzone ended July 29th of this year. I am not an investor in any of his schemes and can't believe anyone in their right-mind would entrust him with investor money.”

And so the Florida attorney called and asked, “Why did an attorney from Iowa find the Melissa Lewis disappearance so interesting?” Instinct I guess. Trial lawyers have to have good instincts to survive and I guess you could say instinctively the Melissa Lewis story just didn’t add up for me. So now I’m left to ask, “Did Melissa Lewis know too much?”

Will we next hear that client money left in the trust account is missing? I have no way of knowing how money was maintained in the Ft. Lauderdale law firm, but I do know how money is kept by most lawyers. Lawyer trust accounts are like most trust accounts; deposits are someone else’s’ money, meaning keep you mitts off of it. Withdraw and spend that money and it better be to pay for your kid’s life saving operation. In Iowa we have a strict rule about lawyers using trust account funds; if you use it then you automatically lose your license to practice law. The Iowa Supreme Court has a long history of revoking law licenses when lawyers steal from the trust account. Several lawyers have had the not too pleasant experience of being on the receiving end of law license revocation. Revocation is similar to a quick and timely law license funeral. As a lawyer you might as well be dead because without a license you can’t practice law. And those whose licenses are revoked don't come back into the practice of law.

This video clip was provided to me and I believe it shows the main character in this not too flattering mystery story. Listen to him and like me you'll have to ask how does he intend to make it all right?

http://www.youtube.com/watch?v=LQHxM80yKrg&feature=player_embedded

So what did happen to Melissa Lewis and why did someone believe she had to be killed?

As you can well imagine anyone in a firm with knowledge and a reputation for telling the truth would pose a considerable threat to those who would be on the receiving end of such an investigation surrounding missing client funds. If the amount missing is in the millions then the civil and criminal challenges become insurmountable: Unless of course the main witness disappears. Was Melissa's honesty on obstacle to be dealt with? I think we will continue to follow this story. Even Steve Martini and John Grisham would have a best seller with the likes of the facts in this case. Take a look at this news report.

"In Breaking News, Deirdra Funcheon reports that the law firms accounting employee’s husband has been charged with the murder of Debra Lewis." The motive in that case as alleged by the prosecutor seems ludicrous. “The motive was supposedly revenge for Lewis's closeness with Debra.” The criminal defense team alleges the husband was framed. And to complicate the situation even more one of the prosecutors who first worked on the Melissa Lewis murder case went to work for Rosenfeldt Rothstein Adler. The list of possible suspects goes deep and seems to grow with the amount of money being thrown around. Melissa Lewis had an ex-husband that some say should be a suspect.

Who can say who should be the number one suspect when the victim was surrounded by all this controversy.

“According to the arrest warrant for Tony Villegas, police received "a copy of an e-mail drafted by victim Lewis dated December 20, 2007, wherin (sic) she requested assistance for her friend Debra Villegas (wife of Tony Villegas) stating that 'How hard is it to do a will? My friend Debra is going through a divorce. Her ex-husband is nuts. To be on the safe side, she wants to be sure she designates who gets her children if he hurts her and goes to jail. Seems extreme, but you have NO IDEA what is going on and restraining orders are worthless.'" The affidavit does not specify from what account the e-mail was sent, to whom it was sent, or how detectives obtained it.´ Breaking News, Deirdra Funcheon

Did giving legal advice to her friend get her killed? Or was it she knew too much about the flim-flam being perpetrated on clients? This case has facts that would make CSI writers drool. Rick Cassel and Kate Beckett would love to work this case.

“Police noted that Tony Villegas was a train conductor, and that cell phone pings from the victim's phone in the hours after her death matched up with Tony Villegas's train route. The affidavit also cites witnesses who claim to have seen Villegas washing pepper spray off his hands the evening the murder was committed. Villegas remains in jail awaiting trial; Fleisher believes it will be at least a year before the case is tried. He says Villegas is "holding his own" in there.” Breaking News, Deirdra Funcheon

So some think the train guy killed her. But why? Over mere jealousy? Seems unlikely. But jealousy about what? Friendship? That seems more unlikely. But what about money: or access to a lot of money? Is Tony Villegas just a convenient pawn for the prosecution? Or do they have the motive all wrong? Now that the cat is out of the bag with the law firm are their other people with clearer motives for silencing Melissa Lewis? Even Martini, who I like better than Grisham couldn’t weave these facts into the suspense novel it’s becoming. And the ending of who killed Melissa Lewis still hasn’t been written.

Who are the cast of characters in this unfolding drama?

Melissa Britt Lewis, attorney at Rothstein Rosenfeldt Adler who was murdered.

Scott Rothstein, principal attorney at Rothstein Rosenfeldt Adler.

Debra Villegas, employee of Rothstein Rosenfeldt Adler, who allegedly handled the books.

Tony Villegas, former husband of Debra Villegas and the man charged with Debra Lewis’ murder.

U.S. District Judge William Zloch is the federal judge assigned to the forfeiture case.

Chuck Zloch, of Mass Mutual insurance is allegedly a friend of Rothstien's and the brother of Judge Zloch.

Attorneys Jeffrey Sonn and John Genovese filed a petition to force the Rothstein Rosenfeldt Adler firm into involuntary bankruptcy.

This is one complex case. I can't wait to see the forensics. And all I can say is, I rest my case.

http://www.youtube.com/watch?v=bHy7iMw0UKY

UPDATE: November 19, 2009

The Sun Sentinel Newspaper writes today "Does lawyer's murder need fresh look after Ponzi allegations?" The news columnist, Michael Mayo interviews the younger sister of Melissa Britt Lewis about her experience with being around Tony Villegas (the man accused of Lewis' murder) and about her experience with Villegas' wife, Debra Villegas (the COO at the law firm where Scott Rothstein was a partner. It's well worth reading and provides further evidence of the relationships and character of the people involved. Here are a few passages:

After her sister's funeral, Fisher said Debra Villegas came up to her and said, "Let's keep in touch. If you or your family need anything, just call."

Fisher said she tried calling Debra Villegas three or four times the following year.

"I never heard back," Fisher said. "I thought maybe she was depressed and having a hard time, feeling guilty about my sister's death (because her ex-husband was accused), so I gave up. It made me feel sorry for her. But now I'm just angry."

....

"Melissa said Tony was always cordial to her — that's why she wasn't afraid of him," she said.

....

Tony Villegas had no criminal record before being charged with the Lewis' murder, and there were no domestic violence complaints or restraining orders against him.

Fisher said she now wonders about Debra's credibility and motives. Some in her family wonder if Debra played Lewis and Tony Villegas against each other, and if she wanted Tony Villegas or Lewis out of the picture."

A jury will be asked to figure out what would make a guy snap and want to kill his soon to be ex-wife's best friend? Of course that jury will certainly be aware of the Rothstein financial mess and Villegas' position in that firm. By the time the murder case is heard charges may be filed in the financial wrongdoing case which may provide a clearer motive, but point the prosecutetorial finger in another direction.

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

Why might a pedestrian not realize a garbage truck is backing?

Steve Lombardi — Sat, 31 Oct 2009 14:08:00 GMT

When we receive real life examples of how personal injury accidents occur sometimes we post them as a Q&A. In this instance see how easily you can become victimized by injuries in which you had no part in creating.

QUESTION: Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck (Ankeny Sanitation) when my boyfriend was getting out of the car- the truck came from behind our car and was backing up without a back up alarm. It hit the door and bent it forward- luckily my boyfriend did not already fully step out because when he turned his head the truck was inches from his face- if he had it probably would have taken his head off!

I left a message with their company today to see if they will do anything about my car- the driver of the truck said he had brought up the issue that his back up alarm didn't work just this morning in a company meeting, but they obviously still sent him out without it working.

I'm wondering if there are laws that say they have to have their back up alarm working now? This is so horrible what I read happen to others and it really is a dangerous problem!

Thanks so much, Sarah

ANSWER: Hi Sarah, thank you for the excellent question. I'm happy to answer it. Yes there are laws that require companies with trucks manufactured with back-up alarm systems to maintain them. The truck isn't supposed to be put back into service until the rear-warning device is repaired and fully operational. You're right on the money. They will certainly have to pay for your car. And your boyfriend should thank his lucky stars he wasn't killed. Tell him it will make him a wiser juror and more understanding father.

Steve Lombardi

Here's an example of a garbage truck accident with a pedestrian. In this instance the pedestrian is a fellow worker of the truck's crew.

http://www.youtube.com/watch?v=eAbM6OR-V40

To read more about these types of accidents visit our blog The Verdict.

Truck Accident Prevention: Garbage truck backing over woman may be ... - 2 visits - Sep 18 In the latest case a Des Moines woman died of massive head and leg injuries on November 7, 2008 when a garbage truck backed over her while in an alley to ...
www.lombardilaw.com/.../truck-accident-prevention-garbage-truck-backing-over-woman-may-be-an-accident-but-it-is-preventa.cfm - Cached - Similar -

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Originally posted at InjuryBoard by Steve Lombardi

10 Reasons Why People Get Injured on I-35 in Iowa

Steve Lombardi — Sat, 31 Oct 2009 08:05:00 GMT

I’m going to step out of line today and answer this question about why clients get injured while using I-35 (or I-80) while traveling through Iowa. I could probably answer this question equally well, well maybe, for Minnesota, Missouri, Oklahoma or Texas but I’ll leave that to Brooks Scheulke, Mike Bryant, Noble McIntyre or Jeremy Thurman to do since they know those states better. Iowa’s intestate is mostly flat, but some rolling hills. From the north to the south I-35 is pretty straight and all four lanes. In central Iowa it jogs around Des Moines and becomes a part of I-80. Once you get to the south end of that loop you’re almost out of West Des Moines and I-80 separates off and heads west to Omaha, Nebraska. From there it’s a straight shot through to Missouri.

I’ve been studying the cause of accidents along I-35 for the better part of thirty years and although I’m not capable of naming all the reasons there are several that stick with me as a personal injury lawyer.

1. Alcohol related – driving while under the influence of alcohol or drugs.

2. Speed – driving too fast for the conditions, those conditions include weather and construction zones.

3. Distracted driving – driving while using a cell phone, an iPod, controlling the kids, eating, pets, arguing or any of the myriad of distractions that form a part of the epidemic of driver distractions.

4. Look out – driving without looking where you’re going and I mean paying close enough attention and focusing your attention to changing conditions.

5. Anger management issues – this one I’ve seen more and more of on the Interstate 35 and 80. Road rage is a popular term that doesn’t quite describe what this one is about. I say that because it makes pissed off drivers sound like they have an uncontrollable disease; when in fact it’s all controllable. Even women suffer from it although I suspect men allow anger management issues to creep into the driver’s seat more often.

6. Deer – OMG! It’s a deer. Yup this is Iowa and when the crop starts coming out of the field so goes their habitat and they must keep moving. Deer are more active at dawn and dusk so watch closer during those times. Especially you who are on motorcycles.

7. Being in a hurry – especially around the cities of Des Moines, West Des Moines, Urbandale, Clive, Waukee, Ankeny, Cedar Rapids, Iowa City, Davenport, Council Bluffs, Waterloo and Cedar Falls we have people using the interstate system for inner city travel. There’s nothing wrong with it but it does add cars, trucks, motorcycles, delivery vehicles, lawn car trucks and all those other errand types of traffic that seem to add clutter with people in a hurry. Being in a hurry is no excuse for not being courteous, thoughtful, mindful and realizing that you’re now on the Interstate highway system. So slow down and use other roads if you can.

8. Inexperienced or youthful drivers – You know everyone sees these kids and younger adults driving. We rent parking spaces to high school students and their cars are always so easily spotted. There are a million dangly things hooked onto the rear view mirror, that block the view out the windshield. The driver’s head is down many times because they are texting. Many times there are a bunch of them in the car and that youthful exuberance seems to get everyone talking at once and heads bobbing to the conversation. Since many know they aren’t following their parent’s rules they are always looking around furtively hoping you’re not their PARENT! Anyway you know it’s true and you’ve seen them violating most of these rules of the road.

9. Not thinking – drivers forget when they get to a construction zone that they need to adjust their attitudes for the changing conditions. The drop in speed limit isn’t just a suggestion. Those road crew workers aren’t crash test dummies; they are real people that actually die if you strike them. Road workers can’t always be watching you so get as far over and away from their area as you can. When you see a road crew, the sign should give that away, adjust your attitude to slow down, pay more attention, look for the crew members and get out of the hurry-up mode.

10. Fatigued semi-truck drivers – truck drivers are being used by transport companies to fill-out phony logs and we all know it. They will deny it and say I don’t know what I’m talking about. When the truckers are in an accident, and this doesn’t apply to them all, many have phony log books that cover for the company they work for. If you want to keep your job as a truck driver you have to make the delivery on time or else it’s see-ya-time.

Here in Iowa we don’t have a tourism industry like they do in Florida but people still travel through Iowa on I-35 to visit Prairie Meadows to gamble, the Iowa Barnstormers, and the Iowa Cubs, on their way to Ames to see ISU play or on their way to Iowa City to see the Hawkeye football teams. They travel to attend schools at the major colleges like the University of Iowa, Iowa State University, Northern Iowa, Drake University, Des Moines University Medical School, Palmer College of Chiropractic in Davenport or Kirkwood in Cedar Rapids. People travel to all the major hospital systems like Iowa Health, Mercy Medical Center, McFarland Clinic or the University Hospitals and Clinics. And of course 1 million people travel into central Iowa every year to visit the Iowa State Fair. To visit family, friends or to just attend the Des Moines Metro Opera there are as many reasons to travel as there are people.

Be careful when you travel and pay attention. The life you save may be your own. And if you’re in an accident while in Iowa, even if you’ve traveled from one of our sister states call the Lombardi Law Firm for assistance. We are happy to work with your attorney from your home state.

And for fun today, here’s the Husband Calling Contest, which I’ve never seen or heard!

http://www.youtube.com/watch?v=VOV7R_PT1Wg

Series on I-35 (I-80) Travel from Texas to Minnesota

Steve Lombardi, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266

Tel: 515-222-1110 Fax: 515-222-0718 Email: sdlombardi@aol.com

Noble McIntyre, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Jeremy Thurman, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Schuelke, C Brooks, 1717 W 6th St # 375, Austin, TX (512) 476-4944

Mike Bryant, 1505 Division Street | Waite Park, Minnesota 56387 | T: 320.259.5414 | F: 320.259.5438

Originally posted at InjuryBoard by Steve Lombardi

Texas Sheriff Refuses to Issue Tasers to his Officers

Steve Lombardi — Wed, 28 Oct 2009 14:24:00 GMT

Tarrant County Sheriff Dee Anderson has done his own testing of Tasers as well as research on cases using Tasers and according to CBS news in Fort Worth, Texas he's not handing them out to his department officers. The use of this weapon has grown in popularity with Texas police departments, but Anderson is more concerned with it causing deaths. He said that when “people have health issues or who have used alcohol or drugs, the electric shock could be deadly.” He feels the negative aspects of a Taser outweigh the positives. Though Anderson will not issue Tasers to his deputies, he noted that he is not against enforcement agencies employing the weapon, saying "I completely respect others who decide to use them. I'm not a crusader against Tasers. I'm not out telling people not to use them. Everyone has to make the decision right for them.”

http://cbs11tv.com/video/?id=47391@ktvt.dayport.com

A recent incident which supports Anderson’s case of not using Tasers, involved a Taser being employed and caused the death of 24 year old Michael Jacobs in April 2009.

See related blog on Taser Debate spurs acceptance or refusal of Tasers.

Originally posted at InjuryBoard by Steve Lombardi