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Personal Injury Law

Des Moines Personal Injury Lawyer

Commonsense analysis of Iowa personal injury law. Focused on the rights of the common working man and woman.
By Steve Lombardi, Esq.

Post Frequency: 17.4/day

Last Entry: March 31, 2010 at 07:01:00

Farm Equipment Accidents - Road travel by teens

Posted on May 07, 2008
Teach your teens about driving defensively when farm equipment may also be on the roadway. You should know that fall is the time when a greater number of accidents happen. The Iowa State Extension Office puts out a flier on how to share the road with farm vehicles...

Doctor in Texas Talking Up the Positives of US Medical Malpractice System

Posted on May 06, 2008
I never thought I'd hear a doctor say it publicly. But I'm glad he said it because it's true that the US medical malpractice system does support patients in a positive way. There are benefits to being able to hold the system responsible for medical care that falls below the standard of the medical community...

Boating and operating while intoxicated in Iowa.

Posted on May 06, 2008
Today is the birthday for my older sister and brother. They are twins. Not identical but nevertheless twins. I think my sister is the older one. She certainly acts older. She lives next door to our mother, Dolly. In honor their birthday let's talk about common sense...

Cadmium poisoning - your final defense

Posted on May 05, 2008
Cadmium's effects begin almost immediately after exposure. Though an individual may have overcome the cadmium blues, they will continue to suffer its effects in the form of bone loss, kidney failure, and respiratory problems (among other ailments).Even when exposure to cadmium is identified, diagnosed early on, and treated in the best manner possible, its effects don't just disappear...

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Nail Guns: A Tool of the Trade

Posted on May 04, 2008
Now, we know just how dangerous automatic nail guns can be; yet, they're used in worksites around the world on a daily basis. Nail guns make both industrial construction and home improvement projects faster and less labor-intensive...

You've been exposed to Cadmium - now what?

Posted on May 04, 2008
Cadmium poisoning and how to effectively treat it is a conundrum. Alright, let's say you've done everything we recommended in order to prevent cadmium poisoning. You've altered your diet to include a well-balanced mix of all major food groups, you've replaced your rusty, out-dated pipes, and you've stopped smoking (cold turkey, of course)...

Increased Susceptibility to Cadmium - are you responsible?

Posted on May 03, 2008
Certain hobbies and habits actually increase your susceptibility to the toxin. As if the nicotine and tar weren't enough, add cadmium to the mix of tobacco's harmful ingredients.In our previous posts, we've identified several causes and effects of Cadmium (aka the secret, silent killer)...

Defamation suit by law professor against those accuse him of being a racist - Weak arguments often times require labeling the opposition.

Posted on May 02, 2008
Words can have a powerful and often times unintended impact on the person to whom they are directed. In the case of the accuser labeling the opposition, often times the accuser hasn't thought through the consequences of doing a shout out. The ABA Journal reports in Law News Now that a law professor has sued students, saying they defamed him by calling him a racist...

The High Cost of Cheap Batteries

Posted on May 02, 2008
While we're doing our best to keep our wallets thick, we're contributing to the health deterioration of any factory worker or distributor. Though the negative effects of cadmium batteries are well-known and well-publicized, we buy them because of their cheap cost and quick surge of power...

Gun Industry Gets the Green Light from both Congress and the Second Circuit

Posted on May 01, 2008
New York City has a criminal nuisance statute allowing the city to sue businesses engaging in a criminal enterprise or who contribute to criminal activity within the city limits. Using this statute in 2000 New York City filed a lawsuit against gun sellers and gun manufacturers because as it alleged together for "the movement of legally distributed handguns into illegal markets"...

CADMIUM EXPOSURE - ARE YOU AT RISK?

Posted on May 01, 2008
At or near home sites, cadmium exposure can occur through industrial run-offs, insecticides, and even old galvanized pipes or other containers partially composed of cadmium.To date, there is no known effective treatment for cadmium poisoning.As mentioned in yesterday's post, cadmium is a heavy metal that can be toxic; in fact, it's one of the heavy metals most often implicated in human poisoning, which can occur through ingestion, inhalation, or absorption through the skin...

Accutane News - Case 1, 2 and 3 - $7m, $2.6m and now $10.5m

Posted on April 30, 2008
Accutane is as drug for treating severe acne. There are important and significant side-effects disclosed on the written warning. One side effect caused by ingesting Accutane is ulcerative colitis. A New Jersey state court jury awarded a 24 year old woman $10...

Not stopping for a stop sign can have deadly consequences.

Posted on April 30, 2008
Two motorcycle riders broadsided a truck that failed to stop for a stop sign. The accident happened in Marshall County, Iowa. One rider died and the other was injured. Three lives all changed for the worse because of either a distraction or a disregard for the law...

A Secret, Silent Killer

Posted on April 30, 2008
Cadmium, which is highly toxic, is often found in industrial workplaces and recently there has been a growing awareness of workers and home owners alike being affected by cadmium poisoning. Cadmium exposure can occur from sewage sludge, fertilizers, polluted groundwater, mining run-off and foods grown in contaminated soil...

Are hurt feelings enough to justify a lawsuit?

Posted on April 29, 2008
Legally speaking, yes, hurt feelings alone are enough to plead a lawsuit. But practically speaking hurt feelings alone will not justify taking up the Court's time. The Quad-City Times reports on a case that sooner or later will have to address this question...

How can you streamline accessibility to your medical records?

Posted on April 29, 2008
What technology is available that may save your life and speed the transmission of your medical history to a treating physician in a hospital where you've never visited? Several are available. Like most areas of our life there is growing interest in the medical records area from a technological standpoint...

Solon Motorcycle Crash with Deer Kills Passenger

Posted on April 28, 2008
A motorcyclist lost control after attempting to avoid colliding with a deer. The passenger died in the ensuing collisions. Here is what the Press Citizen reported: "A motorcycle crash Wednesday morning near Solon has left one person dead and another injured...

Motorcycle Helmets - Should they be mandatory?

Posted on April 27, 2008
A few months ago I wrote a blawg about my position on motorcyclists wearing helmets and making it mandatory by law. There's a lawyer in California who has an Internet website named the "Biker Law Blog", apparently took issue with my post and later commented on it...

Food poisoning, listeria, bacteria, death and miscarriages.

Posted on April 25, 2008
It can take between one and eight weeks for the symptoms of food poisoning to become acute. Health officials in Massachusetts have reported several deaths and miscarriages as a result of listeria. Listeria is a bacterium that is often found in raw foods, like meat, vegetables along with cheese and cold cuts...

Insurance Company Bag of Tricks

Posted on April 24, 2008
Let's assume you are involved in a two-vehicle collision. The other driver is at fault, such as it appears was the case in the rural Baxter collision where two motorcycle riders died. The insurance company for the at-fault driver is immediately put on notice of the collision by its insured driver...

Defamation - What do I need to prove?

Posted on April 24, 2008
What can you do if a former employer gets the word out that you stole from them and makes remarks about your personal life, all which are untrue. What are the main elements of a defamation actiion?What can you do if a former employer gets the word out that you stole from them and makes remarks about your personal life, all which are untrue...

Rural Newton, Jasper County Intersection Collision - Motorcycle Riders Dead

Posted on April 23, 2008
At a rural intersection on Highway F17 just west of Baxter, Iowa a Newton man and woman were killed when a van driver failed to stop at a stop sign and to yield. Details are sketchy and the Jasper County Sheriff's office is investigating. There is an intersection on Hickman Road in Clive where the City installed a camera to save evidence of drivers who do the same...

GPS - A marketing plan that destroys good driving habits.

Posted on April 19, 2008
Another potential source is driver distraction is the global positioning system or GPS that several manufacturers place in cars as standard equipment. As a person with a brain trained in the law it's amazing how complicated all these devices that are supposed to make our lives simpler are complicating it more and more...

SUDDEN STOPPING - WHO'S TO BLAME?

Posted on April 18, 2008
Though legislation varies county-to-county, each state has an established set of vehicle and traffic laws, each of which contains a section or subsection that states: "No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal...

Why are construction workers killed from falls when fall protection gear is so readily available?

Posted on April 17, 2008
Another death resulted in a fall from a swinging scaffold hear Thompson, Iowa. A Minnesota man was working on a construction site building a feed mill at Christensen Farms, when apparently he slipped and fell 150 feet to his death. The man was an employee of the general contractor, Todd and Sargent Inc...

Bikes and cars can be deadly

Posted on April 17, 2008
With all the text messaging and cell phones being used while operating cars it's no wonder more cyclists aren't injured or killed. A Shelton man was recently killed when struck from behind. The number of cars and the size of some of them put cyclists at a disadvantage...

Auto Accidents - DOES YOUR iPOD HAVE YOU TUNING OUT?

Posted on April 17, 2008
Researchers have identified strong links between listening to fast-paced music and driving fast and listening to loud music and driving recklessly, both of which correlate with increased accident rates. The iPod is great but until technology catches up to human frailties you need to pay less attention to your tunes and more attention to the traffic...

Cell Phones: Getting the other driver's cell number - It's just like being on a date, only you've already crashed and burned!

Posted on April 16, 2008
Who else would suggest reading Dating for Dummies, 2nd Edition, by Dr. Joy Browne to improve your chances of proving negligence in a car accident? Read the Des Moines Injuryboard blawg to find out. Okay so you read my last post and don't feel comfortable confronting the other driver or the police officer was no use in getting the appropriate investigative information - what then do you do? Well a gentler way to still get the number is through the accident investigation exchange form used by some police departments...

Hayrack driver charged with OWI

Posted on April 16, 2008
This story is about a hayrack ride that went in the wrong direction ending up down a quarry. The hayrack was being pulled by a tractor. The tractor was being driven by the guy charged with OWI. If the hayrack had been pulled by a horse, even though it could be described as a one-hour-power operation the OWI charges would probably not have been filed...

Cell Phones: University of Utah Applied Cognition Lab

Posted on April 16, 2008
In today's post the Des Moines Injuryboard blawg provides a one stop source for a better understanding of how cell phone usage increases the risk of an auto accident. If you have a case that involves the use of a cell phone this list of articles and web links may assist you to understand the gravity of your negligence and proximate cause question...

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