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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

15-year-old Boy Dies After Being "Non-lethally" Tasered

Posted on July 31, 2009
Was he or wasn't he handcuffed when Tasered? This Michigan boy, only 15 died after being shocked with a 'non-lethal' Taser. Were there other methods to calm him down? Probably. Bay City, Michigan police didn't even consider other means. The Taser is so convenient and easy to use and many, especially stockholders say that it's safe and non-lethal...

First time offender, a Chief of Police wants bail lowered for Charge that he Tased his wife

Posted on July 31, 2009
Did he do it or not? That is the question to be answered in a small community of Oakwood, Texas in Leon County. The report states the mother-in-law noticed marks on her daughter and then reported it which spurred an investigation. The officer was then discharged...

Will Wall Street's lawyer layoffs slow down the number of CEO?s involved in financial crimes?

Posted on July 31, 2009
Like many of you I've read the stories about lawyers being laid off in growing numbers. It got me wondering if these layoffs were perhaps a good thing. First the number of financial crimes in the news is disproportionately high to the number of CEO's sitting in prison...

Boating Safety : River Dams Pose Special Kinds of Risk to Boaters

Posted on July 31, 2009
On July 30th 2009 at about 7:30 p.m. a man riding a personal watercraft in the Cedar River died after getting to close to a dam and getting sucked under. While his name hasn't been released the police have stated that he was wearing a life vest but the undercurrent was too strong...

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Florida?s Burmese Python Snake Problem Requires an Amnesty Program

Posted on July 30, 2009
Florida has a Burmese Python Snake problem, too many snakes on the loose in the Florida Everglades. Either they've escaped from a pet store during Hurricane Andrew or else the snake owners who kept them as pets then turned the snakes loose when they got to be too much for the owner's lifestyles...

A New Reality Show Called "Real Life", Beckons You to Parkersburg, Iowa

Posted on July 30, 2009
The EF5 tornado in Parkersburg, Iowa that leveled the town on May 25, 2008 is still being felt. An EF5 tornado is the most violent tornado possible and is based on the Enhanced Fujita Scale. The former scale is named the Fujita Scale; the new scale is enhanced due to taking into account newer construction standards...

Utah Troopers call it "a ride with the Taser."

Posted on July 30, 2009
Is the Taser when used as a substitute for communication skills the use of excessive force? This a routine police stop for speeding involving Utah State Trooper John Gardner and the driver, Jared Massey. It starts as a disagreement over who was speeding; did the trooper stop the wrong car? The alleged speeder had the trooper driving right in front of him...

Another rollover and death of teen driver after drifting off the hard surface of the roadway.

Posted on July 29, 2009
In another single vehicle accident a teen driver, 17-year-old Brittany Shaver drifted off the solid surface of U.S. Highway 385 in Alliance, Nebraska, was unable to get the car back onto the hard surface, rolled and was killed. The report states she was not wearing a seat belt...

Is tasering a pregnant woman the use of excessive force?

Posted on July 29, 2009
What will it take to prove to people that Tasers may be too convenient a tool and are taking the place of communications and a little time, resulting in excessive force being applied to otherwise law abiding citizens. The prohibition of excessive force is a part of the fabric of our Constitutional rights? Excessive force is force not necessary to enforce the law and to make an arrest...

Construction Safety: Falling pole kills co-worker, benefits may depend on a quick investigation

Posted on July 29, 2009
In what can only be described as a tragedy, a construction worker today was killed after a utility pole was knocked over striking and killing him. The utility pole was backed into by a fellow worker operating a Bobcat with a bucket on it. The worker that died was 32 years-old and his fellow worker was 57...

Downtown Des Moines ? DART Drivers 7, Pedestrians 0!

Posted on July 28, 2009
When I posted on July 24, 2009 about Des Moines bus drivers hitting pedestrians never did I anticipate that today we'd be once again discussing another bus-pedestrian collision in downtown Des Moines? Well, we are. They did it again, a DART driver struck another pedestrian...

Iowa Bank Sued Over Certificate's of Deposit

Posted on July 28, 2009
Meta Bank of Iowa is being sued by 8 groups who bought fraudulent COD's after former employee Charlene Marie Pickhinke of Sac City plead guilty to stealing $4.2 million from the bank. In her guilty plea Pickhinke admitted to selling COD's to as many as 50 banks and credit unions across the country...

I'm sure if he could the commenter would Tase me for pointing out the obvious.

Posted on July 28, 2009
I thought it was odd that the pro-Taser guy attacked me for what I do for a living. After all what does my being a lawyer have to do with the price of Taser International stock prices? This is the mentality left over from the failed Bush Administration policies...

Boating Safety News You Can Use - Where do you find safety information?

Posted on July 28, 2009
Minnesota Department of Natural Resources – I've heard it said that in Minnesota there are two seasons: fishing and hunting. With over 10,000 lakes the DNR has an enormous task of monitoring use of the indigenous waters. Safety tips from the Minnesota DNR are available online and are free...

Two boats collided on Lost Island Lake, as two 13-year-old Iowans are at the helm

Posted on July 28, 2009
Two 13-year-olds operating separate boats collided on Lost Island Lake east of Spencer, Iowa. Lost Island Lake is one vacation water spot in Iowa. One of the boys was injured and flown to a hospital in Sioux Falls, South Dakota on Sunday. The report from KCCI indicates the one boat driven by Langerman had another 13-year-old passenger, Morgan Muller...

Iowa Prosecutor Increases the Charges against Boater Accused of Drunk Boating

Posted on July 28, 2009
Previously I posted, A Sioux City Councilman was injured in a boating accident on the Missouri River. It seems the case has taken another turn. It's being reported by the major news sources the boat driver has been charged with two felonies related to the death of a passenger...

Is the Taser a tool of law enforcement too easily used to abuse police power?

Posted on July 27, 2009
Last week I wrote about an Australian law enforcement situation involving a tasering, that resulted in an explosion and a man catching fire. One of the commenters got abusive with the writer because he's a lawyer. The commenter obviusly was trying to distract from the point being made about police powers and abuse of police power...

States Should Begin Jailing Mothers Who Wrongfully Identify Men in Paternity Actions

Posted on July 27, 2009
It should be called the Hatley Amendment, in honor of Frank Hatley, a 50-year-old man who's been in jail since June 2008 for not paying child support even though two separate DNA tests in the last nine years prove he's not the father. The courts often times by technical defaults find a man is the father, even though he isn't the father, order him to pay child support, and when he doesn't he goes to jail for contempt of court...

Rural Iowa Roads, Where Tall Corn May Obstruct a Driver's Vision

Posted on July 27, 2009
On July 13th 2009 George Clark was headed Eastbound on 140th St. when he failed to yield while traveling through the intersection at Victory Avenue. Failing to yield caused the vehicles to collide and crash. The Clark vehicle was a small truck and it crashed into an International dump truck driven by Anthony Buckner...

Passing on the shoulder in rural Iowa requires reducing one's speed

Posted on July 27, 2009
On July 8th 2009 Daniel Kult was heading South of Timber Ave. when he attempted to pass another Southbound vehicle on the left shoulder, when he tried to bring his vehicle back onto the road he lost control and slid across both lanes of traffic and rolled several times before coming to rest in a residential yard...

Lost Brain-Injured Des Moines Man Demonstrates the Need for Wearing a Helmet

Posted on July 26, 2009
He has a brain injury and from what the reports state he is easily confused. Norris Price walked away from a local area hospital on Saturday around 12:30 p.m. He's 6'4', weighs 224 pounds and is 52 years old. When he walked off he was wearing a white t-shirt and blue or gray baggy pants...

Ames, Iowa Elevator Accident Resulting in Death of Illinois Man - Update

Posted on July 25, 2009
I've previously commented on the elevator accident in Ames, Iowa that took the life of a young Illinois man. These are my posts. Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator, June 8, 2009 Just the Facts: Elevator door collapse investigation in Ames, Iowa still open...

Texas Motorcyclists Injured and Killed By Turning Trucker

Posted on July 25, 2009
A Texas man, Vernon Newsom of Mansfield, Texas died in a motorcycle accident in or near Geddes, South Dakota as a result of a driver turning without first making sure it was clear to do so. Newsom, with his wife on the back attempted to pass a truck, as he started passing the truck started to turn causing him to have to take to the ditch where he was killed and his wife suffered life-threatening injuries...

Just Another Day in Paradise for Downtown Pedestrians and DART Drivers

Posted on July 24, 2009
Here we go again with another DART-pedestrian accident in downtown Des Moines. What is going on? On July 9th 2009 Veronica Lima of West Des Moines was dropped off on 9th and Walnut when DART bus driver Robert Delpierre allegedly failed to yield the right of way and then stopped right on her leg...

The Apology Shield - Pandering to Lies and Deception over Truth and Consequences

Posted on July 24, 2009
Get your beer goggles on because you're going to need them to see straight after reading this one. My friend and colleague David Mittleman recently posted "I'm Sorry" Policy Works for University of Michigan Health System, discussing a most disingenuous legislative invention being employed in Michigan...

Iowa Board of Medicine Charges Surgeon Involving Consent to Perform a Tubal Ligation

Posted on July 23, 2009
On July 8, 2009 an Iowa surgeon was charged by the Iowa Board of Medicine as follows: Paragraph 12. The Board alleges that Respondent failed to conform to the minimum standard of acceptable and prevailing practice of medicine in Iowa when he performed a tubal ligation on a female patient without proper consent in Iowa Falls, Iowa in 2008...

Sioux City, Iowa house fire death a lesson in household safety

Posted on July 23, 2009
I'm not sure we have covered the house fire in Sioux City, Iowa that took the life of 27-year-old Chonburi Louangrath. If so this post differs in it's approach to this too often seen news item about an unintended or accidental house fire. In this case the accidental fire was caused by a child playing with matches...

In some ways I envy the dead man in the dumpster, Jimmy Lankford.

Posted on July 22, 2009
Maybe he was just a man choosing a different lifestyle on terms he dictated. Maybe Mr. Langford chose to own less so he could have more of something else that was to him of higher value. Here is what I mean by his having more after choosing less. A fifty-year-old man was found in a dumpster dead and lying in a sleeping position...

Could use of steroids by high school athletes permanently impair their judgment

Posted on July 22, 2009
Their use has tainted the reputation of many professional athletes. Their prevalence in professional sports has caused drug screenings to become more commonplace today than at any other time. Their effects are suggesting to us that they are more than performance-enhancing...

Tasered Man Bursts Into Flames in Sydney; Cops Yell, Hooray for Our Side!

Posted on July 22, 2009
Here is the May 4, 1970 when students died at Kent State University protesting the War in Vietnam, which supposedly was never a 'war'. So now I have to ask myself, have the protesters become the establishment against whom they protested? It's true; a man in Sydney running towards police with a container of fuel was tasered and then burst into flames...

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