Iowa Personal Injury Analysis for April 29th, 2022
Finally, today there is something interesting to write about. Anonymous-donor conceived children where years later using affordable services like Ancestry.com or 23andMe, people put two and two together and figure out, unbeknownst to their parents, the doctor was the sperm donor. Oh man how angry would that make you. On the creepy scale this is way up there.
If you are interested in this story search the Denver Post, April 29, 2022, “Families win $9M award in fraud case”, subheading, “Mesa County doctor used own sperm to impregnate patients”.
I wouldn’t mind trying a case like this. That $9 million will divided between three families and includes a healthy amount representing punitive damages.
“The jury, on the negligence claims, found Jones to be 30% liable, with the clinic liable for the other 70%, Fitz-Gerald said. Roughly $3.75 million of the $8.75 total judgment came as punitive damages to Jones, the attorney said.”
Mesa County, Colorado giving birth to Tina Peters and Lauren Boebert is competing for being the goofiest place to live along with Marjorie Taylor Greene working very hard to take the crown in Georgia.
The Lombardi Law Firm practices personal injury law and we represent nurses across the State of Iowa. If we can lend a hand to protect your rights, please give us a call in West Des Moines, Iowa.
Business news this week included two cases from the Iowa Supreme Court having to do with whether or not the Governor’s proclamation closing restaurants and bars because of the health risks posed by COVID-19 were the kind and quality of events contemplated by business interruption insurance policies. Apparently not because both Jesse’s Embers and Wakonda Club walked away with nothing.
21-0374 Wakonda Club v. Selective Insurance Company of America
21-0623 Jesse’s Embers, LLC d/b/a Jesse’s Embers v. Western Agricultural Insurance Company d/b/a Farm Bureau Financial Services
I asked a colleague what he thought about it and he disagreed with the Court’s reasoning. He wrote to me: “… this court read the word “or” as meaning “and”. Disjunctive versus conjunctive. Concerning two defined terms, I thought “or” meant either was a trigger, guess not. Apparently, loss profits are not “damage” to a business. In Iowa, you need your property damaged “and” have a loss to be covered. The word “or” is the same as “and”.
So far no joy in Mudville for bars and restaurants versus their business insurance policies.
The Lombardi Law Firm practices personal injury law and we represent nurses across the State of Iowa. If we can lend a hand to protect your rights, please give us a call in West Des Moines, Iowa.
Looking at the ISP accident reports there are nine reports involving at least that number of fatalities. Sioux County, Cerro Gordo, Warren x 2, Carroll, Dallas, Des Moines, Sac and Washington.
Sioux – Barron vs Hueschen with two fatalities and two passengers heading off to the local hospitals. This was a controlled intersection with one driver failing to yield the right-of-way. Bad decision and equally bad outcome, but not totally unexpected.
Cerro Gordo – Single vehicle rollover after leaving the road and vaulting into a field. Bad deal.
Warren County – Single vehicle accident, which may actually be an accident. This 79-year-old man may have had a heart attack causing him to lose control of the car. I am totally speculating about the heart event, but there is no other explanation by the trooper.
Warren County number 2 – A two-vehicle collision Clarke vs Spurling resulting in the death of the 82-year-old woman whose car while attempting to cross Highway 5 was broadsided. As a personal injury lawyer, I have to wonder about eye-sight, and whether she should have even been driving.
Carroll County – Is a two-vehicle intersection collision with one driver failing to obey the yield sign before entering the intersection. The 69-year-old driver who does not appear to be at fault, was killed.
The Lombardi Law Firm practices personal injury law and we represent nurses across the State of Iowa. If we can lend a hand to protect your rights, please give us a call in West Des Moines, Iowa.
Dalla County – Heading over to Dallas County is a three-vehicle collision with an 82-year-old driver being killed. He was not the at-fault driver. Paetznick vs Neal and Thompson. In this collision sequence we have the east bound driver turning north across Hickman and not yielding to the oncoming traffic. Poor decision and bad result, I hope there is enough insurance.
Des Moines County – One vehicle collision with a pedestrian who was killed. Boyer vs Long. From what is written the 18-year-old runner ran out in front of the Ford Escape.
Sac County – Two cars, one from Shawnee, Kansas and the other from Dunlap, Iowa. Gentry vs Roberts. Must have been snow on the 18th in Sac County because the ISP report cites the driver losing control on a slush covered roadway. Won’t matter, slush does not excuse driving too fast. The driver is still likely negligent and at fault.
Washington County – Washington comes in last. The driver who is thought by the trooper to be at-fault didn’t see or didn’t give a truck pulling a trailer with an oversized shed enough room, clipped the corner and then crashed into a house porch. Interesting collision sequence but that’s about it because if the driver was at fault, then his death will likely go uncompensated through auto insurance.
Well, that’s it for today. Much to do on work we have already agreed to accept.
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The Lombardi Law Firm follows the motor vehicle accidents all across Iowa. We have represented over a thousand accident victims in almost every county in Iowa. If you have a question about your personal injury accident, call Steve at 515-222-1110 or email him at sdlombardi@aol.com. Contact form
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