Lombardi Law Firm

Nervous Shock And the Bystander Liability Claims

Car accidents due to cell phone use Paul v Royal Wolverhampton: UK Supreme Court Tightens Limits on “Secondary Victim” Claims Question Posed: Do relatives who witness an act of medical negligence have a cause of action based on bystander liability? Let us look at this UK case and then consider the elements of a bystander liability case in the State of Iowa, United States of America. Headline / Lead In a landmark 2024 decision, the UK Supreme Court handed down its ruling in Paul [...]

Clarifying the Role of Personal Injury in RICO Claims

Medical billings can lead to government fraud claims based on qui tam actions for incorrect billings. Medical Marijuana, Inc. v. Horn does not radically expand RICO Headline / LeadIn Medical Marijuana, Inc. v. Horn, the U.S. Supreme Court addressed whether a plaintiff who suffered personal injuries can recover treble damages under the civil RICO (Racketeer Influenced and Corrupt Organizations) statute. The Court’s decision clears some uncertainty — and may influence how plaintiffs structure claims when both injury and business or property [...]

$11 Million Jury Award in Firearm Defect Case

Lawyers — What It Means for Product Liability Plaintiffs Headline / LeadA Philadelphia jury recently awarded $11 million to a U.S. Army veteran whose holstered Sig Sauer P320 pistol discharged while he descended stairs, injuring his leg. AP News The ruling underscores the growing litigation risk for firearm manufacturers and may signal a wave of stronger claims in product-liability and design-defect cases. Commentary by Attorney Lombardi What is written in this post is not Iowa law. This is a case in Philadelphia and [...]

Ode to our Third World President

Shifting sands of the Outer Banks, NC Dark Version (showing destruction of lies) At first it was a whisper small:I didn’t break the glass.A simple dodge, a minor tale,That quietly could pass. But lies, they breed like shadows do,Expanding without end.Soon I was weaving tangled websThat even trapped a friend. I told them I was faithful still,While nights betrayed my vow.The truth lay buried, gasping deep—But I denied it now. Then larger yet: I saved the town,I never lit the flame.But ashes choked the [...]

Wrong-Way Crash on I-80 Kills One, Injures Others

Attorney Lombardi A tragic early-morning crash on Interstate 80 near Altoona (Polk County) claimed one life and injured three others, after a wrong-way driver collided with multiple vehicles in the eastbound lanes. KCCI This accident, which closed a stretch of I-80 and drew law enforcement and media attention, highlights key legal, safety, and procedural issues in Iowa motor vehicle collision law. When I wrote for injuryboard.com I became intrigued by wrong-way collisions. I covered over a thousand such accidents. And in the [...]

Ode to Our Third World President

Representing people. Legionnaires’ Disease Iowa Marshall County The Ladder of Lies I told a fib at breakfast time,That I was never late.Though everyone had seen me there—Still fumbling at the gate. At lunch I claimed a fortune grand,Gold coins beneath my bed.Yet all I had was pocket change,And crumbs of toast instead. By dusk I swore I’d fought a bear,And wrestled it with ease.But truth is I just swatted atA swarm of honeybees. At supper came my greatest boast:I owned the moon and sky.I [...]

Expert Testimony in the 2021 Haunted Mine Drop Death Trial, the legal stuff

Iowa personal injury lawyer Here’s what’s publicly reported so far about the Garfield County (CO) verdict over the 2021 Haunted Mine Drop death of 6-year-old Wongel Estifanos at Glenwood Caverns Adventure Park. Legal theories the jury heard Wrongful death based on negligence against the park and on-duty operators, including allegations that operators failed to fasten the child’s restraints, ignored a console warning, and overrode the system while she remained unbuckled. Post Independent Negligent training/supervision and safety-procedures failures (park allegedly had no adequate protocol [...]

Haunted Mine Drop Wrongful Death Verdict $205 Million

Colorado Jury Awards $205 Million in Wrongful Death Verdict After Child’s Fatal Accident at Adventure Park Personal Injury Law Practice – Amusement Ride Liability A Garfield County, Colorado jury recently returned a $205 million verdict over the tragic 2021 death of 6-year-old Wongel Estifanos, who was killed while riding the Haunted Mine Drop attraction at Glenwood Caverns Adventure Park. The case has drawn national attention, both for the heartbreaking facts and for the enormous damages awarded. The Incident In September 2021, Wongel Estifanos [...]

The TopGolf verdict is a prime example of negligent design in a premise liability case.

Golfing with children, safety first. What Is Premises Liability? Premises liability is the body of law that holds property owners responsible for injuries that occur on their property due to unsafe or defective conditions. Common examples include: Slip and fall accidents from unmarked hazards. Negligent security leading to assaults. Unsafe design or failure to maintain equipment at recreational venues. To succeed, injured parties usually must show: The property owner owed a duty of care. The owner breached that duty by failing to maintain safe conditions or warn about [...]

$15.8 Million Verdict Against Topgolf: Jury Holds Entertainment Giant Liable for Child’s Skull Fracture

Iowa Personal Injury A federal jury in Portland, Oregon has returned a $15.8 million verdict against Topgolf after a young child suffered a skull fracture at the company’s Hillsboro, Oregon facility. The case—Thomsen v. Topgolf USA Hillsboro, LLC—was tried in the U.S. District Court for the District of Oregon before Judge Marco A. Hernández. The Injury The lawsuit arose after a birthday party at Topgolf where a minor guest crossed a painted red line that separated the seating area from the swing [...]