Iowa Edict

Big Pharma strikes oil in Texas with Barratry

Steve Lombardi — Thu, 17 May 2012 04:00:26 -0600

What’s with Barratry in Texas? Barratry isn't something you do on a Friday night pub crawl.

A news item from the ABA Journal on April 26^th describes a prominent Texas Lawyer as being accused of barratry. Oddly enough he is also a state of Texas representative who himself voted for a tough new law last year that makes barratry a criminal offense. Barratry is described below; as defined in Texas it includes sending a runner to an injured person with the intent to get hired. It's what lawyers refer to as unsolicited solicitation. Lay people refer to it as ambulance chasing.

Some define Barratry in a way somewhat similar to SLAPP suits used to silence critics. Wikipedia defines it as, Barratry ( /ˈ b ɛər ʌ t r i / bair-ə-tree) is the act of repeated legal actions for the purpose of harassment. In many states it is a crime, but read your own state laws before jumping to any conclusions about what behavior barratry includes. Suits meant to harass are intended to silence critics, it is known as a Strategic lawsuit against public participation (SLAPP). The typical SLAPP suit tries to force the opponent to spend money on lawyers; usually money they don't have, so it makes protesting more expensive than just spending one's time marching with a sign. Many jurisdictions that otherwise have no barratry laws do have SLAPP laws. In Iowa this would seem to be similar to an abuse of process claim. Boiled down and in plain language it means litigation for the purpose of harassment. But, let's get back to Texas.

From reading the article I do see the connection between what the lawyer is accused of doing and the criminal offense as defined by the law. He’s accused (and this is only an allegation) to have used a runner to seek a case from another Houston lawyer who was an auto accident victim. Here is the quote: “State Rep. [name omitted], 38, who represents District 27, himself voted for the tough new law last year that makes barratry a criminal offense. The managing partner of [the law firm] is accused of sending a runner to seek a case from another Houston lawyer who was an auto accident victim. Marcela Halmagean filed a complaint about the incident, according to the Southeast Texas Record and My Fox Houston. Reference is Trial & Litigation section of the ABA Journal.”

In my opinion this law has a bigger target than auto accident cases. It is intended to deter legal action against Big Pharma and other major businesses in Texas; plain and simple. Texas doesn’t really have citizens - people who live in Texas are more like hostages of big business. I wonder if it will be applied to the oil and gas industry who are paying people for mineral (uranium), natural gas and oil leases involved with fracturing. Fracturing uses a lot of water and pumps it with chemicals into the ground to push oil and gas out of the shale rock. Canada restricts what chemicals can be pumped into the ground. See below.

Big business doesn't like lawyers who represent large groups of people who can then share discovered documents and litigation costs. When litigation for the working stiff is economical big business gets a bit nervous. Judges appointed by conservatives also don't like people that sue big business. No lawyers like parties suing just to sue; but this is in my opinion heavy handed. Here is the law in Texas.

Texas Penal Code section 38.12 follows.

§ 38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT. (a) A person commits an offense if, with intent to obtain an economic benefit the person:

(1) knowingly institutes a suit or claim that the person has not been authorized to pursue;

(2) solicits employment, either in person or by telephone, for himself or for another;

(3) pays, gives, or advances or offers to pay, give, or advance to a prospective client money or anything of value to obtain employment as a professional from the prospective client;

(4) pays or gives or offers to pay or give a person money or anything of value to solicit employment;

(5) pays or gives or offers to pay or give a family member of a prospective client money or anything of value to solicit employment; or

(6) accepts or agrees to accept money or anything of value to solicit employment.

(b) A person commits an offense if the person:

(1) knowingly finances the commission of an offense under Subsection (a);

(2) invests funds the person knows or believes are intended to further the commission of an offense under Subsection (a); or

(3) is a professional who knowingly accepts employment within the scope of the person's license, registration, or certification that results from the solicitation of employment in violation of Subsection (a).

(c) It is an exception to prosecution under Subsection (a) or (b) that the person's conduct is authorized by the Texas Disciplinary Rules of Professional Conduct or any rule of court.

(d) A person commits an offense if the person:

(1) is an attorney, chiropractor, physician, surgeon, or private investigator licensed to practice in this state or any person licensed, certified, or registered by a health care regulatory agency of this state;

(2) with the intent to obtain professional employment for himself or for another, sends or knowingly permits to be sent to an individual who has not sought the person's employment, legal representation, advice, or care a written communication that:

(A) concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person and that was mailed before the 31st day after the date on which the accident or disaster occurred; (B) concerns a specific matter and relates to legal representation and the person knows or reasonably should know that the person to whom the communication is directed is represented by a lawyer in the matter;

(C) concerns an arrest of or issuance of a summons to the person to whom the communication is addressed or a relative of that person and that was mailed before the 31st day after the date on which the arrest or issuance of the summons occurred;

(D) concerns a lawsuit of any kind, including an action for divorce, in which the person to whom the communication is addressed is a defendant or a relative of that person, unless the lawsuit in which the person is named as a defendant has been on file for more than 31 days before the date on which the communication was mailed;

(E) is sent or permitted to be sent by a person who knows or reasonably should know that the injured person or relative of the injured person has indicated a desire not to be contacted by or receive communications concerning employment;

(F) involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence; or

(G) contains a false, fraudulent, misleading, deceptive, or unfair statement or claim.

(e) For purposes of Subsection (d)(2)(E), a desire not to be contacted is presumed if an accident report reflects that such an indication has been made by an injured person or that person's relative.

(f) An offense under Subsection (a) or (b) is a felony of the third degree.

(g) Except as provided by Subsection (h), an offense under Subsection (d) is a Class A misdemeanor.

(h) An offense under Subsection (d) is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under Subsection (d).

(i) Final conviction of felony barratry is a serious crime for all purposes and acts, specifically including the State Bar Rules and the Texas Rules of Disciplinary Procedure.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.

Amended by Acts 1989, 71st Leg., ch. 866, § 2, eff. Sept. 1,

1989; Acts 1993, 73rd Leg., ch. 723, § 2, eff. Sept. 1, 1993;

Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts

1997, 75th Leg., ch. 750, § 2, eff. Sept. 1, 1997.

Section: Previous 38.09 38.10 38.11 38.111 38.112 38.113 38.114 38.12 38.122 38.123 38.13 38.14 38.15 38.151 38.16 Next

Last modified: August 11, 2007

I find hydraulic fracturing interesting and the benefits for the United States very positive. It has and will create jobs that pay very well. If you doubt this visit North Dakota.

Property Casualty "Study" Concludes the Obvious

Steve Lombardi — Wed, 16 May 2012 04:00:26 -0600

The title is, “Study: Workers’ Comp. Fee Schedules Control Medical-Cost Increases”, by Mark E. Ruquet, Property Casualty 360 dot com. His conclusion is: States without medical fee schedules have higher costs and more rapid increases in prices than states with fee schedules. While I agree that’s probably true, more importantly is why are physicians starting to balk at getting involved in patient care when it’s a work related injury that caused the need for medical care? Answer that question and you are on your way to figuring out what may be a growing concern.

In the past two months we’ve had three doctors reject direct involvement saying they won’t handle workers’ compensation care cases for injured patients. That’s a concern because good doctors are who we need to be involved. My opinion is that doctors reject these cases because they are sick and tired of some two-bit undergrad educated adjuster telling them how to practice medicine. Iowa has long been behind the eight-ball when it comes to this issue. Our system allows the non-licensed adjuster with a two-week adjuster training school certificate to boss the doctor around with thumbs up or thumbs down to prescribed treatment. The doctor is the one with the medical license, not some two-bit adjuster. I call it micro-managing the medical care without a medical license.

The law should be interpreted to allow the insurance company to select a doctor after which the doctor should be the one controlling the medical care. The insurance company is allowed to select not micromanage the medical treatment. For far too long Iowa doctors have curtseyed to the insurance industry by allowing this nonsense to persist. Doctors need to know the patient’s attorney is the one on their side, not the insurance adjusters. Micromanaging the medical care without a license is tantamount to practicing medicine without a medical degree and license. Choosing the caretaker does not mean directing the medical treatment when the practice of medicine and a person’s health is at stake.

Doctors need to finally stand up and be counted.

Who chooses the Medical Care?

The employer provides medical care reasonably suited to treat the employee’s injury, and has the right to choose the medical care. If the employee is dissatisfied with the care offered, the employee should discuss the problem with the employer or insurance carrier. In certain situations the employee may wish to request alternate care. If the employer, or insurance carrier, does not allow alternate care, the employee (through appropriate proceedings) may apply to the workers' compensation commissioner for alternate medical care. (85.27)

If the employer-retained physician gives a rating of permanent impairment, which the employee feels is too low, the employee does have a right to another examination by a doctor of the employee’s choice at the employer’s expense. (85.39)

It's Wrong-way Day here in the Internet Highway of life

Steve Lombardi — Tue, 15 May 2012 04:00:38 -0600

We are back at the wrong-way ranch for drivers that mostly drink and drive on the US interstate highways. They are in Tampa, Pittsburg, Apple Valley, Fond du Lac, Medfored, the Bay Area of San Francisco, Toledo, Ventura, White Plains, San Antonio, seattle, Milwaukee, Dallas, Uniondale, Washington State and Selah. I've covered this area for about five years now. The causes are pretty predictable. Do a search on the Lombardi Law Firm site to see causes, how to avoid being in a wrong-way interstate collision and how not to be a wrong-way driver.

About wrong-way drivers

Wrong way drivers present an obvious danger to all motorists on our highways.

The most recent available crash statistics from the National Highway Traffic Safety Administration indicates wrong way drivers are involved in 1.5 percent of all fatal crashes.

Authorities: Wrong-way drunken driver crashes into Hillsborough patrol car ...
Tampabay.com
By Stephanie Wang, Times Staff Writer TAMPA — A drunken driver heading the wrong way on a darkened road without headlights struck a Hillsborough County patrol cruiser early Sunday, pinning the injured deputy inside the car, authorities said.

Wrong-way driver killed in crash Downtown
Pittsburgh Post Gazette
Port Matilda resident Audrey Warming, 21, drove her 2004 Volkswagen Jetta the wrong way down the westbound Grant Street exit ramp at about 2 am, as a 19-year-old woman from Pittsburgh drove her 2010 Hyundai Sonata up the ramp from the parkway, ...

Wrong-way driver believed to be disgraced doctor
Victorville Daily Press
APPLE VALLEY • Authorities are still trying to understand why a man was driving the wrong wayon Apple Valley Road when his pickup struck an sport utility vehicle, killing the other driver Sunday. San Bernardino County Sheriff's Apple Valley Major ...

Wrong-way driver charged in Fond du Lac
Fond du Lac Reporter
A 37-year-old Fond du Lac woman accused of driving the wrong way on Highway 41 has been charged with endangering lives. Bridget A. Gehrt made her initial court appearance Friday on one count of second-degree reckless endangerment, a crime that carries ...

Wrong way driver killed on Parkway East
Tribune Review
By Pittsburgh Tribune-Review One person died and four others were injured in a crash involving a cardriving the wrong way on a ramp from the Parkway East, state police said. The driver of thewrong-way car, a 21-year-old woman, was killed.

Wrong-Way Driver had Child in Car
SmithtownRadio.com
Medford, NY (SmithtownRadio.com) – Suffolk County Police today arrested a Farmingville woman fordriving under the influence of drugs after she drove the wrong way on the service road of the Long Island Expressway, Monday.

Wrong-Way Driver at Giants Game Sentenced
NBC Bay Area
By Caitlin Matalone An admitted wrong-way driver will be sentenced Wednesday for plowing into a young baseball fan in San Francisco's SOMA neighborhood. Andrew Vargas, 22, is expected to be sentenced to five years' probation and one year in county jail ...

Wrong-way driver arrested on Highway 41
Fox11online.com
FOND DU LAC - A 35-year-old Fond du Lac woman was arrested for operating while intoxicated after state troopers say she was driving the wrong way on Highway 41 Tuesday afternoon. The State Patrol says it spotted the wrong-way driver just before 3 pm ...

wrong-way driver arrested in fiery Highway 101 crash between Oxnard and Ventura
Ventura County Star
By John Scheibe A Ventura woman was arrested on suspicion of driving under the influence, accused of driving the wrong way on Highway 101 between Oxnard and Ventura on Tuesday night and sideswiping one vehicle before crashing her vehicle head-on into ...

Woman charged for driving wrong way
Toledo Blade
A Temperance woman who was allegedly seen driving the wrong way and then turning around on the southbound I-280 entrance ramp in Oregon was arraigned Friday on drunk-driving and reckless operation charges, authorities said. Cheree Herring's cases were ...

Sheriff's Deputy Injured In Crash With Wrong Way Driver « CBS Miami
By cbs4maclauchlan
A sheriff's deputy was hospitalized early Sunday after an alleged drunk driver slammed into his patrol car.

Wrong way driver killed on Parkway East - Pittsburgh Tribune-Review
One person died and four others were injured in a crash involving a car driving the wrong way on a ramp from the Parkway East, state police said.

Wrong-way driver arrested in fiery Highway 101 crash between ...
A Ventura woman was arrested on suspicion of driving under the influence, accused of driving thewrong way on Highway 101 between Oxnard and Ventura on ...

Wrong-way driver leads police on chase | News - Home
A driver going the wrong way leads police on a chase in southeast Houston.

Trooper, driver hurt in wrong-way crash on I-95 Northbound | WTNH ...
I-95 northbound is shut down following a motor vehicle accident.

Wrong-Way Driver Hits State Police Cars On I-95 - Courant.com
Northbound I-95 in Bridgeport was closed near exit 27 Thursday night after a crash involving awrong-way driver.

Drunken wrong-way NY driver gets 3 years in death
Wall Street Journal
AP WHITE PLAINS, NY — A New York woman who drunkenly drove the wrong way for six miles on Interstate 95 before killing a man in a crash has been sentenced to at least three years in prison. Tanisha Gomez of Queens had pleaded guilty to vehicular ...

Driver in wrong-way Fall River chase wanted in connection with 8 bank robberies
Wicked Local
About a dozen State Police and at least one FBI agent were on the scene shortly before 5:30 pm, in front of the Central Fire Station on Bedford Street, where Niemic's car had been driving the wrong way at a high speed when it crashed.

Man hit by wrong-way driver faces DWI charge
San Antonio Express
By Ana Ley Police plan to charge a second man with driving while intoxicated in a wrong-waycrash that sent a Bexar County corrections officer to jail over the weekend. Police said the 50-year-old man was heading west on Loop 1604 near Redland Road ...

Driver heads wrong way on I-5 to elude troopers
The Seattle Times
The Washington State Patrol says a driver trying to evade a traffic stop drove the wrong way on Interstate 5 in north Seattle for about three miles before exiting and ditching the car. The Associated Press No comments have been posted to this article.

Wrong-way freeway driver pleads guilty
Milwaukee Journal Sentinel
By Bruce Vielmetti of the Journal Sentinel A Greenfield woman arrested for driving the wrong wayon a freeway pleaded guilty Monday to two charges related to the offense. Paula O'Leary, 28, entered the pleas to amended charges of endangering safety ...

Wrong-way driver on Dallas North Tollway collides SUV into semi
WFAA
by MARJORIE OWENS DALLAS - Traffic was temporarily shut down to one lane on both the southbound and northbound Dallas North Tollway after a person police said was driving the wrong way drove her SUV into an 18-wheeler early Friday morning.

Man wanted for attempted murder arrested after driving wrong way on Bedford Street
Wicked Local
“Officer Robert Schoonover saw a gray Volvo driving east on Bedford Street at 12th Street. It is a one-way westbound street at that point,” said Police Lt. Roger LaFleur, a department spokesman. “He stopped the car and conducted a warrants check on the ...

DUI Wrong-Way Driver Crashes, Flips on Dallas North Tollway
FOX 4 News
COM DALLAS - Another wrong-way driver caused a crash on the Dallas North Tollway, but this time, there were no serious injuries. 22-year-old Alexandra Flecker is facing a DWI charge, according to DPS spokesman Lanny Haschel. About 3 am Friday, ...

Woman, 26, sentenced to 3-9 years for I-95 wrong-way crash that killed NJ man
The Journal News | LoHud.com
The 2005 four-door Nissan in which one New Jersey man died and another was badly injured when hit by a wrong-way driver on Interstate 95 in New Rochelle on July 24, 2011. The wrong-way driver, Tanisha Gomez, 26, of Queens, was sentenced Tuesday to ...

Peter Rodriguez Pleads Guilty To Deadly Wrong Way Crash That ...
By mzielinska
Around 6:45 a.m. on Oct. 15, 2011, police said Peter Rodriguez crashed into a livery cab on the Long Island Expressway service road killing 37-year-old George Gibbons.

Nassau County Police: Jose M. Martinez Of Uniondale Was Driving ...
By bkallet
A Uniondale man was arrested in the wee hours of Saturday morning for driving the wrong way on the Hempstead Turnpike, Nassau County's Highway Patrol Bureau said.

Wrong-way freeway driver pleads guilty to three charges - 620 ...
Paula O'Leary, 28, entered the pleas to amended charges of endangering safety with a dangerous weapon and disorderly conduct, misdemeanors, and first offense drunken driving, a traffic ticket. Her sentencing is scheduled to May 30.

Woman accused of drunken driving in wrong-way crash on Dallas ...
By Matt Peterson/Editor
No one was seriously hurt in another alcohol-related wrong-way crash on the Dallas North Tollway this morning, authorities said. Police arrested Alexandra Flecker, 22, on suspicion of drunken driving, said Trooper Lonnie Haschel of the ...

Wrong-way driver goes about 3 miles on I-5 | Seattle Times ...
The Associated Press The Washington State Patrol says a driver trying to evade a traffic stop drove the wrong way on Interstate 5 in north Seattle for about three ...

Driver killed, passenger injured in wrong-way crash near Selah ...
SELAH, Wash. -- A wrong-way head-on collision left one young woman dead and another seriously injured Sunday morning, the Washington State Patrol ...

Profiles in Courage: Justice Wiggins and Same-Sex Marriage Decision in Iowa

Steve Lombardi — Mon, 14 May 2012 07:30:57 -0600

This retention vote is about your character.

The fight over same-sex marriage is heating up again. And this time Justice Wiggins says he won’t go quietly; if that is the thought from the far right and their attack on those who did their jobs in Varnum vs Brien. I personally agree with him and the Court. First, you have to know their decision was legally sound, or so say the Founding Fathers of this country. But equally important is the answer to this question. Why should a judge or justice have to sit by mum while those with an ax to grind unfairly attack the Court? I say unfairly because their reasoning in Varnum was legally sound and those that attack them are simply bigots to the nth degree. Why haven’t those attacking the Court been able to explain why the Court’s decision in Varnum was legally incorrect? Why, because they know it is legally sound and what they seek is to awaken stale prejudice from a time when gays were pushed back into living a life that frankly is un-American. Here take a moment and listen to this young man, Zach Wahls.

Who is Zach Wahls and why is he qualified to speak about family? Actually 16,795,919 people know about Zach, do you?

The days where the Court can sit back and allow the political winds to dictate to the Courts the public discussion of right and wrong are long gone. The time for the Court, judges and justices, to speak the truth is now. There is too much money sloshing around this country and there are those who would distort the truth about justice, while just wanting to make a buck or to have their religious believes stamped onto the foreheads of every American citizen. The Founding Fathers understood how religion can be used to repress human rights in the name of some organized religion. In the age of the Internet, lawyers and judges cannot afford to remain quiet. And so I say to Justice Wiggins, hire a marketing director, a publicity agent and then a publisher. Make this fight one worth reading about. Record your days leading up to the fight and show what it is really like to be a Justice on Iowa’s highest court.

Where are George, Angelina, Oprah, Dave and Jay when you really need them?

One last point before I sign off. Here is but one question I’ve been wondering about this week after I wrote about the President Kennedy Library and Museum award; why weren’t all the justices who signed off on Varnum awarded the Profiles in Courage award? Why only those who lost their seats on the Court? After all they all signed the decision, it was unanimous. Why do they not equally deserve the recognition?

This vote of retention isn’t really about gay marriage. It’s not really about Justice Wiggins either. It’s really about how small minded Iowans wish to be viewed in the world and especially about the content our character, as Iowans. Is your character one that is built on a defect of bigotry or one of worldly knowledge? Are we still accepting of larger issues in the world or do we even belong?

You will vote on your own character as you mark the box on Election Day. My vote will be for retention.

Risking Fatigued Operators on Common Carriers

Steve Lombardi — Fri, 11 May 2012 04:00:29 -0600

Southwest Iowa's deadly train crash cause was recently explained as one involving human fatigue. That was the finding by the NTSB. See the NTSB report from the Northern Santa Fe coal train that crashed into a stopped train near Red Oak on April 17, 2011. The coal train engineer was killed. Read the "Probable Cause" finding and if that doesn't scare you nothing will.

The NTSB says Tuesday that both crewmembers had fallen asleep. They failed to comply with a signal requiring them to operate at a restricted speed and stop short of the standing train.

Railroad Accident Reports from the NTSB

See NTSB news story from AP and The Republic story of April 24, 2012

Board Meeting - Railroad Accident Report - Collision of BNSF Coal Train With the Rear End of Standing BNSF Maintenance-of-Way Equipment Train where you can also listen to the live streaming webcast.

Conclusions

The following were not factors in the accident: the condition of the track, railcars, or signal system; the weather; the visibility of signals; the use of cellular telephones by crewmembers; the vision and hearing of the crew; illegal drug or alcohol use, the actions of the train dispatcher and the crew of the maintenance of way equipment train; or the mechanical condition of the locomotives of the striking coal train.
The striking coal train conductor's and the engineer's irregular work schedules contributed to their being fatigued on the morning of the collision.
Based on their medical histories, both crewmembers on the striking coal train were at high risk for sleep disorders and fatigue.
Based on the conductor's and the engineer's irregular work schedules, their medical histories, and their lack of action before the collision, both crewmembers on the striking coal train had fallen asleep due to fatigue.
Had the two crewmembers on the striking coal train completed the BNSF's fatigue training program, they would have had the opportunity to learn that they were at risk for sleep disorders, particularly obstructive sleep apnea, and the computer-based training program would have displayed a message advising them to consult with a physician.
Had the requirements described in Safety Recommendations R-02-24, -25, and -26 been in place, this crew would likely have been identified as at high risk for sleep disorders, which may have led to appropriate medical intervention.
Because biomathematical models of fatigue are relatively new to the railroad industry, the use of this technology should be evaluated for its effectiveness within the context of railroads' fatigue management plans through independent scientific peer review.
Had the crew of the striking coal train been alert and operated their train in accordance with restricted speed requirements, the collision would have been prevented.
Locomotive alerters only detect engineer inactivity and should not be used as a substitute for an effective fatigue mitigation strategy.
Had the positive train control/Electronic Train Management System currently in development been installed on the Creston Subdivision, it most likely would not have prevented this accident because it does not identify the rear end of a standing train as a target and because it allows following movements at up to 23 mph.
The positive train control designs that are being deployed and the Federal Railroad Administration's final rule on the application of positive train control are unlikely to prevent future restricted speed rear-end collisions similar to the 58 rear-end collisions reported to the Federal Railroad Administration over the last 10 years or the collision at Red Oak because train speeds at the upper limit of restricted speed are allowed.
Because the isolated locomotive cab module detached from the deck of the locomotive and was subsequently rotated and crushed, the crew could not have survived.
Although the current locomotive crashworthiness standards include a procedure to validate alternative locomotive crashworthiness designs that are not consistent with any Federal Railroad Administration-approved locomotive crashworthiness design standard, this requirement was not effective in identifying the modular operating cab as an alternate design.
The emergency response to the accident was timely and appropriate.
Had an inward-facing video and audio recorder been installed in the cab of the locomotive of the striking train, additional valuable information about the train crew's actions before the collision would have been available.
Because the Federal Railroad Administration developed standards and regulations for certified U.S. Department of Transportation crashworthy event recorder memory modules in response to the National Transportation Safety Board's prior recommendations, and a crashworthy event recorder was installed on the accident locomotive, information about this accident was available that otherwise would have been destroyed.
Because data from voluntarily installed locomotive video cameras are typically not stored in crashworthy memory modules, important operational and safety data are at risk of being lost following an accident.

Probable Cause

The National Transportation Safety Board determines that the probable cause of the accident was the failure of the crew of the striking train to comply with the signal indication requiring them to operate in accordance with restricted speed requirements and stop short of the standing train because they had fallen asleep due to fatigue resulting from their irregular work schedules and their medical conditions. Contributing to the accident was the absence of a positive train control system that identifies the rear of a train and stops a following train if a safe braking profile is exceeded. Contributing to the severity of collision damage to the locomotive cab of the striking coal train was the absence of crashworthiness standards for modular locomotive crew cabs.

Distorted News Titles and Electrocution Cases

Steve Lombardi — Thu, 10 May 2012 04:00:32 -0600

Cook County man electrocuted after allegedly climbing down a Chicago elevated train track to urinate onto a live electrical elevated train track? Is that possible? Actually the title is somewhat misleading. If you read further down the article the man fell onto the track but any guy reading this would think he was electrocuted through the stream of urine. Indiana man urinating on train track electrocuted, AP.

Which made me ask the age-old question, can you get electrocuted by urinating on an electric cattle fence? You’d be surprised at the number of people with little time on their hands that have actually written articles on this subject. Maybe it’s our government grant program that needs some fixing.

See the Naked Science Forum, and Peeing on an Electric Fence, August 2, 2009 Audio feeds available.

The Next Naked Scientist Show: Science Radio & Science Podcasts with Dr. Chris Smith

And then we get this story from Allen, Nebraska, the cornhusker state. A South Sioux City man died after being electrocuted on a feedlot in northeastern Nebraska last Tuesday. The news report has him working on a highline pole and getting accidentally electrocuted.

You have to know the importance of words and their meaning. Electrocution is not the same as being shocked. Shocked is a bolt of electricity to a human, while electrocution is a shock so severe that death results. Know your words! Teach your children word games and you will increase their brain power.

What happens when you wee on an electrical fence? Answers

And yes, you can watch “experiments” of such acts on YouTube. And no, I’m not linking to them.

Iowa Employer's Failure to Carry Work Comp Insurance to be Prosecuted

Steve Lombardi — Wed, 09 May 2012 04:00:23 -0600

Pressure created by Reporter Lee Rood’s Des Moines Register stories about how workers suffer has caused a stir with the Iowa Attorney General’s Office who this past week agreed to pursue enforcement of the law requiring Iowa’s employers to carry workers’ compensation insurance. The stories detailed how injured workers were not covered under a workers' compensation insurance policy because employers failed to buy the insurance. The worker gets injured, files a valid claim, wins an award and then sits there because the employers just don't pay. If you think this is no big deal consider that other insurance policies may preclude paying on claims from work injuries. Pick up the Des Moines Register and read Lee Rood's reporting.

See Reader’s Watchdog: Iowa City workers’ comp case will be prosecuted, Lee Rood, April 22, 2012

Reporter Rood’s column is described as; Lee Rood’s Reader’s Watchdog column helps Iowans get answers and accountability from public officials, the justice system, businesses and nonprofits. Contact her atlrood@dmreg.com or by calling (515) 284-8549. To read past columns, go to DesMoines Register.com/readerswatchdog.

What’s a Pulitzer Prize?

Who has won and in what categories are the Pulitzer Prizes?

Is there a Pulitzer Prize for Public Service?

Pulitzer-winning journalists share their tips

http://www.youtube.com/watch?v=0Ads-cYOv9Q

Another thing I just don't get - Congress and the US Postal Service

Steve Lombardi — Tue, 08 May 2012 04:00:47 -0600

The Democratic Party is blamed for running up the deficit. The Republican Party takes credit for not spending and not running up the deficit.

Really? Then explain to me why both Parties continue to support the insanity involving the US Postal Service operate as if people will, in the age of electronic communications, go back to snail mail? Have these guys not heard of electronic mail? You know email. And have they not seen a fax machine? Do they not understand cuts and savings?

Why is this problem ours, and not theirs in the postal service?
Where is the leadership in the postal service?
Why do they refuse to change?
Why does the Congress allow it?
Why isn't there a leadership change that accepts and adapts to the inevitable?
What are we waiting for, another bailout?

You know these other methods of communication are absolutely killing snail mail. Well that and the pay and benefit package most US Postal workers enjoy as compared to the rest of this country. It’s time the nonsense stopped. They want us to get all warm and apple pie-ish when we think of the USPS. I get that, they are setting us up for one more bailout that we can't afford. I get it, but I'm not buying it. It's this kind of soft mushy thinking that is going to drive this country into bankruptcy. We need ideas and a new business model for the USPS and I'm not talking about new uniforms. It's got to be a focus in a new direction.

I’m certainly not anti-worker, that’s who I represent, but come on get the numbers together, close some post offices and trim back the delivery time table. Come up with a plan that makes the US Postal service modern.

Three Ousted Iowa Justices to Receive Kennedy Profile in Courage Award

Steve Lombardi — Mon, 07 May 2012 04:00:31 -0600

Crafted after a ship’s lantern the sterling silver Tiffany crafted award symbolizes a beacon of hope. Like the mariner’s cross this is a symbol from the seafaring minded intended as a shining example of courage shown in rough seas. Ternus, Baker and Streit are being honored for their decision to enforce Iowa’s Constitution knowing the decision, while right, would not be a popular one. The award will be presented at the JFK Library and Museum in Boston. This is an award that those who lead the charge that unfairly ousted these three justices should not hold their breath to ever be awarded. For those who used the decision in Varnum vs Brien on [April 3, 2009] to oust the Justices can best be described as cowardly, not courageous. The Profile in Courage Award has been awarded since 1990. For a list of the recipients follow this link and read the remainder of this article.

JFK awards for ousted Iowa Justices, US diplomat
Varnum vs Brien, 763 NW2d 862 (Iowa 2009)
Discussion of Varnum vs Briend and the issue of same-sex marriage on The Iowa Edict

Recipients

1990: Carl Elliott, Sr., United States Congressman from Jasper, Alabama
1991: Charles Weltner, United States Congressman from Atlanta, Georgia
1992: Lowell Weicker, Jr., U.S. Representative, U.S. Senator, and the 85th Governor of Connecticut
1993: James Florio
1994: Henry Gonzalez
1995: Michael Synar
1996: Corkin Cherubini, Ed.D., Calhoun County, Georgia School Superintendent
1997: Judge Charles Price, Montgomery, Alabama
1998: Nickolas C. Murnion, Garfield County Attorney in Montana; also, the signatories of the Good Friday Peace Agreement
1999: Russell Feingold and John McCain
2000: Hilda Solis
2001: John Lewis; Gerald Ford
2002: Kofi Annan; Dean Koldenhoven; the representatives of the NYPD, the FDNY, and the military who risked their lives on September 11, 2001
2003: Dan Ponder, Jr.; David Beasley; Roy Barnes
2004: Sima Samar; Cindy Watson; Paul Muegge
2005: Joseph Darby; Shirley Franklin; Bill Ratliff; Victor Yushchenko
2006: Alberto J. Mora; John Murtha
2007: Bill White; Doris Voitier
2008: Jennifer Brunner and Debra Bowen; William Winter (Lifetime Achievement Award)
2009: Edward M. Kennedy
2009: Brooksley Born
2009: Sheila Bair
2009: Leymah Gbowee and the Women of Liberia Mass Action for Peace. Their efforts are portrayed in a documentary film Pray the Devil Back to Hell
2010: Karen Bass, Dave Cogdill, Darrell Steinberg, and Michael Villines
2011: Elizabeth Redenbaugh , Wael Ghonim, and the People of Egypt
2012: Former Iowa chief justice Marsha Ternus and former justices David Baker and Michael Streit

The 8 Most Ignored Rules of Boating

Steve Lombardi — Fri, 04 May 2012 04:00:46 -0600

Stacy Amanda Rodriguez from S.S. Boat Insurance was nice enough to send me a blog she wrote titled, 8 Most Ignored Rules of Boating. Here is the link and the main points she makes. Having grown up on a boat I have to say she’s hit some of the main rules and how boaters increase their risk of injury by ignoring these common sense rules of safety.

Too many folks in the boat.
Balancing weight distribution.
Correct starting of the boat.
Running aground rules.
Avoiding speeding and a reasonable speed.
Boating while drunk of drugged.
Know your night lights.
Do you have safety equipment in the boat?