Iowa Legal News | Cedar Rapids Lawsuit News
As you may know, laws are often interpreted, tested, and even changed through the daily events around us. Do you keep up with Iowa legal news? This webpage strives to keep our readers informed of the pertinent legal cases taking place today, as well as what these cases mean to the law in general.Catastrophic Injuries
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Red Light Video Camera Captured Cedar Rapids Crash on Tape
Dec 05, 2011On November 9, 2011, a Cedar Rapids two-vehicle accident occurred at the intersection of Sixth Street and Second Avenue SW. According to authorities, the crash happened around 12:25 Wednesday afternoon.
John L. Mouchka, 68, of Cedar Rapids, was traveling westbound in a pickup and broadsided a northbound vehicle driven by Linda E. Merritt, 62, of Cedar Rapids. Both cars were totaled in the wreck, and Merritt was transported by ambulance to St. Luke’s Hospital for injuries sustained in this wreck. Mouchka declined medical care, although he suffered a bruise to his hand.
Both drivers told authorities they thought they had the green light, with neither party admitting fault. Two different red light video cameras captured this Cedar Rapids crash. Police then looked at the videos to determine who was at fault.
According to the video footage, Merritt had a red light for several seconds prior to her entering the intersection. She was cited for failure to obey a traffic signal.
Police have indicated that there are seven intersections in Cedar Rapids with cameras to monitor red-light runners, and they have captured over ten accidents on camera.
The Law Offices of Brady & O’Shea would like to extend our best wishes for a full and complete recovery to both parties who were injured in this auto accident. -
Past Driving Records May Predict Future Iowa School Bus Crashes
Dec 04, 2011After a Cedar Rapids school bus driver struck an 84-year-old pedestrian and was charged with failure to yield to a pedestrian on September 21, another bus accident in Iowa occurred on October 31, killing an 11-year-old boy. These Iowa school bus accidents caused KCRG and The Gazette to investigate school bus drivers in Iowa.
A recent article published in The Gazette revealed that more than 40 percent of school bus drivers in the four largest school districts in Iowa have had at least one traffic violation since 2000. The findings on 366 drivers for Cedar Rapids, Iowa City, Linn-Mar and College Community school districts indicated that 155 school bus drivers have at least one non-parking violation.
These violations include speeding, failure to yield, failure to stop at railroad tracks, unsafe backing, and unlawful passing of a school bus. Some drivers even have been convicted of drunken driving, child endangerment, theft, disorderly conduct, assault, and selling tobacco to a minor.
Several Eastern Iowa parents that The Gazette talked with did not know the driving records of their children’s school bus drivers. Many thought the school districts would conduct this type of research on their school bus drivers.
However, the school districts say that they do run criminal background checks and check a school bus driver’s record through the Iowa Department of Transportation.
As for the 43-year-old bus driver Vicki Lard who struck the elderly pedestrian in Cedar Rapids, she had no other traffic violations prior to this incident. She blamed the crash on the morning sun. As for Michaela Siems-Dighton, the bus driver who killed the 11-year-old boy, it was learned that she had had three speeding tickets since 2000.
Research shows that past driving records can be linked to future crashes, according to the research conducted by the Center for National Truck and Bus Statistics at the University of Michigan Transportation Research Institute. -
Why Are Certain Iowa Nursing Homes Immune to Fines?
Jun 08, 2011A recent report by the Des Moines Register reveals that some nursing homes in Iowa are immune to fines. Although a typical Iowa nursing home can get slapped with a fine of up to $10,000 for each violation that caused someone's injury or death, an Iowa hospital-owned nursing home is immune to fines.
Iowa has 45 hospital-owned nursing homes that are not subject to the same fines as the other Iowa nursing homes.
How Can This Be?
Under Iowa law, hospital-owned nursing homes or long term care facilities aren't allowed to be penalized with state fines. No matter how many violations or how serious the violations, these nursing homes or long term care facilities will not receive any fines for their safety and health violations.
The former Iowa Department of Inspections and Appeals Director Dean Lerner attempted to "level the playing field" by wanting Iowa legislators to subject these hospital-owned nursing homes to the same fines and penalties as the other nursing homes in the state; however his efforts were resisted.
Although Iowa cannot fine hospital-owned nursing homes, certain Iowa officials have asked federal officials to consider fining certain homes. In fact, Iowa officials asked federal officials if they could fine 7 Iowa hospital-owned nursing homes for 10 violations between 2004 and 2008, in which fines ranged from $650 to $48,100.
If you believe your loved one is a victim of nursing home abuse in Iowa, please call the Law Offices of Brady & O'Shea today at (319) 866-9277. -
Lawrence "Junior" Brehm Killed in School Parking Lot Accident
Feb 10, 2011The man killed Tuesday morning in a Dubuque school district parking lot has been identified as Lawrence S. "Junior" Brehm, 33, of Dubuque, Iowa.
The incident remains under investigation, but preliminary reports indicate that Brehm, who was an electrician in the school district's maintenance department, was working in a parking lot outside of the district's building and ground department when he was struck and killed by a snowplow driven by Dale Michael Metcalf, 48, of Asbury, Iowa. Brehm died at the scene.
Brehm had worked for the school district since 2005. He is survived by his wife Wendy and three young children. -
Two Fatal Accidents in Williamsburg, Iowa
Feb 07, 2011Two men were killed in Williamsburg, Iowa on Thursday, in separate accidents.
Frank Meager, 33, of Cottage Grove, Minnesota, was cutting down a tree near the 2600 block of O Avenue in rural Williamsburg at about 12:45 p.m. when the tree fell and crushed him. Meager was working as a subcontractor, clearing the way for a pipeline company.
Approximately one hour later, a group of hunters was trying to free a pickup truck stuck in the snow in a filed east of the intersection of 225th Street and NN Avenue in rural Williamsburg, Iowa. The tow strap, attached to a second pickup, failed and a portion of the strap struck and killed Gerome Miller. Miller was 63 and from Marengo, Iowa. -
Worker Dies in Iowa City Construction Accident
Jan 24, 2011A construction worker was killed Monday in a construction accident near the Art Building West at the University of Iowa in Iowa City. The worker was pinned beneath a beam along the shore of a pond. Members of the Iowa City Fire Department were on the scene for several hours this morning trying to free the worker, who was subsequently pronounced dead at the scene. The worker's name has not been released pending notification of family members.
The art building was flooded in 2008 and has been closed for repair. The worker was employed by a private contractor performing work at the site.
Unfortunately, this is not the first time in recent months that a worker has been killed on the University of Iowa campus. In September, an employee of a Clive-based glass company died after falling approximately 40 feet off a ladder while working on the Boyd Law Building. -
Wiconsin Truck Driver Killed After Being Pinned Between Vehicles in Buchanan County, Iowa
Jan 18, 2011A Wisconsin truck driver has died in Buchanan County, Iowa after being pinned between two vehicles. Steven Rasey, 54, of Whitewater, Wisconsin dropped a load of tile at a farm on Benson Shady Grove Avenue near Jesup, Iowa. He then apparently tried to clear him semi of snow using a skidloader and became trapped between the two vehicles. The owner of the property discovered Rasey, who was unconsious, around 9:00 a.m. Monday. Rasey was transported to the Buchanan County Health Center. He died from his injuries.
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$491,747 Polk County, Iowa Verdict Against Grinnell Nursing Home
Nov 29, 2010A jury in Polk County, Iowa has awarded $491,747 to the family of a nursing home resident who died while in the facility's care.
The verdict follows the June 2009 death of 89-year-old Wilbur Jackson, who was residing at Friendship Manor Care Center in Grinnell while rehabilitating from hip surgery. Nursing home staff was transporting Jackson on a gurney on a walkway outside the center when one of the gurney's wheels hit a crack and the gurney flipped over. Jackson's head struck the pavement and he lapsed into a coma and subsequently died.
Jackson's family brought suit against Grinnell's Friendship Manor, a South Dakota company that owns and operates Friendship Manor, and Midwest Ambulance. The jury in Polk County, Iowa found in the family's favor and assessed the damages at $546,386. Ninety percent of the fault was assigned to Friendship Manor, resulting in a $491,747 judgment against the facility. Midwest Ambulance was judged to be 10 percent at fault and was ordered to pay $54,639. -
Motorcycle Benefit Ride Leaves One Cedar Rapids Rider Dead
Oct 08, 2010On Sunday, September 12, 2010 a benefit motorcycle ride took place in Iowa honoring Don Griffith Jr. This was the fifth year the benefit ride occurred to honor Griffith who was killed in Iraq in 2005. Unfortunately, at this memorial ride, a fatal motorcycle accident in Troy Mills took place.
Gerald Platner, a 59-year-old motorcycle rider of Mechanicsville, was traveling with Christene O. Midyett, 51, of Cedar Rapids. According to police, Platner was east of Troy Mills Road traveling east on Central Road when he lost control of his motorcycle. The motorcycle crash occurred at approximately 6 p.m. Unfortunately, both Platner and Midyett were not wearing helmets.
Platner was transported to St. Luke's Hospital for medical care. He did not have life-threatening injuries; however, Midyett did sustain serious injuries. She was taken to the University of Iowa Hospitals and Clinics in Iowa City on Saturday evening. Sadly, she died around 2 p.m. on Sunday from the injuries she suffered in the Iowa motorcycle accident.
We are saddened to hear of this fatal motorcycle crash, and send our condolences to the family and friends of Christene Midyett.
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Iowa farmer suffocated in grain bin
Oct 05, 2010A 69 year old southwest Iowa farmer died in a grain bin accident on September 28, 2010. He reportedly was assisting neighbors in loading grain and may have entered the bin when the auger became clogged. One person was injured attempting to locate him.
Tragic and preventable grain bin accidents take the lives of Iowa grain workers every year. Moving grain behaves much like quicksand, typically trapping persons standing in the grain in less than six seconds. Even standing on stationary grain can present deadly hazards, since grain adhering to the interior walls of bins can collapse and suffocate, and the surface of the grain can conceal cavities that may collapse and engulf workers. With record harvests and wet weather, the hazard of suffocation significantly increases.
Dr. William Field, a professor of agricultural engineering at Purdue University who has provided expert testimony in an Iowa grain suffocation case brought by Brady & O'Shea, has extensively studied the causes and prevention of grain suffocations. According to Dr. Field, critical safety rules include locking out power to all types of grain handling equipment, using safety harnesses, never standiing on moving grain and never entering a grain bin without a second person who is properly equipped to provide assistance in the event of an emergency.
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