Pedestrian traffic accidents are on the rise in the Des Moines metropolitan area, with a number of hit and run accidents sending pedestrians to the hospital. Nationally, pedestrian deaths are on the rise, and in Iowa, the number of pedestrian traffic fatalities has steadily increased over the last several years. Not surprisingly, many traffic accidents… [Read More]
Issues covering personal injury, medical negligence, nursing home resident abuse and sexual harassment
Blog on personal injury accidents, medical negligence, nursing home resident abuse and sexual harassment at work.
100 Deadliest Days of Driving for Motorcyclists
Memorial Day weekend marked the beginning of the 100 deadliest days of driving during the summer months. The days between Memorial Day and Labor Day averages about 33 traffic related deaths in Iowa, including motorcyclists injured in collisions with cars. Because motorcyclists are particularly vulnerable in a car crash, riders are encouraged to take defensive… [Read More]
Racial Discrimination and the Hostile Work Environment
Typically when someone brings a racial discrimination case, harassment must be severe and “pervasive” enough to create a hostile work environment. However, even a single incident of severe harassment can sometimes create a hostile work environment resulting in a Title VII claim of workplace discrimination. To demonstrate the point, the U.S. 5th Circuit recently… [Read More]
Types of Compensation in a Personal Injury Case
The types of compensation known as “damages” that an injured party can pursue in a personal injury case are compensatory and punitive. Compensatory damages seek to reimburse or compensate an injured party for the harm they have suffered, whereas punitive damages are awarded to punish the wrongdoer for egregious or despicable behavior that resulted in… [Read More]
Sexual Orientation and Gender Identity Discrimination in the Workplace
Federal law prohibits sexual orientation and gender identity (SOGI) discrimination in any aspect of employment whether discrimination takes place as part of the hiring process, the assignment of job positions, promotions, terminations, or any other condition of employment. It is also unlawful to subject employees to workplace harassment that creates a hostile work environment based… [Read More]
Sex Discrimination, Pregnancy, Motherhood
The U.S. Equal Employment Opportunity Commission is suing a popular big box retailer alleging that an employee suffered “inexcusable and unlawful” discrimination at an Ottumwa, Iowa store. The sexual discrimination suit alleges, that an employee was not promoted due to sex discrimination. The employee, who was encouraged by management to apply for an available manager,… [Read More]
Reprieve From Vaccine Mandates for Many Iowa Employees
To the relief of employees strongly opposed to vaccine mandates, last month the U.S. Occupational Safety and Health Administration (OSHA) withdrew the Emergency Temporary Standard (ETS) requiring private employers with 100 or more employees to implement a vaccine or test policy. The news followed the U.S. Supreme Court’s stay on enforcement pending a decision by… [Read More]
Loss of Parental Consortium Claims
In Iowa, consortium claims involving children may involve a parent suing for injury and death of a child or a child suing for injury or death to a parent ~ aka the loss of parental consortium. A child’s claim to damages caused by the death or injury of a parent to an accident, defective product,… [Read More]
Damages for Loss of Spousal Consortium
When a spouse is killed due to the negligence of another, a surviving spouse may sue the responsible party for loss of consortium. What is Spousal Consortium? Spousal consortium refers to the fellowship between spouses and the right of each spouse to benefit from their relationship in terms of financial support, company, aid, affection and… [Read More]
Uber and Lyft Rideshare Accidents
The popularity of rideshares as a means to get from point A to B is growing in popularity across the country. Companies such as Uber and Lyft have seen an increase in customers who appreciate the convenience of being picked up or dropped off at their destinations using an app on their phones and the… [Read More]
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