IOWA CITY, Iowa (AP) — Two Iowa women who lost limbs when they were struck while trying to climb through trains that were blocking the road sued the railroad Thursday for allegedly ignoring a safety hazard that’s left a trail of horrific injuries. The lawsuits filed in state court allege that trains operated by the Canadian National Railway and its subsidiaries routinely block street crossings in Waterloo, sometimes for hours. They say this leaves pedestrians trapped and facing bad options on a daily basis: wait for the trains to move, walk to an unblocked crossing that can be more than a mile away, or risk crossing between stopped cars that can start moving without warning.

“This problem exists in cities throughout the United States, but Waterloo is the poster child,” said attorney Bob Pottroff, whose Kansas-based law firm is representing the women and known for advocating on behalf of train accident victims nationwide. “We consider this a matter of great public safety concern.” He said the lawsuits allege that Canadian National essentially uses part of Waterloo as its switching station, a facility that is usually located outside of population centers and includes fencing and other security measures. The lawsuits claim that since 1991, at least five people have lost hands, arms or legs while trying to climb through a stopped freight train that started moving unexpectedly.

One was filed on behalf of a 37-year-old woman who lost her left leg and nearly all of the skin on the back side of her body when she was struck and dragged by a train in April 2017. The other was filed on behalf of a 67-year-old woman who lost both of her legs when a train rolled over them last September. A third lawsuit is pending in Chicago in the case of a former Waterloo resident who lost three limbs in a similar collision in 2011. Each happened on streets near the rail yard in the poor, heavily African-American east side of Waterloo, a city of 68,000 in northeastern Iowa. Residents say the company’s mile-long trains stretch far beyond the yard and can block several crossings, sometimes for hours multiple times per day, while they undergo maintenance and safety checks and load and unload cars. Those routinely affected include students at East High School.

Iowa law and a Waterloo ordinance state that trains cannot block crossings for longer than 10 minutes with some exceptions, for instance if the stop is needed to comply with safety regulations. The company’s operating rules also state that they shouldn’t block crossings for longer than that unless it can’t be avoided. Canadian National spokesman Patrick Waldron shifted the focus to the actions of the injured women, saying that trespassing on railways tracks and property “is illegal and very dangerous.” “These events are tragic examples of the dangers of climbing on trains or railway cars,” he said. “There are no circumstances where climbing on a train — moving or stopped — is worth the risk of serious or fatal injury.”

The railroad has previously said it’s aware of concerns about blockages in Waterloo but that “operational necessities” cause them. They have long been a source of frustration for residents.
In their lawsuits, the women say they waited an unspecified “reasonable amount of time” before they tried to climb through long-stopped trains, which didn’t sound any audible warnings before starting to move. They argue that the railroad has taken no other steps to protect the public at the site, such as building a footbridge over the rails or separating the trains at crossings when they are stopped. They’re seeking unspecified damages for their pain and suffering as well as punitive damages against the railroad, saying it acted with an “intentional disregard for public safety.”

Firefighters from ten states are in Sioux City taking special Fire Rescue training for two days. Sioux City Fire Rescue Training Officer Gerry Bennett says the hands on event uses the most current heavy lifting, shifting, stabilizing and building shoring techniques used by firefighters and rescuers across the country. He says the techniques are commonly used for car accidents, trench rescue and anytime something needs to be lifted or stabilized. The 38 firefighters are Urban Search and Rescue specialists and are taking what’s called Paratech University Training from members of the company that produces the heavy duty gear needed for scenarios like extrications and elevator shaft rescues.

Bennett says the company provides all the props and instructors. He says the equipment continues to get better and they need to know how best to use it before heading to the scene of a rescue.”They’re making things stronger, more easily deployable, so it’s easy to set up and quicker to get somebody rescue from maybe and overturned vehicle. And we train consistently on everything we do,” Bennett says. The training is taking place through today (Thursday).

(Radio Iowa)

Officials involved in the search for Jake Wilson, the autistic 16-year-old from La Porte City who’s been missing now since April 7th, got some help from the Iowa National Guard on Wednesday. La Porte City Police Chief Chris Brecher says the guard provided the services of a military helicopter during a training mission. According to Brecher, the Chinook hovered over Wolf Creek to create down pressure in hopes the disturbance would free up an object trapped under the water.

During the operation, two teams in kayaks made their way down the creek to check on any immediate results. Authorities didn’t give any advance notice of the Iowa National Guard exercise, due to safety concerns. Details of the operation were made public in a press release Wednesday evening. Officials also had a large excavator in the water Wednesday, removing large debris from Wolf Creek as part of the search.

(Radio Iowa)

Authorities in Pottawattamie County report an inmate at the Pott. County Jail, 42-year old Timothy Michael Horvath, of Council Bluffs, was served Wednesday, with an extraditable warrant out of Douglas County, NE., for being a Fugitive From Justice.  And, 38-year old Eric John Rehfeldt, of Hancock, turned himself-in to the Sheriff’s Office, Wednesday afternoon, on a warrant for Probation Violation. Rehfeldt was read the warrant and turned over to Corrections staff.

DUBUQUE, Iowa (AP) — A Dubuque health center has agreed to pay nearly $48,000 to settle allegations that employees without proper credentials filled or refilled prescriptions. Federal prosecutors said in a news release Wednesday that Crescent Community Health Center will pay $40,000 in penalties regarding eight refills of controlled substances. Also, Crescent will pay more than $7,500 in penalties regarding 71 initial prescriptions or refills for non-controlled medications that were paid for by Medicare or Medicaid.

The accusations cover a five-month period in 2013. Crescent officials say they disagreed with the government allegations and say the alleged infractions occurred when Crescent’s medical director was on medical leave. The officials say they’ve settled the case rather than incur costly legal expenses.

The Union County Sheriff’s Office says a Creston man was arrested Wednesday night at the Union County Law Enforcement Center. 40-year old Jayson Lee Joyce was arrested on an Adams County warrant for Failure to Appear in court. Joyce was later released from the jail on a $500 bond.

The Atlantic City Council, Wednesday evening, heard from Atlantic Police Chief Dave Erickson and Officer Christian Holzapfel, with regard to a request for Load-Bearing Vests (LBV’s), which would replace the current standard duty belts officers wear, that, when equipped with the many required items they are required to carry, are causing lower back pain among many officers. Chief Erickson said the issues with lower back pain can be expected by older officers, but now they’re seeing it in the younger officers, as well. That’s where the LBV’s come in.

Atlantic Police Officer Christian Holzapfel demonstrates a model of vest the department is requesting.

Officer Holzapfel said the standard duty belt weighs about 25-to 30-pounds with the added equipment. He cited studies that show carrying the weight of the equipment on the waist and hips can over a period of years can cause posture and lower back issues. The LBV’s, he said, would transfer the load to ease the back crunching pain. The company that produces the vests Erickson and Holzapfel are interested in obtaining for the police force, is supplying similar-style vests to the Pottawattamie County Sheriff’s Department, which has recently made the largest order for those vests in the State of Iowa. As Holzapfel passed his duty belt and the LBV to Council members, he spoke of how the LBV serves to increase an officer’s mobility and spreads the gear over a larger surface area, and can assist in the rescue of an injured officer.

He said a “drag strap” on the vests allows an officer to be dragged out of a dangerous situation if they are injured or otherwise unable to walk or run. The vests do have their drawbacks, though, including not being able to wear a coat over the vest in the Winter, but they’re looking at different options to overcome that. The other issue, according to Holzapfel, is a perception by the public of police coming off as being a militarized force. But he cited a Shelby County Deputy, who told him the citizens he’s spoken with has heard nothing but good things about how nice they look. The key, he said, is to make sure the public understands why police want the vests to alleviate back pain and related health issues.

The Council passed a Resolution designating Load-bearing vests as a Wellness Benefit for Atlantic Police Department Officers, and authorized the purchase of 12 vests for a total package estimate of $5,130. The vests have a five-year warranty, would match the current color of A-PD uniforms, and would be paid for through the Employee Benefits Fund.

In other business, Atlantic Mayor Dave Jones announced the 4^th of July Fireworks would be out at the Atlantic Airport again this year, and not at the Schildberg Recreation Area, as hoped, due to issues with visibility and safety. And, the Council approved the re-appointments of various individuals to City Commissions, including:

• Christina Bateman to the Community Promotion Commission
• Jim Behrens and Roger Herring to the Planning & Zoning Commission
• Dave Knudsen to the Board of Adjustment
• and Mike Henningsen to the Airport Commission.

The Atlantic City Council, Wednesday evening, heard from Chamber and CADCO officials, with regard to a proposed $100,000 pledge from the City’s Economic Development Revolving Loan (EDR) Fund that is intended to act as a source of loans for new business start-ups, in Atlantic. Chamber Executive Director Bailey Smith talked about the terms of the loans. (Click on the left side of a sound bar below to listen)

The loans are intended for anyone seeking to establish a business in Atlantic, but is tailored more toward younger entrepreneurs in their 20’s and early 30’s. Those persons must have a business plan and provide other, required financial information. CADCO has it’s own Revolving Loan Fund for the anywhere in the County, but CADCO Executive Assistant Jennifer Rosener-McEntaffer said that fund is depleted.

The Council approved a pledge of funds for the EDR. Toward the end of the Council’s session, during the Public Forum, discussion about the EDR became heated, when Talya Kamies and Thomas Schroeder suggested the Council strongly consider making funds available as part of an incentives program via means of a grant, instead of a loan. Kamies and Schroeder are the owners of “Style 60,” a women’s boutique. They recently purchased the former Howard’s Clothing Store at 415 Chestnut in downtown Atlantic.

Kamies ran the business out of her home for about six months before moving her current location on West 7^th Street. She said Mayor Dave Jones approached her about obtaining a SWIPCO (Southwest Iowa Planning Council) loan, instead of using the EDR fund she’d been told about. That didn’t sit well with her, because she says it appear the fund – which currently has about $220,000 – has not been used.

That’s why she, and Thomas Schroeder, were adamant that the City strongly consider making grants available to small business owners, instead of a loan. Schroeder said their business would use grant money to make exterior improvements to their building downtown, and utilize other local businesses to make that happen.

The meeting became contentious, when Kamies and Schroeder accused Mayor Jones of not being willing to listen to their suggestions and instead pushed them toward other incentives instead of the EDR. Atlantic Police Chief Dave Erickson threatened to have Kamies and Schroeder removed after an argument erupted between them, the Mayor and Councilperson Kathy Somers.

Atlantic Mayor Dave Jones told the crowd the first step is to get the loan money out there through the EDR. He mentioned a group currently working on another plan, and more information could be released on that program as early as next week.

More area and State news from KJAN News Director Ric Hanson.

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The area’s latest and/or top news stories at 7:06-a.m., w/KJAN News Director Ric Hanson

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