It seems that Mr. Unruh promised more then he could provide;

Oh, but that’s the ‘catch’ of a quacktor-pracktor, “You’ll be fine if you just keep coming in to get ‘treatments’ ” I told my mom once “If bone-benders really worked, why do you have to keep going back to them for treatments?”

#25403 WEDNESDAY, Case 3, Unruh v. DeSmet Insurance

Dorothy and Henry Lentsch were injured in a motor vehicle accident caused by the negligence of a driver insured by DeSmet Insurance Company (“DeSmet”).  Unruh Chiropractic Clinic (“Unruh”) treated Lentsches for their accident-related injuries.   Prior to treatment, Lentsches executed assignments of the “proceeds” of their personal injury claims against the negligent driver.  The assignments were limited to the extent chiropractic services were provided. The assignments gave Unruh a right to the proceeds from any settlement DeSmet paid on behalf of the negligent driver.

Unruh served notices of the assignments on DeSmet.  The notices informed DeSmet that if Lentsches had any unpaid chiropractic services, DeSmet “must include” Unruh as a payee on any settlement checks.  Lentsches’ son, as attorney-in-fact for his parents, subsequently settled their claims and executed releases.  The releases provided that the Lentsches would be responsible for paying their medical care providers.  Thereafter, DeSmet delivered the settlement checks directly to the Lentsches, and Unruh was not made a joint payee.

Unruh contacted Lentsches and demanded that they pay their outstanding balances due for the chiropractic services provided.  Lentsches refused.  Unruh then demanded payment from DeSmet.  DeSmet also refused.

Unruh sued DeSmet, seeking to enforce the assignments.  DeSmet brought the Lentsches into the lawsuit as third-party defendants.  Unruh and DeSmet filed cross motions for summary judgment.  A magistrate court granted summary judgment in favor of Unruh and against DeSmet.  The court acknowledged that an assignment of a “claim” for personal injuries is invalid and unenforceable under the common law. The court, however, concluded that an assignment of “proceeds” is distinguishable from the common-law prohibition on the assignment of claims. Therefore, the magistrate court concluded that Lentsches’ assignments of proceeds were valid and enforceable.

DeSmet appealed to the circuit court, arguing that assignments of proceeds violate public policy.  The circuit court acknowledged a split authority in other states regarding the validity of assignments of proceeds of personal injury claims.  The circuit court followed those authorities distinguishing between assignments of proceeds and assignments of claims.  The court also found that there was no public policy reason to preclude an assignment of proceeds.  It therefore held that the assignments in this case were valid, and it affirmed the magistrate court.

DeSmet now appeals to this Court.  The Court must determine the validity of assignments of proceeds of personal injury claims.

Mr. James R. Even, Attorney for Plaintiff and Appellee A. Unruh Chiropractic Clinic

Mr. Larry M. Von Wald, Attorney for Defendant and Appellant DeSmet Insurance Company of South Dakota


A couple more adjustments, and you will be a gay-hating teabagger

Gotta hand it to the Gargoyle Leader, they won’t publish my letters about how our street department is wasteful and inept, but they will publish the letters of two different teabagging, right wing nut jobs in the same day. Liberal Rag, yeah right.

First, let’s start with Mr. Gays are Sinners and will burn in Hell;

Fifty percent of those who enter the tribulation will lose their eternal life and wake up in the lake of fire. Only 50 percent will be saved. Where would you rather be?

Read the book of Lamentations, and you will see what is in store for the unrighteous. Until then, don’t tell me I need to accept homosexuals unconditionally when clearly it is a sin.

Hate to tell you this, Mr. Crawfish, but I’m not signed up for the ‘tribulation’ and secondly, nobody says you have to accept homosexuality, it is a FREE country. Who is ‘Making You’ accept that lifestyle? Last I checked we were a Democracy, ruled by the laws of man and the majority, not by the laws of God. If that is the life you want to lead, I’m sure you can find a flat in Iran.

Now let’s move on to everyone’s favorite backcracker and mind twister, Dr(?). Allen Unruh, he writes (or at least he lets the founding fathers write it for him through manipulating quotes) another gem, that doesn’t address the real problems with our healthcare system. I’m not going to go thru the whole babbling tirade he goes on, but here is a prime example of his insanity (and people say I have mental problems);

The current version of health care reform undermines the First, Fourth, Fifth, 10th and 13th amendments to the Constitution. America will go bankrupt, freedom will be lost, health care costs will go up dramatically, health care quality will go down, health care workers will be demoralized and millions of jobs will be lost.

Okay, so you have the first part of you argument Allen, where is the second part to back up all of this mantra? You can tell Allen is a Quackerpractor, they tell you they will cure all of your aches and pains without surgery as long as you keep coming in every other week for adjustments. As long as you keep listening to Allen’s bullshit, you soon will become a believer.


Everyone’s favorite Virginity Queen can’t stay out of the news for too long (H/T – Helga):

The crisis pregnancy centers set up to help girls and women at the very time in their life when they need the most help and the centers turn out to be less then Christian. (I am being charitable)   After reading this it appears that abstinence programs lead to a lot of babies being born, so perhaps that is why she pushed that program.  Or maybe I am a cynic.  Helga
“Crisis pregnancy centers (CPCs), the nonprofit pregnancy-testing facilities set up by antiabortion groups to dissuade women from having abortions, have become fixtures of the antiabortion landscape, buttressed by an estimated $60 million in federal abstinence and marriage-promotion funds. The National Abortion Federation estimates that as many as 4,000 CPCs operate in the United States, often using deceptive tactics like posing as abortion providers and showing women graphic antiabortion films. While there is growing awareness of how CPCs hinder abortion access, the centers have a broader agenda that is less well known: they seek not only to induce women to “choose life” but to choose adoption, either by offering adoption services themselves, as in Bethany’s case, or by referring women to Christian adoption agencies. Far more than other adoption agencies, conservative Christian agencies demonstrate a pattern and history of coercing women to relinquish their children. ”

Shotgun Adoption

By Kathryn Joyce

August 26, 2009

Page 2: In 1984 Leslee Unruh, founder of Abstinence Clearinghouse, established a CPC in South Dakota called the Alpha Center. The first center had opened in 1967, but in 1984 Unruh’s CPC was still a relatively new idea. In 1987 the state attorney’s office investigated complaints that Unruh had offered young women money to carry their pregnancies to term and then relinquish their babies for adoption.

“There were so many allegations about improper adoptions being made and how teenage girls were being pressured to give up their children,” then-state attorney Tim Wilka told the Argus Leader, that the governor asked him to take the case. The Alpha Center pleaded no contest to five counts of unlicensed adoption and foster care practices; nineteen other charges were dropped, including four felonies. But where Unruh left off, many CPCs and antiabortion groups have taken up in her place.

Page 3: In recent years, the antiabortion push for adoption has been taken up as a broader evangelical cause. In 2007 Focus on the Family hosted an Evangelical Orphan Care and Adoption Summit in Colorado Springs. Ryan Dobson, the adopted son of Focus founder James Dobson, has campaigned on behalf of CHFS and Unruh’s Alpha Center. Last year 600 church and ministry leaders gathered in Florida to promote adoption through the Christian Alliance for Orphans. And a recent book in the idiosyncratic genre of prolife fiction, The River Nile, exalted a clinic that tricked abortion-seeking women into adoption instead.

After Leslee got her ass handed to her twice in the abortion ban vote and her Federal funding cut on her bogus Abstinence education program, one wonders if anyone is listening to her and Allen anymore. Just look at Allen’s latest attempt at trying to scare the shit out of people about the dangers of FREE healthcare in America. After a fairly successful Tea Party that had somewhere between 1,000-3,000 people show up, and where he vowed that the revolution has started, his healthcare forum was a total dud even though he claimed 10,000 people would show up, the Argus said it was more like 325. And it wasn’t like the event wasn’t publicized, he suckered every TV station and the Argus Leader to cover the event, he also bought print ads, called and left robo messages on people’s phones (from his quacktorpractor office) and got KCPO’s political comedy show, The Facts to cover the topic several times, in fact KCPO even replayed the event yesterday. The crowd was swarming with the usual suspects. Every time a speaker would berate Obama the crowd would cheer, and they would pan the cameras to them and all you could see was elderly people that were half-asleep (wonder if any of them take advantage of Medicare?)

Even people who once sided with the Unruhs seem to be jumping ship, and taking the tea with them. Though South Dakota may be a center to right state I do think as the population gets younger they are slowly moving to the center and telling the neo-cons like the Unruhs to take a hike. For the first time in 30 years, the Democrats have a serious chance of taking back the governor’s mansion in 2010 and even though Obama did not win the state he did win in Minnehaha county, further proof SD is starting to come out of the dark ages dominated by a Republican party that has only helped the rich get richer by unfairly taxing people on food and utilities while letting the affluent skirt income taxes.

I think SD is in a transitional period, and it doesn’t include the Bushites like Allen and Leslee.

Good Riddance!

Well I am here to serve it up. A SouthDaCola foot soldier sent me this ‘Fact Sheet’ written by the good doctor(?) Allen Unruh. After reading it, I realized that it was the script he was reading from when he was on KCPO’s Sunday Political comedy show, The Facts.

I suppose he does make a few valid points, but who knows, since he doesn’t back any of the statements up with footnotes on where he got the information. It’s kind of like saying Abstinence education works because Allen’s wife says so.

I would like to remind Allen that in a recent NY Times poll, 72% of Americans support a National insurance plan, and 57% would be willing to pay more taxes for it. If you don’t want to be a part of the plan, don’t enroll. Seems pretty simple to me. But how can we bash Obama and the congressional Democrats if we don’t lie?