November 2010 :: Maryland Accident Law Blog

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Posted On: November 30, 2010

72-Year-Old Hagerstown Woman Dies from Maryland Car Accident on Interstate 70

Olga Liselotte Melton, a 72-year-old Hagerstown woman, was killed in a Maryland traffic crash on Saturday night on Interstate 70. Melton was riding in the front seat of a car driven by Helmut John Frick when their vehicle struck an unattended auto at around 11:19 pm.

Also on Saturday, 25-year-old Jayant Prasad Singh was killed when the Honda Accord he was a passenger in struck a tree at around 2am. The car driver, 25-year-old Rahul Sharma, was flown to Baltimore for treatment of his non-life-threatening injuries at R. Adams Cowley Shock Trauma Center.

In other Maryland accident news, a Waldorf man died from injuries he sustained on Friday when his Toyota Camry hit the bed of a tow truck that was crossing US 301. The truck’s flatbed had been partially blocking a lane as the truck driver was turning right when the collision happened. The driver of the Toyota, 73-year-old Stanley Harten Wallace, was ejected from his car. He was later pronounced dead.

Maryland Car Accidents
It is always important for motorists to drive safely to decrease the chances they will become involved in a traffic crash. Unfortunately, collisions continue to happen and people suffer injuries and die. If you or someone you love has been injured in a Maryland auto accident, do not hesitate to contact our Baltimore injury attorneys to explore your legal options.

With winter fast approaching, road conditions will change. AAA Exchange offers a number of winter driving tips, including:
• Don’t drive while tired.
• Make sure your tires are properly inflated.
• Don’t warm up your car in a garage or another enclosed area.
• Avoid using cruise control when the roads are slippery.
• Pay attention to the road.
• Wear a seat belt.

Waldorf man dies when car strikes tow truck, SoMDNews, November 29, 2010

Olga Melton, 72, dies in accident on I-70, The Record Herald, November 29, 2010

1 dead, 1 injured after car strikes tree in Md., Wtop, November 27, 2010

Related Web Resources:
Car Accidents: Proving Fault, Nolo

Maryland Department of Transportation

Maryland Car Accident Attorney Blog

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Posted In: Car Accidents

Posted On: November 24, 2010

Salmonella Outbreak at Frederick County, Maryland Nursing Home Strikes 8 People

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The Frederick County Health Department says that eight people recently fell ill with Salmonella at the Homewood at Crumland Farms nursing home. One person who had to be hospitalized after developing Salmonella died afterward. The assisted living facility’s nursing home director says that the death was caused by other health issues.

Salmonella
This microscopic bacteria can be spread through food and feces and from person to person. Eating poultry or meat that wasn’t cooked at the right temperature can cause Salmonella. Although generally a non-life threatening condition, it can exacerbate existing health issues and can be very dangerous for infants, young kids, pregnant women, unborn babies, people with weakened immune systems, and older adults. Signs of Salmonella include fever, diarrhea, and stomach cramps.

It is important that Maryland nursing home make sure that their kitchens are clean and satisfy all safety and health regulation and that food, drink, and produce are properly handled, stored, prepared, and cooked. In the event that a nursing home resident gets sick, develops health issues, and/or dies from Salmonella or from other food-related bacteria and the contamination could have been avoided were it not for negligence, carelessness, or recklessness, the patient may have grounds for a Frederick County nursing home negligence case.

About 400 people die a year from acute salmonellosis.

Salmonella outbreak sickens eight at Frederick nursing home, Frederick News Post, November 24, 2010

Frederick nursing home hit with 8 salmonella cases, Washington Examiner/AP, November 24, 2010

Salmonellosis, CDC

Related Web Resources:
Salmonella Questions and Answers, USDA

Maryland Nursing Home Lawyer Blog

Continue reading " Salmonella Outbreak at Frederick County, Maryland Nursing Home Strikes 8 People " »

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Posted In: Nursing Home Abuse and Negligence

Posted On: November 16, 2010

$1.5 Million Maryland Personal Injury Lawsuit Filed Against Howard County Following Alleged Physical Assault by High School Assistant Football Coach

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Dan Mason is suing Howard County’s Board of Education for Maryland personal injury. Mason, whose son Nicholas "Neko" Rynn-Mason used to play football at Oakland Mills High School in Columbia, Maryland, claims that assistant football coach Brian Henderson physically assaulted him during a football game at the school. Mason is seeking $1.5 million.

In his Howard County personal injury complaint, Mason is alleging 10 counts, including negligence, defamation, and assault and battery. He claims that in October 2009, he and other game attendees were seated behind the Oakland Mills bench and making comments about the team’s play when, at one point, Henderson engaged him in a verbal altercation before charging at him. Two school officials reportedly had to restrain the assistant football coach. Mason says that when he later tried to give Henderson a box of Girl Scout cookies after the game the assistant coach ran at him again. This time, he allegedly made minor contact before he was again restrained.

The school later issued a denial-of-access notice against Mason barring him from the high school for a few weeks. Mason also contends that in November of 2009, after a classmate commented that his son was drunk, Neko was suspended for five days.

Maryland Personal Injury
If you or someone you love was injured on another party’s property, you may have grounds for a Maryland premises liability case. Reasons why one might file a Maryland injury complaint against a property owner or manager:

• Slip and fall
• Trip and fall
• Inadequate security
• Physical assault
• Sexual assault
• Hazardous conditions
• Inadequate maintenance
• Injury inflicted by an employee of the premise owner

Columbia resident sues Howard Board of Education for $1.5 million, The Baltimore Sun, November 16, 2010

Related Web Resources:
Howard County Board of Education

Proving Fault in Accidents on Dangerous or Defective Property , Nolo

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Posted In: Personal Injury

Posted On: November 15, 2010

Update: Question 2 on the Maryland Ballot Passes

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In an earlier post, our Maryland car accident lawyers explained why we believed Marylanders should vote to pass Question 2 which increased Maryland District Court’s jurisdiction to $15,000.00. On November 2, 2010, 1,542,546 Marylanders cast a vote on the issue presented in Question 2. Of that number, 1,010,640, or 66% voted in favor of the increase. With the ballot initiative passed, we wondered when Maryland law would change to reflect the favorable vote on the ballot question.

It became clear to us the answer to “when does it take effect” was not clear. We called the office of Senator Mike Miller, President of the Maryland Senate. We spoke to an assistant of Senator Miller who patiently explained what she knew. We were informed that a number of steps need to take place before the change in law will become effective.

Based upon the telephone call, our understanding is that both the Maryland House and the Senate still need to develop and pass the final language of the law before it takes effect.

The Maryland General Assembly meets each year for 90 days beginning in January and ending in April. Therefore, Maryland legislators will not begin work on the language of the new law until January, 2011, at the earliest. At this point, the Maryland injury attorneys at Lebowitz and Mzhen, LLC believe that the increased jurisdiction limits will not go into effect until October, 2011.

It remains to be seen, however, whether the new law will apply to cases filed after the legislation’s effective date, or only to Maryland auto accidents that occurr after the legislation has passed. This is an important distinction because if the General Assembly makes the increase applicable to cases filed after the legislation is passed, it will increase the number of Maryland residents who will be able to take advantage of the new law.

Stay tuned. The Maryland injury attorneys at Lebowitz & Mzhen, LLC will keep you informed.

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Posted In: Personal Injury

Posted On: November 11, 2010

Carroll County, Maryland Injury Lawsuit Seeks Damages for E.Coli Infection from Unpasteurized Apple Cider

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In Carroll County Circuit court, Baltimore resident Nicholas Fickel is suing Baugher’s Orchard and Farm for Maryland personal injury. Fickel says he became ill after consuming Baugher’s unpasteurized apple cider last month.

Fickel says that his E. coli infection caused him to experience uncomfortable symptoms, including bloody diarrhea and painful stomach cramping. As his condition grew worse, he had to seek medical help. A lab test confirmed that Fickel was suffering from E. coli O157:H7.

Fickel isn’t the only one to complain of food poisoning after consuming Baugher’s apple cider. Health officials in Maryland say there are at least seven E. coli cases linked to the cider. Three people had to be hospitalized for their food poisoning. One person may now possibly have Hemolytic-Urenia Syndrome, which a type of kidney failure linked to E. coli poisoning.

In the wake of the complaints, Baugher’s has recalled its unpasteurized apple cider. Maryland and federal health officials are recommending that consumers stop drinking the cider and throw it away.

Products Liability
Food manufacturers can be held liable for Maryland products liability if the food item that they’ve made causes injury or illness to a consumer. E. coli food poisoning can occur as a result of the negligent preparation or manufacturing of food products.

While most people will recover from E. coli within a week, others, such as young children, people with weakened immune systems, and the elderly, are at higher risk of getting seriously ill. Kidney damage and death can result. You may have grounds for a Maryland E. coli lawsuit.

Man Infected with E. coli After Drinking Apple Cider Files Suit, ABC2, November 10, 2010

Westminster apple cider recalled over potential E. coli, The Baltimore Sun, November 4, 2010

Related Web Resources:
E Coli Infection, FamilyDoctor.org

Baugher’s Orchard and Farm

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Posted In: Personal Injury

Posted On: November 8, 2010

Man Assaulted at Westport Light Rail Station in Baltimore, Maryland Dies From Injuries

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The 44-year-old man who was physically assaulted at the Westport light rail station last month has died from his Baltimore injuries. Winslow Thomas, who managed to walk to a home after the attack on October 22, received treatment at Maryland Shock Trauma for blunt-force injuries and cuts. He died on November 3.

Unfortunately, crimes at light rail, train, and subway stations do occur. This is why their premise owners and supervisors must exercise the proper safety precautions to prevent such incidents from happening. Security personnel, surveillance cameras, alarm systems, and proper lighting are examples of possible safety precautions that can be implemented to discourage/prevent robberies, sexual assault, physical assault, and murder from happening.

It was just in August that our Washington DC personal injury law firm reported on a brawl involving 70 people that started in a rail car before continuing on a L’Enfant Plaza Station platform. Not long after that two adults were assaulted on a Green line train.

Even if the property owner did not directly cause a crime to occur on a premise, liability can still be found if the owner should have and could have acted to prevent the incident from happening.

Baltimore Premises Liability
Crimes on a premise are not the only potential danger that can occur on a premise. Premises liability cases have been brought against a property owner by those who have been injured in Maryland slip and fall accidents or because of falling merchandise, inadequate maintenance, defective conditions, or other hazards that caused personal injury or wrongful death.

Man, 44, who was beaten at light rail stop dies, Baltimore Sun, November 5, 2010

DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 27, 2010

Related Web Resources:
Premises Liability, Justia

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

Continue reading " Man Assaulted at Westport Light Rail Station in Baltimore, Maryland Dies From Injuries " »

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Posted In: Premises Liability

Posted On: November 4, 2010

Maryland Car Crash on Route 113 Kills Four People and Injures Five Others

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A catastrophic Maryland multi-vehicle vehicle accident on Route 113 on Monday afternoon has claimed the lives of four people from the same family. They are Carmelo Dominguez, 53, his wife Evelyn Morales, 48, daughter Natasha Dominguez, 23, and grandson Jose Dominguez, 2.

All four car crash victims were traveling in a Nissan Cube, which witnesses say was moving at a fast speed and passing other vehicles while in no-passing zones. Police say that right before 5 p.m, Dominguez, who was driving the Cub, tried to pass a tractor-trailer. During this attempt, the Cube hit a Honda CRV, which caused the Nissan to “catapult upward” and strike the side of the semi-truck. The cube then landed on top of a 2004 Volkswagen Jetta.

Police say that according to preliminary findings the Newark, Maryland traffic accident was caused by improper passing, driving at a fast speed, and aggressive driving. They also believe that no one in the Cube—there were seven people in the vehicle—had been using child safety seats and seat belts.

Injured in the Maryland auto collision were the other three people who were in the Cube—Dominguez’s daughter Christina Dominguez, 25, and grandchildren Christina Gonzalez, 9, and Yasmine Dominguez-Astacio, 4—and the drivers of the other vehicles—Mary M. Jones, 41, and Daniel H. Nelson, 23, who has been in critical but stable condition.

Seat Belt Use
It goes without saying that using a seat belt or child safety seat can save lives and prevent catastrophic car crash injuries. Fortunately, more people are now using seat belts. According to the National Highway Traffic Safety Administration, this year, seat belt use has gone up 1% from (2009) and is now at 85%.

NY family unbelted in fatal Route 113 crash, DelmarvaNOW, November 3, 2010

Md. State Police: 4 dead in multi-vehicle crash
, Associated Press, November 1, 2010

Seat Belt Use in 2010, NHTSA, September 2010 (PDF)

Related Web Resources:
Maryland Department of Transportation

Continue reading " Maryland Car Crash on Route 113 Kills Four People and Injures Five Others " »

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Posted In: Car Accidents

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