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Posted On: March 29, 2011

$10M Montgomery County Wrongful Death Lawsuit Accuses Police of Excessive Use of Force

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The family of Emmanuel O. Okutuga wants the Montgomery County Police Department to pay them $10 million for his Maryland wrongful death. The 26-year-old Bowie State University student was fatally shot by police in Silver Spring outside the City Place Mall on February 19.

Officer Christopher Jordan had gone to the mall after reports that Okutuga had assaulted a security guard. Police say that Jordan shot Okutuga twice after the latter refused to drop the ice pick he was wielding.

Okutuga’s family contends that the shooting was unjustified. In their Montgomery County police brutality complaint, they say that witnesses testified that he did not advance on the officer or threaten him or any civilians who were there.

The plaintiffs claim that the police department did not properly train Jordan on how to use deadly force and that he shouldn’t have been allowed to handle this type of call. The family’s lawyer says that Jordan’s original statement doesn’t contain any information indicating that the situation warranted the “level of force" that he employed.

All recruits for the police department have to go through 160 hours of training on how to use force when they are trained at the Montgomery County Police Academy. The police department ranks use of force into four tiers:

• Implied force with an officer’s presence
• Verbal commands
• Physical action
• Use of deadly force

Police should never use excessive and/or unnecessary force when apprehending a suspect. Unfortunately, incidents such as the one described above are not as rare an occurrence as we’d like to think. In some instances, a police officer was just trying to do his/her job. At other times, a cop is abusing his/her authority. Either way, excessive use of force can cause serious injuries and death. They also can be grounds for a Maryland civil case.

Per the Montgomery County Police Department’s police, Jordan was put on paid administrative leave while an investigation into Okutuga’s shooting is conducted.

Family of slain man files $10 million lawsuit against Montgomery County Police, Gazette.net, March 26, 2011

Family Sues Montgomery County Police For Shooting, WUSA9, March 24, 2011


Related Web Resource:
Montgomery County Police Department


More Blog Posts:
Columbia Man Files Third Lawsuit Against Police Alleging Howard County Police Brutality, Maryland Accident Law Blog, February 19, 2011

Prince George’s County and Frederick County Settle Maryland Injury Lawsuits, Maryland Accident Law Blog, April 5, 2010

$10 Million Maryland Wrongful Death Lawsuit Blames Baltimore County Police for Taser Fatality, Maryland Accident Law Blog, March 12, 2010

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Posted In: Police Brutality , Wrongful Death

Posted On: March 26, 2011

7-Year-Old Girl Injured in Dundalk, Maryland Dog Attack Sustained Severe Facial Injuries

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According to the mother of Amanda Mitchell, the 7-year-old girl will likely have to undergo several surgeries for the severe facial injuries she sustained when she was attacked by two American Bull Dogs earlier this month. The two dogs have been put down.

Baltimore County Police say that Mitchell was riding her bicycle when the two dogs got out of a neighbor’s yard and attacked her. On ABC2news.com, her mom Shelda Lambert is quoted as saying that her daughter’s “whole face ripped away.” Lambert also got hurt during the Maryland dog attack as she tried to fight the dogs off her daughter.

While no criminal charges are being filed against Tina Baker, the dog’s owner, she has been fined $3,600 over numerous citations.

Facial Injuries and Dog Bites
According to the California Surgical Institute, dog bites are the cause of about 44,000 facial injuries annually. 60% of the victims are usually small kids. Because of their small size and height, kids’ faces are easy for dogs to reach. Examples of dog bite injuries to the face:

• Fractures
• Eye damage
• Puncture wounds
• Nerve damage
• Jaw injuries
• Scarring
• Disfigurement

Each state has its own law when it comes to holding a dog owner liable for injuries inflicted by an animal. Dog owners can be held liable for a Maryland dog attack by a dog considered dangerous. A dog doesn’t need to have injured anyone before to fall under the dangerous dog category. Aggressive behavior alone can be a sign that the animal may pose a danger to others.

Dogs Attack Baltimore County Girl, WBALTV, March 13, 2011

Dog owners defend pit bulls after an attack on a 7-year-old girl, ABC, March 14, 2011


Related Web Resources:
Dog Bite Prevention, Centers for Disease Control and Prevention

Dog Bites, Nolo


More Blog Posts:
Maryland Dog Bites off Part of Anne Arundel County Police Officer’s Ear, Maryland Accident Lawyer, November 3, 2008

Pit Bull Attacks 18-Month-Old Maryland Boy at Day Care Home in Aberdeen, Maryland Accident Lawyer, August 20, 2008

East Baltimore Woman Is Victim of Pit Bull Attack, Maryland Accident Lawyer, June 26, 2007

Continue reading " 7-Year-Old Girl Injured in Dundalk, Maryland Dog Attack Sustained Severe Facial Injuries " »

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Posted In: Dog Bite/Attack , Injuries to Minors

Posted On: March 21, 2011

$5M Maryland Tractor-Trailer Accident Lawsuit Seeks Damages for Man's Wrongful Death

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The family of King W. Mungai has filed a $5 million Maryland wrongful death lawsuit against trucker Gordon Scott Barnes and his employer Cargo Transporters. Mungai, a College of Southern Maryland student, was killed in January 2009 when the Toyota Corolla he was driving was struck by the truck driven by Barnes.

While police initially said that Mungai failed to yield to the truck driver, the Maryland tractor-trailer accident lawsuit claims that it was Barnes who was negligent. The family’s wrongful death lawyer says that they now have information that wasn’t in that report.

In their Maryland wrongful death complaint, the plaintiffs claim that just before the semi-truck crash, Barnes ran a red light and that this was when the Freightliner hit the Toyota from the side, pushing it off the road. They want compensation for funeral costs, lost wages, and emotional suffering.

What not to do if you were injured in a Maryland truck crash:
• Don’t talk to the other party’s lawyers by yourself
• Don’t agree to settle the case before you’ve explored all of your legal options
• Don’t sign any documents agreeing to a specific settlement. Doing so could cause you to sign away your right to receive the maximum recovery possible

Maryland tractor-trailer crashes causes injuries and deaths every year. Trucking companies know what steps to take to minimize liability, which is why it is good to have an experienced Baltimore injury law firm working for you.

Fatal accident spurs lawsuit against trucking company, SoMDNews, March 16, 2011


Related Web Resources:
Trucking Accidents: Common Causes & Liability, Nolo

Center for National Truck and Bus Statistics


More Blog Posts:
Maryland Commercial Trucking Injury Update: Relating Traffic Accidents to Federal Regulations for Hours of Service, Trucking Accident Lawyer Blog, March 20, 2011

Maryland Trucking Accident Update: Traffic Collisions between Passenger Cars and Semi Tractor-trailers Can Be Deadly, Trucking Accident Lawyer Blog, March 9, 2011

Maryland Traffic Safety: Fatal Highway Accidents Caused by Ineffective Tractor-trailer Under-ride Guards, Trucking Accident Lawyer Blog, March 1, 2011

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Posted In: Wrongful Death

Posted On: March 14, 2011

$3.3M Prince George’s County Pedestrian Accident Awarded Over Woman’s Maryland Wrongful Death

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A jury has awarded the family of Kelay Smith $3.3 million against the state of Maryland for her Prince George’s County pedestrian accident death. Kelay, 26, died when she was hit by a driver while walking on the 5700 block of Pennsylvania Avenue, which is also called Route 4, on August 12, 2008. At the time Kelay, who was five months pregnant, was walking home with her sister Krystal Fletcher, 22, who was not injured. She and her unborn child died at the hospital.

The Maryland pedestrian deaths happened when a car driven by Petrello Cabbagestalk drove onto the shoulder of the road, striking Kelay and pedestrian Derrick R. “Mooky” Jones. The 30-year-old Forestville resident died at the accident site. Cabbagestalk, whose car slammed into a tree, was taken to the hospital with serious injuries.

The family’s Maryland wrongful death lawyer contends that the pedestrian deaths were preventable. He says there is a 200 feet gap on the street where there are no guardrails or sidewalk. That is where the Prince George’s County traffic crash happened. He believes that the state could have done more to make that area of the road safer for pedestrians.

The jury's verdict awards $800,000 to Kelay’s mom Vicki Muhammed and $2.5 million to her daughter Kayla, who was 2 when the tragic accident happened.

Maryland Pedestrian Accidents
There are many reasons for why a pedestrian death might happen. Driver error or recklessness, pedestrian negligence, faulty traffic signs, poorly designed roads, and auto defects are some of the more common causes. Although nothing will ever make up for the loss of a loved one, you may be able to hold all negligent parties liable. An experienced Prince George's County personal injury law firm can determine what happened and help prove your case.

$3M jury award in Md. pedestrian death, The Washington Post, March 11, 2011

Jury finds Maryland liable for failing to include a sidewalk, Greater Greater Washington, March 11, 2011

Third Victim in District Heights Crash Identified; Family Speaks Out, WJLA, August 2008

Driver in Pedestrian Deaths Had Recent Traffic Ticket, WUSA9, August 14, 2008


More Blog Posts:
Car Accidents Caused by Negligence, Nolo

Pedestrian Safety, Maryland.gov


More Blog Posts:
Maryland Mother and Children Hit, Severely Injured By Taxicab Driver Speeding on Suspended License, Maryland Car Accident Attorney Blog, March 10, 2011

Early Evening Pedestrian Traffic Accident Leaves Grandmother and Grandchild Injured in Rockville, Maryland, Maryland Car Accident Attorney Blog, February 27, 2011

Maryland Auto Injury News: Three Restaurant Customers Injured When Car Crashes into Building, Maryland Car Accident Attorney Blog, December 13, 2011

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Posted In: Pedestrian Accident , Wrongful Death

Posted On: March 9, 2011

Preventing Maryland Car Crashes: State Senate Approves Ban on Reading Text Messages While Driving

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Two years after Maryland lawmakers banned drivers from writing text messages while operating a motor vehicle, the state Senate gave its final approval to a bill banning the reading of texts while driving. Considering that, according to the National Safety Council, 28% of traffic crashes now involve drivers that were texting or talking on a cell phone, this added restriction should hopefully help decrease the number of Maryland car accidents that happen each year.

According to Senator James Brochin, who led the charge against the reading of texts, not only does reading electronic messages require attention and time, causing a driving distraction, but also they are interactive and require the reader’s involvement. The latest bill on texts also extends the ban to drivers who are texting while stopped at traffic lights. They can, however, still use their phones to access GPS, Google maps, music, or other applications.

Dangers of Texting
Texting while driving is dangerous and can cause serious Baltimore personal injury and wrongful deaths. Nationally, a Consumer Reports National Research Center survey found that 30% of respondents under the age of 30 admitted to texting while driving. 9% of those surveyed in the older age group admitted to texting while behind the wheel.

A person who is reading a text while driving likely has one hand off the steering wheel to hold the phone or PDA device. He/she may not be thinking about the road, the other vehicles, the speed he/she is going at, or the driving conditions. It takes just seconds for a Maryland car crash to happen.

Studies find adults and teens web surf, send emails behind the wheel: Effort launched to combat distracted driving, mlive, March 7, 2011

Senate passes ban on reading texts while driving, The Baltimore Sun, March 7, 2011

House OKs ban on stoplight texting, Washington Examiner, March 3, 2011


Related Web Resources:
Map of Texting Bans, Insurance Institute for Highway Safety

National Safety Council

Consumer Reports National Research Center

More Blog Posts:
Maryland Injury News: Distracted Driving Blamed for Increasing Number of Fatal Teenage Automobile Accidents, Maryland Car Accident Attorney Blog, July 17, 2010

Maryland Lawmakers Want Texting While Driving Ban to Block Drivers From Reading Messages, Maryland Accident Law Blog, February 20, 2010

Preventing Maryland Car Accidents: Law Making Texting While Driving Illegal Goes Into Effect on Thursday, Maryland Accident Law Blog, September 28, 2009

Continue reading " Preventing Maryland Car Crashes: State Senate Approves Ban on Reading Text Messages While Driving " »

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Posted In: Car Accidents

Posted On: March 4, 2011

Maryland Wrong Death Lawsuit in 2008 Medevac Crash Blames FAA for Traffic Control Negligence

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17-year-old Ashley Younger’s mom is seeking Maryland wrongful death damages from the Federal Aviation Administration. Younger was one of four people that died in the September 27, 2008 medevac helicopter crash in District Heights. At the time of the Prince George’s County aviation accident, Younger and Jordan Wells, 20, were being transported by medevac for treatment of injuries they sustained in a car crash. Wells, who survived with serious injuries and had to have her right leg amputated, filed her $50 million Maryland personal injury lawsuit against the FAA last year.

In her Prince George’s County wrongful death complaint, Younger’s mother, Stephanie, is claiming that traffic controllers gave the Trooper 2 helicopter’s pilot incorrect and outdated weather information and were negligent when communicating with the medevac chopper’s pilot. She also contends that they were inattentive and unresponsive when he asked for guidance as he got closer to the runway. The helicopter ended up crashing in a wooded area.

Also killed in the accident were state police Pilot Stephen J. Bunker, state police flight paramedic Trooper 1st Class Mickey C. Lippy, and EMT Tonya Mallard. Lippy’s widow is suing for $15 million, while Mallard’s widower wants the FAA to pay $7 million for her Prince George's County wrongful death.

Following its investigation, the National Transportation Safety Board found that dated weather data and pilot inexperience were among the causes of the deadly aviation accident. Last month, the state of Maryland filed its lawsuit accusing the FAA of traffic controller negligence in the District Heights helicopter accident. The state claims the air traffic controllers at Andrews Air Force Base were not equipped to handle airport surveillance radar requests and the medevac’s pilot was given weather information that was five hours old. The lawsuit also accuses the air traffic controllers of only working during half their shift.

Mother of medevac crash victim sues FAA, The Washington Post, March 1, 2011

Maryland files $4 million lawsuit against FAA over 2008 Medevac crash, Gazette.net, January 14, 2011


Related Web Resources:
Federal Aviation Administration

National Transportation Safety Board


More Blog Posts:
20-Year-Old Survivor of 2008 Maryland Medevac Crash Sues FAA for $50M, Maryland Accident Law Blog, December 16, 2010

Multiple Human Errors Cited in Maryland Aviation Accident Involving Medevac that Crashed, Killing Four, Maryland Accident Law Blog, November 10, 2009

Baltimore Sun's Review of 26 Deadly Medevac Crashes Indicate that Not All Victims Needed Air Transport, Maryland Accident Law Blog, October 23, 2008

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Posted In: Aviation Accident/Plane Crash , Wrongful Death

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