April 2011 :: Maryland Accident Law Blog

Home > April 2011

« March 2011 | | May 2011 »

Posted On: April 30, 2011

Two Brothers Dead, Another Injured in Maryland Boating Accident

Brothers John W. Sowers, 64, and Stephen R. Sowers, 67, were killed on Friday in a Maryland boating accident when the fishing vessel they were in sank on the Chesapeake Bay off Breezy Point. The two men had gone out fishing with their brother Robert Sowers and John’s son-in-law, Matt Hinkle, when the boat lost power as the waters got rough. Afer getting hit by a large wave, the 25-foot vessel began filling with water and capsized.

The men were only able to avail of three of their life vests. Hinkle swam 1½ miles toward shore to get help, while someone came buy and picked up Robert. The two men were treated for hypothermia. Meantime, a Maryland State Police chopper helped find the other two Sowers brothers in the water. They were pronounced dead at Calvert Memorial Hospital. The boaters were in water with a temperature of about 50 degrees for over two hours.

Maryland Boating Accidents
Rough waters and unpredictable weather conditions can cause tragic boating accidents. In some cases, human negligence may also have been a factor, which is where an experienced Baltimore boating accident law firm should step in.

Other common causes of Maryland boating accidents:
• Operator inattention
• DWI
• Boat malfunction or parts defect
• Equipment failure
• Speeding
• Boater inexperience

Examples of boating accidents:
• Capsizing
• Boat collisions
• Falls overboard
• Slip and fall
• Boat fire or explosion
• Sinking

2 York County men die in boat accident in Md., YDR, April 23, 2011

2 men die after boat capsizes in Chesapeake Bay, The Baltimore Sun/AP, April 25, 2011

Related Web Resources:
US Coast Guard Home Page

Maryland Department of Natural Resources

Boat Accidents, Justia

More Blog Posts:
Maryland Boating Accident: Teenager Seriously Hurt While Trying to Dock a Personal Watercraft, Maryland Accident Law Blog, June 7, 2009

US Coast Guard Suspends Search for NFL Players Who Were Lost After Boat Capsized, Maryland Accident Law Blog, March 3, 2009

US Coast Guard’s 2007 Recreational Boating Statistics Reports 10 Deaths in Maryland, Maryland Accident Law Blog, March 3, 2009

Continue reading " Two Brothers Dead, Another Injured in Maryland Boating Accident " »

Posted by Lebowitz & Mzhen | Permalink | Email This Post

Posted In: Boating Accidents

Posted On: April 27, 2011

Transgender Woman Attacked at McDonald’s in Baltimore Says She Was Victim of “Hate Crime”

| Share

Chrissy Lee Polis, a transgender woman, was brutally assaulted at a Baltimore McDonald’s in Maryland. Polis, 22, says she was the victim of a “hate crime” and that this is not the first time she has been attacked.

She says that this latest Baltimore injury incident happened on April 18 at a McDonald’s in the Rosedale suburb. In an interview with the Baltimore Sun, Polis claims that two females attacked her after she came out of the restroom. She says that they kicked her, ripped her hair, spit in her face, and threw her to the ground. One woman allegedly accused Polis of talking to "her" man.

The attack was captured on video by someone since identified as Vernon Hackett, a McDonald's employee. The footage was posted online. Hackett can be heard in the background laughing while other workers are seen standing around. Hackett has since been fired.

Even after another McDonald’s worker and a customer tried to help Polis, the two women allegedly kept assaulting her. According to a police report, Polis sustained cuts and bruises and had a seizure after the attack. Two females, ages 14 and 18, have been arrested in connection with the assault. The 18-year-old suspect, Teonna Monae Brown, is charged with one count of first-degree assault and two counts of second-degree assault. The 14-year-old was charged in juvenile court. McDonald’s has called the attack “unacceptable” and “disturbing.”

If someone you love was the victim of a violent crime on someone else’s premise, it is important that you speak to a Baltimore injury law firm right away to find out if you should file a Maryland premises liability claim. Property owners of premises frequented by the public are supposed to ensure that there is adequate security so that patrons and others don’t become victims of violent crimes or robberies. If a violent crime could have been stopped and the property owner/manager or others affiliated with the premise or business were negligent and failed to take such action, the victim might also be able to sue for Baltimore personal injury.

Attack at McDonald's, The Baltimore Sun, April 25, 2011

Community Rallies to Support Victim of Beating at McDonald's, Patch.com, April 26, 2011

Related Web Resources:
Hate Crimes, FBI

Inadequate Security, Justia

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Montgomery County Premises Liability: Nordstrom Ordered to Pay Nearly $1.6M to Two Women Injured in 2005 Bethesda Mall Stabbing, Maryland Accident Law Blog, April 21, 2011

Retired Teacher Shot to Death in Glen Burnie Shopping Mall Parking Lot, Maryland Accident Law Blog, February 9, 2011

Man Assaulted at Westport Light Rail Station in Baltimore, Maryland Dies From Injuries, Maryland Accident Law Blog, November 8, 2010

McDonald's

Posted by Lebowitz & Mzhen | Permalink | Email This Post

Posted In: Personal Injury , Premises Liability

Posted On: April 21, 2011

Montgomery County Premises Liability: Nordstrom Ordered to Pay Nearly $1.6M to Two Women Injured in 2005 Bethesda Mall Stabbing

| Share

A Maryland jury has ordered Nordstrom to pay Jacqueline Greismann and Sarah Paseltiner nearly $1.6 million in Montgomery County personal injury damages. The two women were injured on May 25, 2005 when they were stabbed by a woman wielding four butcher knives at the Nordstrom in the Westfield Montgomery Shopping Mall in Bethesda.

Their assailant, Antonia Starks, is a paranoid schizophrenic who is now at a Maryland psychiatric hospital. She had been released from prison just the day before she entered the mall and started chasing shoppers. Both Paseltiner and Greismann were stabbed multiple times.

The plaintiffs contend that Nordstrom failed to attempt to evacuate the store or adequately warn shoppers that Antoinette Starks was armed and on the loose. Greismann’s attorney contends that even though the store has an emergency manual, it did not adequately train its workers on how to follow it.

The jury awarded Greisman $1.25 million and Paseltiner $345,500.

Maryland Premises Liability
Premise owners of property frequented by the public must make sure that there are no hazards or dangerous situations on the grounds that could place a patron, guest, or visitor at risk of serious injury, illness, or death.

Some possible causes for a Maryland premises liability case:
• Parking lot falls
• Escalator malfunctions
• Slip and fall accidents
• Trip and fall accidents
• Poor lighting
• Car accidents in parking lots
• Fall merchandise
• Construction accidents
• Dangerous debris
• Inadequate maintenance
• Poor inspection
• Elevator malfunction
• Electrical hazards

You should speak with a Bethesda injury lawyer to find out whether you have got a case.

Jury orders Nordstrom to pay $1.6 million to Bethesda stabbing victims, Washington Post, April 18, 2011

Maryland jury orders Nordstrom to pay $1.6 million to stabbing victims , SeattlePI, April 19, 2011

Related Web Resources:
Nordstrom

Westfield Montgomery Shopping Mall

More Blog Posts:
Retired Teacher Shot to Death in Glen Burnie Shopping Mall Parking Lot, Maryland Accident Law Blog, February 9, 2011

Recent Shootings at Safeway and Walmart Raises the Question of How Liable Premises are for Violent Crimes, Washington DC Injury Lawyer Blog, January 23, 2011

Escalator Malfunction at DC Metro Station Injures Four, Washington DC Injury Lawyer Blog, October 31 ,2010

Posted by Lebowitz & Mzhen | Permalink | Email This Post

Posted In: Personal Injury , Premises Liability

Posted On: April 16, 2011

$40M Baltimore Wrongful Death Lawsuit Filed Over Fatal Maryland Motorcycle Crash Involving High-Speed Police Pursuit

| Share

The mother of Haines Holloway-Lilliston is suing the city of Baltimore and Police Officer Timothy Everett Beall for Maryland wrongful death. Holloway-Lilliston died last year in a Baltimore motorcycle accident that occurred during a high-speed police chase. Now, Connie Holloway-Johnson is seeking $40 million.

Holloway-Johnson believes that her son’s death was caused by Beall, who, per an investigation report by he Maryland State Police, kept following the 27-year-old even after he was ordered to “end the chase” and he had turned off is siren and lights. Distracted by radio communication and his telephone, Beall's police car rear-ended Holloway-Lilliston, whose body ended up bouncing off the vehicle. These findings are counter to what Beall told investigators when he said that the motorcyclist “crashed out in front of him.” No criminal charges have been filed against Beall.

Police Pursuits
Police officers must follow specific protocols when pursuing another vehicle. One reason for this is to prevent becoming involved in a traffic crash—whether with the suspect or innocent bystanders. Geoffrey Alpert, a University of South Carolina professor of criminology, was quoted in USA Today last year as saying that approximately 35% - 40% of police chases end in traffic crashes. Alpert also says that while the National Highway Traffic Safety Administration says that police pursuits result in about 360 deaths a year, that number is likely 3 to 4 times higher.

Police pursuits often involve at least one if not more vehicles going at a fast speed. In the heat of the moment, the motorists my disregard traffic lights and laws and fail to pay attention to the surrounding vehicles and pedestrians. Reckless driving, even in the name of apprehending a suspect, can cause serious injuries or death.

Deaths lead police to question high-speed chase policies, USA Today, April 23, 2010

Family of crash victim files $40 million suit against city, officer, The Baltimore Sun, April 6, 2011

Officer Suspended After Fatal Crash With Motorcycle, WBALTV, July 15, 2010

More Blog Posts:
Maryland Traffic Injury News: Baltimore Named in $40 Million Lawsuit following Motorcycle Rider’s Death, Maryland Motorcycle Accident Lawyer Blog, April 9, 2011

Maryland Trucking Accident News: Rogue Truck Driver Leads Police on Multi-State Chase, Maryland Motorcycle Accident Lawyer Blog, February 23, 2011

Maryland Traffic Accident News: Montgomery County Driver Faces 10 Years for Death of Gaithersburg Bicyclist, Maryland Motorcycle Accident Lawyer Blog, February 23, 2011

Posted by Lebowitz & Mzhen | Permalink | Email This Post

Posted In: Car Accidents , Motorcycle Accident , Wrongful Death

Posted On: April 11, 2011

Baltimore's Public Housing Authority Says It is “Not Possible” To Pay Judgments in Maryland Lead Poisoning Cases

| Share

The Housing Authority of Baltimore City says it is “not possible” to pay almost $12 million in existing Maryland lead poisoning judgments. According to City Housing Commissioner Paul T. Graziano says that the agency just cannot afford to pay.

The nearly $12 million is for nine court judgments, and the housing authority is still facing 175 Baltimore lead paint cases, which could up the amount the city owes for these claims to $800 million. Some lawmakers are outraged the city’s response.

Although Maryland’s lead law, which was passed in the 1990’s, has decreased the number of lead poisoning incidents that occur each year—the lead risk reduction law mandates that owners of rental units constructed before 1950 fix them to reduce lead exposure risks—incidents of lead poisoning are still diagnosed on a regular basis. According to a 2010 report by the state’s Department of the Environment, more than 500 kids under the age of 7 were diagnosed with lead poisoning in 2009. 347 of the cases were in Baltimore, the leading city for exposure to lead because of the age of the city’s housing. There are still homes and building that have lead paint on windows, walls, or molding—even if they have been painted over.

Lead paint on a property is a hazard and can be grounds for a Baltimore personal injury lawsuit if injuries or illness result. Young kids are especially at risk of serious harm from exposure to lead paint, which can affect physical and mental development and in certain cases lead to death. Adults are also prone to injuries from lead poisoning.

Serious lead poisoning side effects:
• Learning difficulties
• Developmental problems
• Decrease in mental functioning
• Mood disorders
• Muscular weakness
• Miscarriage
• Lower sperm count
• Memory loss

Baltimore’s Housing Authority Says It Can’t Afford To Pay For Lead Paint Poisoning Claim, CBS Local, April 5, 2011

Officials focus on gaps in lead paint law, Baltimore Sun, August 27, 2010

Related Web Resources:
Lead in Paint, Dust, Soil, Environmental Protection Agency

Lead Poisoning, Mayo Clinic

Baltimore Housing

More Blog Posts:
Maryland Jury Awards $2.5 Million Baltimore Lead Paint Verdict to Siblings, Maryland Accident Law Blog, November 5, 2009

Hundreds of Washington DC Children May Have Been Exposed to High Levels of Lead in City’s Tap Water, Washington DC Injury Lawyer Blog, January 27, 2009

Lead Paint Discovered on Washington D.C. Park Fence Near Where Hundreds of Kids Play, Washington DC Injury Lawyer Blog, September 20, 2007

Continue reading " Baltimore's Public Housing Authority Says It is “Not Possible” To Pay Judgments in Maryland Lead Poisoning Cases " »

Posted by Lebowitz & Mzhen | Permalink | Email This Post

Posted In: Injuries to Minors , Premises Liability

Posted On: April 5, 2011

Johns Hopkins University Student Who Sustained Maryland Brain Injury in Baltimore Bicycle Accident is Not Expected to Recover

| Share

According to an email from Johns Hopkins University’s School of Engineering Dean Nicholas Jane, 20-year-old student Nathan Krasnopoler is not expected to recover from his brain injury that he sustained when he was injured in a Baltimore bicycle accident on University Parkway last month. Krasnopoler has been in a coma since the February 26 traffic crash, when a driver abruptly turned into the marked bike lane where he was riding.

Per a statement by Krasnopoler’s family, his brain damage “appears to be permanent” and it is not likely that he will regain any “cognitive function.” They have filed a $10 million Baltimore brain injury lawsuit against Jeanette Marie Walke, the 83-year-old driver that hit him. Walke has not been charged over the Maryland bicycle accident. However, plaintiffs’ attorneys contend that she violated a number of traffic laws when the collision happened.

Per the complaint, Krasnopoler wasn’t able to prevent his bike from hitting the passenger side of Walke’s vehicle as it turned. Her car then ran over him, pinning him. In addition to his Maryland brain injury, which occurred not from the impact of the crash but because his brain was deprived of oxygen when his lungs collapsed, Krasnopoler sustained serious burns because Walke allegedly left the engine on when her car was on him. Krasnopoler also suffered eye damage, facial fractures, and broke his ribs and collarbone. He went into cardiac arrest while the ambulance was dring him to the hospital.

The Baltimore car crash complaint accuses Walke of reckless and negligent driving and other traffic violations. Under Maryland law, motorists passing a cyclist must keep at least a distance of three feet from the rider.

Read the Family's Statement, Baltimore Sun, April 5, 2011

Comatose bicyclist's family sues 83-year-old driver for $10 million, The Baltimore Sun, March 22, 2011

Lawyers for Hopkins student hit by car file $10M suit, The Daily Record, March 22, 2011

Related Web Resources:
Bike Accidents, Nolo

National Institute of Neurological Disorders and Stroke

More Blog Posts:
Family of Baltimore Bicyclist Settles Maryland Tanker Truck Accident Lawsuit Over His Wrongful Death, Maryland Accident Law Blog, December 2, 2010

Pedestrian and Bicyclist Killed in Baltimore Tractor-Trailer Accidents, Maryland Accident Law Blog, August 27, 2010

68-Year-old Mount Pleasant Woman Killed in Bicycle Accident with DC Guard Truck, Washington DC Injury Lawyer Blog, April 20, 2010

Posted by Lebowitz & Mzhen | Permalink | Email This Post

Posted In: Bicycle Accidents , Car Accidents , Traumatic Brain Injuries

« March 2011 | | May 2011 »