August 2011 :: Maryland Accident Law Blog

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Posted On: August 30, 2011

$5M Baltimore Wrongful Death Lawsuit Filed Against Man Convicted of Involuntary Manslaughter in 2008 Inner Harbor Drowning

The family of Ankush Gupta is suing Wayne Black for Maryland wrongful death. Black, 21, pleaded guilty to involuntary manslaughter in Gupta’s drowning. Now, the victim’s loved ones are seeking $5 million in damages. Gupta was 22.

Prosecutors say that in 2008, Black asked Gupta, who had stopped at Inner Harbor on his way to Montgomery County with friends, for a cigarette before shoving him into the water and running off. Gupta, who could not swim, drowned. The two men did not know each other.

Black eventually confessed that it was he who pushed Gupta and he was originally charged with first-degree murder. As part of his plea agreement, Black is to be sentenced to four years behind bars.

Gupta’s family, however, believes that Black’s prison punishment is not enough. They reportedly had been hoping that Black would be convicted for murder. Now, they are suing him for Baltimore wrongful death.

Maryland Wrongful Death
If you lost a family member in an accident because of another party’s negligent, careless, or reckless acts you may have reason to file a Maryland wrongful death complaint. Your case would be separate from any criminal proceedings and the outcomes of both cases are unrelated. This means that even if the person you believe was responsible for your loved one’s death is found not guilty or convicted to a lesser charge than what you believe is warranted, you may still be able to hold the person responsible in civil court.

A Baltimore County wrongful death case allows loved ones to pursue monetary damages from the party they believe caused the loss of their loved one. Damages can include medical bills, lost benefits, lost future income, the plaintiff’s emotional distress, pain, and suffering, loss of companionship, and other losses.

$5M Lawsuit Filed In Harbor Death Case, WBALTV, August 30, 2011

Man pleads guilty to pushing stranger into Inner Harbor, Baltimore Sun, July 28, 2011

More Blog Posts:
$40M Baltimore Wrongful Death Lawsuit Filed Over Fatal Maryland Motorcycle Crash Involving High-Speed Police Pursuit, Maryland Accident Law Blog, April 16, 2011

$5M Maryland Tractor-Trailer Accident Lawsuit Seeks Damages for Man's Wrongful Death, Maryland Accident Law Blog, March 21, 2011

Kathy Wone Settles $20M Washington DC Wrongful Death Lawsuit with Three Men Linked to Her Husband’s Dupont Circle Murder, Washington DC Injury Lawyer Blog, August 3, 2011

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Posted In: Wrongful Death

Posted On: August 23, 2011

$2.5M Maryland Medical Malpractice Verdict to Family of Man Who Died After Suffering Hemorrhagic Shock Following Doctor's Failure to Diagnose

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A jury has awarded the family of Lawrence Dixon $2.5 million for his Maryland wrongful death that was a result of Montgomery County medical malpractice. Dixon, 59, died on May 17, 2007 two days after he suffered a pelvic fracture during a fall accident.

According to the family’s Montgomery County wrongful death case, Dr. David Harding neglected to diagnose during an internal exam that the Lawrence man was bleeding internally. Signs his primary care physician should have noted were his failure to produce urine in 24 hours, low blood pressure, rapid heartbeat, and loss of lucidity. The plaintiffs say that because of this failure to diagnose, Dixon died from multiple organ failure.

Harding’s attorneys disputed these allegations, claiming that Dixon died from taking kayexalate, which is a drug that lowers high potassium levels. They said the medication cut off Dixon’s oxygen when it directly entered his lungs.

Of the $2.5 million wrongful death verdict, $1 million each will go to Dixon’s estate and his wife for non-economic damages. His kids get $250,000 each. However, because of Maryland’s non-economic damages cap, the total will likely be reduced to $812,500.

Failure to Diagnose
Failure to properly diagnose a patient’s condition can cause devastating consequences for a patient, whose life might have been saved or who could have avoided more invasive and painful treatments had he/she been diagnosed or treated right away. Failure to diagnose can occur when a doctor misses a diagnosis, misdiagnoses the condition, or doesn't immediately identify the health condition.

You want to work with an experienced Montgomery County personal injury law firm that knows how to successfully handle Maryland medical malpractice cases.

$2.5M awarded in medical malpractice case, The Daily Record, August 14, 2011

Medical Malpractice, Nolo

More Blog Posts:
Maryland Birthing Malpractice: Brachial Plexus Injuries During Delivery Can Cause Permanent Damage, Maryland Accident Law Blog, July 26, 2011

Staff Was Inattentive on The Night of Patient Murder at Jessup Psychiatric Hospital, Says Maryland Health Investigators, Maryland Accident Law Blog, February 22, 2011

Washington DC Medical Malpractice: Most Doctors Will Be Sued by Age 65, Says New England Journal of Medicine, Washington DC Injury Lawyer Blog, August 19, 2011

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Posted In: Medical Malpractice , Wrongful Death

Posted On: August 15, 2011

$2M Maryland Truck Accident Verdict Awarded to Family of Elderly Couple

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A Montgomery County jury has awarded the family of Xiufeng Wang and Yunshu Li $2.032 million for Wang’s Maryland personal injuries and Li’s wrongful death. The elderly couple were hit by a dump truck in a backover accident On October 9, 2008.

Wang, 78, fractured his back and wrist. His wife Li, 74, was pronounced dead at the Germantown truck accident site. The couple were walking in a crossed traffic lane at a road construction site when the truck struck them.

In their Montgomery County truck accident complaint, their family sought damages from multiple parties involved in the construction project. They contend that Hakes Contracting Incorporated and Milestone Construction Services Inc. did not give pedestrians a safe alternative route in the construction area after taking off a portion of the sidewalk. They also accused the dump truck operator of negligence.

Backover Accidents
A vehicle that runs over pedestrians while backing up can cause serious personal injuries. The motor vehicle doesn’t have to be going at a fast speed for a fatality to occur. Skateboarders, elderly persons, small kids, joggers, and bicyclists are among those at high risk of getting hurt in a Maryland backover crash. Backover accidents most often occur when a motor vehicle is backing out of a driveway, alley, or parking spot. The drivers of large vehicles with huge blind spots must be especially careful to check to make sure there is no one behind them when backing up.

The Maryland backover accident that injured Wang and Killed Li is a case of how sometimes more than one party can and should be held liable for Montgomery County personal injury and wrongful death. The parties responsible for the construction site should have made sure that all safety precautions were implemented so that motor vehicle crashes and pedestrian accidents don't happen.

Successful Lawsuit Sees Jury Award Over $2 Million in Compensation, News4Us, August 2, 2011

Related Web Resources:
Trucking Accidents, Nolo

Backover Crashes, Insurance Institute for Highway Safety

More Blog Posts:
Maryland Commercial Trucking Accident News: Cement Mixer Truck Overturns on I-270; Four People Seriously Injured, Trucking Accident Lawyer Blog, July 8, 2011

Maryland Injury Accident News: Local HS Coach Seriously Hurt in Head-on Crash with Dump Truck, Trucking Accident Lawyer Blog, May 31, 2011

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

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Posted In: Pedestrian Accident , Truck Accidents

Posted On: August 11, 2011

Federal Lawsuit Against ICE Accuses Anne Arundel County Police of Police Brutality During 2008 Immigration Raid in Maryland

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Two families have filed a federal lawsuit against the U.S. Immigration and Customs Enforcement (ICE) over a 2008 immigration raid targeting Annapolis Painting Services. The plaintiffs are alleging police brutality and the violation of their civil rights and they are seeking $2.5 million in damages.

With the help of immigrant advocacy group CASA de Maryland, spouses Pablo Alvarado and Ingrid Munoz and siblings Elizabeth Gallegos-Torres and Natalia Pelaez-Torres have filed their complaint in U.S. District Court in Baltimore. All of the plaintiffs live in Annapolis.

On June 30, 2008, 75 federal agents and dozens of Anne Arundel County cops rounded up workers that they suspected were undocumented. More than a dozen homes, as well as the Annapolis Painting Services offices, were raided.

The plaintiffs, who say they sustained severe emotional distress, claim that during the raid. armed officers went into homes without probable cause, consent, or a proper warrant. They also contend that they were:

• Woken up in the middle of the night with shouts and banging on doors.
• Grabbed and pushed while they were detained and searched.
• Bullied and threatened.
• Handcuffed or shackled.
• Detained for weeks without being notified that they had the right to speak to a lawyer.

It is important for the public to know that police brutality or any other type of excessive use of force by a law enforcement official is against the law and may be a violation of that person’s civil rights.

Granted, situations where altercations and/or arrests are involved can get out of hand or confusing. It doesn’t matter. If you believe that you were a victim of Maryland police brutality, you should speak with an experienced Anne Arundel personal injury law firm immediately.

Families File Federal Lawsuit in 2008 Immigration Raid, Greater Annapolis Patch, August 9, 2011

Immigrant group sues ICE agents, Hometown Annapolis, August 9, 2011

Related Web Resources:
CASA de Maryland

U.S. Immigration and Customs Enforcement

More Blog Posts:
$10M Montgomery County Wrongful Death Lawsuit Accuses Police of Excessive Use of Force, Maryland Accident Law Blog, March 29, 2011

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

Arnold Man Convicted of Hindering Cop Who Shot Him Plans to File Anne Arundel County Personal Injury Lawsuit, Maryland Accident Law Blog, June 10, 2010

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Posted In: Police Brutality

Posted On: August 9, 2011

$91.5M Nursing Home Neglect Verdict Awarded to Family of Woman for Her Wrongful Death

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Our Baltimore nursing home abuse lawyers represent victims of Maryland nursing home negligence and their families. Nursing home operators should be held liable when abuse or poor care causes a patient to suffer serious injuries, illness, or death. For more information, please visit our Maryland Nursing Home Lawyer Blog for more information.

Unfortunately, incidents of nursing home neglect and abuse throughout the US are not uncommon. Recently, a jury awarded the family of one elderly woman $91.5 million in their nursing home negligence case blaming assisted living facility Heartland of Charleston, which is owned by HCR ManorCare Inc., for her wrongful death. HCR Manor Care is a Carlyle Group nursing home subsidiary.

According to attorneys for the plaintiffs, Dorothy Douglas’s health deteriorated to the point that she was near death during her three-week stay at the nursing home in 2009. By the time she was transferred to another facility, the 87-year-old woman, who suffered from Parkinson’s disease, dementia, Alzheimer’s, and several other conditions was unresponsive, severely dehydrated, and had lost 15 pounds. She died soon after.

The plaintiffs accused Heartland of medical negligence and of not having enough nurses on staff to properly care for Dorothy. A number of the nursing home’s former workers testified during the civil trial that it was impossible to give all patients the proper care that they needed. Employee turnover rate at Heartland in 2009 was reportedly 112%.

Heartland is owned by ManorCare Inc, which operates hundreds of US nursing homes. Of the $91.5 million verdict, $11.5 million is compensatory damages and $80 million is punitive damages.

Maryland Nursing Home Negligence
It is important that assisted living facilities have not just enough staff members but that they are properly trained and have the experience to give patients the care that they need. Making sure that a patient is properly fed, and hydrated is part of providing basic care. People who are sick and/or elderly cannot afford to become malnourished or dehydrated. These conditions can cause serious health complications and even deaths that could have been prevented were not for the negligent nursing care a resident received.

You want to work with experienced Owing Mills nursing home abuse and neglect lawyers that know how to prove that a facility and its staff were careless, reckless, or made mistakes.

Heartland must pay $91.5M in fatal neglect case, The Charleston Gazette, August 5, 2011

Carlyle Nursing Unit to Appeal $91.5 Million Medical Negligence Verdict, Bloomberg, August 8, 2011

More Blog Posts:
Nursing Home Sued in Two Different Wrongful Death Lawsuits, Maryland Nursing Home Lawyer Blog, July 25, 2011

Hospital to Pay $5.4M in Bedsore Injury Lawsuit, Maryland Nursing Home Lawyer Blog, July 19, 2011

Elder Financial Abuse Costing Victims Almost $3 Billion, Reports MetLife Mature Market Institute Study, Washington DC Injury Lawyer Blog, May 31, 2011

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Posted In: Medical Malpractice , Nursing Home Abuse and Negligence , Wrongful Death

Posted On: August 2, 2011

One Worker Dies, Another Injured in Anne Arundel County Construction Accident

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A 27-year-old worker was killed and another man hurt in a Maryland construction accident on Friday. The incident took place at a work site at the Arundel Mills Mall lot.

According to officials, Leon Ray Sax was killed when a precast concrete wall collapsed. He had been standing in a mechanical arm’s bucket lift at the time and when the wall, which was approximately 30 feet tall and consisted of 25 tons of precast concrete, fell he became trapped. Also injured in the Anne Arundel construction accident was Darbin Suazo-Jimenez, who sustained life-threatening injuries.

The Hanover, Maryland construction site is going to be the location of a slots machine parlor and entertainment complex. The company building the complex is Cordish Cos. The general contractor for the project is Commercial Interiors Inc.

Sax and Suazo-Jimenez are not the first workers to get hurt on this site. In early July, a construction worker sustained a leg injury after a piece of concrete landed on him while he was working in a ditch.

Maryland Construction Accidents
With so many parties involved in a Hanover, MD construction accident, it can be difficult to determine who should be held liable in the event of an Anne Arundel County personal injury accident. While in most cases you cannot sue your employer for your work injuries—you are, however, likely entitled to Maryland workers’ compensation benefits—there are other parties involved in the construction project that are not your employer that you may be able to pursue via a third-party Maryland injury complaint.

Worker from Casino Project in ‘Serious but Stable’ Condition, Elkridge Patch, August 1, 2011

Construction Accident at Arundel Mills Slots Site Kills Worker, 1 Injured, Justice News Flash, August 2, 2011

One dead, one injured at Arundel Mills slots construction site, The Baltimore Sun, July 29, 2011

Related Web Resources:
Construction Accidents Overview, Justia

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Posted In: Construction Accidents

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