Kim, her son Vincent, and her daughter Jacqueline were headed to a riding lesson on June 12 when the Sykesville family’s Mazda 5 minivan collided with a flat-bed tow truck driven by truck driver Tymothy Thatcher.
Vincent was pronounced dead at Howard County Hospital. His 5-year-old sister was treated at Children’s Hospital in Washington and released two days later. Kim was pronounced dead at Maryland Shock Trauma Center on Monday night. Thatcher was not injured in the truck accident.
Police are investigating the cause of the Sykesville truck collision.
Maryland Truck Accident Lawsuits
Pursuing your Maryland truck crash claim without the help of a Baltimore personal injury law firm representing you can get tricky. Trucking companies are equipped to combat liability claims filed against them, which is why you need your own truck crash legal team to look out for your best interests and protect your legal rights.
One common argument that a trucking company might use to combat a Maryland personal injury case is to place the blame on the injured party. The truck crash defendant may accuse the motor vehicle of unsafe passing, driving into opposing traffic, drunk driving, failing to stop, failing to yield, following too closely, speeding, distracted driving, or improperly merging. The trucking company might also claim that the truck driver was an independent contractor (rather than an employee) or blame the manufacturer of a specific truck part for a defect that caused the truck collision.
It is also not uncommon for a trucking company, a leasing company, the company that owns the cargo being transported, or another involved party to blame the other parties for the motor vehicle accident.
This is why you need to contact an experienced Maryland truck crash law firm as soon as possible.
Mother dies after crash that killed son, The Baltimore Sun, July 1, 2009
Route 32 crash claims 2nd life, mother of 13-year-old, Howard County Times, June 30, 2009
Related Web Resources:
Teen killed in Howard crash remembered as inspiration, Baltimore Sun, June 26, 2009
Readings showed approximately 85 parts per million of the gas close to an upstairs bedroom and 74 parts per million in the downstairs area. Most CO detectors go off at around 35 parts per million.
According to the Baltimore County Fire Department, this is not the first time that CO poisoning has been an issue at the complex. In July 2005, a 48-year-old resident and his two stepdaughters, ages 15 and 14, died in their home. The tragic accident occurred because a hot-water heater had a faulty pipe. In August 2005, nine people were rushed to a hospital after suffering from symptoms associated with carbon monoxide poisoning.
There are now carbon monoxide alarms throughout the complex. Last year, however, the fire department was called to Maryland townhouse complex 20 times because the alarms went off.
The unit where Wednesday’s incident occurred is owned by Sawyer Reality Holdings LLC.
Carbon Monoxide
CO often goes undetected, which is one of the reasons it claims so many lives. It continues to be the number one cause of accidental poison deaths in the US. Exposure to carbon monoxide for an extended period of time can lead to brain damage and death.
Earlier this month, a family staying in an Ocean City, Maryland condominium had to evacuate the premise when they started feeling sick because of a carbon monoxide leak. Firefighters say the level of carbon monoxide was over 1,000 parts per million. A mother, father, two grandchildren, and two grandparents were treated and released from Atlantic General Hospital.
Three years ago, a father and his 10-year-old died in Ocean City at a Days Inn because of a carbon monoxide leak. The man’s widow filed a $30 million Maryland wrongful death lawsuit against several defendants and a settlement was reached this April.
A property manager that fails to properly maintain a premise can be held liable for Maryland premises liability if a carbon monoxide leak causes someone to get sick or sustain a brain injury.
5 hospitalized with CO exposure symptoms, Examiner.com, June 25, 2009
Pa. family made sick by toxic gas in condominium, DelMarvaNw.com, June 18, 2009
Related Web Resources:
Carbon Monoxide Poisoning, EMedicineHealth.com
Premises Liability Overview, Justia
Short’s relatives contend that the deadly Maryland truck accident happened because Baldwin had been drinking prior to getting into her car. Just six months ago, prosecutors decided not to criminally charge the teenager with auto manslaughter because her blood alcohol content two hours after the car-truck collision was .036%. Maryland’s legal BAC limit is .08%.
The Maryland wrongful death lawyer representing Short’s family, however, says Baldwin’s BAC would have been higher if she had been tested right after the Maryland truck accident. He also provided a photo taken from the teenager’s MySpace page that shows her holding a bottle of alcohol while seated behind the wheel of a motor vehicle.
Baldwin told police she drank four beers on the night of the crash. The 19-year-old says she was very tired while driving early on the morning of August 10 but there was no place for her to pull over. She fell asleep while on the bridge and her car swerved across the center line into Short’s path. Baldwin says she woke up just as she saw herself driving toward the truck.
She pled guilty to negligent driving, violating a license restriction, and failure to drive right of center. Baldwin paid a $470 fine.
Short’s family also plans to sue the state of Maryland for his wrongful death. Poor maintenance and improper operation may be cited. Their wrongful death lawyer says the bridge is not up to today’s standards and that the state should not have allowed two-way traffic on the bridge when there is a lot of traffic. 70% of fatalities on the bridge have occurred when two-way traffic was allowed on one span.
$7M civil lawsuit filed in Bay Bridge crash, Hometown Annapolis, June 17, 2009
Md. to be sued over fatal Bay Bridge crash, WTOP, June 17, 2009
Related Web Resources:
Maryland Transportation Authority
According to officials, Train 112, the train that hit another train close to the Fort Totten Station, contained six of the oldest rail cars in the fleet. The train cars belonged to the Series 1000 models from the 1970’s. Several years ago, the National Transportation Safety Board recommended that the Washington Metropolitan Area Transit Administration replace these cars because their ability to withstand a train crash was uncertain. The transit agency, however, refused to retire the trains or strengthen their frames (which could have decreased the risk that they would collapse during a collision) because of cost concerns. Also, the trains were going to be retired in 2014.
The 290 1000 series cars comprise over 25% of Metro’s 1,126-car fleet. During Monday's train crash, part of train 112’s lead car ended up on the roof of Train 214’s trailing car. The impact of the crash crushed 2/3rds of Train 112’s lead car.
Train 112 was operating automatically at the time of Monday's train collision and evidence indicates that train operator Jeanice McMillan, who was among the fatalities, activated the emergency break before the train accident happened. McMillan, 42, had only three months’ experience as a train operator prior to Monday’s devastating wreck. National Transportation Safety Board chairwoman Deborah A.P. Hersman says that investigators are examining whether McMillan was tired, having health issues, or was talking on a cell phone or text messaging when the DC train accident happened.
Based on the current information and evidence that is available, experts say that the train crash may have occurred because of operator error, a faltering computer system, brake failure, or a combination of these factors. The Washington Post is reporting that Train 112 may have been two months past due for brake maintenance.
Unfortunately, because train 112 is an older train, it does not have a “black box.” The train that was struck is a newer train that was carrying a data recording device. Hersman says that the NTSB is examining a number of other issues, including system maintenance, personnel training, and the train tracks’ condition. Search, recovery, and investigation efforts are seriously affecting travel from the Maryland suburbs to downtown Washington DC.
Toll rises to 9 in D.C. rail crash, The Baltimore Sun, June 24, 2009
Train Operator Apparently Hit Brakes Before Crash, Washington Post, June 24, 2009
Related Web Resources:
Washington Metropolitan Area Transit Authority
Andrew, who at the time was a Harney volunteer in Carroll County, was training for a full-time position in Frederick County when the tragic incident happened. He collapsed on July 3, 2002 while participating in an outdoor workout at the center while taking part in a nearly 4-mile run.
Instructors at the training center performed CPR on Andrew after he collapsed. He was pronounced dead upon his arrival at Frederick Memorial Hospital. Doctors that examined Andrew’s body at the hospital said his temperature was 107.4.
His parents not only contend that the training took place in severe heat, but they claim that their son’s supervising officer, Jeffrey Coombe, neglected to notice his son’s symptoms or provide him with first aid. They also accused the Frederick Board of Country Commissioners and training academy leaders of negligence.
Heatstroke
A kind of hyperthermia that involves a person that has an abnormally high body temperature.This condition can be fatal if treatment is not administered immediately and correctly. In addition to high body temperature, symptoms of heat stroke may include a rapid pulse, problems breathing, the inability to perspire, skin that is flushed dry or hot red, hallucinations, unusual behavior, agitation, confusion, disorientation, seizures, or coma. People most susceptible to heat stroke are babies, elderly people, athletes, and workers that do their job under a hot sun.
Frederick Wrongful Death Suit Settled for $300,000, The Washington Post, June 18, 2009
Md. judge tosses claims in 2002 firefighter's death, Firerescue1.com, March 10, 2007
Related Web Resources:
Frederick County Government
Frederick County Public Safety Training Center
Heat Stroke, MedicineNet.com
Beall was a high school student at the time of the escalator accident that injured her and several other students from her school band. The band was in Ocean City to attend the Youth Music Competition taking place at the Convention Center.
On May 5, 2006 the escalator they were riding to the next floor stopped abruptly and began moving in the opposite direction. A number of students fell and some of them were taken to a hospital for treatment of their injuries.
In her Maryland personal injury complaint, Beall contends that she sustained serious injuries when students that fell pinned her to the escalator that was still moving. Her face, shoulder, and scalp became lacerated, and she now suffers from anxiety, post-traumatic migraine disorders, and has an escalator phobia. She also suffers from migraines, serious headaches, chills, nausea, blackouts, shaking, and is sensitive to light and sound.
Beall is seeking $500,000 from the defendants. Her Maryland civil lawsuit alleges negligence and contends that defendants knew or should have known that the escalator was experiencing problems before the escalator accident yet failed to act to repair the issues to remove its safety hazards. A year after the accident, an independent inspector assessed the escalator’s condition and found that it had worn and failing gear parts.
According to a 2005 CBS News report, almost 10,000 people a year sustain escalator injuries serious enough to warrant hospital emergency room care. Common kinds of escalator accidents include those involving:
• Sudden stops
• Slip and fall accidents
• Fall accidents
• Metal teeth on the escalator coming loose
• Hands, clothing, feet, or shoes getting caught in the escalator
$500K Lawsuit Filed In OC Escalator Fall, MDCoastDispatch.com, May 29, 2009
Danger On The Escalator, CBS News, February 17, 2005
Related Web Resources:
Thousands Injured in Escalator, Elevator Accidents, NewsInferno.com, May 14, 2008
The Consumer Product Safety Commission says that between 1999 and 2008, 83 children were involved in spa and pool entrapment accidents, resulting in 69 injuries and 11 deaths. Just this April, a 38-year-old man drowned in a pool entrapment accident involving a hotel pool drain. And kids, who are smaller in size, are at particular risk of becoming the victim of pool or spa entrapment accidents in the event that their hair, a body part, or swimsuit gets trapped in a drain’s powerful suction.
The CPSC says, however, that defective pool drains are not the only issue of concern for parents when it comes to protecting their kids while they are swimming. Every year, approximately 300 kids drown and 3,000 others sustain serious injuries in pools and spas throughout the US. In addition to pool entrapment injuries and drowning accidents, another cause of injury can occur when a child dives into the water and strikes his or her head on the bottom of the spa or pool.
While drowning accidents can prove fatal, those that do survive are sometimes left disabled for life because they sustained atraumatic brain injury. A child or adult that strikes his or her head against the bottom of the pool can end up with a spinal cord injury, a TBI, or broken bones.
There are steps that public and private pool and spa owners can take to protect adults and kids from getting hurt in a swimming accident. Failure to execute these safety precautions can be grounds for a Maryland premises liability claim or a wrongful death lawsuit.
Safety Concerns to Delay Opening of Some Maryland Pools, WJLA.com, May 23, 2009
CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas, CPSC, May 21, 2009
Related Web Resources:
Pool Safety
Peters reportedly was stabbed more than 20 times. Her two sons were also stabbed. Joseph Mays, Peters' live-in boyfriend, has been charged with all three murders.
Her family also believes that he isn't the only one that should be held liable for the triple slaying. They think that the 911 dispatcher that answered the call made from inside Peters’ apartment may have told a cop that the screams heard over the phone could have been “child’s play.” Her family also thinks that police waited anywhere from 30 minutes to an hour and a half after no one answered the door before breaking into the home.
That is when they found the bodies. Mays, who was also in the apartment, sustained superficial chest wounds. The couple's 2-year-old girl was also there and alive.
Wrongful Death for Murder
If someone you love was murdered, you may have grounds for filing a wrongful death lawsuit against the person that actually committed the crime. There also may be other parties that can be held liable for your loved one’s wrongful death—even if he or she didn’t commit the actual crime. For example, a wrongful death claim can be brought against a premise owner for the inadequate security that allowed for a crime to occur on a property, or police or a city can be sued for wrongful death if negligence on their part allowed for a murder to occur.
Family Suing Over D.C. Triple Murder, MyFoxDC, June 8, 2009
Charges Are Filed In Triple Stabbing, The Washington Post, March 23, 2009
Related Web Resources:
Wrongful Death Overview, Justia
In Frederick, Maryland, three men were charged last week for the death of pedestrian Elizabeth DiNunzio. The Mount Saint Mary's University’s college senior was jogging last month when she was struck by a car driven by driver Joshua Cool on Old Emmitsburg Road. According to police, DiNunzio was running against traffic and in compliance with Maryland law.
While Joshua is charged with negligent driving, knowingly driving a vehicle that was uninsured, and not exercising the proper care to avoid striking a pedestrian, passengers Ann Cool and Joseph Cool were charged with knowing that they were riding in a vehicle that was uninsured.
Last month, a Clinton man sustained serious injuries in a Howard County pedestrian accident when he was hit by a car on Route 32 close to 95. Frank Trowell, Jr., 44, was taken to Shock Trauma in critical condition. Police are looking into the cause of the Maryland motor vehicle crash.
Also in May, a pregnant teenager and her friend were hit by a car in Crownsville. Police say that the driver of the vehicle, 23-year-old Karla Wagner, drove her 1999 Jeep off the road, striking the teens. One of the girls, who is 17, is from Crownsville. The other teenager, 19-year-old Melissa Truelove, was 7 weeks pregnant at the time of the Maryland traffic crash. Both pedestrians were knocked unconscious and later taken to a local hospital.
Following the Crownsville pedestrian accident, Truelove complained of bruising on her hip and back, pain in her left side, as well as vertigo. Her friend fractured her neck and both hips and also experienced bleeding in her kidney.
Pedestrian hit by car on Route 32 listed in critical condition, Explore Howard, May 29, 2009
Pedestrian Critically Hurt in Accident, WBAL.com, May 29, 2009
Three Charged In Accident That Killed Local Student, YourState, June 4, 2009
Pedestrian Injured In Late-Night Crash, MDCoastDispatch.com, June 5, 2009
Related Web Resources:
National Highway Traffic Safety Administration
Pedestrian Safety, Maryland State Highway Administration
]]> Please contact our Maryland personal injury law firm to request your free pedestrian accident case evaluation.]]>The Maryland Natural Resources Police Special Operation Division is investigating the boating accident. Meantime, Brian Jay Dalamater was charged with knowingly letting a person younger than 16 operate the boat and of failing to have a valid boat registration.
With summer fast approaching, this Maryland boating accident is a reminder of why it is so important for people to follow the proper safety precautions when riding a boat. In 2008:
• 9 people died in Maryland boating accidents.
• 222 people were arrested for operating a vessel while impaired.
Common causes of Maryland boating accidents:
• Boating under the influence
• Boater negligence
• Boater misconduct
• Operator inexperience
• Defective watercrafts
• Bad weather
Common kinds of Maryland boating accidents:
• Boating collisions
• Falls overboard
• Capsized boats
• Getting lost at sea
• Sinking boats
• Fires on boats
• Boat blasts
An all too common cause of boating accidents is ignorance—not being aware of boating laws and safety regulations and failing to understand that operator inexperience or carelessness can lead to catastrophic if not fatal consequences.
BOAT ACCIDENT: 13-year-old seriously injured in docking attempt, DelmarvaNOW.com, May 25, 2009
Our Say: Boating safety based on knowledge and basic rules, Hometown Annapolis, June 7, 2009
Related Web Resources:
US Coast Guard
Maryland Natural Resources Police
On Monday, a bankruptcy judge overruled the Ad Hoc Committee on Consumer-Victims of Chrysler LLC when he approved the sale of the company to Fiat. The group had asked for a retroactive insurance policy or a fund that would cover the costs of medical treatment and lawsuits. Last year alone, Chrysler paid more than $250,000 in medical settlements. Now, anyone that gets involved in a catastrophic or fatal car crash while riding in one of the approximately 10 million Chrysler cars will not be able to pursue products liability compensation if a motor vehicle was responsible for causing the defect. The vehicle occupants of about 30 million General Motor vehicles are facing the same dilemma.
About 500 to 1,000 serious injuries or fatalities involving defective car parts occur every year. The bankruptcies filed by the two car manufacturing giants prevents injured parties from holding them financially accountable for making cars that are defective enough to cause catastrophic injuries or death.
Examples of common kinds of car defects that can lead to catastrophic injuries:
• Defective tires
• Faulty engine
• Defective windows
• Faulty seat belt or safety restraint system
• Structural defects
• Seat back defect
• Design defects
Car accident victims fight for payouts, Washington Times, June 4, 2009
Families and Severely-Injured Victims of Defective GM and Chrysler Cars Travel to Washington to Seek Urgent Help, RedOrbit, June 3, 2009
Related Web Resources:
GM and Chrysler's bankruptcy cases at a glance, AP, June 4, 2009
His family’s Maryland cerebral palsy lawsuit accuses medical staff members at Frederick Memorial Hospital of medical malpractice related to Ryan’s birth in May 2000. Named as defendants in the civil complaint were the hospital, three nurses, and three doctors. However, the jury found only two doctors, Dr. Brian Raider and Dr. Edward Chen, negligent for Ryan’s birth injury.
According to the Maryland birthing malpractice lawsuit, Suzette Dineen, an Adamstown resident, was 36 weeks pregnant with Ryan when she was admitted to the Maryland hospital for vomiting, abdominal pain, and diarrhea. She claims that after she arrived at the hospital, staff members failed to properly monitor her baby’s fetal heartbeat.
The complaint contends that even though Rader, who was the emergency room doctor, and Chen, who is an obstetrician, were told about Suzette’s condition, both men never came to see her. It wasn’t until 3 hours after she arrived at the hospital that the medical team noticed that her baby’s heart rate was too low and they performed an emergency cesarean birth.
Ryan had no heart rate and wasn’t breathing when he was born. Doctors were able to revive him but he sustained permanent brain damage and lifelong disabilities and now suffers from cerebral palsy.
The Maryland jury awarded Ryan and his family $2,941,000 for medical costs—both past and future--$300,000 for pain and suffering, and $750,000 for lost wages.
Cerebral Palsy
The resources required to care for someone with cerebral palsy can be quite costly—especially if the person has had the condition since birth. Many people with cerebral palsy need full-time professional care and assistance to help them complete daily tasks. This is one reason why it is so important that you explore your legal options for recovery if your loved one has cerebral palsy because of birthing malpractice.
Frederick jury issues multimillion-dollar award in malpractice suit, Frederick News Post, June 3, 2009
Maryland Cerebral Palsy Lawsuit Results in $4M Award, About Lawsuits, June 3, 2009
Related Web Resources:
Cerebral Palsy, A Guide for Care
In the United States alone, over 700 contact lense wearers say they suffered from Fusarium keratitis while using the solution for cleaning, moistening, and storing their lenses. In a number of cases, including one in Maryland, the injure parties had to have an eye removed. Some 60 contact lense users had to undergo corneal transplants to save their vision. One man in Baltimore got hooked on painkillers after losing his eye and had to go through rehab. Both his marriage and his business fell apart.
Between June 2005 and September 2006, the US Centers for Disease Control and Prevention reported that there were at least 180 eye injury cases related to Fusarium keratitis in 35 states. Broadway actress Andrea Martin’s eye became scarred after she used the Bausch & Lomb solution and the fungal infection ended the career of one race car driver, who had to undergo a corneal transplant.
MoistureLoc was pulled from US store shelves in April 2006. The optical products company issued a global recall the following month. According to those affected with fusarium keratitis, their eyes first felt irritated until they started to experience severe pain and in many cases, their conditions were wrongly treated with steroids and antibiotics—resulting in delayed diagnosis and delay of the proper treatment. Researchers think that alexidine, a disinfectant, may have absorbed into the lenses at very fast rates and that moisturizing agents produced a biofilm that may have helped the fungus to grow.
Bausch & Lomb’s legal troubles aren’t over yet. It says it is challenging over 500 other injury lawsuits connecting MoistureLoc to other afflictions. Meantime, it is not the only contact lense solution maker to be sued for products liability. Over 170 people have sued Advanced Medical Optics because they say they sustained Acanthamoeba keratitis infections from using one of its contact lense solutions.
Symptoms of fungal keratitis can include:
• Eye discharge or tearing
• Light sensitivity
• Swollen eyelids
• Vision isn’t as sharp
• Puffy eyelids
Symptoms of acanthamoeba keratitis can include:
• Eye pain or redness or tearing
• Light sensitivity
• Blurred vision
• Feeling like there is something in one’s eye
Bausch & Lomb settles 600 eye fungus lawsuits, Baltimore Sun, May 31, 2009
Related Web Resources:
Bausch & Lomb
General Information about Fusarium Keratitis, CDC, May 10, 2006
In a Baltimore car accident that also occurred on Friday, police are looking for the driver of a van that fatally hit a man riding a dirt bike on Chatham Road. The van’s driver failed to stop at the crash site. Police are asking for any information that could lead to the capture of the driver involved in the deadly hit-and-run Maryland motor vehicle crash.
Also on Friday, Clinton resident Franklin Trowell sustained critical injuries in Howard County when a car hit him on eastbound Route 32 close to Interstate 95. Trowell had been standing on the shoulder of the road examining another accident when the catastrophic Maryland car crash occurred. The driver of the car, Leonard Supsic, 55, reportedly lost control of the 1998 Chevrolet Cavalier that struck Trowell.
Maryland Personal Injury
It can take some time to determine how much financial recovery you are entitled to receive after you’ve been injured in a Maryland motor vehicle accident. This is why it is important that you don’t rush to settle your car accident claim immediately. Your injuries may be more serious than you think, which means they could cost significantly more to recover from than what original estimates suggest. There also may be other parties that can be held liable for your Maryland personal injuries.
Clinton man in critical condition after being hit by car, Baltimore Sun, May 30, 2009
Police seek van driver who fatally hit man on dirt bike, Baltimore Sun, May 30, 2009
Three-vehicle accident sends car into bank, Baltimore Sun, May 30, 2009
Related Web Resources:
Car Accidents Overview, Justia
Personal Injury, Nolo
It wasn’t until he was taken to Franklin Square Hospital that doctors determined that there was sulfuric acid on the boy’s legs and he had sustained second- and third-degree burns. The hospital had to evacuate the emergency room and the toddler was taken to Johns Hopkins Burn Center. Since the tragic playground incident, Payton has had to undergo over six surgeries, including numerous skin grafts. He will also need medical care for life because of his injuries.
A hazmat team poured thousands of gallons of water onto the slide to remove the chemical from the playground. A Baltimore County Police Department spokesperson says the dangerous liquid had been poured onto all the different playground rides, including the monkey bars and the jungle gym.
The two teens, Matt Dybala and Kyle Meredith, had told police they poured the acid onto a plastic sliding board to see if it would melt, which it didn’t. Police, however, contend that the teenagers poured at least two bottles of the chemical onto the slide and used a brush to apply the acid onto other playground equipment. Criminal charges were filed against both Dybala and Meredith, who were both found delinquent in juvenile court.
Last year, Payton's parents filed a $6 million Maryland personal injury lawsuit against the teenagers’ family. While the terms of the injuries to minors and children settlement have not been disclosed, the lawyer for Payton's family says that his clients will receive the maximum payments allowed under the homeowners insurance policies of the plaintiffs’ parents.
The Baltimore County Board of Education is the remaining defendant of the personal injury lawsuit. A civil trial is scheduled for the fall. Payton's family says the board shouldn’t have kept the drain cleaner bottles in its maintenance shed, which had been broken into in the past.
Boy’s family settles with teens who poured acid on slide, The Daily Record, May 26, 2009
Police: Playground-Dousing Teens Intended To Cause Injury, WBALTV, April 23, 2007
Toddler hospitalized with burns from acid on playground slide, USA Today, April 15, 2007
Related Web Resources:
Sulfuric Acid Facts, DHSS.mo.gov