Maryland Accident Law Blog

A can of spray paint allegedly thrown into a campfire has led to burn injuries for a Maryland teen and reckless endangerment charges for two minors accused of throwing the can. The Maryland State Fire Marshal’s office reports that, on the night of Tuesday, October 25, two male minors tossed the can into a campfire in a wooded area of Bel Air. This caused the can to explode. A 13 year-old female standing near the fire allegedly suffered first-degree burns to both of her hands and first- and second-degree burns to her face.

The victim’s mother took the girl to the hospital for treatment and reported the incident to police on Wednesday. The girl should recover fully, according to news reports. Police charged the two boys with reckless endangerment, defined in Maryland law as “conduct that creates a substantial risk of death or serious physical injury to another.” This offense, a misdemeanor, normally carries a penalty of up to five years’ imprisonment and a fine of up to $5,000, but in this case the defendants are minors. The criminal statute uses the mental state of “recklessness,” meaning that the prosecution would have to prove that the boys acted without regard to a known risk, in this case the risk of an exploding paint can.

From the point of view of a personal injury attorney, the question becomes one of negligence or intent. While reports of the incident give no indication of any civil claim relating to the injuries, the case offers a good thought experiment on how a claim for damages can develop. In this case, the injured girl could make a claim for negligence or for an intentional tort such as battery, depending on the circumstances. “Battery” as a civil claim is an intentional action that results in contact with another person without that person’s consent. It could be direct person-to-person contact, as in a punch, or contact through another object, such as a paint can. A claim for battery would require proof that the boys intended to throw the paint can into the fire and intended for it to affect the girl, although they do not necessarily need to have intended her specific injuries. To claim negligence, she would need to prove that the boys breached a duty of care, such as to not create explosions, and that this breach caused her injury. In either case, the extent of her injuries would determine the amount of damages she could claim.

Continue reading "Maryland Teen Burned by Paint Can Thrown into Campfire" »

A man who was dragged 10 feet by a moving subway train today was taken to Maryland Shock Trauma Center for evaluation. The Baltimore train incident occurred at the Charles Center station in Baltimore at around midday.

According to Baltimore City fire department spokesperson Kevin Cartwright, the man’s arm got caught in the door of a moving train. He was eventually able to get unstuck and fell on the station platform.

Paramedics and rescue workers treated him at the scene. While the man showed “no obvious injuries,” he was placed in a neck brace and is still being monitored.

Maryland Train Accidents
Contrary to what people might think, train accident injuries don’t have to involve an actual rail car collision. Injuries can also occur at the station, which is why train operators and/or others in charge of supervising safety must make sure that when they are closing train doors that no one is caught in them or that no one has fallen onto the tracks or in between train cars. Otherwise, serious injuries can result.

For example, according to one 32-year-old man, he had to break his own arm to free himself after he got caught in a train’s doors last year. The train then dragged him along the platform and he had to jog along to keep up. As he was headed toward a wall, he said he had to do whatever he could “to get out.” The man ended up sustaining multiple fractures, a head injury, and an arm wound and has since filed a personal injury lawsuit. He claims that the conductor had waved him forward to board the train. Two years ago, a blind man was killed after he fell in between two Metro cars and was run over. His mother has filed a wrongful death lawsuit claiming that the train operator could have been more careful when leaving the station. She also contends barriers should have been put in place so that someone with the victim’s disabilities wouldn’t have mistaken the gap between the cars as an open train door.

Our Baltimore train accident lawyers are experienced in handling cases involving injuries related to train accidents, train operator negligence, and other incidents at train stations.

Man dragged by subway after arm gets caught in door, The Baltimore Sun, July 21, 2011

Expert witness in MTA suit testifies that blind man used his cane properly, Daily Breeze, June 27, 2011

Jonathan Lynn Sues MTA Claiming G Train Dragged Him At Classon Avenue, Huffington Post, May 31, 2011

More Blog Posts:
State's Board of Public Works Approves $1.5 Million Lutherville Train Accident Settlement in Maryland Wrongful Death of Two Teenagers, Maryland Accident Law Blog, January 27, 2010

Washington DC Wrongful Death Lawsuit Filed by Victims and Families in 2009 Two-Train Crash Still Unresolved, Washington DC Injury Lawyer Blog, June 22, 2011

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

4th of July festivities in downtown Baltimore turned violent yesterday when one man was fatally stabbed and a 4-year-old was shot during the event. Thousands attended the celebration—almost twice as many attendees as last year—that was manned by almost 600 state and city officers. On Monday, Mayor Stephanie Rawlings-Blake condemned the violence.

According to Police Commissioner Frederick H. Bealefeld III, 26-year-old Joseph Lorenzo Calo was stabbed in the neck with a broken bottle by someone that he’d gotten into a shoving match with outside McCormick & Schmick's Seafood Restaurant. Baltimore police are confident they can find the assailant.

Meantime, 4-year-old Kavin Benson was shot in the leg while walking with his father and the dad’s pregnant fiancé on Pratt Street. The boy, who was treated at Johns Hopkins Children's Center, had a small-caliber bullet lodged near his knee. Police are not sure how he was shot.

If you or someone you love was injured while at a public event and you believe that the Maryland accident could (or should) have been prevented, you may have grounds for a Baltimore injury case. Premise owners and those in charge of running an event must exercise the necessary precautions to make sure that visitors, participants, and others don’t get hurt. This includes making sure that there is adequate security, proper lighting, crowd control, proper supervision, and if the venue is one where there is traffic that vehicles are redirected so that no one ends up injured in a Maryland pedestrian accident.

Boy's Family Reacts To July Fourth Shooting, WBALTV, July 5, 2011

Baltimore fireworks violence: Shooting, stabbing in spite of heavy police presence, Baltimore Sun, July 5, 2011

Related Web Resources:
Baltimore Fourth of July Celebration 2011 Fireworks, Baltimore.biz

Premises Liability, Justia

More Blog Posts:
Transgender Woman Attacked at McDonald’s in Baltimore Says She Was Victim of “Hate Crime”, Maryland Accident Law Blog, April 27, 2011

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

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

Continue reading "4-Year-Old Shot and 1 Man Fatally Stabbed During 4th of July Baltimore Fireworks Festivities " »

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

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

A Maryland jury has awarded $3.1 million to Carlisa Kent, who was injured in a 2008 Calvert County car accident involving an off-duty Prince George’s County undercover narcotics cop. Kent, 45, claimed she was injured when the county-leased car driven by Robert Edward Lee crossed the centerline, after accidentally rear-ending another vehicle, and then hit her auto.

Kent sustained a number of injuries, including fractures to her left hip, right foot, and pelvic areas. She was hospitalized for three months and spent another two months using a wheelchair. Per her Prince George’s County, Maryland personal injury lawsuit, Kent will never completely recover. Lee also sustained serious injuries.

The jury awarded Kent $3,091,291.67. However, the state’s damage caps reduce the amount to just over $2 million. Police spokesman Cpl. Evan Baxter says that Lee was violating police rules when he drove the car while outside Prince George’s County.

Maryland Car Accident
Often, the parties involved in a Maryland car accident may have conflicting accounts of what happened. An experienced Prince George’s County injury lawyer will know how to build a strong case on your behalf. Vehicle damage, witness testimonies, evidence from the scene, and photographs of your injuries are just some of the key pieces your lawyer might need to build your case.

Your Prince George’s County traffic crash law firm will know whether or not it is in your best interests to settle or take the case to court. It is a good idea to let your lawyer deal with the other party because they will know how to protect your rights while making sure that you don’t agree to compensation below what you are entitled to and deserve.

P.G. police officer hit with $3 million verdict for crash in county-leased car, Washington Examiner, February 6, 2011

Related Web Resources:
Traffic Accidents FAQ, Nolo

Insurance Institute for Highway Safety

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Our Baltimore personal injury lawyers represent many people that have been hurt in Maryland car crashes because a driver was drunk. It is unfortunate that despite laws that make it illegal for people to drive while intoxicated, and all the efforts to educate people about the dangers of drunk driving, people continue to die in drunk driving accidents.

This isn’t to say that the number of US drunk driving crashes hasn’t gone down. While almost 12,000 people died in auto accidents involving a drunk driver in 2008, 10,839 people were killed in drunk driving crashes in 2009. Our Rockville, injury lawyers hope that this figure continues to go down.

Last week, the transportation safety officials and advocates against drunk driving took a look at technology under development that would stop drunk drivers from driving. The Driver Alcohol Detection System for Safety (DADSS) technology (DADSS), would prevent drunk drivers from being able to operate their vehicles if they had a blood alcohol concentration of .08 or greater. DADDS could be voluntarily installed in new vehicles. One DADSS system uses a breath-based approach, the other system is touch-based.

The National Highway Traffic Safety Administration says predictable effects on driving include:

W/ a BAC of .08%: Short term memory loss, problems processing information and visual data, impaired perception challenges, and issues with speed control.

W/ a BAC of .10%: Difficulty braking or maintaining lane position.

W/ a BAC of .15%: Significant impaired driving

Our Owing Mills, Maryland personal injury law firm knows how to prove negligence in cases involving drunken drivers. We know that no amount of money can make up for your catastrophic injuries or a loved one’s death, but we can help you hold the responsible party liable, which can help cover expenses incurred because of the injury or wrongful death.

U.S. Transportation Secretary LaHood Views Demonstration of New In-Vehicle Technology Targeted Toward Habitual Drunk Drivers, NHTSA, January 28, 2011

Driver Alcohol Detection System for Safety (PDF)

Related Web Resources:
Mothers Against Drunk Driving

Maryland Motor Vehicle Administration

Maryland Car Accident Attorney Blog

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

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.

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

On November 2, 2010, voters across Maryland will be asked to answer an important question regarding Maryland’s Constitution. We encourage the residents of Maryland to VOTE FOR QUESTION 2, IN FAVOR of the Constitutional Amendment question limiting a Trial by Jury to civil cases where the amount in controversy exceeds $15,000.00.

Here’s why:

In the State of Maryland, someone injured in an automobile, motorcycle, truck accident, or any incident where injuries and damages are caused by the negligence or wrong choices of another person or corporation, has the right to file a lawsuit.

Currently, in Maryland state courts, a lawsuit brought by a plaintiff (the injured person) seeking damages in the amount of $10,000.00 or less is guaranteed to stay in the District Court of Maryland. In the District Court, the case will be heard by a Judge, and the advantages include the scheduling of the trial fairly quickly (usually two to four months after filing the lawsuit), and litigation expenses that are kept low because expert witnesses are not required, and filing fees are $38.00.

Currently, a lawsuit filed by a plaintiff seeking damages in the amount of $10,000.01 to $30,000.00 can be filed in the District Court of Maryland, BUT the Defendant’s lawyer may “bump” the case up to the Circuit Court by requesting a jury trial. In many cases, the choice to bump the case up is a Defendant lawyer’s litigation strategy designed only to make it more costly and more time consuming for an injured person to have her day in Court. Cases litigated in the Circuit Court are considerably more costly to the plaintiff because an expert is often required, depositions are taken which require the use of court reporters, and filing fees are between $115.00 and $145.00. In addition, cases in the Circuit Court take approximately twelve to eighteen months to get to trial.

By raising the right to a jury trial to cases where the amount in controversy exceeds $15,000.00, the law would allow injured people who have cases worth $10,000.00 to $15,000.00 to have their cases heard fairly and impartially by a judge in the District Court of Maryland without having to travel through the lengthy and costly Circuit Court of Maryland proceeding.

In addition, if the Constitutional Amendment passes, the Circuit Court civil dockets would be less crowded as more cases would be appropriately handled in the District Court. Finally, the cost of administering the court system borne by the Maryland taxpayer will be reduced because more cases will be tried in the District Court without jurors (who are paid for their service) and with fewer court personnel.

For those people interested in the exact working of Question 2, it will be:

Continue reading "On Tuesday, November 2, 2010, Vote For Ballot Question 2" »

Joseph Wheeler is suing Prince George's Hospital Center for Maryland personal injury. He is seeking over $12 million—$9.5 million in punitive damages and $3.2 million in compensatory damages. He is also seeking damages from Broadway Security and hospital guards Donovan Scott and William Reese.

The 46-year-old Inigoes, Maryland man had been admitted to the Upper Marlboro hospital for treatment of shoulder and torso injuries he sustained following a July 23 car accident. Wheeler contends that when he woke up the following day he was told by a nurse that he couldn’t eat because he had to undergo surgery.

The hospital ID bracelet he was wearing explained that he was about to have a “potentially cancerous mass” taken out of his chest. However, the bracelet had what appeared to a female name on it belonging to a person who was born 13 years before Wheeler's birth year.

Wheeler and his wife tried to leave but security arrived to detain him. He claims that they pushed him into a wall and metal railing and cussed at him.

The two guards are also accused of putting on black padded gloves before they approached Wheeler. While the security lieutenant acknowledged there had been an ID mix-up, he reportedly told the guards to prevent Wheeler from leaving unless the bracelet was returned. Following the incident, Wheeler was admitted to St. Mary's Hospital for three days where he was treated for a concussion, a sprained shoulder, and a ruptured spleen.

Wheeler and his wife are claiming damages for false imprisonment, emotional distress, and assault and battery.

Maryland Personal Injury
With discovery rule, you have three years to file a Prince George's County personal injury lawsuit. Your best chance of obtaining the maximum recovery possible is to get experienced legal representation.

Man alleges false imprisonment, sues hospital for $12M, WTOP, August 30, 2010

Accident Victim Says He Was Assaulted by Hospital Guards, MyFoxTampaBay, August 26, 2010

Nightmarish Hospital Visit Capped by Beating, Accident Victim Says, Courthouse News, August 25, 2010

Related Web Resource:
Prince George's Hospital Center, DimensionsHealth

More than 20 Ruth’s Chris workers who say they suffered serious injuries because they were exposed to carbon monoxide at the Pier Five Hotel in 2008 have been awarded a $34 million Baltimore personal injury verdict. The steak restaurant, which is not considered at fault, is located at the downtown hotel. The workers contend that the exposure left them with permanent brain damage that have resulted in attention problems, memory problems, and personality changes.

Firefighters had to evacuate the restaurant after workers and customers fell ill. During the civil trial, the rescuers affirmed that the levels of carbon monoxide on the premises could have proved fatal. According to the plaintiffs’ Baltimore injury lawyers, fumes entered through cracks in the hotel’s walls over a four- to five-month period. The safety device for detecting carbon monoxide was shut off on several occasions. On February 2, 2008, that a pipe cap came off, resulting in the carbon monoxide leak.

Carbon Monoxide Poisoning
Carbon monoxide exposure can prove deadly for victims. Because CO has no taste, smell, or color, it can be hard to know when one has been exposed. This is one reason there are detection devices designed to give warning when exposure has occurred.

Some 5,000 people are killed and over 10,000 others are injured in the US because of carbon monoxide poisoning. Depending on the specifics of a case, property owners, the manufacturers of products that emitted the CO, or maintenance companies that failed to do their job properly so as to allow for the leak are just some of the parties that can be held liable for Maryland personal injury in the event that carbon poisoning harmed the victim.

Jury awards $34M to restaurant workers at harbor Ruth's Chris, Baltimore Sun, July 29, 2010

Workers at an Inner Harbor steakhouse win a $34 million dollar lawsuit over CO poisoning, ABC2, July 28, 2010

Related Web Resources:
Carbon Monoxide, eMedicineHealth

Premises Liability, Justia

Robin Vanderlip says she suffers from Foreign Accent Syndrome because she was injured in a Maryland fall accident three years ago. The 42-year-old says that because a handrail at the conference center in Chevy Chase was faulty, she fell backwards down a staircase and hit her head.

Vanderlip, who is American, claims that because of her head injury, she had a stroke and now can only speak with a Russian accent. She also suffers from fatigue and memory problems.

The single mother of two is seeking over $1 million in Maryland personal injury compensation from the National 4-H Council. Meantime, she continues to undergo treatment at the University of Maryland and the National Institutes of Health. Vanderlip says that her daughter is embarrassed by her foreign accent.

Foreign Accent Syndrome
This rare brain disorder causes people to speak with an accent that sounds different from their native tongue and can be triggered by a brain trauma. According to ABC News, one woman, CindyLou Romberg, was diagnosed with FAS 15 years after she fell out of a moving truck and sustained a depressed skull. She recovered from her serious brain injury and could speak normally until in 2006 when she went to see a chiropractor and lost her voice for two days.

When Romberg's voice returned, her American accent had disappeared and she could only speak English with a foreign accent. According to neuroscientist Julius Fridriksson, Romberg may have experienced decreased blood supply to the brain during manipulation, which could have resulted in FAS.

The first case of FAS was reported during World War II and involved a Norwegian woman who woke up from a coma with a German accent after she got hit in the head by shrapnel. Her countrymen alienated her because of her accent.

Woman says fall changed her accent, The Washington Post, May 24, 2010

US woman with Russian accent suffers from 'Foreign Accent Syndrome', UK Telegraph, May 30, 2010

Foreign Accent Syndrome Gives Sufferers an International Sound, ABC/Good Morning America, November 13, 2008

Related Web Resource:
Foreign Accent Syndrome

National 4-H Council

The grandmother of a Leith Walk Elementary boy is suing the Baltimore public school system, the city school board, the city government, and the Northeast Baltimore school for Maryland injuries to a minor. The child, age 9, tried to commit suicide last September after his teacher refused to pay attention to his complaints that he was being bullied.

The 9-year-old, who attends a special education class and has attention-deficit hyperactivity disorder, reportedly had been bullied since he started studying at the school. The Baltimore personal injury complaint accuses the boy’s teacher of gross negligence, claiming that before rushing to save the boy, who was hanging from the classroom door coat hanger with the chair kicked from underneath him, she first stopped to take photos of him with the camera on her phone.

Bullying
The issue of bullying in schools has always been a problem, but the repercussions can no longer be ignored. On January 14, 2010 Phoebe Prince, an Irish teenager who moved to the US, was found after she hung herself from the stairwell at her home. She reportedly could no longer take the bullying she’d been experiencing at school. Six teens have been criminally charged with having allegedly committed crimes that led to her suicide.

Also in Baltimore last month, a third grader at Gilmor Elementary School threatened to jump out the window and kill herself to get away from bullies. Her mother, Geneva Biggus, says that the school wasn’t very responsive to her complaints that the girl had been the victim of bullying for months.

Bullying can cause serious physical and emotional injuries. We can no longer consider bullying a childish game and schools must take steps to prevent students from becoming victims of any type of violence. It is important that you speak with a Baltimore injury lawyer to explore your legal options.

School Bullying, Attempted Hanging Leads To Lawsuit, WBAL, March 1, 2010

City school system sued over boy’s attempted hanging, Baltimore Sun, April 30, 2010

Girl's suicide increases urgency to prevent teen bullying, The Seattle Times, March 30, 2010

Related Web Resources:
Stop Bullying Now

Bullying, National Crime Prevention Council

Candace Williams is suing Baltimore Ravens linebacker Terrell Suggs for Maryland personal injury. Candace Williams, 26, is seeking $70 million: $50 million in punitive damages and $20 million in compensatory damages.

Williams claims that Suggs physically abused her twice last month. She contends that on November 3, the football player broke her nose when he hit her face. Williams alleges that on November 29, Suggs poured chemical bleach on her body and threatened to drown her in the strong liquid.

She filed a restraining order against him last week. On Friday, a judge granted an order preventing Suggs from contacting Williams.

She is also suing for custody of the two small children she claims she shares with the football player.

No criminal charges have been filed against Suggs over Williams’ allegations. Police say they don’t have a record of emergency phone calls made from the home that Williams and Suggs share.

Maryland Personal Injury
If you have been a victim of physical assault, you may have grounds for filing a Maryland injury lawsuit against your assailant. A civil complaint is separate from a criminal case and allows an injury victim to obtain financial recovery for any harm suffered. Personal injury compensation can include damages for medical costs, recovery, pain and suffering, lost wages, and other damages.

There are domestic violence victims and victims of other violent crimes inflicted by stranger assailants that have sued their attackers and won. Examples of personal injuries stemming from assault crimes can include bruises, broken bones, gunshot wounds, traumatic brain injuries, emotional trauma, mental anguish, and wrongful death. There also may be other parties that can be held liable.

A Maryland personal injury plaintiff has three years to file a lawsuit seeking damages.

70 million suit filed against Suggs, Baltimore Sun, December 11, 2009

Protective order granted against Ravens linebacker, SI.com, December 11, 2009

Related Web Resource:
Terrell Suggs, NFL

More than 15 years after Dontae and Searra Wallace’s mother moved them into a City Homes rental in an effort to protect them from additional lead exposure, a Maryland jury has awarded the siblings over $2.5 million for their Baltimore personal injuries caused by lead poisoning.

Searra, 17, and Dontae, 20, sustained permanent behavioral and cognitive disabilities. They are unlikely to graduate from high school or get a GED, and their IQ’s are below average. Dontae dropped out of school four years ago and Searra failed two grades.

Their mother, Tiffini, says that the family moved out of a rental that used lead paint into a City Homes Inc. home. She says the nonprofit group told her the Baltimore City row house was safe.

Witnesses for the plaintiffs, however, say that while the lead paint was contained to a certain degree, the kids were still exposed to lead. There were paint flakes and chips in several areas of the residence. One wall got wet during storms, and rats that chewed on walls left behind lead dust.

The defendants of the Maryland lead paint lawsuit, City Homes and its president Barry Mankowitz, have said that the home the Wallaces were living in were inspected before and after the family lived there. They claimed that the Wallace siblings have disabilities because they were exposed to dangerous levels of lead before they moved into the City Homes residence.

Tiffini moved the family into the home on Booth Street after joining a Kennedy Krieger Institute Inc. study. The study has been criticized for persuading parents to live in residences where lead was contained in varying levels so that researchers could find out whether there were less costly means to protect kids from lead poisoning.

We now know that even the smallest exposure to lead can cause children to suffer from lead poisoning, which can be detrimental to their cognitive and behavioral development. Lead paint in a home is a Maryland premises liability.

The jury found City Homes and its president Barry Mankowitz guilty of negligent misrepresentation and negligence. They awarded Searra $1.3 million and Dontae $1.2 million.

$2.5 million awarded in lead-paint lawsuit, Baltimore Sun, November 4, 2009

Baltimore City Lead Paint Lawsuit Results in $2.5M Verdict, About Lawsuits, November 5, 2009

Related Web Resources:
Environmental Protection Agency

What You Should Know About Lead Based Paint in Your Home: Safety Alert, Consumer Product Safety Commission

Maryland’s highest court is going to review the constitutionality of the state’s personal injury noneconomic damages cap. This court hasn’t done this since 1995. Currently, the cap for a plaintiff’s pain and suffering is $725,000.

The Maryland wrongful death case that brings the noneconomic damages cap issue to the state’s highest court is the one involving the parents of 5-year-old Connor Freed. The young boy drowned in 2006 in a country club swimming pool in Anne Arundel County in 2006.

A jury awarded his parents, Debra Neagle Webber and Thomas Freed, over $2 million for his drowning death. Because of the Maryland personal injury cap, which was $665,000 when their son died, their wrongful death award would go down to $1.3 million.

The judge presiding over the Anne Arundel County wrongful death case wouldn’t let the jury consider whether the boy experienced “conscious pain and suffering” before his death. The Court of Special Appeals, however, reversed the decision.

While the Court of Appeals hasn’t reviewed the noneconomic damages gap for some time now, the court recently rejected a claim that the cap does not apply to cases filed under Maryland’s Consumer Protection Act. In November, it will look at the cap for medical malpractice compensation in the wake of a Montgomery County judge’s decision that it only applies to cases filed through the arbitration process.

The latter case involves the $5.8 million Montgomery County medical malpractice verdict awarded over Richard H. Semsker’s wrongful death. If Semsker’s melanoma had been treated when it was just a small mole on his back, the cancer might not have gone to his brain. Instead, doctors failed to treat the growth for years.

If the Court of Appeals were to reject the argument that Maryland’s medical malpractice cap only applies to cases that went through voluntary arbitration, then the Montgomery County wrongful death verdict awarded to Semsker's family would go down by more than $2 million.

Court of Appeals takes cap battle, The Daily Record, October 5, 2009

Medical jeopardy, Baltimore Sun, October 18, 2009

Related Web Resources:
Judge: Malpractice Caps Don't Apply to Jury Trials, Renalandurologynews.com, July 20, 2009

Medical Malpractice, Justia

The National Highway Traffic Safety Administration reports even though more car accidents happened in urban areas, 56% of the 37,261 traffic deaths that occurred in 2008 took place on rural roads. There were 20,905 rural traffic deaths last year.

One reason for the number of deaths that occur in rural areas is that people tend to drive faster on roads that are not as designed and engineered as well as they are in urban areas. Two of the other reasons that rural auto accident deaths happen is people failing to use seat belts or driving drunk. It can also take longer for medical help to arrive at a rural car accident site. 222 of the 591 Maryland traffic fatalities in 2008 occurred in rural areas.

Findings from another traffic accident study, recently discussed in ScienceDaily.com, affirmed the NHTSA’s findings that driving in rural areas is not safer than driving in urban areas. The study, conducted by researchers abroad, reports that:

• Fatality crash risk in surrounding districts is 40% more than for city dwellers.
• Country inhabitants have a crash risk that is up to three times higher.
• The chance of sustaining serious injuries during a rural car crash is 70-100% greater than in cities.

Many people may harbor the misconception that driving in a metropolitan area is more dangerous. This may cause them to drive more cautiously than they would when driving on a rural road where there is less traffic. Obviously, this is not the case.

A driver whose negligence causes a catastrophic Maryland car crash can be held liable for personal injury or wrongful death—not to mention that he or she could end up serving time in jail while having to cope with the guilt of knowing that his or her careless or reckless acts contributed to someone getting seriously hurt or dying.

Our Maryland injury lawyers represent traffic crash victims who were injured in motorcycle accidents, truck crashes, bus collisions, pedestrian accidents, and bicycle collisions in both rural and metropolitan areas throughout the state. Contact Lebowitz & Mzhen today.

More Motorists Die on Rural Roads, USA Today, October 7, 2009

Cities Less Dangerous Than Rural Regions, Traffic Accident Study Shows, Science Daily, September 8, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Maryland State Highway Administration

Yesterday, the parents of James Becker filed a $40 million Maryland personal injury lawsuit against the Woodcroft Swim Club and D.R.D. Pool Management Inc. They are accusing the defendants of failing to recognize and respond in timely manner to their son’s near drowning accident on July 29, 2006 and of neglecting to properly resuscitate him.

According to plaintiffs Mary Becker and William J. Becker III, James, then 15, was deprived of adequate oxygen to his brain for approximately 10 minutes. Paramedics arrived at the scene 13 minutes after the teenager was discovered without a pulse. By the time that they could feel James’s pulse, he had already sustained a traumatic brain injury.

The Becker family is seeking $36 million for James, who will require special care for the rest of his life, $3 million for expenses his parents have incurred as a result of his traumatic brain injury, and $1 million for Mary Becker, who experienced the trauma of seeing her son almost drown in the pool.

James, now 18, attends a special school for children who are developmentally disabled or have special needs. He is severely disabled, unable to speak, and must use a wheelchair. He should have been attending college this year.

The attorney representing the defendants says that James sustained a traumatic brain injury not because he almost drowned but because he had a heart attack while in the pool. The defendants deny any negligence on their part.

Near-Drowning Accidents
Near drowning accidents can lead to permanent traumatic brain injuries. This type of injury occurs when the brain is deprived of oxygen for an extended amount of time. Sometimes, it can take several years to know the full effects of a brain injury sustained during a near drowning accident.

Caring for someone with a traumatic brain injury can be very costly. It can also be devastating for the victim, who may no longer be able to live a normal life.

Youth's parents sue swim club for brain damage, The Baltimore Sun, July 24, 2009

Family Of Injured Teen Sues Swim Club For $40M, WBALTV.com, July 23, 2009

Related Web Resources:
Water-Related Injuries: Fact Sheet, CDC

Injury Facts Drowning, Safe Kids USA