Maryland Accident Law Blog

A tragic malfunction in an elevator in Midtown Manhattan has left one woman dead and a city in shock. On the morning of December 14, 2011, 41 year-old Suzanne Hart was entering the elevator on the way to her job at an advertising firm at 285 Madison Avenue. While she had one foot in the elevator, it suddenly lurched upward, dragging her with it. The elevator stopped between the first and second floors, with her trapped between the elevator and the wall. Two other passengers in the elevator were unhurt but trapped there for an hour. Rescuers pronounced Hart dead at the scene, but could not remove her body for several more hours.

No definitive explanation for what happened has appeared yet. Some sort of electrical malfunction may be the most likely culprit, but the incident has had a profound impact on a city dependent on elevators. According to the New York Times, New York City has over 60,000 elevators. There were fifty-three accidents involving elevators last year, but only three were fatal. Hart’s death turned a mundane, everyday activity into something terrifying. Other daily activities, such as driving a car, have known risks and well-publicized dangers, but an elevator ride seems to hold a particular resonance for many people.

The city’s Department of Buildings is conducting an investigation of the incident. The building has remained closed since the day of the accident, but is expected to reopen in January 2012. A spokesperson for the Department said that the accident had raised “structural concerns” for the entire building, an indicator of the force of the elevator’s movement. Transel Elevator, Inc., which services elevators all over the city and acknowledges doing electrical maintenance work on that particular elevator several hours before the accident, is a focus of the investigation. The biggest mystery for investigators, according to CBS News, is why all of the elevator’s safeguards seem to have failed at once. Elevators have safety mechanisms that should prevent them from moving while the doors are open. These mechanisms have several backups, but none of them worked that morning.

Continue reading "Woman Dies in Elevator Malfunction in New York Office Building" »

After a summer music festival in West Virginia turned tragic, a South Carolina man filed a lawsuit in federal court against the festival’s organizer, Maryland-based Walther Productions, and others. The man’s daughter, 20 year-old Nicole Miller, was killed while sleeping in a tent at the festival when a pickup truck rolled down a steep hill and crashed into her tent. Two friends with her suffered serious injuries. The two survivors, Yon Ten and Elizabeth Doran, each filed very similar lawsuits.

The lawsuit filed by Miller’s father names twelve defendants, including Walther, Virginia-based security provider Event Staffing, Inc., the owners of the festival venue, and the driver of the pickup truck. The suits claim that the defendants were negligent in failing to take “reasonable care” to prevent the accident that caused Miller’s death and Ten’s and Doran’s injuries. Miller’s suit also requests punitive damages.

The accident happened at the All Good Music Festival in Masontown, West Virginia on July 17, 2011. The driver of the pickup truck had parked at the top of a hill and allegedly lost control of the vehicle, causing it to roll down the hill and into a campsite. Conditions at the festival were allegedly muddy, and the plaintiffs contend that festival organizers and vendors knew or should have known of the danger of parking vehicles uphill from concert attendees because of the lack of traction in the mud.

Walther filed a response last week denying liability, as well as a cross-claim against several co-defendants. Walther asks to be dismissed from the lawsuit and argues that Event Staffing should be held liable for the accident, as it had direct responsibility for controlling dangerous situations, including parking. Event Staffing also asks for dismissal, and argues that Walther should contribute to any damage awards the court may impose on it. Other defendants have not yet answered the suit.

Continue reading "Lawsuits Seek to Hold Maryland Company Liable for Death at West Virginia Festival" »

The parents of a 12 year-old boy who died in September 2010 from acute cardiac arrest have filed suit against the school district where the child was enrolled, the child’s P.E. teacher, and two doctors who treated him. The lawsuit alleges negligence against the school district and teacher for failing to exercise reasonable care in the child’s physical education, and it alleges that the doctors were negligent in their prescribed restrictions on the child’s physical activities.

The child suffered from hypertrophic cardiomyopathy, a condition that causes thickening of the heart muscle, according to court documents. This makes it more difficult for the heart to pump blood efficiently. The congenital condition can result in sudden cardiac arrest and death, and is a leading cause of heart-related death among young athletes. The lawsuit alleges that, while temperatures in Los Angeles were at a record high of 107 degrees in September 2010, the school and P.E. teacher required the child to participate in physical education classes. The school and teacher allegedly knew about the child’s heart condition. The child allegedly suffered cardiac arrest on the morning of September 28, 2010 during his physical education, while under the teacher’s supervision. He died shortly afterwards.

The primary claim of the lawsuit is negligence. To prevail on a claim of negligence, a plaintiff must prove four elements: (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach caused injury to the plaintiff, and (4) plaintiff has suffered damages as a direct result. The plaintiffs have also claimed negligence by medical professionals, which is a higher standard of negligence. Ordinarily, a negligence claim requires proof of a duty of care for a reasonable person. Medical malpractice imposes a higher standard of care on doctors and other medical professionals because of their specialized training. Since the school district and teacher named in the lawsuit care for children in the course of their daily professional duties, a court might apply a higher standard of care to them than it might to a person not accustomed to dealing with children. The lawsuit specifically alleges failure to follow the requirements of Section 504 of the Rehabilitation Act of 1973, which addresses protection of children with disabilities.

Continue reading "Family Files Wrongful Death Lawsuit Against California School Over Death of 12 Year-Old" »

A lawsuit against the state of Maryland and various state departments, state officials, and state employees may proceed to trial according to a ruling by Baltimore City Circuit Judge Sylvester B. Cox. The trial is scheduled to begin October 11, 2011. At issue is whether state officials and employees were negligent in failing to prevent the murder of one inmate by another on a prison bus.

In the early morning of February 2, 2005, a prison bus was transferring 36 inmates from a prison in Hagerstown to a facility in Baltimore. Five corrections officers were also passengers on the bus. As the bus traveled on Interstate 70, inmate Kevin Johns attacked and murdered fellow inmate Phillip E. Parker, Jr. by slashing his neck with a razor blade and strangling him. Parker died about ten minutes after the bus reached its destination.

Johns was convicted of Parker’s murder but was held not criminally liable because of mental illness. Johns already had two prior murder convictions. He committed suicide in prison in 2009.

This Maryland Accident Law Blog reported in May 2006 on the wrongful death lawsuit filed by Parker’s parents, Melissa Rodriguez and Philip E. Parker Sr., against the state, the Department of Public Safety and Correctional Services, the corrections officers on the bus and the bus driver, and other related state agencies. The lawsuit alleges that corrections officers did nothing to intervene in or prevent the attack, even though two officers were seating a few feet behind the two inmates. The officers were allegedly watching videotapes or listening to music and eating when the attack occurred. The plaintiffs’ attorney claims to have evidence that Parker lay dying for 10 minutes with no one trying CPR, as well as evidence that the officers had insufficient training for such situations. The suit seeks $21 million in damages, as well as punitive damages.

The Maryland attorney general’s office asked the court to dismiss plaintiffs’ claims, arguing that the officers had no knowledge of a specific threat against Parker, and that they therefore cannot be held liable for what occurred. Judge Cox disagreed, holding that "it can be reasonably inferred in this case that the officers were, at a minimum, negligent.” Judge Cox’s order denying the state’s motion to dismiss means that the lawsuit may now proceed to trial. The plaintiffs will have to prove by a preponderance of the evidence that the defendants are legally liable for Parker’s death.

Continue reading "$21 Million Wrongful Death Suit for Murder of Inmate on Prison Bus Is Going to Trial" »

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

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

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

The parents of Christopher Jones have settled their Maryland wrongful death case with five of the six teenagers accused of involvement in his fatal assault. Jones, 14, died in May 2009 when he was beaten while riding his bike in Crofton. Two teens pleaded guilty to manslaughter over the deadly beating while several others who allegedly involved were not criminally charged because they did not actually hit Jones.

Although the terms of the Anne Arundel County wrongful death settlement are confidential, what is known is that one of the teen defendants in the civil case, Eric Ali, was asked to hand over his new sneakers as part of the agreement. Ali was among those who were never criminally charged in the case. However, according to the Baltimore Sun, Jones’ mother Jennifer Adkins says that she wanted Ali to say that she’d taken the shoes from his feet.

One of the teens who did plead guilty, Javel George, was not a defendant in the civil lawsuit. The Jones family’s attorney said it was unlikely they would have been able to ever get anything from George, who has no assets.

Jones was discovered on the roadway following the assault. He was later pronounced dead at a local hospital. Autopsy results showed that the teenager died of neck and head injuries. The tragic incident was believed to have been gang-related.

Maryland Wrongful Death
A Maryland wrongful death complaint can allow you to obtain civil damages from the person or entity responsible for your loved one’s fatal accident. This case is separate from any criminal proceedings. This means that even if your loved one isn’t charged in criminal court you may be able to sue them for wrongful death or personal injury.

Shoes are unusual part of settlement in Crofton teen's death, Baltimore Sun, April 28, 2011

Vigil Held for Murdered Crofton Teen, MyFoxDC, June 2, 2009

Related Web Resources:
Wrongful Death, Nolo

Summary of State Wrongful Death and Intestacy Statutes (PDF)

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

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

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

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

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

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

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

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

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

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

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

Related Web Resource:
Montgomery County Police Department

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

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

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

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

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

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

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

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

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

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

Center for National Truck and Bus Statistics

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

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

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

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

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

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

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

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

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

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

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

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

More Blog Posts:
Car Accidents Caused by Negligence, Nolo

Pedestrian Safety, Maryland.gov

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

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

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

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

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

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

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

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

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

Related Web Resources:
Federal Aviation Administration

National Transportation Safety Board

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

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

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

The mother of George Harrison Cooper III is suing Prince George’s County officials and the owners and operators of the CFE Event Center for his Maryland wrongful death. The 25-year-old Washington DC man was murdered last August during a stabbing incident at the Forestville club. Now, Tracy Cooper is seeking $10 million on behalf of her son’s estate.

The stabbing took place on August 22, 2010 at around 3:30 in the morning. No arrests have been made.

In her Prince George’s County wrongful death complaint alleging Maryland premises liability, Cooper accuses CFE owners Bernida Williams and Kevin Darby of running the club as if it were a dance hall, even though its permit prohibits this. She also contends that the defendants provided inadequate security even though there had been other violent incidents outside and inside the club.

CFE was one of several clubs that were temporarily shut down in 2007 following an increase in club-related crimes, including homicides. It reopened after promising to provide better security. Since then, however, there has been about one homicide at CFE a year. The club has also been temporarily shut down twice for health and fire code violations. Cooper claims the county failed to properly supervise the club’s security efforts after it reopened in 2007 and did not take action after CFE violated its permit.

Property owners of clubs, bars, restaurants, and other venues must make sure there is adequate security on the grounds so that violent crimes don’t happen. Depending on the specifics of the incident, a person injured in a crime that occurred on someone else’s premise may have grounds for a Maryland personal injury case against both the assailant and the property owner.

Mother sues Prince George's County, Forestville club after son killed inside, Gazette.net, February 22, 2011

Mother of slain man works to close Prince George's club CFE, The Washington Post, September 16, 2010

More Blog Posts:
Family of Murdered Baltimore Woman Files $14 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, December 11, 2007

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

DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 27, 2010

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

The family of Tyrone Brown is suing Baltimore Police officer Gahiji Tshamba for his Maryland wrongful death. They are seeking $270 million. Tshamba shot Brown dead last summer outside a Mt. Vernon night club. The Baltimore cop is charged with first-degree murder.

Per charging documents, Tshamba shot the East Baltimore man 12 times on June 5, 2010—not just 6 or 9 times, as was reported. Witnesses say that Brown grabbed Tshamba’s female companion in an inappropriate fashion and that was when the officer challenged him with his gun. The Baltimore wrongful death complaint contends that Brown’s hands were already in the air before the off-duty cop shot him.

Also named as defendants are the state of Maryland, Baltimore’s city council, its mayor, and Police Commissioner Frederick Bealefeld. The plaintiffs say that Tshamba violated department protocol because he was carrying his gun while intoxicated. They contend that Tshamba shouldn’t have been a member of the police force.

Last summer, The Sun reported that Tshamba shot another man in the foot in 2005. He was also off-duty at the time and driving while intoxicated. He shot someone in the back in 1998 after mistakenly thinking that the other person had fired first. Brown’s family is questioning why, despite indicators that Tshamba had a propensity for using excessive violence, he has been allowed to stay on the police force. They are also questioning the way the police department handled their investigation of Brown’s fatal shooting, including not requiring that he take an alcohol test immediately after and waiting a month after the tragic shooting to get a statement from him.

Baltimore Police Misconduct
The Daily Record reports that a summary by a city council woman noted that from mid-2007 to mid-2010, the city of Baltimore paid $7.25 million to settle police misconduct claims. Unfortunately, police misconduct can happen and may include civil rights violations, such as police brutality, sexual assault, threats, verbal abuse, and unjustified/excessive use of physical violence.

Family of Marine shot by city officer sues for $270 million, The Baltimore Sun, January 18, 2011

Baltimore City Police Officer charged with murder denied bail during bail review, ABC2News, June 13, 2010

Related Web Resource:
Baltimore Police Department

Police brutality, Maryland Accident Law Blog

A jury has awarded $2.4 million to the family of Daniel Edwards for his Maryland wrongful death. Edwards died from mesothelioma in 2008.

His families said that he developed mesothelioma lung cancer from moving bags of asbestos for six years during the 60’s and 70’s while employed with National Gypsum. They contend that Union Carbide supplied and mined the asbestos and did not warn workers about the risks associated with exposure to asbestos even though they allegedly knew about the link between mesothelioma and asbestos two years before Edwards started working at the product manufacturer. Union Carbide’s lawyers have argued that it was National Gypsum’s job to warn its employees about the dangers of asbestos exposure.

However, a Baltimore City jury found that it was Union Carbide who was responsible for Edwards’ work-related disease. Because of the state’s cap on damages, the Maryland wrongful death award was lowered to $2.2 million.

Third Party Lawsuits for Maryland Accidents and Illnesses Sustained on the Job
Exposure to hazardous substances on the job can cause serious injuries and even deaths. While employees and their families generally cannot sue their employer for Baltimore wrongful death (most workers are entitled to Maryland workers’ compensation from the insurers of the companies they work for over work-related injuries, illnesses, or fatalities) they may have grounds for a third party lawsuit against other entities or individuals that contributed to causing the injury or death. Examples of some other possible third complaints: (depending on the circumstances surrounding your case): a Maryland products liability case involving defective machinery, a Maryland slip and fall lawsuit against the owner of the property where the work accident occurred, or an inadequate security lawsuit against the party that failed to provide the required safety measures.

Asbestos Settlements, Lawyers and Settlements, January 7, 2011

Related Web Resources:
Asbestos, Occupational Safety & Health Administration

Mesothelioma, National Cancer Institute

The family of Jazmine Warr is suing Dogfish Head Alehouse owner JMGM Group LLC for her Maryland wrongful death. The 10-year-old girl died from injuries she sustained during a Montgomery County car accident in on Interstate 270 August 2008. Her half sister Cortovia Harris, then 11, survived the crash with injuries, as did William J. Warr Jr., 53 and Angela T. Warr, 45.

Warr was fatally injured when the 1995 Jeep Cherokee that she was riding was struck by a vehicle driven by Michael D. Eaton, who has pleaded guilty to manslaughter with a vehicle and failure to remain at an accident scene where the defendant should have known or knew that death occurred. Eaton was reportedly driving his auto at speeds of 88 to 99 mph when he rear-ended the car that the Warrs were in.

Maryland State Police reports state that Eaton, a known drunk, spent at least two hours at the Dogfish Head Alehouse before the catastrophic collision. More than a dozen empty beer bottles were found in hisvehicle following the 2008 accident.

In their Maryland car accident complaint, the family is seeking $3.25 million: $2 million for burial, medical, and funeral costs for Jazmine and $1.25 million for pain, injuries, suffering, and continued medical bills for William, Angela, and Cortovia. They settled Cortovia’s Maryland injuries to a minor case against Eaton for $100,000. Maryland is one of several US states that does not hold bars civilly liable for serving alcohol to patrons that are intoxicated.

Drunk driving kills thousands every year. There may be a way to hold a careless driver or another party that was involved liable for Maryland personal injury.

Alehouse sued for serving man guilty of manslaughter, Gazette.net, December 15, 2010

Bar sued after patron's crash kills girl, The Washington Post, December 14, 2010

Driver In I-270 Hit-And-Run Fatal Accident Surrenders, WUSA9, 2008

Related Web Resources:
Alcohol-Impaired Driving, NHTSA (PDF)

Maryland Department of Transportation Motor Vehicle Administration

Investigators are now saying that the apartment fire that killed Frostburg State University students Alyssa Salazar, 20, and Evan Kullberg, 23, occurred because of an overheated flue pipe. The fatal Maryland fire occurred early Friday.

According to the state fire marshal’s office, the three alarm fire was caused by the flue pipe that went from a wood-burning stove through a wooden-frame wall on the first floor to the structure’s exterior. There is no indication that the smoke alarms in the couple’s apartment were working. Also, the building was constructed before the enactment of a 1990 law requiring new multifamily structures to set up sprinkler systems.

The state medical examiner’s preliminary findings is citing smoke inhalation as the two students’ cause of death. Salazar died on her birthday.

Maryland Premises Liability
Property owners and managers are supposed to make sure that their buildings are free from any hazards that could contribute to injury or death. This means making sure that there are no safety violations and that the appropriate devices, such as smoke detectors and fire alarms, and exit routes are in place in the event of the emergency. The building, its facilities, and utilities should also be properly maintained.

If someone you love was killed in an accident on a property that is owned or managed by another party, you may have grounds for a Maryland wrongful death lawsuit. If faulty maintenance or a product defect was a factor in causing the fatality, you also may have reason to seek damages from the product manufacturer or the company that provided the inadequate maintenance.

Fire that killed 2 Frostburg students was caused by overheated pipe, Baltimore Sun, December 6, 2010

No Smoke Detectors Found in Fatal Fire Near Md. Campus, Firehouse.com, December 7, 2010

Related Web Resources:
Fire Protection and Prevention, Maryland Code (PDF)

Fire Safety

Premises Liability, Maryland Accident Law Blog

Burn Injuries, Maryland Accident Law Blog

Continue reading "Maryland Fire Deaths of Two Frostburg State University Students Caused by Overheated Pipe" »

The family of John R. "Jack" Yates has settled their Baltimore truck accident lawsuit with Potts & Callahan Inc. and tanker truck driver Michael Dale Chandler. Yates, 67, died on August 4, 2009 when his bicycle got stuck in the truck’s large wheels. The terms of the Maryland wrongful death lawsuit are confidential.

Yates’s family had initially sought $5 million from the defendants. They had accused the excavation, demolition, and equipment rental company for negligence. Investigators, however, found that Yates was at fault in the Baltimore bicycle accident and charges were not filed against the trucker, who failed to stop at the Maryland truck crash site. Police did not think that Chandler knew he had struck Yates.

However, the family’s Maryland wrongful death lawyer has called the investigation “one of the sloppiest” involving a death that he has seen in a long time. He claims there was evidence that Chandler failed to signal before turning and that this was not included in the police report. Also, the intersection where the crash happened had two large signs warning that there were bicyclists in the area.

Maryland Large Truck Accidents
The chances of a bicyclist getting seriously hurt when involved in a large truck crash are incredibly high. Truck drivers must exercise caution when on the road. Distracted driving, failure to obey traffic signs, drowsy driving, distracted driving, speeding, and driver inattention can prove fatal. It is usually the bicyclist, who lacks any buffer to serve as protection from the impact of colliding with an 18-wheeler truck, semi-truck, tractor-trailer, tanker truck, garbage truck, big rig truck, or delivery truck that will end up the worse for wear.

Family of cyclist killed in crash settles with truck driver, employer, The Baltimore Sun, December 1, 2010

Baltimore, Maryland Truck Accident Lawsuit Seeks $5 Million for Family of Bicyclist, Maryland Accident Law Blog, March 7, 2010

Related Web Resources:
Trucking Accident Lawyer Blog

Federal Motor Carrier Safety Administration