Maryland Accident Law Blog

The family of Ryan Meyers is suing Baltimore County police and three cops for Maryland wrongful death. They are seeking $10 million in compensation and alleging negligence and police brutality.

Meyers is bipolar. The 40-year-old died after cops, who arrived at his parents' home following a 911 call, tasered him. Meyers had been allegedly using a baseball bat to attack people, and his father was injured.

According to the officers, they tasered him because he ignored their order to put down the bat. Meyers went down but then got up and allegedly tried to attack them. They managed to handcuff him and then saw that he was unresponsive. He went into cardiac arrest and was pronounced dead at the hospital.

Meyer’s family believes that the police officers could have used less force to apprehend him.

Taser Injuries
According to one study published in 2006 by the American College of Cardiology Foundation, even though getting struck by a Taser won’t likely cause cardiac arrest, it is recommended that Taser darts not be fired close to the heart. Seeing as this study was funded by Taser International, the manufacturer has known about this possible risk from some time.

Another man, Steven Butler, went into immediate cardiac arrest after he was tasered by cops. EMT’s were able to revive him, but his brain didn't get oxygen for such a long time that he is now permanently disabled. He and his family are suing Taser International for products liability.

In the last six years, there have been 8 Maryland taser deaths involving police. The stun gun shoots about 50,000 volts of electricity into the skin and is considered a less lethal alternative to shooting someone. However, medical experts say that getting struck near the chest by a Taser dart can make the target’s heartbeat go from 72 beats per minute to up to 220 beats a minute.

Meantime, Taser maintains that its electronic control device is safe for use.

Family Sues Police After Fatal Taser Shot, WJZ, March 5, 2010

Related Web Resources:
Taser

Baltimore County Police

The family of John R. “Jack” Yates is suing a truck driver and his employer for the 67-year-old’s Baltimore wrongful death. Yates was cycling in the Charles North neighborhood on Maryland Avenue behind the truck driven by Michael Dale Chandler on August 4 when he got trapped under the loaded fuel tanker’s tires and was run over.

The truck kept going because Chandler does not appear to have realized that he had driven over anyone. Yates was pronounced dead at the crash site.

Now, Yates’ daughter and wife are suing the truck driver and Potts & Callahan Inc. for $5 million. Following an investigation into the Baltimore truck crash, the bicyclist was found responsible for the tragic accident since he was riding in the parking lane and tried to overtake the truck from the right. However, the plaintiffs’ legal team is adamant that Yates wasn’t at fault. Under Maryland law, bicyclists must keep up with the flow of traffic and make sure their bicycles stay to the right.

Chandler has not been criminally charged over the Maryland truck collision.

Maryland Truck Crashes
It is devastating to know that someone you loved died in a tragic accident. Not only must surviving family members cope with losing someone they love and the effects that this unexpected, premature death will have on their lives, but there is also the trauma of imagining what your loved one may have had to endure prior to death. For bicyclists that survive large truck crashes, they may be left to struggle with traumatic brain injuries, spinal cord injuries, burn injuries, or disfigurement.

Even if a negligent motorist isn’t charged in criminal court, you can sue them for the Maryland wrongful death of your loved one in civil court.

Family of bicyclist killed in city accident files $5 million lawsuit, The Baltimore Sun, March 5, 2010

Related Web Resources:
Senate wants drivers to move over for cyclists, Maryland Politics, The Baltimore Sun, February 11, 2010

Maryland Bicycle Laws and Regulations, College Park Area Bicycle Coalition

The family of Dwight Jerome Madison is suing Harford County and the Harford County Sheriff's Office for Maryland wrongful death. Madison, 48, died after police threw him in jail last June. His family is alleging wrongful arrest and police brutality. They are seeking $145 million from the defendants.

According to the Maryland police brutality lawsuit, Madison was arrested on June 11, 2009 just hours after police stopped him in Bel Air. The 48-year-old was let go after he told them he was looking for a friend in the area. Police officer followed him and arrested him for trespassing. He was transported to the Harford County Detention Center.

Police claim that Madison asked to be arrested so he would have some place to go. They then contend that while in custody, he became uncooperative and grabbed and choked one of the guards. Police TASERed Madison, who fell and struck his head.

The Maryland wrongful death lawsuit claims that the following day, a civilian jail worker and three corrections officers assaulted Madison, who had a severe head injury. Even though it was allegedly obvious to those involved that Madison was dying, they continued to Taser him, causing his death. Madison died at Maryland Shock Trauma Center in Baltimore on June 13.

The family’s wrongful death lawsuit, filed in U.S. District Court in Baltimore, says the corrections employees and deputies directly caused his wrongful death and violated his legal rights. It also alleges that the defendants have consistently engaged in “condoning its officers’ pervasive misconduct and abuse of authority.”

Arresting someone without just cause and using excessive force to detain them are both possible grounds for suing the police for Maryland personal injury.

Even if you did break the law, police must still uphold your civil rights. Unfortunately, many people are too scared to speak out for fear of repercussions.

$145 million wrongful death lawsuit filed against county, sheriff's office, Explore Harford, February 2, 2010

Related Web Resources:
Read the Police Press Release, Harford Sheriff, June 13, 2009

Harford County, Maryland

Maryland’s Board of Public Works has given the green light to a $1.5 million Baltimore County wrongful death settlement over the fatal train accident that killed two teenagers last year. Kyle Patrick Wankmiller and Jarrett Connor Peterson were walking along tracks that are usually used by trains headed southbound in Lutherville on July 5 when a northbound train hit the two 17-year-olds. The Maryland Transit Administration had switched the direction of traffic on the tracks.

Following the deadly Maryland train collision, the MTA said the two teens had their backs to the trains when they were hit from behind. A spokesperson says the two boys thought the train was using the other track as it approached them. The public is not allowed to be on the tracks unless they are at designated crossing areas.

The train’s operator reportedly did not notice that the train had hit the two boys and did not stop. The operator of a second train that later passed through also failed to see the teenagers. It wasn’t until a third train came through that a fare inspector saw their severely injured bodies.

Two train operators were fired and six other workers were disciplined over the tragic Baltimore County train accident. No criminal charges were filed over the deadly incident.

The families’ Maryland injury attorney notified the state that they planned to sue. A Baltimore County wrongful death settlement was reached before the families filed their lawsuit. The lawyer noted that even though state law prevents plaintiffs who contributed to their personal injury from recovering damages, the Maryland’s wrongful death law has a provision that holds responsible the party that has the “last clear chance” of preventing an injury accident from happening.

Maryland Train Accident Injuries to Pedestrians
Pedestrians that are struck by trains will likely have sustained serious have sustained serious injuries that require medical attention as soon as possible. Train operators must exercise caution that they don’t accidentally strike someone or, if they do, that they get that person medical help right away. Some common causes of train accidents include mechanical failure, operator error, inadequate maintenance, and speeding.

State OKs $1.5 million settlement in case of teens killed by light rail train, The Baltimore Sun, January 21, 2010

MTA Says It Plans To Fire 2 For Deadly Accident, WJZ, December 18, 2009

Related Web Resources:
Maryland Board of Public Works

Maryland Transit Administration

The family of Isaiah Simmons III has reached a $1.2 million Maryland wrongful death settlement with Bowling Brook Preparatory School and the state's Department of Juvenile Services. The Maryland teen died in 2007 after he was restrained at the reform school.

Simmons’ family had accused counselors of holding him face down and sitting on him for about three hours. Simmons, a Baltimore 17-year-old, eventually lost consciousness and stopped breathing. The counselors are accused of waiting 41 minutes after Simmons became unresponsive to contact 911. Simmons was pronounced dead at Carroll Hospital Center. Following the tragic incident, Bowling Brook maintained that its staff followed appropriate procedures and denied that workers knelt or sat on Simmons’ head or torso.

Per the school's report, on January 23, 2007, a staff member questioned Simmons about threats he allegedly made. The teenager allegedly made more threats and at around 4:45 pm, staff members and students restrained him. An ambulance was called at about 8:15 pm.

A school staff member told a 911 dispatcher that the restraint methods the counselors used on Simmons were not unusual. The employee said that the school had dealt with other aggressive kids in similar fashion.

Student eyewitnesses claim that five staffers were sitting on Simmons. One student says Simmons told them he couldn’t breathe and that he was in pain but the counselors didn’t believe him.

The reform school was eventually shut down. It reopened last year under new management. The school is now called Silver Oak Academy.

The $1.2 million Baltimore wrongful death settlement is the maximum allowed under Maryland personal injury law.

CPR, 911 call for youth were delayed, ISACCORP.org, January 31, 2007

Family of teen who died settles with Bowling Brook, state, Baltimore Sun, January 7, 2010

Related Web Resources:
Maryland Department of Juvenile Services

Wrongful Death, Nolo

The family of truck driver John Short has amended their Maryland wrongful death complaint to include the state as a defendant. Short died in a truck crash in August 2008 when he swerved his tractor-trailer to avoid another vehicle, crashed into a bridge wall, and drove off the Chesapeake Bay Bridge.

In June, the 57-year-old trucker’s family filed a $7 million Maryland wrongful death lawsuit against 19-year-old Candy Lynn Baldwin, who had fallen asleep while driving.

While Baldwin, who had been drinking before the tragic Maryland truck crash, did not have a blood alcohol level high enough for her to be charged with drunk driving, Short’s family says her results would have been different if authorities had tested her BAC right after the truck collision. They have pointed to her MySpace page, which included pictures of Baldwin, a minor, drinking alcohol. One photo shows her holding a bottle of alcohol while she’s seated in the driver’s seat of a motor vehicle.

Now, Short’s family is also suing the state of Maryland for wrongful death. They are citing poor maintenance and inspection of the bridge. While the walls are there as a protective barrier, they obviously weren’t enough to keep Short’s large truck from crashing into the water. Their wrongful death complaint also contends that the two-way traffic allowed the bridge has led to a number of fatalities.

Since the fatal truck collision that claimed Short’s life, Maryland has spent $3 million repairing and inspecting the bridge’s sidewalls.

Truck Accidents Involving Truck Driver Victims
While the majority of truck accident fatalities are the people who weren’t riding in the large trucks when the catastrophic traffic collisions happened, truck drivers do get injured or killed in truck crashes that are caused by other negligent parties.

Md. Named In Fatal Bay Bridge Crash Suit, WJZ, December 12, 2009

Trucker's Family Sues Over Bay Bridge Fatal Crash, ABC2News.com

Related Web Resources:
Maryland

Federal Motor Carrier Safety Administration

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

Nearly two years after University of Maryland student Brian Gray was killed in a deadly car accident involving an off-duty cop driving a police cruiser, a jury has awarded his mother, Mary Gray, over $4 million for his Prince George's County wrongful death.

Gray, a college junior, was driving to campus early on the morning of December 10, 2007 when a police vehicle driven by Cpl. Mario Chavez struck his Chevy Beretta. The 20-year-old’s body was thrown 85 feet past the Bowie car accident site, which was at the intersection of Beaverdale Lane and Belair Drive.

Chavez was driving 50 mph in a 25 mph zone. He admits that he drank three to five beers the night before the motor vehicle accident and was driving home after staying at a friend’s house when the fatal collision happened. Authorities did not make Chavez take a drunk driving test at the Maryland car crash scene.

During the Prince George’s County wrongful death trial, a representative from AT & T testified that Chavez either sent or received a text message right before the deadly auto crash happened.

Following the criminal investigation, Chavez was ordered to pay a $260 fine for speeding. No criminal charges were filed against him, and he was allowed to keep working as a police officer in Clinton. Chavez was later placed on administrative leave after a complaint was made against him over another incident that happened in January 2009.

During the civil trial, Mary Gray’s Maryland wrongful death lawyer argued that if Chavez had even been driving no more than 15 miles above the posted speed limit, Brian Gray would not have died.

It took the jury a week to arrive at its verdict. Prince George’s County is expected to appeal their ruling.

Killed student's mother awarded $4 million, DiamondBackOnline, September 21, 2009

Officer involved in fatal accident pays speeding fine, Gazette.net, August 20, 2009

Related Web Resources:
Prince George's County, Maryland

What's the difference between a civil judgment and a criminal conviction?, Nolo

The family of Dunkirk teenager Rachael Campbell is getting ready to sue the Calvert County sheriff’s office for her Maryland wrongful death. The 18-year-old died on July 24 when the 1997 Buick LeSabre she was riding was hit by a 2006 Ford Crown Victoria cruiser at Route 4 and Apple Way.

The driver of the cruiser, Deputy C. Wayne Wells, was headed to an emergency domestic violence call when the deadly Maryland car crash happened. His vehicle was moving at a speed of 110 mph in a 45 mph zone and his sirens and lights were activated.

Campbell was attempting to cross two northbound lanes when Wells struck her vehicle. Campbell’s vehicle caught on fire and she died at the Maryland auto crash site. Wells sustained life-threatening injuries during the traffic accident but was later released from the hospital.

Per a report issued by Anne Arundel County police Cpl. C. Gregory Russell, the police officer’s car was traveling at a speed of 83 to 87 mph at the point of impact, while the teenager’s car was moving at about 21 mph. The report notes that an untrained person can have a very hard—if not impossible—time determining how fast a vehicle approaching from a lengthy distance might be going.

Experts say the Campbell probably had half a second to see the police car as it approached. Calvert County’s state’s attorney, Laura L. Martin, said the teenager may not have realized that the approaching vehicle was a police car in an emergency situation. Also, even though the vehicle's siren was on, it may not have been audible to oncoming traffic.

Martin noted that while Russell may have been distracted by the emergency situation he was driving to, the police officer’s speed was still “unreasonable.” She determined that deputy’s actions were not at the level of gross negligence that manslaughter charges were necessary. Martin also said that Campbell was not at fault.

Meantime, the Calvert County Sheriff's office doesn't intend to file criminal charges against Wells, who was rushing to an emergency situation. The department, however, will review current policy to prevent such deadly accidents from happening in the future.

The wrongful death lawyer for Campbell's parents, however, say that if Wells stayed in his lane and had driven at a reasonable speed, he would have avoided striking the teenager's car.

It is the responsibility of police officers to drive their vehicles safely—whether they are headed to a particular incident or pursuing a suspect. Unfortunately, there have been incidents involving innocent bystanders who were seriously injured or killed in a traffic accident because a police car or ambulance was going too fast.

In certain cases, an investigation into the incident might lead to criminal charges against the police officer who was driving the vehicle. Even if that doesn’t happen, however, you still may have grounds for filing a Maryland wrongful death case.

Family to Sue Sheriff's Office In Teenager's Fatal Crash, The Washington Post, September 13, 2009

Teen killed in Dunkirk auto accident with police cruiser, Calvert News, July 27, 2009

Related Web Resources:
Calvert County Sheriff's Department

In Baltimore Circuit Court, a jury has awarded Joseph Montes, the father of 16-year-old Brian Montes, $50,000 for his suicide death. The defendant in this Maryland wrongful death lawsuit is Frank Eisler, the boy’s stepfather.

Brian killed himself on April 11, 2005. He shot himself in the head with a 9mm gun. Even as a young boy, Brian suffered from depression and displayed a suicidal streak. His parents were divorced and he lived with his mother and Eisler, who kept 11 guns in their home.

Despite being aware of Brian’s suicidal streak, Eisler kept one gun in an unlocked drawer with its clip located nearby. A number of days after overdosing on his stepfather’s painkillers, Brian killed himself.

Initially, Montes had sought a public apology from Eisler that would warn others about the dangers of keeping guns in houses where children live. Eisler refused and the Maryland wrongful death lawsuit wound up in civil court. The jury took a little over an hour to decide that Eisler was negligent and that his negligence resulted in Brian’s wrongful death.

Eisler’s attorney says he finds the jury’s verdict “perplexing” because in Maryland personal injury recovery is not allowed if the victim contributed to the injury.

Maryland Wrongful Death
Maryland’s contributory negligence standard generally prevents plaintiffs from obtaining any financial recovery if the victim contributed in any way to his injuries or death. However, there is also the “last clear chance” doctrine. Even if a victim’s negligence contributed to the injury, a defendant who could have or should have been able to avoid hurting the victim yet neglected to do so could still be held liable for Maryland personal injury or wrongful death.

Jury awards dad $50K for teen’s suicide, MD Daily Record, August 31, 2009

Related Web Resources:

Last Clear Chance Doctrine, Legal Dictionary

Maryland, Wrongful Death, USDOJ.gov (PDF)

A Montgomery County, Maryland jury has awarded John and Sandra Ketterman $1.85 million for their newborn’s wrongful death. Their son, Benjamin, died two days after he was born in July 2005.

The Kettermans had accused Dr. Leonard Bienkowski of negligently using vacuum extraction during their son’s delivery at Frederick Memorial hospital. In their Maryland wrongful death complaint, the couple contended that the doctor neglected to follow the standards of medical care and failed to warn them about the potential dangers associated with the procedure. They also claimed that Bienkowski opted to use this process even though their son wasn’t in distress. The Kettermans have said that if they had known of the risks, they would have opted for the doctor to deliver their son via emergency cesarean section.

Benjamin sustained a fatal birth injury when his head got stuck in the birth canal during delivery. The Maryland jury awarded $100,000 for the newborn’s pain and suffering before he died, $752,000 for economic damages, including funeral costs and medical expenses, and $500, 000 to each parent for their suffering.

Vacuum Extraction
During vacuum extraction, suction is applied to the child’s head to accelerate delivery and move the baby through the birth canal. Vacuum extraction is a procedure that can be used when the baby is in distress. While vacuum extraction is safer than other procedures, serious injuries can result, including traumatic brain injuries, bruises, a brain hemorrhage, cerebral palsy, shoulder dystocia, intracranial bleeding, erb’s palsy, jaundice, and developmental issues.

Birthing injuries can be grounds for a Maryland birthing malpractice lawsuit if your baby sustains injuries related to his or her birth. Parents may have grounds to sue a medical provider for wrongful death if their baby dies because of medical malpractice.

Couple wins $1.85 million judgment in child death, Washington Examiner/AP, August 2, 2009

Jury awards parents $1.85 million in infant's death, WTOP.com, July 31, 2009

Related Web Resources:
Vacuum Extraction, Is it Safe?, iVillage

Birth Trauma, eMedicine Pediatrics

A little over two years after 21-year-old Tyler Adams was killed in a Maryland motor vehicle crash while crossing Coastal Highway on June 17, 2007, his family has settled their wrongful death lawsuit with the defendant.

Adams, an Easton resident, and his friend Dale Blankenship were crossing the highway before 2am when a Jeep Cherokee driven by Brian Scott, 19, struck them. While Blankenship, also from Easton, sustained minor injuries, Adams died from his injuries.

No criminal charges were filed against Scott. Adams’s family sued him for Maryland wrongful death in August 2007. Their civil complaint sought $1.75 million in punitive and compensatory damages. The terms of the Maryland wrongful death settlement are confidential.

While Scott, a minor at the time of the deadly Maryland car crash, ran a red light and was suspected to be driving under the influence, Adams was also suspected of being under the influence and not in the crosswalk when the pedestrian accident occurred. The issue of whether or not there was actual presence of malice in the case has been an issue of debate during two years of legal wrangling.

Adam’s death was one of the 614 Maryland traffic crashes that occurred in 2007. And while one motor vehicle fatality or one pedestrian death is one fatality too many, it is good to note that there were less Maryland traffic fatalities-591 traffic deaths in 2008. There were also less drunk driving-related deaths—178 Maryland alcohol-impaired driving fatalities in 2007 compared to 152 in 2008. The number of Maryland pedestrian deaths for both years—116 pedestrian fatalities—stayed the same.

Losing someone you love in a Maryland pedestrian accident is devastating and can feel incredibly senseless and unfair. There are steps that you can take, however, to hold a negligent motorist liable for your loved one’s wrongful death.

In Maryland, the Court of Special Appeals has revived the wrongful death lawsuit a family that sued the University of Maryland Medical System Corp. for a woman’s wrong diagnosis that she had arthritis instead of a deadly cancer.

In March 2001, Rice was diagnosed with osteoarthritis. She had experienced pain in her left knee. It wasn’t until several months later that a ruptured cancerous cyst was found.

Rice had to undergo surgery, radiation, chemotherapy, and radiation. She died in March 2003. In November 2003, her children filed a claim with the Health Care Alternative Dispute Resolution Office. They said that delayed diagnosis and treatment contributed to her death. They waived arbitration and filed their Maryland wrongful death lawsuit in Baltimore City Circuit Court.

A Maryland jury awarded the family of Pearline Brown Rice $11 million for her 2003 medical malpractice-related death, but the verdict was reversed on appeal.

A new trial was going to take place but another lawsuit, Walzer v. Osborne, led to dismissal o the family’s case. Maryland’s high court determined that when a claimant doesn’t attach the expert’s report “in a timely manner,” the proper remedy is dismissal of a malpractice claim without prejudice.

UMMS submitted a motion to dismiss the wrongful death lawsuit because their 2003 claim did not include the report. The circuit court agreed and threw out the case.

The plaintiffs then appealed and filed a new Maryland wrongful death complaint in 2007 that included the report. A Maryland judge dismissed the second Maryland wrongful death complaint because it wasn’t filed during the three-year statute of limitations. Yesterday, the Court of Special Appeals determined that the dismissal was wrong.

Delayed Cancer Diagnosis
Cancer is a disease that must be diagnosed as soon as possible. Delayed diagnosis or the wrong diagnosis of cancer can cost a patient his or her life. It can also lead to more costly and invasive and painful medical procedures in an attempt to save the person’s life. Failure to diagnose cancer in a timely manner can be grounds for A Maryland medical malpractice claim or a wrongful death lawsuit.

CSA lets children who lost $11M verdict try again, The Daily Record, July 7, 2009

Misdiagnosis of Cancer, Wrong Diagnosis, July 8, 2009

Related Web Resources:
How to Avoid a Delayed Colon Cancer Diagnosis, About.com, January 11, 2007

Types of Wrong Diagnosis, Cure Research

The family of John Short, the 57-year-old tractor-trailer driver that died when his truck fell into the Chesapeake Bay during a deadly motor vehicle crash last August, is suing 19-year-old Candy Lynn Baldwin for his wrongful death. Their Maryland civil lawsuit is seeking $7 million from the teenager, who swerved into the lane that Short’s truck was in, causing him to drive his truck through a bridge wall before it fell into the water.

Short’s relatives contend that the deadly Maryland truck accident happened because Baldwin had been drinking prior to getting into her car. Just six months ago, prosecutors decided not to criminally charge the teenager with auto manslaughter because her blood alcohol content two hours after the car-truck collision was .036%. Maryland’s legal BAC limit is .08%.

The Maryland wrongful death lawyer representing Short’s family, however, says Baldwin’s BAC would have been higher if she had been tested right after the Maryland truck accident. He also provided a photo taken from the teenager’s MySpace page that shows her holding a bottle of alcohol while seated behind the wheel of a motor vehicle.

Baldwin told police she drank four beers on the night of the crash. The 19-year-old says she was very tired while driving early on the morning of August 10 but there was no place for her to pull over. She fell asleep while on the bridge and her car swerved across the center line into Short’s path. Baldwin says she woke up just as she saw herself driving toward the truck.

She pled guilty to negligent driving, violating a license restriction, and failure to drive right of center. Baldwin paid a $470 fine.

Short’s family also plans to sue the state of Maryland for his wrongful death. Poor maintenance and improper operation may be cited. Their wrongful death lawyer says the bridge is not up to today’s standards and that the state should not have allowed two-way traffic on the bridge when there is a lot of traffic. 70% of fatalities on the bridge have occurred when two-way traffic was allowed on one span.

$7M civil lawsuit filed in Bay Bridge crash, Hometown Annapolis, June 17, 2009

Md. to be sued over fatal Bay Bridge crash, WTOP, June 17, 2009

Related Web Resources:
Maryland Transportation Authority

Chesapeake Bay Bridge

The parents of Andrew Waybright, a 23-year-old firefighter trainee that died after suffering from heatstroke in 2002, have reached a Maryland wrongful death settlement with Frederick County. Per the terms of the agreement, the County will pay $300,000 to Shirley and James Waybright, as well as install a commemorative plaque at the Frederick County Public Safety Training Center.

Andrew, who at the time was a Harney volunteer in Carroll County, was training for a full-time position in Frederick County when the tragic incident happened. He collapsed on July 3, 2002 while participating in an outdoor workout at the center while taking part in a nearly 4-mile run.

Instructors at the training center performed CPR on Andrew after he collapsed. He was pronounced dead upon his arrival at Frederick Memorial Hospital. Doctors that examined Andrew’s body at the hospital said his temperature was 107.4.

His parents not only contend that the training took place in severe heat, but they claim that their son’s supervising officer, Jeffrey Coombe, neglected to notice his son’s symptoms or provide him with first aid. They also accused the Frederick Board of Country Commissioners and training academy leaders of negligence.

Heatstroke
A kind of hyperthermia that involves a person that has an abnormally high body temperature.This condition can be fatal if treatment is not administered immediately and correctly. In addition to high body temperature, symptoms of heat stroke may include a rapid pulse, problems breathing, the inability to perspire, skin that is flushed dry or hot red, hallucinations, unusual behavior, agitation, confusion, disorientation, seizures, or coma. People most susceptible to heat stroke are babies, elderly people, athletes, and workers that do their job under a hot sun.

Frederick Wrongful Death Suit Settled for $300,000, The Washington Post, June 18, 2009

Md. judge tosses claims in 2002 firefighter's death, Firerescue1.com, March 10, 2007

Related Web Resources:
Frederick County Government

Frederick County Public Safety Training Center

Heat Stroke, MedicineNet.com

The father and sister of Erica Peters, the woman who was murdered along with her two children in her apartment on March 21, are planning to sue the District for her wrongful death. The plaintiffs are contending that the 911 dispatcher and police may have botched their handling of an emergency call that was made on the afternoon that Peters, along with her sons, Eric, 11, and Dakota, 10, were killed.

Peters reportedly was stabbed more than 20 times. Her two sons were also stabbed. Joseph Mays, Peters' live-in boyfriend, has been charged with all three murders.

Her family also believes that he isn't the only one that should be held liable for the triple slaying. They think that the 911 dispatcher that answered the call made from inside Peters’ apartment may have told a cop that the screams heard over the phone could have been “child’s play.” Her family also thinks that police waited anywhere from 30 minutes to an hour and a half after no one answered the door before breaking into the home.

That is when they found the bodies. Mays, who was also in the apartment, sustained superficial chest wounds. The couple's 2-year-old girl was also there and alive.

Wrongful Death for Murder
If someone you love was murdered, you may have grounds for filing a wrongful death lawsuit against the person that actually committed the crime. There also may be other parties that can be held liable for your loved one’s wrongful death—even if he or she didn’t commit the actual crime. For example, a wrongful death claim can be brought against a premise owner for the inadequate security that allowed for a crime to occur on a property, or police or a city can be sued for wrongful death if negligence on their part allowed for a murder to occur.

Family Suing Over D.C. Triple Murder, MyFoxDC, June 8, 2009

Charges Are Filed In Triple Stabbing, The Washington Post, March 23, 2009

Related Web Resources:
Wrongful Death Overview, Justia

Continue reading "Family Plans for Wrongful Death Lawsuit Against the District for Woman’s Murder" »

A Maryland wrongful death settlement has been reached between the mother and fiancé of a pregnant woman and her unborn son that died and Smithsburg Emergency Services Inc, medics James Ulrich and Karin Nichol, and former ambulance chief Jason Tracey. The terms of the agreement are confidential. Also previously named among the Maryland wrongful death defendants were Washington County, the Washington County Volunteer Fire and Rescue Association Inc., and dispatcher Robert Myerly.

20-year-old Christina Lynn Hess and her unborn son died in March 2004. The Maryland wrongful death complaint against the defendants contends that a feud between the Smithsburg Volunteer Fire Co. and the ambulance company caused the deaths of Hess and her son. Hess and fiancé Danny Gibson were volunteers at the fire company. Gibson and Hess’s mother, Tammy Reed, had sought $4 million for the wrongful deaths.

According to their Maryland wrongful death complaint, Ulrich and Nichol responded to an emergency call from Gibson, who said that Hess was having seizures. The medics arrived at the scene and spent at least 14 minutes unsuccessfully attempting to intubate Hess. She was then transported to Washington County Hospital where she and her son were pronounced dead.

Hess was suffering from eclampsia. The Maryland wrongful death lawsuit contends that the medical workers did not respond appropriately to her medical condition. It also notes a tape-recorded conversation between the former ambulance company chief and the dispatcher. The ex-chief can be heard making fun of the call for help and putting down the fire company. The plaintiffs say that the bad blood between the two companies led to EMS workers not responding fast enough to the medical emergency.

In 2007, a Washington County Circuit judge dismissed the lawsuit against the Washington County Commissioners, the Washington County Volunteer Fire and Rescue Association, and the dispatcher because he was a county employee at the time of alleged incident. These actions still left Smithsburg Emergency Medical Services, Tracey, and the medics with wrongful death and survival actions alleging willful conduct and gross negligence in the deaths of Hess and her son, as well as individual action counts alleging privacy invasion leading to unreasonable publicity that placed Hess in a false light.

Maryland Medical Malpractice
Emergency medics are supposed to respond appropriately to all medical emergencies. When failure to provide that standard of care leads to a patient’s condition getting worse, the parties responsible can be held liable for Maryland medical malpractice or wrongful death.

Eclampsia
Eclampsia is a serious condition that can occur in pregnant women. Symptoms can include coma or seizures. Eclampsia is treatable but can be fatal if not treated correctly or in a timely manner.

Maryland EMS Wrongful Death Suit Ends in Settlement, Insurance Journal, May 6, 2009

Wrongful death settlement under wraps, The Herald-Mail, May 5, 2009

Related Web Resources:
Smithsburg Emergency Services Inc.

Smithsburg Volunteer Fire Co.

Eclampsia, Emedicine

In Maryland, Montgomery County Judge John W Debelius III refused to cap the medical malpractice noneconomic damages received by the surviving family members of attorney Richard H. Semsker who died after a mole that was not treated became skin cancer and spread to his brain. Last year, his wife and two children were awarded $5.8 million for his wrongful death.

The Maryland medical malpractice lawsuit says that in 1998, Dr. Lokshin in Silver Springs examined Semsker’s back. He noticed that there was a 6 millimeter mole and recommended that Dr. Lawrence Marcus, the patient’s primary care physician, remove the mole.

The complaint claims that each doctor thought that the other physician had tended to the mole. In 2004, Semsker underwent another skin checkup. Dr. Michael Albert noted that there was an atypical mole and two cysts. Albert recommended the removal of the atypical mole but didn’t know that the other mole (documented in 1998) had doubled in size because he didn’t have access to Lokshin’s medical report, which under Maryland law could be destroyed after five years.

It wasn’t until 2006 that the mole was removed after Semsker’s wife saw that the mole had changed color. The delayed diagnosis led to Semsker being diagnosed with skin cancer that had now moved to other parts of his body. Semsker had to undergo surgery, radiation, and chemotherapy. He died in 2007.

Included in the verdict was $3 million for the anguish that Semsker and his family experienced while he was sick and after he died. If the judge had applied the cap, that portion of the award would have been reduced to $812,000. Judge Debelius, however, said the cap, under the 2004 Maryland Patient’s Access to Quality Health Care Act, provides exceptions for cases that were not first pursued through voluntary arbitration. He did, however, lower the award to $2.8 million because of a Maryland medical malpractice settlement that Semsker’s family reached with Dr. Marcus. Debelius’s decision does not bind other judges dealing with other cases.

Current Maryland medical malpractice cap:

• $665,000 for cases with one claimant
• $831,250 for cases with two claimants

Ruling: No cap applies, The Daily Record, April 21, 2009

Family wins malpractice suit against Silver Spring dermatologist, Gazette.net, November 19, 2008

Related Web Resource:
Skin Cancer Foundation

Is It Skin Cancer?, Skin Cancer Guide

The families of Randall Orff, his son Jonathan, and James Hewitt Ingle are suing the Maryland Transportation Authority, driver Stephen Adam Burt, trailer owner Levon Andonian, tractor-trailer driver Joshua Hargrove, Mobile Mini Inc, tractor-trailer driver Edwin Tixon, Ag Trucking Inc, and Travelers Property Casual Co of America for Maryland wrongful death.

The three victims died on May 10, 2007 when a trailer detached from an SUV driven by Burt. The trailer went in front of Orffs’ vehicle, and a seven-vehicle pileup ensued. No criminal charges were filed against Burt.

The $19 million wrongful death lawsuit accuses Burt of negligence because of the manner in which he operated his motor vehicle. It also contends that Andonian was negligent because he did not include a safety hitch pin when he constructed the trailer and accuses the two tractor trailers (and their employers) of negligence because they allegedly drove too fast under the driving conditions of the time and neglected to control their motor vehicles.

The complaint blames the MTA for letting there be two-way traffic on the westbound span of the bridge when there was a history of previous traffic accidents and deaths occurring under the same traffic conditions. They plaintiffs said that the Maryland Transportation Authority should have known that barriers were needed to separate lines and that steps should have been taken to warn drivers that the driving conditions on that part of the bridge were “dangerous.”

A spokesman for the authority police, Sgt. Jonathan Green says the deadly crash didn’t happen because there was two way traffic but because the trailer had come unhitched from the SUV.

Multi-Vehicle Crashes
Determining liability in a multi-vehicle crash can be hard work, which is why you must retain the services of an experienced Maryland personal injury law firm that knows how to investigate these types of cases. You may be entitled to financial recovery from more than one responsible party.

Victims of Bay Bridge crash sue MdTA, other drivers for $19 million, Daily Record, April 23, 2009

$19 million lawsuit filed in 2007 Bay Bridge crash, Hometown Annapolis, April 26, 2009

Related Web Resources:
Maryland Transportation Authority

3 Killed in Bay Bridge Crash, Washington Post, May 11, 2007

In Maryland, the family of a heart patient who died while trapped in a hospital bathroom has reached a wrongful death settlement with Washington Adventist Hospital. Jose Valladares died in 2006.

He went to the bathroom in his room and locked the door. He experienced a cardiac event while using the toilet. The heart monitor he was using showed that his heart rate had decreased.

Hospital staffers in the area were unable to unlock the door immediately because they didn’t have a key. EMS workers and the Montgomery County Fire department broke down the door a number of minutes later but by then Valladares was already dead.

He had been admitted to the Takoma Park hospital just four days before. Washington Adventist Hospital has said that soon after Valladares’s death, all locks were taken off the bathroom doors in the hospital.

Maryland hospitals and nursing homes are supposed to make sure that there are no hazards or unsafe conditions on the premise that could cause injury or death to patients, residents, and visitors. Sick, mentally challenged, elderly, and frail residents are also more susceptible to injury in certain situations than healthier, younger people, which is why long-term care facilities, hospitals, and medical centers must make sure that they make allowances for all possible eventualities to keep everyone safe from harm.

Examples of hazards that could be grounds for a premises liability lawsuit against a hospital or a nursing home:

• Slippery or uneven floors
• Defective beds
• Inadequate security
• Staircases lacking the appropriate handrails
• Exposure to hazardous substances or unsanitary conditions

Family of trapped bathroom patient settles with hospital, WTOP.com, April 20, 2009

Related Web Resources:
Washington Adventist Hospital

Premises Liability Overview, Justia