Maryland Accident Law Blog

Gwendolyn Cann is suing Baltimore County and six of its police officers for her son’s Maryland wrongful death. She is seeking over $30 million because she says that Baltimore police brutality resulted in the fatal shooting of 25-year-old Taevon G. Cann.

According to her Baltimore wrongful death complaint, Taevon was at the BP gas station at Merritt Boulevard and Dunman Way when two men in plain clothes “rushed” at him with handguns pointed. Taevon then placed his car in reverse to protect himself and that is when a Baltimore County police vehicle struck his car. The officers then surrounded him and shot him with over 70 bullets even though his arms were raised in surrender. One of the officers even shot Taevon in the back of the head. He was pronounced dead at the shooting site.

Police offered the Baltimore Sun a different account in 2008. They claimed that they had been following Taevon’s vehicle as part of a criminal probe and that when they ordered Cann out of the vehicle, he placed it in reverse and tried to hit a cop. His vehicle then hit a patrol car, causing an officer trying to get out of the vehicle to fall to the ground. The officers have said that this is when they started shooting the suspect.

Now, Gwendolyn is seeking compensatory and punitive damages for the emotional pain, mental anguish, and suffering she has experienced from losing the “protection, attention, advice, counsel, and love of her son.” She also claims that the cops took $1, 784 from her son’s body and ”refused” to give her or her son’s estate the money back.

Baltimore County Police Brutality
At no time are police officers ever authorized excessive use of force even when detaining a subject. Excessive use of police force is a form of police brutality, an abuse of police power, and a violation of one’s civil rights. Many people don’t realize that police cannot verbally abuse, threaten, physical assault, emotional violate, sexually assault, or inflict injury on them just because they have been detained, arrested, charged, or convicted for a crime.

Woman sues Baltimore County police over son's death, The Baltimore Sun, August 16, 2010

Related Web Resources:
Baltimore County Police Department, Maryland County Police Department

Police Use of Force, National Institute of Justice

A botched 911 call and the alleged failure by Anne Arundel County police to immediately help an unconscious woman at the scene of a medical emergency are two of the reasons cited in the Maryland wrongful death lawsuit filed by the family of Asha Clark. The 22-year-old mother of five died last summer.

According to the Anne Arundel County wrongful death complaint, on June 25, 2009, Clark’s boyfriend Maurice Brown called 911 because she was having a seizure. He says that he was placed on hold for three minutes. Clark fell unconscious. Police eventually arrived at the apartment building, but rather than tending to her immediately they first stopped to arrest someone in the hallway for allegedly dealing drugs.

Errors or negligence on the part of a 911 operator, paramedics, police officers, or fire fighters that arrive at the scene of a medical emergency can prove catastrophic. A 911 dispatcher neglecting to send emergency help right away or Maryland paramedic malpractice are just some reasons the entity that they work for might be sued for Maryland personal injury or wrongful death.

It was just in 2006 that the family of Yvette Beakes settled its Maryland wrongful death case with Anne Arundel County. The 26-year-old woman was kidnapped and murdered by the occupants of the van that rear-ended her vehicle on August 8, 2001. Someone called 911 but because of human error and a computer software mistake, the data was linked to an earlier 911 hang-up call. As a result, police were never notified about the attack and no one went searching for her.

Beakes' body was found in Baltimore the next day. The Glen Burnie wrongful death complaint contends that if police had gone looking for her, they may have found her before she was killed.

Lawsuit blames 911 for death of woman, HometownGlenBurnie, July 31, 2010

Murder victim's family sues county Suit claims 911 center, BNET, June 22, 2005

Related Web Resources:
Anne Arundel County, Maryland

Summary of State Wrongful Death and Intestacy Statutes, Justice.gov (PDF)

Frederick County Circuit Judge John H. Tisdale has awarded the parents of Michael Abraham Brall $1.65 million in their Maryland wrongful death lawsuit against Brian Gregory Stone. Stone accidentally shot Brall on October 25, 2007.

The two men had been drinking at a local bar that night when the decided to go to Stone’s apartment. Stone, then 22, reportedly was showing Brall, 23, his roommate’s gun when it went off, sending a bullet into Brall’s chest. He died at the accident site.

At his 2008 criminal trial, Stone said he didn’t know the gun was loaded when he showed the gun to Brall. He says that Brall had asked to see the weapon. Stone was later found not guilty of reckless endangerment and manslaughter.

Brall’s parents don’t expect to receive payment from the Stone. However, their Frederick County wrongful death case was more about holding Stone accountable for his negligent actions. They also settled their Maryland wrongful death case against Jordan S. Kaiser, Stone’s roommate and the owner of the gun that accidentally fired on their son.

Maryland Wrongful Death
Even if the person that you believe was responsible for your loved one’s passing is not charged or convicted in criminal court, you may be able to hold them accountable in civil court. Obtaining financial damages can help cover some of the cost that the death has caused you and your family, while making the responsible party liable for the loss of your loved one and the harm that you have suffered.

Family awarded $1.65 million in son's accidental death, Frederick News Post, June 23, 2010

Local man killed in Frederick shooting, The Herald-Mail, October 25, 2007

Related Web Resources:
Maryland Wrongful Death and Intestacy Statutes, Justice.gov (PDF)

Wrongful Death Action, Cornell Unversity Law School

The family and estate of Rodney Jennings has been awarded a $2.025 Maryland wrongful death verdict against dump truck driver Wayne Goss and the state of Maryland, Jennings, 28, died in August 2007 after he was hit by a dump truck on Interstate 495.

At the time, Jennings was an inmate serving time for a drug-related charge. The Prince George’s County dump truck accident happened while he picking up trash. Jennings was part of a work detail working under the Maryland Department of Public Safety and Correctional Services.

On the morning of August 23, 2007, Jennings was struck by Goss’s 39-ton dump truck as he and other inmates on the work crew tired crossing the Exit 17 ramp for Route 202. His legs were crushed during the Maryland truck accident and, according to the family’s Prince George’s County wrongful death lawyer, Jennings experienced severe pain for about 45 minutes prior to his passing.

The plaintiffs have accused Goss of improperly crossing a solid white line while driving too fast in an attempt to overtake a tractor-trailer. Their Maryland truck accident lawsuit also claims that there were inadequate work signs set up at the off- ramp work area. They blame the Department of Corrections and State Highway Administration for failing to ensure Jennings’ safety. Their Maryland wrongful death attorney says the department should have made sure that the inmates crossed the area where Jennings’s was struck by the truck in a van rather than on foot. He also says that the state workers that were supposed to monitor the inmate crew were inadequately trained. Since the tragic Prince George’s County truck accident that claimed Jennings’ life, inmates are now driven across similar ramps in a van.

In Maryland, many civil verdicts have a $680,000 noneconomic damages cap. However, since there were two defendants, the family will likely receive close to $1.4 million.

Jury awards $2 million to family of Md. inmate killed by truck, The Washington Post, June 25, 2010

Jury awards $2 million in highway death of Md. inmate, The Baltimore Sun, June 24, 2010

Related Web Resources:
Maryland Department of Public Safety and Correctional Services

Maryland State Highway Administration

Four years after a 14-year-old girl was fatally electrocuted at a softball field on Druid Hill, her loved ones are considering whether to seek a motion asking a court reevaluate its decision to dismiss the Maryland wrongful death lawsuit against the city of Baltimore. Green, a Deer Park Middle School student, died on May 5, 2006 when she was electrocuted while stretching against a steel fence before a church league softball game.

The fence was in contact with an underground power line. Green grabbed hold of another fence and her body completed completed an electrical circuit. She was knocked down immediately and never regained consciousness.

In 2009, Green’s family filed a Maryland wrongful death complaint against the city of Baltimore, Del Electric Inc., and Baltimore Gas and Electric Company. A judge later dismissed the case against the city and BGE.

Now, the family’s Baltimore wrongful death attorneys are saying that on more than one occasion the city hired Del Electric to deal with electrical problems that took place at the field prior to Green’s death. Their attorney contends that this new information sheds additional light on the role that the city of Baltimore may have played as the owner of the premise where Green died. The family also says that following her death, the city never took steps to rework the electrical system at the field.

Electrocution Accidents
Maryland electrical shock accidents can result in serious injuries, including burn injuries, brain damage, heart damage, muscle damage, nerve damage, and tissue damage. If you or someone you love was electrocuted on another party’s property and the premise owner was negligent in causing the injury accident, you may have grounds for filing a Maryland premises liability or wrongful death case. Signs of electrical shock include burns, respiratory failure, spinal cord injury, cardiac arrest, headaches, hearing problems, unconsciousness, tingling, weakness, numbness, seizures, muscle pain, broken bones, deformity, and heart arrhythmia.

Answers Sought In Girl's Death, Baltimore Sun, September 9, 2010

Family of Girl Electrocuted at Baltimore Softball Field to Return to Court, ABC2, May 12, 2010

Related Web Resources:
Electrical Injuries, eMedicine

City of Baltimore, Maryland

The family of Mickey Lippy has filed a $15 million Maryland wrongful death complaint against the federal government. Lippy, a paramedic, died during a 2008 medevac crash in Prince George’s County. The helicopter was transporting two teens from a Waldorf car crash site when the catastrophic aviation accident happened.

According to the National Transportation Safety Board, the deadly Maryland helicopter crash that claimed four peoples lives was caused by pilot error/inexperience, increased workload, and possible fatigue, as well as mistakes made by air traffic controllers, who gave the flight crew outdated weather data.

Per the family’s Maryland wrongful death lawsuit, the weather information given to the medevec pilot was “hours old” and suggested significantly better visibility than what actually existed at the time. The complaint accuses Federal Aviation Administration (FAA) air traffic controllers of not paying proper attention and “unresponsiveness.”

After pilot Stephen Bunker asked for help landing the chopper because he was having problems with the aircraft’s electronic navigation aid, the Andrews Air Force Base controller told him that she wasn’t “current” on the procedure, which would have involved using the ground-based radar. She did not try to provide additional help or ask about what the pilot instead intended to do.

Bunker, EMT Tonya Mallard, and 17-year-old car accident victim Ashley Younger, were also killed in the September 27, 2008 medevac accident. The other car accident victim, Jordan Wells, is the one person who survived the Maryland aviation accident. She has had to undergo over 20 surgeries since then.

Lippy’s widow, Westminster resident Christina Lippy and her 2-year-old daughter Madison are seeking $15 million for numerous injuries and losses, including emotional pain and suffering, mental suffering, loss of parental care, and loss of companionship. $1 million is being sought for the pain, suffering, and fear Lippy experienced prior to the tragic chopper crash.

Family of 2008 medevac crash victim files $15 million suit, The Baltimore Sun, April 28, 2010

Medevac Crash Victim's Family Sues For $15 Million, WJZ, April 28, 2010

Related Web Resources:
Federal Aviation Administration

National Transportation Safety Board

The family of Rose Sarah Cangelosi Derrickson is suing Summerville at Westminster Assisted Living for Maryland wrongful death. The 90-year-old resident died on June 30, 2009 at Carroll Hospice's Dove House.

According to a the Maryland Office of Health Care Quality. Report, nursing home workers did not cut Derrickson’s meat on June 19, 2009 even though it was known that the Parkinson’s patient, whose ability to chew and swallow were impaired, needed help cutting up her food and using her utensils. After she fell into a “severe hypoxic [deficiency in oxygen] state,” Derrickson was transported to an emergency room. Forceps had to be used to remove a chunk of meat from her throat. Because the obstruction prevented her from breathing, a breathing tube was inserted in her and she was placed on a ventilator.

According to the family’s Baltimore nursing home negligence lawyer, Derrickson did not recover and moved into a hospice on June 23, 2009 She died seven days later from aspiration pneumonia.

In her Baltimore nursing home neglect lawsuit, Linda Yingling is seeking $2 million. She contends that mother's death could have been prevented if only nursing home workers took better care of her and provided her with the proper feeding care that she needed.

Food Choking Accidents
Many nursing home patients need someone to help them during meals. Depending on his/her condition, a nursing home patient may need the food to be cut into small pieces, ground up, or liquefied. Some residents require spoon feeding.

It is so important that a nursing home is familiar with each patient’s dietary and feeding needs. Not only is it important to make sure that a resident eat and drink enough, but by adhering to his/her special feeding instructions, choking and asphyxiation accidents can be prevented.

Lawsuit to be filed against Summerville, Carroll County Times, April 18, 2010

Woman Files Lawsuit In Mom's Choking Death, WBALTV.com, April 19, 2010

Related Web Resources:
Avoiding Everyday Choking Hazards, Parent Giving

Nursing Home Awareness Campaigns: Nutrition Care Alerts, Medicare.gov

Maryland Nursing Home Lawyer Blog

The families of Michael Wilt and Dale Jones have filed their Maryland wrongful death lawsuit against Tri-Star Mining Inc., its owner George Beener, the land owner of the mine, BTC Trucking, BTC Developments, consulting firm Dugan Associates, Western Maryland Associates, Bituminous Safety Services, Inc., and Highland Engineering and Surveying Inc. The plaintiffs are seeking $8 million for the wrongful deaths of coal miners Jones and Wilton during a mine collapse.

The two men were fatally crushed on April 17, 2007 when one of the mine walls at Tri-Star Mining Inc. collapsed. The wall was comprised of thousands of tons of rock.

The plaintiffs contend that the Maryland mine collapse happened because of recklessly unsafe conditions at the workplace. They are accusing the defendants of negligence, including telling miners that it was safe to work at the bottom of the 275-foot high wall.

The US Mine Safety and Health Administration had to issue several citation after the catastrophic coal mining accident because a full inspection of the wall hadn’t been conducted. According to the Alleghany County, Maryland wrongful death complaint, an inspection would have found that the wall was not stable and that the four days of rain that happened prior to the collapse made the wall’s condition worse.

Coal miners expose themselves to dangerous conditions on the job on a regular basis, which is why it is so important that mining companies and those involved with overseeing any projects ensure that all safety measures are in place. Earlier this month, 29 workers from an explosion at Massey Energy's Upper Big Branch mine. The deadly blast is being called the worst coal mining disaster in the US in four decades. One widow, Marlene Griffith, has already filed a wrongful death lawsuit seeking compensation after her husband William was killed in the Massey mining blast.

According to the US Labor Department, Massey was cited 515 times last year violations at the mine and already has received over 100 violations in 2010. In the week following the deadly blast, investigators discovered over 60 serious safety violations.

Families of 2 Maryland Miners File Wrongful Death Suit, Insurance Journal, April 20, 2010

Massey Mine Had ‘Significant History’ of Violations, Business Week, April 15, 2010

Widow files wrongful death lawsuit, WKYT, April 19, 2010

Related Web Resources:
US Mine Safety and Health Administration

Coal Mining Injuries, Illnesses, and Fatalities in 2006, US Department of Labor

The parents of Christopher Jones are filing a $10 million Maryland wrongful death lawsuit against the Anne Arundel County School Board, five teenagers, and one adult. Jones, 14, sustained a fatal head injury last May when he fell to the ground during a beating. Police say the incident was a youth gang beating.

Jones did not belong to any gang. His mother accused gang members at the school he attended of assaulting her son.

Two teens were convicted of manslaughter in Jones’s beating death. Jones' family is to seek $8 million in Anne Arundel County wrongful death compensation from the teens' parents and $200,000 from the school board.

Maryland Wrongful Death
If someone you love died because he or she became the victim of a violent crime, you may have grounds for filing a Maryland wrongful death lawsuit. Even if your loved one knew the assailant, the attacker never intended to kill the victim, prosecutors decided not to file criminal charges, or the defendant was acquitted in criminal court, you can still pursue a separate case seeking compensation for your loss, pain, and suffering.

Violent crimes that can be grounds for a Maryland injury lawsuit if someone gets hurt or dies:

• Murder
• Rape
• Assault and battery
• Domestic violence crimes
• Molestation
• Sexual assault
• Shooting crimes
• Stabbing incidents

In Maryland, you have three years from the date of the victim’s death to file your wrongful death complaint. Although nothing can make up for losing someone you love, you can hold the responsible party liable for their actions and your losses.

Parents of slain Crofton teen to file $10 million lawsuit, The Baltimore Sun, April 12, 2010

Parents of Slain Teen File $10 Million Lawsuit, WJLA, April 10, 2010

Related Web Resources:
Maryland Wrongful Death and Intestacy Statutes (PDF)

Wrongful Death, Nolo

A Maryland jury has awarded the family of Thomas Murphy $1.44 million for his Baltimore County wrongful death. Murphy died of sepsis on June 11, 2007, one day after he was admitted to St. Joseph Medical Center.

Murphy’s family is alleging Maryland medical malpractice. They claim that the 59-year-old did not receive the proper medical care.

According to ABC-2.com, despite having Murphy undergo several tests, including a CAT scan and an X-ray, doctors did not diagnose him as suffering from sepsis. Instead, Dr. Richard Murphy, one of the defendants, thought the patient was suffering from an infection and prescribed a broad-spectrum antibiotic before admitting him to the hospital.

Other wrongful death defendants in this case include the hospital and two other doctors.

St. Joseph’s has recently come under fire over heart stents that may have been unnecessarily implanted in hundreds of people. More than 530 patients may have been affected.

A number of patients have come forward complaining that Dr. Mark Midei told them they had coronary blockages that were severe when the blockages actually were either too minor to require the insertion of a permanent stent or didn’t even exist. A number of Baltimore County medical malpractice lawsuits have already been filed over these mistakes.

Wrong Diagnosis
Incorrect diagnosis of a patient’s health issue can cause a complications, infections, or death, and may result in unnecessary surgeries, implants, or other invasive medical procedures. If you are the victim of delayed diagnosis, failure to diagnose, or wrong diagnosis, you may have grounds for filing a Maryland medical malpractice case.

$1.44 Million Awarded in Sepsis Death Case, ABC2, March 31, 2010

Jury awards $1.44 million to family of patient who died of sepsis at St. Joseph, Baltimore Sun, March 31, 2010

Maryland Medical Malpractice?: 369 Patients May Have Received Unnecessary Stents, Maryland Accident Law Blog, January 18, 2010

Related Web Resources:
Wrong Diagnosis

Sepsis, National Institutes of Health

If you’ve been the victim of police brutality or police negligence, there are legal remedies that allow you to seek Maryland personal injury compensation. Many victims of police violence or negligence are too scared to report the incident for fear of repercussion or because they are unaware that what happened to them was wrong. As with other negligent parties that cause injuries or deaths, law enforcement officers can be held liable for their reckless actions.

Recently, the family of Justin Lihvarcik settled its Maryland wrongful death lawsuit accusing Frederick County police of negligence. On June 10, 2009, Lihvarcik, who was 26 at the time, was placed in a holding cell at the Frederick County Adult Detention Center at around 2:30am after he was charged with second-degree assault during a dispute with his girlfriend. At around 5:30am, correctional officers found him hanging from the top bunk. He had used his shoelaces to make a noose.

In her Frederick County wrongful death complaint, Lihvarcik’s mother, Nancy Fether, accused the Frederick County Sheriff’s Office of neglect.

Following an investigation, two correctional officers were disciplined and policy changes were made so that shoelaces can no longer be taken into holding cells. Officers tasked with checking on inmates must now sign a checkoff sheet at the end of each hallway.

In other Maryland news, a Prince George’s County police brutality lawsuit was recently settled with the victim Rafel A. Rodriguez. The county agreed to pay $125,000 to the 31-year-old.

Rodriguez has accused Cpl. Scott Wilson and Cpl. John Wynkoop of committing police violence against him at College Park in 2008 and making a false arrest. The cops had detained him because they thought his vehicle had an illegal blue-tinted turn-signal light.

Video footage from a device in the vehicle captures the cops making fun of the plaintiff’s El Salvadorean accent, pulling Rodriguez out of the car, slamming him against the vehicle, cuffing him, spraying him with pepper spray, and striking him several times on the head with a baton. Even though Rodriguez didn’t try to hit the cops, they charged him with two counts of assault.

Prince George's to pay man who accused police of assault, The Washington Post, March 12, 2010

Parties reach $50,000 settlement in hanging at jail, FrederickNewsPost, March 23, 2010

Related Web Resources:
Frederick County Sheriff’s Office

Prince George’s County Police Department

On Thursday, the Maryland wrongful death lawsuit trial against Baltimore police officers Michael Riser and Sendy Ferdinand began. The relatives of Dondi Johnson, Sr., are suing the cops for $100 million. They claim that the two men, and possibly other officers, were negligent and committed Baltimore police brutality, including battery, assault, fraud, concealment and conspiracy.

Johnson, Sr. was arrested on November 23, 2005 for allegedly urinating in public. He was handcuffed and placed in the back of a police van. However, no one fastened the 43-year-old’s seat belt. Over the course of the drive, his spine became dislocated and fractured, which caused him to become a quadriplegic. He died on December 7, 2005.

The plaintiffs are alleging that the defendants acted maliciously when they didn’t secure Johnson with a seat belt and then drove aggressively so that he would get hurt.

Officer Nicole Leake, who was driving the van, denies that she was driving recklessly. She testified that with certain suspects whose behavior can become unpredictable, seat belts are not used. Also, although the Baltimore police department handbook states that each arrestee should be secured with a safety belt, the decision regarding whether to use one should be made on a case-by-case basis.

The plaintiffs are also claiming that the cops misrepresented the incident when filing their police report. In their Baltimore wrongful death complaint, which they submitted in 2007, Johnson's relatives accuse the officers of “kicking and beating” him and doing so with malice.

This is not the first time Baltimore cops have allegedly used police violence when dealing with a suspect. 39-year-old Jeffrey Alston broke his neck and became paralyzed after he was arrested on suspicion of drunk driving when he was caught speeding. He accused police officers of throwing him head first into the back of a police van. A jury awarded him $39 million, but he eventually settled with the city of Baltimore for $6 million.

In March 2005, Albert Mosley filed a Baltimore police brutality case against Officer Bryan Kershaw. Mosley accused Kershaw of throwing him face first against a holding cell’s concrete wall. He sustained serious spinal cord injuries and neck injuries. Because Mosley became permanently paralyzed, he had to get round-the-clock care.

Man Sues Officer For $40M In Alleged Brutality Case, WBALTV, March 30, 2010

Wrongful-death suit against Baltimore police opens, The Baltimore Sun, March 26, 2010

Related Web Resource:
Baltimore Police Department

National Spinal Cord Injury Association

The Consumer Product Safety Commission and Infantino LLC are recalling over 1 million baby slings following the deaths of three infants. The victims are a 7-week baby, a 3-month-old infant, and a 6-day-old newborn. All three child fatalities occurred last year. Consumers should stop using the baby slings as soon as possible.

The recall comes two weeks after the CPSC issued a warning to parents and guardians about the importance of using the sling carriers correctly. 11 other deaths have been linked to the baby slings in the last two decades. Yet, despite an earlier warning by Consumer Reports of the hazards posed by using a baby sling, many consumers remain unaware that these “hip” child carriers can cause suffocation injuries and deaths.

If your child was injured in a baby sling or because of another infant product, contact our Maryland products liability lawyers immediately. You may be entitled to sue the manufacturer for injuries to children or wrongful death.

Baby Slings as Suffocation Hazard
Because newborns are unable to control their heads yet, an infant may not be able to turn away should the sling’s fabric end up covering the mouth and nose. When the baby’s breathing is blocked in this way, suffocation can take no more than a couple of minutes. Or, if the baby is curled up in such a way that the chin is bent into the chest, oxygen might have a hard time getting through the airways, resulting in slow suffocation.

Earlier this year, the CPSC added infant slings to the list of infant products that need to have mandatory standards.

In the wake of today’s recall, replacements are being offered to consumers for the Infantino “Wendy Bellisimo” and the “SlingRider” baby slings. Consumers can choose between the a Wrap & Tie infant carrier, a 3 in 1 Grow & Play Activity Gym, or the 2 in 1 Shopping Cart Cove.

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Related Web Resources:
Consumer Reports

Infantino

Continue reading "Recall of Over 1 Million Baby Slings by Infantino Following Three Infant Deaths " »

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