Articles Posted in Personal Injury

In an earlier post, our Maryland car accident lawyers explained why we believed Marylanders should vote to pass Question 2 which increased Maryland District Court’s jurisdiction to $15,000.00. On November 2, 2010, 1,542,546 Marylanders cast a vote on the issue presented in Question 2. Of that number, 1,010,640, or 66% voted in favor of the increase. With the ballot initiative passed, we wondered when Maryland law would change to reflect the favorable vote on the ballot question.

It became clear to us the answer to “when does it take effect” was not clear. We called the office of Senator Mike Miller, President of the Maryland Senate. We spoke to an assistant of Senator Miller who patiently explained what she knew. We were informed that a number of steps need to take place before the change in law will become effective.

Based upon the telephone call, our understanding is that both the Maryland House and the Senate still need to develop and pass the final language of the law before it takes effect.

In Carroll County Circuit court, Baltimore resident Nicholas Fickel is suing Baugher’s Orchard and Farm for Maryland personal injury. Fickel says he became ill after consuming Baugher’s unpasteurized apple cider last month.

Fickel says that his E. coli infection caused him to experience uncomfortable symptoms, including bloody diarrhea and painful stomach cramping. As his condition grew worse, he had to seek medical help. A lab test confirmed that Fickel was suffering from E. coli O157:H7.

Fickel isn’t the only one to complain of food poisoning after consuming Baugher’s apple cider. Health officials in Maryland say there are at least seven E. coli cases linked to the cider. Three people had to be hospitalized for their food poisoning. One person may now possibly have Hemolytic-Urenia Syndrome, which a type of kidney failure linked to E. coli poisoning.

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

Here’s why:

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

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

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

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

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

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

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

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

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

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

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

Carbon Monoxide Poisoning

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

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

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

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

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

Bullying

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

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

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

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

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

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

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

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

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

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