Wrongful Death

National Safety Council calls for nationwide ban on cell phone use while driving

January 13, 2009 | Lebowitz & Mzhen

The National Safety Council wants all US states to ban motorists from using cell phones while driving. NSC CEO and President Janet Froetscher noted that talking on the phone while driving increases a driver’s chances of becoming involved in an auto crash by four times more than if he or she were driving without using one.

Currently, six US states have laws banning the use of hand held cell phones while driving:

• District of Columbia
• Washington
• California
• Utah
• New Jersey
• Connecticut

Seven US States have a ban on text messaging while driving:

• District of Columbia
• Connecticut
• Alaska
• New Jersey
• Washington State
• Minnesota
• Louisiana

While some localities within US states that do not have statewide bans have imposed their own cell phone restrictions, including bans on hand-held phones and text messaging and bans affecting teen drivers and school bus drivers, the states of Kentucky, Florida, Nevada, Louisiana, Oregon, Mississippi, Utah, and Louisiana prohibit their localities from imposing any such bans.

The NSC is quick to point out that just because someone is using a hands-free phone does not mean that he or she is now operating the vehicle safely. According to a Harvard Center of Risk Analysis 2003 study, cell-phone use while driving is a contributing factor in 6% of auto accidents each year. Some 2,600 deaths and 330,000 injuries result from such collisions.

According to a Nationwide Insurance public opinion poll, 81% of US drivers use a cell phone when driving. Froetscher notes that cellular phone use while driving is more dangerous than talking to a passenger who is in the same vehicle. While talking to a real person makes the driver aware that lives are at stake if he or she doesn’t drive safely, talking on the cell phone places the motorist’s attention not on the road and in the present moment but elsewhere.

In addition to pushing for a change in current driving laws, the NSC is advocating more education about the dangers that come from driving with a cell phone, as well as better training.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org, January 12, 2009
Safety council urges ban on cell phone use while driving, CNN.com, January 12, 2009

Related Web Resources:

Maryland Cell Phone Law, DMV.org
Washington D.C. Hands-Free Law, Driving Laws.org
Cell Phone Driving Laws, Governors Highway Safety Association

Prince George’s County Officer Sued for Wrongful Death Following Deadly Maryland Car Crash Will Not Be Prosecuted for Vehicular Manslaughter

January 6, 2009 | Lebowitz & Mzhen

In Maryland, the State’s Attorney for Prince George’s County says that police officer Mario Chavez will not be prosecuted for vehicular manslaughter in the Maryland car accident death of Brian Gray. The 20-year-old Bowie resident died in December 2007 when his vehicle was struck by the police car driven by Chavez, who did receive a speeding ticket for his role in the auto crash.

A police probe placed responsibility for the traffic collision on both Chavez and Gray. Their investigation concluded that Chavez was speeding, driving 50mph in a 20mph area zone, and that Gray, who was coming out of an intersection, pulled out in front of the police officer’s vehicle.

During his deposition, Chavez, 30, said he consumed several drinks the night before the deadly car accident and spent the night at a friend’s house. He was returning home to get ready for work when the auto crash happened early the next morning. Following the fatal motor vehicle collision, Gray’s family sued Prince George’s County and Chavez for wrongful death. They are seeking $2 million.

Maryland Board of Public Works to Pay $500,000 Settlement for Wrongful Death of Prisoner Pepper Sprayed by Police

January 2, 2009 | Lebowitz & Mzhen

In Maryland, the Board of Public Works has approved a $500,000 wrongful death settlement for the family of Ifeanyi A. Iko, an inmate who died in 2004 after being subdued with pepper spray at the Western Correctional Institution. According to the state medical examiner, his cause of death was homicide due to the “chemical irritation of the airways by pepper spray,” the use of a mask on the 51-year-old prisoner’s face, and the manner in which he was restrained.

The Nigerian immigrant was found asphyxiated following an altercation with police when he was removed from his cell, handcuffed at the wrists and ankles, put in a spit-protection mask, and sprayed with pepper. Other prisoners who saw the incident say that prison guards severely beat Iko and used three cans of pepper spray on him.

While an Allegany County grand jury did not indict the correctional officers involved in the pepper spray incident, the prison’s lead investigator in the case has admitted that key evidence, such as wet clothing and video footage, were not preserved. Also, two months after Iko died, the state prison commissioner issued stricter guidelines on pepper spray use. Now, officers need a warden or assistant warden to approve the use of the spray and anytime the spray is used, a full report must be prepared within 24 hours.

Anne Arundel County Settles Maryland Wrongful Death Lawsuit with Family of Naked Glen Burnie Man Shot by Police Officer

December 21, 2008 | Lebowitz & Mzhen

Anne Arundel County has agreed to pay $90,000 to settle the Maryland wrongful death lawsuit filed by the family of Donald Coates. The 20-year-old was shot dead by Anne Arundel County Police Officer Tommy Pleasant in 2005.

Earlier this year, Coates’s family members filed federal and state lawsuits seeking millions of dollars in damages. They claimed that Pleasant, who was a rookie and had been patrolling solo for just a month when the incident happened, acted wrongfully when he shot Coates, who was naked and unarmed at the time.

The shooting incident occurred on May 24, 2005. According to witnesses, Coates had called 911 while he was smoking marijuana in his home. He claimed that someone was trying to kill him. He then fired several shots before leaving the premise.

Maryland Police Targeted in Two Separate Police Brutality Lawsuits

December 15, 2008 | Lebowitz & Mzhen

Two recent Maryland lawsuits have brought the topic of police brutality to the media forefront. Last week, a judge ruled that teenager Eric Bush can sue the city of Baltimore for Maryland personal injury even though he had missed the deadline for letting the city know he intended to sue. The judge said Bush showed good cause for why his notice that there would be a lawsuit was late.

Bush became a YouTube star after footage of Officer Salvatore Rivieri putting the then-14-year-old skateboarder in a headlock and chastising him for calling the cop “dude” was posted on the popular Web site. The altercation took place in 2007 at the Inner Harbor.

Bush says he never heard Rivieri give him an order about skateboarding. Rivieri, a police veteran, was suspended after the video footage of the incident was brought to the Baltimore police Department’s attention.

Baltimore Police Department Sued for $10 Million in Maryland Wrongful Death Lawsuit

December 9, 2008 | Lebowitz & Mzhen

The Owings Mill mother of Damon D. Smith, the Maryland man who committed suicide by jumping from the top of Mercy Hospital, is suing the Baltimore Police Department for wrongful death. Hazella White’s lawsuit seeks $10 million in damages from the police department, the city of Baltimore, and Officer Wilbert Perez.

On October 26, 2007, Smith crashed his motor vehicle on Interstate 795 and was picked up by Maryland state police. A police check determined that Baltimore police were looking for the 27-year-old in connection to his ex-girlfriend Veronica Fludd’s murder. Smith also appeared to have self-inflected injuries.

According to White’s Maryland wrongful death lawsuit, Officer Perez knew that Smith was suicidal yet loosened his restraints before he went to the bathroom. The complaint also contends that Perez had been working too many hours in a row and should have called medical workers.

Teen’s Mother Sues DC Government and Maryland Hospital for Wrongful Death

November 26, 2008 | Lebowitz & Mzhen

In US District Court, the mother of Karl Grimes, the 18-year-old who died from injuries he sustained during a fight with two youths while staying at the Oak Hill Youth Center in 2005, is suing the DC government and Prince George’s Hospital Center in Maryland for wrongful death. Patricia Grimes is seeking $5 million from the hospital for alleged negligent care and $15 million from the DC government for its failure to properly staff and supervise the detention facility.

According to Patricia’s wrongful death lawsuit, Karl was sent to Oak Hill in August 2005 because of a probation violation. He was beaten and knocked unconscious by a number of Oak Hill residents on November 23. The lawsuit contends that city officials knew that the detention center lacked the adequate staffing to properly supervise residents and make sure they were safe. Patricia also claims there was a “significant delay” in getting her son the care that he needed and that he would be alive today if city workers had done their jobs correctly.

After the assault incident, Karl was treated by on-site medical workers before he was taken to Prince George’s Hospital Center. He appeared to be recovering until two days later, when his condition deteriorated. On November 26, Grimes was declared brain dead.

Maryland Woman Dies After State Trooper Hits Her Car, Pushing the Vehicle into a Tractor-Trailer

November 22, 2008 | Lebowitz & Mzhen

A Delmar woman died in Dorchester County on Friday evening after the car she was riding in was pushed into the back of a tractor-trailer by a Maryland state trooper’s car on Eastbound Route 50. Kristin Underkoffler was taken to Dorchester General Hospital where she was pronounced dead.

The 34-year-old driver was sitting in traffic in her 2008 Hyundai when Trooper First Class Paul Zimmerman’s patrol car slid on a patch of ice and struck her vehicle. Zimmerman’s sirens and emergency lights were activated as he headed to an accident scene at the Vienna Bridge.

Underkoffler’s car rotated clockwise before hitting the tractor-trailer’s rear. Zimmeran’s vehicle also struck the truck, but he only sustained minor injuries. He got out of his car to assist Underkoffler until emergency workers arrived at the auto crash scene.

The tractor-trailer driver was not hurt. The Maryland State Police says they still do not know what speed Zimmerman was driving when the crash happened, but a complete investigation is under way. Several other motor vehicle crashes had occurred that day because of ice on the roads.

Speeding and driver distraction are two of the leading causes of United States traffic accidents, and it is the responsibility of all motorists, including working police officers, to make sure that they do not endanger other motorists and pedestrians. Failure to obey the rules of the road and pay attention to pedestrians and other drivers can be grounds for a personal injury claim or wrongful death lawsuit if someone gets hurt or dies.

According to the National Highway Traffic Safety Administration, 314 people died during police chases in 1998. 2 victims were cops, 198 victims were the objects of pursuit, and 114 victims were not directly involved in the police chase.

Md. state police: Woman dies in crash with trooper, Examiner.com, November 22, 2008
Delmar woman dies after state trooper strikes her idling car, Baltimore Sun, November 22, 2008
High-speed police pursuits: dangers, dynamics, and risk reduction, Bnet.com, July 22, 2002

Related Web Resources:

Maryland State Police

Car & Driving Safety Tips, Nationwide.com

Maryland Family Awarded $5.8 Million for Dermatology Malpractice Leading to Man’s Skin Cancer Death

November 19, 2008 | Lebowitz & Mzhen

In Maryland, a Montgomery County Circuit Court jury has ordered the practice of Silver Springs Dermatologist Dr. Norman Ansel Lokshin to pay the surviving family members of Richard Semsker $5.8 million for dermatology malpractice.

Semsker died of skin cancer in October 2007. The Rockville resident had sought treatment from Dr. Lockshin’s practice. According to his family’s Maryland wrongful death lawsuit, Dr. Lokshin first detected a mole on Semsker’s lower back during a 1998 checkup. Lokshin contacted Semsker’s primary care physician, Dr. Lawrence Marcus, and recommended that the mole be removed. The mole was not removed.

In 2004, Semsker went back to Dr. Lokshin’s practice and was seen by Dr. Michael Albert, who was working at the practice part-time. Dr. Albert recommended that an atypical mole and two cysts be removed from Semsker’s upper back. However, he recommended that the same mole that Lokshin first detected on Albert’s back six years ago only be monitored because he believed that it wasn’t cancerous. Albert had just started working at the dermatology practice and he didn’t know that the mole had grown twice in size.

Deadly Maryland Car Crash Could Have Been Prevented if Police Had Arrested the Driver for Leaving Another Accident Scene Less than Two Hours Prior

November 13, 2008 | Lebowitz & Mzhen

A Maryland car crash that led to the deaths of Katherine Brady and her son Wilson in Harford County last Friday could have been prevented if police had arrested the driver accused of causing the accident for fleeing the scene of another motor vehicle collision less than two hours prior, reports the Baltimore Sun.

While police maintain that they acted appropriately when they issued Christopher Lentz a summons after he failed to stop at the scene of the first auto crash he was involved in that day (leaving a traffic crash scene is not a mandatory arrestable offense in Maryland), others are questioning why he wasn’t arrested.

The first auto accident took place on Route 152 in Joppa at around 3:30pm when Lentz allegedly drove across the center line and struck a minivan. Seven children who were in the minivan at the time of the traffic crash were transported to a hospital for evaluation.

The 37-year-old Glen Arm motorist then reportedly kept driving for half a mile until his vehicle became disabled. Police charged him with failure to stop at an accident scene, failure to drive right of center, failure to provide the other motorist with insurance information, and failure to control the speed of his car to avoid a crash.

Some 90 minutes later, Lentz, who was driving another motor vehicle, crashed a 2004 Jeep Cherokee SUV head-on into a mini-van on the Bel Air Bypass. Katherine Brady and Wilson, 8, died in the accident. Her husband Stephen, 2-year-old son Ian, another motorist, and Lentz were taken to hospitals for treatment of their injuries.

Lentz has a record of previous driving offenses. He has been issued a number of speeding tickets and his license has been revoked once and suspended at least twice. Thirteen years ago, he was convicted for driving under the influence.

Police say that they will likely charge Lentz for his involvement in the second crash.

Driver could have been arrested before fatal crash, Baltimore Sun, November 13, 2008
Maryland Mother and Her Son Are Killed and Four Others Are Injured in Multi-Vehicle Crash on Bel Air Bypass in Harford County, Lebowitz & Mzhen, November 9, 2008

Related Web Resources

Wrongful Death, Justia