Maryland Accident Law Blog

Family Files $5 Million Dollar Wrongful Death Suit Against Delaware-Based Air Ag Inc. For Negligent Use Of Pesticide Spray

June 21, 2006 | Lebowitz & Mzhen

A Maryland family recently filed a $5 million dollar wrongful death suit against Air Ag Inc. and its owner Robert J. Collins for the death of Edward Louis Brittingham in June 2003. The lawsuit claims that Brittingham died after he was exposed to Warrior, a highly toxic pesticide, when the Delaware-based aerial pesticide application company sprayed it onto a wheat field near a residential area in the city of Berlin.

The suit, filed on June 8 in Worcester County on behalf of Brittingham’s widow and five children, alleges that Air Ag Inc. and Collins were negligent because they “knew or should have known that the pesticide being applied was highly toxic and would cause serious injury including death if improperly or negligently applied.”

Causes for filing wrongful death suits in Maryland include:

Sample Of A Products Liability Complaint For Maryland Courts

June 19, 2006 | Lebowitz & Mzhen

The U.S. Consumer Product Safety Commission says that defective products cause more than 29.5 million injuries and close to 22,000 deaths in the US each year.

Some reasons for why a manufactured product might be defective:

– design defects

Issue of Helmet Use Returns To The Spotlight After Pittsburgh Steeler Quarterback Ben Roethslisberger Sustains Injuries In Motorcycle Accident

June 15, 2006 | Lebowitz & Mzhen

The recent motorcycle accident that left Pittsburgh Steeler star Ben Roethlisberger seriously injured is a classic example of what can happen when a motorcycle rider does not wear a helmet and gets into an accident.

Roethlisberger, 24, had to undergo more than seven hours of surgery after his motorcycle collided with a car at a Pittsburgh intersection. The youngest quarterback to ever lead a football team to a Super Bowl Championship fractured his upper and lower jaws, broke his nose, sustained head lacerations, suffered a mild concussion, and lost two teeth while chipping several others. He also sustained multiple abrasions and contusions.

According to The National Highway Traffic Safety Administration, in 2003:

Senate Judiciary Panel Reviews Compensation Bill That Could Remove Asbestos-Related Personal Injury Cases From Courts

June 14, 2006 | Lebowitz & Mzhen

The US Senate Judiciary Committee is discussing changes to the Fairness in Asbestos Injury Resolution Act. The compensation bill offers a plan that would create a $140 billion trust fund that could end up removing asbestos-related personal injury cases from the courts. The fund would be financed from the revenues of companies facing asbestos litigation and their insurers, but some opponents of the bill worry that the fund might not be able to cover all liability claims and that taxpayers could end up paying for them.

Asbestos injuries result when a person who is exposed to dangerous levels of asbestos inhales or ingests asbestos fibers. Asbestos injuries can sometimes arise years after the incidence of exposure.

Job industries where the risk to asbestos is particularly high:

Hagerstown, Ocean City, and Indian Head Report Recent Pedestrian Accidents

June 12, 2006 | Lebowitz & Mzhen

Statistics by the United States Department of Transportation and the National Highway Transportation Safety Administration say that in 2002, over 4800 pedestrians were killed and over 70,000 others were injured in vehicle-related accidents.

On June 6 in Ocean City, Maryland, a female woman in her 20’s suffered head injuries after being hit by a car filled with River Hill, Pennsylvania high school graduates. The pedestrian had failed to use a crosswalk.

In Hagerstown, Maryland, police are blaming an 18-year-old teenager for two hit-and-run incidents that took place on June 3. According to police reports, William Guy IV was driving a Ford Bronco in the wrong direction on I-81 South when he hit a pickup truck and later hit a pedestrian. Guy is said to have left both accident scenes. Police finally apprehended him after his Bronco crashed into a road sign. The pedestrian and two other victims were treated and later released at Washington County Hospital.

Maryland Police Officer Sustains Burns After Police Cruiser Is Hit By A Motorcycle

June 8, 2006 | Lebowitz & Mzhen

Injuries from motorcycle accidents tend to be more severe than those incurred from car accidents. Motorcycle accidents can result in debilitating injuries and even death. In Beltsville, Maryland, at approximately 11pm on Thursday, May 25, a Maryland Police Officer was taken to the hospital with second and third degree burns after a motorcycle crashed into a police cruiser. Police say the motorcycle was allegedly speeding down the 12900 block of Baltimore Avenue when it hit the cruiser. The police vehicle flipped over, landed on top of the motorcycle, and burst into flames. One of the motorcycle riders was critically injured, while the driver of the motorcycle died at the scene.

Statistically, most motorcycle accidents occur at night. The number of motorcycle-related deaths also tends to be higher at this time.

The National Highway Traffic Safety Administration says that in 2003:

Recent Truck-Related Accidents Result In Injuries In Maryland And Washington DC

June 5, 2006 | Lebowitz & Mzhen

Truck accidents involving smaller vehicles or pedestrians often result in more deaths and serious injuries than other vehicle accidents.

– There are over 500,000 truck accidents on US roads each year

– About 5,000 deaths result from truck-related accidents

Maryland Police Promote Safety To Prevent Boat Accidents

June 2, 2006 | Lebowitz & Mzhen

As the boating season begins on Maryland’s waters this year, Maryland National Resources Police (NRP) have been working hard to educate people on practicing boating safety. Over Memorial Weekend, more than 16,000 boaters were checked by the NRP who issued 504 citations and 1846 warnings. They also held a National Boating Safety Week last month to promote safety precautions on a boat.

More than a dozen people die in Maryland each year due to boating-related accidents. In 2005, 14 people died and over 128 people were injured while riding a boat.

Nationally, in 2002, there were almost 6,000 boating accidents that led to 750 fatalities, over 4000 injuries, and over 39 million dollars in property damages.

Maryland Police Enforce Seat Belt Safety With “Click It Or Ticket” Campaign

June 1, 2006 | Lebowitz & Mzhen

Failure to wear a seat belt can sometimes affect the outcome of a personal injury lawsuit. In some states, failure to wear a seat belt can decrease the amount of compensation a plaintiff can receive. In other states, evidence of failure to wear a safety belt cannot be considered when determining the plaintiff’s damages.

In Maryland, more than 120 state law enforcement agencies are cracking down on passengers and drivers who don’t wear safety belts. The “Click It Or Ticket” campaign is part of a nationwide initiative to reduce auto accident deaths and increase Maryland’s 91% safety belt use rate.

State law enforcement groups have set up more than 100 seat belt checkpoints and enforcement zones where individuals not wearing seat belts will be ticketed. Special attention will be paid to safety belt use at night.

Maryland Malpractice Suit Filed By Family After Man Addicted To Painkiller Commits Suicide

May 30, 2006 | Lebowitz & Mzhen

The family of a Bel Air man who committed suicide after becoming addicted to a prescription painkiller is filing a medical malpractice suit against his doctor.

Ken Jones was addicted to OxyContin when he shot himself in the chest on March 2003. The painkiller was prescribed to him by his doctor who was treating Jones for back pain.

Before committing suicide, Jones, then 48, had written a note saying that his doctor knew he was addicted to OxyContin but continued to increase his prescription dosage.