Maryland Accident Law Blog

Defendant’s Shoes Included in Anne Arundel County Wrongful Death Settlement Over Deadly 2009 Beating of Crofton Teen

May 9, 2011 | Lebowitz & Mzhen

The parents of Christopher Jones have settled their Maryland wrongful death case with five of the six teenagers accused of involvement in his fatal assault. Jones, 14, died in May 2009 when he was beaten while riding his bike in Crofton. Two teens pleaded guilty to manslaughter over the deadly beating while several others who allegedly involved were not criminally charged because they did not actually hit Jones.

Although the terms of the Anne Arundel County wrongful death settlement are confidential, what is known is that one of the teen defendants in the civil case, Eric Ali, was asked to hand over his new sneakers as part of the agreement. Ali was among those who were never criminally charged in the case. However, according to the Baltimore Sun, Jones’ mother Jennifer Adkins says that she wanted Ali to say that she’d taken the shoes from his feet.

One of the teens who did plead guilty, Javel George, was not a defendant in the civil lawsuit. The Jones family’s attorney said it was unlikely they would have been able to ever get anything from George, who has no assets.

FDA Warns that Topamax May Increase Risk of Oral Birth Defects

May 4, 2011 | Lebowitz & Mzhen

According to the Food and Drug Administration, babies born to moms who used Topamax while pregnant are at greater risk of being born with a cleft palate or a cleft lip. The government agency says that medical professionals should warn patients in the childbearing age range that the drug, used to treat epileptic seizures and prevent migraine headaches, could cause oral birth defects. If your child was born with a cleft palate and you were taking Topamax (or one of its generic versions) while pregnant, you should contact our Owing Mills products liability lawyers right away.

Data from the North American Antiepileptic Drug (AED) Pregnancy Registry shows that the risk or oral clefts can go up if the baby is exposed to Topamax (topiramate) during the first trimester of pregnancy. Exposure to topiramate as a single therapy upped the prevalence of oral clefts by 1.4%. The prevalence for infants exposed to other antiepileptic drugs was .38-.55%. The prevalence for infants of moms who did not take any antiepileptic medication was .07%.

FDA says topiramate should be accompanied by a stronger warning and it will now fall under the Pregnancy Category D, which indicates a positive evidence of human fetal risk. However, a person currently taking the drug shouldn’t stop without first talking to his or her doctor.

The Cleft Palate Foundation says that 6,800 babies with an oral birth defect annually. That’s one out of every 594 newborns.

Not only can a cleft palate severely alter someone’s appearance, but it can also result in speech defects, teeth misalignment, ear infections, digestion problems, and feeding issues. A child may have to undergo multiple surgeries to repair the birth defect. Costly speech therapy and orthodontic work may also be required.

FDA: Risk of oral birth defects in children born to mothers taking topiramate, FDA, March 4, 2011
Topamax, NIH.gov
Related Web Resources:

Cleft Palate Foundation

Topamax

More Blog Posts:
Botox May Get Rid of More than Wrinkles, Says New Study, Washington DC Injury Lawyer Blog, May 23, 2011
Roche Loses Drug Litigation Lawsuit and Is Ordered to Pay Almost $13 Million to Three Accutane Users, Maryland Accident Law Blog, December 11, 2008
Supreme Court Hears Arguments in Drug Litigation Lawsuit Pitting Wyeth Against Woman Who Lost Her Arm After Taking Anti-Nausea Drug Phenergan, Maryland Accident Law Blog, November 7, 2008

Two Brothers Dead, Another Injured in Maryland Boating Accident

April 30, 2011 | Lebowitz & Mzhen

Brothers John W. Sowers, 64, and Stephen R. Sowers, 67, were killed on Friday in a Maryland boating accident when the fishing vessel they were in sank on the Chesapeake Bay off Breezy Point. The two men had gone out fishing with their brother Robert Sowers and John’s son-in-law, Matt Hinkle, when the boat lost power as the waters got rough. Afer getting hit by a large wave, the 25-foot vessel began filling with water and capsized.

The men were only able to avail of three of their life vests. Hinkle swam 1½ miles toward shore to get help, while someone came buy and picked up Robert. The two men were treated for hypothermia. Meantime, a Maryland State Police chopper helped find the other two Sowers brothers in the water. They were pronounced dead at Calvert Memorial Hospital. The boaters were in water with a temperature of about 50 degrees for over two hours.

Maryland Boating Accidents

Rough waters and unpredictable weather conditions can cause tragic boating accidents. In some cases, human negligence may also have been a factor, which is where an experienced Baltimore boating accident law firm should step in.

Other common causes of Maryland boating accidents:
• Operator inattention
• DWI
• Boat malfunction or parts defect
• Equipment failure
• Speeding
• Boater inexperience
Examples of boating accidents:
• Capsizing
• Boat collisions
• Falls overboard
• Slip and fall
• Boat fire or explosion
• Sinking
2 York County men die in boat accident in Md., YDR, April 23, 2011
2 men die after boat capsizes in Chesapeake Bay, The Baltimore Sun/AP, April 25, 2011

Related Web Resources:

US Coast Guard Home Page

Maryland Department of Natural Resources

Boat Accidents, Justia
More Blog Posts:
Maryland Boating Accident: Teenager Seriously Hurt While Trying to Dock a Personal Watercraft, Maryland Accident Law Blog, June 7, 2009
US Coast Guard Suspends Search for NFL Players Who Were Lost After Boat Capsized, Maryland Accident Law Blog, March 3, 2009
US Coast Guard’s 2007 Recreational Boating Statistics Reports 10 Deaths in Maryland, Maryland Accident Law Blog, March 3, 2009

Transgender Woman Attacked at McDonald’s in Baltimore Says She Was Victim of “Hate Crime”

April 27, 2011 | Lebowitz & Mzhen

Chrissy Lee Polis, a transgender woman, was brutally assaulted at a Baltimore McDonald’s in Maryland. Polis, 22, says she was the victim of a “hate crime” and that this is not the first time she has been attacked.

She says that this latest Baltimore injury incident happened on April 18 at a McDonald’s in the Rosedale suburb. In an interview with the Baltimore Sun, Polis claims that two females attacked her after she came out of the restroom. She says that they kicked her, ripped her hair, spit in her face, and threw her to the ground. One woman allegedly accused Polis of talking to “her” man.

The attack was captured on video by someone since identified as Vernon Hackett, a McDonald’s employee. The footage was posted online. Hackett can be heard in the background laughing while other workers are seen standing around. Hackett has since been fired.

Montgomery County Premises Liability: Nordstrom Ordered to Pay Nearly $1.6M to Two Women Injured in 2005 Bethesda Mall Stabbing

April 21, 2011 | Lebowitz & Mzhen

A Maryland jury has ordered Nordstrom to pay Jacqueline Greismann and Sarah Paseltiner nearly $1.6 million in Montgomery County personal injury damages. The two women were injured on May 25, 2005 when they were stabbed by a woman wielding four butcher knives at the Nordstrom in the Westfield Montgomery Shopping Mall in Bethesda.

Their assailant, Antonia Starks, is a paranoid schizophrenic who is now at a Maryland psychiatric hospital. She had been released from prison just the day before she entered the mall and started chasing shoppers. Both Paseltiner and Greismann were stabbed multiple times.

The plaintiffs contend that Nordstrom failed to attempt to evacuate the store or adequately warn shoppers that Antoinette Starks was armed and on the loose. Greismann’s attorney contends that even though the store has an emergency manual, it did not adequately train its workers on how to follow it.

$40M Baltimore Wrongful Death Lawsuit Filed Over Fatal Maryland Motorcycle Crash Involving High-Speed Police Pursuit

April 16, 2011 | Lebowitz & Mzhen

The mother of Haines Holloway-Lilliston is suing the city of Baltimore and Police Officer Timothy Everett Beall for Maryland wrongful death. Holloway-Lilliston died last year in a Baltimore motorcycle accident that occurred during a high-speed police chase. Now, Connie Holloway-Johnson is seeking $40 million.

Holloway-Johnson believes that her son’s death was caused by Beall, who, per an investigation report by he Maryland State Police, kept following the 27-year-old even after he was ordered to “end the chase” and he had turned off is siren and lights. Distracted by radio communication and his telephone, Beall’s police car rear-ended Holloway-Lilliston, whose body ended up bouncing off the vehicle. These findings are counter to what Beall told investigators when he said that the motorcyclist “crashed out in front of him.” No criminal charges have been filed against Beall.

Police Pursuits

Baltimore’s Public Housing Authority Says It is “Not Possible” To Pay Judgments in Maryland Lead Poisoning Cases

April 11, 2011 | Lebowitz & Mzhen

The Housing Authority of Baltimore City says it is “not possible” to pay almost $12 million in existing Maryland lead poisoning judgments. According to City Housing Commissioner Paul T. Graziano says that the agency just cannot afford to pay.

The nearly $12 million is for nine court judgments, and the housing authority is still facing 175 Baltimore lead paint cases, which could up the amount the city owes for these claims to $800 million. Some lawmakers are outraged the city’s response.

Although Maryland’s lead law, which was passed in the 1990’s, has decreased the number of lead poisoning incidents that occur each year—the lead risk reduction law mandates that owners of rental units constructed before 1950 fix them to reduce lead exposure risks—incidents of lead poisoning are still diagnosed on a regular basis. According to a 2010 report by the state’s Department of the Environment, more than 500 kids under the age of 7 were diagnosed with lead poisoning in 2009. 347 of the cases were in Baltimore, the leading city for exposure to lead because of the age of the city’s housing. There are still homes and building that have lead paint on windows, walls, or molding—even if they have been painted over.

Lead paint on a property is a hazard and can be grounds for a Baltimore personal injury lawsuit if injuries or illness result. Young kids are especially at risk of serious harm from exposure to lead paint, which can affect physical and mental development and in certain cases lead to death. Adults are also prone to injuries from lead poisoning.

Serious lead poisoning side effects:
• Learning difficulties
• Developmental problems
• Decrease in mental functioning
• Mood disorders
• Muscular weakness
• Miscarriage
• Lower sperm count
• Memory loss
Baltimore’s Housing Authority Says It Can’t Afford To Pay For Lead Paint Poisoning Claim, CBS Local, April 5, 2011
Officials focus on gaps in lead paint law, Baltimore Sun, August 27, 2010
Related Web Resources:
Lead in Paint, Dust, Soil, Environmental Protection Agency
Lead Poisoning, Mayo Clinic

Baltimore Housing

More Blog Posts:
Maryland Jury Awards $2.5 Million Baltimore Lead Paint Verdict to Siblings, Maryland Accident Law Blog, November 5, 2009
Hundreds of Washington DC Children May Have Been Exposed to High Levels of Lead in City’s Tap Water, Washington DC Injury Lawyer Blog, January 27, 2009
Lead Paint Discovered on Washington D.C. Park Fence Near Where Hundreds of Kids Play, Washington DC Injury Lawyer Blog, September 20, 2007

Johns Hopkins University Student Who Sustained Maryland Brain Injury in Baltimore Bicycle Accident is Not Expected to Recover

April 5, 2011 | Lebowitz & Mzhen

According to an email from Johns Hopkins University’s School of Engineering Dean Nicholas Jane, 20-year-old student Nathan Krasnopoler is not expected to recover from his brain injury that he sustained when he was injured in a Baltimore bicycle accident on University Parkway last month. Krasnopoler has been in a coma since the February 26 traffic crash, when a driver abruptly turned into the marked bike lane where he was riding.

Per a statement by Krasnopoler’s family, his brain damage “appears to be permanent” and it is not likely that he will regain any “cognitive function.” They have filed a $10 million Baltimore brain injury lawsuit against Jeanette Marie Walke, the 83-year-old driver that hit him. Walke has not been charged over the Maryland bicycle accident. However, plaintiffs’ attorneys contend that she violated a number of traffic laws when the collision happened.

Per the complaint, Krasnopoler wasn’t able to prevent his bike from hitting the passenger side of Walke’s vehicle as it turned. Her car then ran over him, pinning him. In addition to his Maryland brain injury, which occurred not from the impact of the crash but because his brain was deprived of oxygen when his lungs collapsed, Krasnopoler sustained serious burns because Walke allegedly left the engine on when her car was on him. Krasnopoler also suffered eye damage, facial fractures, and broke his ribs and collarbone. He went into cardiac arrest while the ambulance was dring him to the hospital.

$10M Montgomery County Wrongful Death Lawsuit Accuses Police of Excessive Use of Force

March 29, 2011 | Lebowitz & Mzhen

The family of Emmanuel O. Okutuga wants the Montgomery County Police Department to pay them $10 million for his Maryland wrongful death. The 26-year-old Bowie State University student was fatally shot by police in Silver Spring outside the City Place Mall on February 19.

Officer Christopher Jordan had gone to the mall after reports that Okutuga had assaulted a security guard. Police say that Jordan shot Okutuga twice after the latter refused to drop the ice pick he was wielding.

Okutuga’s family contends that the shooting was unjustified. In their Montgomery County police brutality complaint, they say that witnesses testified that he did not advance on the officer or threaten him or any civilians who were there.

7-Year-Old Girl Injured in Dundalk, Maryland Dog Attack Sustained Severe Facial Injuries

March 26, 2011 | Lebowitz & Mzhen

According to the mother of Amanda Mitchell, the 7-year-old girl will likely have to undergo several surgeries for the severe facial injuries she sustained when she was attacked by two American Bull Dogs earlier this month. The two dogs have been put down.

Baltimore County Police say that Mitchell was riding her bicycle when the two dogs got out of a neighbor’s yard and attacked her. On ABC2news.com, her mom Shelda Lambert is quoted as saying that her daughter’s “whole face ripped away.” Lambert also got hurt during the Maryland dog attack as she tried to fight the dogs off her daughter.

While no criminal charges are being filed against Tina Baker, the dog’s owner, she has been fined $3,600 over numerous citations.

Facial Injuries and Dog Bites

According to the California Surgical Institute, dog bites are the cause of about 44,000 facial injuries annually. 60% of the victims are usually small kids. Because of their small size and height, kids’ faces are easy for dogs to reach. Examples of dog bite injuries to the face:

• Fractures
• Eye damage
• Puncture wounds
• Nerve damage
• Jaw injuries
• Scarring
• Disfigurement

Each state has its own law when it comes to holding a dog owner liable for injuries inflicted by an animal. Dog owners can be held liable for a Maryland dog attack by a dog considered dangerous. A dog doesn’t need to have injured anyone before to fall under the dangerous dog category. Aggressive behavior alone can be a sign that the animal may pose a danger to others.

Dogs Attack Baltimore County Girl, WBALTV, March 13, 2011
Dog owners defend pit bulls after an attack on a 7-year-old girl, ABC, March 14, 2011
Related Web Resources:

Dog Bite Prevention, Centers for Disease Control and Prevention

Dog Bites, Nolo
More Blog Posts:
Maryland Dog Bites off Part of Anne Arundel County Police Officer’s Ear, Maryland Accident Lawyer, November 3, 2008
Pit Bull Attacks 18-Month-Old Maryland Boy at Day Care Home in Aberdeen, Maryland Accident Lawyer, August 20, 2008
East Baltimore Woman Is Victim of Pit Bull Attack, Maryland Accident Lawyer, June 26, 2007