Maryland Accident Law Blog

Family of Baltimore Bicyclist Settles Maryland Tanker Truck Accident Lawsuit Over His Wrongful Death

December 2, 2010 | Lebowitz & Mzhen

The family of John R. “Jack” Yates has settled their Baltimore truck accident lawsuit with Potts & Callahan Inc. and tanker truck driver Michael Dale Chandler. Yates, 67, died on August 4, 2009 when his bicycle got stuck in the truck’s large wheels. The terms of the Maryland wrongful death lawsuit are confidential.

Yates’s family had initially sought $5 million from the defendants. They had accused the excavation, demolition, and equipment rental company for negligence. Investigators, however, found that Yates was at fault in the Baltimore bicycle accident and charges were not filed against the trucker, who failed to stop at the Maryland truck crash site. Police did not think that Chandler knew he had struck Yates.

However, the family’s Maryland wrongful death lawyer has called the investigation “one of the sloppiest” involving a death that he has seen in a long time. He claims there was evidence that Chandler failed to signal before turning and that this was not included in the police report. Also, the intersection where the crash happened had two large signs warning that there were bicyclists in the area.

72-Year-Old Hagerstown Woman Dies from Maryland Car Accident on Interstate 70

November 30, 2010 | Lebowitz & Mzhen

Olga Liselotte Melton, a 72-year-old Hagerstown woman, was killed in a Maryland traffic crash on Saturday night on Interstate 70. Melton was riding in the front seat of a car driven by Helmut John Frick when their vehicle struck an unattended auto at around 11:19 pm.

Also on Saturday, 25-year-old Jayant Prasad Singh was killed when the Honda Accord he was a passenger in struck a tree at around 2am. The car driver, 25-year-old Rahul Sharma, was flown to Baltimore for treatment of his non-life-threatening injuries at R. Adams Cowley Shock Trauma Center.

In other Maryland accident news, a Waldorf man died from injuries he sustained on Friday when his Toyota Camry hit the bed of a tow truck that was crossing US 301. The truck’s flatbed had been partially blocking a lane as the truck driver was turning right when the collision happened. The driver of the Toyota, 73-year-old Stanley Harten Wallace, was ejected from his car. He was later pronounced dead.

Salmonella Outbreak at Frederick County, Maryland Nursing Home Strikes 8 People

November 24, 2010 | Lebowitz & Mzhen

The Frederick County Health Department says that eight people recently fell ill with Salmonella at the Homewood at Crumland Farms nursing home. One person who had to be hospitalized after developing Salmonella died afterward. The assisted living facility’s nursing home director says that the death was caused by other health issues.

Salmonella

This microscopic bacteria can be spread through food and feces and from person to person. Eating poultry or meat that wasn’t cooked at the right temperature can cause Salmonella. Although generally a non-life threatening condition, it can exacerbate existing health issues and can be very dangerous for infants, young kids, pregnant women, unborn babies, people with weakened immune systems, and older adults. Signs of Salmonella include fever, diarrhea, and stomach cramps.

It is important that Maryland nursing home make sure that their kitchens are clean and satisfy all safety and health regulation and that food, drink, and produce are properly handled, stored, prepared, and cooked. In the event that a nursing home resident gets sick, develops health issues, and/or dies from Salmonella or from other food-related bacteria and the contamination could have been avoided were it not for negligence, carelessness, or recklessness, the patient may have grounds for a Frederick County nursing home negligence case.

About 400 people die a year from acute salmonellosis.

Salmonella outbreak sickens eight at Frederick nursing home, Frederick News Post, November 24, 2010
Frederick nursing home hit with 8 salmonella cases, Washington Examiner/AP, November 24, 2010
Salmonellosis, CDC
Related Web Resources:
Salmonella Questions and Answers, USDA

Maryland Nursing Home Lawyer Blog

$1.5 Million Maryland Personal Injury Lawsuit Filed Against Howard County Following Alleged Physical Assault by High School Assistant Football Coach

November 16, 2010 | Lebowitz & Mzhen

Dan Mason is suing Howard County’s Board of Education for Maryland personal injury. Mason, whose son Nicholas “Neko” Rynn-Mason used to play football at Oakland Mills High School in Columbia, Maryland, claims that assistant football coach Brian Henderson physically assaulted him during a football game at the school. Mason is seeking $1.5 million.

In his Howard County personal injury complaint, Mason is alleging 10 counts, including negligence, defamation, and assault and battery. He claims that in October 2009, he and other game attendees were seated behind the Oakland Mills bench and making comments about the team’s play when, at one point, Henderson engaged him in a verbal altercation before charging at him. Two school officials reportedly had to restrain the assistant football coach. Mason says that when he later tried to give Henderson a box of Girl Scout cookies after the game the assistant coach ran at him again. This time, he allegedly made minor contact before he was again restrained.

The school later issued a denial-of-access notice against Mason barring him from the high school for a few weeks. Mason also contends that in November of 2009, after a classmate commented that his son was drunk, Neko was suspended for five days.

Update: Question 2 on the Maryland Ballot Passes

November 15, 2010 | Lebowitz & Mzhen

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.

Carroll County, Maryland Injury Lawsuit Seeks Damages for E.Coli Infection from Unpasteurized Apple Cider

November 11, 2010 | Lebowitz & Mzhen

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.

Man Assaulted at Westport Light Rail Station in Baltimore, Maryland Dies From Injuries

November 8, 2010 | Lebowitz & Mzhen

The 44-year-old man who was physically assaulted at the Westport light rail station last month has died from his Baltimore injuries. Winslow Thomas, who managed to walk to a home after the attack on October 22, received treatment at Maryland Shock Trauma for blunt-force injuries and cuts. He died on November 3.

Unfortunately, crimes at light rail, train, and subway stations do occur. This is why their premise owners and supervisors must exercise the proper safety precautions to prevent such incidents from happening. Security personnel, surveillance cameras, alarm systems, and proper lighting are examples of possible safety precautions that can be implemented to discourage/prevent robberies, sexual assault, physical assault, and murder from happening.

It was just in August that our Washington DC personal injury law firm reported on a brawl involving 70 people that started in a rail car before continuing on a L’Enfant Plaza Station platform. Not long after that two adults were assaulted on a Green line train.

Even if the property owner did not directly cause a crime to occur on a premise, liability can still be found if the owner should have and could have acted to prevent the incident from happening.

Baltimore Premises Liability

Crimes on a premise are not the only potential danger that can occur on a premise. Premises liability cases have been brought against a property owner by those who have been injured in Maryland slip and fall accidents or because of falling merchandise, inadequate maintenance, defective conditions, or other hazards that caused personal injury or wrongful death.

Man, 44, who was beaten at light rail stop dies, Baltimore Sun, November 5, 2010
DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 27, 2010
Related Web Resources:
Premises Liability, Justia
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

Maryland Car Crash on Route 113 Kills Four People and Injures Five Others

November 4, 2010 | Lebowitz & Mzhen

A catastrophic Maryland multi-vehicle vehicle accident on Route 113 on Monday afternoon has claimed the lives of four people from the same family. They are Carmelo Dominguez, 53, his wife Evelyn Morales, 48, daughter Natasha Dominguez, 23, and grandson Jose Dominguez, 2.

All four car crash victims were traveling in a Nissan Cube, which witnesses say was moving at a fast speed and passing other vehicles while in no-passing zones. Police say that right before 5 p.m, Dominguez, who was driving the Cub, tried to pass a tractor-trailer. During this attempt, the Cube hit a Honda CRV, which caused the Nissan to “catapult upward” and strike the side of the semi-truck. The cube then landed on top of a 2004 Volkswagen Jetta.

Police say that according to preliminary findings the Newark, Maryland traffic accident was caused by improper passing, driving at a fast speed, and aggressive driving. They also believe that no one in the Cube—there were seven people in the vehicle—had been using child safety seats and seat belts.

Injured in the Maryland auto collision were the other three people who were in the Cube—Dominguez’s daughter Christina Dominguez, 25, and grandchildren Christina Gonzalez, 9, and Yasmine Dominguez-Astacio, 4—and the drivers of the other vehicles—Mary M. Jones, 41, and Daniel H. Nelson, 23, who has been in critical but stable condition.

Seat Belt Use

It goes without saying that using a seat belt or child safety seat can save lives and prevent catastrophic car crash injuries. Fortunately, more people are now using seat belts. According to the National Highway Traffic Safety Administration, this year, seat belt use has gone up 1% from (2009) and is now at 85%.

NY family unbelted in fatal Route 113 crash, DelmarvaNOW, November 3, 2010
Md. State Police: 4 dead in multi-vehicle crash
, Associated Press, November 1, 2010

Seat Belt Use in 2010, NHTSA, September 2010 (PDF)

Related Web Resources:
Maryland Department of Transportation

Frederick County, School Bus Crash Involving Injuries Went Unreported, Say Maryland State Police

October 28, 2010 | Lebowitz & Mzhen

Maryland State Police are investigating a Frederick County traffic crash between two school buses onThursday that they say went unreported. A number of school children reportedly sustained injuries.

According to the authorities, a Littlestown School District bus collided with another district bus at around 3pm. A number of third graders that had been headed back to Littlestown Rolling Acres Elementary after a field trip to Washington DC were later taken to hospitals by their parents. Injuries sustained ranged from minor bruises to possible bone fractures and concussions. One student lost a tooth. Another student suffered a bloody nose.

The school bus drivers reportedly discussed the collision with each other and notified district staff about the incident before leaving the Maryland bus accident site. At the time, the bus drivers reportedly did not realize that any of the students had been hurt.

According to the Gettysburg Times, a number of the students’ parents have expressed dismay with how the Maryland school bus accident was handled. They are wondering why police and ambulances were not called to the crash site immediately, whether the bus drivers had been given a plan for what to do during a traffic, and, if so, then why the plan wasn’t followed.

One parent says that chaperones who were on the bus when the crash happened were surprised when the bus driver resumed driving before help could arrive. Another parent says that someone on the bus called for help but that somebody else cancelled the request. Someone else says that one of the bus drivers had been tailgating. Parents were reportedly told that it was up to them to determine whether their child needed medical care and to make sure that he/she received it.

Buses collide, pupils injured, Gettysburg Times, October 22, 2010
Investigation continues into school bus crash near Frederick, WTOP, October 23, 2010
Related Web Resource:

Federal Motor Carrier Safety Administration, Large Truck and Bus Crash Facts

Two Dead from Havre De Grace Fire at Harford County, Maryland Apartment Building

October 25, 2010 | Lebowitz & Mzhen

A second person has died from injuries sustained during a fire in Havre de Grace, Maryland. The victim is 70-year-old Helen Bernice Logan. She died of smoke inhalation.

The deadly fire broke out at about 4:30am last Tuesday in Logan’s apartment. Some 25 firefighters were called to quell the fire, and they were able to keep the flames contained to her unit. Logan’s companion, 60-year-old Keith Richard Dowden, died at the accident site.

Investigators say that the fire started in Logan’s apartment, which is located in a Victorian-style building that had been converted into several rentals. A male resident from one of the other units was transported to the hospital for treatment of mild smoke inhalation. The cause of the fire is not yet known.

The apartment building had working smoke alarms, but it unclear at this time whether the one in Logan’s unit were working. Approximately 10 people have been displaced by the fire.

Apartment Fires

If you or someone you love was injured in a fire at an apartment complex or another common-living environment, it is important that you explore your legal options as you may have grounds for a Baltimore premises liability claim or another type of Maryland injury case. The owner of the building and/or the management company may have acted negligently so as to create (or fail to remove) a fire hazard on the property that placed people’s lives at risk. There also may have been a defective smoke alarm, fire alarm, or another appliance or item that could have caused the blaze. The condition of the building may not be up to current fire safety code standards. Or, there may be another party that acted carelessly or recklessly, such as a negligent tenant, visitor, or maintenance worker/company.

Maryland burn injuries can be very painful and medical and recovery expenses can be very costly.

Woman dies of injuries suffered in Md. fire, WTOP, October 20, 2010
Man, 60, dies in Havre de Grace fire, The Baltimore Sun, October 19, 2010
Related Web Resources:
Burns, MedlinePlus
Apartment Fires, WhatHappensNow