Maryland Accident Law Blog

Anne Arundel County and Odenton Volunteer Fire Company Settle Sex Abuse Lawsuit Filed by Two Ex-Volunteer Firefighters

May 26, 2009 | Lebowitz & Mzhen

In Maryland, Anne Arundel County and the Odenton Volunteer Fire Company have agreed to pay $175,000 (and reasonable legal fees) to two men who claim that a former president of the volunteer fire department molested them. The county and the fire company, however, continue to deny the allegations that Louis D’Camera sexually abused the two men and that other supervisors covered up the incidents. An attorney for the county says the settlement is to avoid the expense of further litigation that could result from the ex-volunteer firefighters’ Maryland sex abuse lawsuit that was filed in US District Court in Baltimore last year.

The two men say they were 16 and 19 when the alleged abuse incidents started. The ex-firefighters claim that D’Camera made them take off their clothes and sit on his lap on a number of occasions while he berated them about their poor performance at school and at the station. The older victim, who is now 25, says the former fire department president forced him to masturbate and touched him inappropriately at least 12 times over a 2- year period. D’Camera killed himself in 2005 after police found him with a male prostitute.

The plaintiffs say they reported the alleged Anne Arundel County sex abuse incidents to supervisors who rebuffed them. The older victim said he reported what was happening to him as early as late 2003 or early 2004, and on more than one occasion, but no one contacted police until right before D’Camera’s suicide. The supervisors claim they didn’t feel they could report the incidents until Baltimore City Police caught D’Camera with the hooker.

Maryland Car Accident Lawyers: 508,000 Marylanders Will Drive 50 Miles or More This Memorial Day Weekend, Says AAA

May 21, 2009 | Lebowitz & Mzhen

According to AAA Mid-Atlantic, about 83% of the 609,000 Marylanders traveling 50 miles or more over the Memorial Day weekend will travel by car—that’s 508,000 motor vehicle riders. A decrease in local gas price is one of the reasons cited for an increase in road travelers from last year. Air travel is also expected to increase this year by 7%. Another reason cited for this rediscovered travel bug is that a poor economy has forced hotels, cruises, airlines, and car rental companies to lower their prices.

With more people getting into their cars and heading toward vacation destinations and family reunions, the roads will likely be more crowded this weekend. Traffic and the excitement and rush to arrive at a specific location can create a less relaxed travel climate that can increase the chances that a motorist might become involved in a catastrophic Maryland car accident.

Here are a number of safe driving tips to help you navigate your way through the Memorial Day weekend:

• Make sure you have your maps organized and travel routes planned before leaving.
• Check the Internet, listen to the radio, or watch TV to see where there may be traffic backlogs that you can avoid.
• Make sure that your car is in proper working condition before you head out.
• Have a roadside emergency kit with you.
• Get plenty of rest before you drive.
• Give yourself plenty of time to arrive at your destination.
• Take periodic breaks while driving so you don’t get lethargic or drowsy.
• Don’t speed.
• Obey traffic laws.
• Don’t talk on the cell phone or text message or read maps while driving.
• Drive defensively.
• Don’t drive drunk.

• Keep emergency numbers at your disposal.

More Marylanders to hit the road this weekend, Baltimore Sun, May 21, 2009
Related Web Resources:
AAA Mid-Atlantic
MD Roads

18-Year-Old Gets $2 Million Maryland Lead Paint Award for Injury Lawsuit

May 20, 2009 | Lebowitz & Mzhen

A jury has awarded 18-year-old Lakia Roberts $2 million for her Maryland lead paint lawsuit. Roberts was exposed to lead paint during the first six years of her life at the Baltimore rental where she lived.

Her Maryland personal injury lawsuit, filed along with her mother, Learland D. Clark, contended that she suffered from lead poisoning after she ingested paint flakes and chips in their Baltimore rental. As a result, they claim that the teenager experienced a 10 to 12 point loss in IQ and suffers from severe cognitive deficits. The two of them filed their lawsuit in Baltimore City Circuit Court.

The jury found that the home’s landlord, Attsgood Reealty, failed to remove the toxic paint that was peeling off the plaintiffs’ home walls, as well as failed to properly maintain the property. They awarded Roberts and Clark $1.5 million in non-economic damages and $500,000 in economic damages. Maryland’s cap on damages, however, reduces the plaintiffs’ non-economic damages to $350,000—the maximum amount that was allowed under state law in the early 90’s when the plaintiffs had their cause of action. This reduces the plaintiffs’ total judgment to $850,000.

Maryland Motorcycle Accidents: Safety Awareness Month Promotes Safe Driving Habits to Decrease Traffic Injuries and Deaths

May 18, 2009 | Lebowitz & Mzhen

Motorcycle Safety Awareness Month is a time when law enforcement and highway safety officials throughout the various US states, along with the federal government, take steps to remind motorcyclists and drivers that they must share the roads safely with one another. The month of May kicks off a period of the year when more Maryland motorcycle riders will get on their bikes now that the weather is getting warmer.

Other groups also getting behind the efforts by traffic and safety officials to prevent Maryland motorcycle accidents are the Maryland Motor Truck Association and the Abate of Maryland. Together, they are reminding car drivers, truck drivers, and bus drivers that due to a motorcycle’s smaller size, this type of vehicle can easily get lost in a larger motor vehicle’s blind spot or get covered behind trees, bushes, and fences.

Of the 5,154 US motorcycle deaths that occurred in 2007, 88 of them were Maryland motorcycle deaths—a definite increase from the 58 Maryland motorcycle fatalities that happened in 2003. One reason for this is that motorcycle use has grown in popularity throughout the state.

According to a 2008 Examiner.com news article, more than 1,000,000 motorcycles have been sold in the last six years. The higher cost of gas over the past couple of years may be one of the reasons that more people have opted to ride motorcycles. A motorcycle averages 50mpg, which is twice the mpg of many cars.

AAA Offers the Following Safety Suggestions for Motorists Sharing the Roads with Motorcycles:

• Be on the look out for motorcycles, as well as cars and pedestrians.
• Allow motorcyclists the same driving privileges that you have, including letting them have a full lane to themselves.
• Always signal to indicate when you are turning.

• Give motorcycle riders plenty of space to maneuver.

AAA’s Safety Awareness Suggestions for Motorcyclists Sharing the Roads with Other Drivers:

• Wear protective gear so that other drivers see you.
• Give yourself plenty of space to maneuver your bike in the event of an emergency.
• Try not to ride in a driver’s blind spot.
• Don’t share a lane with other vehicles.
• Signal and indicate.

• Make sure you are properly trained to ride your motorcycle and that you have enough experience to operate one safely before you get on a Maryland freeway.

Keep an eye out for motorcycles, Frederick News Post, May 10, 2009
Area motorcycle deaths disproportionate, Examiner.com, June 18, 2008
Related Web Resources:

National Highway Traffic Safety Administration

Congress Highlights Motorcycle Safety Awareness Month

Two Annapolis Bicyclists Injured in Maryland Bicycle Accident on Bike to Work Day

May 16, 2009 | Lebowitz & Mzhen

The Annapolis Police Department says two bicyclists were injured in a Maryland bicycle accident on Friday morning. The injury accident occurred when a person in a parked vehicle on Main Street opened the vehicle door, hitting the two riders who were cycling up the road.

One of the Annapolis bicycle accident victims was take to Anne Arundel Medical Center, while the other pedalcyclist was seen at Maryland Shock Trauma Center.

The Anne Arundel county bicycle accident occurred on Bike to Work Day, a national event that encourages people to ride bicycles when commuting. The Baltimore Metropolitan Council sponsored rally rides in Baltimore City, Bel Air, Annapolis, Westminster, Columbia, and numerous other cities to mark this day. More than 1,000 bicycle riders placed their heels on pedals and headed off to work.

Baltimore has put in place 432 new bike lane miles and 80 new bike racks. Another 200 racks will be set up and 80 more lane lines added before the end of the year.

2007 NHTSA Bicycle Accident Facts

The drivers of cars, trucks, buses, and motorcycles do share the roads with bicyclists, and it is important that motorists stay aware of these riders and take precautions to avoid getting involved in a traffic accident with a pedalcyclist.

In 2007, According to the National Highway Traffic Safety Administration:

• 43,000 pedalcyclists sustained injuries throughout the US.
• 698 pedalcyclists died.
• 7 of those fatalities occurred in Maryland.

• 1 of the bicyclist deaths occurred in Washington DC.

Just like motor vehicle drivers, bicyclists are entitled to certain rights when riding on Maryland roads, and pedalcyclists risk sustaining catastrophic injuries whenever they are involved in a Maryland traffic accident.

Baltimorians Bike To Work, ABC2news.com, May 15, 2009
2 bicyclists hospitalized after accident in Annapolis, BaltimoreSun.com, May 16, 2009
Bike to Work Day attracts record number of riders, Baltimore Sun, May 16, 2009
Related Web Resources:
Bike to Work Day 2009, Baltimore Metropolitan Council

National Highway Traffic Safety Administration

Maryland Pharmacy Error Injury Attorneys: Fatal Error that Killed Toddler Could Send Pharmacist to Prison

May 14, 2009 | Lebowitz & Mzhen

This week, pharmacist Eric Cropp pleaded no contest to an involuntary manslaughter charge involving the death of a two-year-old patient in 2006. The toddler, Emily Jerry, died after she was administered an overdose of sodium chloride while undergoing chemotherapy at a hospital.

Cropp made the fatal pharmacy error while working as the supervising pharmacist at a hospital. On February 26, 2006, Cropp neglected to catch the pharmacy technician’s preparation error and properly verify whether the contents and composition of the solution were correct before approving a mix that was 23% salt-based when it should have only been 1%. The technician, Katie Dudash, later testified that she had warned Cropp that she didn’t think the mixture was correct.

Following the medication overdose, Emily slipped into a coma before dying on March 1.

Prosecutor James Gutierrez says that Cropp admitted to the mistake and says that he could have or should have seen the warning signs and caught the deadly mistake. Following the pharmacy misfill incident, another pharmacy hired Cropp, who made 15 more pharmacy errors until his license was revoked.

As part of Cropp’s plea agreement, prosecutors dropped the reckless homicide charge against him. Cropp’s sentencing is scheduled for July 17. He could end up serving a maximum five-year prison sentence.

Pharmacy misfills can be catastrophic for the patients that take the wrong medicine or dosage. This is why it is so important that the pharmacy or the pharmacist supervisor double check a prescription or mix to make sure that the dose and/or medication is correct.

In an unrelated incident in another US state, baby Lindsey Lindberg could have died last month if her mother hadn’t noticed that she gave her the wrong medication more than once because of a labeling error.

Lindsey was born in November with a heart defect. Her mother, Courtney Lindberg, had been giving her a number of prescriptions that she would get filled at a Walgreens. Right before the Lindsey was supposed to undergo open heart surgery, she began to act fussy. It wasn’t until she spit up that Courtney realized that Walgreens had put the correct label for Lindsey’s medication on a bottle containing the wrong medicine.

A 2-year-old. A death. A pharmacist facing jail. What will spur lasting change?, MedCity News, May 14, 2009
Pharmacist Could Get 5 Years For Fatal Chemo Error In Toddler, Newsnet5.com, May 13, 2009
Mom gives baby wrong drug after labeling error, SeattlePI.com, May 6, 2009
Related Web Resources:
Unreported Pharmacy Errors, ABC News
20 Tips to Help Prevent Medical Errors in Children, AHRQ.gov

Prince George’s County Logs the Most Maryland Motor Vehicle Accident Deaths in 2008

May 11, 2009 | Lebowitz & Mzhen

The Maryland State Highway Administration says that of the 589 Maryland traffic deaths that occurred in 2008, 124 of those fatalities took place in Prince George’s County. That’s almost twice as many fatalities than in Baltimore County, ranked number two with the most traffic deaths at 52 fatalities. Montgomery County came next with 52 traffic deaths. Baltimore had 49 traffic fatalities, and Anne Arundel County recorded 48 traffic fatalities. Officials from Maryland, Prince George’s County, and municipal police have vowed to address the issue of traffic safety and determine why so many Maryland traffic deaths occur in this county so they can fix the problem.

The county also recently registered the largest amount of Maryland pedestrian deaths over the past decade. For example, of the 111 Maryland pedestrian deaths that occurred in 2007, a significant number of the fatalities occurred in Prince George’s County:

Prince George’s: 28 pedestrian fatalities
Baltimore: 17 pedestrian deaths
Baltimore County: 17 pedestrian fatalities
Montgomery: 15 pedestrian deaths
Anne Arundel: 8 pedestrian fatalities

There were 115 Maryland pedestrian deaths in 2008—and the fatalities keep coming in 2009. Just last month, in Prince George’s County, two young pedestrians, 19-year-old LaRenta Vondale McFarland and 7-year-old Richard Young, died after a Jeep hit them while they were crossing Central Avenue in Upper Marlboro.

According to Maryland Highway Administration spokesperson David Buck, driver error seems to be the leading cause of traffic deaths in Prince George’s County. Common types of driver error include:

• Driver fatigue
• Speeding
• Drunk driving
• Driving under the influence of drugs
• Failure to obey traffic rules
• Talking on cell phone
• Failure to use seat belts
• Text messaging

More 2008 Maryland Traffic Facts:

• About 100,000 Maryland motor vehicle crashes occur annually.
• 196 drivers died in Maryland auto accidents last year.

• 65 of these motorists were not using seat belts or were riding in cars that lacked airbags.

Too Deadly a Place to Drive, Washington Post, May 10, 2009

Maryland State Highway Administration

Related Web Resources:
Maryland Traffic Information, Federal Highway Administration

Prince George’s County, Maryland

Maryland Wrongful Death Settlement Reached in Case of Pregnant Mother and Unborn Son Who Were Allegedly Refused Ambulance Help Because of Feud

May 7, 2009 | Lebowitz & Mzhen

A Maryland wrongful death settlement has been reached between the mother and fiancé of a pregnant woman and her unborn son that died and Smithsburg Emergency Services Inc, medics James Ulrich and Karin Nichol, and former ambulance chief Jason Tracey. The terms of the agreement are confidential. Also previously named among the Maryland wrongful death defendants were Washington County, the Washington County Volunteer Fire and Rescue Association Inc., and dispatcher Robert Myerly.

20-year-old Christina Lynn Hess and her unborn son died in March 2004. The Maryland wrongful death complaint against the defendants contends that a feud between the Smithsburg Volunteer Fire Co. and the ambulance company caused the deaths of Hess and her son. Hess and fiancé Danny Gibson were volunteers at the fire company. Gibson and Hess’s mother, Tammy Reed, had sought $4 million for the wrongful deaths.

According to their Maryland wrongful death complaint, Ulrich and Nichol responded to an emergency call from Gibson, who said that Hess was having seizures. The medics arrived at the scene and spent at least 14 minutes unsuccessfully attempting to intubate Hess. She was then transported to Washington County Hospital where she and her son were pronounced dead.

Montgomery County, Maryland Judge Refuses to Cap Multimillion-dollar Medical Malpractice Award for Patient’s Skin Cancer Death Caused by Delayed Diagnosis

May 5, 2009 | Lebowitz & Mzhen

In Maryland, Montgomery County Judge John W Debelius III refused to cap the medical malpractice noneconomic damages received by the surviving family members of attorney Richard H. Semsker who died after a mole that was not treated became skin cancer and spread to his brain. Last year, his wife and two children were awarded $5.8 million for his wrongful death.

The Maryland medical malpractice lawsuit says that in 1998, Dr. Lokshin in Silver Springs examined Semsker’s back. He noticed that there was a 6 millimeter mole and recommended that Dr. Lawrence Marcus, the patient’s primary care physician, remove the mole.

The complaint claims that each doctor thought that the other physician had tended to the mole. In 2004, Semsker underwent another skin checkup. Dr. Michael Albert noted that there was an atypical mole and two cysts. Albert recommended the removal of the atypical mole but didn’t know that the other mole (documented in 1998) had doubled in size because he didn’t have access to Lokshin’s medical report, which under Maryland law could be destroyed after five years.

Maryland Injuries to Minor Lawsuit Claims Crossing Guard’s Negligence Led to Daughter’s Pedestrian Accident

May 4, 2009 | Lebowitz & Mzhen

The parents of young girl who was struck by an SUV outside an elementary school in Pasadena have filed a Maryland personal injury lawsuit on her behalf. Brooke M Monday was just 7 when the pedestrian accident happened in April 2006.

Brooke broke her jaw, left leg, and nose in the Maryland pedestrian accident that her parents say occurred because a crossing guard negligently waved her to cross the street just moments before she was struck by the motor vehicle. The defendants in the Maryland injuries to minor lawsuit include Anne Arundel County, SUV driver Alison L Hahn, vehicle owner David Fischer, and Monday’s insurance company. Brooke’s parents, Vernon and Jennifer Monday, are seeking millions of dollars in personal injury compensation.

According to the couple’s Maryland personal injury complaint, Deborah L Johnson failed to keep a proper lookout or enter the middle of the street when she told Brooke she could cross. The Mondays’ attorney has even accused the crossing guard of being distracted from doing her job because she was conversing with a friend at the time the deadly Maryland pedestrian accident happened.