Maryland Accident Law Blog

Bed and Toy Chest Sets Recalled May Pose an Entrapment Hazard to Kids

July 29, 2008 | Lebowitz & Mzhen

Importer Bayside Furnishings and the Consumer Product Safety Commission has announced the recall of approximately 9,350 Pirates of the Caribbean Twin Trundle Beds and LaJolla Boat Beds because of concerns that the toy chests pose an entrapment or strangulation hazard to kids.

There is concern that the toy chest lid supports do not stop the chest lid from shutting too fast. The CPSC says that they have received reports of one incident in which a boy, 22-months, was strangled to death after the toy chest lid fell on the back of his head and his neck became trapped.

This is not the first time toy chests have been recalled over entrapment/suffocation worries. One child suffocated while in a toy chest three years ago. In separate incidents in 2001, another child fell while another child suffocated. Both children died from their injuries.

At least 10 other toy chest recalls have taken place over the last 10 years. The Consumer Product Safety Commission says that since 1975, there have been at least 45 reported deaths. At least three children that were injured injured in toy chest-related accidents suffered brain damage. The majority of injury victims are younger than 2 years of age.

Common toy chest-related accidents:

• The chest falls on a child’s hands or neck.

• Suffocation, from children climbing into or get trapped in the toy chest.

Manufacturers of toys and other children’s products are supposed to design and make products that are safe for use. If your son or daughter was injured because of a product defect, you may be able to file a products liability claim or lawsuit to obtain compensation for his or her personal injuries.

Toy Boxes and Toy Chests, CPSC.gov
Bayside Furnishings Recalls Youth Bed Toy Chests Sold at Costco After the Death of a 22-Month-Old Child, CPSC.gov, July 3, 2008
Toy Chests are Not Toys, Washington Post, July 4, 2008

Related Web Resources:

NNCS Toy Safety

Kids in Danger

Maryland Patients Sue Salisbury Cardiologist For Medical Malpractice

July 25, 2008 | Lebowitz & Mzhen

In Maryland, Salisbury Cardiologist Dr. John McLean is being sued for medical malpractice. The 2-count lawsuit, filed by patients and their families, accuses McLean of performing stent placement and cardiac catheterization without proper cause. Also named as defendants in the lawsuit are Peninsula Regional Medical Center, Peninsula Regional Health System Inc., and McLean’s practice, John R. McLean, MD & Associates.

The 24 plaintiffs include 13 patients throughout the Delmarva Peninsula, as well as the spouses or representatives of decedents’ estates. They are alleging negligence and seeking damages above the $30,000 jurisdictional limit for each count plus all legal costs. The personal injury attorneys for the plaintiffs say that McLean “dramatically overstated findings” from tests and persuaded his patients to undergo surgeries they did not require. They also say that there were less expensive procedures that could have been used. The lawsuit also accuses the technicians and nurses that assisted McLean during the surgeries of knowing about the malpractice but failing to report or stop the wrongdoing.

Last year, Peninsula Regional Medical Center, where McLean conducted the procedures, accused McLean of performing 25 unnecessary heart stent procedures. Some claimaints even underwent the procedure more than once.

Ed McMahon Sues Hospital, Doctors, and Investment Tycoon for Personal Injury

July 22, 2008 | Lebowitz & Mzhen

Television host Ed McMahon is suing Cedars-Sinai Medical Center, two doctors, and an investment tycoon for personal injury. He says that the neck injury he suffered from a fall accident makes it impossible for him to work and is the cause of his financial problems.

McMahon says he fell down a ramp-like staircase during a dinner party at the home of Robert Day, an investment tycoon, and that the stairwell was “unsafe” because it didn’t have handrails or proper lighting. Day is one of the defendants in the lawsuit.

McMahon is also suing Cedar-Sinai Medical Center and two of its doctors for discharging him with a broken neck following the fall accident and failing to properly perform two surgeries. McMahon says that it was his cardiologist who later diagnosed the neck injury.

The 85-year-old former TV host says that he cannot work because of his injuries and is now $644,000 behind on mortgage payments. He has already undergone three surgeries to repair his neck injury.

A spokesperson for McMahon says the personal lawsuit comes following failed negotiations with the defendants. McMahon is seeking compensation for battery, negligence, elder abuse, and emotional distress.

Medical Malpractice

Doctors and hospitals are supposed to provide patients with a certain level of care. When failure to provide that care leads to injury or the exacerbation of an existing injury or illness, the health care provider can be held liable for medical malpractice.

Premises Liability

Slip/trip, and fall accidents can occur when there is an unsafe condition on a property that leads to injury accidents. Property owners must make sure that there are no hazards on a premise that can cause someone to slip and fall or trip and fall. Slip/trip and fall accidents can lead to painful injuries.

In Maryland and Washington DC, contact our personal injury lawyers to discuss your case.

Ed McMahon Files Lawsuit Over Neck Injury, CNN.com, July 19, 2008

Related Web Resources:

Cedars-Sinai Medical Center

Ed McMahon Explains his Mortgage Mess, CNN.com, June 6, 2008

Glen Burnie Man Charged with Negligent Vehicle Operation After One Passenger is Seriously Injured When Boat Capsizes

July 17, 2008 | Lebowitz & Mzhen

The Maryland Natural Resources Police have charged Milton Owings, a Glen Burnie resident, with the negligent operation of a vessel after the boat he was operating capsized.

Two of his passengers fell into the water. One victim, a 17-year-old boy, had to be flown to University of Maryland Shock Trauma Center in Baltimore where he received treatment for a foot injury.

The boating accident occurred on Saturday in the Atlantic Ocean south of the Inlet. According to the NRP, Owings should have exercised greater caution due to the rough ocean conditions.

Boat operators and owners are required to exercise certain duties of care when operating a vessel. If a boat owner or operator acts negligently or recklessly and someone is injured, the responsible party can be sued for personal injury or wrongful death.

2004 boating accident statistics from the US Coast Guard:

• 4,904 recreational boating accidents in the US
• 3,363 injuries
• 676 deaths
• $35 million plus in property damage

Causes of these boating accidents included:

• Operator inexperience
• Operator inattention
• Speeding
• Reckless driving

Capsizing and falls overboard are the leading cause of boating-related deaths.

In Maryland, our boating accident lawyers are familiar with the state, county, and city laws that govern boating accidents, and we can help you determine whether you have grounds to file a personal injury or wrongful death claim. If you have been injured in a boating accident, do NOT speak with representatives for any other parties that were involved in the collision until you contact an experienced Maryland boat crash law firm first.

Md. police charge boater in ocean mishap, Delaware Online.com, July 16, 2008
Related Web Resources:

Maryland Department of Natural Resources

US Coast Guard

Seniors Injured in Fall Accidents Can Suffer from Traumatic Brain Injuries

July 16, 2008 | Lebowitz & Mzhen

The US Centers for Disease Control and Prevention is reporting that 56,000 seniors age 65 and older were hospitalized in 2005 because of traumatic brain injuries sustained in fall accidents. Nearly 8,000 people died as a result of these TBIs. The study results were published in this June’s issue of the Journal of Safety Research.

TBIs were a factor in the 50% of accidental fall deaths and 8% of non-fatal fall-related hospitalizations involving seniors. The older people are, the greater their chances of becoming involved in a fall accident. Poor balance, chronic health issues, loss of sensation in the feet, muscular issues, eyesight problems, vision loss, and medication side effect have been known to contribute to an elderly person getting hurt in a fall accident.

According to CDC National Center for Injury Prevention and Control Director Ileana Arias, while most people worry that older people will break a hip when they fall, traumatic brain injuries are also a serious worry. It doesn’t help that traumatic brain injuries among seniors can easily be misdiagnosed or missed.

Falls are the number one case of injury and death for seniors age 65 and older. 1 out of 3 elderly Americans will get hurt in a fall accident every year. 30% of fall accidents require the victim to seek medical care.

In 2005:
• Almost 16,000 seniors died from fall accidents.
• 1.8 million seniors were seen at hospital ER’s.

• 433,000 seniors involved in fall accidents were hospitalized.

Slip and Fall Accidents

Seniors can be especially prone to injury if the owner of a property or business is negligent and neglects to repair or clean up a hazardous condition that could result in a slip/trip and fall accident.

In Maryland and Washington DC, our slip and fall accident lawyers can determine whether the premise owner/manager could have done more to prevent your fall accident from happening.

Senior Falls Can Lead to Brain Injury, WashingtonPost.com, June 24, 2008
Prevent Brain Injury, CDC.gov

Related Web Resources:

US Centers for Disease Control and Prevention

Traumatic Brain Injuries, National Institute of Neurological Disorders

Six People Are Hurt in Anne Arundel County Car Collision

July 15, 2008 | Lebowitz & Mzhen

In Maryland’s Anne Arundel County, six people were injured on Monday morning in an accident involving a Ford pickup truck and a Honda Accord. Police say the driver of the Accord lost control of the motor vehicle and swerved into the opposite lane where it became involved in a head-on crash with the truck.

Edward Lawrence Paquette, the driver of the Honda, sustained life-threatening injuries. Rescue crews had to extricate him from the wreckage before he was transported to Anne Arundel Medical Center and later to Maryland Shock Trauma Center.

The truck’s front-seat passenger, Christine Oakes, also sustained life-threatening injuries. Gary Oakes and three children, also in the pickup, were taken to Johns Hopkins Hospital for their injuries. Police are investigating the cause of the crash.

According to the National Cooperative Highway Research Program, head-on collisions are happening more often and resulting in fatalities.

Data gathered from 2003 shows that there were 366 fatal cross-media collisions on US freeways that year. 2002 statistics report that there were 680 deaths related to these kinds of accidents.

There is no leading cause of head-on crashes. Driver fatigue, driver inattention, speeding, incorrect lane changes, and drunk driving have all been known to result in cross-over accidents.

Other Kinds of Vehicle-Related Crashes:

• Single car crash
• Rear-end collision
• Rollovers
• Multi-vehicle accidents
• Side collisions

In Maryland and Washington DC, our car crash lawyers have helped many motor vehicle crash victims obtain recovery for the injuries and losses they have suffered.

6 injured in accident on Ritchie Highway, BaltimoreSun.com, July 14, 2008

Freeways: Severe, head-on crashes and deaths are increasing

Related Web Resource:

National Cooperative Highway Research Program

Anne Arundel County Sued for Wrongful Death of Naked Man Shot by Cop

July 7, 2008 | Lebowitz & Mzhen

The family of Donald E. Coates Jr., a 20-year-old Glen Burnie man who was unarmed and naked when he was killed by rookie Anne Arundel Police Officer Timothy Pleasant, is suing Anne Arundel for $10 million.

In the Maryland wrongful death lawsuit filed in Circuit Court, Pleasant is accused of acting with malice and behaving unreasonably on the night of May 24, 2005. The suit contends that no other police officer would have shot Burnie, who was fleeing, from behind.

Coates was delusional and on drugs when the shooting happened. According to Anne Arundel County police union president Officer O’Brien Atkinson, Pleasant “did exactly what he was trained to do under the circumstances” and that his only option was to use “deadly force.”

On the night of his death, Coates contacted 911 from his home and said that someone was trying to kill him. He then reportedly locked himself in the bathroom after ordering everyone in the house to leave at gunpoint.

Coates then jumped out of the bathroom window and hid behind the utility box. Pleasant spotted Coates and asked him to come out. Coates ran at him and Pleasant fired his gun four times. Coates died as a result of the shooting.

Coates’s family has filed the wrongful death lawsuit on behalf of his two young children. The family claims they sustained mental trauma and pain and suffering because of the shooting death. They are demanding recovery for funeral costs, gross negligence, excessive force, and seizures.

Please contact our Maryland personal injury law firm if another party seriously injured you or someone you love because of their negligent or careless actions.

Police Brutality

Police brutality is the use of excessive and unreasonable force by law enforcement personnel, including county police officers, state police, and federal agents. Beating, shooting a suspect without justification, sexual abuse, verbal abuse, and other violent actions are unjustifiable and against the law.

Police killing of naked man leads to $10 million lawsuit, BaltimoreSun.com, June 29, 2008

Related Web Resource:

Police Brutality in the US, HRW.org

Family of Motorcyclist Struck by Ambulance in Maryland Sues Anne Arundel County for Wrongful Death

July 2, 2008 | Lebowitz & Mzhen

The parents of Gene Sergent, a motorcyclist who died after his motorcycle collided with an ambulance in Maryland City on September 14, 2007 has filed a $4.4 million wrongful death lawsuit.

John A. Turkette and Frieda L. Sergent say that witnesses saw the driver of the ambulance, Darrel E. Blount, run a red light when his emergency lights were off. They are accusing him of causing the accident.

Their allegations contradict the Anne Arundel County police’s report that it was Sergent that ran a red light on Route 198 in front of the Maryland City Plaza shopping center. An Assistant County lawyer has acknowledged that there are report discrepancies among the witness reports.

The investigation that determined Sergent was at fault closed in April. Those findings were primarily based on police findings. According to Anne Arundel County police, Firefighter Blount was exiting the shopping center in his ambulance when Sergent drove his sport bike into the motor vehicle.

Sergent’s mother, however, claims that police can’t be trusted to be unbiased, because the “police department and fire department” are family. She and Turkette are suing Blount and Anne Arundel County. The lawsuit was filed in US District Court in Baltimore. Frieda L. Sergent says she is determined to clear her son’s name.

Whether you are a Maryland resident or someone from outside the state who was seriously injured or lost a loved one in a Maryland motorcycle accident, our wrongful death lawyers would like to talk to you. Even if police reports indicate that you or your loved one caused the accident, there may be evidence that proves otherwise. If so, you could be entitled to receive personal injury or wrongful death recovery.

Lawsuit filed in fatal ambulance crash, Hometown Annapolis.com, June 26, 2008
Police recruit, two others die in weekend crashes, Examiner.com, September 17, 2007

Related Web Resource:

Anne Arundel County

Maryland Family Settles WMATA Wrongful Death Lawsuit Over Tragic Valentine’s Day Pedestrian-Bus Accident

June 30, 2008 | Lebowitz & Mzhen

Gregory Schoenburn and Kimberly Pifer, the widower and daughter of Martha Schoenburn, one of two pedestrians killed in a bus accident on Valentine’s Day in 2007, have settled their wrongful death lawsuit against the Washington Metropolitan Area Transit Authority for $2.3 million.

Martha, an executive assistant, died after she and colleague Sally Dean McGhee were run over by a bus while they crossed Pennsylvania Avenue NW at the 7th intersection on February 14, 2007. The bus driver, Victor Kolako, pleaded guilty to two counts of negligent homicide and is currently behind bars.

Martha’s family had initially sued the WMATA for $50 million. The wrongful death lawsuit filed by McGhee’s family for $20 million is scheduled for trial in October.

Several pedestrian accidents have occurred at the intersection where the two women were struck, and the city has now added a left-turn only lane.

Following the two fatalities, WMATA has agreed to train its 2,400 Metrobus drivers annually. It also set up a “street smart” program to make sure that its employees are knowledgeable about pedestrians on the road.

Public buses are common carriers that owe passengers and pedestrians a greater duty of care to drive safely. Failure to fulfill this care is considered negligence, and if someone is injured or killed because of driver carelessness or recklessness, you are entitled to financial recovery. Our Maryland and Washington DC bus accident lawyers can help you explore all your legal options.

We know how to investigate bus crash cases and determine not just driver negligence, but we can find out if there is more that a transportation agency or the city could have done to prevent the accident from happening. We know how to bring an injury claim against all liable parties and deal with the unique issues that can arise with bus accident claims and lawsuits.

WMATA Settles Wrongful Death Suit, Legaltimes, June 13, 2008

Related Web Resources:

Washington Metropolitan Transportation Authority

Approaches to Enhancing Pedestrian Safety and Access, FHWA Safety

NHTSA Examines 2.7 Million General Motors SUVs and Trucks for Potential Fire Hazard

June 27, 2008 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration is taking a closer look at 21 General Motors truck and SUV models that were made between 2006 and 2008 over concerns of a potential fire hazard.

Over 2.7 million GM vehicles are part of the probe to see if a fire might ignite inside the engine when the ignition is turned on. According to the Office of Defects Investigation (ODI), there have been 41 reports of non-crash engine compartment fires, with 8 of these incidents resulting in substantial property damage.

Investigators are looking at the engine, the electrical system, the battery cables, the circuit breakers, the fuses, wiring, and the engine cooling system as part of their probe.

Car Fires

Car fires can be deadly. In 2004, 520 people died as a result of a car fire in the United States, and there were 266,000 motor vehicle fires overall. While poor maintenance or involvement in a traffic collision can sometimes cause a car fire, fluid leaks, loose wiring, cracked insulation, or other defects can also lead to auto fires.

The burn injuries that can result when someone is hurt in a car fire can be excruciatingly painful, and a fire victim may need to undergo painful surgeries to recover.

If you were injured or your property was damaged in a car fire, our Maryland products liability lawyers can determine whether your injuries were caused by a defect in the car. A product can become defective if its design was defective or because of mistakes made during manufacturing. Your product also may have a defect as a result of negligent marketing.

Feds Investigating Engine Fires in GM Trucks, SUVs, US News and World Report, June 19, 2008
NHTSA Investigates 2.7 Million GM Trucks, SUVs, Consumer Affairs, June 17, 2008
New Warning to Be Issued About Deadly Car Fires, ABC News, October 12, 2005

Related Web Resource:

General Motors