Personal Injury

Maryland Personal Injury Lawsuit For Paralysis Injury Sustained In 2004 Randallstown High School Shooting Will Be Tried in Baltimore County

June 5, 2008 | Lebowitz & Mzhen

In Maryland, the personal injury lawsuit filed by Edna “Peggy” Payton-Henderson, the mother of William “Tipper” Thomas III, the high school football player who became paralyzed from the waist down after being injured during a 2004 shooting at Randallstown High School parking lot, will be tried before a jury in Baltimore County. Maryland’s Court of Special Appeals’s decision upholds a lower court ruling to move the case to Towson in the “interest of justice” and because the location was more convenient for most of the witnesses.

The personal injury lawsuit names Randallstown High, the Baltimore County Police Department, the Baltimore Board of Education, two Baltimore police officers, and the two shooters who were convicted for firing a gun into a group of students. All of the defendants are accused of negligence and failure to prevent Thomas, who was shot in the neck, back, and lung, from getting hurt. The former high school athlete had planned to continue playing football at Morgan State University.

The shooting incident occurred in May 2004 following a charity basketball game. Four students were shot. Two gunmen are serving 50 and 100-year prison terms for the shooting. A third person, charged with bringing the weapon to school, will stand trial in the next few months.

Catastrophic Personal Injuries

If you or someone you love is paralyzed, has a traumatic brain injury, has a permanent disability or disfigurement, or is suffering from another catastrophic injury that was caused by someone else’s negligence, you should speak with a Maryland personal injury law firm that knows how to help you obtain recovery for your injuries.

Catastrophic injuries can affect your life forever, and there may be expensive and ongoing medical and care costs that you will have to pay for so that you can maintain some quality of life. The losses that can result from a catastrophic injury, such as the inability to work again or go to school or enjoy normal pleasures, such as recreational activities or being able to embrace your loved ones, cannot be quantified. There are, however, remedies available so that you can receive financial compensation for your losses, damages, pain and suffering, and medical costs.

County court to hear lawsuit in school shooting, BaltimoreSun.com, June 3, 2008
Sun coverage: Shooting at Randallstown High, BaltimoreSun.com

Related Web Resources:

Baltimore County Board of Education

Maryland Settles Wrongful Death Lawsuit Filed By Family of Fatally Beaten Detainee

May 8, 2008 | Lebowitz & Mzhen

The Maryland Attorney General’s Office and the family of a Randallstown man that died after being beaten by correctional officers inside Baltimore’s Central Booking and Intake Center in 2005 have reached a $500,000 wrongful death settlement.

Smoot, the father of four children—three of them under 18 years of age—was arrested in May 2005 on a minor theft charge and his failure to appear in court. At Central Booking, the state-run correctional facility, he was beaten and stomped to death during a brawl involving at least 25 correctional guards. Smoot had reportedly refused to enter his detention cell.

Following his beating, photos showed bruises all over his face and a blood-soaked gauze in his mouth. A family member had reported that his skull was cracked.

Three officers were charged for his second degree murder—with one of the men convicted of the charge and sentenced 20 years in prison.

Smoot’s family agreed to drop its $130 million wrongful death lawsuit in exchange fro the settlement. Maryland’s Board of Public Works still has to confirm the agreement.

One of the reasons for accepting the settlement is that Maryland has a liability cap of $200,000—so even if the family had won its lawsuit in court, the state of Maryland may have been able to lower the award.

Police Brutality

Unfortunately, police brutality is a far more common occurrence than we’d like for it to be. If you have been the victim of violence by a police or a correctional officer—even if you have been arrested for a crime—you still have civil rights.

Our Baltimore personal injury lawyers represent clients that have been injured because of the negligent, reckless, or violent acts of other parties. Over the years, we have successfully represented clients in Maryland and Washington D.C.

State to pay in death of Central Booking detainee, Baltimore Sun, May 7, 2008
$500,000 settlement accepted in Central Booking beating death, Examiner.com, May 7, 2008
Prisoner dies after altercation with guards, Baltimore Sun, May 16, 2005

Related Web Resources:

End brutality behind bars, Baltimore Sun, April 24, 2008

Maryland Department of Public Safety and Correctional Services

Maryland Welder Awarded $3 Million for Crushed Leg Injury

April 29, 2008 | Lebowitz & Mzhen

A jury in Baltimore County is ordering Keibler-Thompson Co. to pay a Maryland welder over $3 million for a crushed leg injury he sustained at work in 1999. James Morris, 58, was seriously injured on his first day working as a welder at the Beth Steel Sparrows Point plant. Morris had been hired by a general contractor to reline a blast furnace.

A Bethlehem Steel dump truck, involved in Keibler’s cleaning project, rolled down an incline, crushing Morris’s leg. The welder was hospitalized for 1 month. He has not been able to perform his job since then.

Morris’s personal injury lawyer described how the truck’s wheels did not have chocks to keep it from rolling back. While the Keibler-Thompson Co.’s attorney argued that the defendant was only liable for the routine cleaning project and that the contractor that hired both the cleaning company and Morris should be held liable for the catastrophic accident, the jury disagreed.

The Baltimore County jury awarded Morris over $2.2 million in economic damages and $952,000 in non-economic damages, which Maryland will cap at $560,000.

Bethlehem Steel was also a defendant in the personal injury lawsuit until it filed for bankruptcy.

Work-related accidents often result in catastrophic injuries, and many injured workers are unable to ever return to their jobs.

Although Maryland’s worker’s compensation law prevents injured workers and their families from suing an employer, there may be a third party that is also responsible for your injury accident.

Our Maryland and Washington D.C. catastrophic injury attorneys have helped many injured workers obtain recovery from liable third parties. Often, workers’ compensation will not be enough to cover all medical costs and economic losses. Filing a third-party lawsuit can help you recover additional compensation.

Welder whose leg was crushed at Beth Steel plant wins $3M, The Daily Record, April 29, 2008

Related Web Resources:

Maryland Workers’ Compensation Commission

Keibler-Thompson Co.

Silver Springs Janitor May Appeal Ruling Dismissing Her Personal Injury Lawsuit Against Smithsonian Executive

April 27, 2008 | Lebowitz & Mzhen

In federal court, a judge has dismissed the personal injury lawsuit against Smithsonian Business Ventures Vice President Jeanny Kim. The plaintiff in the lawsuit, custodian and Silver Springs resident Mary T. Majano, had accused Kim of assault.

The alleged injury incident occurred in Downtown Washington D.C. at the Victor Building in June 2003. Kim did not have her security card with her and reportedly followed Majano through an unmonitored locked door. Kim tried to stop Majano because she did not have her security clearance with her.

U.S. District Judge Rosemary M. Collyer says that under the Federal Tort Claims Act, the Smithsonian executive has immunity from personal injury lawsuits because she was a federal worker and the altercation took place during the course of doing her job. Majano may appeal the ruling.

According to Kim, she hurriedly brushed passed the janitor and their shoulders collided. Kim has said “I did not accost, assault, or otherwise touch this woman at any time during the course of our interaction.”

Judge Collyer, however, found that Kim had opened the door so forcefully that Majano’s body struck the wall. The judge also accused Kim of pulling several times on Majano’s lanyard and leaving red marks on her neck before walking away.

Smithsonian guards reportedly tried to question Kim about the incident but she told them “I don’t have time for this mess.” A Smithsonian investigator called Kim’s behavior “unnecessarily aggressive.”

Majano says that the attack left her with a herniated disk. Her doctors says that she had surgery, is now disabled, and takes prescription pain drugs. They also say she won’t be able to return to work as a janitor.

Kim has never faced disciplinary action for the incident. Majano’s personal injury lawyer is accusing Kim of violating workplace policies.

Please contact our Washington D.C. personal injury law firm if you or someone you love was seriously hurt because of another party’s carelessness, recklessness, or negligence in Maryland or Washington D.C.

Suit Against Smithsonian Executive Dismissed, Washington Post, April 25, 2008
Janitor Testifies Smithsonian Executive Assaulted Her, Washington Post, January 17, 2008

Related Web Resource:

Read the Court Ruling (PDF)

Wal-Mart Drops Lawsuit Against Traumatic Brain Injury Victim for Damages from Truck Accident Case

April 25, 2008 | Lebowitz & Mzhen

Wal-Mart Stores Inc. has dropped its lawsuit to collect more than $400,000 in health-care reimbursement from an ex-employee. Deborah Shank has a traumatic brain injury and now lives in a nursing home in Missouri.

Shank, 52, sustained her catastrophic injury when her minivan was struck in a truck accident. She and her husband Jim were awarded $1 million in personal injury damages. After paying for legal expenses, $417,000 was placed in a trust to cover Shank’s long-term care.

Shank no longer has most of her short-term memory and is confined to a wheelchair. She keeps forgetting that her 18-year-old son Jeremy died in Iraq and cries like it is the first time she has found out every time someone tells her he is dead after she asks about him.

Shank was a Wal-Mart employee that signed up for the company’s health and benefits plan when the tragic truck crash happened. Wal-Mart’s insurance coverage had covered approximately $470,000 of her medical costs.

The retail giant sued Shank to recover the same amount after she won her lawsuit, but a court decided it could only recover what remained in her trust. Apparently, the company’s health plan allows Wal-Mart to recover medical costs if a worker obtains damages from a personal injury case. Over $200,000 is left in her trust.

The Shanks lost the lawsuit, appealed the decision, and lost again. Earlier this year, the U.S. Supreme Court refused to hear their appeal.

Shank’s family had been hoping that Wal-Mart wouldn’t try to recover the money, which they need to cover her care costs. Shank has permanent brain damage and is unable to have relationships with her husband and her children.

In 2007, Jim, who has prostate cancer, divorced her so she could receive Medicaid.

In Maryland and Washington D.C., our catastrophic injury attorneys represent clients that have been seriously injured in accidents caused by the negligence of others.

Wal-Mart Rethinks Its Move on Deborah Shank, US News & World Report, April 3, 2008
Brain-damaged woman at center of Wal-Mart suit, CNN.com, March 25, 2008

Related Web Resources:

Wal-Mart

Baltimore Teenagers Implicated in Bus Beating Case Plan to Sue Maryland Transit System For Damages

April 24, 2008 | Lebowitz & Mzhen

The lawyers for two Baltimore students that were implicated in the beating of a passenger on a transit bus say their clients are going to sue the Maryland Transit Authority, the Baltimore school system, and the bus driver. Each boy is seeking at least $10 million in personal injury damages.

There has been no finding of guilt for the two boys. The charges against the two boys are expected to be dismissed following an agreement that they each perform 15 hours of community service. Their lawyers say they that were banned from their schools and had their bus privileges revoked without receiving due process or a hearing.

Both 15-year-old boys are not allowed to board any MTA buses. One boy is seeing a tutor, paid for by the city of Baltimore, because he cannot go to school. The other teen is now attending a different school but he cannot ride his school bus, which is an MTA bus.

Nine Robert Pool Middle School students in total had been charged with attacking Sarah Kreager and Troy Ennis after an argument about an empty bus seat.

Four of the students were found “involved” in Kreager’s assault. Another student was ruled involved in reckless conduct leading to Kreager’s serious injury. The term “involved,” in these instances, is the juvenile equivalent of being found guilty. All five of the students also were found involved in reckless conduct that seriously injured Kreager’s boyfriend Ennis.

The boys’ attorneys say that the personal injury lawsuit will cite the city’s negligence, as well as the negligence of its schools and the MTA to offer passengers safe travel. The MTA bus where the assault took place had picked up riders that weren’t students.

A 2006 General Assembly legislative audit expressed concerns that MTA bus drivers were not the most qualified.

If you believe that you suffered physical, emotional, or financial injuries or damages because of another party’s negligence in Maryland or Washington D.C., do not hesitate to contact our personal injury law firm today.

Attorneys say 2 students in bus attack case plan lawsuit, Baltimoresun.com, April 23, 2008
Baltimore Bus Beating Being Probed as Hate Crime, December 8, 2007

Related Web Resources:

Woman beaten on bus pleads guilty in drug case, Examiner.com, April 8, 2008
Free the MTA 9 – African Teens Wrongly Convicted in Baltimore, Indybayorg.com, April 18, 2008

Virginia Tech Shooting Victims’ Families Agree to $11 Million Settlement

April 14, 2008 | Lebowitz & Mzhen

Nearly one year after the tragic shootings at Virginia Tech that left 32 people dead and two dozen others injured, the families of most of the victims have agreed to settle with the state for $11 million.

By agreeing to the settlement, they forego the option of filing personal injury and wrongful death lawsuits against the university, the state of Virginia, the local governments that serve Virginia Tech, and the local community board that provides mental health services.

The settlement will provide compensation to families that lost loved ones and cover injured survivors’ medical expenses. Attorneys for 21 families that have agreed to settle say the value of the settlement is greater than $11 million. They say that the settlement would forever take care of the medical costs of the victims that suffered catastrophic injuries, while also well compensating the families that lost loved ones in the shootings.

The families that have not agreed to take part in the settlement have until April 16 to file their lawsuits, which could result in a court disagreement over whether or not the shooter was solely responsible for the slayings.

The Virginia Tech massacre took place on April 16, 2007, when Seung-Hui Cho, a student with mental issues, killed two people in a campus dorm before shooting down 30 others in a school building two hours later. He then committed suicide.

The University has been criticized for not letting students, teachers, and others know about the first shootings. Police say they thought the dorm slayings were an isolated incident involving domestic violence. In 2005, a court had ruled that Seung-Hui Cho was a danger to himself and ordered that he receive outpatient mental health care—treatment that he never received.

If someone you love has died or was injured in a tragic accident that you believe was caused by someone’s negligence, recklessness, or carelessness, you and your loved one may be entitled to compensation and other associated costs.

The best way to protect your rights to compensation is to contact an experienced Maryland or Washington D.C. personal injury lawyer right away.

Most families of Va. Tech shooting victims settle, Los Angeles Times, April 11, 2008
Families of Va. Tech victims reach $11M settlement, Baltimore Sun, Associated Press, April 10, 2008

Related Web Resources:

Massacre at Virginia Tech, CNN.com

Virginia Tech

Family of Teenager Sues Bullies For Injuries Caused by Harassment, Beatings, and Threats

March 26, 2008 | Lebowitz & Mzhen

The parents of Billy Wolf, a 16-year-old Arkansas sophomore, are suing the teenagers that have been bullying their son for the harm he has suffered due to alleged incidents of assault and battery.

Video and audio evidence document Billy being hit and verbally harassed on multiple occasions. Billy, who has a learning disability, has reportedly been a target of bullies since he was 12 years old.

Billy’s parents say they have repeatedly asked school officials to stop the violence against their son, yet the bullying continues. In one incident, Billy was suspended for a fight that occurred on the bus, even though video evidence later showed that he was the one who was beaten.

When he was in the 9th grade, a few of his adversaries started a Facebook page called “Every One That Hates Billy Wolfe.” A picture of his face was superimposed on the image of Peter Pan. This type of bullying, known as cyberbullying, is against the law.

In another beating by a fellow student, Billy’s braces got caught on the inside of his cheek.

School records indicate that at least one official thinks that Billy provokes the trouble that comes to him. Billy’s parents have expressed frustration that school officials cannot seem to protect their son from being attacked.

The lawsuit names Ian Teeters, as one of the bullies, and a number of John Does as defendants. They are also thinking about suing the Fayetteville School District.

The family is seeking personal injury damages for medical costs, impaired physical and mental abilities, mutilation, mental anguish, pain and suffering, punitive damages, legal and court expenses, and other damages.

In Maryland and Washington D.C, our personal injury law firm represents clients injured by the negligence or recklessness of others, including cases involving injuries to minors.

A Boy the Bullies Love to Beat Up, Repeatedly, New York Times, March 24, 2008
Fayetteville student sues classmates over assault, NWANews.com, March 10, 2008

Related Web Resources:

Stop Bullying Now

Stop Cyberbullying

Bullying Facts and Statistics, SafeYouth.org

Ruth’s Chris Steak House Employees in Baltimore, Maryland File $64 Million Personal Injury Lawsuit Over Carbon Monoxide Leak

February 28, 2008 | Lebowitz & Mzhen

In Baltimore Circuit Court on Tuesday, 16 Ruth’s Chris Steak House employees filed a $64 million personal injury lawsuit against TPOB Pier Five LLC, the company that owns the Pier 5 Hotel where the Inner Harbor steak restaurant is located. The plaintiffs claim that they were hospitalized because they were exposed to high levels of carbon monoxide while working at the restaurant. Ruth’s Chris is not named as a defendant in the lawsuit because Maryland’s workers’ compensation laws prevent employees from suing their employers.

Each plaintiff is asking for $2 million in punitive damages and $2 million in compensatory damages. The lawsuit is accusing the owners and operator of the hotel of “wanton and reckless” acts and disregarding the health and safety of employees.

The cause of the leak was a crack in the boiler’s heat exchanger. The plaintiffs say that the improper maintenance and operation of the boiler cause the leak to occur for weeks until it was discovered on February 2. Employees reportedly suffered headaches in the weeks prior to the evacuation.

On February 2, the Ruth’s Chris Steak House was evacuated because workers began experiencing nausea, dizziness, and to feel faint. According to the Baltimore Fire Department, the concentration of carbon monoxide in the air was 400 parts per million—exposure to this much carbon monoxide can be deadly. Usually, a carbon monoxide reading of 100 parts per million warrants an evacuation from a premise.

Our Maryland and Washington D.C. personal injury law firm handles injury cases throughout both states, including claims and lawsuits involving premises liability, defective products, and exposure to hazardous substances. Even if you have been injured on the job, there may be a third-party that is not your employer whose negligence led to your injury accident.

Health Problems Caused by Exposure to Carbon Monoxide Include:

• Fatigue
• Dizziness
• Vision problems
• Nausea
• Confusion
• Flu-like symptoms
• Reduced brain function
• Angina
• Death
Restaurant employees sue over carbon monoxide leak, USA Today, February 27, 2008
Carbon Monoxide, EPA.gov

Related Web Resources:

People Sickened In Separate CO Incidents, WZJ.com, February 4, 2008
150 evacuated from steakhouse, Baltimore Sun, February 3, 2008
Carbon Monoxide Q & A, CPSC.gov

Maryland Residents Are Among Lacrosse Team Plaintiffs Suing Duke University for Handling of High Profile Rape Case

February 22, 2008 | Lebowitz & Mzhen

38 members of the 2006 Duke Lacrosse team and 9 family members are suing Duke University and the North Carolina city of Durham for their handling of the high profile 2006 rape case that wrongly charged three men with raping a woman.

The plaintiffs say they that they suffered invasion of privacy, emotional damage, and other injuries because the University abandoned them and ignored key evidence showing that the rape charges were fabricated. They are asking for unspecified damages. The lawsuit was filed in U.S. District Court for the Middle District of North Carolina.

The three teammates who were indicted, David Evans, Collin Finnerty, and Reade Seligmann, are not included in this injury lawsuit. They settled their lawsuit with Duke last year and transferred to other universities to complete their college educations.

The victim, a female stripper, claimed that the men gang raped her in the bathroom. Evans, Finnerty, and Seligmann were charged with sexual assault, but the charges were dropped last year. Durham County District Attorney Michael B. Nifong was disbarred for manufacturing and suppressing evidence in the case. Nifong, who has filed for Chapter 7 bankruptcy relief, is not a defendant in this lawsuit.

About 20% of the plaintiffs come from Maryland. Both former and current Lacrosse team members are among those suing the University and the city of Durham. The players say that they suffered harassment and experienced hostility during the investigation into the rape case and Duke did nothing to protect them. Traumatic incidents cited included:

• Having protesters surround their homes.
• Being called rapists and racists.
• Becoming the targets of threats and protest marches.
• Imposing disciplinary measures on the team as if they were guilty.

• Canceling the lacrosse team’s season.

Also named as defendants in the case are Duke University President Richard Broadhead, Duke’s medical center, and Durham city officials. The plaintiffs allege that Duke University abandoned the Lacrosse to protect its own image.

In Maryland and Washington D.C., our personal injury law firm represents clients who have sustained any type of serious injury caused by the negligence or carelessness of others.

Other Duke players, parents file lawsuit, Baltimore Sun, February 22, 2008
38 Duke Lacrosse Team Members Unite to Sue Duke University and City of Durham Over Corrupt 2006 Rape Allegations and Investigation, FoxBusiness.com, February 21, 2008

Related Web Resources:

Duke Rape Case

Mcfadyen et al v. Duke University et al, Justia.com