Personal Injury

Maryland Judge Reduces Lawsuit Damages that Westboro Baptist Church Must Pay for Protesting Fallen Soldier’s Funeral

February 7, 2008 | Lebowitz & Mzhen

A federal Judge in Maryland reduced the amount of damages that Westboro Baptist Church must pay to the father of Marine Lance Cpl. Matthew Snyder, a fallen Marine whose funeral the church had picketed.

A Maryland jury had originally awarded Cpl. Snyder’s father, Albert Snyder, $10.9 million last October: $2.9 million for compensatory damages, $6 million in punitive damages for invasion of privacy, and $2 million for emotional distress. On Monday, U.S. District Court Judge Richard Bennett ordered the award amount decreased to $5 million on.

Albert Snyder had filed the lawsuit against the church last year, citing invasion of privacy and emotional distress. He said that the picketers’ presence ruined what should have been a private ceremony for his son.

Cpl. Synder died in Iraq. During his funeral in Maryland on March 2006, Westboro Baptist Church members protested outside, with signs reading, “God hates you” and “Thank God for dead soldiers.”

Judge Bennett said that Monday’s ruling was based in part on the financial resources of the church. Financial records submitted to the court indicate that Fred Phelps, the founder of the Westboro Baptist Church, and his daughters Shirley Phelps-Roper and Rebekah Phelps-Davis have a combined net worth of under $1 million. They are seeking to delay payment of the judgment.

Westboro Baptist Church is a fundamentalist Kansas church. Its members have picketed the funerals of military soldiers across the United States. They claim that the Iraq war is God’s way of punishing America for its acceptance of homosexuals.

To file a personal injury claim or lawsuit in Washington D.C. or Maryland, please contact our personal injury law firm today.

Judge to review Westboro’s assets in wake of $5M payment, Examiner.com, February 6, 2008
Judge orders Westboro Baptist Church to pay $5 million damages, Examiner.com, February 4, 2008
Suit $$ award cut for protests at GI funeral, BostonHerald.com, February 6, 2008
Church ordered to pay $10.9 million for funeral protest, CNN.com, October 31, 2007

Related Web Resource:

Fred Phelps and the Westboro Baptist Church: In Their Own Words, ADL.org

Window Washer Who Fell 47 Stories Will File Personal Injury Lawsuit

January 4, 2008 | Lebowitz & Mzhen

The man who survived the force of gravity when he fell 47 stories while getting ready to wash the windows of a Manhattan building plans to file a personal injury lawsuit against the company that installed the scaffolding that broke, as well as the skyscraper’s management company.

37-year-old window washer Alcides Moreno says it just wasn’t his time to die after he dropped more than 500 feet to land on the ground and lived to tell his tale.

The catastrophic work accident occurred on December 7 while Alcides and his brother Edgar were cleaning windows on the Upper East Side. Edgar died of his injuries.

Doctors say the fact that Alcides even survived is a miracle. He has already undergone nine surgeries and is starting to talk. More surgeries are expected.

Alcides arrived in the ER at NewYork-Presbyterian Hospital/Weill Cornell Medical Center with brain injuries, spinal cord injuries, abdominal injuries, chest injuries, and fractures to his legs, ribs, and one of his arms. He received 19 blood plasma units 24 units of blood. Alcides is expected to make a slow but substantial recovery.

According to the Department of Buildings, the scaffolding the two men were standing on fell because the cables connecting it to the roof snapped. The two brothers had previously voiced concerns about the safety conditions at the building, located on E. 66th St.

Solow Management Corp is the building’s management company and Trachtel Group is the company that installed the scaffolding. The Moreno brothers worked for City Wide Window Cleaning.

If you are seriously injury in a work accident anywhere in Maryland or Washington D.C., workers’ compensation guarantees you benefits to pay for medical expenses. However, this does not mean that you should not speak to an experienced workers’ compensation attorney to make sure that you are receiving the maximum benefits for your injuries.

Although you cannot sue your employer for personal injury, there may be other parties that can be held liable for your injuries.

Family, NYC hospital officials describe window washer’s ‘miracle’ recovery, Newsday, January 3, 2008
Hurt window washer will sue, NY DailyNews, January 2, 2008

Related Web Resources:

Solow Management Corporation, NY Bites

Family of Slain New York Times Reporter David Rosenbaum Settles Medical Malpractice Lawsuit with Howard University Hospital in Washington D.C.

December 21, 2007 | Lebowitz & Mzhen

In Washington D.C., Howard University Hospital and Daniel and Dorothy Rosenbaum, the adult children of deceased New York Times reporter David Rosenbaum, have reached a settlement in the medical malpractice and negligence lawsuit filed against D.C. emergency workers and the hospital.

The 63-year-old reporter, who had just retired after 30 years of working for the Times, was seriously injured during a street robbery in Northwest Washington D.C. on January 26, 2006. Rosenbaum’s son and daughter filed their medical malpractice and negligence lawsuit a year ago last November after the D.C. inspector general’s office found that paramedics, firefighters, police, and hospital personnel failed to treat Rosenbaum.

Emergency workers found Rosenbaum on the sidewalk in a barely conscious state. The report, however, says that they did not realize he was seriously injured. They thought he was drunk. The ambulance he was riding in took Rosenbaum to Howard University Hospital, instead of a hospital located closer to the crime scene, because one of the workers had personal business in that area.

Rosenbaum was placed on a gurney at the hospital where he was left unattended. A doctor did not examine him for over 90 minutes. He was finally given a neurological exam nearly four hours after he arrived at the hospital. He died two days later.

Rosenbaum’s children were also upset that police did not follow up on a lead related to a beating crime that occurred several weeks before their father was assaulted. One of the men convicted of attacking Rosenbaum was also the attacker in the earlier assault.

Rosenbaum’s children say the failures to act by emergency workers, police, and the hospital were partially responsible for their father’s death. Rosenbaum’s children reached a settlement with the District in March. They agreed to forgo financial compensation as long as the city revised the way its emergency medical response system works. The details of the agreement with Howard University Hospital remain confidential.

If someone you love died because of the negligence of a hospital, police, emergency workers, a nursing home staff, or anyone else, you should contact a Maryland or Washington D.C. personal injury lawyer right away.

Hospitals are supposed to administer patients with a reasonable standard of care. Failure to do so is medical malpractice and grounds for a claim or lawsuit.

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007
Family of slain New York Times reporter settles medical malpractice lawsuit with D.C. hospital, IHT.com/AP, December 21, 2007

Related Web Resources:

Slain Journalist’s Family Files $20 Million Lawsuit, Washington Post, November 21, 2006

Howard University Hospital in Washington D.C.

Father of US Soldier Wins $10.9 Million Personal Injury Lawsuit in Maryland Against Baptist Church For Funeral Protest

November 1, 2007 | Lebowitz & Mzhen

The father of a solider killed in Iraq won a $10.9 million personal injury verdict against the Westboro Baptist Church, a fundamentalist church in Kansas. The church pickets at military funerals because it believes that the Iraqi War is God’s way of punishing the US for its acceptance of homosexuals.

The Maryland lawsuit is the first lawsuit to be filed by surviving family members of a deceased solider because protestors picketed a funeral. Albert Snyder sued for unspecified damages because church members demonstrated at his son, Lance Corporal Matthew Snyder’s funeral in March 2006. Albert Snyder says the protest ruined his experience and memory of the funeral and intruded upon what should have been a private ceremony for friends and family.

The Maryland jury awarded Albert Snyder $2.9 million in compensatory damages. It awarded Snyder $2 million for emotional distress and $6 million for punitive damages because of invasion of privacy. The value of the compensatory damages is greater than the defendants’ net worth.

The defendants in the personal injury case, Reverend Fred Phelps and his daughters Rebecca Phelps-Davis and Shirley Phelps-Roper were found liable for intent to inflict emotional distress and invasion of privacy.

Last month, a federal judge in Maryland had cleared the defamation charge against the defendants. The church had said that Lance Corporal Snyder’s parents had taught him adultery and idolatry because they were divorced. The judge dismissed the defamation charge on the basis that adultery isn’t defamatory.

If you have been injured in any manner—whether physically, emotionally, or mentally—because of the negligent actions of another party or parties, you should speak with a personal injury attorney right away.

You could very well be entitled to compensatory damages and even punitive damage (punishing the defendant) as compensation for the harm, injury, or loss that you have suffered.

Church ordered to pay $10.9 million for funeral protest, CNN.com, October 31, 2007
Defamation claim dismissed against funeral-protesting church, Eyewitness News, October 16, 2007

Related Web Resources:

Westboro Baptist Church military funeral protests ruling reinforces rule of law, Jurist.com, October 18, 2007

Maryland Swimmer Seriously Injured in 2004 Car-Truck Collision Will Compete in 2007 Ironman World Championship

October 11, 2007 | Lebowitz & Mzhen

Brian Boyle, a Maryland swimmer who was critically injured when his car was struck by a speeding dump truck three years ago is continuing his remarkable recovery from his catastrophic injuries. The 21-year-old will be competing in this weekend’s Ironman World Championship in Hawaii.

In 2003, Boyle had been returning to his home in Welcome, Maryland after swimming practice when the devastating traffic collision occurred. The impact of the crash caused his heart to be knocked across his chest. He also shattered his pelvis and broke his clavicle and several ribs. Boyle also sustained head injuries and nerve damage to one of his shoulders. His kidney and liver failed, and his lungs collapsed. He experienced 60% blood loss and lost his gall bladder and spleen.

Boyle was placed in a chemically induced coma. He underwent 14 surgeries, 13 plasma treatmentsm, 36 blood transfusions. He lost 100 pounds.

Doctors said Boyle would never function normally again. Through hard work and proper medical and recovery care, however, Boyle has regained his ability to walk and talk. One year after the accident, Boyle enrolled in St. Mary’s College in Maryland where he is an honors student and a swim team member.

Now, Boyle is also getting ready to compete in the Ironman Triathlon World Championship, which is a 140.6-mile race that involves riding a bicycle, swimming, and running. He has already completed a half-Ironman race ( 70.3-mile triathlon).

Catastrophic Injuries

Catastrophic injuries are injuries that occur unexpectedly. They are categorized as catastrophic because when they happen the ramifications on a person’s life are catastrophic.

Common kinds of catastrophic injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Serious burns
• Accidental amputation
• Serious eye injuries
• Neurological problems
• Multiple fractures
• Multiple broken bones

If you or someone you love is suffering from catastrophic injuries because of an accident that was caused by someone else’s carelessness or recklessness in Maryland or Washington D.C., you should contact an experienced personal injury lawyer right away.

A person who has sustained catastrophic injuries can increase his or her chances of recovery with the proper medical care and rehabilitation treatment. Costs for this type of care and recovery can be very expensive—possibly even unaffordable—without additional financial resources. A family whose primary financial caretaker has become incapacitated because of a catastrophic injury could find themselves in dire straits without help.

A good personal injury attorney will know how to assess your injuries so that he or she can determine how much recovery you and your family will need. Additional reconstructive surgery, ongoing prescription medication, and other special considerations will also have to be taken into consideration. A personal injury lawyer can work with the negligent party’s insurance company to reach a settlement agreement or, if necessary, file a personal injury lawsuit to recovery damages.

Boyle meeting another goal in recovery from near-fatal accident, USA Today.com, October 11, 2007

Related Web Resources:

Brian’s Story; Miracles Do Happen proving “Anything Is Possible”, Cannondale.com, October 6, 2007
2007 Ironman World Championship

National Safety Council Says Accidents are Major Cause of Death In Maryland and Washington D.C.

October 3, 2007 | Lebowitz & Mzhen

The National Safety Council says that accidental deaths are increasing in the United States. It also cited accidents as the number three cause of death in Washington D.C. and the number six cause of fatalities in Maryland.

The NSC says that accidents are the major cause of death for people between the ages of 1 and 41 in the United States. The NSC called accidental death the a silent epidemic, with one person dying in an accident every five minutes.

The leading causes of accidental death:

• Motor vehicle accidents
• Poisoning
• Falls
• Choking
• Drowning

These five factors reportedly make up 83% of all accident-related fatalities. Fire was another commonly cited cause of accident-related injuries and deaths.

The NSC also said that accidents were responsible for over 24 million nonfatal injuries in 2005.

Deaths and injuries caused by accidents are preventable. If you were injured or someone you love died because another party’s negligence caused your injury accident to occur, you should speak to an experienced personal injury attorney immediately.

Common personal injury accidents leading to injury or wrongful death include:

• Medical malpractice errors
• Slip and fall accidents because of unsafe premises
• Car accidents
• Truck accidents
• Boating accidents
• Motorcycle accidents
• Accidents caused by defective products,
• Pharmacy errors
• Inadequate security accidents

Your personal injury lawyer can help you file a claim or lawsuit for compensation against any negligent parties. There is no reason for you to suffer further because you are now straddled with exorbitant medical bills in addition to recovering from your serious injuries or loss. The negligent party should be held liable for causing your injuries or the death of your loved one.

Accidental Deaths Increasing at Alarming Rate, National Safety Council, CSR Newswire, September 21, 2007

Related Web Resources:

National Safety Council

Play it Safe- Preventing Accidents, NHS Borders

Maryland Man Gets 30 Years for Sex Abuse Crime

October 1, 2007 | Lebowitz & Mzhen

Roderick Parks has been sentenced to 30 years in prison for showing a live video on the Internet of him molesting a minor. The sentenced was handed down in Baltimore at the federal court.

Parks, 42, has AIDS. He was apprehended after Australian Federal Police were notified that there was a video online of him sexual assaulting a boy.

Even though Parks says he never slept with any minors, police say that he confessed to having sexual relations with an 11-year-old male repeatedly last year.

Sex abuse can lead to lifelong emotional, psychological, and physical injuries, including depression, fear, sexual problems, low self-esteem, suicidal tendencies, problems establishing intimate relationships, eating disorders, health problems, and drug abuse.

If your child has suffered because of sex abuse, you should contact a personal injury attorney immediately. Your personal injury lawyer can sue the perpetrator for compensation for the injuries that he or she inflicted on your loved one. Punitive damages may also be imposed to punish the abuser for his or her wrongful actions.

Sex abuse is a devastating crime, which can be prosecuted in a criminal court. Some reports show that about half a million children are sexually abused in the United States annually. Many incidents of sexual abuse, however, go unreported because children are ashamed or unable to report the incident. In 2004, The American Academy of Child & Adolescent Psychiatry said that there about 80,000 cases of child sexual abuse that are actually reported each year.

Childhood sexual abuse involves sexual activity between an adult and a minor. The age of consent, where a person is deemed old enough to be able to consent to sexual involvement, can vary from state to state. In Maryland and Washington D.C., the age of sexual consent is 16.

Child sex abuse can include molestation, indecent exposure, incest, sexual assault, lewd conduct, rape, prostitution, and the broadcasting/distribution of pornography.

Man gets 30 years for child sex abuse, Examiner.com, September 13, 2007
Child Sexual Abuse, American Academy of Child & Adolescent Psychiatry, July 2004

Related Web Resources:

Maryland: Age of Consent Laws

Statistics Surrounding Child Sexual Abuse, Darkness to Light

Lead Paint Discovered on Washington D.C. Park Fence Near Where Hundreds of Kids Play

September 20, 2007 | Lebowitz & Mzhen

A Washington D.C. television news team from 9NEWS NOW has found lead on a park fence at the Friendship Recreation Center Park located on Van Ness Street. The team took paint samples and sent it to the GPL Lab. The lab, located in Frederick, Maryland, also does tests for the Environmental Protection Agency (EPA).

GPL experts say that the paint consists of 9.3% lead, which is considered a high concentration in paint chips. GPL said that this probably makes the fence a hazard. Hundreds of children play in the park regularly and may be at risk of sustaining lead poisoning or have already been injured or become ill as a result of exposure to the lead on the paint. Any injuries or death could be grounds for a personal injury or wrongful death claim or lawsuit against any negligent parties.

Department of the Environment has sent a risk assessor to get more samples from the fence. He says that he wants to determine if other park fences in D.C. also contain lead paint.

Lead paint has been banned in the U.S. since 1978. However, there are homes and other properties that were built before that year that may still have lead paint.

Lead poisoning can occur if a child ingests small chips of paint. There have been cases of lead poisoning that have been reported where infants became injured or died after chewing or sucking on a surface, such as a toy, that had lead paint. More than 50% or kids residing in urban areas are exposed to lead. Over 4% of children have lead poisoning. It can take years before medical problems attributed to lead poisoning can appear in children.

Injuries in children from lead poisoning can include kidney disease, brain damage, and learning disabilities. Swallowing just a one-inch paint chip can result in permanent brain damage.

If you or your child is injured or ill because you were exposed to lead, an experienced personal injury attorney can investigate your case and file a claim against any negligent parties. Negligent parties in a lead poisoning injury case might include, paint manufacturers, contractors, painters, real estate sellers, landlords, real estate brokers, the city or municipal government, toy manufacturers, toy companies, plumbers, and others.

Lead Paint Found On DC Park Fence Where Hundreds Play, WUSA9.com, August 21, 2007
Who is to Blame for Childhood Lead Poisoning?, Lead-info.com

Related Web Resources:

Friendship Recreation Center, Department of Parks and Recreation
Kids and Lead Poisoning, Familydoctor.org
Child Lead Poisoning and the Lead Industry, Sueleadindustry.homestead.com

Lindsay Lohan Lawsuit Personal Injury Heads for Trial

September 17, 2007 | Lebowitz & Mzhen

Actress Lindsay Lohan will has been ordered by a judge to appear in court on April 7 for the personal injury lawsuit filed against her in an October 2005 motor vehicle accident.

The 21-year-old actress is being sued by the man whose van collided with Lohan’s Mercedes-Benz.

Los Angeles Superior Court Judge Michael L. Stern rejected a motion that said the lawsuit lacked legal sufficiency.

According to California Highway Patrol, Raymundo Ortega—the driver of the van—had been making an illegal U-turn. He is asking for at least $200,000 in damages from Lohan.

In his lawsuit, Ortega claims that Lohan was driving under the influence of alcohol and running away from the paparazzi when the accident happened. Ortega’s personal injury lawyer says the busboy became unconscious from the crash.

Lohan’s lawyer says that there is no proof that his client was drunk when the accident happened. Lohan and her female passenger suffered minor injuries from the accident.

Since 2004, Lohan has been involved in a number of motor vehicle accidents:

August 3, 2004: Lohan is sued for her involvement in a car accident.

May 31, 2005: Lohan is involved in a fender bender accident.

June 1, 2005: Lohan was in another car accident.

October 5, 2005: Lohan is in a car accident with a van that was making an illegal turn. In September 2007, the judge decided that the personal injury lawsuit against Lohan would go to trial.

November 7, 2006: Lohan is involved in a car accident where her motor vehicle “bumped” a paparazzo.

November 17, 2006: Lohan’s car crashes into a police car in London.

May 26, 2007: Lohan loses control of her car and hits a curb. She sustains minor injuries and is later arrested for DUI. Cocaine is found in her Mercedes.

July 24, 2007: The star chases her ex-assistant’s mother through Santa Monica’s streets after she takes over a white GMC. Lohan fails field sobriety tests and cocaine is found in her pocket. She is arrested for driving with a suspended license, a misdemeanor DUI, and felony charges of transportation of a narcotic and possession of cocaine.

If you or a loved one is injured in a car accident because another party was negligent, you should call a personal injury lawyer right away. Your attorney can determine whether you should file a personal injury claim or lawsuit against the negligent party.

Lohan Crash Lawsuit Will Go to Trial, AP, September 11, 2007
Lindsay Lohan to Visit Morgue, Complete List of her Car Crashes, 2snaps, September 13, 2007

Related Web Resources:

Personal Injury, NOLO

The US Consumer Product Safety Commission Issues Warning Against College Dorm Fires and Resulting Student Injuries and Deaths

August 21, 2007 | Lebowitz & Mzhen

At the University of Maryland in College Park, the US Consumer Product Safety Commission issued a national warning cautioning college students to be careful about fires on campus.

The US Consumer Product Safety Commission chose the University of Maryland at College Park as the venue for issuing the warning because it is known as a leader in fire safety.

The National Fire Protection Association says that each year, 46 students sustain burn injuries in college fires, while about 7 students end up dead. Property damage is about $25 million annually.

The top causes of college fires are burning candles and cooking.

In the last two years, two people have died in Maryland in college-related fires—both fires occurred off campus.

The NFPA and CPSC say:

• Most college fires that result in injuries take place in sleeping areas.

• Electrical products, halogen lamps, and portable headers are common causes of college fires.

The U.S. Fire Administration cites numerous causes of college-related fires, including:

• Improper use of 911 notification systems delays emergency response.
• Student apathy is prevalent. Many of us are unaware that fire is a risk or threat in the environment.
• Evacuation efforts are hindered since fire alarms are often ignored.
• Building evacuations are delayed due to lack of preparation and preplanning.
• Vandalized and improperly maintained smoke alarms and fire alarm systems inhibit early detection of fires.

• Misuse of cooking appliances, overloaded electrical circuits and extension cords increase the risk of fires.

Fires can lead to serious burn injuries that can result in nerve damage, scarring, disfigurement, great pain, psychological and emotional trauma, and other catastrophic injuries.

If you or someone you love was seriously injured in a fire in Maryland or Washington D.C. because another party was negligent, you should speak to a personal injury attorney right away.

College Dorm Fires On The Rise, WJz.com, August 21, 2007
Fire Safety 101: Colleges and Universities, US Fire Administration

Related Web Resources:

Get Out and Stay Alive: A Program for College Campus and Student Fire Safety, FEMA (PDF)

US Consumer Product Safety Commission