Premises Liability

Hospital Technicians’ Lawsuits Allege Injuries from Radiation Exposure

February 14, 2014 | Lebowitz & Mzhen

A series of lawsuits brought by hospital technicians accuses the hospital where they worked of failing to maintain adequate shielding around its CT scan machine. The plaintiffs, in five individual lawsuits, allege that radiation exposure caused a variety of injuries and will require them to undergo cancer screenings for the rest of their lives. Two of the plaintiffs operated the CT scanner while pregnant and have brought claims on behalf of their children. The lawsuit names the company that operates the hospital, along with the engineering and architecture firms that built the addition housing the CT scanner, as defendants.

A computed tomography (CT) scanning machine rotates around a patient, using x-ray beams to create a cross-section image of the patient’s body. The process typically takes only a few minutes, so a patient’s exposure to dangerous radiation is minimal. Technicians who operate the scanners, however, could face prolonged exposure and associated health risks. Lead shielding in the walls surrounding a scanner is a standard method of protecting technicians from radiation. The technicians set up the scanner with the patient, then leave the room while the scanner is in operation.

Methodist Medical Center, located in Oak Ridge, Tennessee, opened a new emergency department building in 2006. This building included a facility for CT scanning. The plaintiffs claim that the room housing the CT scanner did not have sufficient lead shielding, resulting in dangerous levels of exposure to radiation over a seven-year period. All five plaintiffs claim that they are suffering from health problems related to radiation exposure, including thyroid problems, sleep issues, and headaches. They allege that they all face a significantly higher risk of cancer, and require regular cancer screening. Two of the plaintiffs worked while pregnant, and both have asserted claims for their children’s injuries. One of the children allegedly suffers from severe radiation-related health problems.

Jury Awards Over $5 Million to Man Injured in Storage Unit Collapse

January 30, 2014 | Lebowitz & Mzhen

A jury awarded more than $5 million to a man who suffered severe injuries when the ceiling of a rented storage unit collapsed on top of him, trapping him inside. The plaintiff in Wolkoff v. Sunshine Storage, Inc., et al, No. CACE09014543 (Fla. 17th Cir.), claimed that the defendants failed to construct the building correctly or to maintain it in good repair. The initial defendant, which owned and managed the building, claimed that the plaintiff was partly at fault for his injuries, as well as third-party defendants like the building contractor and the engineer. The jury apportioned fault among the parties, finding the plaintiff to be ten percent at fault. Unlike Maryland, which still follows the contributory negligence doctrine, this only meant a ten percent reduction of the damage award.

The plaintiff, a retired contractor living in Boca Raton, Florida, rented a storage unit in Deerfield Beach. He switched the lease to a larger unit, and on January 3, 2009, he was moving the contents out of the smaller unit and into the larger one. While he was standing in the smaller unit, the metal roof collapsed, trapping the then-66 year-old under about 3,000 pounds of debris.

The plaintiff was an avid bodybuilder, but the accident put an end to that. His injuries included a fractured pelvis, ruptured urethra, and nerve damage in both of his legs. He sought treatment at Johns Hopkins in Baltimore, Maryland to repair his pelvis and his urethra. Because of the damage to his pelvis, he had to use a colostomy bag for about three years. He lost his sight in one eye and became partially blind in the other. He developed multiple infections in his legs and feet, and is now vulnerable to additional infection. After extensive rehabilitation, he still requires the use of a walker or wheelchair. Many of these conditions are irreversible.

Complicated Web of Potential Liability in Undetected Carbon Monoxide Deaths at Hotel

December 26, 2013 | Lebowitz & Mzhen

A series of two separate occasions of death by carbon monoxide poisoning in a hotel room provides an overview of a complicated web of potential liability.

While it appears as though lawsuits have yet to be filed on behalf of an older couple and young boy who both died on two separate occasions due to severe carbon monoxide poisoning in a hotel room, the potential for liability of the various parties responsible seems apparent.

The first incident occurred in April, when a couple in their 70s died in their hotel room of unknown causes. Apparently, the fire department did not test the room for any potential gas issues, citing that it was not their responsibility, and also that their vehicles were not at that time equipped with testing equipment.

Punkin Chunkin Considers Move Due to Liability Concerns

November 11, 2013 | Lebowitz & Mzhen

The organizers of the popular Fall related event “Punkin Chunkin” are considering relocating out of Delaware due to concerns related to liability insurance and related costs.

The president of the Punkin Chunkin, which is a nonprofit organization, has begun to reconsider its location, taking into account its costs for services from governmental agencies (safety and parking coordination) within the state, in addition to liability limitations for lawsuits related to the festival’s activities. While the festival itself has reportedly grown by 56% over the past six years, the costs associated with the governmental agencies have reportedly grown some 600%. All proceeds from the event fund subsequent events, or are donated to various charities and/or scholarship funds.

Despite the costs of the various services, which also include on site emergency crews, organizers for the event acknowledge the need to have these agencies present on-site. The ability to respond immediately was mentioned specifically in regards to a car fire that occurred in the parking lot and an ATV accident in a past year.

Baseball League Faces Lawsuit over Allegedly Dangerous Bleachers

September 17, 2013 | Lebowitz & Mzhen

A youth baseball league in Preston County is facing a lawsuit, brought on behalf of the estate of a man who died seven months after he allegedly fell off of the top row of bleachers at a little league baseball game.

The lawsuit was filed on behalf of the man’s estate, by the man’s wife. It names the town where the incident occurred, the town’s youth league, and the park where the incident occurred as defendants. Collectively, according to the complaint, the defendants own, operate, and conduct necessary maintenance to the field where the fall happened.

Specifically, the complaint states, the 66 year old man was seated on the top row of the bleachers during the course of a baseball game that he was attending. According to the complaint, at some point during the game, he attempted to avoid being hit by a foul ball, and fell as a result of unsafe conditions, including the absence of safety railings on the bleachers.

Maryland Drinking Water Found to Contain Pollutants

February 4, 2013 | Lebowitz & Mzhen

The discovery of contaminated drinking water in Salisbury, Maryland last year reportedly led to a quick response by both the state and federal governments. Households in the area have received bottled water and filters, in the hopes of making the water safer for consumption. Investigators are still trying to determine the source of the contamination. The pollutant, an industrial solvent known as trichloroethylene (TCE), has unfortunately been a rather common contaminant in drinking water supplies around the country, and not every affected population has received as thorough a response as this Maryland town. Lawsuits against businesses and government entities, including a multi-district litigation (MDL) case against the federal government in Georgia, have asserted claims for negligence related to TCE contamination.

TCE is a volatile organic compound (VOC) used primarily in degreasing fabricated metal parts and other industrial processes. It does not occur in nature, but can end up in groundwater due to industrial use and disposal. It is usually colorless, nonflammable, and has an odor similar to chloroform. In large concentrations, it can have serious health effects. Contact with the skin can cause rashes, and consumption can cause liver problems and a heightened risk of cancer. The EPA, under the Safe Drinking Water Act, must establish a level for chemicals at which adverse health effects should not occur. For TCE, the level set by the EPA is zero.

TCE contamination in groundwater just south of Salisbury was first discovered in the fall of 2012. At least eighty-two homes have been affected by the pollutant. In tests of 227 private wells conducted by the Maryland Department of Environment (MDE), ninety-three tested positive for varying levels of TCE. The safety limit set by the state for TCE is 2.18 parts-per-billion (ppb). Some of the wells in Salisbury had TCE levels as high as fifty-six ppb. The source, or sources, of the contamination remains unknown. Investigators are reportedly puzzled by test results, some of which show one well with excessively high TCE levels and another well less than one thousand feet away showing almost no contamination.

Maryland Supreme Court Reconsiders Contributory Negligence Doctrine

September 23, 2012 | Lebowitz & Mzhen

An injury caused by a collapsed soccer goal has led the Maryland Supreme Court to reconsider the state’s longstanding doctrine of contributory negligence. Four states and the District of Columbia still follow this doctrine, which holds that plaintiffs may not recover damages in a lawsuit if their own negligence contributed to the accident or loss in any way, no matter how minimal. In Coleman v. Soccer Assoc. of Columbia, et al (Md., Sept. Term 2012, No. 9), the state Supreme Court is considering whether it should follow most U.S. states in adopting the doctrine of comparative negligence. This legal doctrine allows a plaintiff to recover, but reduces damages based on an apportionment of the plaintiff’s negligence.

Kyle Coleman, twenty years-old at the time, was attending a soccer practice at Lime-Kiln Middle School in Fulton, Maryland in 2008. As he went to retrieve a ball from the goal, he grabbed the crossbar. This apparently caused the crossbar to collapse, hitting Coleman in the face and crushing several ocular bones. He now has three titanium plates in his skull.

Coleman sued the Soccer Association of Columbia, which was responsible for the practice where his injury occurred. He alleged that it breached its duty to maintain the goal properly. A jury found that the association was negligent in failing to secure the goal, but it also found that Coleman was partly negligent. The contributory negligence doctrine therefore barred him from relief.

Penn State Prepares for Sexual Abuse Lawsuits After Sandusky Verdict

June 28, 2012 | Lebowitz & Mzhen

Penn State University is reportedly seeking to settle the civil lawsuits filed by victims of former assistant football coach Jerry Sandusky after a Pennsylvania jury convicted Sandusky on forty-five counts of sexual abuse. This reported intent includes lawsuits that were already filed against the university, and those that are sure to follow. Penn State proposed a process to “address the victims’ concerns and compensate them for claims” related to allegations of abuse by Sandusky and both inaction and concealment by the university. In all likelihood, the university wants to resolve all potential claims quickly. Several lawsuits are already pending in Pennsylvania courts.

Sandusky worked in the Penn State football program for decades, retiring in 1999 but staying on with an “emeritus” title. He founded The Second Mile, a charity intended to help at-risk youth, in 1977. Prosecutors alleged that he used the charity to find his victims. They also alleged that the university knew about allegations of abuse going back years but failed to follow up on reports and investigations. In addition to the charges against Sandusky, prosecutors charged several Penn State administrators with perjury and obstruction of justice. After a trial lasting about a week, a jury convicted Sandusky on all but three charges of sexual abuse, forty-five in total.

Fourth Circuit Apportions Damages Pro Rata in Maryland Lead Poisoning Case

March 14, 2012 | Lebowitz & Mzhen

A Baltimore girl’s $2 million jury verdict for toxic exposure to lead paint suffered a setback last month, when the Fourth Circuit Court of Appeals ruled that the insurance company for the realty company that owned the house where she lived would only be obligated to pay forty percent of the total judgment. She still stands to receive a substantial sum of money, but the court’s ruling cuts the amount she may realistically expect to collect.

Lakia Roberts lived at a house in Baltimore from 1991 to 1998. When she was only twenty months old in 1992, doctors diagnosed her with lead poisoning. She continued to exhibit elevated levels of lead in her blood until 1995. Lead poisoning can have serious health effects on children, including learning disabilities and kidney damage, according to the National Institutes of Health. Roberts and her mother filed a state lawsuit against Attsgood Realty Company in 2005, claiming that the company’s negligent management of the property where they lived caused her lead poisoning.

As we previously reported in this Maryland Accident Law Blog, a jury awarded Robert $2 million in 2009, consisting of $500,000 in actual damages and $1.5 million in non-economic damages. Due to a Maryland law that caps non-economic damages at $350,000, her total judgment was reduced to $850,000.

Attsgood had sought defense and indemnification from its liability insurer, Pennsylvania National Mutual Casualty Insurance Company, commonly known as Penn National. The company had issued an insurance policy to Attsgood with one year of coverage beginning on January 13, 1992, later extended by another year. Attsgood did not have liability coverage on the property before this date. Attsgood sold the property on November 1, 1993. The policy with Penn National stated that it would pay damages for bodily injury and property damage occurring during the term of the policy.

After the jury verdict in 2009, Penn National sought a declaratory judgment in federal court holding that it was only obligated to pay at most $340,000, that being forty percent of the judgment against Attsgood. It argued that, since Roberts’ claim was for ongoing damages occurring from her birth on January 17, 1991 until August 1995, when the lead in her blood reached normal levels, it should only be obligated pay pay for the damages that occurred after its coverage began on January 13, 1992 and before Attsgood sold the property in November 1993. Roberts argued that Penn National should be obligated to pay the full amount of the judgment.

Lawsuits Seek to Hold Maryland Company Liable for Death at West Virginia Festival

November 17, 2011 | Lebowitz & Mzhen

After a summer music festival in West Virginia turned tragic, a South Carolina man filed a lawsuit in federal court against the festival’s organizer, Maryland-based Walther Productions, and others. The man’s daughter, 20 year-old Nicole Miller, was killed while sleeping in a tent at the festival when a pickup truck rolled down a steep hill and crashed into her tent. Two friends with her suffered serious injuries. The two survivors, Yon Ten and Elizabeth Doran, each filed very similar lawsuits.

The lawsuit filed by Miller’s father names twelve defendants, including Walther, Virginia-based security provider Event Staffing, Inc., the owners of the festival venue, and the driver of the pickup truck. The suits claim that the defendants were negligent in failing to take “reasonable care” to prevent the accident that caused Miller’s death and Ten’s and Doran’s injuries. Miller’s suit also requests punitive damages.

The accident happened at the All Good Music Festival in Masontown, West Virginia on July 17, 2011. The driver of the pickup truck had parked at the top of a hill and allegedly lost control of the vehicle, causing it to roll down the hill and into a campsite. Conditions at the festival were allegedly muddy, and the plaintiffs contend that festival organizers and vendors knew or should have known of the danger of parking vehicles uphill from concert attendees because of the lack of traction in the mud.

Walther filed a response last week denying liability, as well as a cross-claim against several co-defendants. Walther asks to be dismissed from the lawsuit and argues that Event Staffing should be held liable for the accident, as it had direct responsibility for controlling dangerous situations, including parking. Event Staffing also asks for dismissal, and argues that Walther should contribute to any damage awards the court may impose on it. Other defendants have not yet answered the suit.