Wrongful Death

Baltimore, Maryland Truck Accident Lawsuit Seeks $5 Million for Family of Bicyclist

March 7, 2010 | Lebowitz & Mzhen

The family of John R. “Jack” Yates is suing a truck driver and his employer for the 67-year-old’s Baltimore wrongful death. Yates was cycling in the Charles North neighborhood on Maryland Avenue behind the truck driven by Michael Dale Chandler on August 4 when he got trapped under the loaded fuel tanker’s tires and was run over.

The truck kept going because Chandler does not appear to have realized that he had driven over anyone. Yates was pronounced dead at the crash site.

Now, Yates’ daughter and wife are suing the truck driver and Potts & Callahan Inc. for $5 million. Following an investigation into the Baltimore truck crash, the bicyclist was found responsible for the tragic accident since he was riding in the parking lane and tried to overtake the truck from the right. However, the plaintiffs’ legal team is adamant that Yates wasn’t at fault. Under Maryland law, bicyclists must keep up with the flow of traffic and make sure their bicycles stay to the right.

Harford County and Its Sheriff’s Office are Defendants in $145 Million Maryland Wrongful Death Lawsuit Alleging Police Brutality

February 3, 2010 | Lebowitz & Mzhen

The family of Dwight Jerome Madison is suing Harford County and the Harford County Sheriff’s Office for Maryland wrongful death. Madison, 48, died after police threw him in jail last June. His family is alleging wrongful arrest and police brutality. They are seeking $145 million from the defendants.

According to the Maryland police brutality lawsuit, Madison was arrested on June 11, 2009 just hours after police stopped him in Bel Air. The 48-year-old was let go after he told them he was looking for a friend in the area. Police officer followed him and arrested him for trespassing. He was transported to the Harford County Detention Center.

Police claim that Madison asked to be arrested so he would have some place to go. They then contend that while in custody, he became uncooperative and grabbed and choked one of the guards. Police TASERed Madison, who fell and struck his head.

State’s Board of Public Works Approves $1.5 Million Lutherville Train Accident Settlement in Maryland Wrongful Death of Two Teenagers

January 27, 2010 | Lebowitz & Mzhen

Maryland’s Board of Public Works has given the green light to a $1.5 million Baltimore County wrongful death settlement over the fatal train accident that killed two teenagers last year. Kyle Patrick Wankmiller and Jarrett Connor Peterson were walking along tracks that are usually used by trains headed southbound in Lutherville on July 5 when a northbound train hit the two 17-year-olds. The Maryland Transit Administration had switched the direction of traffic on the tracks.

Following the deadly Maryland train collision, the MTA said the two teens had their backs to the trains when they were hit from behind. A spokesperson says the two boys thought the train was using the other track as it approached them. The public is not allowed to be on the tracks unless they are at designated crossing areas.

The train’s operator reportedly did not notice that the train had hit the two boys and did not stop. The operator of a second train that later passed through also failed to see the teenagers. It wasn’t until a third train came through that a fare inspector saw their severely injured bodies.

$1.2 Million Maryland Wrongful Death Settlement Reached with Family of Teen Restrained at Carroll County, Reform School

January 8, 2010 | Lebowitz & Mzhen

The family of Isaiah Simmons III has reached a $1.2 million Maryland wrongful death settlement with Bowling Brook Preparatory School and the state’s Department of Juvenile Services. The Maryland teen died in 2007 after he was restrained at the reform school.

Simmons’ family had accused counselors of holding him face down and sitting on him for about three hours. Simmons, a Baltimore 17-year-old, eventually lost consciousness and stopped breathing. The counselors are accused of waiting 41 minutes after Simmons became unresponsive to contact 911. Simmons was pronounced dead at Carroll Hospital Center. Following the tragic incident, Bowling Brook maintained that its staff followed appropriate procedures and denied that workers knelt or sat on Simmons’ head or torso.

Per the school’s report, on January 23, 2007, a staff member questioned Simmons about threats he allegedly made. The teenager allegedly made more threats and at around 4:45 pm, staff members and students restrained him. An ambulance was called at about 8:15 pm.

Family Says Maryland to Blame for Faulty Bay Bridge Construction that Contributed to Truck Driver’s Wrongful Death

December 14, 2009 | Lebowitz & Mzhen

The family of truck driver John Short has amended their Maryland wrongful death complaint to include the state as a defendant. Short died in a truck crash in August 2008 when he swerved his tractor-trailer to avoid another vehicle, crashed into a bridge wall, and drove off the Chesapeake Bay Bridge.

In June, the 57-year-old trucker’s family filed a $7 million Maryland wrongful death lawsuit against 19-year-old Candy Lynn Baldwin, who had fallen asleep while driving.

While Baldwin, who had been drinking before the tragic Maryland truck crash, did not have a blood alcohol level high enough for her to be charged with drunk driving, Short’s family says her results would have been different if authorities had tested her BAC right after the truck collision. They have pointed to her MySpace page, which included pictures of Baldwin, a minor, drinking alcohol. One photo shows her holding a bottle of alcohol while she’s seated in the driver’s seat of a motor vehicle.

NHTSA Says More Traffic Deaths Occur on Rural Roads

October 7, 2009 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration reports even though more car accidents happened in urban areas, 56% of the 37,261 traffic deaths that occurred in 2008 took place on rural roads. There were 20,905 rural traffic deaths last year.

One reason for the number of deaths that occur in rural areas is that people tend to drive faster on roads that are not as designed and engineered as well as they are in urban areas. Two of the other reasons that rural auto accident deaths happen is people failing to use seat belts or driving drunk. It can also take longer for medical help to arrive at a rural car accident site. 222 of the 591 Maryland traffic fatalities in 2008 occurred in rural areas.

Findings from another traffic accident study, recently discussed in ScienceDaily.com, affirmed the NHTSA’s findings that driving in rural areas is not safer than driving in urban areas. The study, conducted by researchers abroad, reports that:

University of Maryland Student’s Mother Awarded $4 Million Prince George’s County Wrongful Death Verdict Over Deadly Bowie Car Crash Involving Off-Duty Cop

September 21, 2009 | Lebowitz & Mzhen

Nearly two years after University of Maryland student Brian Gray was killed in a deadly car accident involving an off-duty cop driving a police cruiser, a jury has awarded his mother, Mary Gray, over $4 million for his Prince George’s County wrongful death.

Gray, a college junior, was driving to campus early on the morning of December 10, 2007 when a police vehicle driven by Cpl. Mario Chavez struck his Chevy Beretta. The 20-year-old’s body was thrown 85 feet past the Bowie car accident site, which was at the intersection of Beaverdale Lane and Belair Drive.

Chavez was driving 50 mph in a 25 mph zone. He admits that he drank three to five beers the night before the motor vehicle accident and was driving home after staying at a friend’s house when the fatal collision happened. Authorities did not make Chavez take a drunk driving test at the Maryland car crash scene.

Maryland Car Accident Lawsuit: Family of Teen Killed in Crash Plans to Sue Calvert County Sheriff’s Office for Wrongful Death

September 14, 2009 | Lebowitz & Mzhen

The family of Dunkirk teenager Rachael Campbell is getting ready to sue the Calvert County sheriff’s office for her Maryland wrongful death. The 18-year-old died on July 24 when the 1997 Buick LeSabre she was riding was hit by a 2006 Ford Crown Victoria cruiser at Route 4 and Apple Way.

The driver of the cruiser, Deputy C. Wayne Wells, was headed to an emergency domestic violence call when the deadly Maryland car crash happened. His vehicle was moving at a speed of 110 mph in a 45 mph zone and his sirens and lights were activated.

Campbell was attempting to cross two northbound lanes when Wells struck her vehicle. Campbell’s vehicle caught on fire and she died at the Maryland auto crash site. Wells sustained life-threatening injuries during the traffic accident but was later released from the hospital.

Maryland Wrongful Death: Jury Orders Man to Pay $50,000 for Failing to Prevent Stepson’s Suicide

September 1, 2009 | Lebowitz & Mzhen

In Baltimore Circuit Court, a jury has awarded Joseph Montes, the father of 16-year-old Brian Montes, $50,000 for his suicide death. The defendant in this Maryland wrongful death lawsuit is Frank Eisler, the boy’s stepfather.

Brian killed himself on April 11, 2005. He shot himself in the head with a 9mm gun. Even as a young boy, Brian suffered from depression and displayed a suicidal streak. His parents were divorced and he lived with his mother and Eisler, who kept 11 guns in their home.

Despite being aware of Brian’s suicidal streak, Eisler kept one gun in an unlocked drawer with its clip located nearby. A number of days after overdosing on his stepfather’s painkillers, Brian killed himself.

Jury Awards $1.85 Maryland Wrongful Death Verdict to Couple Over Son’s Fatal Birthing Injury

August 3, 2009 | Lebowitz & Mzhen

A Montgomery County, Maryland jury has awarded John and Sandra Ketterman $1.85 million for their newborn’s wrongful death. Their son, Benjamin, died two days after he was born in July 2005.

The Kettermans had accused Dr. Leonard Bienkowski of negligently using vacuum extraction during their son’s delivery at Frederick Memorial hospital. In their Maryland wrongful death complaint, the couple contended that the doctor neglected to follow the standards of medical care and failed to warn them about the potential dangers associated with the procedure. They also claimed that Bienkowski opted to use this process even though their son wasn’t in distress. The Kettermans have said that if they had known of the risks, they would have opted for the doctor to deliver their son via emergency cesarean section.

Benjamin sustained a fatal birth injury when his head got stuck in the birth canal during delivery. The Maryland jury awarded $100,000 for the newborn’s pain and suffering before he died, $752,000 for economic damages, including funeral costs and medical expenses, and $500, 000 to each parent for their suffering.