Wrongful Death

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

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

Scott Peterson Wrongful Death Civil Trial to Proceed

June 6, 2008 | Lebowitz & Mzhen

Scott Peterson, the man convicted of murdering his wife Laci Peterson and their unborn son Connor Peterson, will have to stand trial again—this time for a civil wrongful death lawsuit filed by Laci’s parents.

The ruling to have the trial go forward was made by a Stanislaus County Superior Court judge who said that Peterson’s conviction and death sentence could not speak for themselves. The plaintiffs in the wrongful death case are Laci’s parents, Dennis Rocha and Sharon Rocha.

The judge has stayed his ruling until June 23 so Peterson’s lawyers can appeal. Peterson, who is in San Quentin Prison, maintains that he did not kill his pregnant wife.

Laci’s body and Connor’s fetus were found in the East Bay nearly five months after she disappeared on Christmas Eve in 2002. Her parents, who initially sued for $25 million, are now asking for unspecified damages.

Although Peterson does not have the money to pay a large lawsuit, Laci’s parents want to make sure that he doesn’t make any money if he decides to sell his story. The murder of Laci and Connor had shocked the nation and books have been written and TV movies made about their killings. Sharon Rocha’s attorney says that Peterson can end the lawsuit if he agrees to a judgment of at least $10 million.

If your husband, wife, son, daughter, mother, or father has died in Maryland or Washington DC in an accident or incident that was caused by the negligence, malicious intent, or carelessness of another party, our wrongful death law firm can determine whether you have grounds to file a wrongful death claim against the negligent party.

If your loved one died because of someone else’s criminal actions, the murderer will not only face criminal charges, but he or she can be named as a defendant in a wrongful death lawsuit.

Scott Peterson likely faces second trial in wrongful death case, MiamiHerald.com, June 6, 2008

Related Web Resource:

The Laci Peterson Case, FoxNews.com

Frederick, Maryland Parents File $145 Million for Son’s Wrongful Death By Taser

May 29, 2008 | Lebowitz & Mzhen

In Frederick County, Maryland, the family of Jarrel Gray, the 20-year-old man who died last year after he was shocked with a police Taser twice is suing the Frederick County Sheriff’s Office, Sheriff Chuck Jenkins, and Corporal Torres for Gray’s wrongful death.

Jeffrey Gray and Tanya Thomas are the plaintiffs in the Maryland wrongful death lawsuit. They are asking for $145 million. Thomas says that Torres and her son knew each other. She is accusing Torres of going too far by using the device on her son.

Gray was legally drunk during an altercation, and Torres was called to the scene to intervene. Maryland’s medical examiner’s office says that Gray’s cause of death was sudden death connected to alcohol intoxication and restraint.

On May 9, a Frederick County grand jury ruled that Torres was justified in using a Taser to apprehend Gray, who did not follow the command to show his hands to the corporal.

Gray’s family and the NAACP, however, remain skeptical. The NAACP wants the Department of Justice and the Maryland Attorney General to conduct a civil rights probe into the Frederick County Sheriff’s Office use of Tasers. The NAACP also wants the Sheriff’s Office to stop using Tasers until after such a review.

Although an independent study by the Wake Forest University School of Medicine found that Taser use by police usually results in a low incidence of serious injuries, there have been numerous incidents across the United States where Taser use to apprehend a suspect has resulted in serious injury or death.

There is also the question of when using a Taser is appropriate and whether in certain incidents, police officers have abused their authority by using the device unnecessarily. A Taser is supposed to be a non-lethal defense device that delivers an electric shock to the target that is supposed to incapacitate his or her neuromuscular system.

If you were injured or someone you love died because a police officer used excessive violence, you may have grounds to file a Maryland police brutality or wrongful death case against the negligent party.

Family seeks $145 million for death of man in Taser case, BaltimoreSun.com, May 29, 2008
Taser probe nears end, but doubt lingers, Gazette.Net, May 15, 2008
Study Suggests Taser Use By US Police Is Safe, Medical News Today.com, October 9, 2007

Related Web Resources:

Taser Concerns Grow As Death, Injuries Mount, The New Standard, February 17, 2005

Frederick County Sheriff’s Office

Pregnant Maryland Woman and Her Baby Sustain Fatal Injuries in Tractor-Trailer Accident

May 27, 2008 | Lebowitz & Mzhen

In Anne Arundel County, Maria J. Lizama-Sanchez, 31, died last week after the minivan she was riding in was struck by a tractor-trailer. Lizama-Sanchez, was about 7 months pregnant, and doctors at Maryland Shock Trauma Center in Baltimore had to deliver the baby because of the seriousness of her injuries.

The child died soon after delivery. Doctors say the injuries from the multi-vehicle tractor-trailer crash were the baby’s cause of death. Lizama-Sanchez died about 90 minutes later from her catastrophic injuries.

The accident occurred near Glen Burnie. Maryland State Police say that traffic had slowed on southbound Interstate 97 so that a funeral procession could move through. An approaching tractor-trailer failed to stop, and the truck hit the Dodge minivan that Lizama-Sanchez was a passenger in.

Four other motor vehicles were struck in the collision. Lizama-Sanchez’s husband Walter was driving the van, and he also sustained injuries from the tractor-trailer accident. Five other people were injured in the crash, which involved six-vehicles, as one motor vehicle slammed into another.

The investigation is ongoing. Maryland State Police say that the funeral procession that shut down the roads onto Interstate 97 was for the father of an Anne Arundel County police officer.

Anne Arundel County police say that shutting off roads for funeral processions is a common practice but that the department would review its policies to make sure the shutdown on Friday was performed safely.

If you or someone you love was the victim of a car collision caused by another party’s negligence, contact our Maryland motor vehicle accident law firm immediately. You may be entitled to personal injury or wrongful death compensation, including medical costs, lost wages, funeral or cremation or burial expenses, and other damages.

Procession was for police officer’s father, Baltimore Sun, May 27, 2008
Pregnant Woman, Baby Fatally Injured When Truck Hits Van, Washington Post, May 24, 2008

Related Web Resource:

Summary of State Wrongful Death and Intestacy Statutes (PDF)

Family of Baltimore Police Officer that Was Shot By Fellow Cop Will File Maryland Wrongful Death Case

May 20, 2008 | Lebowitz & Mzhen

The surviving family members of Baltimore Police Officer Norman Stamp say they will file a Maryland wrongful death lawsuit against the city of Baltimore. Stamp, 65, was killed after being shot by another Baltimore cop during a brawl outside the Haven Place strip club on April 24.

Stamp was off duty that night. According to the police report, he was seen wearing brass knuckles as he left the club. Baltimore Police Officer John Torres, who was trying to prevent customers from leaving the bar during the brawl, tried to stop Stamp from leaving.

Stamp reportedly ignored Torres’s request, so the on-duty officer Tasered him. Stamp then drew his gun and Torres shot him. Police Commissioner Frederick H. Bealefeld III has said that Torres did what he’d been taught to do when faced with this kind of situation.

Stamp’s family and friends are disputing the account. They say there is no way that he could have pulled his gun if he was wearing the knuckles.

If you believe that your loved one was died because of the careless, reckless, or negligent actions of another party in Maryland or Washington D.C., our Baltimore wrongful death lawyers would like to talk to you.

Although you have three years from the date of death to file your Maryland wrongful death claim, it is important that you hire a wrongful death lawyer immediately to begin gathering evidence and investigating your case. Our Maryland wrongful death attorneys have helped many family members recover compensation for their loved one’s wrongful death.

We will investigate all evidence related to the wrongful death and interview witnesses that can confirm what happened to your loved one. We will work with top wrongful death, injury, and crime experts that know how to determine when recklessness or criminal actions led to your loved one’s untimely demise.

Baltimore cop’s slaying of fellow officer prompts lawsuit, Examiner.com, May 15, 2008
Off-duty Baltimore officer killed by police during bar fight, AP, April 24, 2008

Related Web Resources:

Maryland Wrongful Death Intestacy Statutes (PDF)

Maryland Family Files $207 Million Federal Lawsuit For Teen’s Wrongful Death at Reform School

May 15, 2008 | Lebowitz & Mzhen

In Baltimore, the family of Isaiah Simmons III, 17, has filed a $207 million wrongful death lawsuit against the Maryland Department of Juvenile Services, the Bowling Brook Preparatory School, and seven counselors at the now-closed private reform school.

Simmons died in January 2007 following a confrontation with counselors at the juvenile offenders’ school located in Carroll County, Maryland. Simmons’s family is accusing all the defendants of negligence leading to the 17-year-old’s “slow, agonizing, and excruciating death.” The East Baltimore teen had been sent to the reform school after he was found guilty in juvenile court for armed robbery.

The lawsuit alleges that on January 23, 2007, seven counselors threw Simmons to the floor and sat on him for “multiple” hours despite hearing him complain that he could not breathe and that he was in pain. The Carroll County Sheriff’s Office said that the counselors reportedly restrained him after he threatened to hurt staff personnel and other students at the school.

The lawsuit says that the school did not follow the accepted protocols and practices to restrain their son and that he suffocated to death. When the paramedics arrived, the boy was in cardiac arrest.

His family is asking for $207 million for every minute that Simmons was restrained. They are calling the method used to restrain him cruel and unusual.

Five counselors have been charged with reckless endangerment for waiting 41 minutes after the teenager became unresponsive to call a 911 operator for help. The FBI is still probing into whether more criminal charges and civil rights violations must be filed.

In Maryland and Washington D.C., our wrongful death lawyers can explore your legal options with you during a free consultation.

Family sues over teen’s death at reform school, Examiner.com, May 15, 2008

Related Web Resource:

Sun coverage: Teen dies at Bowling Brook, Baltimore Sun.com

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

Father Sues Washington D.C. After His Daughter’s Decomposing Body is Found in Her Mother’s Home

April 15, 2008 | Lebowitz & Mzhen

Norman C. Penn, Jr., the father of 16-year-old Brittany Jacks, is suing the District for $25 million following her death. Brittany decomposing body was discovered last January, along with the bodies of her three sisters, ages 5, 6, and 11, in her mother Banita Jacks’ southeast Washington rowhouse.

Penn is alleging that the city’s agencies failed to properly handle the complaints that his daughter’s life was in danger and that because of this negligence, his daughter endured physical, mental, and emotional injuries before her death.

He accused the District of failing “to properly train, supervise, control, direct, and monitor its employees in their duties and responsibilities” and wants to know why the D.C. government did not do more to make sure that the girls were living in a safe environment. Penn filed his wrongful death lawsuit in District of Columbia Superior Court.

Banita is being held without bond on murder charges after she was accused of killing her four girls. U.S. Marshalls discovered the decomposing bodies when they went to Banita’s house on January 9 to serve her an eviction notice.

According to investigators, the bodies were so badly decomposed that they have been unable to determine their cause of death or when the deaths happened—although they believe that the girls died months before their bodies were discovered.No one has reported seeing the girls alive since spring or summer last year.

Jacks, 33, told police that her children were possessed by demons and they passed away in their sleep.

D.C. Mayor fired six Child and Family Services Agency workers soon after, accusing them of not doing enough to investigate complaints regarding the quality of care that Jacks was giving her daughters.

In Maryland and Washington D.C., our personal injury and wrongful death lawyers have helped many injured parties recover their losses.

Father of Girl Found Dead in D.C. Home Sues District, Washington Post, April 9, 2008
Forensic Expert to Aid In Review of Evidence In Children’s Deaths, Washington Post, April 5, 2008

Related Web Resource:

D.C. Woman: “Demons” Possessed Slain Girls, CBS News, January 11, 2008

Maryland State Police and Three Maryland Counties Sued For Veteran’s Wrongful Death

April 9, 2008 | Lebowitz & Mzhen

The wife and parents of James E. Dean, 29, and Afghanistan combat veteran, has filed a $20 million wrongful death lawsuit against the Maryland State Police, St. Mary’s County, Calvert County, and Charles County.

A Maryland state trooper shot Dean in 2006 following a 14-hour standoff between the veteran and SWAT teams and armored vehicles outside his father’s house in St. Mary’s County.

Dean’s family says that Dean had been suffering from Post-Traumatic Stress Disorder and that 16 individual officers, the state, and the three counties acted maliciously and with “callous disregard” for his life during the altercation. The lawsuit accuses the defendants of “needlessly provoking Dean.”

Dean was diagnosed with PTSD and serious depression after he spent a year leading a small infantry division in Afghanistan. He was instructed by the military to head to Iraq for a tour in January 2006.

The night before his death, Dean drank large quantities of alcohol and started throwing plates around the house. His wife, Muriel says she ordered him to leave because she was afraid he would hurt himself.

Dean went to his father’s house. His sister Kelly called police because she heard a gunshot and feared that he would try to kill himself.

Police began arriving. Following several hours of negotiation, police fired tear gas into the house to force Dean out. Dean eventually opened the door and pointed his gun at a state police vehicle. He was shot and killed by a single bullet fired by State Police Sgt. Daniel Weaver.

In 2007, St. Mary’s state’s attorney issued a report that said Dean’s death could have been avoided if police officers had used less aggressive tactics.

The lawsuit says state officers failed to let family members talk to Dean, used paramilitary tactics against a man who was traumatized from war, and neglected to bring a psychiatrist in to diffuse the standoff.

If someone you love has died because of the negligent actions of another party, you should contact our Maryland wrongful death law firm immediately.

Veteran’s Family Sues Police, Counties, Washington Post, April 9, 2008
Reservist Due for Iraq Is Killed in Standoff With Police, Washington Post, December 27, 2006

Related Web Resources:

Maryland State Police

Post-Traumatic Stress Disorder, National Institute of Mental Health