Wrongful Death

$91.5M Nursing Home Neglect Verdict Awarded to Family of Woman for Her Wrongful Death

August 9, 2011 | Lebowitz & Mzhen

Our Baltimore nursing home abuse lawyers represent victims of Maryland nursing home negligence and their families. Nursing home operators should be held liable when abuse or poor care causes a patient to suffer serious injuries, illness, or death. For more information, please visit our Maryland Nursing Home Lawyer Blog for more information.

Unfortunately, incidents of nursing home neglect and abuse throughout the US are not uncommon. Recently, a jury awarded the family of one elderly woman $91.5 million in their nursing home negligence case blaming assisted living facility Heartland of Charleston, which is owned by HCR ManorCare Inc., for her wrongful death. HCR Manor Care is a Carlyle Group nursing home subsidiary.

According to attorneys for the plaintiffs, Dorothy Douglas’s health deteriorated to the point that she was near death during her three-week stay at the nursing home in 2009. By the time she was transferred to another facility, the 87-year-old woman, who suffered from Parkinson’s disease, dementia, Alzheimer’s, and several other conditions was unresponsive, severely dehydrated, and had lost 15 pounds. She died soon after.

Defendant’s Shoes Included in Anne Arundel County Wrongful Death Settlement Over Deadly 2009 Beating of Crofton Teen

May 9, 2011 | Lebowitz & Mzhen

The parents of Christopher Jones have settled their Maryland wrongful death case with five of the six teenagers accused of involvement in his fatal assault. Jones, 14, died in May 2009 when he was beaten while riding his bike in Crofton. Two teens pleaded guilty to manslaughter over the deadly beating while several others who allegedly involved were not criminally charged because they did not actually hit Jones.

Although the terms of the Anne Arundel County wrongful death settlement are confidential, what is known is that one of the teen defendants in the civil case, Eric Ali, was asked to hand over his new sneakers as part of the agreement. Ali was among those who were never criminally charged in the case. However, according to the Baltimore Sun, Jones’ mother Jennifer Adkins says that she wanted Ali to say that she’d taken the shoes from his feet.

One of the teens who did plead guilty, Javel George, was not a defendant in the civil lawsuit. The Jones family’s attorney said it was unlikely they would have been able to ever get anything from George, who has no assets.

$40M Baltimore Wrongful Death Lawsuit Filed Over Fatal Maryland Motorcycle Crash Involving High-Speed Police Pursuit

April 16, 2011 | Lebowitz & Mzhen

The mother of Haines Holloway-Lilliston is suing the city of Baltimore and Police Officer Timothy Everett Beall for Maryland wrongful death. Holloway-Lilliston died last year in a Baltimore motorcycle accident that occurred during a high-speed police chase. Now, Connie Holloway-Johnson is seeking $40 million.

Holloway-Johnson believes that her son’s death was caused by Beall, who, per an investigation report by he Maryland State Police, kept following the 27-year-old even after he was ordered to “end the chase” and he had turned off is siren and lights. Distracted by radio communication and his telephone, Beall’s police car rear-ended Holloway-Lilliston, whose body ended up bouncing off the vehicle. These findings are counter to what Beall told investigators when he said that the motorcyclist “crashed out in front of him.” No criminal charges have been filed against Beall.

Police Pursuits

$10M Montgomery County Wrongful Death Lawsuit Accuses Police of Excessive Use of Force

March 29, 2011 | Lebowitz & Mzhen

The family of Emmanuel O. Okutuga wants the Montgomery County Police Department to pay them $10 million for his Maryland wrongful death. The 26-year-old Bowie State University student was fatally shot by police in Silver Spring outside the City Place Mall on February 19.

Officer Christopher Jordan had gone to the mall after reports that Okutuga had assaulted a security guard. Police say that Jordan shot Okutuga twice after the latter refused to drop the ice pick he was wielding.

Okutuga’s family contends that the shooting was unjustified. In their Montgomery County police brutality complaint, they say that witnesses testified that he did not advance on the officer or threaten him or any civilians who were there.

$5M Maryland Tractor-Trailer Accident Lawsuit Seeks Damages for Man’s Wrongful Death

March 21, 2011 | Lebowitz & Mzhen

The family of King W. Mungai has filed a $5 million Maryland wrongful death lawsuit against trucker Gordon Scott Barnes and his employer Cargo Transporters. Mungai, a College of Southern Maryland student, was killed in January 2009 when the Toyota Corolla he was driving was struck by the truck driven by Barnes.

While police initially said that Mungai failed to yield to the truck driver, the Maryland tractor-trailer accident lawsuit claims that it was Barnes who was negligent. The family’s wrongful death lawyer says that they now have information that wasn’t in that report.

In their Maryland wrongful death complaint, the plaintiffs claim that just before the semi-truck crash, Barnes ran a red light and that this was when the Freightliner hit the Toyota from the side, pushing it off the road. They want compensation for funeral costs, lost wages, and emotional suffering.

$3.3M Prince George’s County Pedestrian Accident Awarded Over Woman’s Maryland Wrongful Death

March 14, 2011 | Lebowitz & Mzhen

A jury has awarded the family of Kelay Smith $3.3 million against the state of Maryland for her Prince George’s County pedestrian accident death. Kelay, 26, died when she was hit by a driver while walking on the 5700 block of Pennsylvania Avenue, which is also called Route 4, on August 12, 2008. At the time Kelay, who was five months pregnant, was walking home with her sister Krystal Fletcher, 22, who was not injured. She and her unborn child died at the hospital.

The Maryland pedestrian deaths happened when a car driven by Petrello Cabbagestalk drove onto the shoulder of the road, striking Kelay and pedestrian Derrick R. “Mooky” Jones. The 30-year-old Forestville resident died at the accident site. Cabbagestalk, whose car slammed into a tree, was taken to the hospital with serious injuries.

The family’s Maryland wrongful death lawyer contends that the pedestrian deaths were preventable. He says there is a 200 feet gap on the street where there are no guardrails or sidewalk. That is where the Prince George’s County traffic crash happened. He believes that the state could have done more to make that area of the road safer for pedestrians.

Maryland Wrong Death Lawsuit in 2008 Medevac Crash Blames FAA for Traffic Control Negligence

March 4, 2011 | Lebowitz & Mzhen

17-year-old Ashley Younger’s mom is seeking Maryland wrongful death damages from the Federal Aviation Administration. Younger was one of four people that died in the September 27, 2008 medevac helicopter crash in District Heights. At the time of the Prince George’s County aviation accident, Younger and Jordan Wells, 20, were being transported by medevac for treatment of injuries they sustained in a car crash. Wells, who survived with serious injuries and had to have her right leg amputated, filed her $50 million Maryland personal injury lawsuit against the FAA last year.

In her Prince George’s County wrongful death complaint, Younger’s mother, Stephanie, is claiming that traffic controllers gave the Trooper 2 helicopter’s pilot incorrect and outdated weather information and were negligent when communicating with the medevac chopper’s pilot. She also contends that they were inattentive and unresponsive when he asked for guidance as he got closer to the runway. The helicopter ended up crashing in a wooded area.

Also killed in the accident were state police Pilot Stephen J. Bunker, state police flight paramedic Trooper 1st Class Mickey C. Lippy, and EMT Tonya Mallard. Lippy’s widow is suing for $15 million, while Mallard’s widower wants the FAA to pay $7 million for her Prince George’s County wrongful death.

$10M Prince George’s County Wrongful Death Lawsuit Seeks Damages Over Man’s Fatal Stabbing

February 28, 2011 | Lebowitz & Mzhen

The mother of George Harrison Cooper III is suing Prince George’s County officials and the owners and operators of the CFE Event Center for his Maryland wrongful death. The 25-year-old Washington DC man was murdered last August during a stabbing incident at the Forestville club. Now, Tracy Cooper is seeking $10 million on behalf of her son’s estate.

The stabbing took place on August 22, 2010 at around 3:30 in the morning. No arrests have been made.

In her Prince George’s County wrongful death complaint alleging Maryland premises liability, Cooper accuses CFE owners Bernida Williams and Kevin Darby of running the club as if it were a dance hall, even though its permit prohibits this. She also contends that the defendants provided inadequate security even though there had been other violent incidents outside and inside the club.

Looking for Ways to Decrease the Number of Maryland Car Crashes Caused by Drunk Drivers

January 31, 2011 | Lebowitz & Mzhen

Our Baltimore personal injury lawyers represent many people that have been hurt in Maryland car crashes because a driver was drunk. It is unfortunate that despite laws that make it illegal for people to drive while intoxicated, and all the efforts to educate people about the dangers of drunk driving, people continue to die in drunk driving accidents.

This isn’t to say that the number of US drunk driving crashes hasn’t gone down. While almost 12,000 people died in auto accidents involving a drunk driver in 2008, 10,839 people were killed in drunk driving crashes in 2009. Our Rockville, injury lawyers hope that this figure continues to go down.

Last week, the transportation safety officials and advocates against drunk driving took a look at technology under development that would stop drunk drivers from driving. The Driver Alcohol Detection System for Safety (DADSS) technology (DADSS), would prevent drunk drivers from being able to operate their vehicles if they had a blood alcohol concentration of .08 or greater. DADDS could be voluntarily installed in new vehicles. One DADSS system uses a breath-based approach, the other system is touch-based.

$270 Baltimore Wrongful Death Lawsuit Seeks Damages Against Police Officer Charged with Man’s Murder

January 19, 2011 | Lebowitz & Mzhen

The family of Tyrone Brown is suing Baltimore Police officer Gahiji Tshamba for his Maryland wrongful death. They are seeking $270 million. Tshamba shot Brown dead last summer outside a Mt. Vernon night club. The Baltimore cop is charged with first-degree murder.

Per charging documents, Tshamba shot the East Baltimore man 12 times on June 5, 2010—not just 6 or 9 times, as was reported. Witnesses say that Brown grabbed Tshamba’s female companion in an inappropriate fashion and that was when the officer challenged him with his gun. The Baltimore wrongful death complaint contends that Brown’s hands were already in the air before the off-duty cop shot him.

Also named as defendants are the state of Maryland, Baltimore’s city council, its mayor, and Police Commissioner Frederick Bealefeld. The plaintiffs say that Tshamba violated department protocol because he was carrying his gun while intoxicated. They contend that Tshamba shouldn’t have been a member of the police force.