Wrongful Death

$2.4M Maryland Wrongful Death Verdict Awarded to Family of Forklift Driver Who Had Asbestos-Related Cancer

January 15, 2011 | Lebowitz & Mzhen

A jury has awarded $2.4 million to the family of Daniel Edwards for his Maryland wrongful death. Edwards died from mesothelioma in 2008.

His families said that he developed mesothelioma lung cancer from moving bags of asbestos for six years during the 60’s and 70’s while employed with National Gypsum. They contend that Union Carbide supplied and mined the asbestos and did not warn workers about the risks associated with exposure to asbestos even though they allegedly knew about the link between mesothelioma and asbestos two years before Edwards started working at the product manufacturer. Union Carbide’s lawyers have argued that it was National Gypsum’s job to warn its employees about the dangers of asbestos exposure.

However, a Baltimore City jury found that it was Union Carbide who was responsible for Edwards’ work-related disease. Because of the state’s cap on damages, the Maryland wrongful death award was lowered to $2.2 million.

$3.25M Montgomery County, Maryland Wrongful Death Lawsuit Seeks Damages from Bar Over 2008 Drunk Driving Crash that Killed 10-Year-Old

December 21, 2010 | Lebowitz & Mzhen

The family of Jazmine Warr is suing Dogfish Head Alehouse owner JMGM Group LLC for her Maryland wrongful death. The 10-year-old girl died from injuries she sustained during a Montgomery County car accident in on Interstate 270 August 2008. Her half sister Cortovia Harris, then 11, survived the crash with injuries, as did William J. Warr Jr., 53 and Angela T. Warr, 45.

Warr was fatally injured when the 1995 Jeep Cherokee that she was riding was struck by a vehicle driven by Michael D. Eaton, who has pleaded guilty to manslaughter with a vehicle and failure to remain at an accident scene where the defendant should have known or knew that death occurred. Eaton was reportedly driving his auto at speeds of 88 to 99 mph when he rear-ended the car that the Warrs were in.

Maryland State Police reports state that Eaton, a known drunk, spent at least two hours at the Dogfish Head Alehouse before the catastrophic collision. More than a dozen empty beer bottles were found in hisvehicle following the 2008 accident.

Maryland Fire Deaths of Two Frostburg State University Students Caused by Overheated Pipe

December 7, 2010 | Lebowitz & Mzhen

Investigators are now saying that the apartment fire that killed Frostburg State University students Alyssa Salazar, 20, and Evan Kullberg, 23, occurred because of an overheated flue pipe. The fatal Maryland fire occurred early Friday.

According to the state fire marshal’s office, the three alarm fire was caused by the flue pipe that went from a wood-burning stove through a wooden-frame wall on the first floor to the structure’s exterior. There is no indication that the smoke alarms in the couple’s apartment were working. Also, the building was constructed before the enactment of a 1990 law requiring new multifamily structures to set up sprinkler systems.

The state medical examiner’s preliminary findings is citing smoke inhalation as the two students’ cause of death. Salazar died on her birthday.

Maryland Premises Liability

Property owners and managers are supposed to make sure that their buildings are free from any hazards that could contribute to injury or death. This means making sure that there are no safety violations and that the appropriate devices, such as smoke detectors and fire alarms, and exit routes are in place in the event of the emergency. The building, its facilities, and utilities should also be properly maintained.

If someone you love was killed in an accident on a property that is owned or managed by another party, you may have grounds for a Maryland wrongful death lawsuit. If faulty maintenance or a product defect was a factor in causing the fatality, you also may have reason to seek damages from the product manufacturer or the company that provided the inadequate maintenance.

Fire that killed 2 Frostburg students was caused by overheated pipe, Baltimore Sun, December 6, 2010
No Smoke Detectors Found in Fatal Fire Near Md. Campus, Firehouse.com, December 7, 2010
Related Web Resources:

Fire Protection and Prevention, Maryland Code (PDF)

Fire Safety

Premises Liability, Maryland Accident Law Blog
Burn Injuries, Maryland Accident Law Blog

Family of Baltimore Bicyclist Settles Maryland Tanker Truck Accident Lawsuit Over His Wrongful Death

December 2, 2010 | Lebowitz & Mzhen

The family of John R. “Jack” Yates has settled their Baltimore truck accident lawsuit with Potts & Callahan Inc. and tanker truck driver Michael Dale Chandler. Yates, 67, died on August 4, 2009 when his bicycle got stuck in the truck’s large wheels. The terms of the Maryland wrongful death lawsuit are confidential.

Yates’s family had initially sought $5 million from the defendants. They had accused the excavation, demolition, and equipment rental company for negligence. Investigators, however, found that Yates was at fault in the Baltimore bicycle accident and charges were not filed against the trucker, who failed to stop at the Maryland truck crash site. Police did not think that Chandler knew he had struck Yates.

However, the family’s Maryland wrongful death lawyer has called the investigation “one of the sloppiest” involving a death that he has seen in a long time. He claims there was evidence that Chandler failed to signal before turning and that this was not included in the police report. Also, the intersection where the crash happened had two large signs warning that there were bicyclists in the area.

Maryland Wrongful Death Case Seeks Damages for Police Shooting of Off-Duty Cop

October 19, 2010 | Lebowitz & Mzhen

The widow Baltimore police officer Norman Stamp is suing Officer John Torres, a fellow cop, for Maryland wrongful death. Stamp was shot by Torres outside a strip bar on April 22, 2008.

While police contend that Stamp got into a confrontation with Torres, which prompted him to pull out his gun and shoot the 65-year-old, the Suzanne Stamp’s wrongful death lawyer believes that Stamp “wrongly prejudged” the situation when he shot Torres, who was leaving the Haven Place club in Southeast Baltimore. Stamp was reportedly at the bar to celebrate his 44th anniversary with the police department.

The fatal shooting took place during a brawl involving Stamp’s fellow motorcycle club members. Torres maintains that as he separated Stamp from another man with a Taser, the off-duty cop first fell down the stairs and then approached him with his gun drawn. Stamp also allegedly refused to get rid of the brass knuckles that he had on his hand. However, the plaintiff’s Maryland wrongful death attorney says that a man in the parking lot turned to see Stamp fall down the steps after the shots were fired and that the off-duty cop stayed on the ground until medics arrived at the scene.

Maryland Upholds Non-Economic Damages Cap in Anne Arundel County Wrongful Death of Boy Who Drowned

September 24, 2010 | Lebowitz & Mzhen

The Court of Appeals has upheld a state law that limits how much plaintiffs can receive for pain and suffering. They issued their decision regarding Maryland’s damages cap in the Anne Arundel County wrongful death case involving Connor Freed, the 5-year-old boy who drowned in a swimming pool at the Crofton Country Club in 2006.

A jury had awarded Connor Freed’s parents, Thomas Freed and Debbie Neagle-Freed, about $4 million against DRD Pool Service Inc., the company that provided lifeguards to the pool. However, because of Maryland’s cap on non-economic damages, the payment was reduced to about $1 million. The Freeds then filed a claim contending that the cap was unconstitutional since it does not give equal protection to all people.

In its ruling, Maryland’s highest court said that the cap’s existence has a legitimate purpose as it keeps liability insurance affordable. The court did, however, side with the Freeds regarding their claim that the original jury should have been given the opportunity to consider additional damages for their son’s conscious pain and suffering prior to his death.

Mother’s $30 Million Maryland Wrongful Death Lawsuit Accuses Baltimore County Police of Excessive Force

August 20, 2010 | Lebowitz & Mzhen

Gwendolyn Cann is suing Baltimore County and six of its police officers for her son’s Maryland wrongful death. She is seeking over $30 million because she says that Baltimore police brutality resulted in the fatal shooting of 25-year-old Taevon G. Cann.

According to her Baltimore wrongful death complaint, Taevon was at the BP gas station at Merritt Boulevard and Dunman Way when two men in plain clothes “rushed” at him with handguns pointed. Taevon then placed his car in reverse to protect himself and that is when a Baltimore County police vehicle struck his car. The officers then surrounded him and shot him with over 70 bullets even though his arms were raised in surrender. One of the officers even shot Taevon in the back of the head. He was pronounced dead at the shooting site.

Police offered the Baltimore Sun a different account in 2008. They claimed that they had been following Taevon’s vehicle as part of a criminal probe and that when they ordered Cann out of the vehicle, he placed it in reverse and tried to hit a cop. His vehicle then hit a patrol car, causing an officer trying to get out of the vehicle to fall to the ground. The officers have said that this is when they started shooting the suspect.

Anne Arundel County Wrongful Death Lawsuit Claims 911 and Police Officers Botched Emergency Call

August 3, 2010 | Lebowitz & Mzhen

A botched 911 call and the alleged failure by Anne Arundel County police to immediately help an unconscious woman at the scene of a medical emergency are two of the reasons cited in the Maryland wrongful death lawsuit filed by the family of Asha Clark. The 22-year-old mother of five died last summer.

According to the Anne Arundel County wrongful death complaint, on June 25, 2009, Clark’s boyfriend Maurice Brown called 911 because she was having a seizure. He says that he was placed on hold for three minutes. Clark fell unconscious. Police eventually arrived at the apartment building, but rather than tending to her immediately they first stopped to arrest someone in the hallway for allegedly dealing drugs.

Errors or negligence on the part of a 911 operator, paramedics, police officers, or fire fighters that arrive at the scene of a medical emergency can prove catastrophic. A 911 dispatcher neglecting to send emergency help right away or Maryland paramedic malpractice are just some reasons the entity that they work for might be sued for Maryland personal injury or wrongful death.

$1.65 Million Frederick County, Maryland Wrongful Death Award Issued to Parents of Man Who Died in Accidental Shooting

June 28, 2010 | Lebowitz & Mzhen

Frederick County Circuit Judge John H. Tisdale has awarded the parents of Michael Abraham Brall $1.65 million in their Maryland wrongful death lawsuit against Brian Gregory Stone. Stone accidentally shot Brall on October 25, 2007.

The two men had been drinking at a local bar that night when the decided to go to Stone’s apartment. Stone, then 22, reportedly was showing Brall, 23, his roommate’s gun when it went off, sending a bullet into Brall’s chest. He died at the accident site.

At his 2008 criminal trial, Stone said he didn’t know the gun was loaded when he showed the gun to Brall. He says that Brall had asked to see the weapon. Stone was later found not guilty of reckless endangerment and manslaughter.

Prince George’s County Jury Awards $2.025 Million Maryland Wrongful Death Verdict to Family of Inmate Killed by Dump Truck

June 25, 2010 | Lebowitz & Mzhen

The family and estate of Rodney Jennings has been awarded a $2.025 Maryland wrongful death verdict against dump truck driver Wayne Goss and the state of Maryland, Jennings, 28, died in August 2007 after he was hit by a dump truck on Interstate 495.

At the time, Jennings was an inmate serving time for a drug-related charge. The Prince George’s County dump truck accident happened while he picking up trash. Jennings was part of a work detail working under the Maryland Department of Public Safety and Correctional Services.

On the morning of August 23, 2007, Jennings was struck by Goss’s 39-ton dump truck as he and other inmates on the work crew tired crossing the Exit 17 ramp for Route 202. His legs were crushed during the Maryland truck accident and, according to the family’s Prince George’s County wrongful death lawyer, Jennings experienced severe pain for about 45 minutes prior to his passing.