Maryland Accident Law Blog

In Wrongful Death Suit, Frederick Man’s Family Sues Wal-Mart For $50 Million

December 28, 2006 | Lebowitz & Mzhen

The family of Keith Scofield, a Frederick man who died 20 days after being sold the wrong drug for diabetes at a local Wal-Mart, is suing the retail chain for $50 million in a wrongful death lawsuit. The documents were filed in Frederick County Circuit Court on December 1.

According to the documents, Scofield died on Jan 2, 2006 after taking a prescription that was five times stronger than the over-the-counter dose he had requested at the Guilford Drive Store on December 13. In the complaint, Wal-Mart is being accused of gross negligence related to insulin poisoning. This includes placing the public at risk and failing to properly train pharmacy employees.

Mr. Scofield’s parents and his brother Kraig Scofield are the plaintiffs in the lawsuit. Kraig was with Keith when a when a Wal-Mart employee gave Keith Humulin R (u-500) instead of Humulin R (u-100). The brothers were not aware that they had been given the wrong medication.

“Wal-Mart failed to implement a proper practice for training pharmacists how to execute their duties and their obligations under Maryland law,” Mr. Quinn wrote in the documents. “Wal-Mart had actual knowledge of the employee’s incompetence.”

The complaint goes on to say that the employee’s failure to include a warning with the medicine led to Scofield’s wrongful death.

Parents Of Natalie Holloway File Wrongful Death Suit Against Brothers

December 26, 2006 | Lebowitz & Mzhen

Natalee Holloway’s parents have filed a wrongful death suit against two former suspects in the missing Alabama teenager’s case. Holloway had disappeared in 2005 while on a trip with schoolmates. Aruba police had searched for Holloway, but no one has ever been charged for her disappearance.

Holloway, 18, was last seen getting into a car with the Kalpoes and their friend, Joran van der Sloot on May 30, 2005. Holloway’s parents are requesting unspecified damages and a jury trial. They filed the lawsuit one day after the brothers sued the Dr. Phil show for slander and libel.

The Kalpoe brothers claim that a private investigator had secretly taped a conversation with Deepak and aired the audio on the show. They are accusing the show of altering parts of the conversation to “create false, incriminating, and defamatory statements that the plaintiffs engaged in criminal activity against Natalee Holloway.”

In the civil suit, filed in Los Angeles Superior Court, Beth Twitty and Dave Holloway accuse Satish and Deepak Kalpoe of intentionally, negligently, wantonly” caused fatal injury to their daughter.

Calculating Damages

The law of each state governs the amount of damages recoverable by statutory beneficiaries. Compensatory damages, which are intended to make restitution for the amount of money lost, are the most common damages awarded in wrongful death actions. Plaintiffs who prevail in a wrongful death lawsuit may recover medical and funeral expenses in addition to the amount of economic support they could have received if the decedent had lived and, in some instances, a sum of money to compensate for grief or loss of services or companionship.

Determining the amount of damages in a wrongful death action requires taking into account many variables. To compute compensation, the salary that the decedent could have earned can be multiplied by the number of years he most likely would have lived and can be adjusted for various factors, including inflation. Standard actuarial tables serve as guides for the life expectancy of particular groups identified by age or gender. The decedent’s mental and physical health, along with the nature of his work, can be taken into consideration by a jury.

Damages cannot always be calculated on the basis of potential earnings because not everyone is employed. Courts have set minimum yearly dollar amounts for the worth of an individual’s housekeeping and for child care services. Moreover, an additional recovery might be justified on the basis of grief and loss of companionship.

Punitive damages may be awarded in a wrongful death case if the defendant’s actions were particularly reckless or heinous. Punitive damages are a means of punishing the defendant for her action and are awarded at the discretion of the jury.

Any damages recovered are distributed among the survivors subject to the statutes of each state. Courts frequently divide an award based on the extent of each beneficiary’s loss.

Limitations on Recovery of Damages

Some states limit the amount of money that can be recovered in a wrongful death action. For example, many state and local governments that waive sovereign immunity set a maximum amount of damages that can be recovered for a wrongful death. However, a number of states do not limit the amount of damages for wrongful death.

December is National Drunk And Drugged Driving Prevention Month

December 20, 2006 | Lebowitz & Mzhen

Every year, in the United States, National Drunk and Drugged Driving And Prevention Month reminds people of the dangers of drunk driving.

According to USA Today, over 1.5 million people were arrested in the U.S. in 2005 for drunk driving. At least that many people are believed to have driven while under the influence of drugs.

National Commission Against Drunk Driving Statistics:
· 41 percent of all traffic crashes are alcohol-related.
· Nearly 600,000 Americans are injured in alcohol-related traffic crashes each year.
· Someone dies in an alcohol-related traffic crash every 30 minutes. Every two minutes, someone is hurt (nonfatally injured) in an alcohol-related accident.

· Three out of every 10 Americans face the possibility of being directly involved in an alcohol-related traffic crash during their lifetime.

Centers for Disease Control and Prevention – Impaired Driving Facts
· Each year, alcohol-related crashes in the United States cost about $51 billion (Blincoe et al. 2002).
· Most drinking and driving episodes go undetected. In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (FBI 2001). That’s slightly more than 1 percent of the 120 million self-reported episodes of alcohol-impaired driving among U.S. adults each year (Dellinger et al.1999). · Drugs other than alcohol (e.g., marijuana and cocaine) have been identified as factors in 18% of motor vehicle driver deaths. Other drugs are generally used in combination with alcohol (NHTSA 1993).
· Male drivers involved in fatal motor vehicle crashes are almost twice as likely as female drivers to be intoxicated with a blood alcohol concentration (BAC) of 0.10% or greater (NHTSA 2003a). A BAC of 0.08% is equal to or greater than the legal limit in most states.
· At all levels of blood alcohol concentration, the risk of being involved in a crash is greater for young people than it is for older people (Mayhew 1986)
· . In 2002, 24% of drivers ages 15 to 20 who died in motor vehicle crashes had been drinking alcohol (NHTSA 2003b ).
· Young men ages 18 to 20 (too young to buy alcohol legally) report driving while impaired almost as frequently as men ages 21 to 34 (Liu 1997).
· In 2002, 22% of the 2,197 traffic fatalities among children ages 0 to 14 years involved alcohol (NHTSA 2003c).
· Adult drivers ages 35 and older who have been arrested for impaired driving are 11 to 12 times more likely than those who have never been arrested to die eventually in crashes involving alcohol (Brewer 1994).

· Nearly three quarters of drivers convicted of driving while impaired are either frequent heavy drinkers (alcohol abusers) or alcoholics (people who are alcohol dependent) (Miller 1986).

National Drunk and Drugged Driving Prevention Month was first introduced by President Ronald Reagan in 1982.

Rosedale, Maryland Pedestrian Is Critically Injured After Car Accident

December 18, 2006 | Lebowitz & Mzhen

While walking through a parking area behind Sam’s Club at the Golden Ring Mall on December 11, Edward Witte, 61, was struck by a vehicle and dragged for about 30 feet. The driver of the vehicle was Baltimore resident Margaret Wance, 65. A police helicopter flew Witte to the Maryland Shock Trauma Center. Police investigating the accident say early indications show that Wance’s car swerved into the pedestrian.

If you have been injured in a pedestrian accident and you would like to file a personal injury lawsuit, there are a number of steps you can take in the initial days and weeks following the accident to protect your right to compensation.

Nolo.com provides the following suggestions:

· Write down as much as you can about the accident itself, your injuries, and any other losses (such as wages) you’ve suffered as a result of the accident.
· Make notes of conversations that you have with people involved in the accident or the injury claim.
· Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs.
· Locate people who witnessed the accident and who might be able to help you prove your case.

· Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries.

It is important that you take very thorough notes regarding your accident and your injury. This will be very important later when you want to explain to an insurance company exactly what happened to you and the extent of your pain and injuries. Try to preserve any physical evidence that you can find. If possible, you may want to return to the accident scene to take photographs. You may also want to preserve any physical damages, such as damage to your car, damage to your clothing, or a broken mirror. This well help you later, should you decide to file a personal injury lawsuit.

It is also important that you notify the party or parties that you believe to be responsible for the accident by writing them a letter of notification. This letter of notification should include basic information about the accident. Do not, however, discuss fault or responsibility in your letter. Notify these parties right away.

A personal injury attorney can help you file your claim to help you reach a settlement. If a settlement isn’t reached, your attorney may have to take your personal injury lawsuit to court. In Maryland, the statute of limitations for filing a personal injury lawsuit is three years.

On “Deadliest Drunk Driving States” List, Washington D.C. Ranks #1

December 15, 2006 | Lebowitz & Mzhen

With all the holiday parties that take place at the end of the year, drunk driving incidents tend to occur more frequently—which can be especially dangerous if you live in one of the 15 U.S. states where at least 41% of all traffic fatalities can be attributed to drunk driving.

The End Needless Deaths on Our Roadways (END) group, an advocacy organization led by doctors, has just released its list of 15 U.S. states where the most traffic-related deaths occurred due to drinking. Washington D.C. topped this list, where drunk driving was a cause of 54.17% of vehicle-related deaths.

Who Else Made the List:
· Connecticut
· Hawaii
· Illinois
· Montana
· Rhode Island
· South Carolina
· South Dakota
· Texas
· Washington, D.C.
· Wisconsin
· Alaska
· Arizona
· Delaware
· North Dakota
· Washington

END says that in 2005, close to 17,000 motorists were killed in drunk driving accidents in the US with more than 4,000 of those fatalities taking place in these 15 states. Rankings were determined by data taken from the National Highway Traffic Safety Administration’s reporting system.

The CDC offers the following suggestions to prevent injuries due to impaired driving:

· Sobriety checkpoints. Fatal crashes thought to involve alcohol dropped a median of 22% (with random breath testing) and 23% (with selective breath testing) following implementation of sobriety checkpoints.

· 0.08% BAC laws. Fatal alcohol-related crashes showed a median decrease of 7% following the implementation of 0.08% BAC laws in 16 states.

· Minimum legal drinking age (MLDA) laws. Raising the MLDA, such as from 18 to 21, decreases crash-related outcomes a median of 16% for the targeted age groups.

· “Zero tolerance” laws for young drivers. One study found that fatal crash outcomes decreased 24% after implementation of “zero tolerance” laws (Elder et al. 2002, Howat et al. 2004, Shults et al. 2001, Shults et al. 2002).

END is recommending that medical workers and physicians work harder to identify whether patients have drinking problems. The group also suggested that states increase fines and prison times for DUI offenders, while also penalizing motorists who refuse to be tested for sobriety.

Utah, which has the strictest drinking laws in the U.S., has the lowest alcohol-related deaths rate at 13.12%.

In Howard County Circuit Court, Parents of Two Teenagers Killed In Tractor-Trailer Accident File $5 Million Wrongful Death Lawsuits

December 14, 2006 | Lebowitz & Mzhen

The Maryland State Police, a former Howard County police officer, and a state trooper are among the 11 parties being sued for the wrongful deaths of two teenager who were killed in an accident involving a tractor-trailer and a non-working traffic light in Jessup, Maryland last January. In two separate lawsuits, Roger and Nancy Caplan, the parents of Scott Caplan, 19, and William and Linda Howard, the parents of Theresa E. Howard, 18, are asking for $5 million in damages.

Theresa Howard and Scott Caplan had been traveling in a Volvo going westbound on Route 175 when a tractor-trailer exiting southbound on 1-95 hit their vehicle. The traffic light at the intersection was not working at that time. According to the lawsuit filed, even though a Howard County police officer and a Maryland State police trooper had visited the intersection when the light was out, both of them failed to supervise the intersection or let drivers know that the light wasn’t working.

Defendants in the lawsuit include State trooper Raymond A. Hale and then-Howard County police officer Patrick Egley (the two men who visited the intersection and were aware of the nonworking light), Maryland State Police, the state of Maryland, Meghan St. Martin (the person who was driving the Volvo), Gary Lee Dicks (the truck driver whose truck hit the Volvo), and the five transportation companies who subcontracted work to Dicks.

St. Martin, The driver of the Volvo, also filed a lawsuit for $300,000 against Dicks, the trucking company that hired him, the state of Maryland, Howard County, and Officer Hegley. Dicks has been charged with negligent driving and failing to yield to oncoming traffic on a highway.

In a wrongful death claim, the person who is considered responsible for causing another person’s death due to their negligent actions can be sued for wrongful death.

Usually, the people who can file a wrongful death suit are:

· The child or children of a parent(s) that has died.
· The parents of a child who has died.

· A husband or a wife who has lost their spouse.

In certain states, legal dependents, grandparents, and other kinds of relatives can file.

A wrongful death suit can be filed against a wide variety of people, such as:
· A criminal who caused the wrongful death.
· The manufacturer of a defective product that led to the wrongful death.
· The driver of a vehicle responsible for a wrongful death-related accident.
· The state—if their negligent actions led to a wrongful death.
· The police or fire department—if their actions or nonaction led to a wrongful death.
· The owner of a pool where someone drowned because there was no supervision.

· A doctor whose failure to make a diagnosis led to someone’s death.

Family members, however, cannot sue another member for wrongful death unless they are not blood relatives.

The amount of damages that can be brought and the settlement amount that can be reached will depend on the laws of the state where the wrongful death occurred.

In Car Accident Near The Maryland Line, Two People Are Injured On Del. 301

December 12, 2006 | Lebowitz & Mzhen

Two people were treated at Christiana Hospital last Friday night after being injured in a car crash on Del. 301 in the vicinity of Strawberry Lane near the Maryland line.

According to Maryland State Police, the car collision occurred after a 2000 Ford Taurus pulled out of a service station into the path of a 2005 Acura. Rescue workers spent more than 40 minutes freeing Julia Wickersham, 28, from the wreckage. County paramedics treated her for fractures and she was reportedly in critical condition when she was flown to the hospital. A male passenger in the vehicle she was driving was treated for facial cuts. The other driver, Edgar Ferriera, 25, was also taken to Christiana Hospital in reportedly serious condition. He sustained a leg fracture in the accident.

When a person has been injured as a result of someone else’s negligence, they may be able to file a personal injury lawsuit. In order to win a personal injury suit, however, you must be able to prove that someone was legally liable for the injury because of his or her carelessness or negligence. A basic rule is applied by the law regarding this carelessness. If one person in an accident was more careless than the other, the less careful person must pay for at least part of the damages suffered by the person who was more careful.

Determining Legal Liability

Liability revolves around the simple fact that most accidents happen because someone was careless — or “negligent.” To this carelessness, the law applies a basic rule: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one.

According to Nolo.com, legal liability for almost all accidents is determined by this rule of carelessness, and by one or more of the following simple propositions:

· If the injured person was where he or she was not supposed to be, or somewhere he or she should have expected the kind of activity which caused the accident, the person who caused the accident might not be liable because that person had no “duty” to be careful toward the injured person.

· If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is known as comparative negligence.

· If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.

· If an accident is caused on property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property, regardless of whether he or she actually created the dangerous condition.

· If an accident is caused by a defective product, the manufacturer and seller of the product are both liable even if the injured person doesn’t know which one was careless in creating or allowing the defect, or exactly how the defect happened.

In Hit-And-Run Dragging Death Of 3-Year-Old Maryland Boy, Woman Could Face 5 Years In Prison

December 8, 2006 | Lebowitz & Mzhen

A Towson, Maryland district court judge has reduced the bail of the woman charged in the hit-and-run dragging death of three-year-old Elijah Cozart in Baltimore County to $250,000. Cozart’s grandmother had been pushing him in a stroller across Goucher Boulevard when a 1999 Dodge Ram pickup truck, driven by Lazara Arellano de Hogue, struck Cozart, and his grandmother, Marjorie Thomas, 55 as they were crossing the street. The pickup truck continued down the road, dragging the boy underneath it for nearly 3/4ths of a mile before he tumbled free. He was taken to Good Samaritan Hospital where he was pronounced dead. Thomas is still in the hospital.

Arellano de Hogue, who was arrested on Castle Drive at a home that she shares with her boyfriend, was held at the Baltimore County Detention Center on $2 million bail over the weekend. She claims that she didn’t know she had hit the toddler—only the grandmother, whom she claims she had swerved to avoid.

According to police, however, Arellano de Hogue was seen getting out of the vehicle, pulling the stroller out from under the pickup truck, and driving away.

USA Safekids.org says that:

· In 2002, 599 children ages 14 and under died from pedestrian injuries.

· Of these, 460 died in motor vehicle-related traffic crashes.

· In 2003, nearly 38,400 children ages 14 and under were treated in hospital emergency rooms for pedestrian-related injuries.

· In 2002, 599 children ages 14 and under died from pedestrian injuries.

· Of these, 460 died in motor vehicle-related traffic crashes.

· In 2003, nearly 38,400 children ages 14 and under were treated in hospital emergency rooms for pedestrian-related injuries.

· Children ages 14 and under are more likely to suffer pedestrian injuries in areas with high traffic volume, a higher number of parked vehicles on the street, higher posted speed limits, no divided highways, few pedestrian-control devices, and few alternative play areas.

· Child pedestrian injuries occur more often in residential areas and on local roads that are straight, paved, and dry.

· Children ages 4 and under are at the greatest risk from child pedestrian death.

· In 2002, children ages 4 and under accounted for more than 40 percent of pedestrian injury-related deaths.

· Nearly 10 percent of all child pedestrian-related injuries occur in driveways.

· Children ages 4 and under account for 80 percent of these driveway-related pedestrian injuries.

· Toddlers (ages 1 to 2) sustain the highest number of pedestrian injuries.

· More than half of all toddler pedestrian injuries occur when a vehicle is backing up.

· Children from birth to age 2 are also more likely to suffer pedestrian injuries in parking lots and on sidewalks.

· Nearly two-thirds of child pedestrian deaths are among males.

· African-American children have a pedestrian injury death rate almost twice that of white children.

Drunk Driver’s Blood Alcohol Level Was 4X Over The Legal Limit In Car Accident That Killed U.S. Marine In Columbia, Maryland

December 6, 2006 | Lebowitz & Mzhen

Police in Maryland say that the 25-year-old driver whose vehicle crashed right into the back of a Toyota Corolla, killing two people on Thanksgiving night, was driving under the influence with a blood alcohol level that was four times over the legal limit. The blood alcohol test was given to Eduardo Raul Morales-Soriano at a police station, where his alcohol level registered at .32.

The car accident, which took place at the intersection of route 175 and 108 in Colombia, Maryland killed 21-year-old Marine Corporal Brian Matthews of Colombia and Jennifer Bower, 24, of Montgomery Village. Their Corolla had been standing still at a red light when the rear-end collision forced their car off the road.

According to U.S. police, Morales-Soriano is a Mexican national who is in the United States illegally. His prior criminal record includes a drunk driving charge that was dismissed by a court and reckless driving. He now faces charges for negligent manslaughter, negligent homicide, and drunk driving. Morales-Soriano could face up to 36 years in prison and be forced to pay a $30,000 fine.

In Maryland, drivers with a .08 BAC (Blood Alcohol Concentration) and higher are considered to be driving under the influence. A DUI offense leads to the immediate suspension of your license.

Maryland DUI (driving under the influence): For a first offense, penalties include up to one year in jail, up to a $1000 fine, and a minimum license suspension of 45 days.

For a second offense, penalties are two years in jail and a $2,000 fine. Every time a person is convicted of drunk driving, their license will be suspended.

Maryland DWI (driving while impaired under the influence of alcohol and/or drugs): For a first offense, penalties include 8 points on the Maryland Driver’s license record, two months in jail, a license suspension of up to 60 days, and a fine of up to $500.

For a second offense, penalties can include up to one year in jail and a $500 fine. Refusing to take the breath test can result in a person’s driver’s license being suspended for up to 120 days.

DUI and DWI arrests of persons from other states will still require a Maryland MVA Hearing to protect their driving privileges. Maryland is a member of the Interstate Driver’s License Compact, which shares information about DUI convictions and driver’s license actions with other member states. There are 45 states that belong to this compact.

The National Highway Transportation Safety Administration (NHTSA) calculates that the average alcohol-related fatality in Maryland costs $3.6 million: $1.1 million in monetary costs and $2.5 million in quality of life losses. Also, motor vehicle accidents involving alcohol set the state back an astounding $1.9 billion in the year 2000.

Family Of Slain Frederick Boy Want Additional Settlement Of $775,000 From Maryland

December 5, 2006 | Lebowitz & Mzhen

The family of Christopher Ausherman, Jr., the 9-year-old boy killed in 2005 by a convicted sexual offender who was wrongly released from prison, is asking for up to $775,000 more from either the Maryland General Assembly or Maryland’s Board of Public Works. The state of Maryland had recently paid Ausherman’s parents $200,000 to settle the wrongful death claim. This amount is the largest that the state treasurer’s office can pay in a wrongful death suit. The Board of Public Workers, however, is allowed to pay more. The attorney for Mary Voit, Ausherman’s mother, says that she is seeking a total of $975,000, which is the maximum in compensatory damages allowed in Maryland.

Christopher Ausherman, Jr. was murdered on November 19, 2000 by Elmer Spencer Jr., who sexually assaulted Ausherman and bludgeoned him to death in a baseball field dugout. Spencer, a mentally retarded man with a history of rape and assault, had been released from prison on November 14 after serving 3 ½ years of a 10-year prison sentence. He is now serving two life terms, in addition to 20 years in prison, for convictions relating to Ausherman’s death. Ausherman’s parents are accusing the state of miscalculating the good-time credits that led to Spencer’s early release. The state of Maryland disagrees with this accusation and claims that Spencer’s good behavior resulted in his mandatory release.

A wrongful death case is a civil case where monetary compensatory damages are sought for the death of a person. Unlike in a criminal case where there must be proof of guilt beyond a reasonable doubt, a wrongful death case asks that there be a preponderance of the evidence that more than likely (a 51 % chance) the party being sued is guilty.

A “wrongful death” is considered to have taken place when a person is killed due to:

· Someone’s negligence or careless action.
· An intentional act, such as murder.

· Reckless behavior.

The deceased person’s loved ones are considered to also have been injured by this death, especially if they relied on the person for financial or emotional support.

In Maryland, the statute of limitation for filing a wrongful death suit is three years from the date of death, unless a person’s wrongful death was caused by a work-related disease. In the case of the latter, then the statute of limitations is either less than 10 years from the date of death or no more than three years from when the cause of death is found out.