Maryland Accident Law Blog

Punkin Chunkin Considers Move Due to Liability Concerns

November 11, 2013 | Lebowitz & Mzhen

The organizers of the popular Fall related event “Punkin Chunkin” are considering relocating out of Delaware due to concerns related to liability insurance and related costs.

The president of the Punkin Chunkin, which is a nonprofit organization, has begun to reconsider its location, taking into account its costs for services from governmental agencies (safety and parking coordination) within the state, in addition to liability limitations for lawsuits related to the festival’s activities. While the festival itself has reportedly grown by 56% over the past six years, the costs associated with the governmental agencies have reportedly grown some 600%. All proceeds from the event fund subsequent events, or are donated to various charities and/or scholarship funds.

Despite the costs of the various services, which also include on site emergency crews, organizers for the event acknowledge the need to have these agencies present on-site. The ability to respond immediately was mentioned specifically in regards to a car fire that occurred in the parking lot and an ATV accident in a past year.

Baltimore City Police Officer Convicted in Accidental Training Shooting

November 4, 2013 | Lebowitz & Mzhen

The police officer responsible for the accidental shooting of a police academy trainee during a training exercise was convicted last month for his role in the accident. (For information regarding the civil lawsuit, see this blog post). The accident occurred during a simulation, when the officer drew his live gun, rather than the proper (harmless) simulation weapon.

Although the accident was reportedly unintentional, the verdict apparently hinged on the fact that the defendant should not have had his weapon “out of the field,” and in any event, any weapons used in training exercises are not supposed to be “live” or loaded with ammunition.

In this case, a training exercise in a police academy, the defendant brought his weapon into the simulation, which was conducted in an abandoned hospital. Then, when it was time to draw a weapon, rather than grabbing the simulated weapon, which was loaded with paintballs, he instead mistakenly drew his gun, firing a shot through a glass window, and injured an academy trainee.

Negligence Lawsuit Filed Following Movie Theater Death of Man with Down Syndrome

October 18, 2013 | Lebowitz & Mzhen

A civil lawsuit was recently filed in the case of a man with Down Syndrome who was killed by Sheriff’s Deputies following a misunderstanding after his attempt to view a movie twice without paying.

The altercation happened last January, when the man and his caretaker had just finished watching a film. His caretaker left him out front to retrieve her car, and the man attempted to re-enter the theater to watch the film a second time. After a confrontation with the management, several Sheriff’s Deputies arrived. According to witness statements, deputies wrestled the man from his seat and onto the floor despite warnings from his caregiver that the man would “freak out” if they touched him, and requesting that they be able to “wait it out.” The Frederick County Sheriff’s Office said, when they released the full incident report, that the man had resisted and swore at the officers.

The lawsuit states that he “died a violent, terrifying, and painful death” due to the alleged negligence of the theater and deputies.

Baltimore County School Bus Flips in Single Vehicle Accident

October 11, 2013 | Lebowitz & Mzhen

A school bus accident on a Baltimore County road earlier this month led to at least ten middle school students escaping from emergency exits. The accident happened after the driver reportedly lost control of the bus, causing it to flip off of the side of the road.

The single vehicle accident occurred at nearly 7:30 a.m., and sent the bus nearly end-over-end. As a result, windows were smashed and a tree pierced the front left wheel well. It reportedly finally came to rest on its left side, nearly on its roof, in a gully full of brambles, trees, vines and other vegetation, its door pointed skyward.

The accident reportedly sent the bus driver and five students to local hospitals for treatment of minor injuries, according to a Fire Department spokesperson. According to a later statement from a school official, the worst injury sustained was reportedly a sprained ankle. The cause of the accident is unknown, and remains under investigation. Authorities plan to review coverage from the bus’s three onboard cameras, among other evidence.

Four Year Old Maryland Boy Accidentally Shoots Self

October 4, 2013 | Lebowitz & Mzhen

The Charles County Sheriff’s Office said in a statement that a four year old boy accidentally shot himself with a gun in a car parked in a driveway in La Plata last week.

The incident occurred in the early evening. According to deputies, a woman was reportedly watching her grandson play outside, and then the boy went into a parked car. The woman said she heard a gunshot and that the boy then ran to her. She saw the boy had a head wound, and immediately called 911.

The Sheriff’s Office said that the boy was flown to a hospital for treatment of a graze wound, and is expected to recover. Following a search, the police found a 9mm handgun in the parked car, which officers say is registered to a relative of the child. The incident remains under investigation.

Overuse of Cardiac Stents Associated with Serious Injuries and Death

October 1, 2013 | Lebowitz & Mzhen

Patients and state regulatory boards alike are beginning to bring awareness to and concern over the alleged “binge”-like use of unnecessary coronary stents in the treatment of cardiac conditions.

In one case, a man received a total of 21 coronary stents over a period of eight months. In one procedure alone, the operating doctor tore a blood vessel, and as a result inserted five of the devices into a single artery. This information is according to the Texas Medical Board staff in a complaint. The complaint further states that the excessive and unnecessary stents weakened the man’s heart and exposed him to complications which included clots, blockages, and reportedly also his “ultimately death.” In that case, the doctor reportedly paid $10,000 and agreed to two years of additional oversight in order to settle the complaint for the man and other patients.

Cardiac stents are generally used to restore blood flow in patients who have suffered heart complications, such as heart attacks. In many cases, they are the best or only option for treatment. However, there is also a reported massive amount of so called elective stent surgery, which allegedly takes place at least on some level due to the immense payout to the individual doctors and hospitals by whom they are employed. According to court documents and other filings, the overuse of these devices has been associated with injury, death, and fraud. At least one expert believes that at two out of three elective stents are unnecessary, which equates to about one third of stent procedures overall.

Baltimore Agrees to $50,000 Settlement in Student Sexual Case

September 30, 2013 | Lebowitz & Mzhen

The Baltimore Board of Estimates, a subcommittee of the Baltimore City Council, is expected to approve a $50,000 settlement related to a Baltimore middle school student. The family of a female student claims that she was victimized by a man working there who acted as her mentor.The settlement would resolve the $100,000 lawsuit initially filed by the family against the city school system.

The police began an investigation in December of 2011, following a phone call from the girls mother, alleging that the student had been groped. The mother told police that she had earlier received assurances from the school regarding the man’s character when she raised concerns that he was taking the girl out of class repeatedly for mentoring purposes. The suspect also apparently mentored several other girls at the school, whom he also removed from class repeatedly.

The incident prompting the civil suit occurred after school in December of 2011, when the man reportedly drove the young girl to a nearby park, and after watching some movies on an ipad, began to touch the young girl’s breasts and back, and also rubbed baby oil on her back. Then, due to the park’s closing, he drove to a second location, where he attempted to kiss the girl on the side of the neck. The girl then expressed her discomfort and asked to be taken home. She told police that this was not the first incident.

Judge Allows Wrongful Death Lawsuit Against Church to Proceed

September 23, 2013 | Lebowitz & Mzhen

A Superior Court judge recently ruled to allow a wrongful death lawsuit to proceed against a church and its pastor.

The lawsuit arises out of the circumstances surrounding the brutal rape and killing of a 35 year old church day-care employee by the church’s janitor. The woman’s husband and children were expecting her to come home from work as usual, but instead were informed that her body had been found in a roadside ditch the next morning several miles south of the church.

Authorities have since charged the church janitor with raping and killing her. His trial was initially set in Maryland, but has since been moved to Delaware. Trial has yet to begin, with the defendant having pleaded not guilty.

Baseball League Faces Lawsuit over Allegedly Dangerous Bleachers

September 17, 2013 | Lebowitz & Mzhen

A youth baseball league in Preston County is facing a lawsuit, brought on behalf of the estate of a man who died seven months after he allegedly fell off of the top row of bleachers at a little league baseball game.

The lawsuit was filed on behalf of the man’s estate, by the man’s wife. It names the town where the incident occurred, the town’s youth league, and the park where the incident occurred as defendants. Collectively, according to the complaint, the defendants own, operate, and conduct necessary maintenance to the field where the fall happened.

Specifically, the complaint states, the 66 year old man was seated on the top row of the bleachers during the course of a baseball game that he was attending. According to the complaint, at some point during the game, he attempted to avoid being hit by a foul ball, and fell as a result of unsafe conditions, including the absence of safety railings on the bleachers.

Father Files Lawsuit Following Daughter’s Purported Liposuction Surgery Related Death

September 3, 2013 | Lebowitz & Mzhen

A man recently filed a lawsuit against a surgeon, a cosmetic surgery company, and its parent company, on behalf of his daughter whom he claims died following a liposuction procedure at the facility.

The suit claims that the woman died following the procedure in which the surgeon purportedly anesthetized by inserting a propofol-soaked rag into her mouth, and accidentally pierced her liver, among other claims.

The man’s daughter died in February, and according to a police report a second woman died in June following a procedure at the same facility.