Maryland Accident Law Blog

Kawasaki Motorcycle Design Defect Case Survives Motion to Dismiss

August 30, 2013 | Lebowitz & Mzhen

The design defect lawsuit filed by parents on behalf of their minor son, who became permanently injured when his Christmas gift of a Kawasaki motorcycle crashed, survived a motion to dismiss earlier this month.

The couple bought a new Kawasaki motorcycle as a Christmas present for their minor son in 2010. When the boy first rode the motorcycle on Christmas Day, the bike crashed, which resulted in a serious and permanent injury. The parents claim that negligent assembly of the motorcycle’s throttle mechanism was responsible for causing the accident.

One of the defendants in the action moved to have the case, which was filed in federal court, dismissed against it, claiming that the court lacked the requisite personal jurisdiction over the company. However, the U.S. District Judge disagreed, and denied the motion, finding that the defendant had sufficient minimum contacts with New Jersey to justify keeping the claim against it.

Lawsuit Filed in Helicopter Crash Death of 3 Year Old Boy

August 23, 2013 | Lebowitz & Mzhen

The mother of a 3 year old boy who was tragically killed in a helicopter crash last month in northeastern Pennsylvania was the first to file a lawsuit in connection with the accident. She is seeking unspecified damages from two aviation companies and the pilot’s estate.

The plaintiff sued Virginia-based Hampton Roads Charter Service, alleging that the company acted negligently in leasing the five seat helicopter to the pilot. All five individuals aboard the helicopter were killed in the crash, which occurred just 30 minutes after take-off.

The National Transportation Safety Board (NTSB) found that the pilot failed to follow federal regulations when he initiated a flight in low-visibility conditions, a condition in which he was not certified to fly. The NTSB further stated that he also failed to file a flight plan for the trip or obtain a weather briefing.

Jury Awards $2 Million in Vaginal Mesh Case

August 16, 2013 | Lebowitz & Mzhen

A victory was recently reported in a lawsuit against C.R. Bard, the manufacturer of the Avaulta line of vaginal mesh devices. The jury ordered the company to pay a Georgia woman $2 million for her serious injuries.

The individual lawsuit was filed on behalf of a plaintiff whose vaginal mesh injuries reportedly included perforation to her internal organs, vaginal scarring, pelvic pain and pain during intercourse. According to court documents, the plaintiff suffered an incredible lowering in enjoyment of her life, and the vaginal mesh eventually had to be removed.

After a reported twelve hours of deliberation, the jury reached a verdict for $250,000 in compensatory damages and $1.75 million in punitive damages. This was the first verdict in the first case to go to trial for similar lawsuits in the area.

Family Sues Rodeo After Golf Cart Puts Woman into Coma

August 9, 2013 | Lebowitz & Mzhen

The family of a woman injured in a golf cart accident at the Houston Livestock Show and Rodeo in February recently filed a personal injury lawsuit on her behalf.

The woman was reportedly a volunteer at the rodeo for some 30 years. She now remains in a coma, as a result of a severe brain injury she reportedly suffered after being thrown from a golf cart following a concert the night of February 25. According to the woman’s family, her medical bills are already past a half of a million dollars.

A statement from one of the attorneys in the case stated that the evidence will show that the driver of the golf cart was at fault for not being adequately trained to drive in a safe manner, and that the golf cart manufacturer is additionally liable for a defective design.

The case alleges that the golf cart that the woman was riding at the time of the accident lacked safety features such as seatbelts or handles. According to the legal team, some 15,000 people are thrown from dangerous golf carts nationwide every year, a majority of which are purportedly caused by sharp left turns.

The case reportedly focuses on negligence and product liability claims. The victim of the accident remains in a coma, and has a steep road of surgeries and recovery ahead.

Maryland High Court Refuses to Hold Bar Liable for Drunken Patron Actions

July 26, 2013 | Lebowitz & Mzhen

The Maryland Court of Appeals refused to create a “dram shop” law when it ruled earlier this month that a bar cannot be held liable for the actions of a drunken patron after he or she departs.

The case was originally argued in March, on behalf of a family whose 10 year old was killed during a car crash on I-270 back in 2008. The driver responsible for the young girl’s death had been served 20 drinks at a local bar prior to getting behind the wheel.

The court held that individuals should solely be held responsible for their own decisions and actions. In addition, the court determined that General Assembly is the venue most proper in which to create new laws, not the court.

The dissenting opinion argued that this was a lost to ensure bars were held accountable for protecting the public from overly intoxicated customers. The judge wrote, “this case presented the opportunity to impose dram shop liability on commercial vendors of alcohol” which served their patrons even after they were visibly impaired as a result of their alcohol consumption. Further, according to a study cited in the dissent, studies have shown that these types of laws could potentially lead to 14 deaths fewer in Maryland every year.

Maryland Judge Refuses to Dismiss Suit Alleging College Ignored Warning Signs in Dangerous Student

July 22, 2013 | Lebowitz & Mzhen

A Baltimore judge recently refused to toss out a lawsuit against Morgan State University surrounding a violent attack by a student against a visitor.

The school urged the judge to dismiss the lawsuit, claiming that the beating was not foreseeable given the student’s behavior, and noted that the student didn’t have a history of documented violence.

The attorney for the victim, however, stated that the perpetrator engaged in a variety of bizarre behaviors over a six month period leading up to the beating, and that those instances should have put the school on notice that the young man was violent.

Specific examples of violent behavior include when the student reportedly punched holes in the wall of a campus computer lab, which ultimately led to his dismissal from the ROTC program. Following the incident, an instructor told campus police that the student was “a “Virginia Tech waiting to happen.” He also made cryptic comments regarding a “blood sacrifice,” and allegedly wrote strange posts on various social media accounts. The judge acknowledged that the school should not be responsible for policing social media sites, but that the pattern of behavior suggested that the student was a potential risk.

Maryland High Court Upholds Contributory Negligence Rule

July 12, 2013 | Lebowitz & Mzhen

Maryland’s highest state court, the Court of Appeals, ruled earlier this month to uphold Maryland’s long standing, yet uncommon, manner of handling negligence cases.

The rule it upheld, referred to as the Contributory Negligence Rule, prevents plaintiffs from recovering anything in a negligence cause of action, if they are shown to be even one percent at fault for the incident.

The judge who penned the 5-2 majority decision stated that it is the court’s opinion that the legislature should decide the question of whether another model of determining liability would be more appropriate.

For example, an alternative model could require juries to allocate blame based on potential responsibility, and calculate damages according to that ratio.

While the Maryland legislature has reportedly considered changing the law several times since the 1960s, it has never done so.

Maryland first adopted contributory negligence in 1847 by way of a court ruling. It was once a widely used way of evaluating negligence cases, but has largely become the minority approach. Forty six states have switched to alternative views of fault, some of which allow juries to allocate fault according to responsibility.

The dissenting judges in the case referred to the rule as a “dinosaur” that should be rendered extinct.

Maryland Highway Worker Killed on Route 216 in Scaggsville

July 5, 2013 | Lebowitz & Mzhen

Howard County police have released information regarding the traffic accident that left one 40 year old highway worker from Baltimore dead.

Police say the man, who was a state highway contractor, was closing a lane of state Route 216 in the Scaggsville area when he was hit by a Chevrolet Malibu. The man was reportedly wearing a reflective shirt as he placed cones in the road just prior to the collision. The worker was later pronounced dead on the scene.

According to authorities, the juvenile driver of the Malibu remained at the scene in order to cooperate with the investigation. So far no charges have been filed.

An administrator of the Maryland State Highway Administration released a statement expressing condolences to the victim’s family, and reminding drivers to reduce speeds and drive attentively in order to keep highway workers safe.

According to one report, in 2011 alone 688 people were injured and three were killed as a result of Maryland work zone related crashes. Nationwide, it is estimated that over 1,000 people are killed each year in work zone related crashes, with a majority of the victims being motorists or their passengers.

An investigation into the circumstances surrounding the crash is ongoing.

Second Lawsuit Filed Against Monster Beverage Corp.

June 28, 2013 | Lebowitz & Mzhen

A mother filed suit against Monster Beverage Corp., this week, alleging that her teenage son’s death from cardiac arrhythmia was attributable to his habitual consumption of the company’s energy drink.

The woman’s son was taken to the hospital for cardiac arrest, and died shortly thereafter. Monster released a statement in response, claiming that there was no causal evidence that their beverage led to the cardiac arrest.

Another similar lawsuit was filed against Monster, on behalf of a 14 year old girl from Maryland who died after consuming two 24 ounce cans of the energy drink. In that case, Monster claimed in defense that there was no blood test performed to confirm the alleged “caffeine toxicity,” which the suit claimed, but rather the cause of death was ruled natural causes, hastened by pre-existing conditions.

The attorney representing both of the families stated that the allegations claim that the plaintiffs’ deaths were caused by the energy drinks, and more specifically the company’s failure to warn about the dangers of consuming the product.

The U.S. Food and Drug Administration have begun an investigation into the reported deaths of individuals tied to consumption of energy drinks, including allegedly five blaming consumption of Monster beverages as the primary cause of death.

Additionally, Dennis Herrera, the San Francisco city attorney, is allegedly also suing the company, claiming it markets its energy drinks to children and that the products present potentially severe health risks.

Maryland Boat Explosion Hurts 6 Children

June 21, 2013 | Lebowitz & Mzhen

Local Maryland authorities reported that late last month, six people were hospitalized in connection with a boat explosion that occurred at a Maryland Marina. Six children aged 13 and younger were injured, according to government officials.

According to one witness’s account, a dad was seen picking kids up and throwing them into the water, in addition to people frantically scrambling to get off of the boat as quickly as possible. People then tried to swim from the boat back to the dock for safety. As black smoke billowed out the back of the boat, the same dad reportedly attempted to throw life vests to the children in the water below.

Two of the children were then transported to the Johns Hopkins burn center for treatment. Thankfully, no one suffered life-threatening injuries.

The Maryland Natural Resources Police is leading the investigation into the accident. So far, authorities know that the boat–with its nine passengers–refueled at the marina, and the boat then stalled when it left the dock shortly after noon. The explosion reportedly occurred when the captain of the 32 foot vessel attempted to refire the engines.

The incident took place at the Oak Grove Marina near Edgewater, Maryland, which is approximately 30 minutes east of Washington on the South River. The cause of the explosion remains unknown.