Maryland Accident Law Blog

Commonwealth Court Panel Rules Maryland Couple Cannot Sue PennDOT

May 27, 2013 | Lebowitz & Mzhen

A three judge Commonwealth Court panel recently ruled that a Maryland couple cannot sue the Pennsylvania State Department of Transportation for the injuries they suffered during an accident that occurred in 2007.

According to state police, the couple was riding a Harley-Davidson MC at approximately 12:30 p.m. July 22, 2007, when they swerved suddenly in order to avoid a vehicle that careened into their path, and attempted to pass it on the right hand side. Police said that the motorcycle then veered off the road, striking several different obstructions, then became airborne, and traveled approximately 10 feet before coming to a stop.

In the published opinion, the panel ruled that state law precludes the couple from suing PennDOT for the injuries they suffered while riding a motorcycle, because they had left the paved road when the accident occurred. Therefore, because the state has no duty to maintain any area beyond the portion of the road regularly used for or intended for travel, the exception to sovereign immunity (which allows for the ability to sue the state with its consent) does not apply, and the motion to dismiss the lawsuit was thereby granted.

This case is an unfortunate example of what can result when motorcycle accidents happen. It seems clear from the facts that the accident was initially caused due to the vehicle that first swerved into the path of this Maryland couple. However, the actual cause, or in this case proximate cause, of the undisclosed injuries suffered by the couple were the result of the issues with the roadway–presumably the pipe and cement fixture that they hit off of the road. The Commonwealth Court of Pennsylvania is one of two intermediate appellate courts in the state, meaning that the couple may potentially have the opportunity to appeal the decision to the Supreme Court of Pennsylvania.

Maryland Man’s Estate Recovers $3 Million for his Wrongful Death by Electrocution

May 20, 2013 | Lebowitz & Mzhen

The West Virginia Record recently reported about the disposition of a lawsuit regarding the wrongful death of a local man, who was electrocuted while working.

The decedent’s wife originally filed the lawsuit in 2011 on behalf of husband’s estate against Potomac Construction Industries and Sumersett Construction. The man was killed in Harpers Ferry in October of 2010. Among other claims, the lawsuit alleged that Potomac Construction failed to comply with relevant state and federal safety statutes, and negligently caused the unlawful emission of high voltage electricity.

The complaint sought economic damages in excess of $3 million. Sumersett and New Era settled for $1.8 million, and Potomac Construction later settled for $1.5 million. Thus, the aggregate sum of the settlements was in excess of $3 million.

The exact breakdown of the settlement remains unclear, although the victim left behind his wife and a young child. Under Maryland law, recoverable claims in these types of cases include things such as loss of companionship, lost wages, funeral expenses, and in some cases punitive damages, when there is evidence of blameworthy conduct. A final settlement is an agreement that the party is being compensated for all of the damages suffered, as a final disposition of the matter. This means that no further lawsuits or other legal claims may be pursued regarding the matter.

Baltimore to Pay $100k in School Bus Death Lawsuit

May 13, 2013 | Lebowitz & Mzhen

Last week, the City of Baltimore Board of Estimates voted unanimously to pay $100,000 as part of a settlement in a negligence lawsuit relating to the death of a young special needs boy who died after jumping from a school bus.

The $100,000 settlement relates only to the allegations made against the city school system, who hired the bus company to transport the boy to and from school. The family has a separate claim against the bus company, an independent company.

The lawsuit alleges that school officials knew the boy struggled with “impulse control,” and that he had a history of attempted exiting from the bus, yet proper procedures were not followed, and he was not restrained on the day of the fatal accident. He died just two days after the accident, as a result of the head injuries he sustained.

According to the suit, there were multiple prior incidents demonstrating the boy’s behavior on the bus. These included the boy standing at the rear of the bus during the entire duration of the ride and, on a separate occasion, an attempted jump out the back door.

The lawsuit alleges that, on the day of the accident, the boy first attempted to open the front door of the bus, but the bus driver motioned at him with his hat, and continued to drive. The boy then allegedly walked past several aides, none of whom made any attempt to stop him, and then opened an emergency exit at the back of the bus, and jumped from four feet in the air into oncoming traffic. The bus driver continued driving, at a speed of 30 mph.

Surgery on Wrong Side of Woman’s Brain Prompts Malpractice Suit

May 3, 2013 | Lebowitz & Mzhen

A medical malpractice lawsuit was filed recently against a St. Lois hospital and neurosurgeon, by the family of a woman alleging that the defendants operated on the wrong side of her brain and skull.

According to the complaint, the patient, was scheduled for a “left-sided craniotomy bypass.” Instead, the suit alleges, she received a “right-sided craniotomy surgical procedure.” A second surgery was reportedly performed six days later on the correct side of the woman’s skull following the discovery of the error.

According to her lawyer, the woman is now unable to speak intelligibly.

The suit alleges that the hospital and surgeon were negligent and careless, which led to the incorrect side surgery.

Specifically, the suit alleges that, “Before the incorrect surgery, plaintiff was mobile, cognizant and able to care for herself,” but after the allegedly botched job, “[she] requires around-the-clock care for her basic needs. … (She) will also continue to suffer from emotional distress, anxiety, disfigurement and depression.”
The patient underwent the surgery because she suffered from a series of mini-strokes, and was hoping that the craniotomy bypass surgery would prevent future strokes.

Maryland Man Dies Tragically at Tough Mudder Race

April 29, 2013 | Lebowitz & Mzhen

With the warmer weather encouraging outdoor activities, many individuals are taking part in challenging races which as their hallmark involve obstacles, mud, or somehow getting dirty as part of the festivities.

One of the most popular types of these races, called the “Tough Mudder,” describes itself as

“probably the toughest event on the planet.” It features ten to twelve miles of obstacle courses, and was initially designed by a former counterterrorism agent for the British government. Typical obstacles include a slicked half-pipe that participants have to scale, and an obstacle where runners must traverse through live wires. Participants are not required to complete every obstacle in the race.

A recent Tough Mudder event in West Virginia resulted in the tragic death of a local 28-year-old man. According to witnesses, the man never resurfaced after jumping into ice cold water during the Walk the Plank obstacle. Friends who were also present at the race, reported that it took four to seven minutes for authorities to get to him. The race had some 75 medical professionals on duty that day. While medics were able to resuscitate him at the scene of the course, he was later flown to a local hospital, and died after being taken off of life support. According to the local medical examiner, the cause of death was accidental drowning.

Representatives of the race released a statement saying that they were “devastated” by the incident, and that they are fully cooperating with local law enforcement authorities. They also stated that this is the first death in the three year history of the company.

According to other sources, this specific race was particularly affected by injuries. One hospital reportedly became so overwhelmed with patients injured on the obstacle course that it actually had to turn people away from its emergency room. It has been reported that two participants suffered heart attacks, ten had hypothermia, head injuries, or orthopedic injuries, and one other individual was treated for drowning. The hospital reported taking in a total of 20 patients over the weekend that the event occurred.

School District to Pay $90 Million for Wrongful Death of 13-Year-Old

April 22, 2013 | Lebowitz & Mzhen

According to news reports, last week a Maryland jury awarded $90 million to a family who lost their 13-year-old daughter 4 years ago. The wrongful death verdict, reached by a jury of six, is one of the largest in the court’s history.

The girl was struck by a Lincoln Continental when she was crossing Brinkley Road near Fisher Road in Temple Hills. The driver then hit another vehicle, as well as another young pedestrian who was walking on the other side of the street. The family sued the Prince George’s County Board of Education, where the girl was a freshman student, two weeks after the September 2009 crash, when she died as a result of her injuries.

The family alleged that the school system did not provide a safe bus stop for students, and further that the bus driver “persistently negligently failed to stop at the appropriate stop,” which resulted in the girl trying to ride a different school bus on the other side of the street. This meant she had to cross the street in order to be picked up.

Apparently parents in the district have expressed their concern for years regarding unsafe routes and late school buses. In some cases, due to budget cuts children are expected to walk 1-1.5 miles to school due to lack of busing services.

The school is expected to appeal the decision.

3 Year Old Killed in Maryland Garage Door Accident

April 15, 2013 | Lebowitz & Mzhen

A terrible garage door accident led to the accidental killing of a 3 year old girl in Maryland earlier this month.

The girl was apparently left unattended for a short period of time, during which it is believed that she began playing around with the remote control for the garage door. It is being speculated that she was opening and closing the door repeatedly when she eventually somehow became trapped under it as it came down on top of her.

When the mother found her the little girl she was still alive, although pinned under the door. Emergency services were called immediately, and the girl was transported to a local hospital, but tragically, she later died of the injuries she had suffered. It is believed that the little girl died from asphyxiation.

Police have confirmed that there has been no indication of foul play, and are accordingly treating the death as a tragic accident, and are investigating the circumstances of the death. Specifically, they suspect a malfunction with the sensors on the door, which are designed to stop the motor should anything be detected under the door. The door was reportedly one that was equipped with sensors that should have stopped before hitting or crushing anything.

Man Receives 10 Year Sentence For Deadly DUI in Potential Wrongful Death Case

April 8, 2013 | Lebowitz & Mzhen

Last week a Missouri man received a heavy sentence for his role in a tragic car accident that he allegedly caused in September of 2011. He received a sentence of 10 years in prison for his role in the DWI crash that killed two people and injured five. The defendant pleaded guilty in November to the charges, which included two counts of involuntary manslaughter and five counts of second-degree assault.

Based on the evidence at the scene and witness accounts, the police estimate that the man was driving nearly 100 miles per hour when the collision occurred. His car rear ended the Chevy Tahoe, containing the two men and other passengers, which caused the Tahoe to flip over several times.

He received a 10 year sentence for each count of involuntary manslaughter and seven years for each of the five counts of second-degree assault. The 17 months which he has already served in jail will be counted as time served, and all of the sentences will be served concurrently.

The assistant prosecuting attorney in the case said that 10 years was the heaviest sentence he had ever seen in a DWI and involuntary manslaughter case, adding that, “Part of it was that he had a prior DWI, and the fact that he killed two people and injured five.” He also stated that under Missouri law, the man must serve at least 85 percent of his sentence before becoming eligible for parole.

Although the outcome in this particular case addresses the sentencing reached as a result of the criminal justice system, the families in this case also likely have wrongful death claims against the driver in this tragic car accident.

Tragic Maryland Heights Mine Collapse Kills Employee

March 27, 2013 | Lebowitz & Mzhen

A 61-year-old man was involved in a tragic accident that occurred at the Fred Weber rock quarry in Maryland Heights Missouri last Wednesday, which left the man dead. He was a 24-year veteran with the company.

According to reports, at around 5 p.m. on Wednesday March 27, a routine rock-blasting operation caused an accident in the north quarry which resulted in a major rock slide, trapping the man below many tons of rock. Video footage shows the immense amount of rock that came crashing down.

According to a spokesperson for the company, the man was confirmed to have been killed by a routine rock blasting operation, when he was buried under several tons of rock.

Shortly after the accident occurred, EMS arrived on the scene to try and rescue the man, and fire crews were present to investigate the cause of the accident. Fred Weber Inc. said in a statement that it had notified the Mine Safety and Health Administration (MSHA), and that it plans to cooperate fully with their investigation.

Accidents such as this one are not uncommon in construction site and related activities. These types of practices are considered ultrahazardous because they carry such a high associated risk. While not all construction site jobs pose as much danger as in this case, because of the nature of the work, there is still a great potential for workers to suffer from a personal injury or wrongful death.

Maryland Legislators Debate Law That Would Help Dog Bite Victims

March 22, 2013 | Lebowitz & Mzhen

Towards the end of last month, Maryland legislators began the process of passing a bill to address whether or not pit bulls should continue to be singled out as inherently aggressive, thus impacting the potential liability that their owners face in a lawsuit. Last year, Maryland’s highest court, the Court of Appeals, ruled that pit bulls are dangerous by nature, a move that has angered some pit bull lovers and activists.

According to the terms of thebill all dogs would be considered inherently dangerous. If passed, a victim of a dog bite, regardless of breed, could sue the dog’s owner. Thus, the bill acts as a sort redefinition of the Court of Appeals’ decision, which ruled that pit bull owners and landlords would be held to strict liability standards for dog bites. Strict liability, in this context, means the owner would be liable without any additional evidence prior to the attack that a dog was dangerous. The new law thus creates the presumption that all dog owners, regardless of the breed, are presumed liable for attacks.

The law has run into some complications. The Senate took up a separate version of the bill that included a new provision requiring dog owners to provide “clear and convincing” evidence that their dog was not dangerous before the attack in order to prevail. Critics of this version argue that dog owners will be virtually incapable of rebutting a claim because the standard of proof is so high.