Maryland Accident Law Blog

Columbia Man Files Third Lawsuit Against Police Alleging Howard County Police Brutality

February 19, 2011 | Lebowitz & Mzhen

Last year, our Baltimore Maryland accident lawyers reported on the story of Melvin Yates, a Columbia man who filed a $50 million federal lawsuit suing Howard County, Police Chief William McMahon, and three officers for civil rights violations and including police brutality. A federal court dismissed that his case twice—once, says ExploreHoward.com, because Yates’s Maryland injury lawyer did not counter a dismissal motion submitted by Howard County attorneys. The lawsuit was filed again and also dismissed because it was almost identical to the first one and the same complaint cannot be filed twice in federal court.

Now, Yates is trying again. This time, he is filing his Maryland police brutality lawsuit in Howard County Circuit Court.

Yates, who is in his early 20’s, claims that cops beat him at his dad’s memorial party last April. Yates’s dad had died in a Maryland motorcycle accident. Police were called to the party after a fight broke out.

The Fight Against Distracted Driving: Baltimore County Lawmaker Pushes for Tougher Cell Phone Driving Law

February 16, 2011 | Lebowitz & Mzhen

According to Maryland lawmaker James Malone, the state’s law regarding handheld cell phones while driving is not tough enough. Delegate Malone, a Democrat from Baltimore County, is supporting a bill that would make using a handheld cell phone while operating a motor vehicle a primary offense. Hopefully, such a bill will stop more people from distracted driving with their phone or PDA so that they don’t cause a Maryland car crash.

Under the current law, talking on a handheld phone while driving is a secondary offense, which means that the ban can only be enforced if the driver is being cited for another violation. Also, although drivers are banned from sending text messages, they are allowed to retrieve and read them. Malone and others also want to make the text messaging ban tougher. Sen. Jim Brochin, D-Baltimore County is sponsoring a bill in the Senate that would make it illegal to also read texts while driving.

According to the Maryland State Highway Administration, in the past five years, there have been over 380 distracted driving fatalities in the state. Distracted driving, as described by US Transportation Secretary Ray LaHood, is an epidemic. It was the cause of 5500 fatalities in the US in 2009—yet many people, when they can get away with it, continue to text, talk on the phone, send emails, surf the Internet, or play games on their cell phone while driving. Although talking on a handheld device is not safe either, at least the driver has both hands on the steering wheel.

A distracted driver can be held liable for Baltimore County personal injury or wrongful death if his/her failure to pay attention caused a catastrophic Maryland car accident. There are steps that an experienced Baltimore personal injury law firm can take to prove that a driver was distracted when the Maryland traffic crash happened. For example, there may be phone records that can be obtained to match up when the crash happened and when a call was taking place. A witness may have observed the distracted driver texting.

Md. Bill to Tighten Cell Phone Use While Driving, ABC News/AP, February 16, 2011
Distracted driving epidemic: U.S. Transportation Secretary LaHood calls issue a ‘personal crusade’, Sea Coast Online, October 24, 2010
Related Web Resources:
Cellphone Laws, Insurance Institute for Highway Safety

Distraction.gov

Related Blog Posts:
US DOT Holds Second Annual Distracted Driving Summit in Washington DC, Washington DC Injury Lawyer Blog, September 22, 2010
Maryland Injury News: Distracted Driving Blamed for Increasing Number of Fatal Teenage Automobile Accidents, Maryland Car Accident Attorney Blog, July 17, 2010
Maryland Auto Injury News: Distracted Driving Blamed in Baltimore Woman’s Death following Fatal Howard County Crash, Maryland Car Accident Attorney Blog, June 26, 2010

Retired Teacher Shot to Death in Glen Burnie Shopping Mall Parking Lot

February 9, 2011 | Lebowitz & Mzhen

Myra Elizabeth Cason, a retired schoolteacher, was found fatally shot inside her vehicle in a Glen Burnie shopping mall parking lot. According to police, robbery appears to have been the motive. They think that the shooter was in the vehicle with the 63-year-old and made her drive to the parking lot where she was then shot.

Maryland Premises Liability

Inadequate security is one of the more common grounds for filing a premises liability case. Was there adequate lighting on the property? Was there adequate parking lot surveillance? What about security personnel? Does the area where the property is located have a history of violent crimes? What time of day did the crime occur? Could the property owner have prevented the crime from happening?

Obviously, not every violent crime warrants a Glen Burnie personal injury claim but you won’t know for sure unless you start exploring your legal options.

Examples of scenarios where negligent security might have played a role:
• Sexual assault in a public library bathroom
• A mugging in a parking garage
• A robbery at a gas station
• Rape in a campus building
• Molestation in a church
• A shooting in a nursing home
• A physical assault crime in a hotel

If negligence on a property allowed someone to become the victim of a violent crime, the property owner can be held liable for Anne Arundel County premises liability.

63-year-old shot to death in Glen Burnie parking lot, The Baltimore Sun, January 29, 2011
Retired Anne Arundel Co. Teacher Murdered, CBS Baltimore, January 29, 2011
Related Web Resource:
Premises Liability, Justia
Related Blog Posts:
Recent Shootings at Safeway and Walmart Raises the Question of How Liable Premises are for Violent Crimes, Washington DC Injury Lawyer Blog, January 23, 2011
DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 10, 2010
Family of Murdered Baltimore Woman Files $14 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, December 11, 2007

$3.1M Prince George’s County, Maryland Car Accident Verdict Awarded to a Woman Injured in a Collision with an Undercover Cop

February 4, 2011 | Lebowitz & Mzhen

A Maryland jury has awarded $3.1 million to Carlisa Kent, who was injured in a 2008 Calvert County car accident involving an off-duty Prince George’s County undercover narcotics cop. Kent, 45, claimed she was injured when the county-leased car driven by Robert Edward Lee crossed the centerline, after accidentally rear-ending another vehicle, and then hit her auto.

Kent sustained a number of injuries, including fractures to her left hip, right foot, and pelvic areas. She was hospitalized for three months and spent another two months using a wheelchair. Per her Prince George’s County, Maryland personal injury lawsuit, Kent will never completely recover. Lee also sustained serious injuries.

The jury awarded Kent $3,091,291.67. However, the state’s damage caps reduce the amount to just over $2 million. Police spokesman Cpl. Evan Baxter says that Lee was violating police rules when he drove the car while outside Prince George’s County.

Looking for Ways to Decrease the Number of Maryland Car Crashes Caused by Drunk Drivers

January 31, 2011 | Lebowitz & Mzhen

Our Baltimore personal injury lawyers represent many people that have been hurt in Maryland car crashes because a driver was drunk. It is unfortunate that despite laws that make it illegal for people to drive while intoxicated, and all the efforts to educate people about the dangers of drunk driving, people continue to die in drunk driving accidents.

This isn’t to say that the number of US drunk driving crashes hasn’t gone down. While almost 12,000 people died in auto accidents involving a drunk driver in 2008, 10,839 people were killed in drunk driving crashes in 2009. Our Rockville, injury lawyers hope that this figure continues to go down.

Last week, the transportation safety officials and advocates against drunk driving took a look at technology under development that would stop drunk drivers from driving. The Driver Alcohol Detection System for Safety (DADSS) technology (DADSS), would prevent drunk drivers from being able to operate their vehicles if they had a blood alcohol concentration of .08 or greater. DADDS could be voluntarily installed in new vehicles. One DADSS system uses a breath-based approach, the other system is touch-based.

Owing Mills, Maryland Car Accidents Can Cause Hard to Detect Soft Tissue Injuries

January 25, 2011 | Lebowitz & Mzhen

Involvement in a Maryland car crash can lead to all sorts of painful injuries, including spinal cord injury, traumatic brain injury, broken bones, and organ damage. Another common injury that occurs, but can be hard to detect at first, is soft tissue injuries.

The soft tissue is generally the area that surrounds the joints or bones, such as tendons, muscles, and ligaments. Soft tissue injuries usually manifest as strains, sprains, or tears, and it may be hours or days before an Owing Mills car crash victim starts to experience symptoms, including inflammation, soreness, and persistent pain. Whiplash is one of the most common soft tissue injuries.

Unfortunately, many insurance companies will try to minimize the seriousness of this type of injury in an attempt to pay an injured person the least amount of compensation. While soft tissue injuries may not necessarily be easy to detect, the pain and discomfort experienced by the victim is very real. A person suffering from a soft tissue injury may have trouble moving his/neck. He/she may also experience chronic back pain or suffer from muscle spasms in the shoulders or serious headaches. In addition to medical care and physical therapy, a person with a soft tissue injury may have to take time off work to recover.

Because obtaining fair compensation for soft tissue injuries can be challenging, it is important that you work with a Maryland injury law firm that has the experience and commitment to helping you obtain your financial recovery.

Sprains, Strains, and Other Soft-Tissue Injuries, American Academy of Orthopedic Surgeons
Treatment for soft tissue injuries, Brain Mac

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Attorney Blog

$270 Baltimore Wrongful Death Lawsuit Seeks Damages Against Police Officer Charged with Man’s Murder

January 19, 2011 | Lebowitz & Mzhen

The family of Tyrone Brown is suing Baltimore Police officer Gahiji Tshamba for his Maryland wrongful death. They are seeking $270 million. Tshamba shot Brown dead last summer outside a Mt. Vernon night club. The Baltimore cop is charged with first-degree murder.

Per charging documents, Tshamba shot the East Baltimore man 12 times on June 5, 2010—not just 6 or 9 times, as was reported. Witnesses say that Brown grabbed Tshamba’s female companion in an inappropriate fashion and that was when the officer challenged him with his gun. The Baltimore wrongful death complaint contends that Brown’s hands were already in the air before the off-duty cop shot him.

Also named as defendants are the state of Maryland, Baltimore’s city council, its mayor, and Police Commissioner Frederick Bealefeld. The plaintiffs say that Tshamba violated department protocol because he was carrying his gun while intoxicated. They contend that Tshamba shouldn’t have been a member of the police force.

$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.

Man and His 6-Year-Old Son Killed in Maryland Car Accident

January 11, 2011 | Lebowitz & Mzhen

Kent Island residents Joseph Michael “Mike” Hein and his 6-year-old son Mikey have died from injuries they sustained during a Bowie, Maryland car accident on Route 5. Hein, 52, and his son were reportedly riding their 2002 Hyundai Accent on Friday evening when they crashed into a 2004 Cadillac SRX that was stopped on the road with its taillights and headlights off.

Following the Prince George’s County car accident, father and son were taken to different hospitals. The elder Hein was pronounced at Prince George’s Hospital Center in Cheverly. Mikey, who was taken to Children’s National Medical Center, died on Monday.

The 2004 Cadillac SRX involved in the catastrophic Bowie motor vehicle crash had reportedly been stolen. Two men, Hyattsville resident Theophilia Herbert Jarvis Jr. and Lanham local Anthony Demetrius Davis, were taken into custody after they were found walking close to the collision site. They are charged with the unlawful taking of a motor vehicle. They also may face charges related to the accident.

In other recent Maryland car accident news, four people were sent to the hospital on Saturday after they were involved in an Anne Arundel County auto crash involving multiple vehicles. According to police, Ryan Galliher, the 21-year-old driver of the Mercury Cougar, was driving recklessly when he crossed over the yellow line on Marley Neck Boulevard and struck a Toyota Corolla. The Toyota collided with a Nissan Murano and a Mercedes SUV, which were following behind it.

Galliher was thrown from the vehicle and admitted to Maryland Shock Trauma in serious condition. Three people in the Toyota, including a 3-year-old girl, were also taken to local hospitals. A preliminary probe into the Glen Burnie car crash indicates that driver error and excessive speed may have been factors on Galliher’s part.

Father, son killed in Bowie car crash, Gazette.net, January 11, 2011
Passengers in critical condition after head-on collision in Glen Burnie, ABC News, January 10, 2010
Related Web Resources:

National Highway Traffic Safety Administration

Insurance Institute for Highway Safety

Carroll County Car Accident Death Caused by Tire that Came Off Truck

January 5, 2011 | Lebowitz & Mzhen

A woman was killed in a Carroll County auto accident on Tuesday evening when her vehicle was struck by a tire that came off a Chevrolet Silverado truck. Elisabeth Catherine Osorio died at the Westminster, Maryland traffic crash site on Route 30.

Maryland State Police say that the rear tire first struck a Mazda before hitting the windshield of Osorio’s Subaru Legacy. Her auto then went through a fence. According to the York Daily Record, Jason M. Dempsey, the truck’s driver who is from Hanover, and New Oxford resident Andrew Timothy Nulty, who was driving the Mazda, declined medical treatment.

In other recent Maryland traffic accident news, a 24-year-old female driver was killed and her two passengers sustained injuries on Friday afternoon when the truck she was driving went off Interstate 70 and overturned. The woman, Ashley Marie Matthews, was ejected from her auto and died at the Howard County car crash scene. The two male passengers, 27-year-old Brandon Gaskins, who was reportedly critically injured, and 22-year-old Trevell Brookes, were flown to Baltimore and admitted to Maryland Shock Trauma Center. Police are investigating whether alcohol and speed were factors in the Ellicott City, Maryland auto accident.

Meantime, police are trying to determine what caused a deadly Rockville motor vehicle accident at a local car wash. Driver error and mechanical difficulties are some of the reasons under consideration.

On the afternoon of December 29, 2010, a 1998 Jeep that employee Julio Cesar Coreas-Portillo was driving out of the car wash accelerated out of control to pin two workers beneath it. One of the victims, Gavino Euseda, died from his injuries. The other worker, Eusebio Oacan, sustained serious injuries.

Hanover woman killed in Maryland collision, York Daily Record, January 5, 2010
Airborne Tire Blamed For Fatal Highway Accident, WBALTV, January 5, 2010
Police Identify Woman Who Died in New Year’s Eve Crash in Ellicott City, Columbia Patch, January 2, 2011
Fatal crash on I-70: 1 dead, two injured, The Baltimore Sun, December 31, 2010
Police Search For Cause of Fatal Carwash Accident, MyFoxDC, December 31, 2010
Related Web Resources:
Car Accidents Overview, Justia

Maryland Motor Vehicle Administration