Maryland Accident Law Blog

Carroll County, Maryland Injury Lawsuit Seeks Damages for E.Coli Infection from Unpasteurized Apple Cider

November 11, 2010 | Lebowitz & Mzhen

In Carroll County Circuit court, Baltimore resident Nicholas Fickel is suing Baugher’s Orchard and Farm for Maryland personal injury. Fickel says he became ill after consuming Baugher’s unpasteurized apple cider last month.

Fickel says that his E. coli infection caused him to experience uncomfortable symptoms, including bloody diarrhea and painful stomach cramping. As his condition grew worse, he had to seek medical help. A lab test confirmed that Fickel was suffering from E. coli O157:H7.

Fickel isn’t the only one to complain of food poisoning after consuming Baugher’s apple cider. Health officials in Maryland say there are at least seven E. coli cases linked to the cider. Three people had to be hospitalized for their food poisoning. One person may now possibly have Hemolytic-Urenia Syndrome, which a type of kidney failure linked to E. coli poisoning.

Man Assaulted at Westport Light Rail Station in Baltimore, Maryland Dies From Injuries

November 8, 2010 | Lebowitz & Mzhen

The 44-year-old man who was physically assaulted at the Westport light rail station last month has died from his Baltimore injuries. Winslow Thomas, who managed to walk to a home after the attack on October 22, received treatment at Maryland Shock Trauma for blunt-force injuries and cuts. He died on November 3.

Unfortunately, crimes at light rail, train, and subway stations do occur. This is why their premise owners and supervisors must exercise the proper safety precautions to prevent such incidents from happening. Security personnel, surveillance cameras, alarm systems, and proper lighting are examples of possible safety precautions that can be implemented to discourage/prevent robberies, sexual assault, physical assault, and murder from happening.

It was just in August that our Washington DC personal injury law firm reported on a brawl involving 70 people that started in a rail car before continuing on a L’Enfant Plaza Station platform. Not long after that two adults were assaulted on a Green line train.

Even if the property owner did not directly cause a crime to occur on a premise, liability can still be found if the owner should have and could have acted to prevent the incident from happening.

Baltimore Premises Liability

Crimes on a premise are not the only potential danger that can occur on a premise. Premises liability cases have been brought against a property owner by those who have been injured in Maryland slip and fall accidents or because of falling merchandise, inadequate maintenance, defective conditions, or other hazards that caused personal injury or wrongful death.

Man, 44, who was beaten at light rail stop dies, Baltimore Sun, November 5, 2010
DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 27, 2010
Related Web Resources:
Premises Liability, Justia
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

Maryland Car Crash on Route 113 Kills Four People and Injures Five Others

November 4, 2010 | Lebowitz & Mzhen

A catastrophic Maryland multi-vehicle vehicle accident on Route 113 on Monday afternoon has claimed the lives of four people from the same family. They are Carmelo Dominguez, 53, his wife Evelyn Morales, 48, daughter Natasha Dominguez, 23, and grandson Jose Dominguez, 2.

All four car crash victims were traveling in a Nissan Cube, which witnesses say was moving at a fast speed and passing other vehicles while in no-passing zones. Police say that right before 5 p.m, Dominguez, who was driving the Cub, tried to pass a tractor-trailer. During this attempt, the Cube hit a Honda CRV, which caused the Nissan to “catapult upward” and strike the side of the semi-truck. The cube then landed on top of a 2004 Volkswagen Jetta.

Police say that according to preliminary findings the Newark, Maryland traffic accident was caused by improper passing, driving at a fast speed, and aggressive driving. They also believe that no one in the Cube—there were seven people in the vehicle—had been using child safety seats and seat belts.

Injured in the Maryland auto collision were the other three people who were in the Cube—Dominguez’s daughter Christina Dominguez, 25, and grandchildren Christina Gonzalez, 9, and Yasmine Dominguez-Astacio, 4—and the drivers of the other vehicles—Mary M. Jones, 41, and Daniel H. Nelson, 23, who has been in critical but stable condition.

Seat Belt Use

It goes without saying that using a seat belt or child safety seat can save lives and prevent catastrophic car crash injuries. Fortunately, more people are now using seat belts. According to the National Highway Traffic Safety Administration, this year, seat belt use has gone up 1% from (2009) and is now at 85%.

NY family unbelted in fatal Route 113 crash, DelmarvaNOW, November 3, 2010
Md. State Police: 4 dead in multi-vehicle crash
, Associated Press, November 1, 2010

Seat Belt Use in 2010, NHTSA, September 2010 (PDF)

Related Web Resources:
Maryland Department of Transportation

Frederick County, School Bus Crash Involving Injuries Went Unreported, Say Maryland State Police

October 28, 2010 | Lebowitz & Mzhen

Maryland State Police are investigating a Frederick County traffic crash between two school buses onThursday that they say went unreported. A number of school children reportedly sustained injuries.

According to the authorities, a Littlestown School District bus collided with another district bus at around 3pm. A number of third graders that had been headed back to Littlestown Rolling Acres Elementary after a field trip to Washington DC were later taken to hospitals by their parents. Injuries sustained ranged from minor bruises to possible bone fractures and concussions. One student lost a tooth. Another student suffered a bloody nose.

The school bus drivers reportedly discussed the collision with each other and notified district staff about the incident before leaving the Maryland bus accident site. At the time, the bus drivers reportedly did not realize that any of the students had been hurt.

According to the Gettysburg Times, a number of the students’ parents have expressed dismay with how the Maryland school bus accident was handled. They are wondering why police and ambulances were not called to the crash site immediately, whether the bus drivers had been given a plan for what to do during a traffic, and, if so, then why the plan wasn’t followed.

One parent says that chaperones who were on the bus when the crash happened were surprised when the bus driver resumed driving before help could arrive. Another parent says that someone on the bus called for help but that somebody else cancelled the request. Someone else says that one of the bus drivers had been tailgating. Parents were reportedly told that it was up to them to determine whether their child needed medical care and to make sure that he/she received it.

Buses collide, pupils injured, Gettysburg Times, October 22, 2010
Investigation continues into school bus crash near Frederick, WTOP, October 23, 2010
Related Web Resource:

Federal Motor Carrier Safety Administration, Large Truck and Bus Crash Facts

Two Dead from Havre De Grace Fire at Harford County, Maryland Apartment Building

October 25, 2010 | Lebowitz & Mzhen

A second person has died from injuries sustained during a fire in Havre de Grace, Maryland. The victim is 70-year-old Helen Bernice Logan. She died of smoke inhalation.

The deadly fire broke out at about 4:30am last Tuesday in Logan’s apartment. Some 25 firefighters were called to quell the fire, and they were able to keep the flames contained to her unit. Logan’s companion, 60-year-old Keith Richard Dowden, died at the accident site.

Investigators say that the fire started in Logan’s apartment, which is located in a Victorian-style building that had been converted into several rentals. A male resident from one of the other units was transported to the hospital for treatment of mild smoke inhalation. The cause of the fire is not yet known.

The apartment building had working smoke alarms, but it unclear at this time whether the one in Logan’s unit were working. Approximately 10 people have been displaced by the fire.

Apartment Fires

If you or someone you love was injured in a fire at an apartment complex or another common-living environment, it is important that you explore your legal options as you may have grounds for a Baltimore premises liability claim or another type of Maryland injury case. The owner of the building and/or the management company may have acted negligently so as to create (or fail to remove) a fire hazard on the property that placed people’s lives at risk. There also may have been a defective smoke alarm, fire alarm, or another appliance or item that could have caused the blaze. The condition of the building may not be up to current fire safety code standards. Or, there may be another party that acted carelessly or recklessly, such as a negligent tenant, visitor, or maintenance worker/company.

Maryland burn injuries can be very painful and medical and recovery expenses can be very costly.

Woman dies of injuries suffered in Md. fire, WTOP, October 20, 2010
Man, 60, dies in Havre de Grace fire, The Baltimore Sun, October 19, 2010
Related Web Resources:
Burns, MedlinePlus
Apartment Fires, WhatHappensNow

On Tuesday, November 2, 2010, Vote For Ballot Question 2

October 20, 2010 | Lebowitz & Mzhen

On November 2, 2010, voters across Maryland will be asked to answer an important question regarding Maryland’s Constitution. We encourage the residents of Maryland to VOTE FOR QUESTION 2, IN FAVOR of the Constitutional Amendment question limiting a Trial by Jury to civil cases where the amount in controversy exceeds $15,000.00.

Here’s why:

In the State of Maryland, someone injured in an automobile, motorcycle, truck accident, or any incident where injuries and damages are caused by the negligence or wrong choices of another person or corporation, has the right to file a lawsuit.

Currently, in Maryland state courts, a lawsuit brought by a plaintiff (the injured person) seeking damages in the amount of $10,000.00 or less is guaranteed to stay in the District Court of Maryland. In the District Court, the case will be heard by a Judge, and the advantages include the scheduling of the trial fairly quickly (usually two to four months after filing the lawsuit), and litigation expenses that are kept low because expert witnesses are not required, and filing fees are $38.00.

Currently, a lawsuit filed by a plaintiff seeking damages in the amount of $10,000.01 to $30,000.00 can be filed in the District Court of Maryland, BUT the Defendant’s lawyer may “bump” the case up to the Circuit Court by requesting a jury trial. In many cases, the choice to bump the case up is a Defendant lawyer’s litigation strategy designed only to make it more costly and more time consuming for an injured person to have her day in Court. Cases litigated in the Circuit Court are considerably more costly to the plaintiff because an expert is often required, depositions are taken which require the use of court reporters, and filing fees are between $115.00 and $145.00. In addition, cases in the Circuit Court take approximately twelve to eighteen months to get to trial.

By raising the right to a jury trial to cases where the amount in controversy exceeds $15,000.00, the law would allow injured people who have cases worth $10,000.00 to $15,000.00 to have their cases heard fairly and impartially by a judge in the District Court of Maryland without having to travel through the lengthy and costly Circuit Court of Maryland proceeding.

In addition, if the Constitutional Amendment passes, the Circuit Court civil dockets would be less crowded as more cases would be appropriately handled in the District Court. Finally, the cost of administering the court system borne by the Maryland taxpayer will be reduced because more cases will be tried in the District Court without jurors (who are paid for their service) and with fewer court personnel.

For those people interested in the exact working of Question 2, it will be:

Maryland Wrongful Death Case Seeks Damages for Police Shooting of Off-Duty Cop

October 19, 2010 | Lebowitz & Mzhen

The widow Baltimore police officer Norman Stamp is suing Officer John Torres, a fellow cop, for Maryland wrongful death. Stamp was shot by Torres outside a strip bar on April 22, 2008.

While police contend that Stamp got into a confrontation with Torres, which prompted him to pull out his gun and shoot the 65-year-old, the Suzanne Stamp’s wrongful death lawyer believes that Stamp “wrongly prejudged” the situation when he shot Torres, who was leaving the Haven Place club in Southeast Baltimore. Stamp was reportedly at the bar to celebrate his 44th anniversary with the police department.

The fatal shooting took place during a brawl involving Stamp’s fellow motorcycle club members. Torres maintains that as he separated Stamp from another man with a Taser, the off-duty cop first fell down the stairs and then approached him with his gun drawn. Stamp also allegedly refused to get rid of the brass knuckles that he had on his hand. However, the plaintiff’s Maryland wrongful death attorney says that a man in the parking lot turned to see Stamp fall down the steps after the shots were fired and that the off-duty cop stayed on the ground until medics arrived at the scene.

Maryland Medical Malpractice and Fraud Alleged in 101 Claims Against Towson Hospital

October 16, 2010 | Lebowitz & Mzhen

A Towson medical malpractice lawyer has filed claims on behalf of 101 patients accusing St. Joseph Medical Center and its former cardiologist Dr. Mark G. Midei of Maryland medical negligence, conspiracy, and fraud. Midei is accused of conducting hundreds of unnecessary cardiac stent procedures. Up to $30,000 is being sought for each count.

Midei is accused of falsifying medical records so that it would seem as if patients were suffering from clogged arteries. He would then insert mesh stents into their healthy veins. The cardiologist, who made $1.3 million from the Towson hospital during the 2009 fiscal year, denies the allegations.

After finding out about the allegations of Towson medical medical malpractice against Midei, St. Joseph removed him from duty and began investigating. The hospital also issued warning letters to approximately 600 patients letting them know that they may have undergone an unnecessary medical procedure to insert a stent that they didn’t need.

New Laws to Prevent Maryland Bicycle Accidents Take Effect

October 11, 2010 | Lebowitz & Mzhen

Maryland has several new bicycle laws that are now in effect. Lawmakers are hoping that this will decrease the number of traffic that occur each year. According to preliminary data, Maryland State Police says that 10 people were killed in Maryland bicycle accidents in 2009. Over 650 bicyclists are injured in the state each year.

Per the new laws:
• Except for on roads that are too narrow, drivers must give cyclists three feet of clearance when passing them.
• Bicyclists do not have to ride on the shoulder of the road.

• Bicyclists can use crosswalks in areas where they are allowed to use the sidewalk.

Also, bike paths or sidewalks in areas that are currently considered a safety risk will be added or enhanced when necessary. Balanced funding for pedestrian and cycling facilities will be provided.

It is important that drivers and bicyclists remember that they share the roads with one another. A bicyclist is often at a disadvantage and at high risk of injury during a traffic crash. A bike helmet and protective clothing often are not enough to prevent a cyclist from sustaining broken bones, a head injury, a back injury, a traumatic brain injury, a spinal cord injury, or some other serious injuries. Our Baltimore injury lawyers are familiar with the toll that getting hurt in a Maryland can have on the victim and their families.

Steps that drivers can use to avoid becoming involved in a Baltimore bicycle accident:

• Obey the laws.
• Be on the look out for bicyclists while driving and when getting out of a parked car.
• Slow down when overtaking a bicyclist.

• Be extra careful when there are child bicyclists.

New Maryland bike and cycling laws, Examiner, October 4, 2010
New Bicycle Laws Take Effect Friday, October 1, Southern Maryland Online, October 1, 2010
Related Web Resources:
Bicycle Safety, Choose Safety for Life
Traffic Safety Laws, Department of Transportation: State Highway Administration

Montgomery County Jury Awards Silver Spring Woman $2.35M Maryland Medical Malpractice Verdict Over Wrong Diagnosis

October 4, 2010 | Lebowitz & Mzhen

A jury has awarded Yesenia Rivera $2.35 million for Maryland medical malpractice. Rivera, now a 28-year-old Silver Springs woman, had to have part of a leg and a portion of a foot amputated after doctors wrongly diagnosed a kidney blockage.

Rivera had first sought treatment at Shady Grove Adventist Hospital for severe stomach pain on August 1, 2006. She was diagnosed with a kidney stone and given pain medicine. Two days later she was back. This time, doctors thought she was either experiencing an ectopic pregnancy that had ruptured or a gallbladder problem. According to the Washington Post, the septic infection that she was suffering from went untreated for hours and spread through her body.

Rivera would go on to develop gangrene. Part of her right foot and part of her left leg had to be removed. She also lost her fingers, which fell off on their own because of a syndrome called “autoamputation.”