Maryland Accident Law Blog

Baltimore Man Sues Anne Arundel County Police Department and Officer for False Arrest

January 12, 2010 | Lebowitz & Mzhen

A 38-year-old Baltimore man has filed a civil rights violation lawsuit accusing Anne Arundel County police of violating his civil rights when they arrested and imprisoned him without just case. Melvin B. Thomas says he was falsely arrested on January 17 for asking “What about freedom of the press?” after officers apprehended his friend for using a cell phone to videotape cops handcuffing spectators following a Glen Burnie boxing event when some people became rowdy.

Thomas says he and his friend, 32-year-old Pasadena resident Leshon C. Ruffin, were the only two people who were thrown in jail where he stayed for 12 hours. Now, he is seeking $30,000 in damages.

Cpl. Russell Hewitt III, who is a defendant in the Maryland false arrest lawsuit, claims in charging documents that Ruffin was apprehended for trying to approach officers while they were doing their job. He says he arrested Thomas because he was causing a disturbance with his yelling.

Thomas’s attorney, however, says that Thomas and Ruffin were behaving in a nondisruptive manner while others around them were shouting out profanities. All charges against the two men were dropped. Thomas has said that because he and his friend are black he thinks race was a factor. Two white people that also were handcuffed were released at the scene.

Thomas’s Maryland civil rights violation lawsuit is seeking $30,000 in damages.

Maryland False Arrest Lawsuit

A police officer who has violated a person’s civil rights can be sued for damages. Making false arrests, wrongful imprisonment, excessive use of force, verbal abuse, harassment, torture, intimidating tactics, and sexual assaulting a suspect or prisoner can be grounds for a civil lawsuit against the offending police officer, his/her police department, and possibly even the city or the county where the violation took place.

You don’t have to be afraid about coming forward if you were the victim of Maryland police brutality or were falsely arrested without just cause.

Man sues county police for arrest, HometownGlenburnie.com, January 2, 2010
Related Web Resources:

Anne Arundel County

False Arrests, Convictions and Imprisonments, New York Times

$1.2 Million Maryland Wrongful Death Settlement Reached with Family of Teen Restrained at Carroll County, Reform School

January 8, 2010 | Lebowitz & Mzhen

The family of Isaiah Simmons III has reached a $1.2 million Maryland wrongful death settlement with Bowling Brook Preparatory School and the state’s Department of Juvenile Services. The Maryland teen died in 2007 after he was restrained at the reform school.

Simmons’ family had accused counselors of holding him face down and sitting on him for about three hours. Simmons, a Baltimore 17-year-old, eventually lost consciousness and stopped breathing. The counselors are accused of waiting 41 minutes after Simmons became unresponsive to contact 911. Simmons was pronounced dead at Carroll Hospital Center. Following the tragic incident, Bowling Brook maintained that its staff followed appropriate procedures and denied that workers knelt or sat on Simmons’ head or torso.

Per the school’s report, on January 23, 2007, a staff member questioned Simmons about threats he allegedly made. The teenager allegedly made more threats and at around 4:45 pm, staff members and students restrained him. An ambulance was called at about 8:15 pm.

Nine-Year-Old Boy Dies from Injuries Sustained from Falling Tree at the Hashawha Environmental Center in Westminster, Maryland

January 6, 2010 | Lebowitz & Mzhen

Noah Asid, the 9-year-old who was injured on December 29 when a large hickory tree fell on him at the Hashawha Environmental Center has died at a Baltimore hospital. Asid, who was attending a nature camp, was getting ready to go hiking with a group of children and counselors when the tragic accident happened.

According to reports, the 60-foot tree fell against a maple tree. This caused the maple branches to give way and the hickory and a number of large branches to hit the ground, striking Asid and another child. The girl, 10, has been released from Carroll Hospital Center.

The Carroll County sheriff’s office is determining what caused the tree to fall. Winds hitting speeds of up to 35 mph on the day of the accident may have been a factor.

Texting While Driving Increases Maryland Car Crash Risks, Confirm Psychologists

December 30, 2009 | Lebowitz & Mzhen

University of Utah psychologists are saying that texting while driving increases a motorist’s crash risk by six times. The study can be found in the latest edition of Human Factors, a journal.

According to the researchers, texting presents a 50% greater car crash risk than talking does. One reason for this is that reading or writing texts takes a driver’s attention completely off the road. Meantime, talking on the cell phone while driving at the same time divides the motorist’s attention between both tasks. However, this is not to say that it is safe to talk on the phone while operating an auto.

The study’s lead psychologist, Frank Drews, says that he and other researchers asked 20 motorists, ages 19 to 23, to drive in a “high fidelity driving simulator.” All of the participant drivers were seasoned texters.

The researchers say that compared to drivers who did not text or talk on the cell phone, motorists’ median reaction time went up 30% while they texted. Drivers’ median reaction time rose by 9% when talking on a cell phone. The study also reports that it is more distracting to read text messages than it is to compose them.

Distracted Driving Accidents

This past year, federal and state transportation safety officials have stepped up their efforts to make sure motorists are aware of how dangerous it is to text while driving. In September, Maryland’s statewide ban on sending texts while driving went into effect. Also that month, federal transportation officials kicked off a two-day distracted driving summit in Washington DC. This week, the National Highway Traffic Safety Administration launched it’s distracted driving Web site, and President Obama’s executive order banning all federal workers from texting when driving goes into effect today.

Unfortunately, distracted driving continues to be a leading cause of Maryland car crashes. Like drunk driving accidents, distracted driving crashes are preventable.

Research: Texting while driving leads to six-fold increase in accidents, TopNews, December 22, 2009
Texting While Driving Raises Crash Risk Sixfold, BusinessWeek, December 21, 2009
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

Distraction.gov

Human Factors and Ergonomics Society

Simplicity Drop-Side Cribs Linked to Eleventh Infant Death

December 21, 2009 | Lebowitz & Mzhen

The Consumer Product Safety Commission is once again warning parents, adults, and child caretakers about the dangers of using a Simplicity drop-side crib. An 11th child death has been linked to the defective cribs. The crib’s plastic hardware is prone to deformity and breakage. If this occurs and the drop side detaches, a space can open up between the crib mattress and the side of the crib that a toddler or a sleeping baby can fall into, becoming entrapped and suffocating.

The CPSC has recalled all Simplicity drop-side cribs—over 2 million—in the last four years. However, Simplicity is not the only crib maker whose drop side cribs have been recalled. Last month, the CPSC recalled 2.1 million Stork Craft Manufacturing drop-side cribs after reports of four infant suffocations. Two of the other drop-side sleeper recalls: 1.6 million Delta drop side cribs following two infant deaths and about 2000 Playkids USA portable cribs after a 5-month old suffocated when he became entrapped between the drop-side rail and the mattress.

While drop-side cribs are popular with consumers because the side that drops makes it easy for adults to lift their kids into and out of the supposedly secure beds, there have been so many reported child injuries and deaths involving this kind of crib that some crib manufacturers have called for a ban on all drop-side cribs. Broken and missing pieces, poor design, poor assembly directions, and defective materials are some of the product defects that have led to drop-side crib-related entrapment accidents, fall accidents, and strangulation accidents.

Our Maryland injuries to minors and children lawyers handle products liability claims for families seeking damages for a child’s personal injury or wrongful death. We’d be happy to discuss your defective crib case during your free consultation.

Drop-side cribs are not the only child sleepers considered an entrapment hazard. Last month the CPSC recalled approximately 24,000 Amby Baby Motion Beds/Hammocks. Two infants died from suffocation while in an Amby Baby Hammock. The movement of the hammock makes it easy for the infant to roll into and get stuck against the mattress pad and/or fabric.

11 baby deaths now linked to Simplicity cribs, AP/Google, December 17, 2009
Infant Suffocation Deaths Prompt Recall of Amby Baby Motion Beds/Hammocks, CPSC, December 8, 2009
Related Web Resources:
Crib Safety, HealthBanks
Will Drop-Side Cribs Be Banned?, ParentDish

Family Says Maryland to Blame for Faulty Bay Bridge Construction that Contributed to Truck Driver’s Wrongful Death

December 14, 2009 | Lebowitz & Mzhen

The family of truck driver John Short has amended their Maryland wrongful death complaint to include the state as a defendant. Short died in a truck crash in August 2008 when he swerved his tractor-trailer to avoid another vehicle, crashed into a bridge wall, and drove off the Chesapeake Bay Bridge.

In June, the 57-year-old trucker’s family filed a $7 million Maryland wrongful death lawsuit against 19-year-old Candy Lynn Baldwin, who had fallen asleep while driving.

While Baldwin, who had been drinking before the tragic Maryland truck crash, did not have a blood alcohol level high enough for her to be charged with drunk driving, Short’s family says her results would have been different if authorities had tested her BAC right after the truck collision. They have pointed to her MySpace page, which included pictures of Baldwin, a minor, drinking alcohol. One photo shows her holding a bottle of alcohol while she’s seated in the driver’s seat of a motor vehicle.

$70 Million Baltimore Personal Injury Lawsuit Accuses Ravens Linebacker Terrell Suggs of Maryland Domestic Violence

December 11, 2009 | Lebowitz & Mzhen

Candace Williams is suing Baltimore Ravens linebacker Terrell Suggs for Maryland personal injury. Candace Williams, 26, is seeking $70 million: $50 million in punitive damages and $20 million in compensatory damages.

Williams claims that Suggs physically abused her twice last month. She contends that on November 3, the football player broke her nose when he hit her face. Williams alleges that on November 29, Suggs poured chemical bleach on her body and threatened to drown her in the strong liquid.

She filed a restraining order against him last week. On Friday, a judge granted an order preventing Suggs from contacting Williams.

Psychiatrist Accused of Sexual Misconduct Has Settled Maryland Injury Lawsuits from Alleged Victims

December 5, 2009 | Lebowitz & Mzhen

Psychiatrist Nelson H. Hendler is defending himself in a case brought by a former patient who says that he sexually abused her. This is not the first accusation against the once prominent physician, who lost his license to practice medicine in February 2006 after the Maryland Board of Physicians determined that he committed sexual misconduct against several patients and gave out medication even though he didn’t have the proper permit.

The woman who brought this case claims that Hendler acted with her the way he did with his other patient victims. He allegedly convinced a number of patients that he was the only person who could help them and then took sexual advantage of them. Hendler is also accused of giving medication to women, even those who didn’t have prescriptions for the drugs, in exchange for sexual favors. Hendler has already settled a number of Maryland injury lawsuits against him from some of the women that are alleging medical malpractice and sexual abuse.

In 2007, Hendler submitted an Alford plea to one count of possession with intent to distribute drugs. The psychiatrist acknowledged there was enough evidence to convict him but did not plead guilty. He received a probation sentence before judgment, which caused a conviction to be staved off.

Maryland High School Football Player Killed in Howard County Car Accident

December 1, 2009 | Lebowitz & Mzhen

A 17-year-old high school football player is dead following a tragic single-car accident that occurred early Sunday at around 3am. Steven Dankos and teammate and best friend Thomas Erdman were riding in a pickup truck driven by Edrman’s brother, David Dixon Edrman, when the 22-year-old lost control of the truck, which then struck three decorative stone pillars before overturning.

Dankos was pronounced dead at the Howard County car crash site. Thomas and David sustained injuries. David is charged with homicide by motor vehicle while intoxicated, driving under the influence, and manslaughter by motor vehicle.

Drunk Driving Accidents

Drunk driving crashes are preventable. Yet every year, thousands of people are killed in the US because someone was driving drunk.

NHTSA 2008 Alcohol-Impaired Driving Facts

• 11,773 drunk driver-related deaths
• That’s 1 alcohol-related car crash death every 45 minutes

Drunk driving is a crime and also a form of negligent driving. A person who is driving under the influence of alcohol or drugs has impaired reflexes and senses and may not realize that he or she is speeding or about to collide with another vehicle or into oncoming traffic. Losing control of an auto when someone is inebriated is easy. It is the consequences and repercussions that follow which can be hard to live with.

A drunk driving conviction usually results in jail time. It can also destroy the lives of any victims, surviving family members, and the drunk driver who likely never intended to harm anyone.

After the season, the greatest loss, Washington Post, November 30, 2009
River Hill football player remembered as ‘great kid’, ExploreHoward, December 1, 2009
Related Web Resources:
Groups press for tougher drunk driving laws, Baltimore Sun, November 1, 2009

Drinking & Driving

Mothers Against Drunk Driving

Maryland Pedestrian Accidents: US 40 Considered a Leading Danger Zone for Injuries and Deaths

November 23, 2009 | Lebowitz & Mzhen

According to the Baltimore Sun, since January 2003 at least 29 Maryland pedestrian fatalities have occurred in the 52-mile section of US 40 where it merges into Interstate 70 in Western Howard County. At least 8 of the pedestrian deaths occurred in Baltimore City, and except for 2 fatalities, the other pedestrian deaths occurred in West Baltimore. 21 pedestrian fatalities occurred in Baltimore County, Howard County, and Harford County, with the 3-4 fatalities that took place in the Maryland cities of Rosedale, Ellicott City, and Aberdeen occurring within a few hundred feet of each other.

Maryland State Highway Administration spokesperson Dave Buck says US 40, a main arterial highway, was constructed before pedestrian safety was considered a priority. A recent report by Surface Transportation Policy Project and Transportation for America recently pointed to highway design as one of the main causes of pedestrian deaths.

The report noted that 56% of pedestrian fatalities occur on roads that weren’t designed with pedestrian safety in mind. The report says arterial roads usually have multiple lanes, high speed limits, and few (if any) crossing signals or crosswalks.

Other arterial loads linked to Baltimore pedestrian accidents include Ritchie Highway, US 1, Reierstown Road, Liberty Road, and Mountain Road. With so many pedestrians continuing to die and get hurt in US traffic crashes each year—4,378 US pedestrian fatalities, 69,000 pedestrian injuries, and 116 Maryland pedestrian deaths in 2008—local, state, and federal entities must make sure that roads are properly designed to limit the number of pedestrian injuries and deaths.

U.S. 40 among top danger spots for pedestrians, Baltimore Sun, November 23, 2009

Pedestrians, NHTSA (PDF)

Related Web Resources:

Read the Report (PDF)

Maryland Department of Transportation