Maryland Accident Law Blog

Two Men Killed in Potomac, Maryland Drunk Driving Accident

July 13, 2009 | Lebowitz & Mzhen

Two people died last Tuesday when a drunk driver hit the pickup truck they were riding in. The impact of the Maryland motor vehicle crash caused their vehicle to go over a guardrail and 60-feet down an embankment. The vehicle landed on its roof.

Killed in the deadly Potomac car accident were driver Gradys Mendoza, 39, and passenger Franklin Manzanares, 37. They were returning home from a construction job site when the deadly Maryland traffic accident happened.

The alleged drunk driver, 33-year-old Kelli R. Loos, was charged with failing to stop at an accident scene involving bodily injury and driving under the influence. Her blood alcohol level was .20—more than twice the legal limit.

Following the Potomac drunk driving accident, Loos reportedly told investigators that she had been at a Maryland bar.

Just last March, Montgomery police cited Loos with numerous citations, including failing to provide a written ID, failing to insure her Jeep, and driving on a suspended Virginia license. A warrant was issued for her arrest when she did not appear in court in June. Last November, Loos was cited for failure to obey a traffic signal and driving with a suspended license. She also had six previous traffic and speeding violations going as far back as 1994.

Driving Drunk

Driving drunk is always dangerous and places people’s lives at risk. It is a senseless way to die let alone cause injury or death to others. You can sue a Maryland drunk driver for personal injury or wrongful death.

Signs That There May Be a Drunk Driver Sharing the Road With You:

• Driving on a lane marker
• Making very wide turns
• Coming very close to hitting a motor vehicle or another object
• Weaving from one area of the road to the next
• Driving on the wrong side of the road
• Driving on the shoulder
• Driving way below the speed limit
• Excessive speeding
• Following too closely behind a vehicle
• Braking for no reason or repetitively
• Driving without the headlights on
• Stopping the vehicle for no reason, including at green lights
Suspect in Fatal Beltway Crash Was Over Alcohol Limit, Police Say, Washington Post, July 9, 2009
2 Killed by Alleged Drunk Driver, WTOP.com, July 8, 2009
Related Web Resources:
Motor Vehicle Safety, CDC
Maryland Drunk Driving Law, Alcoholism.About.com

Maryland Wrongful Death Settlement Reached in 2007 Pedestrian Accident on Coastal Highway

July 10, 2009 | Lebowitz & Mzhen

A little over two years after 21-year-old Tyler Adams was killed in a Maryland motor vehicle crash while crossing Coastal Highway on June 17, 2007, his family has settled their wrongful death lawsuit with the defendant.

Adams, an Easton resident, and his friend Dale Blankenship were crossing the highway before 2am when a Jeep Cherokee driven by Brian Scott, 19, struck them. While Blankenship, also from Easton, sustained minor injuries, Adams died from his injuries.

No criminal charges were filed against Scott. Adams’s family sued him for Maryland wrongful death in August 2007. Their civil complaint sought $1.75 million in punitive and compensatory damages. The terms of the Maryland wrongful death settlement are confidential.

Court of Special Appeals Says Family Can Once Again Pursue Maryland Wrongful Death Claim for Mother’s Cancer Misdiagnosis

July 8, 2009 | Lebowitz & Mzhen

In Maryland, the Court of Special Appeals has revived the wrongful death lawsuit a family that sued the University of Maryland Medical System Corp. for a woman’s wrong diagnosis that she had arthritis instead of a deadly cancer.

In March 2001, Rice was diagnosed with osteoarthritis. She had experienced pain in her left knee. It wasn’t until several months later that a ruptured cancerous cyst was found.

Rice had to undergo surgery, radiation, chemotherapy, and radiation. She died in March 2003. In November 2003, her children filed a claim with the Health Care Alternative Dispute Resolution Office. They said that delayed diagnosis and treatment contributed to her death. They waived arbitration and filed their Maryland wrongful death lawsuit in Baltimore City Circuit Court.

Maryland Pharmacy Injuries: Pharmacist is Charged with Illegally Selling Over 23,000 Prescription Pills

July 6, 2009 | Lebowitz & Mzhen

Police in Maryland have arrested a Reisterstown pharmacist. They are accusing Ketankumar Arvind Patel of illegally selling over 23,000 prescription pills. Authorities say that this amount is equal to almost 28,000 pounds of marijuana or 63 kilograms of cocaine. Federal charges have been filed against the 47-year-old.

In the six-count indictment against him, Patel, an Eldersburg resident, is accused of using his Medicine Shoppe Pharmacy to fill bogus prescriptions for Oxycontin, Xanax, and Percocet. The Drug Enforcement Administration’s Baltimore office noted that these painkillers account for more overdose fatalities a year than cocaine and heroin together.

The regional agency is committed to fighting prescription drug abuse. Officials say they will treat pharmacists like “any other drug dealer.” If convicted on all counts, The Baltimore Sun reports that Patel could be ordered to serve a maximum 86 years in prison. He may also face over $26 million in fines.

Sykesville Mother Dies from Injuries Sustained in Tragic Maryland Truck Accident that Killed Her Teenage Son and Injured Her Daughter

July 1, 2009 | Lebowitz & Mzhen

Nearly one week after a tragic Maryland truck accident on Route 32 killed her 13-year-old son and injured her 5-year-old daughter, 51-year-old Kyong Hae Kim has died.

Kim, her son Vincent, and her daughter Jacqueline were headed to a riding lesson on June 12 when the Sykesville family’s Mazda 5 minivan collided with a flat-bed tow truck driven by truck driver Tymothy Thatcher.

Vincent was pronounced dead at Howard County Hospital. His 5-year-old sister was treated at Children’s Hospital in Washington and released two days later. Kim was pronounced dead at Maryland Shock Trauma Center on Monday night. Thatcher was not injured in the truck accident.

Police are investigating the cause of the Sykesville truck collision.

Maryland Truck Accident Lawsuits

Pursuing your Maryland truck crash claim without the help of a Baltimore personal injury law firm representing you can get tricky. Trucking companies are equipped to combat liability claims filed against them, which is why you need your own truck crash legal team to look out for your best interests and protect your legal rights.

One common argument that a trucking company might use to combat a Maryland personal injury case is to place the blame on the injured party. The truck crash defendant may accuse the motor vehicle of unsafe passing, driving into opposing traffic, drunk driving, failing to stop, failing to yield, following too closely, speeding, distracted driving, or improperly merging. The trucking company might also claim that the truck driver was an independent contractor (rather than an employee) or blame the manufacturer of a specific truck part for a defect that caused the truck collision.

It is also not uncommon for a trucking company, a leasing company, the company that owns the cargo being transported, or another involved party to blame the other parties for the motor vehicle accident.

This is why you need to contact an experienced Maryland truck crash law firm as soon as possible.

Mother dies after crash that killed son, The Baltimore Sun, July 1, 2009
Route 32 crash claims 2nd life, mother of 13-year-old, Howard County Times, June 30, 2009
Related Web Resources:
Teen killed in Howard crash remembered as inspiration, Baltimore Sun, June 26, 2009
FMCSA

Baltimore County Fire Department Says Latest Carbon Monoxide Not the First Involving Essex Townhouse Community

June 29, 2009 | Lebowitz & Mzhen

In Baltimore County last Wednesday, three women, an 18-month-old boy, and an 11-year-old boy were transported to Maryland Shock Trauma Center for treatment of carbon monoxide poisoning. All five victims live in the first block of Cove Village Complex, a townhouse community.

Readings showed approximately 85 parts per million of the gas close to an upstairs bedroom and 74 parts per million in the downstairs area. Most CO detectors go off at around 35 parts per million.

According to the Baltimore County Fire Department, this is not the first time that CO poisoning has been an issue at the complex. In July 2005, a 48-year-old resident and his two stepdaughters, ages 15 and 14, died in their home. The tragic accident occurred because a hot-water heater had a faulty pipe. In August 2005, nine people were rushed to a hospital after suffering from symptoms associated with carbon monoxide poisoning.

There are now carbon monoxide alarms throughout the complex. Last year, however, the fire department was called to Maryland townhouse complex 20 times because the alarms went off.

The unit where Wednesday’s incident occurred is owned by Sawyer Reality Holdings LLC.

Carbon Monoxide

CO often goes undetected, which is one of the reasons it claims so many lives. It continues to be the number one cause of accidental poison deaths in the US. Exposure to carbon monoxide for an extended period of time can lead to brain damage and death.

Earlier this month, a family staying in an Ocean City, Maryland condominium had to evacuate the premise when they started feeling sick because of a carbon monoxide leak. Firefighters say the level of carbon monoxide was over 1,000 parts per million. A mother, father, two grandchildren, and two grandparents were treated and released from Atlantic General Hospital.

Three years ago, a father and his 10-year-old died in Ocean City at a Days Inn because of a carbon monoxide leak. The man’s widow filed a $30 million Maryland wrongful death lawsuit against several defendants and a settlement was reached this April.

A property manager that fails to properly maintain a premise can be held liable for Maryland premises liability if a carbon monoxide leak causes someone to get sick or sustain a brain injury.

5 hospitalized with CO exposure symptoms, Examiner.com, June 25, 2009
Pa. family made sick by toxic gas in condominium, DelMarvaNw.com, June 18, 2009
Related Web Resources:
Carbon Monoxide Poisoning, EMedicineHealth.com
Premises Liability Overview, Justia

$7 Million Maryland Wrongful Death: Truck Driver’s Family Sues Teen Driver For Fatal Collision that Caused Trucker to Plunge into the Chesapeake Bay

June 25, 2009 | Lebowitz & Mzhen

The family of John Short, the 57-year-old tractor-trailer driver that died when his truck fell into the Chesapeake Bay during a deadly motor vehicle crash last August, is suing 19-year-old Candy Lynn Baldwin for his wrongful death. Their Maryland civil lawsuit is seeking $7 million from the teenager, who swerved into the lane that Short’s truck was in, causing him to drive his truck through a bridge wall before it fell into the water.

Short’s relatives contend that the deadly Maryland truck accident happened because Baldwin had been drinking prior to getting into her car. Just six months ago, prosecutors decided not to criminally charge the teenager with auto manslaughter because her blood alcohol content two hours after the car-truck collision was .036%. Maryland’s legal BAC limit is .08%.

The Maryland wrongful death lawyer representing Short’s family, however, says Baldwin’s BAC would have been higher if she had been tested right after the Maryland truck accident. He also provided a photo taken from the teenager’s MySpace page that shows her holding a bottle of alcohol while seated behind the wheel of a motor vehicle.

Washington DC Metro Train Accident Death Count Goes Up to 9 Fatalities

June 24, 2009 | Lebowitz & Mzhen

Investigators are working hard to determine the cause of Monday’s deadly DC Metro train accident that officials are calling the worst in Metrolink’s history. The death toll has risen to 9 fatalities—although Washington Mayor Adrian Fenty says emergency officials don’t believe any more bodies will be found in the wreckage from the Red Line collision. More than 70 people were sent to hospitals for their injuries following the rush hour train crash.

According to officials, Train 112, the train that hit another train close to the Fort Totten Station, contained six of the oldest rail cars in the fleet. The train cars belonged to the Series 1000 models from the 1970’s. Several years ago, the National Transportation Safety Board recommended that the Washington Metropolitan Area Transit Administration replace these cars because their ability to withstand a train crash was uncertain. The transit agency, however, refused to retire the trains or strengthen their frames (which could have decreased the risk that they would collapse during a collision) because of cost concerns. Also, the trains were going to be retired in 2014.

The 290 1000 series cars comprise over 25% of Metro’s 1,126-car fleet. During Monday’s train crash, part of train 112’s lead car ended up on the roof of Train 214’s trailing car. The impact of the crash crushed 2/3rds of Train 112’s lead car.

Train 112 was operating automatically at the time of Monday’s train collision and evidence indicates that train operator Jeanice McMillan, who was among the fatalities, activated the emergency break before the train accident happened. McMillan, 42, had only three months’ experience as a train operator prior to Monday’s devastating wreck. National Transportation Safety Board chairwoman Deborah A.P. Hersman says that investigators are examining whether McMillan was tired, having health issues, or was talking on a cell phone or text messaging when the DC train accident happened.

Based on the current information and evidence that is available, experts say that the train crash may have occurred because of operator error, a faltering computer system, brake failure, or a combination of these factors. The Washington Post is reporting that Train 112 may have been two months past due for brake maintenance.

Unfortunately, because train 112 is an older train, it does not have a “black box.” The train that was struck is a newer train that was carrying a data recording device. Hersman says that the NTSB is examining a number of other issues, including system maintenance, personnel training, and the train tracks’ condition. Search, recovery, and investigation efforts are seriously affecting travel from the Maryland suburbs to downtown Washington DC.

Toll rises to 9 in D.C. rail crash, The Baltimore Sun, June 24, 2009
Train Operator Apparently Hit Brakes Before Crash, Washington Post, June 24, 2009
Related Web Resources:

Washington Metropolitan Area Transit Authority

National Transportation Safety Board

Frederick County Settles Maryland Wrongful Death Lawsuit Over Firefighter Trainee that Collapsed from Heatstroke

June 22, 2009 | Lebowitz & Mzhen

The parents of Andrew Waybright, a 23-year-old firefighter trainee that died after suffering from heatstroke in 2002, have reached a Maryland wrongful death settlement with Frederick County. Per the terms of the agreement, the County will pay $300,000 to Shirley and James Waybright, as well as install a commemorative plaque at the Frederick County Public Safety Training Center.

Andrew, who at the time was a Harney volunteer in Carroll County, was training for a full-time position in Frederick County when the tragic incident happened. He collapsed on July 3, 2002 while participating in an outdoor workout at the center while taking part in a nearly 4-mile run.

Instructors at the training center performed CPR on Andrew after he collapsed. He was pronounced dead upon his arrival at Frederick Memorial Hospital. Doctors that examined Andrew’s body at the hospital said his temperature was 107.4.

Maryland Personal Injury Lawsuit filed Over Ocean City Escalator Accident

June 18, 2009 | Lebowitz & Mzhen

In Maryland, a woman is suing Ocean City, the Ocean City Convention and Visitors Bureau, and ThyssenKrupp Elevator Company for personal injury over an escalator accident that occurred in May 2006. Rebecca Beall filed her Maryland premises liability lawsuit in US District Court.

Beall was a high school student at the time of the escalator accident that injured her and several other students from her school band. The band was in Ocean City to attend the Youth Music Competition taking place at the Convention Center.

On May 5, 2006 the escalator they were riding to the next floor stopped abruptly and began moving in the opposite direction. A number of students fell and some of them were taken to a hospital for treatment of their injuries.