Maryland Accident Law Blog

Family of Maryland Wrongful Death Victim Calls on Governor O’Malley to Suspend State Police Trooper Involved in Deadly 2006 Traffic Crash

October 29, 2008 | Lebowitz & Mzhen

The family of Randy Rakes, a Finksburg man who died in 2006 in a Maryland motor vehicle crash involving a State Police trooper car on Md. 140, is calling on Maryland Governor Martin O’Malley to remove trooper Dale Derr from the force. Their demand comes following a confrontation between Derr and Rakes’s half-brother, Joseph Blizzard, earlier this month.

According to the Rakes family’s Maryland wrongful death lawyer, other troopers had detained Blizzard in Carroll County on October 12 when Derr arrived at the scene and verbally and physically assaulted him before throwing him to the ground, allegedly causing the suspect to break his thumb. Blizzard was arrested over allegations of check forgery.

Police say they are investigating the allegations against Derr. The Rakes family wants him suspended from the force pending the probe’s outcome.

Lexington Park Couple Dies in Maryland Motorcycle Accident

October 28, 2008 | Lebowitz & Mzhen

Maryland State Police are investigating a deadly motor vehicle crash in St. Mary’s County that left a newlywed couple dead. Phillip Brian Natalie died at the crash scene, while his wife, Jessica Laurel Natalie, was pronounced dead at St. Mary’s hospital following the crash. Jessica and Laurel, who were both 26, were married this summer.

The collision took place at the intersections of Crimson Drive and Willows Road. Police reports indicate that the Maryland motor vehicle collision happened after a Toyota Camry, driven by 25-year-old Lateesha Shonte Cooper, made a left turn and drove into the path of the motorcycle that the couple was riding. Cooper, who is also a Lexington Park resident, was treated at a hospital for her injuries and later released.

According to Lt. Michael Thompson, preliminary findings made it appear to him as if the motorcycle was trying to avoid Cooper’s car. He noted the possibility that Cooper might have failed to yield the right of way.

Maryland State Police records show that there were 96 motorcycle deaths in Maryland in 2007. Police say that although only 2% of all registered motor vehicles in Maryland are motorcycles, these vehicles were involved in 16% of the state’s deadly traffic collisions. While Maryland motorcyclists are responsible for 50% of these auto accidents, the other 50% of traffic crashes are caused by other motorists.

2007 NHTSA US Motorcycle Crash Statistics:

• 5,154 motorcyclists died.
• 103,000 others were injured.
• 1,784 lives were saved because of helmet use.
• 2,332 two-vehicle crashes involved collisions between a motorcycle and another vehicle.

• 25% of all motorcycles involved in deadly accidents were in collisions with fixed objects.

Lex. Park Couple Killed in Motorcycle Crash, Southern Maryland Online, October 20, 2008
2 killed in crash with car, Southern Maryland Newspapers, October 15, 2008

Related Web Resource:

Motorcycle Traffic Safety Fact Sheet, NHTSA

NHTSA Reports That 22 Children, Age 14 and Under, Died in Maryland Traffic Fatalities in 2007

October 24, 2008 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, 1,670 of the 41,059 traffic fatalities that occurred in the United States in 2007 were child victims, age 14 and younger. 22 of those fatalities occurred in Maryland. 3 of the child traffic deaths occurred in Washington DC.

The National Center for Health Statistics says that auto crashes are the number one cause of death for children ages 8 to 14 and 3 to 6. Last year, 385 child vehicle occupants, age 4 and under, died in motor vehicle crashes.

More 2007 NHTSA Traffic Accident Statistics About Children, Age 14 and Under:

• 245 of the 1,670 child motor vehicle deaths involved at least one drunk driver.
• 130 of the 245 children that died in drunk driving accidents were riding with a drunk driver.
• Children, age 14 and under, made up 306 of the 4,654 pedestrian deaths last year.
• Drunk drivers killed 29 of these child pedestrians.
• 14,000 child pedestrians sustained injuries in traffic accidents.
• Young pedestrians were most likely to sustain fatal injuries between 4 and 8pm and noon and 4pm.
• 80% of pedestrian deaths involving this age group took place at non-intersections.
• 91 child pedalcyclists died last year.
• 10,000 child pedalcyclists were injured in motor vehicle crashes.

• Each day last year, 5 children in this age group were killed in traffic accidents, with 548 others injured.

Children are prone to catastrophic injuries anytime they are involved in a serious auto collision. While there are steps that parents can take to protect their young children from the impact of colliding with a motor vehicle—whether as an auto occupant, a pedestrian, or a pedalcyclist—accidents caused by negligent drivers or because an auto manufacturer designed a defective car or motor vehicle part do happen.

Children, 2007 Data Traffic Safety Facts, NHTSA

Related Web Resources:

Preventing Injuries to Children in Motor Vehicle Crashes, Safe Kids Worldwide
Kids and Cars.org

Baltimore Sun’s Review of 26 Deadly Medevac Crashes Indicates that Not All Victims Needed Air Transport

October 23, 2008 | Lebowitz & Mzhen

The Baltimore Sun recently looked through crash records and other key documents related to 26 deadly medevac crashes that have occurred In the US since 2003. The newspaper’s findings indicate that many of the cases involved victims that were being transported by air even though they weren’t “minutes-from-death.”

The Baltimore Sun chose to review the medical helicopter crash findings after last month’s medevac crash that killed four people in Prince George’s County, Maryland raised questions about whether medical helicopter travel was necessary to save two auto crash victim’s lives. The Maryland chopper used to transport the two victims lacked the terrain-awareness system that could have allowed the pilot to detect that he was flying too close to trees. One of the teen victims died in the aviation crash.

While there are many instances where air travel saves the lives of victims who are very sick or seriously injured in accidents, not all of the 26 medevac helicopters that crashed appeared to have been carrying victims whose lives could only be saved if they were transported by air.

Findings include:

• In eight cases, patients actually waited longer for a helicopter than they would have waited if an ambulance drove them to a hospital.
• In six cases, patients were discharged soon after the chopper left them at hospitals or they were transported in long ambulance rides after the helicopter dropped them off.
• 13 of the 26 medevac crashes happened while patients were being flown to hospitals.
• Many of the patients had to wait for hours for a helicopter to arrive and while it was readied for take off.

• One patient was transported by air just 10 miles to a hospital.

Since last month’s accident, the state of Maryland has defended its approximately 4,500 medevac flights a year, saying that they are needed to save lives. It also has implemented a change that will limit the number of flights that are not medically necessary. While patients with serious injuries will be flown by helicopter when air travel will help save their lives by reducing travel time, doctors will have to be consulted before patients with less severe injuries can be transported by medical helicopter.

Meantime, doctors are calling for a review of medevac flights from a medical perspective and whether new guidelines need to be put in place to make sure that a person’s injuries or illness warrants the urgency of air travel.

Unnecessary flight risks?, BaltimoreSun.com, October 23, 2008
Doctors question use of medevac helicopter, UPI.com, October 23, 2008

Related Web Resources:

Copter lacked equipment, BaltimoreSun.com, October 24, 2008
Medevac helicopters under scrutiny, USA Today, September 29, 2008

Former Patient Files $77 Million Maryland Personal Injury Lawsuit Against Sinai Hospital and Security Guard for Assault

October 21, 2008 | Lebowitz & Mzhen

In Maryland, a man who previously sought medical treatment at Sinai Hospital for depression is suing the hospital and security guard Timothy Hough for $77 million. The former patient, Gerrod Lewis, says that Hough assaulted him in the hospital emergency room on Labor Day.

Sinai Hospital acknowledges that an unfortunate altercation happened but maintains that Hough was “defending himself” against Louis, who they accuse of being “violent and out-of-control.” Hough continues to work at the hospital.

According to Lewis’s Maryland personal injury lawsuit, Hough started beating him on the head after he refused to remove his earring. Lewis maintains that the assault occurred in an exam room after an emergency technician left him alone with Hough. Lewis, who sustained head and eye injuries from the incident that occurred on September 1, alleges that Hough struck him about 20 times until he was on the ground in “puddles of blood.”

Maryland Judge Refuses to Dismiss Entire Sex Abuse Lawsuit Against Former Howard County Teacher

October 13, 2008 | Lebowitz & Mzhen

In Howard County Circuit Court, Judge Joseph Manck dismissed two out of five civil claims against former teacher Kirsten Kinley in the Maryland sexual abuse lawsuit against her. Kinley, a former teacher at Hammond Middle School, had asked that the entire lawsuit be dismissed.

Kinley pleaded guilty to a third-degree sex offense for having a sexual relationship with the plaintiff in 2004 when he was 15. She is serving her 18-month sentence in the Howard County Detention Center.

The student, now 18, who never studied directly under Kinley, sued the former teacher for sexual abuse in February. The plaintiff’s lawsuit alleges negligence, battery, and emotional distress.

Maryland Attorney Sues Baltimore For Burn Injuries Caused By Fall Accident into Construction Hole

October 10, 2008 | Lebowitz & Mzhen

In Maryland, a North Baltimore attorney that sustained serious personal injuries after falling into a construction hole is suing the city, a number of Trigen-Baltimore Energy Corp. entities, Ligon & Ligon Inc., and Johnson Controls Inc. Arianne Spaccarelli sustained serious burn injuries to nearly half her body in the fall accident that occurred in 2005.

In her Maryland personal injury lawsuit filed in Baltimore City Circuit Court, Spaccarelli and her husband Robert Galassi blame the party’s negligence for her fall into the steam pit. The accident occurred at the intersection of Saratoga Street and Guilford Avenue when the couple was walking back to her car after dinner.

Spaccarelli had been walking next to a fenced off construction area, when she fell into the pit. The lawsuit maintains that the construction hole existed beyond the fence. Her husband pulled her out of the hole, but not before she sustained second-and third-degree burns on more than 43% her of her body.

Mother Files $10 Million Maryland Wrongful Death Lawsuit Against Security Guard Company that Employed Her Daughter’s Boyfriend

October 8, 2008 | Lebowitz & Mzhen

The mother of Latasha Harris, a 31-year-old Baltimore City woman that was murdered in her apartment, is suing the security guard company for wrongful death. The lawsuit, filed in a Maryland court against US Protect Services, is seeking $10 million dollars and accuses the company of not doing enough to stop one of its employees—who happened to be Harris’s live-in boyfriend—from shooting her.

The deadly shooting took place in March in Southwest Baltimore when Harris’s boyfriend, Jerry Bennett, shot her before shooting himself. Bennett had a gun because he was a security guard employed by US Protect Services.

According to the Maryland wrongful death lawsuit, the security guard company should have taken the company-issued weapon away from Bennett after he became violent at work and attacked a coworker.

NTSB Says Maryland Helicopter Involved in Weekend Crash That Killed Four Victims Did Not Have Terrain-Awareness System Equipment

September 30, 2008 | Lebowitz & Mzhen

The National Transportation Board Says that the Maryland State Medical Rescue Helicopter that crashed into Prince George’s County Park on Saturday night was not carrying the terrain-awareness system that could have notified the pilot that he was hovering precariously close to trees. Four people died in the aviation accident, including a teenager who was being transported from a Southern Maryland car crash to a hospital.

The crash is considered the “deadliest medavac helicopter accident” in the state’s history and is the 8th crash of this kind in the US over the past 12 months. Victims from Saturday’s aviation accident included 17-year-old car crash victim Ashley J. Younger, onboard paramedic Tonya Mallard, Trooper Mickey C. Lippy, and retired state trooper Steven J. Bunker, who was piloting the helicopter.

Officials say that the injuries of the two car crash victims, including neck, chest, and side pains, warranted the use of the helicopter. The fact that the vehicle involved in the Charles County crash was crushed was another reason for the decision to transport the victims by air. One of the motor vehicle crash victims, 18-year-old Jordan Wells, survived the copter crash.

It took rescuers a little over two hours from the time the helicopter disappeared from the radar to find the crash site. When searchers were unable to track the chopper’s emergency locator transmitter, they used Verizon to track the cell phones of helicopter crewmembers. On Monday, Maryland medical examiners in Baltimore were examining the victims’ bodies to determine whether they were killed by the impact of the crash or if any of them could have been saved if rescuers had found them sooner.

According to NTSB findings regarding 55 EMS aviation crashes between January 2002 and January 2005, 29 of these accidents could have been prevented. One of the recurring safety issues identified was that safety technologies, such as terrain warning systems, are recommended but not required. Following this weekend’s crash, 12 rescue helicopters in Maryland were grounded. Only three of these aviation vehicles are equipped with terrain-warning systems.

Md. Copter Crash Scrutinized, Washington Post, September 30, 2008
Copter lacked equipment, Baltimore Sun, September 30, 2008
4 Killed in Medevac Copter Crash in Maryland, NYTimes.com, September 28, 2008
Board: Lives lost ‘needlessly’ in medical helicopter crashes, CNN.com, September 30, 2008

Related Web Resources:

Medivac Helicopters Under Scrutiny, USA Today, September 30, 2008
National Transportation Safety Board

US Coast Guard’s 2007 Recreational Boating Statistics Reports 10 Deaths in Maryland

September 25, 2008 | Lebowitz & Mzhen

In Maryland, 10 people died and 120 people were injured in boating accidents last year. These latest figures were released this year by the US Coast Guard and indicate a slight increase from the 8 Maryland boating fatalities that occurred in 2006.

Nationally, the US Coast Guard is reporting a total drop in boating deaths, with 688 fatalities in 2007 compared to 710 deaths since 2006. The report, however, also found that the number of accidents, injuries, and property that was damaged increased dramatically.

3,686 people were injured in boating accidents in 2007, compared to the 3,476 injuries in 2006. Total recreational boating accidents rose from 4,967 in 2006 to 5,233 in 2007. Property damage costs reached a record $53,288,858 last year, up from $43,670,424, which was already considered a record figure in 2006.

Leading causes of boating accidents included:

• Careless operation
• Reckless operation
• Operating a vessel at excessive speeds
• Drunk driving
• Passenger conduct
• Skier conduct

Vessels that were most commonly involved in boating accidents included:

• Motorboats
• Cabin motorboats
• Personal watercrafts
U.S. Coast Guard Reports A Decrease Of Deaths On the Water, May 15, 2008
Boating Accidents, US Coast Guard
Related Web Resource:
Maryland Natural Resources Police