Maryland Accident Law Blog

Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit

August 15, 2008 | Lebowitz & Mzhen

In Maryland, the family of Cassandra Blake, is suing Cedar Towers Apartment, American Pool Enterprises, Inc., American Pool Management Inc., Doug Kusher Co., and Westminster Management for $100 million for her wrongful death.

The 23-year-old Baltimore County woman died in 2005 after drowning in the Cedar Towers Apartment complex swimming pool. The lawsuit contends that the lifeguards that were on duty at the time of the accident were unqualified and had only one week’s worth of training.

Blake was visiting a friend at the Cedar Towers complex, and she had gone to the pool with her son, her sister, and other kids. A lifeguard and security guard reportedly told her it was okay to use the pool. At some point, Blake, who could not swim, either fell or was pushed into the deep end of the pool where she drowned.

Two-Vehicle Crash in Montgomery County Claims Two Lives and Leaves Two Injury Victims

August 8, 2008 | Lebowitz & Mzhen

On Sunday, two people died and two others sustained serious injuries in a two-vehicle collision in Montgomery County, Maryland at Lori and East Randolph Drives. Residents in the area say this fatal crash is a dangerous corner especially when motorists are driving too fast or speeding.

The deadly crash this weekend happened when a Honda Accord crossed a concrete median and crashed into a Toyota Camry. The driver of the Accord, Jose Reyes-Argueta, and one of his passengers, 19-year-old Kimberly Diaz, were declared dead at the accident scene. The other passenger was taken to a hospital with serious injuries. The driver of the Camry, Silver Springs resident Jabari Demessa, also sustained serious injuries.

Neighbors in the area want the government to do more to prevent such deadly accidents from happening. In 2003, the Maryland government spent about $500,000 to install median strips. Local residents want more median strips installed and they also want the speed limited reduced from 40 mph to 35 mph.

At least six people have died on the stretch of rode where Sunday’s accident occurred. Police are investigating the cause of the crash.

Speed Limits

Regardless of what the speed limit is for a road, motorists are expected to pay attention to the weather and road conditions and adjust their speed in order to drive safely. The proper speed limits are also supposed to be set for each road. While there are basic speed limits designated for Maryland’s streets and highways, the limits can be adjusted, however, depending on the actual road design and other conditions, such as whether there is a school nearby or motor vehicle crashes continue to occur.

In Maryland and Washington DC, our car crash law firm will send a team to the accident scene to determine the cause of the crash.

Two Killed in Montgomery County Crash, News8, August 4, 2008

Related Web Resources:

Speed Limits, Maryland Department of Transportation State Highway Administration
Insurance Institute for Highway Safety

Archdiocese of Baltimore Close to Reaching Child Sex Abuse Settlement with Maryland Family

August 7, 2008 | Lebowitz & Mzhen

In Maryland, the Archdiocese of Baltimore and a former Catholic priest are reportedly close to reaching a settlement agreement with the family of a man that the priest is accused of sexually abusing 17 years ago.

Jerome Cliffe died in February 2005 when he was 22-years-old of a drug overdose. His parents, Harry and Cathy Cliffe, filed a $2 million wrongful death lawsuit against the archdiocese and former priest Steven P. Girard last year.

The Cliffe family’s lawsuit claiming that Girard’s actions toward Jerome when he was an 8-year-old caused their son to experience post-traumatic stress syndrome and subsequently abuse drugs. The sex abuse allegedly started while Girard was a pastor at St. Clement Church and supervised the Catholic school in Lansdowne where Jerome was a third grader.

Motorist that Crashed into Crowd at Illegal Street Race in Maryland Charged with Vehicular Manslaughter

August 6, 2008 | Lebowitz & Mzhen

In Maryland, a grand jury has indicted Tavon Taylor and Darren James Bullock on eight counts of vehicular manslaughter, as well as charges of engaging in a speed contest and reckless driving. Eight people died in the deadly motor vehicle accident last February in Prince George’s County, while eight others sustained injuries.

The two men are accused of illegally racing each other on Indian Head Highway before they ran into the crowd that was watching another illegal race. The victims were among the many spectators.

While Maryland authorities have accused Bullock of driving his car into the crowd, they have refused to say whether Taylor struck anyone with his car. A surveillance camera shows Bullock and Taylor speeding with their headlights off at speeds as high as 110mph. At Taylor’s bond hearing this week, the prosecution accused Taylor of “repeatedly deceiving” authorities about what happened. The defense attorneys for both men say that their clients never meant to hurt anyone.

If you or someone you love was seriously injured in a motor vehicle crash because a motorist or someone else was negligent or reckless, an experienced Maryland car crash lawyer can investigate the crash scene to determine whether you are entitled to financial compensation for injuries, pain and suffering, and other losses incurred.

Speeding Facts

• According to the National Highway Traffic Safety Administration, 13,192 people died in speeding-related accidents in 2004.

• The Insurance Institute for Highway Safety reports that after a number of states increased their speed limits in 1996, the number of motor vehicle deaths on Interstate highways increased by about 15%.

Driver Who Hit Crowd, Killing 8, Is Charged, WashingtonPost.com, July 30, 2008
Related Web Resources:
Speeding, Saferoads.org

National Highway Traffic Safety Administration

Maryland Woman Reaches Medical Malpractice Settlement with Baltimore Hospital and Doctor

July 31, 2008 | Lebowitz & Mzhen

In Baltimore County Circuit Court, Donna Jankowski reached a confidential medical malpractice settlement with Franklin Square Hospital Center and Dr. Diaa Mikhail. The settlement was reached on July 18 on the 5th day of their medical malpractice lawsuit trial.

Jankowiak had sued the Baltimore hospital and Mikhail for medical malpractice, alleging that they failed to diagnose her heart condition. The Dundalk woman went to Mikhail in November 24 because she was experiencing pain going from her arm to her chest.

In her medical malpractice lawsuit, filed last year, Jankowiak says that Mikhail conducted an EKG and said the results normal. Jankowiak then sought help at the Franklin Square emergency room where she had another electrocardiogram. These EKG results also were reportedly normal, according to the hospital.

Three People Injured in Baltimore County When Elevator Falls

July 30, 2008 | Lebowitz & Mzhen

Three people sustained injuries in Towson when an elevator in the Baltimore Circuit Court building fell almost two feet between the first and ground floors.

Firefighters were able to manually open the door to rescue its passengers. One of the passengers, a man, was transported to Sinai Hospital as a precautionary measure. Two boys sustained minor injuries. All three injury victims involved in the elevator accident were at the courthouse to attend a wedding.

The Maryland Labor and Industry Commission says the state last inspected the elevator in January 2007 and only minor problems were found. The company in charge of maintaining the elevator, Otis Elevator, last inspected the elevator in July 2007.

Elevator Accidents

The Bureau of Labor Statistics says that there were 68 fatalities involving elevator accidents between 1992 and 2003. The Consumer Product Safety Commission reported 9,800 elevator injuries in 1994 involving victims be sent to hospitals.

Common Elevator Accidents:

• Sudden acceleration or deceleration of speed
• Sudden stops
• Stopping in between floors
• Failing to stop so that the bottom of the elevator- is level with the floor
• Falling elevator
• Getting struck by or caught between the elevator doors
• Trip accidents
• Fall accidents

Examples of Elevator Injuries:

• Cuts and scrapes
• Nerve lacerations
• Fractured bones
• Death

Property owners with elevators on their premises are obligated to make sure that the elevator is working properly and is up-to-date on all maintenance checks and repairs. Failure to fulfill these obligations can be grounds for a premises liability claim or lawsuit if a passenger is injured or killed.

Elevator Malfunction Injures Three, ABC2news.com, July 30, 2008
Three Hurt in Court Elevator Accident, Delmarvanow.com, July 30, 2008

Related Web Resource:

Deaths and Injuries involving Elevator Accidents, CPWR.com (PDF)

Bed and Toy Chest Sets Recalled May Pose an Entrapment Hazard to Kids

July 29, 2008 | Lebowitz & Mzhen

Importer Bayside Furnishings and the Consumer Product Safety Commission has announced the recall of approximately 9,350 Pirates of the Caribbean Twin Trundle Beds and LaJolla Boat Beds because of concerns that the toy chests pose an entrapment or strangulation hazard to kids.

There is concern that the toy chest lid supports do not stop the chest lid from shutting too fast. The CPSC says that they have received reports of one incident in which a boy, 22-months, was strangled to death after the toy chest lid fell on the back of his head and his neck became trapped.

This is not the first time toy chests have been recalled over entrapment/suffocation worries. One child suffocated while in a toy chest three years ago. In separate incidents in 2001, another child fell while another child suffocated. Both children died from their injuries.

At least 10 other toy chest recalls have taken place over the last 10 years. The Consumer Product Safety Commission says that since 1975, there have been at least 45 reported deaths. At least three children that were injured injured in toy chest-related accidents suffered brain damage. The majority of injury victims are younger than 2 years of age.

Common toy chest-related accidents:

• The chest falls on a child’s hands or neck.

• Suffocation, from children climbing into or get trapped in the toy chest.

Manufacturers of toys and other children’s products are supposed to design and make products that are safe for use. If your son or daughter was injured because of a product defect, you may be able to file a products liability claim or lawsuit to obtain compensation for his or her personal injuries.

Toy Boxes and Toy Chests, CPSC.gov
Bayside Furnishings Recalls Youth Bed Toy Chests Sold at Costco After the Death of a 22-Month-Old Child, CPSC.gov, July 3, 2008
Toy Chests are Not Toys, Washington Post, July 4, 2008

Related Web Resources:

NNCS Toy Safety

Kids in Danger

Maryland Patients Sue Salisbury Cardiologist For Medical Malpractice

July 25, 2008 | Lebowitz & Mzhen

In Maryland, Salisbury Cardiologist Dr. John McLean is being sued for medical malpractice. The 2-count lawsuit, filed by patients and their families, accuses McLean of performing stent placement and cardiac catheterization without proper cause. Also named as defendants in the lawsuit are Peninsula Regional Medical Center, Peninsula Regional Health System Inc., and McLean’s practice, John R. McLean, MD & Associates.

The 24 plaintiffs include 13 patients throughout the Delmarva Peninsula, as well as the spouses or representatives of decedents’ estates. They are alleging negligence and seeking damages above the $30,000 jurisdictional limit for each count plus all legal costs. The personal injury attorneys for the plaintiffs say that McLean “dramatically overstated findings” from tests and persuaded his patients to undergo surgeries they did not require. They also say that there were less expensive procedures that could have been used. The lawsuit also accuses the technicians and nurses that assisted McLean during the surgeries of knowing about the malpractice but failing to report or stop the wrongdoing.

Last year, Peninsula Regional Medical Center, where McLean conducted the procedures, accused McLean of performing 25 unnecessary heart stent procedures. Some claimaints even underwent the procedure more than once.

Ed McMahon Sues Hospital, Doctors, and Investment Tycoon for Personal Injury

July 22, 2008 | Lebowitz & Mzhen

Television host Ed McMahon is suing Cedars-Sinai Medical Center, two doctors, and an investment tycoon for personal injury. He says that the neck injury he suffered from a fall accident makes it impossible for him to work and is the cause of his financial problems.

McMahon says he fell down a ramp-like staircase during a dinner party at the home of Robert Day, an investment tycoon, and that the stairwell was “unsafe” because it didn’t have handrails or proper lighting. Day is one of the defendants in the lawsuit.

McMahon is also suing Cedar-Sinai Medical Center and two of its doctors for discharging him with a broken neck following the fall accident and failing to properly perform two surgeries. McMahon says that it was his cardiologist who later diagnosed the neck injury.

The 85-year-old former TV host says that he cannot work because of his injuries and is now $644,000 behind on mortgage payments. He has already undergone three surgeries to repair his neck injury.

A spokesperson for McMahon says the personal lawsuit comes following failed negotiations with the defendants. McMahon is seeking compensation for battery, negligence, elder abuse, and emotional distress.

Medical Malpractice

Doctors and hospitals are supposed to provide patients with a certain level of care. When failure to provide that care leads to injury or the exacerbation of an existing injury or illness, the health care provider can be held liable for medical malpractice.

Premises Liability

Slip/trip, and fall accidents can occur when there is an unsafe condition on a property that leads to injury accidents. Property owners must make sure that there are no hazards on a premise that can cause someone to slip and fall or trip and fall. Slip/trip and fall accidents can lead to painful injuries.

In Maryland and Washington DC, contact our personal injury lawyers to discuss your case.

Ed McMahon Files Lawsuit Over Neck Injury, CNN.com, July 19, 2008

Related Web Resources:

Cedars-Sinai Medical Center

Ed McMahon Explains his Mortgage Mess, CNN.com, June 6, 2008

Glen Burnie Man Charged with Negligent Vehicle Operation After One Passenger is Seriously Injured When Boat Capsizes

July 17, 2008 | Lebowitz & Mzhen

The Maryland Natural Resources Police have charged Milton Owings, a Glen Burnie resident, with the negligent operation of a vessel after the boat he was operating capsized.

Two of his passengers fell into the water. One victim, a 17-year-old boy, had to be flown to University of Maryland Shock Trauma Center in Baltimore where he received treatment for a foot injury.

The boating accident occurred on Saturday in the Atlantic Ocean south of the Inlet. According to the NRP, Owings should have exercised greater caution due to the rough ocean conditions.

Boat operators and owners are required to exercise certain duties of care when operating a vessel. If a boat owner or operator acts negligently or recklessly and someone is injured, the responsible party can be sued for personal injury or wrongful death.

2004 boating accident statistics from the US Coast Guard:

• 4,904 recreational boating accidents in the US
• 3,363 injuries
• 676 deaths
• $35 million plus in property damage

Causes of these boating accidents included:

• Operator inexperience
• Operator inattention
• Speeding
• Reckless driving

Capsizing and falls overboard are the leading cause of boating-related deaths.

In Maryland, our boating accident lawyers are familiar with the state, county, and city laws that govern boating accidents, and we can help you determine whether you have grounds to file a personal injury or wrongful death claim. If you have been injured in a boating accident, do NOT speak with representatives for any other parties that were involved in the collision until you contact an experienced Maryland boat crash law firm first.

Md. police charge boater in ocean mishap, Delaware Online.com, July 16, 2008
Related Web Resources:

Maryland Department of Natural Resources

US Coast Guard