Maryland Accident Law Blog

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

Seniors Injured in Fall Accidents Can Suffer from Traumatic Brain Injuries

July 16, 2008 | Lebowitz & Mzhen

The US Centers for Disease Control and Prevention is reporting that 56,000 seniors age 65 and older were hospitalized in 2005 because of traumatic brain injuries sustained in fall accidents. Nearly 8,000 people died as a result of these TBIs. The study results were published in this June’s issue of the Journal of Safety Research.

TBIs were a factor in the 50% of accidental fall deaths and 8% of non-fatal fall-related hospitalizations involving seniors. The older people are, the greater their chances of becoming involved in a fall accident. Poor balance, chronic health issues, loss of sensation in the feet, muscular issues, eyesight problems, vision loss, and medication side effect have been known to contribute to an elderly person getting hurt in a fall accident.

According to CDC National Center for Injury Prevention and Control Director Ileana Arias, while most people worry that older people will break a hip when they fall, traumatic brain injuries are also a serious worry. It doesn’t help that traumatic brain injuries among seniors can easily be misdiagnosed or missed.

Falls are the number one case of injury and death for seniors age 65 and older. 1 out of 3 elderly Americans will get hurt in a fall accident every year. 30% of fall accidents require the victim to seek medical care.

In 2005:
• Almost 16,000 seniors died from fall accidents.
• 1.8 million seniors were seen at hospital ER’s.

• 433,000 seniors involved in fall accidents were hospitalized.

Slip and Fall Accidents

Seniors can be especially prone to injury if the owner of a property or business is negligent and neglects to repair or clean up a hazardous condition that could result in a slip/trip and fall accident.

In Maryland and Washington DC, our slip and fall accident lawyers can determine whether the premise owner/manager could have done more to prevent your fall accident from happening.

Senior Falls Can Lead to Brain Injury, WashingtonPost.com, June 24, 2008
Prevent Brain Injury, CDC.gov

Related Web Resources:

US Centers for Disease Control and Prevention

Traumatic Brain Injuries, National Institute of Neurological Disorders

Six People Are Hurt in Anne Arundel County Car Collision

July 15, 2008 | Lebowitz & Mzhen

In Maryland’s Anne Arundel County, six people were injured on Monday morning in an accident involving a Ford pickup truck and a Honda Accord. Police say the driver of the Accord lost control of the motor vehicle and swerved into the opposite lane where it became involved in a head-on crash with the truck.

Edward Lawrence Paquette, the driver of the Honda, sustained life-threatening injuries. Rescue crews had to extricate him from the wreckage before he was transported to Anne Arundel Medical Center and later to Maryland Shock Trauma Center.

The truck’s front-seat passenger, Christine Oakes, also sustained life-threatening injuries. Gary Oakes and three children, also in the pickup, were taken to Johns Hopkins Hospital for their injuries. Police are investigating the cause of the crash.

According to the National Cooperative Highway Research Program, head-on collisions are happening more often and resulting in fatalities.

Data gathered from 2003 shows that there were 366 fatal cross-media collisions on US freeways that year. 2002 statistics report that there were 680 deaths related to these kinds of accidents.

There is no leading cause of head-on crashes. Driver fatigue, driver inattention, speeding, incorrect lane changes, and drunk driving have all been known to result in cross-over accidents.

Other Kinds of Vehicle-Related Crashes:

• Single car crash
• Rear-end collision
• Rollovers
• Multi-vehicle accidents
• Side collisions

In Maryland and Washington DC, our car crash lawyers have helped many motor vehicle crash victims obtain recovery for the injuries and losses they have suffered.

6 injured in accident on Ritchie Highway, BaltimoreSun.com, July 14, 2008

Freeways: Severe, head-on crashes and deaths are increasing

Related Web Resource:

National Cooperative Highway Research Program

Anne Arundel County Sued for Wrongful Death of Naked Man Shot by Cop

July 7, 2008 | Lebowitz & Mzhen

The family of Donald E. Coates Jr., a 20-year-old Glen Burnie man who was unarmed and naked when he was killed by rookie Anne Arundel Police Officer Timothy Pleasant, is suing Anne Arundel for $10 million.

In the Maryland wrongful death lawsuit filed in Circuit Court, Pleasant is accused of acting with malice and behaving unreasonably on the night of May 24, 2005. The suit contends that no other police officer would have shot Burnie, who was fleeing, from behind.

Coates was delusional and on drugs when the shooting happened. According to Anne Arundel County police union president Officer O’Brien Atkinson, Pleasant “did exactly what he was trained to do under the circumstances” and that his only option was to use “deadly force.”

On the night of his death, Coates contacted 911 from his home and said that someone was trying to kill him. He then reportedly locked himself in the bathroom after ordering everyone in the house to leave at gunpoint.

Coates then jumped out of the bathroom window and hid behind the utility box. Pleasant spotted Coates and asked him to come out. Coates ran at him and Pleasant fired his gun four times. Coates died as a result of the shooting.

Coates’s family has filed the wrongful death lawsuit on behalf of his two young children. The family claims they sustained mental trauma and pain and suffering because of the shooting death. They are demanding recovery for funeral costs, gross negligence, excessive force, and seizures.

Please contact our Maryland personal injury law firm if another party seriously injured you or someone you love because of their negligent or careless actions.

Police Brutality

Police brutality is the use of excessive and unreasonable force by law enforcement personnel, including county police officers, state police, and federal agents. Beating, shooting a suspect without justification, sexual abuse, verbal abuse, and other violent actions are unjustifiable and against the law.

Police killing of naked man leads to $10 million lawsuit, BaltimoreSun.com, June 29, 2008

Related Web Resource:

Police Brutality in the US, HRW.org

Family of Motorcyclist Struck by Ambulance in Maryland Sues Anne Arundel County for Wrongful Death

July 2, 2008 | Lebowitz & Mzhen

The parents of Gene Sergent, a motorcyclist who died after his motorcycle collided with an ambulance in Maryland City on September 14, 2007 has filed a $4.4 million wrongful death lawsuit.

John A. Turkette and Frieda L. Sergent say that witnesses saw the driver of the ambulance, Darrel E. Blount, run a red light when his emergency lights were off. They are accusing him of causing the accident.

Their allegations contradict the Anne Arundel County police’s report that it was Sergent that ran a red light on Route 198 in front of the Maryland City Plaza shopping center. An Assistant County lawyer has acknowledged that there are report discrepancies among the witness reports.

The investigation that determined Sergent was at fault closed in April. Those findings were primarily based on police findings. According to Anne Arundel County police, Firefighter Blount was exiting the shopping center in his ambulance when Sergent drove his sport bike into the motor vehicle.

Sergent’s mother, however, claims that police can’t be trusted to be unbiased, because the “police department and fire department” are family. She and Turkette are suing Blount and Anne Arundel County. The lawsuit was filed in US District Court in Baltimore. Frieda L. Sergent says she is determined to clear her son’s name.

Whether you are a Maryland resident or someone from outside the state who was seriously injured or lost a loved one in a Maryland motorcycle accident, our wrongful death lawyers would like to talk to you. Even if police reports indicate that you or your loved one caused the accident, there may be evidence that proves otherwise. If so, you could be entitled to receive personal injury or wrongful death recovery.

Lawsuit filed in fatal ambulance crash, Hometown Annapolis.com, June 26, 2008
Police recruit, two others die in weekend crashes, Examiner.com, September 17, 2007

Related Web Resource:

Anne Arundel County

Maryland Family Settles WMATA Wrongful Death Lawsuit Over Tragic Valentine’s Day Pedestrian-Bus Accident

June 30, 2008 | Lebowitz & Mzhen

Gregory Schoenburn and Kimberly Pifer, the widower and daughter of Martha Schoenburn, one of two pedestrians killed in a bus accident on Valentine’s Day in 2007, have settled their wrongful death lawsuit against the Washington Metropolitan Area Transit Authority for $2.3 million.

Martha, an executive assistant, died after she and colleague Sally Dean McGhee were run over by a bus while they crossed Pennsylvania Avenue NW at the 7th intersection on February 14, 2007. The bus driver, Victor Kolako, pleaded guilty to two counts of negligent homicide and is currently behind bars.

Martha’s family had initially sued the WMATA for $50 million. The wrongful death lawsuit filed by McGhee’s family for $20 million is scheduled for trial in October.

Several pedestrian accidents have occurred at the intersection where the two women were struck, and the city has now added a left-turn only lane.

Following the two fatalities, WMATA has agreed to train its 2,400 Metrobus drivers annually. It also set up a “street smart” program to make sure that its employees are knowledgeable about pedestrians on the road.

Public buses are common carriers that owe passengers and pedestrians a greater duty of care to drive safely. Failure to fulfill this care is considered negligence, and if someone is injured or killed because of driver carelessness or recklessness, you are entitled to financial recovery. Our Maryland and Washington DC bus accident lawyers can help you explore all your legal options.

We know how to investigate bus crash cases and determine not just driver negligence, but we can find out if there is more that a transportation agency or the city could have done to prevent the accident from happening. We know how to bring an injury claim against all liable parties and deal with the unique issues that can arise with bus accident claims and lawsuits.

WMATA Settles Wrongful Death Suit, Legaltimes, June 13, 2008

Related Web Resources:

Washington Metropolitan Transportation Authority

Approaches to Enhancing Pedestrian Safety and Access, FHWA Safety

NHTSA Examines 2.7 Million General Motors SUVs and Trucks for Potential Fire Hazard

June 27, 2008 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration is taking a closer look at 21 General Motors truck and SUV models that were made between 2006 and 2008 over concerns of a potential fire hazard.

Over 2.7 million GM vehicles are part of the probe to see if a fire might ignite inside the engine when the ignition is turned on. According to the Office of Defects Investigation (ODI), there have been 41 reports of non-crash engine compartment fires, with 8 of these incidents resulting in substantial property damage.

Investigators are looking at the engine, the electrical system, the battery cables, the circuit breakers, the fuses, wiring, and the engine cooling system as part of their probe.

Car Fires

Car fires can be deadly. In 2004, 520 people died as a result of a car fire in the United States, and there were 266,000 motor vehicle fires overall. While poor maintenance or involvement in a traffic collision can sometimes cause a car fire, fluid leaks, loose wiring, cracked insulation, or other defects can also lead to auto fires.

The burn injuries that can result when someone is hurt in a car fire can be excruciatingly painful, and a fire victim may need to undergo painful surgeries to recover.

If you were injured or your property was damaged in a car fire, our Maryland products liability lawyers can determine whether your injuries were caused by a defect in the car. A product can become defective if its design was defective or because of mistakes made during manufacturing. Your product also may have a defect as a result of negligent marketing.

Feds Investigating Engine Fires in GM Trucks, SUVs, US News and World Report, June 19, 2008
NHTSA Investigates 2.7 Million GM Trucks, SUVs, Consumer Affairs, June 17, 2008
New Warning to Be Issued About Deadly Car Fires, ABC News, October 12, 2005

Related Web Resource:

General Motors

NHTSA Wants to Delay Deadline for New Auto Roof Standards

June 25, 2008 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration needs more time to revise its auto roof standards. The deadline to toughen the current regulation setting standards, which are 35 years old, is July 1, but the NHTSA is allowed to ask the US Congress for an extension.

The NHTSA’s current proposal, introduced in 2005, requires new roofs to be able to endure a force equal to 2.5 times the weight of a vehicle, while allowing for enough head room protection for the average adult male. It also calls for testing both sides of a roof. The current standard calls for a roof to withstand 1.5 times it’s vehicles weight and the testing of only one side of the roof.

The auto strength regulations are designed to provide safety protection for people that are involved in rollover accidents, which account for 1/3rd of all motor vehicle fatalities. About10,000 people are killed in rollover accidents each year.

The NHTSA has said that increasing the weight standard to the proposed regulations should save 13-44 lives and prevent some 800 injuries annually. Opponents of the current proposal, however, say that the new proposed standard is not enough. Some critics also want the NHTSA to get rid of a provision in the new proposal that prevents injured plaintiffs from filing state injury lawsuits if the vehicle involved in the accident had met the new roof safety standards.

While motor vehicle rollover accidents can happen because of driver negligence, there are rollover crashes that do occur because of defects in the design or manufacture of a motor vehicle, including a poorly designed roof structure, an auto designed with a gravity center that is too high, and defective tires.

Our Maryland and Washington DC law firm has helped drivers and passengers injured in accidents obtain compensation from negligent auto manufacturers. We have the resources and experience to successfully take on your case.

New auto roof rules delayed, DetNews.com, June 23, 2008
`Roof Crush’ Rule for Rollovers Faces Deadline, Bloomberg.com, June 17, 2007
Related Web Resource:
Roof Crush Resistance Proposal, NHTSA

As Summer Travel Season Starts, NHTSA Warns 15-Passenger Van Users to Drive Carefully

June 20, 2008 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, the months of June through August are when the highest number of 15-passenger van injuries and deaths occur. 31% of all deadly 15-passenger van rollovers take place during this season, which is why the NHTSA wants drivers of these large vans to drive carefully and make sure that they follow the proper safety measures.

15 Passenger Vans

These large vans are designed to transport a large number of people and significant cargo. As a result, 15-passenger vans are a popular choice of transportation for large families, school kids, church groups, nursing homes, and others.

Over the last several years, however, there has been a noticeable trend of injuries and deaths occurring to passengers—in particular, students, being transported in these vehicles.

After analyzing 1,957 crashes the NHTSA found that the more passengers riding in these vans—even within the 15-passenger limit, the more likely these vans were to rollover and cause serious injury or death.

One reason for this is that 15-passenger vans are designed with a high center of gravity, which moves higher and towards the rear whenever the weight in the van gets heavier. This increases the chances of rollovers.

Other hazards that can cause injury or harm upon rollover include:

• Lack of laminated side windows to cushion a passenger
• No emergency exits
• Insufficient crash padding

Motor vehicle accidents that occur because of a defect in a vehicle can be grounds for personal injury or wrongful death claims if someone gets hurt or dies.

In Maryland and Washington DC, our auto products liability lawyers can discuss your case with you.

Rollover Crashes for 15-Passenger Vans More Likely during Summer, NHTSA.gov
15-Passenger Vans: High-Riding Death Traps, Safetyforum.com

Related Web Resource:

15-Passenger Van Safety Hazards