Maryland Accident Law Blog

Family of Baltimore Police Officer that Was Shot By Fellow Cop Will File Maryland Wrongful Death Case

May 20, 2008 | Lebowitz & Mzhen

The surviving family members of Baltimore Police Officer Norman Stamp say they will file a Maryland wrongful death lawsuit against the city of Baltimore. Stamp, 65, was killed after being shot by another Baltimore cop during a brawl outside the Haven Place strip club on April 24.

Stamp was off duty that night. According to the police report, he was seen wearing brass knuckles as he left the club. Baltimore Police Officer John Torres, who was trying to prevent customers from leaving the bar during the brawl, tried to stop Stamp from leaving.

Stamp reportedly ignored Torres’s request, so the on-duty officer Tasered him. Stamp then drew his gun and Torres shot him. Police Commissioner Frederick H. Bealefeld III has said that Torres did what he’d been taught to do when faced with this kind of situation.

Stamp’s family and friends are disputing the account. They say there is no way that he could have pulled his gun if he was wearing the knuckles.

If you believe that your loved one was died because of the careless, reckless, or negligent actions of another party in Maryland or Washington D.C., our Baltimore wrongful death lawyers would like to talk to you.

Although you have three years from the date of death to file your Maryland wrongful death claim, it is important that you hire a wrongful death lawyer immediately to begin gathering evidence and investigating your case. Our Maryland wrongful death attorneys have helped many family members recover compensation for their loved one’s wrongful death.

We will investigate all evidence related to the wrongful death and interview witnesses that can confirm what happened to your loved one. We will work with top wrongful death, injury, and crime experts that know how to determine when recklessness or criminal actions led to your loved one’s untimely demise.

Baltimore cop’s slaying of fellow officer prompts lawsuit, Examiner.com, May 15, 2008
Off-duty Baltimore officer killed by police during bar fight, AP, April 24, 2008

Related Web Resources:

Maryland Wrongful Death Intestacy Statutes (PDF)

Truck Carriers and Manufacturers Go to Washington DC to Push for Larger Trucks

May 16, 2008 | Lebowitz & Mzhen

About 30 truck carriers, manufacturers, and shippers are in Washington D.C. this week. They are trying to persuade the US Congress to adopt a “Demonstration Project” that would allow larger trucks to operate in certain U.S. states.

The coalition of truck companies believes that the US is at a competitive disadvantage because larger trucks are allowed in Mexico and Canada. They want to give certain ports in the US the option of handling larger truck containers. They claim that allowing larger trucks weighing as much as 100,000 pounds to operate on US roads would decrease the number of trucks because less vehicles would be able to haul more freight.

On Wednesday, truck crash victims, a number of US Congress members, and several truck safety groups, including the Parents Against Tired Truckers, the Truck Safety Coalition, Public Citizen, and Advocates for Highway and Auto Safety held a press conference to speak out against allowing larger trucks on any US roads.

Speaking at the conference, Public Citizen President Joan Claybrook pointed to evidence that the larger the trucks have become, the more dangerous they’ve become to motorists and pedestrians.

2006 Statistics:

• 5,000 people died in truck accidents
• 106,000 others were injured
• 98% of truck-related deaths involve occupants of other vehicles.
• Large trucks wreak far more damage to roads and bridges than regular vehicles

She also pointed out that every time the federal government has allowed larger trucks onto US roads, the number of trucks have not decreased.

If you or someone you love was seriously injured in a truck crash in Maryland or Washington D.C., contact our trucking accident law firm today.

Trucking-shipper group lobbies for larger trucks, Todaystruckingcompany.com, May 15, 2008
Larger Trucks Will Lead to More Deaths, Damage to Roads, Bridges; Risks, Costs Far Outweigh Claimed Productivity, Common Dreams, May 14, 2008

Related Web Resources:

New National Poll Shows Americans Dislike Larger, Heavier Trucks on U.S. Highways, Common Dreams, May 14, 2008

Maryland Family Files $207 Million Federal Lawsuit For Teen’s Wrongful Death at Reform School

May 15, 2008 | Lebowitz & Mzhen

In Baltimore, the family of Isaiah Simmons III, 17, has filed a $207 million wrongful death lawsuit against the Maryland Department of Juvenile Services, the Bowling Brook Preparatory School, and seven counselors at the now-closed private reform school.

Simmons died in January 2007 following a confrontation with counselors at the juvenile offenders’ school located in Carroll County, Maryland. Simmons’s family is accusing all the defendants of negligence leading to the 17-year-old’s “slow, agonizing, and excruciating death.” The East Baltimore teen had been sent to the reform school after he was found guilty in juvenile court for armed robbery.

The lawsuit alleges that on January 23, 2007, seven counselors threw Simmons to the floor and sat on him for “multiple” hours despite hearing him complain that he could not breathe and that he was in pain. The Carroll County Sheriff’s Office said that the counselors reportedly restrained him after he threatened to hurt staff personnel and other students at the school.

The lawsuit says that the school did not follow the accepted protocols and practices to restrain their son and that he suffocated to death. When the paramedics arrived, the boy was in cardiac arrest.

His family is asking for $207 million for every minute that Simmons was restrained. They are calling the method used to restrain him cruel and unusual.

Five counselors have been charged with reckless endangerment for waiting 41 minutes after the teenager became unresponsive to call a 911 operator for help. The FBI is still probing into whether more criminal charges and civil rights violations must be filed.

In Maryland and Washington D.C., our wrongful death lawyers can explore your legal options with you during a free consultation.

Family sues over teen’s death at reform school, Examiner.com, May 15, 2008

Related Web Resource:

Sun coverage: Teen dies at Bowling Brook, Baltimore Sun.com

Former Supreme Court Nominee Robert Bork Settles Slip and Fall Accident Lawsuit With Yale Club

May 13, 2008 | Lebowitz & Mzhen

Former Yale Law School Professor Robert Bork has agreed to a $1 million slip and fall lawsuit he had filed for injuries he suffered at the Yale Club of New York City in 2006. The details of the settlement are confidential.

Bork injured himself at the alumni social club when he fell while stepping onto a dais to make a speech. He filed the million-dollar lawsuit because he said that the club acted negligently when it failed to provide him stairs or a handrail that he could use while mounting the stage.

The 81-year-old one-time Supreme Court nominee says that he experienced excruciating pain from the large hematoma that formed on his leg as a result of the fall accident. Bork says he underwent months of medical care and surgery.

Yale Club’s lawyers had placed part of the blame with Bork because he had tried to climb onstage.

Bork was a law professor at Yale Law School from 1962 to 1982. His nomination to become a Supreme Court judge in 1987 fell through after Senate Democrats rejected his conservative judicial record.

Slip and Fall Accidents

If you are someone that has sustained serious injuries because you slipped or tripped and fell on someone else’s premise and the owner of the premise could have taken steps to prevent the accident from happening, you may be able to file a personal injury claim or lawsuit against the negligent party.

Slip and fall accidents can lead to painful and serious injuries, including broken bones, dislocated hips, back injuries, head injuries, spinal cord injuries, and traumatic brain injuries. Many injuries sustained in fall accidents can take weeks or months of recovery.

In Maryland and Washington D.C., our premises liability law firm has successfully dealt with many kinds of slip/trip and fall accident cases for our clients and we know how to properly investigate and pursue your case so you can obtain the financial recovery that you need to heal.

Yale Club settles ex-nominee Bork’s suit over 2006 stumble, Washington Post, May 9, 2008
Bork settles lawsuit in fall at Yale Club, Newsday.com, May 9, 2008

Related Web Resources:

Read the Lawsuit (PDF)

Yale Club of New York City

Maryland Settles Wrongful Death Lawsuit Filed By Family of Fatally Beaten Detainee

May 8, 2008 | Lebowitz & Mzhen

The Maryland Attorney General’s Office and the family of a Randallstown man that died after being beaten by correctional officers inside Baltimore’s Central Booking and Intake Center in 2005 have reached a $500,000 wrongful death settlement.

Smoot, the father of four children—three of them under 18 years of age—was arrested in May 2005 on a minor theft charge and his failure to appear in court. At Central Booking, the state-run correctional facility, he was beaten and stomped to death during a brawl involving at least 25 correctional guards. Smoot had reportedly refused to enter his detention cell.

Following his beating, photos showed bruises all over his face and a blood-soaked gauze in his mouth. A family member had reported that his skull was cracked.

Three officers were charged for his second degree murder—with one of the men convicted of the charge and sentenced 20 years in prison.

Smoot’s family agreed to drop its $130 million wrongful death lawsuit in exchange fro the settlement. Maryland’s Board of Public Works still has to confirm the agreement.

One of the reasons for accepting the settlement is that Maryland has a liability cap of $200,000—so even if the family had won its lawsuit in court, the state of Maryland may have been able to lower the award.

Police Brutality

Unfortunately, police brutality is a far more common occurrence than we’d like for it to be. If you have been the victim of violence by a police or a correctional officer—even if you have been arrested for a crime—you still have civil rights.

Our Baltimore personal injury lawyers represent clients that have been injured because of the negligent, reckless, or violent acts of other parties. Over the years, we have successfully represented clients in Maryland and Washington D.C.

State to pay in death of Central Booking detainee, Baltimore Sun, May 7, 2008
$500,000 settlement accepted in Central Booking beating death, Examiner.com, May 7, 2008
Prisoner dies after altercation with guards, Baltimore Sun, May 16, 2005

Related Web Resources:

End brutality behind bars, Baltimore Sun, April 24, 2008

Maryland Department of Public Safety and Correctional Services

Poor Hospital Standards Across The United States Endanger Lives

May 7, 2008 | Lebowitz & Mzhen

Congressional researches say that the federal government should be doing more to protect patients from contracting infections at hospitals. According to the Government Accountability Office, the federal government needs to establish proper standards for hospitals to reduce infections.

In Baltimore, Maryland, one man is suing Northwest and Sinai hospitals for wrongful death. Michael Bennett says that his 88-year-old father died because he was infected by six different bacteria while undergoing treatment for a respiratory virus in 2004. The infection reportedly contaminated his blood, heart, and lungs before destroying his leg and his kidneys. He died soon after. Maryland is one of over 20 US states that have measures requiring that hospitals in the state reveal their infection rates.

Consumers Union, an interest group, says that approximately 90,000 people die each year at US hospitals after contracting an infection, with 1.9 million others becoming sick from infection. The fatalities have cost the country about $5 million more in health care spending.

Many infections are contracted through ventilators, intravenous tubes, and catheters that can lead to staph infections, urinary tract infections, or other infections.

Federal officials, however, say that hospitals are cited for improper practices that lead to patient infections.

It is the responsibility of hospitals in the United States to ensure that patients receive a certain level of medical care. Part of that standard requires a certain degree of cleanliness and sanitation at the medical facility. Patients are not supposed to suffer because a hospital has not taken the proper steps to ensure that they’ve reduced the risks of infection.

In Maryland and Washington D.C., our medical malpractice attorneys represent injury victims and families that have suffered because of hospital negligence or carelessness.

Report calls for better hospital standards, Baltimore Sun, April 17, 2008

Hospital Infection

Related Web Resources:

Infection Control in Healthcare Settings, CDC.gov

US Government Accountability Office

Maryland Takes Part In Motorcycle Safety Awareness Month

May 5, 2008 | Lebowitz & Mzhen

Federal, state, and local agencies have designated the month of May as Motorcycle Safety Awareness Month to remind drivers and motorcyclists to “Share the Road” safely and keep motorcyclists safe.

In 2007, one out of every nine traffic accident fatalities was a motorcyclist. 4,810 motorcyclists died in 2006. While the number of car and truck accident deaths has declined, motorcyclist fatalities are on the rise.

Recent studies indicate that about 80% of motorcycle accidents result in injuries or death for the motorcyclists or their passengers—compared to 20% of other kinds of motor vehicle crashes.

In Maryland recent motorcycle accidents include:

In April, a motorcyclist (and his passenger) was critically injured after he crashed his bike to avoid colliding with a large farm sprayer.

In another accident last month, a motorist was seriously injured after almost crashing into a Dodge pick-up truck.

Beginning June 1, 2008, a new Maryland law goes into effect that will allow motorcyclists to place light emitting diode (LED) pods and strips so that other drivers can see them. The accent lighting will hopefully reduce the number of motorcycle injuries and deaths at night on Maryland roads.

Maryland Senate Bill 713 also lets motorcyclists use blue dot illumination on the backs of motorcycles.

According to ABATE of Maryland, Inc, the largest association of motorcycle riders, the majority of motorcycle accidents happen because the driver of the vehicle didn’t see the motorcyclist or was at fault in some other way.

If you or someone you love was seriously hurt in Washington D.C. or Maryland because of another party’s carelessness or negligence, contact our motorcycle accident law firm for your free consultation.

May is Motorcycle Awareness Month, Baynet.com, April 14, 2008
New Maryland Law Allows LED on Motorcycles, Clutch and Chrome, April 8, 2008

Related Web Resources:

Maryland Senate Bill 713

ABATE of Maryland

Hospital Settles Medication Error Medical Malpractice Lawsuit For $5.1 Million

April 30, 2008 | Lebowitz & Mzhen

In California, San Francisco General Hospital has agreed to pay $5.1 million to settle a medical malpractice lawsuit filed by a patient who was seriously injured after hospital staff gave him the wrong medication. San Francisco supervisors approved the settlement amount on Tuesday.

According to court documents, John Weatherspoon III, then 40, sought treatment at the hospital for a cough and a fever in 2005. Hospital staff diagnosed him with renal failure and gave him sedatives. Due to the alleged failure of the staff to monitor the doses he received, he suffered cardiorespiratory failure and sustained an anoxic brain injury.

The lawsuit accused the hospital of breach of medical professional. The city has admitted to mishandling Weatherspoon’s case.

Weatherspoon now requires full-time medical attention. The settlement will pay for his medical care for life. He also recently settled a medical malpractice lawsuit with University of California for $250,000. UCSF doctors are among the personnel that work at San Francisco General Hospital.

Wrong Diagnosis

Unfortunately, the wrong diagnosis of a patient’s condition is not an uncommon occurrence. Misdiagnosing a patient’s symptoms can prove fatal—especially when someone is given the wrong medication because the diagnosis was incorrect. Wrong diagnosis, delayed diagnosis, and failure to diagnosis can be catastrophic.

In Maryland and Washington D.C., our personal injury lawyers handle serious medical malpractice cases and traumatic brain injury cases. Do not hesitate to contact our Maryland law firm for your free consultation with an experienced medical malpractice attorney or one of our traumatic brain injury lawyers.

$5 million OKd to settle S.F. malpractice case, SFGate.com, April 30, 2008
City Hall Watch: Board backs big settlement in lawsuit, Examiner.com, April 30, 2008

Related Web Resources:

San Francisco General Hospital

Brain Anoxia or Hypoxia, Healthlink.mcw.edu

Maryland Welder Awarded $3 Million for Crushed Leg Injury

April 29, 2008 | Lebowitz & Mzhen

A jury in Baltimore County is ordering Keibler-Thompson Co. to pay a Maryland welder over $3 million for a crushed leg injury he sustained at work in 1999. James Morris, 58, was seriously injured on his first day working as a welder at the Beth Steel Sparrows Point plant. Morris had been hired by a general contractor to reline a blast furnace.

A Bethlehem Steel dump truck, involved in Keibler’s cleaning project, rolled down an incline, crushing Morris’s leg. The welder was hospitalized for 1 month. He has not been able to perform his job since then.

Morris’s personal injury lawyer described how the truck’s wheels did not have chocks to keep it from rolling back. While the Keibler-Thompson Co.’s attorney argued that the defendant was only liable for the routine cleaning project and that the contractor that hired both the cleaning company and Morris should be held liable for the catastrophic accident, the jury disagreed.

The Baltimore County jury awarded Morris over $2.2 million in economic damages and $952,000 in non-economic damages, which Maryland will cap at $560,000.

Bethlehem Steel was also a defendant in the personal injury lawsuit until it filed for bankruptcy.

Work-related accidents often result in catastrophic injuries, and many injured workers are unable to ever return to their jobs.

Although Maryland’s worker’s compensation law prevents injured workers and their families from suing an employer, there may be a third party that is also responsible for your injury accident.

Our Maryland and Washington D.C. catastrophic injury attorneys have helped many injured workers obtain recovery from liable third parties. Often, workers’ compensation will not be enough to cover all medical costs and economic losses. Filing a third-party lawsuit can help you recover additional compensation.

Welder whose leg was crushed at Beth Steel plant wins $3M, The Daily Record, April 29, 2008

Related Web Resources:

Maryland Workers’ Compensation Commission

Keibler-Thompson Co.

Silver Springs Janitor May Appeal Ruling Dismissing Her Personal Injury Lawsuit Against Smithsonian Executive

April 27, 2008 | Lebowitz & Mzhen

In federal court, a judge has dismissed the personal injury lawsuit against Smithsonian Business Ventures Vice President Jeanny Kim. The plaintiff in the lawsuit, custodian and Silver Springs resident Mary T. Majano, had accused Kim of assault.

The alleged injury incident occurred in Downtown Washington D.C. at the Victor Building in June 2003. Kim did not have her security card with her and reportedly followed Majano through an unmonitored locked door. Kim tried to stop Majano because she did not have her security clearance with her.

U.S. District Judge Rosemary M. Collyer says that under the Federal Tort Claims Act, the Smithsonian executive has immunity from personal injury lawsuits because she was a federal worker and the altercation took place during the course of doing her job. Majano may appeal the ruling.

According to Kim, she hurriedly brushed passed the janitor and their shoulders collided. Kim has said “I did not accost, assault, or otherwise touch this woman at any time during the course of our interaction.”

Judge Collyer, however, found that Kim had opened the door so forcefully that Majano’s body struck the wall. The judge also accused Kim of pulling several times on Majano’s lanyard and leaving red marks on her neck before walking away.

Smithsonian guards reportedly tried to question Kim about the incident but she told them “I don’t have time for this mess.” A Smithsonian investigator called Kim’s behavior “unnecessarily aggressive.”

Majano says that the attack left her with a herniated disk. Her doctors says that she had surgery, is now disabled, and takes prescription pain drugs. They also say she won’t be able to return to work as a janitor.

Kim has never faced disciplinary action for the incident. Majano’s personal injury lawyer is accusing Kim of violating workplace policies.

Please contact our Washington D.C. personal injury law firm if you or someone you love was seriously hurt because of another party’s carelessness, recklessness, or negligence in Maryland or Washington D.C.

Suit Against Smithsonian Executive Dismissed, Washington Post, April 25, 2008
Janitor Testifies Smithsonian Executive Assaulted Her, Washington Post, January 17, 2008

Related Web Resource:

Read the Court Ruling (PDF)