Maryland Accident Law Blog

Wal-Mart Drops Lawsuit Against Traumatic Brain Injury Victim for Damages from Truck Accident Case

April 25, 2008 | Lebowitz & Mzhen

Wal-Mart Stores Inc. has dropped its lawsuit to collect more than $400,000 in health-care reimbursement from an ex-employee. Deborah Shank has a traumatic brain injury and now lives in a nursing home in Missouri.

Shank, 52, sustained her catastrophic injury when her minivan was struck in a truck accident. She and her husband Jim were awarded $1 million in personal injury damages. After paying for legal expenses, $417,000 was placed in a trust to cover Shank’s long-term care.

Shank no longer has most of her short-term memory and is confined to a wheelchair. She keeps forgetting that her 18-year-old son Jeremy died in Iraq and cries like it is the first time she has found out every time someone tells her he is dead after she asks about him.

Shank was a Wal-Mart employee that signed up for the company’s health and benefits plan when the tragic truck crash happened. Wal-Mart’s insurance coverage had covered approximately $470,000 of her medical costs.

The retail giant sued Shank to recover the same amount after she won her lawsuit, but a court decided it could only recover what remained in her trust. Apparently, the company’s health plan allows Wal-Mart to recover medical costs if a worker obtains damages from a personal injury case. Over $200,000 is left in her trust.

The Shanks lost the lawsuit, appealed the decision, and lost again. Earlier this year, the U.S. Supreme Court refused to hear their appeal.

Shank’s family had been hoping that Wal-Mart wouldn’t try to recover the money, which they need to cover her care costs. Shank has permanent brain damage and is unable to have relationships with her husband and her children.

In 2007, Jim, who has prostate cancer, divorced her so she could receive Medicaid.

In Maryland and Washington D.C., our catastrophic injury attorneys represent clients that have been seriously injured in accidents caused by the negligence of others.

Wal-Mart Rethinks Its Move on Deborah Shank, US News & World Report, April 3, 2008
Brain-damaged woman at center of Wal-Mart suit, CNN.com, March 25, 2008

Related Web Resources:

Wal-Mart

Baltimore Teenagers Implicated in Bus Beating Case Plan to Sue Maryland Transit System For Damages

April 24, 2008 | Lebowitz & Mzhen

The lawyers for two Baltimore students that were implicated in the beating of a passenger on a transit bus say their clients are going to sue the Maryland Transit Authority, the Baltimore school system, and the bus driver. Each boy is seeking at least $10 million in personal injury damages.

There has been no finding of guilt for the two boys. The charges against the two boys are expected to be dismissed following an agreement that they each perform 15 hours of community service. Their lawyers say they that were banned from their schools and had their bus privileges revoked without receiving due process or a hearing.

Both 15-year-old boys are not allowed to board any MTA buses. One boy is seeing a tutor, paid for by the city of Baltimore, because he cannot go to school. The other teen is now attending a different school but he cannot ride his school bus, which is an MTA bus.

Nine Robert Pool Middle School students in total had been charged with attacking Sarah Kreager and Troy Ennis after an argument about an empty bus seat.

Four of the students were found “involved” in Kreager’s assault. Another student was ruled involved in reckless conduct leading to Kreager’s serious injury. The term “involved,” in these instances, is the juvenile equivalent of being found guilty. All five of the students also were found involved in reckless conduct that seriously injured Kreager’s boyfriend Ennis.

The boys’ attorneys say that the personal injury lawsuit will cite the city’s negligence, as well as the negligence of its schools and the MTA to offer passengers safe travel. The MTA bus where the assault took place had picked up riders that weren’t students.

A 2006 General Assembly legislative audit expressed concerns that MTA bus drivers were not the most qualified.

If you believe that you suffered physical, emotional, or financial injuries or damages because of another party’s negligence in Maryland or Washington D.C., do not hesitate to contact our personal injury law firm today.

Attorneys say 2 students in bus attack case plan lawsuit, Baltimoresun.com, April 23, 2008
Baltimore Bus Beating Being Probed as Hate Crime, December 8, 2007

Related Web Resources:

Woman beaten on bus pleads guilty in drug case, Examiner.com, April 8, 2008
Free the MTA 9 – African Teens Wrongly Convicted in Baltimore, Indybayorg.com, April 18, 2008

Howard County Residents Says Stretch of US 1 in Jessup Where Four People Died in Car-Truck Collision is Scene of Many Maryland Auto Accidents

April 23, 2008 | Lebowitz & Mzhen

A deadly Maryland car accident during yesterday’s rush hour on US 1 in Jessup involving a truck and a Nissan Altima has left four people dead and a 4-year-old girl and two adults injured. The fatalities are an infant girl, two women, and the driver of the car.

The 4-year-old was reportedly in critical condition when she was transported by air to Johns Hopkins Children’s Center in Baltimore. The truck driver and his passenger, both employees of a liquor company, sustained minor injuries and were transported to Howard County General Hospital for medical attention.

According to witnesses, the Altima crossed over the double yellow-line in the middle and ran head-on into the truck. Howard County Police say they do not expect to file criminal charges against the truck driver.

Residents in the area say that this stretch of US 1 is a common site for car accidents. One Brentwood Manor resident says that at least seven motor vehicle crashes have occurred in less than two years. Others in the area say that crashes and rear end accidents occur monthly.

Other residents cited heavy traffic and the 50 mph speed limit as reasons for why the strip of freeway is a common scene for auto collisions. Other residents say that installing a traffic light could decrease the number of motor vehicle accidents at the intersection.

The State Highway Administration says that it has not received any requests to examine the stretch of road.

If someone you love has died in Maryland or Washington D.C. in an auto accident that you believe was caused by a negligent driver or because the proper traffic signs and signals or other safety measures were not put in place, one of our Maryland auto accident lawyers can explore the merits of your case. You may be entitled to personal injury compensation.

Examples of hazards on a road that can be remedied:

• Fixed objects on a road, such as trees and open culverts
• Potholes
• Roads that need resurfacing
• Confusing traffic signs
• Improperly designated construction zones
Jessup crash on U.S. 1 kills 4, Baltimore Sun, April 23, 2008
Howard Co. Police Investigate Fatal Jessup Crash, WJZ.com, April 23, 2008

Related Web Resource:

Howard County, Maryland

Father Sues Washington D.C. After His Daughter’s Decomposing Body is Found in Her Mother’s Home

April 15, 2008 | Lebowitz & Mzhen

Norman C. Penn, Jr., the father of 16-year-old Brittany Jacks, is suing the District for $25 million following her death. Brittany decomposing body was discovered last January, along with the bodies of her three sisters, ages 5, 6, and 11, in her mother Banita Jacks’ southeast Washington rowhouse.

Penn is alleging that the city’s agencies failed to properly handle the complaints that his daughter’s life was in danger and that because of this negligence, his daughter endured physical, mental, and emotional injuries before her death.

He accused the District of failing “to properly train, supervise, control, direct, and monitor its employees in their duties and responsibilities” and wants to know why the D.C. government did not do more to make sure that the girls were living in a safe environment. Penn filed his wrongful death lawsuit in District of Columbia Superior Court.

Banita is being held without bond on murder charges after she was accused of killing her four girls. U.S. Marshalls discovered the decomposing bodies when they went to Banita’s house on January 9 to serve her an eviction notice.

According to investigators, the bodies were so badly decomposed that they have been unable to determine their cause of death or when the deaths happened—although they believe that the girls died months before their bodies were discovered.No one has reported seeing the girls alive since spring or summer last year.

Jacks, 33, told police that her children were possessed by demons and they passed away in their sleep.

D.C. Mayor fired six Child and Family Services Agency workers soon after, accusing them of not doing enough to investigate complaints regarding the quality of care that Jacks was giving her daughters.

In Maryland and Washington D.C., our personal injury and wrongful death lawyers have helped many injured parties recover their losses.

Father of Girl Found Dead in D.C. Home Sues District, Washington Post, April 9, 2008
Forensic Expert to Aid In Review of Evidence In Children’s Deaths, Washington Post, April 5, 2008

Related Web Resource:

D.C. Woman: “Demons” Possessed Slain Girls, CBS News, January 11, 2008

Virginia Tech Shooting Victims’ Families Agree to $11 Million Settlement

April 14, 2008 | Lebowitz & Mzhen

Nearly one year after the tragic shootings at Virginia Tech that left 32 people dead and two dozen others injured, the families of most of the victims have agreed to settle with the state for $11 million.

By agreeing to the settlement, they forego the option of filing personal injury and wrongful death lawsuits against the university, the state of Virginia, the local governments that serve Virginia Tech, and the local community board that provides mental health services.

The settlement will provide compensation to families that lost loved ones and cover injured survivors’ medical expenses. Attorneys for 21 families that have agreed to settle say the value of the settlement is greater than $11 million. They say that the settlement would forever take care of the medical costs of the victims that suffered catastrophic injuries, while also well compensating the families that lost loved ones in the shootings.

The families that have not agreed to take part in the settlement have until April 16 to file their lawsuits, which could result in a court disagreement over whether or not the shooter was solely responsible for the slayings.

The Virginia Tech massacre took place on April 16, 2007, when Seung-Hui Cho, a student with mental issues, killed two people in a campus dorm before shooting down 30 others in a school building two hours later. He then committed suicide.

The University has been criticized for not letting students, teachers, and others know about the first shootings. Police say they thought the dorm slayings were an isolated incident involving domestic violence. In 2005, a court had ruled that Seung-Hui Cho was a danger to himself and ordered that he receive outpatient mental health care—treatment that he never received.

If someone you love has died or was injured in a tragic accident that you believe was caused by someone’s negligence, recklessness, or carelessness, you and your loved one may be entitled to compensation and other associated costs.

The best way to protect your rights to compensation is to contact an experienced Maryland or Washington D.C. personal injury lawyer right away.

Most families of Va. Tech shooting victims settle, Los Angeles Times, April 11, 2008
Families of Va. Tech victims reach $11M settlement, Baltimore Sun, Associated Press, April 10, 2008

Related Web Resources:

Massacre at Virginia Tech, CNN.com

Virginia Tech

Maryland State Police and Three Maryland Counties Sued For Veteran’s Wrongful Death

April 9, 2008 | Lebowitz & Mzhen

The wife and parents of James E. Dean, 29, and Afghanistan combat veteran, has filed a $20 million wrongful death lawsuit against the Maryland State Police, St. Mary’s County, Calvert County, and Charles County.

A Maryland state trooper shot Dean in 2006 following a 14-hour standoff between the veteran and SWAT teams and armored vehicles outside his father’s house in St. Mary’s County.

Dean’s family says that Dean had been suffering from Post-Traumatic Stress Disorder and that 16 individual officers, the state, and the three counties acted maliciously and with “callous disregard” for his life during the altercation. The lawsuit accuses the defendants of “needlessly provoking Dean.”

Dean was diagnosed with PTSD and serious depression after he spent a year leading a small infantry division in Afghanistan. He was instructed by the military to head to Iraq for a tour in January 2006.

The night before his death, Dean drank large quantities of alcohol and started throwing plates around the house. His wife, Muriel says she ordered him to leave because she was afraid he would hurt himself.

Dean went to his father’s house. His sister Kelly called police because she heard a gunshot and feared that he would try to kill himself.

Police began arriving. Following several hours of negotiation, police fired tear gas into the house to force Dean out. Dean eventually opened the door and pointed his gun at a state police vehicle. He was shot and killed by a single bullet fired by State Police Sgt. Daniel Weaver.

In 2007, St. Mary’s state’s attorney issued a report that said Dean’s death could have been avoided if police officers had used less aggressive tactics.

The lawsuit says state officers failed to let family members talk to Dean, used paramilitary tactics against a man who was traumatized from war, and neglected to bring a psychiatrist in to diffuse the standoff.

If someone you love has died because of the negligent actions of another party, you should contact our Maryland wrongful death law firm immediately.

Veteran’s Family Sues Police, Counties, Washington Post, April 9, 2008
Reservist Due for Iraq Is Killed in Standoff With Police, Washington Post, December 27, 2006

Related Web Resources:

Maryland State Police

Post-Traumatic Stress Disorder, National Institute of Mental Health

Washington D.C. Cracks Down On 23 Landlords with Lawsuit for Code Violations Due To Poor Conditions on the Premises

April 8, 2008 | Lebowitz & Mzhen

The District is suing the 23 property owners of 71 rental buildings (46 rental homes and 25 apartment buildings) for “egregious” code violations. It is also demanding that 13 of the properties be declared “public nuisances” so that repairs are made immediately.

Washington D.C. Mayor Adrian M. Fenty says the lawsuit does not even name all of the egregious properties in the District. D.C. officials say that the lawsuit comes after years of trying to get landlords to improve the conditions on their properties through fines, requests, demands, and civil lawsuits filed by the DC Department of Consumer and Regulatory Affairs.

The owners of the 58 building that have not been placed in receivership reportedly have a history of refusing to make the necessary building repairs or secure the proper licenses to rent out their properties. The lawsuit is intended to force the owners into compliance.

Leaks, pest infestations, mold, and inadequate security are some of the conditions on a number of the premises that require repair or remedy. Because many of the tenants are poor and/or are immigrants, the the landlords may not feel as much pressure to make the necessary repairs. Other landlords reportedly allow the conditions on their properties to deteriorate so that their tenants are forced out due to “eviction by neglect” and the buildings can be rebuilt into upscale housing without violating any tenant conversion laws.

Unfortunately, poor and unsafe conditions on a rental property can pose a health and/or danger risk to tenants and their visitors. Inadequate security can lead to residents becoming the victims of crimes, including sexual assault, physical assault, murder, and robbery.

Not making the proper repairs on a property can lead to slip and fall accidents, electrocution accidents, fires, asbestos or lead paint hazards, and other premises liability-related accidents or dangers.

If you have been injured or someone you love has died on another person’s property because of the property owner’s negligence or carelessness, our Washington D.C. personal injury law firm would like to talk to you.

District Sues 23 Landlords for Code Violations, WashingtonPost.com, April 5, 2008
Premises Liability Overview, Justia

Related Web Resources:

Renter’s Rights and Responsibilities: The Basics, Virginia State University
Tips on Renting in the District of Columbia, Washington Post

NHTSA Says Motorcycle Deaths Rose for the Ninth Straight Year In 2006

April 4, 2008 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration is reporting that 4,810 motorcyclists died in deadly highway crashes in 2006—a number that grew for the ninth year in a row.

Over one of every nine road fatalities in 2006 involved a motorcycle rider. The NHTSA is providing this information to prepare motorists for “Share the Road,” Motorcycle Safety Awareness Month, which takes place in May.

Motorcyclists continue to likely to be involved in motor vehicle accidents for a number of reasons, including:

• The smaller size of a motorcycle can make it more difficult for other drivers to see.
• It is sometimes hard to gage how fast a motorcycle is moving.

• Motorcycle riders don’t have anything except for protective clothing standing between their bodies and the impact of a collision.

To prevent motorcycle accidents, The NHTSA recommends that car drivers, truck drivers, and bus drivers do the following:

• Allow a motorcyclist the full lane width.
• Always signal your intentions.
• Check your blind spots.

• Allow more following distance when you are driving behind a motorcycle.

The Maryland Motor Vehicle Administration provides a list of protective gear for motorcyclists:

• The DOT (Department of Transportation)-approved Helmet, which is mandatory for all motorcyclists riding in Maryland.
• Approved eye protection (Also mandatory for Maryland riders)
• A long-sleeved jacket or shirt
• Over-the-ankle shoes/boots
• Long pants made with sturdy material
• Full-fingered gloves

Please contact our Maryland motorcycle accident law firm to discuss your case with one of our experienced motorcycle crash lawyers. Your first consultation is free.

2008 Motorcycle Awareness Safety, NHTSA.gov
Protective Riding Gear, Maryland Motor Vehicle Administration

Related Web Resources:

Maryland Motorcycle Roads

Maryland MVA Guide for Motorcycles, DMV.org

Retired Army Nurse Sued For Medical Malpractice Over Allegedly Spreading Hepatitis

April 3, 2008 | Lebowitz & Mzhen

Retired Army captain Jon Dale Jones is being sued for personal injury by several people who claim that he infected them with hepatitis. He was arrested in March on federal charges of assault and possession of a controlled substance by fraud.

Staff Sgt. Ivan James Westrick and at least seven others are suing Jones and the nursing agency that employed him when he was working at William Beaumont Army Medical Center, where the infection was spread.

At least 7 other military service members or their family members say that they were infected with the disease because of Jones. According to federal prosecutors, Jones spread the disease in 2004 when he diverted fentanyl, often used as anesthesia, from patients to himself during surgeries at the El Paso, Texas military hospital.

Victims include an active-duty soldier, a retired Army chief warrant officer, a former Fort Bliss commanding general, and the wife of a retired Marine Corps gunnery sergeant.

Jones has pled not guilty to the charges and denies using dirty needles during the procedures.

The plaintiffs say that having Hepatitis C has forced them to undergo lengthy and aggressive medical procedures.

Hepatitis C is a liver disease that is caused by the Hepatitis virus that can be transmitted via blood transfusions. According to court records, Jones tested positive for Hepatitis C following the outbreak. After the outbreak, Jones was taken off the surgery unit but continued working as a nurse at the Texas hospital and later at other hospitals.

The Centers for Disease Control and Prevention did not link Jones to the outbreak until after he stopped working at the El Paso hospital. He was arrested in Florida, where he had opened up his own business, Jones Anesthesia, LLC.

In Washington D.C. and Maryland, our medical malpractice law firm handles cases where patients have been injured because of the medical negligence or recklessness of a doctor, a nurse, a hospital, or another medical provider. We also handle claims and lawsuits against VA (veterans administrative) hospitals and other military facilities for military medical malpractice.

15 Hepatitis Infections Tied to Ex-Nurse, AP, March 21, 2008
Military Medical Malpractice Overview, Justia

Related Web Resources:

Riverside patient tests positive for hepatitis C, DailyPress.com, April 3, 2008
Viral Hepatitis C, CDC.gov
Hepatitis C, MayoClinic.com

Annapolis Sued for Police Brutality

March 31, 2008 | Lebowitz & Mzhen

The city of Annapolis, Maryland, the Annapolis Police Department, and two Annapolis police officers have been named as the defendants of a personal injury lawsuit for police brutality.

Jose Louis Meneses-Araiza and Quinton T. Smith are accusing Officer Gary Black of arresting and beating each of them without justifiable reason during two separate incidents. Meneses-Araiza and Smith are accusing Officer Michael Schreiber and other members of the police force of covering up the attacks. This is the second police brutality lawsuit that has been filed against Officer Schreiber in the past year.

The two plaintiffs are alleging battery, false arrest, false imprisonment, unlawful search and seizure, and conspiracy. They are also accusing the Police Department of failing to properly train and oversee its police officers.

Meneses-Araiza and Smith are seeking punitive and compensatory damages.

Meneses-Araiza says that Officer Black arrested and beat him on March 30, 2005 when Meneses-Araiza offered to act as a translator to Black, who was citing a group of Hispanic men for a traffic violation. Black told him to go away.

When Meneses-Araiza kept talking to the men, he says that Black arrested him for disorderly conduct and assaulted him. Meneses-Araiza says he lost consciousness and that Officers Black and Schreiber got an ambulance to pick him up. Paramedics took him to Anne Arundel Medical Center for what they believed was a drug overdose. Black filed second-degree assault charges against Meneses-Araiza.

Meneses-Araiza says he spent more than $71,000 in medical bills because of the serious head injury he sustained from the assault and that he had to undergo a craniotomy.

Smith says his lips needed stitches after Black arrested him. The incident occurred on August 19, 2005. He says that he yelled at Black and other police officers because he felt that they were being too rough on someone else they were arresting at the time.

He says that Black assaulted him. Smith said that police told him that any pending arrest charges against him would be dropped if he didn’t file a complaint against Black.

Officer Black retired from the Annapolis police force in 2006 and now works for the Caroline County Sheriff’s Department. Caroline County Sheriff Philip L. Brown had nothing but praise for Black, who is currently on leave from the force while serving in Iraq.

If you have been a victim of police brutality in Maryland or Washington D.C., please contact our personal injury law firm for your free consultation.

City sued for police brutality, HometownAnnapolis.com, March 28, 2008
Annapolis man suing the city for $2.25M, HometownAnnapolis.com, January 29, 2008

Related Web Resources:

Annapolis, Maryland

Shielded from Justice: Police Brutality and Accountability in the United States