Maryland Accident Law Blog

Family of Teenager Sues Bullies For Injuries Caused by Harassment, Beatings, and Threats

March 26, 2008 | Lebowitz & Mzhen

The parents of Billy Wolf, a 16-year-old Arkansas sophomore, are suing the teenagers that have been bullying their son for the harm he has suffered due to alleged incidents of assault and battery.

Video and audio evidence document Billy being hit and verbally harassed on multiple occasions. Billy, who has a learning disability, has reportedly been a target of bullies since he was 12 years old.

Billy’s parents say they have repeatedly asked school officials to stop the violence against their son, yet the bullying continues. In one incident, Billy was suspended for a fight that occurred on the bus, even though video evidence later showed that he was the one who was beaten.

When he was in the 9th grade, a few of his adversaries started a Facebook page called “Every One That Hates Billy Wolfe.” A picture of his face was superimposed on the image of Peter Pan. This type of bullying, known as cyberbullying, is against the law.

In another beating by a fellow student, Billy’s braces got caught on the inside of his cheek.

School records indicate that at least one official thinks that Billy provokes the trouble that comes to him. Billy’s parents have expressed frustration that school officials cannot seem to protect their son from being attacked.

The lawsuit names Ian Teeters, as one of the bullies, and a number of John Does as defendants. They are also thinking about suing the Fayetteville School District.

The family is seeking personal injury damages for medical costs, impaired physical and mental abilities, mutilation, mental anguish, pain and suffering, punitive damages, legal and court expenses, and other damages.

In Maryland and Washington D.C, our personal injury law firm represents clients injured by the negligence or recklessness of others, including cases involving injuries to minors.

A Boy the Bullies Love to Beat Up, Repeatedly, New York Times, March 24, 2008
Fayetteville student sues classmates over assault, NWANews.com, March 10, 2008

Related Web Resources:

Stop Bullying Now

Stop Cyberbullying

Bullying Facts and Statistics, SafeYouth.org

Pilot Sues Boeing For Personal Injuries From F-15C Breakup Jet Accident

March 25, 2008 | Lebowitz & Mzhen

Maj. Stephen Stilwell, an air force pilot, is suing plane manufacturer Boeing over the F-15C airplane accident that left him disfigured and with debilitating shoulder injuries. The plane was built by defense contractor McDonald Douglas, which was purchased by Boeing Corp.

In his personal injury lawsuit, Stilwell says that the plane started “shaking violently” during a routine training mission. He ejected himself from the plane and was seriously injured when he was struck by parts of the plane, which had started to disintegrate.

According to air force investigators, there were cracks in the aircraft parts that caused the failure. These parts were installed without implementation of the correct safety measures.

After the plane crash, all of the F-15’s were grounded for inspection, with several of them staying there after similar cracks were discovered.

Stilwell says the accident has affected his ability to work as a civilian/military aircraft pilot. Stilwell contends that Boeing should have known that its F-15C was a dangerous/defective product that was susceptible to breaking apart during flight.

Product manufacturers, sellers, and distributors are responsible for making sure that their products will not cause harm to any users. Grounds for a products liability lawsuit can include:

Negligence: Failure to act with reasonable care to make sure that a product is safe for use.

Strict Liability: If a person is injured by a product, the manufacturer can be held liable even if he or she did not act negligently.

Misrepresentation: Marketing, promoting, or presenting a product in a manner that misrepresents the actual safety or risks that come with using a product.

Breach of Warranty: The manufacturer is in breach of the warranty that accompanies its product.

If you are injured on the job by a defective product, you usually will not be able to sue your employer, but you can file third party lawsuits against other liable parties, such as the manufacturer or distributor of the product. You may also be eligible for workers’ compensation benefits from your employer’s insurer.

In Maryland and Washington D.C., one of our products liability lawyers would be happy to speak with you.

Pilot hurt in jet breakup sues Boeing, CNN.com, March 25, 2008

Related Web Resources:

The Boeing Company

Plane Crash Info

Parents of Baltimore County Teenager Sue Maryland Occupational Safety and Health Department and Others for Failure to Properly Investigate Construction Accident Death

March 23, 2008 | Lebowitz & Mzhen

Adrienne and Robert Miranda, the parents of Joseph Miranda, have filed a personal injury lawsuit against the Maryland Occupational Safety and Health department, The Maryland Attorney General’s Office, the Hampstead Police Department, and the Federal County and Frederick County state’s attorney’s offices for allegedly failing to properly investigate Joseph’s death. They are suing for $6 million.

Joseph, a 19-year-old construction worker, died in 2006 when his head and neck were crushed by a construction motor vehicle during a job.

Authorities and investigators say the incident was accidental, but a state medical examiner said that there was a “strong possibility” that Joseph was murdered. The medical examiner suggested that the matter be investigated further. The Mirandas have expressed concern that the two men that offered statements about their son’s death were never tested for alcohol or drugs.

Officials say that they did probe the case further and found no evidence that a criminal act had been committed.

The agencies want the court to dismiss the Baltimore couple’s lawsuit because it does not make claims against specific individuals and because the public officials are allowed immunity from lawsuits if the incidents occured while they were doing their jobs

The Mirandas say that the agencies’ professional negligence caused them to suffer emotional grief, anguish, despair, and mental distress.

Professional Malpractice

A professional malpractice lawsuit can be filed against a professional who does his or her job in a negligent or careless manner that is below the professional standard and someone gets hurt because of this.

Professional malpractice lawsuits can be filed against a wide range of professionals, including:

• Lawyers
• Doctors
• Engineers
• Architects
• Accountants

If you believe that you have been a victim of professional negligence in Maryland or Washington, D.C., one of our personal injury attorneys may be able to assist you.

Balto. Co. parents sue over investigation into son’s death, Baltimore Sun, March 21, 2008

Related Web Resource:

Family Seeks Answers In Man’s Work-Related Death, WBALTV.com, May 29, 2007

Maryland Occupational Safety and Health (MOSH)

1 Toddler and Several Others Injured When MTA Train and Van Collide in Baltimore, Maryland

March 20, 2008 | Lebowitz & Mzhen

An 11-month girl was injured after she was struck by a van that collided with an MTA light rail train on Thursday in Downtown Baltimore, Maryland. She was taken to Johns Hopkins Hospital’s pediatric center.

The driver of the van was a U.S. Naval Academy midshipman. He also was taken to a local hospital but did not sustain any serious injuries. Several light rail passengers are reporting injuries from the accident.

The motor vehicle collision occurred early in the morning. The van reportedly ran a red light and was struck by the MTA light rail train. The force of the collision caused the van to spin onto the sidewalk and strike the stroller with the toddler in it.

If you believe that someone you love was seriously injured in a motor vehicle accident, you should contact our Maryland personal injury law firm right away. Our motor vehicle accident attorneys also handle cases involving injuries to minors.

Running a Red Light

Running a red light is a commonly occurring traffic violation that can lead to serious injuries for other drivers and pedestrians and cause serious property damage to motor vehicles involved in any related collisions.

According to the NHTSA, there were over 3,500 traffic accidents in Maryland involving red light violations in 1995—resulting in 34 fatalities and 4,256 injuries. Maryland is one of a handful of U.S. states that use red-light cameras in a few areas—including Montgomery and Prince George’s counties—in an effort to prevent people from running red lights.

Types of Accidents from Running a Red Light, include:
• Colliding with cars coming from the left or ride side of the driver’s path that now have green light authorization to move forward.

• Striking a pedestrian.

Rail commute delayed, several injured in downtown collision, Baltimore Sun, March 20, 2008
Red Light Violations in Maryland, NHTSA

Related Web Resources:

D.C. Red-Light Cameras Fail to Reduce Accidents, Washington Post, October 4, 2005
Red Light Running, Insurance Institute for Highway Safety

General Motors Settles Auto Defect Injury Claim Involving GMC Yukon

March 19, 2008 | Lebowitz & Mzhen

General Motors Corporation will pay an undisclosed settlement amount to California resident Michael Samardzich, whose left eye was ruptured and became permanently blind when the GMC Yukon that he was a passenger in collided with another motor vehicle on July 7, 2006. The teenager filed a products liability claim against the auto manufacturing giant for his injuries.

The force of the crash shattered the side passenger window of the SUV and the pieces of glass damaged Samardzich’s eye. Police reports indicate that he was wearing a seatbelt when the auto accident occurred.

Personal injury attorneys for Samardzich say that the teenager would not have suffered the permanent loss of vision if GM had made the passenger window with laminated glass instead of tempered glass, which is less costly and is known to break and shatter more easily.

The fragility of tempered glass can be a problem when a motor vehicle crash occurs. Not only can pieces of glass cut the victim’s skin or get into their eyes or other organs, but passengers in a vehicle have a greater chance of being thrown from the vehicle if the glass in the side windows is shattered.

Auto manufacturers know that laminated glass is the stronger glass, which is why this type of glass is used in the windshields of all motor vehicles sold in the United States.

In Maryland and Washington D.C., our personal injury law firm represents clients that have been injured in motor vehicle accidents caused by negligent drivers, defective auto parts, and other negligent parties.

Defective auto parts cases may involve:

• Defective tires
• Seat back failure
• Auto recalls
• SUV rollovers
• Faulty air bags
• Roof crushes
• Gasoline tank explosions
• Defective door latches
• Defective seat belts
General Motors Agrees To Settle Automobile Defect Claim For Undisclosed Sum, RTT News, February 20, 2008
General Motors Settles in Auto Defect Claim; Plaintiff Claimed Laminated Sidelites Would Have Protected Him, GlassBytes.com

Related Web Resource:

Coalition for Auto Glass Safety and Public Awareness

Maryland Teenager Files $3 Million Sex Abuse Lawsuit Against Female Teacher

March 14, 2008 | Lebowitz & Mzhen

A male Howard County teenager has filed a $3 million sex abuse lawsuit against teacher Kristen Ann Kinley. The teenage, now 18, says that he continues to experience major emotional trauma because of the alleged incidents of “sexual battery and extreme and outrageous conduct.”

Kinley, a special education teacher, has already pled guilty to third-degree sexual offense. She had sexual contact with the teenager at her apartment on more than one occasion. She is currently serving 18 months in jail.

Also named in the sexual abuse lawsuit are the state of Maryland, the Howard County Board of Education, and Hammond Middle School Principal Kerry McGowan.

The lawsuit alleges that Kinley intentionally exploited a child who was being treated for depression when the sexual assault and battery occurred. The teenager was 15 when the offenses occurred.

The suit accuses the other defendants of breaching their duty to protect students from employees and cites a pattern of inappropriate sexual behavior between children and teachers in Howard County’s school system.

Alan Meade Beier, also a Howard County teacher at River Hill High, has been charged with inappropriate sexual behavior with three students.

Former Howard County teacher Joseph Samuel Ellis was convicted of indecent exposure, sex abuse with a minor, and telephone misuse early this year. Ellis taught history and government at Glenelg High.

Sex abuse is a crime. Victims of sexual abuse are entitled to file claims and lawsuits for the pain, suffering, and trauma caused by the incidents. One of our Maryland or Washington D.C. sex abuse lawyers can explore your legal options during a free consultation.

A 2007 Associated Press probe found that over the last five years, there have been about 2,500 reported cases of sex abuse by perpetrators who were teachers. 1801 of these cases involved young victims. Many incidents of sex abuse are not reported.

Teen abused by teacher files $3 million civil suit, Baltimore Sun, March 14, 2008
AP: Sexual Misconduct Plagues US Schools, Washington Post, October 21, 2007
Related Web Resources:

Howard County Board of Education

Hammond Middle School

Insurance Institute For Highway Safety Says Making Stronger SUV Roofs Could Save Lives During Rollover Accidents

March 13, 2008 | Lebowitz & Mzhen

Test results conducted by the Insurance Institute For Highway Safety found that the stronger the SUV’s roof, the lower the risks of serious injury or death.

The IIHS tested 11 sport utility vehicles and found that the stronger roofs had a 39%-57% lower injury risk than SUVs with weaker roofs.

The IIHS says that over 200 lives could have been saved in 2006, during rollover accidents, if the SUVs had better roofs. 35% of motor vehicle deaths involve rollover crashes, with 60% of these rollovers involving SUVs.

The SUV’s roof that received the highest strength rating was the 2000-2004 Nissan Xterra. The SUV’s roof that received the lowest strength rating was the 1999- 2004 Jeep Grand Cherokee.

A roof that crushes in during a rollover can cause serious injuries to passengers, who can sustain traumatic brain injuries or traumatic brain injuries when struck by the crushed roof.

Examples tragic SUV rollover accidents involving crushed roofs:

• Tyler Moody, 18, died of “positional asphyxiation “during an SUV rollover crash. His family’s wrongful death attorneys said the crushed roof cut off his breathing.

• Recently, a California appeals court ordered Ford to pay a paralyzed woman $82.6 million for injuries sustained during an SUV rollover also involving a crushed roof.

A trade group that represents Toyota, GM, Chrysler, and a few other auto makers, called the study flawed.

SUV Accident Facts from the National Highway Traffic Safety Administration:

• Over 90% of SUV rollover crashes are single-car accidents.

• The most common kind of injury sustained in rollover crashes is head trauma.

In Maryland and Washington D.C., our personal injury law firm represents clients in SUV rollover accidents and other kinds ofproducts liability and car accident cases.

Report Says Weak SUV Roofs Are Deadly, U.S. News, March 13, 2008
Crash-test report backs stronger roofs on SUVs, USA Today, March 12, 2008

Related Web Resource:

Roof Strength and Injury Risk in Rollover Crashes (PDF)

Insurance Institute for Highway Safety

Santa Clara County, CA Sheriff Says Department Accepts Responsibility for Police Car Accident That Killed Two Bicyclists

March 12, 2008 | Lebowitz & Mzhen

A deadly accident in Santa Clara County, California involving a deputy that fell asleep at the wheel has left two bicyclists dead and a third with a broken leg and arm. On Tuesday, Santa Clara County Sheriff Laurie Smith cried and said that her department accepts responsibility for the tragedy.

Deputy James Council was driving his police car down Stevens Canyon Road on Sunday when he crossed a double-yellow line, striking the three cyclists. 20-year-old Christopher Knapp survived the crash with broken bones. Matt Peterson, 29, died at the accident scene. Kristy Gough, 30, was declared dead several hours later at Stanford University Medical Center.

Council says he struck the three bicyclists after falling asleep at the wheel. The California Highway Patrol reportedly did not ask Council to take a blood-alcohol test at the scene. Council’s attorney says that drugs and alcohol were not involved.

Questions have risen as to whether Council, a second generation deputy, received special treatment. His attorney has denied this also.

In 2001, Council was convicted in Los Angeles County for taking part in a speed contest. As part of his plea agreement, charges for DWI and having blood alcohol content over 0.08% were dropped. He served 24 months probation.

Sheriff’s officials in Santa Clara were aware of the conviction and plea agreement when they hired Council 18 months ago. Sheriff’s spokesman Sgt. Don Morrissey says that the department doesn’t disqualify potential candidates because of one mistake made in the past.

Unfortunately, getting hit by a motor vehicle is one of the risks that bicyclists face when cycling on the roads. There are steps that bicyclists can take to avoid getting hit by a car, truck, bus, or motorcycle.

However, there are accidents that occur because a driver or another party behaved negligently or carelessly. In Maryland and Washington D.C., the best way to determine and prove negligence is to ask one of our experienced bicycle crash lawyers to examine your case. In some cases, there may even be more than one liable party.

Proving negligence in your bicycle accident claim or lawsuit may be able to provide you with the financial compensation you need to cover medical costs and other expenses.

Sheriff ‘sorry’ for fatal collision, Mercury News, March 12, 2008

Related Web Resources:

Bicycle Crash Statistics, Massbike.org
Bicycle, Maryland Department of Highway Transportation State Highway Administration

Mitsubishi Ordered to Pay $11 Million in Products Liability SUV Wrongful Death Case

March 7, 2008 | Lebowitz & Mzhen

A Florida jury has ordered Mitsubishi Motors to pay almost $11 million in wrongful death damages to the parents of a man who died when he was partially ejected from a Nativa SUV—marketed in the US as the Montero.

Peter and Donna Laliberte had accused the auto manufacturer of knowing that there were problems with the seat recliner and the seat belt in the SUV and selling the motor vehicles despite this information. Because of these product defects, the Lalibertes contend that Scott,25, ended up being partially ejected from the back window of the 2000 Nativa when the SUV rolled over in September 2004. They had asked the jury to award them over $25 million.

Scott’s head was crushed against the SUV and the ground after he smashed into the rear window.

The almost $11 million award is compensatory damages for the loss of the Lalibertes’ son. $10 million is for pain and suffering and the rest of the amount is to cover funeral expenses and other costs.

Part of the case made against Mitsubishi was that auto maker tried to correct the design flaws on the 2000 model by bring out a revised model halfway through the model year without letting anyone know that there had been problems with the original version.

Mitsubishi, however, argued that the redesigned model did not address flaws with the seat or seat belt and instead fixed issues with the SUV’s front structure, which did not perform well during accident tests.

Mitsubishi has been working hard to rebuild its reputation after the public found out that the auto giant had tried to cover up auto defects by fixing them without issuing recalls even though many accidents had occurred.

Our Maryland and Washington D.C. law firm represent injury and wrongful death clients in SUV accident claims and lawsuits involving negligent drivers and/or defective auto parts.

Seat belt defects include:

• Problems with the seat belt latch
• Problems with the seat belt retractor
• Defects with the seat belt geometry
• Defective seat belt webbing
Mitsubishi must pay $11 million to family of man ejected from SUV, Palm Beach Post, February 26, 2008

Related Web Resources:

Defective Seat Belts are a Big Problem

Mitsubishi Motors

Two Doctors Cleared In Heath Ledger Prescription Overdose Death

March 6, 2008 | Lebowitz & Mzhen

The Drug Enforcement Administration says that two doctors who gave movie star Heath Ledger prescription drugs have been cleared of any wrongdoing related to the movie star’s death.

Ledger was found dead in his New York apartment of a prescription medicine overdose on January 22. An autopsy concluded that Ledger died from ingesting a combination of Vicodin, Oxycodone, tazepam, diazepam, alprazolam, and doxylamine.

According to the medical examiner’s office, the drugs were not supposed to be taken together and doing so impaired Ledger’s ability to breathe properly. The actor fell asleep and never woke up.

Both doctors were ruled out as the sources of Vicodin and OxyContin that were found with the actor on the day of his death.

In 2006, the Institute of Medicine issued a report stating that at least 1.5 million Americans are injured or killed because a medication mistake had been made in dispensing, prescribing, or taking a prescription drug.

The report says that mistakes are so common that a person staying at a hospital is subject to one medication error a day.

Common medication errors include:

• Writing prescriptions that can be dangerous when taken in combination with other drugs.
• Giving a patient the wrong medication.

• Giving the patient the correct drug but the wrong dosage amount.

Our Maryland and Washington D.C. personal injury law firm represents clients that have been seriously injured because of a prescription or pharmacy error. Our prescription error lawyers can determine whether you have grounds to file a case.

Federal Agents Rule Out Doctors in Heath Ledger’s Death, FoxNews.com, February 29, 2008
Medication Errors Harming Millions, Report Says, Washington Post, July 21, 2006

Related Web Resources:

Actor Heath Ledger dies at 28, CNN.com, January 22, 2008

Drug Enforcement Administration