Maryland Accident Law Blog

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

Report Offers Motor Vehicle Accident Death Rates in Frederick County, Maryland Between 2001 and 2006

March 4, 2008 | Lebowitz & Mzhen

A recent analysis by the Frederick News-Post of deadly accidents in Frederick County, Maryland found that a total of 150 deadly crashes took place on Frederick County roads between 2001 and 2006, with Md. 75 having a death rate of three times the national average.

8 of the 10 deadly accidents on Md. 75 took place on the 7.5-mile stretch connecting I-70 to Md. 26. Less than 10,000 automobiles drove through this area on a regular day in 2006.

These figures can be compared to the least-traveled part of U.S. 15 with over 15,000 vehicles a day and the least-traveled portion of I-70 with over 62,000 vehicles daily. However, considering the high volume of traffic on these roads, the fatality rates for Md. 75 is still lower.

Frederick County has a lower death rate than the U.S. and Maryland averages. According to the National Highway Traffic Administration, 42,642 people died in motor vehicle accidents in the United States in 2006. There were over 5,900,000 motor vehicle crashes that year.

The Maryland State Highway Administration says that over 90% of accidents occur because of driver error. Other causes of truck accidents, car crashes, bus collisions, motorcycle accidents, and pedestrian injuries include speeding, drunk driving, defective motor vehicle parts, poorly maintained automobiles, failure to obey traffic signs, failure to yield right of way, driving while talking on a cell phone or text messaging, aggressive driving, driving too slowly, improper lane changes, making illegal passes, driving through red lights, tailgating, and problems with signage.

Speed limit changes, hilly areas, and a range of at-grade intersections on MD 75 can also be contributing factors to some of the injuries and deaths that occur on this road.

Our Maryland auto accident attorneys have helped many injured clients recover compensation for their car crash injuries caused by a negligent driver or another party.

Fatality rate on Md. 75 is triple national average, Frederick NewsPost.com, March 2, 2008

Related Web Resources:

Frederick County, Maryland

National Highway Traffic Safety Administation

Consumer Product Safety Commission Reports Increase In Nursery Products-Related Infant Deaths

February 29, 2008 | Lebowitz & Mzhen

The Consumer Product Safety Commission has issued a report that states the number of infant deaths (children under age 5) involving nursery products have increased significantly.

According to the CPSC, 66,400 children were seriously hurt in nurseries in 2006. The number of infant injuries involving nursery products in 200t was 59,800.

The report did not take into account injuries in 2007 when more than one million Simplicity bassinets and cribs were recalled. At least 4 infants died because of the defective infant beds. The Chicago Tribune conducted an investigation that found that CPSC and Simplicity had known that defective infant crib parts and improper installation could lead to suffocation, even death.

The CPSC report cited a number of Infant products associated with infant injuries, including:

• Cribs
• Bassinets
• Strollers
• Infant carriers
• Car seats
• High chairs
• Walkers

Sometimes the cause of the injuries has been a defective product or product failure. Falls were also a leading cause of injuries. 42% of the injuries sustained by infants were head injuries.

Toys have also come under fire as a cause of serious injuries or deaths affecting children of all ages. Last year, 25 million toys were recalled because of defective product concerns.

In the event that your child was injured because of a defective product, the instructions that came with the product was incomplete or unclear, or the product did not come with a failure to warn of potential injuries or hazards, one of our Maryland or Washington D.C. lawyers would be happy to discuss your case during a free consultation.

Nursery-related product injuries on the rise, CNNMoney.com, February 28, 2008
Infant Deaths in the Nursery Increasing, Consumer Affairs, February 28, 2008
Nursery Product Injuries Sending More Children to the ER, NewsInferno.com, February 29, 2008

Related Web Resources:

Consumer Product Safety Commission

Infants & Children, Recall-Warnings

Ruth’s Chris Steak House Employees in Baltimore, Maryland File $64 Million Personal Injury Lawsuit Over Carbon Monoxide Leak

February 28, 2008 | Lebowitz & Mzhen

In Baltimore Circuit Court on Tuesday, 16 Ruth’s Chris Steak House employees filed a $64 million personal injury lawsuit against TPOB Pier Five LLC, the company that owns the Pier 5 Hotel where the Inner Harbor steak restaurant is located. The plaintiffs claim that they were hospitalized because they were exposed to high levels of carbon monoxide while working at the restaurant. Ruth’s Chris is not named as a defendant in the lawsuit because Maryland’s workers’ compensation laws prevent employees from suing their employers.

Each plaintiff is asking for $2 million in punitive damages and $2 million in compensatory damages. The lawsuit is accusing the owners and operator of the hotel of “wanton and reckless” acts and disregarding the health and safety of employees.

The cause of the leak was a crack in the boiler’s heat exchanger. The plaintiffs say that the improper maintenance and operation of the boiler cause the leak to occur for weeks until it was discovered on February 2. Employees reportedly suffered headaches in the weeks prior to the evacuation.

On February 2, the Ruth’s Chris Steak House was evacuated because workers began experiencing nausea, dizziness, and to feel faint. According to the Baltimore Fire Department, the concentration of carbon monoxide in the air was 400 parts per million—exposure to this much carbon monoxide can be deadly. Usually, a carbon monoxide reading of 100 parts per million warrants an evacuation from a premise.

Our Maryland and Washington D.C. personal injury law firm handles injury cases throughout both states, including claims and lawsuits involving premises liability, defective products, and exposure to hazardous substances. Even if you have been injured on the job, there may be a third-party that is not your employer whose negligence led to your injury accident.

Health Problems Caused by Exposure to Carbon Monoxide Include:

• Fatigue
• Dizziness
• Vision problems
• Nausea
• Confusion
• Flu-like symptoms
• Reduced brain function
• Angina
• Death
Restaurant employees sue over carbon monoxide leak, USA Today, February 27, 2008
Carbon Monoxide, EPA.gov

Related Web Resources:

People Sickened In Separate CO Incidents, WZJ.com, February 4, 2008
150 evacuated from steakhouse, Baltimore Sun, February 3, 2008
Carbon Monoxide Q & A, CPSC.gov

At Least Four Children Are Injured After Maryland School Bus Accident in Prince George’s County

February 27, 2008 | Lebowitz & Mzhen

In Maryland, the driver of a school bus and three to five middle school student passengers were injured this morning after the bus they were riding in flipped over in Riverdale in Prince George’s County.

There were 45 passengers on the bus that was headed for William Wirt Middle School. All of the students that were in the bus at the time of the accident were transported to local hospitals for medical evaluation.

The bus driver will be charged with failure to yield right of way. It is believed that the driver tried to turn left too quickly.

School buses in Maryland are not required to provide seatbelts to passengers. Different types of injuries can occur during a bus rollover accident:

A 90-degree rollover: A bus passenger can end up slamming against a bus wall, a seatmate, a window, or their backpack or bag.

A 180-degree roller: Students can fall headfirst into the ceiling or be struck by falling objects that were not securely stored. Students may slip and fall into each other and sustain further injuries. Students may have to crawl over unconscious or seriously injured students to exit through windows.

In Maryland and Washington D.C., our personal injury law firm represents injured school bus passengers and their families in bus accident claims and lawsuits against the negligent parties. We also handle all kinds of injury cases involving injured minors.

An article, called The Severity of Bus Rollover Accidents found on the NHTSA web site, categorizes rollovers into the following groups:

• Turn on side
• Turn into a ditch
• Rollover from the road
• Serious rollover- involves more than two rotations
• Combined rollover- may involve a fire, a severe frontal collision, or the bus falling into a body of water
Overturned School Bus Sends Students, Driver to Hospitals, Washington Post, February 27, 2008

The Severity of Bus Rollover Accidents, NHTSA (PDF)

Related Web Resources:

School Bus Accident Reconstruction

Secretary Peters Catches Bus to School, Proposes New Safety Rules for School Buses, NHTSA.gov, November 19, 2007

Maryland Residents Are Among Lacrosse Team Plaintiffs Suing Duke University for Handling of High Profile Rape Case

February 22, 2008 | Lebowitz & Mzhen

38 members of the 2006 Duke Lacrosse team and 9 family members are suing Duke University and the North Carolina city of Durham for their handling of the high profile 2006 rape case that wrongly charged three men with raping a woman.

The plaintiffs say they that they suffered invasion of privacy, emotional damage, and other injuries because the University abandoned them and ignored key evidence showing that the rape charges were fabricated. They are asking for unspecified damages. The lawsuit was filed in U.S. District Court for the Middle District of North Carolina.

The three teammates who were indicted, David Evans, Collin Finnerty, and Reade Seligmann, are not included in this injury lawsuit. They settled their lawsuit with Duke last year and transferred to other universities to complete their college educations.

The victim, a female stripper, claimed that the men gang raped her in the bathroom. Evans, Finnerty, and Seligmann were charged with sexual assault, but the charges were dropped last year. Durham County District Attorney Michael B. Nifong was disbarred for manufacturing and suppressing evidence in the case. Nifong, who has filed for Chapter 7 bankruptcy relief, is not a defendant in this lawsuit.

About 20% of the plaintiffs come from Maryland. Both former and current Lacrosse team members are among those suing the University and the city of Durham. The players say that they suffered harassment and experienced hostility during the investigation into the rape case and Duke did nothing to protect them. Traumatic incidents cited included:

• Having protesters surround their homes.
• Being called rapists and racists.
• Becoming the targets of threats and protest marches.
• Imposing disciplinary measures on the team as if they were guilty.

• Canceling the lacrosse team’s season.

Also named as defendants in the case are Duke University President Richard Broadhead, Duke’s medical center, and Durham city officials. The plaintiffs allege that Duke University abandoned the Lacrosse to protect its own image.

In Maryland and Washington D.C., our personal injury law firm represents clients who have sustained any type of serious injury caused by the negligence or carelessness of others.

Other Duke players, parents file lawsuit, Baltimore Sun, February 22, 2008
38 Duke Lacrosse Team Members Unite to Sue Duke University and City of Durham Over Corrupt 2006 Rape Allegations and Investigation, FoxBusiness.com, February 21, 2008

Related Web Resources:

Duke Rape Case

Mcfadyen et al v. Duke University et al, Justia.com

Woman Sues Ocean City, Maryland Hotel Over Carbon Monoxide Deaths of Her Husband and Daughter

February 21, 2008 | Lebowitz & Mzhen

In Maryland’s U.S. District Court in Baltimore, Pennsylvania resident Yvonne Boughter filed a wrongful death lawsuit over the carbon monoxide deaths of her husband, Patrick J. Boughter, 40, and his 10-year-old daughter Kelly. She is seeking $30 million in damages.

The Boughters, from Lebanon, Pennsylvania, were staying at the Days Inn motel on 23rd Street in Ocean City in June 2006 when the accident occurred. An investigation into the deaths found that gas was able to enter the room they were staying in through a disconnected water heater pipe in the basement. The exposure to the gas killed Patrick and Kelly. Yvonne and their daughter Morgan survived.

Defendants named in the case are Bay Shore Development Corp, Heat Transfer Products Inc., R.E. Michel Co. Inc., and All About Plumbing. Bay Shore owns the motel. Heat Transfer Products made the water heater. R.E. Michaels sold the water heater to Bay Shore. All About Plumbing installed the water heater in the hotel. Wyndham Hotel Group is the parent company of the Days Inn.

Boughter is asking for $20 million in compensatory damages and $10 million in punitive damages. Loss of family and future income from Patrick’s job as a welder were considered by the plaintiff when calculating an amount.

The lawsuit comes after an extensive probe into the deadly accident, as well as another carbon monoxide leak that occurred at the Days Inn in 2005.

Premises Liability and Products Liability

Hotel owners are supposed to ensure that there are no unsafe conditions on their premise that could harm visitors or guests. They can be held liable for personal injury or wrongful death if someone is seriously hurt or died from a hazardous condition on the property.

Manufacturers, sellers, and distributors of a defective product can also be held for products liability if a consumer was injured or killed by that product.

In Maryland and Washington D.C., one of our experienced personal injury lawyers would be happy to discuss your case.

Carbon Monoxide Poisoning

Carbon Monoxide (CO), often referred to as “the silent killer,” is the number one cause of accidental poisoning fatalities in the United States. The Centers for Disease Control says that 15,000 people visit the hospital every year due to carbon monoxide poisoning. About 500 CO poisoning deaths occur annually.

Some Sources of Carbon Monoxide:
• Charcoal grills
• Gas water heaters
• Propane heaters
• Propane stoves
• Cigarette smoke
• Generators powered by gasoline and diesel
• A boat run by an engine
• Paint removers
• Spray paint
• Degreasers
• Solvents
Widow sues OC hotel over carbon monoxide deaths, MDDailyrecord.com, February 19, 2008
Wrongful death suit filed in resort carbon monoxide deaths, Examiner.com, February 20, 2008

Related Web Resource:

Carbon Monoxide Poisoning, EMedicineHealth

Eight People Killed in Maryland After Being Hit By Car During Street-Race

February 17, 2008 | Lebowitz & Mzhen

At least eight people are dead and five others injured in Accokeek, Maryland, after a car accidentally plowed into a group of people watching an illegal car race on the side of Route 210—also known as Indian Head Highway—at around 3:30 in the morning in Prince George’s County.

One woman who was in the crowd, Crystal Gaines, was able to grab her daughter out of the way. Her father, William Gaines Sr., 61, had a broken leg. He was unable to move away in time and is among those who died.

While CNN is reporting that there were 50 people in the crowd, one witness told Newsday that about 200 to 300 people had gathered to watch two cars speed racing down the road. The people moved into the road as the cars drove away and that was when the accident happened.Some people that were struck in the crash flew as high as 15 feet in the air. Police had to circulate photos of the dead bodies so that family and friends could identify their loved ones.

The driver, in a Ford Crown Victoria, says he did not see the crowd because the smoke from the cars racing away made visibility difficult. Crystal Gaines, however, claims that the driver did not have the headlights of the car on.

Her brother, William Gaines Jr. said the Ford was moving so fast that he didn’t see the car until it had struck the crowd. Another person may have been injured when a tractor-trailer, trying to avoid the accident scene, have also hit someone. The victims ages range from 20s to 60’s.

Street races are a common occurrence on Indian Head Highway—although the races usually involve motorcycles. Police have placed speed traps and radar in the area.

Car accidents can lead to fatal injuries for pedestrians—especially when someone is struck by an auto, bus, truck, or motorcycle that is moving at a fast rate.

Our Maryland motor vehicle accident law firm can determine who is liable for your injuries or the death of your loved one and help you deal with insurance companies and the other party or parties so that you can recover for your losses.

Missing 8 killed by car at illegal racing site in Maryland, Newsday, February 17, 2008
Missing Street-race crash kills 8 in crowd, CNN, February 16, 2008

Related Web Resource:

Missing Should you pursue a personal injury claim? Nolo
.

Missing Maryland Construction Foreman Discovered Dead in Shaft in Baltimore

February 15, 2008 | Lebowitz & Mzhen

The body of Wayne Kerr, a Maryland construction foreman employed by Centerline Construction Co., was found on Thursday at the bottom of a shaft in the Constellation Energy Group Headquarters in Baltimore.

Kerr, 55, was last seen by coworkers on Wednesday and did not return home from work. His wife called Centerline Construction yesterday morning to see if anyone had seen him.

Coworkers noticed his truck parked near the worksite. They discovered his body by paging his cell phone and listening for its beeps.

Baltimore homicide detectives and the Maryland Occupational Safety and Health are investigating the incident for the cause of death.

Falls are the number one cause of construction worker-related fatalities.

Other common causes of construction injuries and deaths:

• Scaffolding accidents
• Electric shock
• Explosions
• Fires
• Compressed gases accidents
• Welding accidents
• Machinery accidents
• Trench collapses
• Motor vehicle-related injuries
• Being hit by falling or heavy equipment or materials

Although construction workers (and their families) cannot sue their employers for work-related injuries, they are entitled to receive workers compensation benefits for injuries, lost wages, medical expenses, disability, or the death.

If a third-party that is not the employer was responsible for causing the construction accident, the injured party may be able to file a personal injury or wrongful death lawsuit.

Our Maryland and Washington D.C. personal injury law firm would be happy to discuss your case with you.

Missing construction foreman found dead near Inner Harbor, Baltimore Sun, February 15, 2008

Related Web Resources:

Maryland Occupational Safety and Health

Constellation Energy Group Headquarters