Maryland Accident Law Blog

Maryland Girl is Third Attack Victim on an MTA Bus This Month

December 19, 2007 | Lebowitz & Mzhen

A teenager was stabbed in the arm on a Maryland Transit Administration bus No. 51 in Maryland yesterday. Baltimore police arrested two juveniles in connection to the assault. The assault occurred near Mondawmin Mall when a fight broke out in the back of the bus.

The bus driver pressed the emergency alarm button to alert MTA and Baltimore police. The girl ran away from the bus and was later found by police.

This was the third attack on a Maryland bus this month. Last week, two men were attacked by five others on MTA Bus 64. On December 4, several black teenagers attacked a white couple on an MTA bus in Hampden. The attack left 26-year-old Sarah Kreager seriously injured. Nine juveniles were charged in the December 4 attack.

If you are a victim of a crime on a bus and the bus company did not put in place the proper safety measures to prevent your crime from occurring—especially if similar crimes had recently been committed on other buses in the area—you may be able to file a personal injury claim or lawsuit against the bus company.

You should speak with an experienced Maryland personal injury lawyer right away. That said, filing any kind of personal injury lawsuit against a bus, a bus driver, or a bus company—especially a public bus—can be complicated. This is why you need to work with a personal injury attorney who knows how to handle these types of cases.

Victims of crimes that occur on another person’s property due to inadequate security can be grounds for a premises liability lawsuit against the negligent property owner. The proprietor or owner of a premise or building must take steps to ensure that the property is safe for residents, visitors, employees, and patrons.

A person also may be able to file an inadequate security if he or she was injured due to insufficient security at a shopping mall, amusement park, office building, apartment building, convenient store, restaurant, or on a cruise ship, elevator, or bus.

Teenage girl stabbed on MTA bus, Baltimore Sun, December 19, 2007
Surveillance Photos Released In MTA Bus Attack, WJZ.com, December 15, 2007

Related Web Resource:

Maryland Transit Administration

Deadly Fire Truck Collision in Baltimore, Maryland Leaves Three People Dead

December 12, 2007 | Lebowitz & Mzhen

Three people died in Baltimore on Sunday when their SUV was hit by a Baltimore City fire truck at the intersection of Clarks Lane and Park Heights Avenue.

The deadly crash happened after 3 am when a ladder truck, rushing to the scene of an apartment building fire struck the Nissan SUV. The force of impact sent the sports utility vehicle careening into a utility pole.

Married couple Mikhail and Iryna Patrov and their friend Igor Saub were taken to Sinai Hospital where they were declared dead. Igor leaves behind a fiancé. A family friend says his body will have to be flown back to Ukraine. The Petrovs are Ukranian. They leave behind a grown daughter and son. The three victims were returning from a party when the fatal motor vehicle crash happened.

The ladder truck, which drove off the road and down an embankment, was carrying four fire officials. All four of them were treated for minor injuries.

If someone you love has died in a car accident caused by another party’s negligence, you may be able to sue the negligent person or entity for wrongful death.

Sources say that a surveillance camera has video footage of the fire truck speeding into the intersection. A second unit may have seen the ladder truck run a red light.

Maryland and Baltimore both require that emergency vehicles stop at red lights and use lights and sirens when rushing to an emergency scene.

Fire officials and police are investigating the scene to determine who caused the accident. The intersection reportedly does not have a turn signal. One resident who lives in the area says that motor vehicle accidents are a frequent occurrence at this intersection.

Surviving family members may be able to recover medical costs, funeral expenses, loss of companionship, loss of support, and other related losses.

Family Plans Funerals after Fire Truck Crash, ABC2news.com, December 11, 2007
Three people killed after SUV, fire truck crash in city, Baltimore Sun.com, December 11, 2007
Investigation Continues Into Fire Truck Accident, WJZ.com, December 11, 2007

Related Web Resource:

Maryland Wrongful Death Statute (PDF)

Family of Murdered Baltimore Woman Files $14 Million Wrongful Death Lawsuit

December 11, 2007 | Lebowitz & Mzhen

The family of Shirley Cooper, a 72-year-old Baltimore resident who was murdered at the Temple Gardens apartment complex, has filed a $14 million wrongful death lawsuit against ETG Associates and Roizman Development because of the inadequate security that allegedly allowed an intruder to kill Shirley on June 2.

The attacker stabbed Shirley Cooper multiple times at her home. Her son, Leo Cooper, found her body. No arrests were made and police in Maryland closed the case when their number one suspect was discovered dead. The $14 million figure was chosen to symbolize the number of times Cooper’s assailant stabbed her.

The wrongful death lawsuit claims that the intruder was able to enter Cooper’s apartment because of lax security. The entryway through which the murderer came in was not monitored and security cameras in the building were either not operating correctly or were improperly installed.

The owners and managers of apartment complexes, senior residents, hospitals, shopping malls, parking lots, banks, restaurants, cafes, grocery stores, motels, hotels, office buildings, and other privately and publicly owned premises are supposed to ensure that proper safety precautions are in place to prevent visitors, patrons, customers, or residents from getting hurt while on their premise.

Failure to do so can be grounds for a premises liability claim or lawsuit if someone is injured in a crime that was committed due to inadequate security—especially if the owner of the property had been warned of potential problems before the crime occurred. A wrongful death lawsuit may result if the crime victim dies.

Crimes leading to injuries that occurred on a premise due to inadequate security include robbery, physical assault, sexual assault rape, assault involving a deadly weapon, and murder. Stab wounds, gunshot wounds, traumatic brain injuries, spinal cord injuries, bruises and scratches, sexual assault-related injuries, mental trauma, emotional anguish, and wrongful death are some of the injuries that can result in an inadequate security-related crime.

Family files $14M lawsuit over security, Examiner.com, November 15, 2007
Suing the Landlord: Negligent-security suits present problems of proof, causation, The Daily Record, December 9, 2007

Related Web Resources:

Inadequate Security: The New Liability Crisis

Maryland Woman Dies in “Freak” Tractor-Trailer Crash in Montgomery County

December 10, 2007 | Lebowitz & Mzhen

Silver Spring resident Norma Almeraya-Soria, 35, died on November 21 after she was hit by a tractor-trailer in Montgomery County, Maryland. Almeraya-Soria was on the curb near the sidewalk at the intersection of Columbia Pike and Stewart Lane in Silver Spring when the axle of a tractor-trailer trying to make a turn broke.

Almeraya-Soria ended up under the trailer and died at the accident scene. Her body remained under the truck for a number of hours before it could be recovered. Police in Maryland are investigating whether a mechanical failure was responsible for the freak accident. The tractor-trailer, owned by Pet Valu, a Canadian pet store with branches in Maryland, was carrying pet supplies.

If you were injured in a tractor-trailer crash caused by another party’s negligence or carelessness or if someone you love died in a motor vehicle accident that was someone else’s fault, you should contact a Maryland or Washington D.C. truck collision lawyer right away to find out of you have grounds for filing a truck accident or wrongful death claim or lawsuit.

Mechanical failures and defective truck parts are among the most common causes of accidents involving large trucks. It is important to hire an experienced truck accident lawyer who knows how to determine whether a personal injury or wrongful death accident occurred because the breaks, the steering wheel, a tire, the engine, or another vehicle part was defective.

The owner of the truck is liable for making sure that the vehicle is properly maintained and operational before taking it out on the road.

A mechanical failure may be the fault of the truck driver, the truck owner, the maintenance shop, or the manufacturer. There may be more than one party that can be held liable for the truck accident injury or death.

2006 Truck Accident Statistics:

• 4,732 large trucks were involved in deadly accidents.
• 4,995 people died in accidents involving large trucks.
• There were 57,213 big trucks involved in injury accidents.

• 85,984 people were injured in accidents involving huge trucks.

Woman Hit, Killed In ‘Freak’ Tractor-Trailer Accident, MSNBC.com, November 22, 2007
2006 National Crash Facts, Ai.volpe.dot.gov

Related Web Resource:

Trucking Industry Statistics and Causes of Truck Accidents, Road Safe America.org

Woman Infected with HIV from Organ Transplant Did Not Know Donor Was High-Risk

December 4, 2007 | Lebowitz & Mzhen

A woman infected with HIV and hepatitis from the kidney she received from a donor says she was not notified that her donor was high-risk. She also says that she previously turned down another donor due to his “lifestyle.”

Her attorney in Illinois asked the Cook County Circuit Court to prevent the organ procurement center and the hospital where she received her transplant from modifying or destroying any records related to her case. He claims that both the University of Chicago and the Gift of Hope Organ & Tissue Donor Network were aware that the kidney belonged to a patient who was at high-risk of getting HIV.

The CDC’s guidelines mandates that gay men who are sexually active should not be allowed to donate their organs unless the patient is in danger of dying immediately.

Officials at the University of Chicago claim that they followed the proper guidelines when arranging for the transplant. The woman’s attorney, however, claims that guidelines were not followed when the woman was not notified of the patient’s status and she wasn’t tested for HIV immediately after the transplant. She was also told that her donor was a healthy male.

The woman received a new kidney in January. She was diagnosed with HIV and hepatitis on November 1. Her HIV medical treatment is negatively affecting her kidneys.

Gift of Hope was also involved in the donor process of the four other patients who were diagnosed with HIV following their transplants. All four of them received their transplants from a donor who died following a traumatic brain injury. An initial HIV test on the donor had come back with a negative result.

Over 300,000 people receive transplants in the United States every year.

If you or someone you love has became injured or ill because of a medical error, you may be able to file a medical malpractice claim or lawsuit against the hospital, doctor, surgeon, medical center, or anyone else who can be held liable for causing your injuries or sickness.

Failure to follow proper procedures, failure to obtain informed consent, performing the wrong surgery, mistakes during surgery, failure to diagnose, or providing a patient with the wrong treatment are some of the many errors that can result in a medical malpractice claim or lawsuit.

Chances of infection low, organ donation official says, The Jeffersonian.com, November 27, 2007
Lawyer: Woman who got HIV wasn’t told organ donor was risk, USA Today, November 16, 2007
Four Transplant Recipients Contract HIV, Hepatitis C From High-Risk Organ Donor, The Body Pro, November 14, 2007

Related Web Resources:

Gift of Hope Organ & Tissue Donor Network

The Living Legacy Foundation, MDTransplant.org

Maryland Family Files Class Action Injury Lawsuit Against Constellation Energy After Husband Dies From Drinking Contaminated Water

December 3, 2007 | Lebowitz & Mzhen

Anne Arundel resident Gayle K. Queen filed a class action lawsuit against power company Constellation Energy last week. Constellation Energy is the largest power company in Maryland.

Queen says her husband David died of kidney failure in 2006 because he drank water with traces of arsenic, lead, and other pollutants. At least five other people have died from suspicious reasons in the same area.

For the last 12 years—until early this fall—Constellation and a contractor dumped billions of tons of waste ash from smokestacks into an unlined former gravel mine pit located close to the neighborhood where Queen resides. The waste ash, also called fly ash, came from Constellation’s coal-fired power plant in Brandon Shores.

The claim filed in Baltimore circuit court is a class action lawsuit intending to represent dozens of residents seeking unspecified damages from Constellation Energy in personal injuries and property value loss.

Before reports exposing the contamination surfaced, Gayle Queen had been considering offers on her house for up to $750,000. The offers disappeared once the information about the contamination surfaced.

Tests conducted by Anne Arundel County discovered that 23 wells tested positive for dangerous metals, including thallium, arsenic, and cadmium (all components of waste ash). Constellation Energy just recently stopped burying ash in that area.

Queen’s lawsuit alleges that even though Constellation knew as early as 1999 that the dump was contaminating the water in the neighborhood, the power company did not warn local residents. The lawsuit claims that Constellation Energy even purposely engaged in a campaign to prevent neighbors from knowing about the waste materials.

If you or someone you love has been seriously injured because of exposure to a hazardous or toxic substance, a personal injury lawyer can help you determine whether you have grounds to file a claim or lawsuit against the negligent party.

Gambrills Family Suit Claims Water Fouled by Dump, Baltimore Sun, November 30, 2007
MD Family Sues Power Co. Over Well Contamination, Water Technology Online, November 30, 2007
Homeowners Sue Over Dumping of Chemicals, Washington Post, November 30, 2007

Related Web Resource:

Constellation Energy Group

Baltimore School System Drops Appeal and Will Pay $100,000 Judgment to Girl Sexually Assaulted in Maryland Classroom

December 2, 2007 | Lebowitz & Mzhen

The Baltimore school system in Maryland is dropping its appeal against the personal injury lawsuit filed by the mother of a 12-year-old girl that alleges that seven boys in a special education math class sexually assaulted her daughter in 2002.

Bridget Banks, the girl’s mother, says that on November 27, 2002, she received a voice message telling her that her daughter, who had previously been diagnosed with mild mental retardation, had been suspended from school.

The woman found her daughter at home. She says her daughter could not speak, her hair was a mess, and her shirt was ripped. She made her daughter tell her what happened. She then called the Baltimore police.

The girl, now 17 years of age, has been treated at mental facilities 21 times since the attack occurred. She also was diagnosed with post-traumatic stress disorder, had violent nightmares, and became suicidal. She now lives in a special home for vulnerable adults.

As part of their appeal, the schools had alleged that the girl had provoked the assault, which took place in the special education classroom at Southeast Middle School. The teacher reportedly was in the room but did not stop the attack. She was the only girl in a class with nine boys.

The lawsuit says that a number of boys started fondling her breasts. She called out to the teacher but was ignored. Seven of the boys pinned her to the ground and tried to pull her underwear off. She managed to push them away. At the principal’s office, a number of the boys contradicted her story and claimed she had “asked for it.” The girl was suspended.

By law, schools in Maryland must report any allegations of sexual assault. Southeast Middle School did not file a report with police.

The jury awarded Banks and her daughter $135,000 for medical expenses, pain, and suffering. The school system will pay the girl and her mother $100,000, which is the maximum allowed under state law for this type of personal injury case. Until this year, the school had covered all the costs of long-term mental facility placements.

Schools are supposed to ensure that children on their premises are safe from harm, including physical assault, robbery, injury, sexual assault, and wrongful death. If you or child was injured at a school, a good personal injury lawyer can help you determine whether you have grounds to file a premises liability claim or another kind of personal claim or lawsuit.

Schools stop fighting $100,000 judgment, Baltimore Sun, December 1, 2007
‘When she yelled for help, no one did anything’, Baltimore Sun, November 25, 2007

Related Web Resource:

Are Schools More Afraid of Lawsuits than They Should Be?, Christian Science Monitor, May 27, 2003

Maryland Family of 7-Year-Old Boy Arrested For Sitting On a Dirt Bike Sues Baltimore Police for $40 Million

November 28, 2007 | Lebowitz & Mzhen

In Maryland, the family of 7-year-old Gerard Mungo Jr. filed a personal injury lawsuit against the Baltimore Police Department for $40 million. Police arrested the boy on March 13 for sitting on a motorized dirt bike parked near his home.

According to the personal injury lawsuit, the bike was not in operation at the time the boy was sitting on it and was parked in front of a home close to where he lives. Gerard’s family is accusing a Baltimore police officer of “maliciously and unreasonably grabbing Gerard by his shirt collar and dragging him off the bike.” Dirt bikes are illegal in the city of Baltimore. The police officer that handcuffed the boy to the bench has reportedly said the arrest would not have happened if the mother hadn’t called the police.

The lawsuit describes how police officers and the boy’s mother, Lakisa, started yelling, while the boy ran to his room. He was later handcuffed and transported to the Eastern District police station. Gerard was not charged with committing any crime.

A great deal of local media attention followed the arrest. Approximately 10 days later, Baltimore police entered the home of a Dinkins relative and placed a gun to the head of Lakisa’s 14-year-old son. They arrested Lakisa and police held her for several hours. Baltimore police released Lakisa and did not press any charges.

Baltimore police say the raid of the home was part of a drug probe. The personal injury lawsuit, however, alleges revenge for the publicity caused by the bike arrest.

Mungo’s family is asking for $40 million in compensatory and punitive damages for false arrest, false imprisonment, assault and battery, irreparable personal injury to the boy, and pain and suffering to the family.

Police Brutality

If you or someone you love was injured because a police officer used excessive violence or engaged in some other type of misconduct, you should speak with a Washington D.C. or Maryland personal injury lawyer right away.

Even though law enforcement officers are allowed to use physical force when required in certain situations, they are still obligated to follow the laws and cannot use excessive violence when dealing with individuals and suspects. Unfortunately, many acts of police brutality are ignored.

Police brutality is illegal. As a victim of police violence, you may be able to recover personal injury compensation.

City police are sued for $40 million, Baltimore Sun, November 28, 2007
Boy’s family sues over arrest, Examiner.com, November 27, 2007

Related Web Resources:

Police Brutality in the US, Human Rights Watch
Baltimore County Looks To Stop Dirt Bike Violators, WJZ.com, May 30, 2007

Family of Maryland Man Struck by State Trooper Files $15 Million Wrongful Death Lawsuit

November 27, 2007 | Lebowitz & Mzhen

The family of Randy Rakes, a 38-year-old Finksburg, Maryland pedestrian who died last year after he was hit by a police cruiser, has filed a $15.8 million wrongful death lawsuit against Trooper Dale Derr, the police officer who was driving the vehicle, and the Maryland State Police. Rakes had been crossing Hwy 140 on November 28, 2006 in Carroll County when the speeding police cruiser hit him.

Rakes’ family says they are outraged that no criminal charges are being filed against Derr, 23, who was driving 83 mph on the shoulder of the road when his car hit Rakes. According to the Frederick County prosecutor’s office, there is not enough evidence to prove that Derr’s speed caused the deadly crash.

An investigation by the Maryland State Police, however, determined that the fatal accident could have been prevented if the trooper was driving closer to the street’s 55 mph speed limit.

Rakes’ family is appealing the decision not to press charges. They are asking Maryland Governor Martin O’Malley to intervene and demand that charges be filed against Derr.

This week marks the 1-year-anniversary of Rakes’ pedestrian accident death. His mother led a rally for justice for her son on Monday.

Speeding

Speeding is one of the major causes of motor vehicle crashes. In 2005, 214 people were killed in Maryland in motor vehicle accidents involving speeding. The faster a car is moving, the greater the chance of a motor vehicle crash occurring.

One out of every three traffic deaths is a result of speeding. While many speeding-related accidents occur on freeways, close to 50% of speeding-related fatalities occur on roads requiring that drivers ride at lower speed limits.

Maryland has a three-year statute of limitations for filing a wrongful death lawsuit. This means that the wrongful death action must be submitted within three years from the date of death.

Financial compensation for your loved one’s death cannot make up for your loss. It can, however, cover funeral or cremation expenses and other costs associated with the death of your loved one. Even if the party responsible for your loved one’s death is not arrested for the death, you can still hold them accountable in civil court through your wrongful death lawsuit.

Family Protesting Lack Of Charges Against Trooper, WJZ.com, November 26, 2007
Family of Man Killed by Police Car Appeals to Governor, Wtop.com, November 14, 2007
Speeding Statistics, Montgomery County, MD

Related Web Resource:

Maryland Wrongful Death Law

FDA Panel to Investigate Tamiflu’s Impact on the Brain After 55 Children Exhibit Abnormal Behavior

November 26, 2007 | Lebowitz & Mzhen

This week, a Food and Drug Administration panel will review the effect of the flu medicine Tamiflu on the brain. 55 children in the United States reportedly exhibited abnormal behavior and other brain effects after taking the medication. 22 of the cases included serious symptoms, such as delirium, convulsions, and delusions.

Globally, more than 1800 children who have taken Tamiflu showed similar effects worldwide. Five children in Japan died because of psychiatric or neurological problems. Seven adults died because of neuropsychiatric problems.

75% of the 48 million prescriptions for Tamiflu are administered in Japan. Last March, the Japanese government issued a warning that Tamiflu’s use be restricted in young people.

There is no concrete evidence to show that Tamiflu causes problems in the brain or abnormal behavior. Terry Hurley, a spokesperson for drugmaker Roche Laboratories, says flu patients who have not taken Tamiflu also showed these symptoms. However, if a child or adult was injured from taking Tamiflu, he or she may have grounds to file a dangerous drug claim or lawsuit against Roche Laboratories.

Tamiflu is Roche’s number nine best-selling drug and, according to the Tamiflu Web site, it is the “number one doctor-prescribed flu medicine.” The FDA has recommended Tamiflu for use in children and adults over age one. Tamiflu is used as a flu vaccine and to treat flu symptoms.

FDA safety reviewers are recommending that Tamiflu labels be updated to include information about possible neuropsychiatric side effects.

The FDA’s review of Tamiflu comes a little over one month after the makers of several infant cold medicines voluntarily recalled infant cold medicines Dimetapp, Robitussin, Pediacare, Triaminic, Little Colds, and Tylenol because of accidental overdose concerns.

Earlier this month in Chicago, a woman sued Walgreen Co. and McNeil for the wrongful death of her 4-month-old son who died after taking Infant Tylenol Cold Decongestant Plus Cough and Pediatric Drops-Cough Plus Cold, which are two over-the-counter medications.

FDA panel to review Tamiflu’s effect on brain, USA Today, November 26, 2007
Lawsuit alleges Illinois infant died from cold medicine ingredient; mother suing 2 companies, International Herald Tribune/AP, November 14, 2007
Makers Pull Cold Medicines for Infants, CNN.com, October 11, 2007

Tamiflu

Related Web Resources:

FDA Questions the Safety Of Asthma Drugs for Kids, The Wall Street Journal, November 24,2007