Intoxicated Driver Kills Woman & Granddaughter In Baltimore County

Deborah A. Limmer, 60, and Delaney M. Gaddis, 5, were struck by a vehicle and killed recently in Lutherville-Timonium. The Baltimore County Police responded to the scene at approximately 7 a.m. on Girdwood Rd. near Dulaney High School. Callie N. Schwarzman, 22, was the driver of the vehicle that struck the pedestrians after running…

Assisted Living Facility Faces Lawsuits Claiming Medical Malpractice And Wrongful Death

Two separate lawsuits have recently been filed against Phaire’s Care, an assisted living facility located in South Carolina. The first lawsuit is a wrongful death claim alleging that Carlton Phaire, the owner of the facility, was transporting patients when he was involved in a car accident that led to the death of a patient….

Unnecessary Medical Tests Harm Patients

Patients usually assume that the more diagnostic tests performed by their doctor the better, thinking more testing means greater understanding. In reality, unnecessary medical tests cost the country billions of dollars every year and may actually put patients in greater harm. Doctors need to understand when certain diagnostic tests are needed, and…

The 2018 Pennsylvania Traffic Safety Conference In April Addresses Several Safety Concerns

The Pennsylvania Department of Transportation’s (PennDOT) most recently compiled annual data is for 2016. Statewide, there were roughly 129,395 reported crashes, 1,188 fatalities, and 82,971 injuries. In efforts to curb these accidents, the state is hosting their 2018 Highway Safety Conference at Penn State. They have several key topics that are the focus of…

Res Ipsa Loquitur In Medical Malpractice Cases

Sometimes injuries are caused by negligence that was so obvious that not even a lawyer can argue against it. In the law, there is a term for this: Res ipsa loquitur. The phrase is Latin for “the thing speaks for itself.” There are several elements for a res ipsa loquitur claim to…

Jury Awards $545,000 In Damages In Maryland Dog Attack Claim

A jury in Montgomery County awarded $545,000 in damages stemming from a pit bull attack on a 7-year-old girl. The case follows a key Court of Appeals ruling (Tracy v. Solesky) that determined pit bulls to be inherently dangerous and that owners would face strict liability.  The girl was at her father’s home, which was…

Understanding Failures To Comply With Court Orders In Personal Injury Cases

The Federal Rules of Civil Procedure (FRCP) established in 1937 provides a structure to govern civil proceedings fairly. Rule 37 is contained within the pretrial disclosure and discovery rules and last year some changes were made to account for the preservation of electronically stored information (“ESI”). We will look at the procedures relating to…

Drowning Of Two 14-Year-Old-Boys Leads To Florida Wrongful Death Claim

Justin Stephanos and Perry Cohen, two Tequesta teenagers, disappeared on a fishing trip at sea in 2015. The Cohen family filed a wrongful death action recently against Austin’s family citing negligence. The two had been friends for several years and their families participated in recreational activities together in the past. The friendly relations between…

Bus Driver In Washington, D.C. Strikes Pedestrians While Allegedly Distracted By Mobile Phone

Gerard D. James was operating a tour bus when he struck and killed two pedestrians in Washington, D.C. Killed in the crash were Monica A. Carlson, 61, and Cora L. Adams, 85. The two were walking northbound on Seventh Street NW and then began crossing Pennsylvania Avenue. Police claim that video footage revealed that James…

New Electric Scooter Sharing Rental Program In Baltimore: Potential Accident Liability Concerns

Bird is a startup company now offering scooter-sharing in Baltimore. Individuals may use a mobile app to rent these electric vehicles for $1 and then pay 15 cents per minute thereafter. They are battery powered and a good option for those needing transportation for short distances. The scooters initially are in use throughout Harbor…

Gators And Getaways: Tragedy Strikes Popular Disney Resort

The very mention of Disney World is enough to light up the eyes in any child familiar with the legendary studio’s films. Disney World is a theme park associated with the media company of the same name, and is an immensely popular vacation spot for families all around the world, especially those…

Report Claims Many Older Drivers Not Able To Drive Safely

A recent report from the AAA Foundation for Traffic Safety says that many older motorists are continuing to drive despite being unable to operate a vehicle safely. Dr. David Yang explained older drivers are creating significant dangers on the roads. He places responsibility for making the determination of whether an older driver…

Pittsburgh Hospital Tests Positive For Legionnaires’ Bacteria

Two water tanks at Allegheny General Hospital in Pittsburgh have tested positive for Legionnaires’ disease, a dangerous type of pneumonia. The bacteria were found after a cancer patient returned for extra care for a respiratory infection. The discovery of Legionnaire bacteria in the patient prompted an unscheduled inspection of the facility, which…

Hot-air Balloon Pilot Who Crashed Killing 15 Passengers Had History Of Drunk Driving

A Central Texas hot-air balloon pilot’s failure to notice power lines during descent likely was responsible for the deadliest U.S. balloon crash in modern history. Federal investigators believe the 49-year-old pilot, Alfred G. “Skip” Nichols IV, sought to quickly descend through a break in thick clouds, apparently without seeing power lines. Nichols…

Maryland State Police Warn August Is The Most Dangerous Month On Roadways

A report from Nationwide Insurance indicates that August is the month that is most dangerous for motorists. In August 2017 Montgomery County reported approximately 120 accident injuries. It is difficult to definitely say why there are so many accidents in August. This year, the Maryland State Police are assisting the Montgomery County Police Department…

Car Gets Impaled By Logs After Rear-Ending A Truck

A freak car accident in Georgia serves as a reminder that the “victims” in a crash are not always the people who were hurt the most. In fact, in some crashes, the person who got severely hurt was actually the person who was being negligent and caused the accident. In these cases, the person…

Insurance Company Sues Over Drug Prices

Excessively priced drugs make for a common headline these days. 60% of adults in the United States take prescription drugs, and spending on those drugs totaled $424 billion in 2014 and rose an additional 10% in 2015. Earlier this year, the executive of Turing Pharmaceuticals, Martin Shkreli testified before Congress about the…

Late Night Booze Cruise Crashes In Baltimore Harbor

A Baltimore harbor pier sustained damage late last month after it was struck by the Spirit of Baltimore as the ship was returning to the dock after a late-night cocktail cruise. The incident occurred at about 2:30 a.m. and damaged 60 feet of pier. The vessel reportedly only sustained cosmetic damage. More…

Personal Injury Cases Involving Distracted Driving Increasingly Lead To Larger Awards & Settlements

Most states in the U.S. have acknowledged the “epidemic” of distracted driving and established some legislation aimed at reducing the unnecessary consequences including property damage, injuries, and even death. The majority of the accidents involve the usage of mobile devices while operating a vehicle. This which should come as no surprise because many people are using their devices constantly. …

Are Doctors Dismissing Women With Brain Tumors?

A recent article published by The Guardian presented frightening information that could (and probably should) be alarming to all women. According to a study conducted by the Brain Tumor Charity, women with brain tumors are being dismissed at alarming rates when they attempt to seek medical intervention for symptoms. Women who presented…

Family Of Maryland Man Brings Wrongful Death Suit Following White-Water Rafting Accident

Alison Parker has filed a lawsuit following the death of her husband, James Abromitis, who was killed while on a commercial rafting trip on the Roaring Fork River in Colorado. The claim against Aspen Whitewater Rafting (AWR) includes allegations of wrongful death, fraud, gross negligence and a violation of the Consumer Protection Act. She…

Jury Delivers $700,000 Verdict In Georgia Injury Case

A fall can be particularly harmful to a person the older they are. According to the National Council on Aging, fall injuries are the leading cause of fatal injury and most common cause of nonfatal traumatic injuries in seniors. Not to mention, falls in older adults are somewhat common, as 25% of…

The Dangers Of Public Transportation

Public transportation allows many people to get around the city, without having to sit through traffic, deal with parking, or risk a car accident. For others, public transportation may be their only way to get to work or school. However, passengers of public transportation across the country are still at risk of…

Is The FDA Changing Its Mind About The Promotion Of Off-Label Drugs?

Before medications are placed on the market for distribution and sale, they must undergo a comprehensive and meticulous approval process. As a part of this process, pharmaceutical companies are required to submit explicit evidence that medications are safe for consumption and effective for its intended and prescribed use. As with most industries,…

Popular Legging Manufacturer Sued For Making Activewear That Reportedly Tears As Easily As “Wet Toilet Paper”

At least two lawsuits were filed against legging manufacturer LulaRoe after the company continued to ignore the complaints of dissatisfied customers for months. According to the lawsuits and the accounts of tens of thousands of consumers, the leggings are prone to ripping and tearing quite easily. A few years ago, women everywhere…

8-year-old Drowns On Cruise Ship

Last week, an 8-year-old boy drowned after falling into a pool abroad a Royal Caribbean cruise ship off the coast of New Jersey. The death comes in a string of almost a dozen drowning or near-drowning accidents on cruise ships in the last two years. Many cruise ships have large public pools…

City Protected By Immunity After Several Personal Injuries Occur From Tripping On Uneven Bricks At City Hall

The Boston City Hall property has a plaza where the walkway is made of bricks that have been poorly maintained. A woman was injured after a fall and filed a complaint with the city; however, the city rejected it based on their state-granted immunity from actions for personal injury. Another woman fell several…

Large Fleet Of Pedal-Assisted Electric Bikes Taken Out Of Service Amid Safety Concerns

Lyft recently removed their fleet of pedal-assisted electric bicycles from major cities including San Francisco and Washington D.C. There was a wave of reports that the front braking system was causing riders to be propelled over the handlebars of the bikes. The recall efforts were initiated voluntarily by the organization. Often these actions are…

Disney Responsible For Harrison Ford’s On-Set Injury

Harrison Ford was almost crushed to death while filming Star Wars: Force Awakens and this week a British court held Disney responsible for the injury. On June 12, 2014, Ford was in England on-set of the Star Wars film. Ford was not aware that the set of the Millennium Falcon was live during…

Does My Insurance Cover Physical Therapy After An Accident?

Physical therapy can be a beneficial treatment for patients after an injury accident. Injuries sustained in a car accident, slip and fall injury, or workplace accident can cause head, neck, or back injuries which can make it more difficult to move around or do regular daily activities.  Even if physical therapy does…

Settlement Reached In Kentucky Medical Malpractice Case Involving TV News Anchor And Local Hospital

Dawne Gee, a news anchor for Louisville’s WAVE 3, has apparently reached a settlement agreement in a medical malpractice case stemming from negligent treatment she endured at Baptist Health Hospital in Louisville. In May 2014, Gee went to the hospital seeking treatment for leg pains and a potential blood clot. Reportedly, the…

Police Departments All Over The Country Are Being Sued For High-Speed Crashes

All across the country victims of car crashes are suing police departments. While pursuing fleeing criminals, police officers are sometimes endangering other drivers. In Tucson, Ariz., this month, a man injured in a multi-car crash filed suit against the city saying officers chasing a fleeing felon “exercised negligence and gross negligence in…

Diabetic Commercial Truck Drivers

The Federal Motor Carrier Safety Administration is the central agency that regulates the trucking industry in the U.S. They recently released a report stating that rules have been updated to allow those with insulin-treated diabetes mellitus (ITDM) to drive commercial trucks for interstate exchange. In the past, there was a requirement that a special…

Pennsylvania Natural Gas Supplier Facing Lawsuit Following Fatal Explosion

UGI Utilities Inc. is among those facing allegations in court stemming from a natural gas explosion in Millersville. The Pennsylvania Public Utility Commission alleges that the company failed to follow procedures. Many of the details of UGI’s full response have been delayed because the National Transportation Safety Board is still investigating the…

Pennsylvania Personal Injury Case Where Fan Was Struck By A Baseball

Wendy Camlin is the plaintiff in a personal injury suit in Allegheny County Common Pleas Court that involves injuries she sustained as a spectator at a Pittsburgh Pirates game after being hit by a foul ball. The defendants in the claim included the Pittsburgh Pirates, the Sports & Exhibition Authority, Major League Baseball (MLB), and…

Cosmetic Surgery Malpractice In Miami

With more and more people choosing to undergo surgery to fight an obesity problem, or to correct a perceived flaw in their appearance, plastic surgery has seen a huge spike in the number of procedures undertaken in the U.S. However, whether it is a stomach stapling or a butt implant or a…

Patient Awarded $500,000 After Being Mocked And Insulted By Medical Staff While Sedated

Typical malpractice cases usually involve a doctor or medical staff making a mistake. Whether it be the act of prescribing the wrong medication or misdiagnosing an illness, malpractice cases oftentimes involve a physical act of negligence. But what happens when a medical professional mistreats a patient, not by their actions, but by…

Report Suggests Automobile Insurance Rates Are Surging For Washington D.C. Motorists

The Washington Post reports that rates of auto insurance are increasing at double the rate of inflation. The average estimated premium nationally is $1,427. According to consumer advocacy groups, insurance companies are utilizing Big Data to determine rates for drivers. The data, based on factors such as credit ratings and levels of education, are most…

Family Sues Over Kickboxer’s Death

A case as been filed over the death of a Milwaukee, WI kickboxer, who lost his life after an amateur fight in 2014. The family of Dennis Munson Jr. has filed a wrongful death case against several defendants including the event promoter, the ringside physician, the gym where Munson trained, and Munson’s…

Cyclist Hit By Valet Awarded $38 Million For Injuries

Late this past December, a jury in Seattle awarded a cyclist and his wife $38 million, 4 years after he was hit and injured by a valet driver who was cutting across traffic illegally. The bicyclist, Thyce Colyn, suffered traumatic brain injury and leg and pelvis damage requiring multiple extensive surgery over…

Doctors Practicing Defensive Medicine To Avoid Lawsuits

Medical malpractice related costs have taken a considerably large toll on the American healthcare system for years. These costs persist directly through skyrocketing malpractice premiums, which translates to higher expenses for patients and insurance companies. Moreover, they affect the healthcare system indirectly by prompting medical professionals to recklessly practice defensive medicine. A…

National Secure Your Load Day In June Emphasizes Roadway Safety

National “Secure Your Load Day” is now recognized across the country on June 6th in response to tremendous safety concerns. It began in 2004 with the death of Maria Federici, a 24-year-old, when a large particle board fragment flew from a truck in front of her and smashed through her windshield. The AAA Foundation for…

E-cigarettes Are Explosively Popular

The e-cigarette is a helpful tool for smokers. It provides the nicotine of a cigarette, but without all of the toxins and carcinogens normally associated with tobacco cigarettes. An e-cigarette, or “vape” as it is commonly known as, relies on a re-chargeable battery to heat up flavored liquid to the point of…

Telemedicine Technology Helps Doctors See Patients In Antarctica

Technological advances are helping doctors assist patients in new and innovative ways. One of these advances has been the increasing use of telemedicine. Telemedicine is defined by the American Telemedicine Association as “the use of medical information exchanged from one site to another via electronic communications to improve a patient’s clinical health…

Mother Suffers Severe Burns From Faulty Hoverboard

Last year hoverboards took the world by storm when they hit the market. Debuted as a battery powered self-balancing scooter, the toy was coveted by all demographics, young and old. Celebrities were spotted riding the scooter down the street or dancing on it at parties, making the product even more desirable to…

Glass Cooktops Recalled Due To Fire Risk

Tens of thousands of glass cooktops sold under a variety of popular brands have been recalled due to the fact that they are apparently able to turn themselves on, posing a fire and burn hazard. According to the U.S. Consumer Product Safety Commission, 26,300 glass cooktops were recalled this week. The cooktops have been sold…

Simple Web Based Tool Reduces Medical Errors

Many doctors and surgeons are reluctant to admit that they could be involved in a medical mistake that injures a patient. However, the statistics show that medical errors are common in all types of medical treatments and surgeries. According to a research letter published in the Journal of the American Medical Association…

Understanding “Tail Coverage” In Medical Malpractice Insurance For Physicians

Physicians may be changing employers or practice settings in today’s volatile health care market more than ever before. In scenarios that involve terminating, changing, renewing or extending a “claims-made” medical malpractice insurance policy, there may be a concern to address known as tail malpractice coverage. Tail coverage protects physicians from claims that…

Major Liability Concerns As More Businesses Offer Delivery Service

A recent Barron’s report suggests the volume of food ordered online is likely to rise by 20% per year and by 2030 sales may exceed $300 billion internationally. Food delivery has progressed well beyond simply pizza; in fact, delivery accounts for approximately 10% of sales at McDonald’s locations that offer the service. Delivery has…

Risk Of Surgery: Fire

Patients worry about many things as they head into surgery. Will the procedure work? What if something goes wrong? What if I wake up during surgery? What if I don’t wake up ever? But of all the things that run through your head when you are having a surgical procedure done, seldom…

Stay Safe On The Roads This Winter

As the temperature begins to drop this winter, you will want to watch out for any and all road hazards that could mean accident and injury for you. Winter road hazards can result in severe accidents. On the East Coast, winter weather shows up most frequently beginning in late January all the…

Non-Economic Damage Caps Up For Debate In Oregon

When a plaintiff is successful in proving a defendant’s liability in a personal injury case, they are then able to recover both economic and non-economic damages. Economic damages refer to an amount of money centered around the monetary losses incurred as a result of the injury. Usually economic damages include medical bills,…

Nissan Class Action Denial Reversed By Higher Court

A federal appeals court reinstated a proposed California statewide class-action lawsuit accusing Nissan of installing defective hydraulic clutch systems, which can cause a clutch pedal to stick to the floor. The suit was filed by a San Jose man, who claimed he had to spend more than $700 to replace the clutch…

Liability From Injuries At Political Rally Venues

We are in the midst of the emotionally charged political election season, which is drawing massive crowds for rallies, conventions and events. On the presidential campaign trail it has been common for venues to be filled to capacity, with thousands of people turned away. Fire marshals are on-site regulating the number of…

Overview Of Civil Procedure Regarding Juries & Verdicts In Personal Injury Cases

According to the American Bar Association, only a small percentage of personal injury cases go to trial, as the majority are dismissed or settled prior. The Federal Rules of Civil Procedure (FRCP) is the framework the majority of local courts use in crafting their own procedural rules. Once an action has progressed through pleadings, pre-trial, and discovery,…

Snowmobiles Accident Results In Federal Lawsuit

During the cold and snowy winter months, millions of people across the country flock to the great outdoors to participate in various recreational activities such as ice skating, sledding, skiing, snowboarding, and snowmobiling. These activities can be great fun, but unfortunately accidents happen each year. One such accident occurred two years ago…

Illinois Jury Awards $148 Million To Woman Paralyzed By A Collapsing Bus Shelter

A jury in Cook County Illinois recently awarded the biggest verdict against ever against the city of Chicago in a personal injury case. Tierney Darden, a 26-year-old from Vernon Hills, was left paralyzed from the waist down after a bus shelter at O’Hare International Airport collapsed amid a storm. Judge Clare McWilliams announced the unprecedented…

Philadelphia Jury Returns Verdict In Favor Of Defense In Slip & Fall Case

Carmen Ruiz, 54, brought a premises liability claim against Thomas Jefferson University Hospital (TJUH) in Philadelphia after a slip-and-fall accident in a hallway. She claims to have slipped on a liquid and injured her right shoulder. The claim states that the defendant was negligent in allowing for a dangerous condition on the property and…

Pennsylvania Highway Safety Law Awareness Week Was February 18th – 24th

Pennsylvania hosts Highway Safety Law Awareness Week in February (this year it was the week of the 18th). The program is facilitated by the Pennsylvania Department of Transportation (PennDOT) and the Pennsylvania State Police. PennDOT is a critical part of policies and safety that relate to public transportation, highways, airports, railroads, and others. The program seeks…

Crane Collapse In NYC

Manhattan is famous for its skyscrapers. The island boasts some of the most iconic high rise buildings in the world including the Empire State Building, the Flatiron Building, and One World Trade Center. Constructing these impressive buildings is no small feat of engineering. Among the equipment used to build such impressive structures…

“I’m Sorry About That” – Apology Laws

A term that is relatively common within medical malpractice law is that of apology laws. Apology laws pertain to situations where health care providers, who have injured patients as a result of their medical negligence, take the time to sympathize with the injured party and their families without the act being used…

Will I Lose My Personal Injury Case Award Settlement If Filing For Bankruptcy In Maryland?

The American Bankruptcy Institute’s data for 2016 indicated that there were 11,287 cases of Chapter 7 bankruptcy in Maryland. Victims in severe personal injury cases are likely to experience financial problems as often their income may fall due to an inability to work; meanwhile, they may be accumulating significant medical bills and…

Preparing For Testimony In A Personal Injury Case

At some point during your personal injury or medical malpractice case, you may be called upon to testify. This could be in a deposition or it could be at trial. In rare cases, you may be required to testify at a pretrial hearing. While the situations may be different, there are many…

Pennsylvania Supreme Court Rules On Negligence Claim Involving Employer Duty To Exercise Reasonable Care

The Pennsylvania Supreme Court ruled that when an employer’s stored data is breached exposing employee’s personal information, it is a failure in their common law duty to exercise reasonable care. The decision changes the way litigation regarding cybersecurity will be handled. The University of Pittsburgh Medical Center (UPMC) failed to protect sensitive…

Class Actions And Corporations

Reuters reports that Home Depot recently reached a settlement agreement in a class-action lawsuit brought by consumers over the massive data breach in 2014, though the agreement must be approved by the federal court. The data breach occurred between April and September of 2014 and affected many customers in the United States…

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