Deck in Columbia, MD Townhome Community Collapses, Injuring 5 People

             Last night, a Columbia townhome deck collapsed with several people on it.  Five people were injured in the accident when the wooden deck completely detached from the back of the home.  Pictures of the scene show the entire deck intact with patio furniture scattered about.  The five people injured luckily did not suffer life-threatening injuries.  The cause of the collapse is still under investigation.

            

            Last month, a report was released identifying a staggering number of deck and balcony collapses since 2003.  The deadly balcony collapse in Berkeley last month triggered a closer look at this deadly phenomenon.  Approximately 6,500 people have been injured in these deck collapses nationwide since 2003, with 29 of these people dying from their injuries.  Experts say one reason for these collapses is due to the vulnerability of these structures to dry rot.  If dry rot is left untreated, these decks and balconies become weak, which then increases the risk that the structure’s support can fail and lead to a collapse.  Dry rot of wood occurs when water gets into a poorly ventilated area of the wood and is never repaired.

             

            The deck involved in this Columbia collapse is made of wood, which brings the possibility of dry rot as a cause of the accident.  Liability in this type of case could fall on the builder of the townhomes or the property management company if either party failed to regularly inspect the decks, especially if other instances of decks collapsing exist and neither party rectified the problem.

If you or someone you love has been injured in an accident caused by the negligence of another person or a failure to maintain safe premises please call us today at (301) 854-9000 to set up an appointment at one of our office locations located in Columbia or throughout the rest of Maryland for a free case evaluation or visit us online: http://www.portnerandshure.com/Personal-Injury/Premises-Liability.shtml

MARC Train and Dump Truck Collide in Silver Spring, Maryland

            During yesterday afternoon’s rush hour, a dump truck and a MARC train collided in Montgomery County between the Silver Spring and Kensington train stations.  The cause of the crash and the fault, if any, is not known at this time.  Fortunately, nobody was seriously injured, and all 600 passengers aboard the train were unscathed.  The truck driver was the only person injured, and luckily for him, the injuries were minor.

            

            The intersection of Forest Glen Road and Seminary Road in Silver Spring is just outside the Capital Beltway (I-495).  It is certainly possible that the dump truck stopped on the train tracks because of traffic since this collision happened during rush hour.  Drivers should never stop on train tracks because accidents similar to this one can occur.  If there are several cars stopped in front of you with train tracks in between, it is always best to stop short of the tracks just in case a train does come through.  The train track crossing where this accident occurred does have caution lights and a bar to keep cars from driving through when a train is approaching.

            

            Another possible cause of the crash could be the train conductor driving too fast and not being able to slow the train down in time when the truck was spotted on the tracks.  Many things are possible here, but it is unlikely that this collision was not attributed to either the train conductor or the truck driver.  One or both of the parties involved must have been at fault for such a horrific crash to occur.

If you or a family member has been injured or killed due to the negligence of another driver and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Silver Spring or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Silver Spring Doctor Who Broke Wrist in Hospital is Awarded $4.4 Million by Jury

             An incident dating back to November 2010, when Dr. Vikramaditya Reddy slipped and fell on a waxed floor at Holy Cross Hospital in Silver Spring.  According to Reddy’s attorneys, there were no signs visible that warned him of a slippery, just-waxed floor.  Reddy brought suit against Crothall Healthcare, Inc., the company responsible for training and supervising hospital employees in proper maintenance of the facility.  The largest part of the damage award is for future lost wages because as a result of the injuries sustained in the fall, Dr. Reddy can no longer perform the types of surgeries as part of his medical practice.  The award was calculated as follows: $3.7 million for future lost wages, $561,000 for past lost wages, $39,000 for past medical expenses, and $33,000 for noneconomic damages. 

The jury found that Crothall Healthcare failed in warning about the hazard of freshly waxed floors and the risk of injury associated with it.  Crothall Healthcare continued to deny any responsibility for causing the accident, but the jury found that because they were responsible for training hospital employees in proper facility maintenance they should be the ones held liable for the lack of warning signs for waxed floors.

Property owners have a responsibility to maintain safe premises for others who are on their property and a duty to warn visitors of potentially hazardous conditions.  When they fail to keep their property safe and fail to warn of unsafe conditions, such as a waxed floor, they can be held accountable for injuries that result.  In this case and in most cases just like it, the victim is often awarded significant damages as compensation for injuries.

If you or someone you love has been injured in a slip and fall or has died as a result of their injury suffered in a Maryland accident, and would like more information, please call us at (301) 854-9000 to schedule an appointment for a free case evaluation at our Silver Spring office or one of our many other offices located throughout Maryland, or visit us online at: http://www.portnerandshure.com/Personal-Injury/Premises-Liability.shtml

Settlement: Police Crash into ATV While Trying to Apprehend the Driver

          In March 2013, Michael Lewis was driving a four-wheel ATV on Karen Boulevard in Prince George’s County, Maryland at the same time that two police cruisers were driving in the opposite direction.  Lewis was driving the ATV on a public road without a helmet, and as a result, the police officers tried to pull him over.  During this attempt, one police car crossed over the double yellow line in the direct path of the ATV.  The first police car narrowly missed hitting the ATV, but the second police car crashed into the ATV.  Lewis sued Prince George’s County because he claimed the police used excessive force and that is the cause of his accident injuries.

            

         Trial for this case began on Monday, and Lewis’s attorneys argued that the police officers used a special tactic called “heading off,” which is only allowed to be used when attempting to stop a violent suspect.  Lewis was only breaking basic local traffic laws.  PG County officials claim the incident was a “miscalculation resulting in an accident.”  All 16 traffic citations were dismissed after the accident.

            

         Yesterday, Lewis and his attorneys accepted a settlement offer from PG County.  The amount of the settlement was not disclosed, but Lewis’s attorneys said their client was “fairly compensated for everything he has been put through.”  Because a settlement was reached, the trial does not continue and the County never has to accept any liability for the accident.  The uncertainty of trial likely prompted the County to try and settle the case out of court.

In personal injury cases similar to this one, where both sides cannot agree on a settlement before trial, there is still usually a high probability of a settlement being reached before trial is over.  Oftentimes, the party at fault in the accident does not want to risk having trial completed and leaving everything in the hands of a judge or jury.  In a settlement agreement, the at-fault party does not accept responsibility for the accident, but instead usually just offers to pay the injured party a sum of money.  Once a case gets to trial, attorneys fees start to increase rapidly and most clients do not want to rack up a large number of legal fees.

If you or a family member have been injured or killed in an accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Greenbelt or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Wrongful Death: Fatal Rockville Accident Sunday Night

         Late last night, a head-on collision killed one person and seriously injured another.  The crash took place on Muncaster Mill Road just past Colonel Zadok Magruder High School in Rockville, Maryland.  As of right now, police know that a man driving a black 2014 Ford Focus was travelling south on Muncaster Mill Road when he collided with a white Ford Taurus that as travelling north.  The driver inside the Ford Taurus did not survive the crash, and the 34 year old driver of the Ford Focus suffered serious, but non-life-threatening injuries. 

Police are still investigating the crash to find out why the driver of the Focus crossed over the yellow lines into oncoming traffic.  Alcohol has not been ruled out as a factor in the crash.  Police are asking any witnesses to come forward to help them understand the cause of the accident.

Fatal car accidents happen far too often in Maryland.  The state’s Department of Transportation has set a goal of zero deaths on Maryland’s roadways and continues to work tirelessly to improve the roads and make them safer for drivers.  Losing a loved one in a fatal car accident is devastating for any family.  No amount of money will ever replace losing that person.  In a wrongful death case, the law allows for surviving estates to collect a financial recovery when a negligent party is held liable for the cause of the death.  Compensation for damages can include: loss of services, loss of future income, mental anguish, medical expenses, funeral expenses, and punitive damages.

            If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Rockville or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Litigation News May 2015

              Just recently, Portner & Shure won a $19,513 verdict for our client who was injured in a car accident in Prince George’s County because of a red light dispute.  The Defendant claims that he had the green arrow, but our client alleges that the other driver only had a solid green light.  A solid green light compared to a green arrow means that the driver making a turn must yield to oncoming traffic before turning.  After bringing in a traffic light sequence expert, it was determined that based on the timing during the incident in question, our client’s allegation that there was a solid green light was correct.

Seatbelt Safety: Deadly Teen Accident in Howard County

          With prom and graduation season in full swing, the worst has happened for a Howard County family: losing their 18 year old son.  Garrett Bonin of Howard High School was about to wrap up his senior year with prom one night away and graduation just weeks away.  Sadly, Garrett did not survive from a car crash Friday night as his car overturned on Old Frederick Road while driving home from a friend’s house.  Police say speed was a factor in the accident, as well as the lack of using a seatbelt.  Normally, Police in these types of single-car accidents expect alcohol to be a factor, but that was not the case here.

            There is never a good time to lose a child in an accident, but it is even more devastating when it happens so close to major life events: high school prom and high school graduation.  This tragedy might have been avoided if a seatbelt was being worn.  Drivers are constantly reminded about wearing seatbelts in the car and the life-saving benefits of using them.  Not only is it required by law, but it should be second-nature to get in the car and put your seatbelt on.  Again, we want to remind teenage drivers, as well as all other drivers on the road to use your seatbelt in the car.  There have been several accidents over the last few weeks where drivers or passengers in the car have been killed in a crash because they were not wearing their seatbelt.  Tragedies such as this one can easily be avoided with something as simple as wearing a seatbelt.  No family should have to go through losing a son, daughter, brother, or sister so close to a milestone in life just because a seatbelt was not being worn.

            For Garrett’s family and friends, this is such a devastating loss.  Garrett’s sister, Elise, plans to accept his diploma at graduation in his honor.

            Please, let’s avoid another deadly teen accident where a seatbelt is not used.  Parents, remind your teen drivers to use a seatbelt in the car.  Seatbelts can save lives.  Data from Maryland shows that around 91% of all drivers wear a seatbelt.  Compare that to only 78% in Virginia.  These statistics should be much closer to 100% because seatbelts have been proven to reduce the risk of serious injury in an accident by half.

If you or someone you love has been injured in a car, truck, or bus accident or has died as a result of their injury suffered in a Maryland crash due to the negligence or fault of another driver, please call us at (301) 854-9000 to schedule an appointment for a free case evaluation in our Columbia office or one of our other offices located throughout Maryland, or visit us online to learn more about car accidents at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml  

Ford Recalls Over Half a Million Vehicles in the U.S.

            The recall is for steering issues mainly, but there are a smaller number of issues due to complications with other parts of the affected vehicles.  The largest group of cars affected includes Ford Fusion and Lincoln MKZ sedans from model years 2013-2015, as well as 2015 Ford Edge Crossover vehicles.  This group of cars is affected by potential steering issues where gear motor attachment bolts may break due to corrosion.  If this happens, manual steering would take over and it would be very difficult to steer, especially at slower speeds.  When this happens, the risk of an accident increases substantially.  Thankfully, no accidents or injuries have been reported as a result of this specific issue.  If you have an affected vehicle, take it to your Ford or Lincoln dealer and they will replace the bolts and steering gear at no cost to you.

            Other issues are affecting 2014 model year Ford Focus, Edge, Escape, and Transit Connect vehicles, as well as 2014-2015 Ford Fiesta cars.  These vehicles have a nickel plating issue that could cause the fuel pump to seize, which means the vehicle might not start or could stall while driving.  So far, there has been one such case where this has happened to a driver.  Again, dealers will take care of this issue by replacing the fuel delivery module. 

            2015 Lincoln MKZ sedans are also affected by parking lamps being too bright for regulations and negatively affecting the vision of oncoming drivers.  Software in the vehicle contributes to this problem and dealers will fix the software to lower the intensity and brightness of the lights.  The last issue affects 2015 Ford F-150 trucks.  There is a potential that the underbody heat shield could lead to a fire.  So far, no incidents have been reported due to the bright lights or the fire hazard for trucks.

            Vehicle recalls are very serious because of the increased risk of accidents and injuries.  It is important for car owners to get these recall issues repaired as soon as possible for their own safety and the safety of others on the road.  If injury occurs as a result of the defective parts in your vehicle, you may be entitled to several legal remedies, including:

• Economic damages: you may be able to recoup lost value of the car's resale value. You may also be able to recover for loss of use of the car
• Personal injury recovery: if the defective automobile resulted in physical injuries to you, you may be able to recover for the costs associated with the injury
• Class action: If the recall has affected enough numbers of consumers, a class action lawsuit might be an available option
• Manufacturer reimbursement: Some auto manufacturers may voluntarily pay repair bills the defective product caused before the recall.

  Sometimes, however, you may need to initiate litigation to be compensated for your financial as well as your physical losses. At Portner & Shure, we have handled these cases for over twenty years for Maryland and Virginia injury victims. We have the experience and technical resources to analyze your auto accident case, answer your questions, and pursue the compensation you deserve.  Call us today to schedule an appointment at one of our many office locations for your free case evaluation at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

April 2015 Case Result

Recently, Portner & Shure recovered $115,000 for its client in a workers’ compensation case.  Our client was working on a jobsite when another person operating a skit steer used for paving backed up into his right leg.  The machine ran over our client’s foot and leg, eventually leading to an amputation below the knee of the right leg.  The accident occurred in Gaithersburg, Maryland, but our client’s employer was a Virginia company.  After extensive negotiations and several medical examinations being conducted, our attorneys were able to settle the case for $115,000.

Riverdale, Maryland Police Looking to Catch Distracted Drivers

           Drivers in Riverdale, Langley Park, and Fort Washington should be on the lookout for increased police patrols in the coming weeks.  April is Distracted Driving Awareness Month, and as a result, Maryland police officers are trying to catch drivers who are using their cell phones while driving.  Officers will not hesitate to pull drivers over if they look like they are not paying full attention to the road while behind the wheel. 

            For the past week, police have been targeting drivers near the toll facilities in the state.  The Maryland Transportation Authority considers distracted driving as “any activity that could divert a person’s attention away from the primary task of driving.”  This includes using a handheld cell phone to make a phone call, text, or use any other application.

            If police catch you for a first offense, the fine is $83.  However, if you are caught for a third time, the fine is $160.  Additionally, if a crash occurs, points may be added to your driver’s license.  The strictest penalty is imposed when a distracted driver causes a serious or fatal accident ($5,000 fine and up to one year in prison).  According to Maryland’s MVA, “Distracted driving is involved in 58 percent of total crashes and half of all fatal crashes statewide.”  Studies also show that a driver is three times more likely to be involved in a crash wen reaching for a phone and looking for a number.  Texting while driving doubles the likelihood of being in an accident.

            Your phone calls and text messages can wait, but your life and the lives of others cannot.  Far too many people are killed in accidents every year caused by distracted drivers using cell phones and not paying attention to the road. 

If you or someone you love has been injured in a distracted driving car, truck, or bus accident or has died as a result of their injury suffered in a Maryland crash, and would like more information, please call us at (301) 854-9000 to schedule an appointment for a free case evaluation at our Silver Spring office or one of our other Maryland offices, or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml  

Maryland’s Civil Suit Damages Cap Increase Will Take Effect October 1, 2015

           Late last night, the legislative session for Maryland in 2015 ended.  One of the more newsworthy bills to pass in both the Senate and House is the Local Government Tort Claims Act, which increases the civil damages cap from $200,000 to $300,000 for harmed individuals and an increase in the total amount of damages in a single lawsuit from $500,000 to $600,000.  Assuming Governor Hogan signs off on approval of the bill, this new law will take effect October 1, 2015.

            This is certainly a step in the right direction for injured victims, but still is not enough to fully compensate those suffering severe, debilitating injuries where medical costs can easily exceed one million dollars over the span of one’s life.  With a cap at $600,000, injured victims will likely not be able to afford necessary medical care for the entirety of their lives.  Prior to the official passage of the bill yesterday, Maryland Senator Bobby Zirkin made comments last week expressing his disappointment in the very small increase in the damages cap.  Senator Zirkin said, “The $300,000 limit…would not even cover the medical expenses of many individuals harmed through the negligence of a government agent such as a police officer.”

            As a Maryland personal injury law firm that has represented numerous clients in cases involving civil damages over the last twenty-five years, we are happy to see legislators recognize the need to increase the cap, but also agree with Senator Zirkin in that the increase is not enough.  Oftentimes, our injured clients have suffered catastrophic injuries and require expensive medical care and treatment for the rest of their lives.  A maximum of $600,000 in a single lawsuit will not cover these expenses.

            If you or a loved one has been injured or killed as a result of the negligence of a local government employee and would like to schedule an appointment at one of our office locations in Columbia or throughout Maryland to meet with one of our attorneys for a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

 

Maryland Senate Considers Bill that Doubles Civil Suit Damages Cap

          Maryland’s civil suit damages cap has been a hot topic recently after Maryland’s Court of Appeals ruled that the lower court in Espina v. Jackson correctly reduced the jury’s award of $11.5 million to $400,000 ($200,000 for wrongful death and $200,000 for injuries suffered).  A new bill that would double the cap that local governments would pay to plaintiffs in civil suits ($200,000 increased to $500,000 for individual claims and $500,000 increased to $1 million for total awards from a single case).  House Bill 113, the House version of the bill, passed last month.  This week, the Senate Judicial Proceedings Committee backed the bill and it could go to a vote before this year’s session is over.

            Proponents of the bill make the same argument that Espina’s attorneys made in the Court of Appeals: “the current law is outdated and those who have been wronged by the government should receive a proper remedy.”  Those opposing the bill argue that by increasing the cap, local government budgets could be “strained” by “frivolous lawsuits.”  It is interesting to note that the current cap has been in place for 27 years without a single increase.

            Espina and her attorney testified in favor of House Bill 113 in a recent Senate Committee hearing.  When the cap was initially created in the 1980s, the purpose was to make sure cities were not being bankrupted in “suits involving civil rights.”  Today, society has changed since the 1980s, and victims of police brutality and other incidents involving state employees deserve adequate compensation and offenders need to be held more accountable for their actions.

            With the Court of Appeals’ holding coming out just weeks ago upholding Maryland’s cap on damages in civil suits, it appears more difficult for this bill or any similar bill to pass in this year’s session.  But, it will still be interesting to see what, if anything, happens with House Bill 113 or the Senate version of the bill.

            If you or a loved one has been injured or killed as a result of the negligence of a local government employee and would like to schedule an appointment at one of our office locations throughout Maryland to meet with one of our attorneys for a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

UPDATE: Maryland Court of Appeals Upholds Cap on Damages in PG County Police Brutality Case

           Back in January, the Espina family challenged Maryland’s cap on damages when suing a local government employee.  Manuel Espina was fatally shot by a Prince George’s County police officer in 2008, and as a result, a jury found that the officer acted with malice and awarded the family $11.5 million in damages.  However, with the cap in place, that award was only limited to $400,000.  This case had been closely watched as the Court of Appeals heard arguments and made its decision.  Although Maryland’s Court of Appeals had upheld the cap on damages several times before, some thought this might be the case that would change the Court’s pattern of upholding the damages cap.  Unfortunately for the Espina family, the Court of Appeals upheld the cap on damages in a 7-0 decision.

            The County argued that doing away with the cap would subject the County to use taxpayer money in making payouts.  That would take away substantial amounts of money from projects that would improve the County’s infrastructure.  On the other hand, the Espina family’s attorneys argued that keeping the cap on damages would never deter local governments from combatting police brutality and it would not stop officers from repeated misconduct either.

            With the Court’s ruling yesterday, Maryland victims suing a local county or city government will still be subjected to a cap on the amount of damages they can recover.

            If you or a loved one has been injured or killed as a result of the negligence of a local government employee and would like to schedule an appointment to meet with one of our attorneys for a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/