Recently in Municipality Negligence Category

June 14, 2011

Police sued for unlawful taser use.

A victim of police brutality sued a state trooper in federal court, claiming she shocked him with her Taser during a traffic stop, while he was sitting in his car and asking to speak to his lawyer. The victim claims that the Highway Patrol Trooper pulled him over while he was driving. She checked his license and other paperwork and then asked him to take a breath test for alcohol because she smelled alcohol in the car. The plaintiff said he wanted to speak to his lawyer before taking any tests, according to the lawsuit. He claims that the trooper pulled out her Taser and threatened to deploy it if he did not get out of the car. As a Maryland personal injury lawyer we have seen and investigated many similar cases on behalf of injured victims.

When he asked her not to fire the Taser, the trooper pressed it against his arm and fired. After the victim recovered, he again said he wanted to speak to his lawyer, the suit claims. Without further commands or warning, the trooper deployed the Taser on his arm again, he claimed. The lawsuit states that the Trooper threatened to fire the Taser again and arrested the plaintiff when he refused to take a field sobriety test.

The lawsuit claims the Trooper used excessive force and violated the victim's constitutional rights. "We know that troopers do get sued from time to time," he said. The defendant remains employed as a state trooper at the present time the spokesman said.

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June 6, 2011

Man awarded $650,000.00 in car crash with police

A man collided with a police officer's patrol car on an icy morning has settled his lawsuit against the city for $650,000.The victim, 51, was driving in the neighborhood when a police officer lost control of his car and struck the victim's pickup truck head-on. As a Maryland automobile accident lawyer we regularly represent victim's who have been seriously injured in such cases.

The officer was driving at the posted speed limit in the northbound lanes of the South bridge when his vehicle slipped on a patch of ice, according to the police report on the accident. The officer was not heading to an emergency call, authorities said.

The victim suffered injuries to his chest, neck, back and abdomen in the collision, according to the lawsuit. He has since returned to work at a bottle-making factory but still has headaches and other ailments, said his lawyer. In his lawsuit against the city, the victim sought more than $1 million in damages. The suit was settled late last month.

Senior Assistant City Attorney said in a court filing that the "City concedes it is liable for any damages or injuries" that the victim sustained in the crash. Chief of the Civil Division at the City Attorney's Office, said the settlement "avoids the risk of trial and fairly compensates the injured party." The police spokesman said he couldn't comment on whether the officer went through retraining as a result of the accident. He said the officer still works at the department.

The attorney said the victim worked "really hard" to recover from his injuries. "The money will go to pay for his past and future medical expenses, as well as his pain and suffering," the lawyer said. "I'm hoping that the city addresses, through training and policies, any actions that are important for the public safety," the attorney said. "My understanding is that in taking responsibility the city was looking into the actions of their officer in making sure this type of incident didn't happen again."

If you or a loved one is injured in an automobile accident call my office for an appointment at either my offices in Rockville or Baltimore to set up an appointment by calling 1-800 320-0080 for a free consultation today.

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April 6, 2011

Pedestrian's Death Results in $3 Million Jury Award

A Circuit Court civil jury awarded $3.3 million to relatives of a woman killed by a motorist as she walked on a stretch of road that did not have a sidewalk or guard rails.The jury found the state liable in the wrongful death lawsuit, and voted to award $2.5 million to the victim's daughter, who was struck and killed by a motorist. Her daughter was two at the time of the accident. The victim was walking on the road when a car veered onto the shoulder and struck her and a friend. As a Maryland pedestrian accident attorney I have followed and represented individuals in pedestrian accident cases similar to this case.

The friend died at the scene. The victim, who was five months pregnant, died at a hospital. So did her unborn child. That section of road, also known as Route 4. is maintained by the state. The attorney who represented the victim's family in the lawsuit, told jurors that the accident was preventable. On the block that the victim's were walking, there is a sidewalk at both ends of the street -- but also a gap of about 200 feet where there is no sidewalk or guard rails. The two victims were struck as they walked in that section.

The attorney told jurors that state officials should have provided a sidewalk, guard rails, or a combination to improve safety for pedestrians.In addition to the award for the victim's daughter, the jury also awarded $800,000 to her mother. The assistant attorney general who defended the state in the civil trial, declined to comment on the verdict.

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December 7, 2010

Disabled man Injured While Entering Bus

A company that also operates buses in the Washington region have been ordered to pay $6.4 million to a quadriplegic man who was injured while getting on a bus.
The victim was being hoisted onto a par transit bus in April 2008 when his wheelchair rolled backward off the platform and dropped him 6 feet into his head. The accident caused severe brain injury.
The plaintiff's lawsuit over the faulty lift named the city and Transportation company, which operates the par transit system under contract. The newspaper reports that a jury determined last week that the transportation company will pay 83 percent of damages and the city 17 percent.A spokeswoman says the city acknowledges some responsibility. The company's attorney declined comment.
On its Web site, the Transportation company says it offers services at more than 100 locations in 24 states. If you or a friend has been injured due to negligence of others call me at 1-800-320-0080 for a free consultation.

October 20, 2010

City settles lawsuit for $1.2 million police abuse case

A major city has agreed to pay $1.2 million to settle a lawsuit filed by a woman who suffered third-degree burns when a "flash-bang" grenade thrown by a police officer on the city's SWAT team exploded near her during a raid. The victim suffered burns over 11 percent of her body and was permanently disfigured as a result of the incident, which happened during a search of the home she was visiting. The victim, now 31, accused police of needlessly using an "extreme level of force" when they lobbed the grenade into the house. Without admitting wrongdoing, the City Council voted unanimously in closed session Tuesday to approve the settlement. The victim's attorney, said there had been no reason to use the flash-bang grenade because police had previously searched the home without using the device and should have known that the occupants would have been sleeping. The two shotguns were found in the garage, and the victims were not armed, he said. Neither woman was arrested. "This was a real tragedy," the attorney said. "The conduct of the police was reprehensible." The lawsuit against police stemmed from his arrest on drug charges. Police who subsequently searched the home reported finding 216 live rounds and a magazine for an assault weapon. But prosecutors dismissed the case after determining that the Officer had falsely stated on a search warrant affidavit that the alleged narcotics seized during his arrest had been confirmed as actual drugs. It was one of a series of allegedly false statements by police seeking warrants. The policeman and three other officers were fired. One officer has since regained his job through arbitration.

Police should have known that the flash-bang grenade, which is typically used to disorient dangerous suspects, could severely burn or otherwise injure an innocent bystander, the attorney said in a suit filed last year in U.S. District Court. When detonated, such grenades emit a loud noise and blinding flash. He also said that police had conducted the raid to retaliate against a man who had connections to the home because he had filed a class-action lawsuit three days earlier accusing officers of falsifying search warrants. City officials denied any link between the suit and the raid, saying the SWAT team had been called in because police believed people in the home were gang members armed with guns. Two shotguns and cocaine and heroin were found during the search, police said. But the city acknowledged that a flash-bang grenade that a 10-year veteran, fired toward an unoccupied hallway hit a wall and bounced back into the living room where the victim had been sleeping, burning her on her chest and leg. She spent nearly a month being treated at the Hospital and incurred medical expenses of $400,000. A second woman was also hurt and has received a $45,000 settlement from the city. Police said they had fired the flash-bang grenade because the victim opened the front door as they approached and then shut it, forcing them to break it open.

If you or a member of your family or a friend has been subjected to any abuse or personal injury at the hands of authorities call my offices located in Rockville an/or Baltimore at 1-800-320-0080 for a free initial consultation.

October 7, 2010

Man receives $6 million for Fallen Tree Limb

Kenneth Matlock received a $6 million award for injuries he suffered when a large tree limb dropped onto his car in 2006. While traveling down Route 29 in New Jersey, a limb from an oak tree fell into his car. Matlock and his wife both suffered broken necks from the limb. Matlock then lost control of the car which ended up hitting a guard rail on the opposite side of the road. Due to his injuries, which include permanent disability, Matlock was no longer able to work as a truck driver. Matlock sued the township, the county and the state Department of Transportation which maintains the road as well as the adjoining property owners. It was determined that the tree was in the state's right of way and the suit against all other defendants was dismissed. The land where the tree was, had been underwater days before the accident when the Delaware River flooded for the third time in 21 months. The tree that fell had been weakened by the flooding and rot. The limb was hollow inside. There had been previous reports in the area of falling tree limbs and the DOT had the opportunity to inspect the other trees that posed a potential hazard to motorists. If you or a loved one has been involved in a serious accident through no fault of your own contact me at my Rockville or Baltimore offices at 1-800-320-0080 for a free initial consultation.