Maryland Personal Injury Lawyer Blog

A County jury has awarded $6.2 million to a former musician who, after drinking at a private party, was paralyzed when he dove into an under filled apartment complex pool in 2005. Jurors determined that the man, was 49 percent responsible for his injuries and the owner of the Apartments was 51 percent liable for failing to close a dangerous pool or warn swimmers that water levels had fallen about 1 1/2 feet.

The division of liability means the plaintiff, left a quadriplegic with limited use of his arms, would receive 51 percent of the $12.4 million in damages if the judgment stands. Jurors returned the verdict Monday night after two days of deliberations and a nine-day trial. "We never, ever contested responsibility for him," said his lawyer. "He admitted he made a mistake -- a momentary, thoughtless mistake."

But swimmers also should be able to expect that an open pool is safe to use and the managers of the apartment complex failed to close the pool even though employees noticed that water levels had dropped and even though state and city laws require under filled public pools to be closed.

In addition, testimony showed that the Management company -- which owned the apartment complex when the plaintiff was injured but sold it in October -- did not have appropriate safety procedures in place,the attorney said. The plaintiff was a guitarist, singer and songwriter for a now-defunct band who had moved with band mates two years before the accident. A videotape, shot by a friend and played for jurors, showed a group roughhousing around the pool at 2 a.m. before the plaintiff, then 23, dove into an area that should have been 4 to 41/2 feet deep but instead was 21/2 to 3 feet deep.

Defendant arguedthe plaintiff was solely responsible for his injury because the pool's depth was obvious, signs prohibited diving at the pool and his judgment was impaired by alcohol. Blood tests after the accident showed his blood alcohol level was 0.09, he said. The legal limit to drive in the state is 0.08. The plaintiff's attorney argued that the apartment complex, marketed to college-age residents, condoned pool parties where alcohol was consumed, yet neglected to plan for associated risks.

But the apartment complex attorneys noted that jurors, answering a separate question, also found the plaintiff to be 51 percent responsible for negligence in causing his injury. "If a plaintiff is more responsible for causing the accident, the plaintiff receives nothing," he said. "So we believe there is a conflicting jury finding that we will appeal." He also will ask District Judge to dismiss or reduce the award before he enters a final judgment, which typically takes about a month. Since the accident,the plaintiff has been living in New York, where Medicaid benefits are more generous, but hopes the jury award will let him return to his home.

If you or a loved one has been injured at a playground or at a swimming pool please call me at 1-800-320-08080 for a free consultation or make an appointment at one of my offices located in Baltimore or Rockville.

A major energy co. has been hit with a $7.8 million jury verdict in a County Court of Common Pleas civil case involving two subcontractors who were injured when a metal stairway collapsed.

One of the injured men, 58, and his wife, were awarded $5 million, according to a press release sent out by the plaintiffs' attorneys today. The other man,51, and his wife, were awarded $2.8 million. Attorneys for the company could not immediately be reached for comment, and the company has the right to appeal.

The case stemmed from a 2007 accident at a company-owned building.Attorney representing the plaintiffs, said in an interview that the stairway was bolted to a wall with four bolts, and they did not hold when the two men stepped onto it.The plaintiff suffered a permanently frozen right shoulder that was not improved by rotators cuff surgery. The other plaintiff suffered a severely fractured left hip and leg.

The case hinged on whether the energy company had adequately inspected and maintained the staircase over the four decades prior to its collapse, he said. "The jury was insulted that the company failed to accept responsibility for their failure to inspect and maintain this stairwell," the attorney said said.

Premises liability cases are very fact sensetive and as such immediate investigation needs to be conducted to preserve evidence and the premises inspected to avoid spoilation of evidence. If you or a loved one has been injured to due negligence of a company through no fault of your own call my offices in Rockville or Baltimore for a free intial consultation at 1-800-320-0080.

A man paralyzed in a tubing accident sued a ski resort for 25 million dollars.His lawye said the man zipped headfirst down the tubing course through the rubber mats intended to slowhim down and crashed headfirst into a cement wall. The man is now paralyzed from the waist down.
According to the association 39 skiers and snowboarders suffered fatal injuries during the 2008-09 season in which 10 million people skied. But lawsuits for ski resorts are not unusual. This lawsuit argues that the resort was negligent in setting up and operating the snow tube runs and accuses the resort of "failure to design a barrier wall with sufficient safety protection". The lawyer further states that more advanced technology was available but wasnt in place and the existing barier had some pading but lacked sufficient give to save his client.
The lawsuit asks for 25 million in compensatory damages and $350,000 in punitive damages.The 55 year old victim will need a lifetime of care and medical bills and needs a full time aid also.

If you or a loved one has been a victim of negligence resulting in injury please call my office at 1 800 320-0080 for a free consultation.

A jury has found an aluminum bat maker liable for failure to provide adequate warnings as to the dangers of the bat used by a player during a game which resulted in another player's death. The company was ordered to pay $792,000 to deceased estate for the loss of earnings he would have made, and pain suffered before his death.

The 18-year-old boy was playing in a baseball game when another player hit a ball with an aluminum bat. The ball then hit the victim in his temple. He died four hours later. His parents argued that aluminum bats are more dangerous than wooden bats because they allow players to swing the bat harder and faster. The Plaintiff's attorney said that the average time needed by a pitcher to defend a batted ball is 400 milliseconds and the victim only had 378 milliseconds to respond. Witnesses to the incident testified that they were unable to see the ball between the time that it was struck by the batter until it hit victim.

Sports injuries and sometimes fatalities are the most horrible tragedies that any parent or family may have to go through as a result of a company/manufacturers' negligence. The injuries and their causality are very difficult to overcome and with the aid of the right expert knowledgable in these fields a positive outcome may be possible.

If you or a loved one has been subjected to these types of injuries please contact me at my Rockville or baltimore offices at (800) 320-0080 for a free consultation.

A City Council has agreed to pay $2.2 million to the family of a 14-year-old girl who was choked by playground equipment three years ago and suffered an irreversible brain injury and remains in a vegetative state. The victim was found unconscious hanging by the neck from a rope tied to a playground ride.

When a Police Department officer arrived, he concluded that the victim had no pulse and did not cut her down. He instructed first responders to not disturb her because it was a crime scene and he started to take pictures. It wasn't until six to eight minutes later that it was discovered that victim was still alive and she was treated. Her parents argued that the lack of oxygen during that time increased the severity of her brain injury. The City Council decided to settle due to the cost and uncertainty of litigation but did not admit any wrongdoing. Most of the award will go to a special needs trust set up for the victim's care, which is currently at a skilled nursing care facility.

The victim parents also received $7 million from the County Housing Authority who was in charge of maintaining the playground. the victim's doctors believe that she could live for another 16 years.

If you or a loved one has been injured due to negligence of another person or as a result of a defective condition call my offices at Rockville or Baltimore for a free initial consultation at 1-800-32-0080.