The accident occurred in a mine in Grantsville, Maryland, according to the U.S. Mine Safety and Health Administration. According to an official, the man was standing in front of a "scoop" bucket, putting supplies into their proper place. The operator of the scoop did not know he was there, and it moved approximately 5 feet before the victim could tell the operator to stop the machinery. The employee wound up trapped between the scoop bucket and the roof of the mine.
]]> A representative of the company that operates the mine reportedly told a state official that the machine operator stopped and moved the equipment as soon as possible after the accident so that emergency personnel could remove the man from the mine.After the accident, officials from MSHA's regional office closed the area of the mine where the accident happened and immediately launched an investigation.
In all, 40 people work in the Grantsville mine, which opened for production in June 2011.
The man likely will need time off from his work for his back to heal from the injuries he sustained. Representatives of the mine should provide him with information about workers' compensation. From reports, the accident does not sound like his fault, which means he should be entitled to some form of compensation.
Source: Cumberland Times-News, "Man injured in mine with Johnstown ties," Jeffrey Alderton, May 10, 2012
]]>The accident, which occurred in Jacksonville, Maryland, just north of Baltimore, happened as the truck, hauling 45,000 pounds of milk, drove southbound on Jarrettsville Pike near Dulaney Valley Road. A Volkswagen Jetta, traveling north, lost control and wound up in the southbound lane, where it struck the tractor-trailer, The Jetta flipped and landed in a ditch.
]]> The truck crashed into a tree before flipping onto private property. The owner of that property said in the few years he has lived there, he has seen at least 10 accidents on what he heard was legendarily known as "Dead Man's Curve." A thick fog also reportedly obstructed the curve that day.The driver, age 46, and a 24-year-old passenger died at the scene. Another 25-year-old man died at the University of Maryland Shock Trauma about six hours after the crash.
The tractor-trailer driver, 43, also was taken to the hospital for doctors to evaluate him for possible leg and rib injuries. The owner of the trucking company said the company would see to it that he got counseling or whatever support he needed after the fatal accident.
The relatives of the victims should not discount the danger of the road as they ponder whether to file a civil suit against the government agency that is responsible for the road design and maintenance. It appears that more should be done to limit collisions at that point.
Source: Baltimore Sun, "Two dead in tractor trailer crash in Baltimore County," Jeff Hager, May 4, 2012
]]>On one side stands the family of the three victims and their supporters. On the other side is the driver, who claimed a judge wanted to make an example out of him, as well as community members who said his lapse in judgment should not define him.
]]> The accident occurred May 14, 2011, after the driver, now 21, and friends left a gathering in Montgomery County, Maryland. The driver lost control of his Toyota Corolla, sending it into a tree in the early hours of the morning. Despite his three friends being injured at the scene, the driver vanished into the woods. He still had a blood alcohol content of more than twice the legal limit after police found him hours after the crash.The man admitted in court that he was guilty of three counts of vehicular manslaughter, along with failing to remain at the site of a crash in which the possibility of fatal victims existed. However, the driver said his initial sentence of 20 years in prison resulted from the judge's attempt to take a stand against what the driver called attitudes about young people driving dangerously.
Three Montgomery County judges agreed to reduce his sentence from 20 years to eight, meaning he could be out on parole as early as next May
The decision left the parents and friends of the three who died with shock and anger. While the parents acknowledge their children also had been drinking that night, they said the driver never should have been behind the wheel nor should he have run off as his friends lay dying.
The parents of the victims could consider filing a civil suit against the driver to give them another way for their voices to be heard.
Source: WUSA9, "Sentence of Kevin Coffay reduced from 20 to eight years by review panel," April 20, 2012
]]>The accident occurred as the women's car attempted to cross Poplar Grove Street at West North Avenue. The driver fleeing from police barreled through a red light, hitting the passenger side of the women's car. They were returning home from the store after a stop for food and diapers. The older woman was driving.
]]> Police said an officer spotted the man driving erratically, and he sped away as the officer tried to pull him over. The chase went on for five blocks before the man's car collided with the other car.The younger woman died of internal injuries, and her mother sustained a broken arm. The baby was taken to the hospital as a precaution. The accident came just two weeks shy of the baby's first birthday. The mother and her child lived with the woman's mother.
Family and friends of the young woman said they did not understand why the police officer persisted in chasing the driver. Police officials said that under normal protocol, officers report that they are in pursuit of a suspect and receive instructions as to whether they should continue or stop.
The accident likely will remain under investigations for weeks. Prosecutors will decide whether the man should face any charges. After the accident, the man tried to run away. When police caught up to him, they found him with crack cocaine, according to reports.
An official of the city's police union said the people who try to elude police are to blame for accidents related to chases. Still, family members said they would not give the police a free pass, believing the chase ultimately caused the accident and the woman's death. But something else to consider is that the man could have simply pulled over.
Source: The Baltimore Sun, "Woman, 22, killed in crash with man eluding police in W. Baltimore," Justin Fenton, April 17, 2012
]]>Nearly eight years ago, the man was 16 and admitted to a hospital in another mid-Atlantic state. After a series of tests, an on-call oncologist at the hospital told the young man and his family that he had acute leukemia. The doctor ordered the chemotherapy, which began two days later under another oncologist's care. Two weeks later, the young man was transferred to a nationally known cancer center, where he underwent radiation, more chemotherapy and a bone marrow transplant.
]]> The young man recovered from the leukemia but found himself sterile. He sued the original on-call doctor and the first hospital, contending they committed medical malpractice by failing to disclose to him that the chemotherapy could cause sterility. The initial doctor also did not give the young man and his family the option of banking his sperm for the future, according to the lawsuit. At the trial, the doctor said that she has discussed sperm banking with men suffering from leukemia in the past but did not discuss it with this man.Doctors who subsequently treated the young man and the second hospital were not named in the suit.
During the discovery phase of the trial, the judge dismissed the lawsuit, stating the young man was required to show, for the case to proceed, that he had suffered emotionally because he cannot father a child. The judge said the man did not show such distress when he gave his deposition at age 19.
The appellate court reversed the dismissal, stating that the trial court erred in ruling that the entire case hinged on the man's level of distress. The appellate court ruled that the man's sterility qualifies as a medical disability that does not need to be quantified emotionally.
Source: Leagle, "Brodsky v. Osumkwo," April 10, 2012
]]>Police said the man had told them he was late for his nephew's birthday party, so he traveled at speeds of nearly 90 mph at times, passing cars in an erratic fashion. His Mercury Cougar crashed head-on into a Toyota Corolla carrying four people.
]]> He pleaded guilty to reckless driving. Prosecutors said the man could not face more serious charges because he was not under the influence of alcohol or drugs at the time of the accident. But that does not mean that he was not driving dangerously and negligently. He could still be held liable in a personal injury lawsuit.According to officials, the man sped down the westbound side of Marley Neck Boulevard in Glen Burnie at 88 mph. He passed several cars, and at least two drivers told police the man had cut them off.
As he crossed the passed another car, he collided with the Toyota. He did not have his seat belt fastened and was ejected from the car, which led to serious injuries.
The driver of the Toyota received minor injuries, but his wife, mother-in-law and preschool-age daughter sustained injuries that required hospitalization.
His wife suffered a brain injury that required surgery and the removal of part of her skull. The prosecutor said the woman has yet to recover fully. Her mother, then 69, sustained a broken leg and hip and now requires a cane to walk. The child has since made a full recovery from injuries, which included several skull fractures and cuts to her face.
Source: The Capital/HometownAnnapolis.com, "Man pleads guilty in reckless head-on crash," Heather Rawlyk, April 6, 2012
]]>The man was struck early on a Saturday morning as he attempted to cross the street. Police in Baltimore County said the driver -- who they believe was driving an older car, silver or white in color -- did not stop. Just the same as pedestrians are expected to obey road crossing signals, drivers have a responsibility to be on the lookout for pedestrians. And they should always stop and render aid when striking someone.
]]> The force of the crash propelled the man into a grass embankment, where he hit a tree root, then onto a sidewalk. He died at the scene.The man's father called the driver a coward for his failure to stop and help. The father said he had not received the details surrounding his son's death and did not know why he was walking near campus at the time. But that isn't important. The young man should have been able to walk safely without worrying about being hit.
The student achieved in the classroom, posting a 3.6 grade-point average, according to his father. The young man had considered pursuing his master's degree and then perhaps working as a stock trader.
The father said he had not seen his son since Christmas break but was looking forward to an Easter visit from him. The young man wanted to share stories of his recent spring break trip to Mexico.
Source: The Baltimore Sun, "Hit-and-run victim identified as a Towson University student," Peter Hermann, March 31, 2012
]]>On Aug. 8, 2011, a 19-year-old employee was killed after he fell about 40 feet from scaffolding while working on housing barracks on a military base. At the time of the accident last year, a spokesman at the base said the man died at the site. It was not known how long he had worked for the company.
]]> Following its investigation, the U.S. Department of Labor's Occupational Safety and Health Administration discovered deficiencies at the site. It wrote four citations, including some for violations labeled as serious, in December. Those deficiencies were: failure to inspect chains on trucks, failure to provide adequate training for employees working on scaffolding, failure to inspect chains on a forklift and failure to properly "tie off" workers who were on the scaffolding.The construction company claims to be one of the largest masonry contractors in the United States, having worked on buildings for major corporations and the government.
OSHA set the fines at $7,000 for each violation, totaling $28,000. A representative for the construction company said the contractor has contested the fines and citations. An OSHA spokeswoman said the agency can amend a penalty after review.
OSHA records show that between 2002 and 2010, the agency had cited the company for six "serious" violations at locations in Maryland, Virginia and Washington, D.C. This incident occurred in Virginia. One of the accidents cited concerned a worker who fell in 2005.
Source: The Free Lance-Star, "Fine for teen's fatal fall at job site is challenged," Rusty Dennen, March 21, 2012
]]>Police said the 48-year-old man rear-ended another car after using PCP on Dec. 16, 2011. He was allegedly speeding when he hit the car transporting a woman and her daughter, who was then 18 months old. Both mother and child sustained serious injuries, and the child was airlifted to a Baltimore hospital.
]]> The man admitted after the crash that he was under the influence of PCP at the time of the accident and uses the drug habitually. A search warrant executed at his home also turned up an assortment of drugs and drug paraphernalia.The man now faces 11 charges in all, including two counts each of causing a life-threatening injury while using a motor vehicle while impaired, two counts of possession of PCP, marijuana possession, aggressive driving, and failing to control his speed.
Prosecutors said the two charges pertaining to driving and causing the life-threatening injury while under the influence of PCP were the strictest available under Maryland law. Each count, if convicted, would carry a sentence of up to two years and or a fine of $3,000. Since the accident, Maryland legislators have introduced a bill named after the child that would raise the penalty for the life-threatening injury charges.
And while the family is likely happy the man will likely do jail time, they can choose to pursue a personal injury lawsuit against him. Medical costs will no doubt continue to pile up, and a lawsuit to help cover those expenses would be another way to get a shred of justice from the man.
The toddler stayed in the hospital for more than two months. She currently is living in temporary housing near Baltimore with her family to remain close to the hospital. Her recovery continues, and her young brain must relearn everything it once knew. Doctors have not yet said how much recovery they expect from the brain injury.
Source: The Dispatch, "New Charges In Baby Ava Case," Shawn J. Soper, March 16, 2012
]]>In Maryland, the prosecutor is required to turn over exculpatory evidence to the Defendant and their attorney. Exculpatory evidence is evidence that is favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. The leading case defining what evidence the prosecutor must turn over actually came from Maryland.
Brady v. Maryland, 373 U.S. 83 (1963), was a United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
Maryland prosecuted Brady and a companion, Boblit, for murder. Brady admitted being involved in the murder, but claimed Boblit had done the actual killing. The prosecution had withheld a written statement by Boblit confessing that he had committed the act of killing by himself. The Maryland Court of Appeals had affirmed the conviction and remanded the case for a retrial only on the question of punishment.
A defendant's request for "Brady disclosure" refers to the holding of the Brady case, and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence to the defense. Exculpatory evidence is "material" if "there is a reasonable probability that his conviction or sentence would have been different had these materials been disclosed." Brady evidence includes statements of witnesses or physical evidence that conflicts with the prosecution's witnesses, and evidence that could allow the defense to impeach the credibility of a prosecution witness.
We at the Greenberg Law Office know how difficult criminal cases can be and realize that you need an experienced lawyer to help ensure that you or your loved one gets a fair trial. If you are arrested for a criminal case, call us immediately so we can help you.
]]>Police officials said they suspect they know part of the story. As the woman headed toward her job in the afternoon rush hour at a fast-food restaurant in Montgomery County, Maryland, two drivers who could have been in a race approached her car, police said.
]]> The woman was traveling eastbound, headed toward her restaurant job in Colesville, Maryland. As one of the cars made a quick change of lanes, the woman tried to avoid an accident. After her move, her Nissan Altima wound up overturning, skidding while upside down and running into a fire hydrant. Before its motion had stopped, the car wound up right side up.The woman died soon after. Her manager said the victim was less than five minutes from work when the crash occurred.
The drivers of two other cars, one believed to be a gray sedan and the other a green Mini Cooper model, didn't stop. Police had not immediately located the drivers and were asking for witnesses to step forward. At the time of the accident, about 4 p.m., several cars likely would have been passing by, police said.
The victim left behind a husband and 4-year-old daughter, as well as two teenagers who live in Honduras with extended family.
Co-workers said the woman had grown into the model employee, overcoming her initial shyness. She eagerly accepted tasks and conversed well with customers and co-workers, letting her friendly demeanor shine through.
When the drivers are found, they could likely face serious charges. And while it may not technically be a hit-and-run, the drivers should have known that they had a duty to stay on the scene and call for help.
Source: The Washington Post, "Montgomery police investigate fatal crash," Dan Morse and Pamela Constable, March 8, 2012
]]>The family of the man, who was a student at Johns Hopkins University at the time of his death in February 2011, is supporting legislation currently under consideration by the Maryland General Assembly to require drivers to pass a competency test, attach eight points to the driver's license of a motorist who doesn't contact authorities in an injury accident, and broaden the scope of who can make organ donation decisions.
]]> The young man involved in the accident, who was from a Baltimore suburb, was riding his bicycle home in a marked bike lane when he was struck by an 83-year-old driver attempting to make a turn. He was pinned under the car for at least 15 minutes. He never regained consciousness until he died nearly six months later from brain injuries.His family maintains a Facebook page in his memory and has developed "Safer Maryland Roads," a brochure that summarizes their work to try to prevent similar accidents.
Johns Hopkins also has become proactive, working to improve safety in some areas around the university where bikers and pedestrians share the road with cars. It also has paid for a broader safety study of certain streets and intersections. Additionally, university officials expect a two-year safety upgrades project for bikers and walkers to start soon.
But this work will go to waste if drivers are not more careful and do not learn that they have to share the road. It shouldn't take any more deaths for the message to get across.
Source: The Baltimore Sun, "Hopkins student Nathan Krasnopoler remembered at candlelight vigil one year after bike accident," Edward Gunts, Feb. 26, 2012
]]>The accident killed a 29-year-old man, who had been released from jail just two months ago; his 24-year-old sister, who had two children; and their 17-year-old brother, who was hoping to earn his high school equivalency diploma.
]]> The accident occurred about 10 p.m. as the sister and her brothers were traveling south along Route 23 when their car veered into the northbound lane and sideswiped another car. The impact caused the siblings' car, a 2003 Chevrolet Cavalier, to spin, and it then was rammed into by a northbound car.The impact of the crash was so severe that the Cavalier split in half. Accident investigators were immediately unable to determine which sibling was behind the wheel of the Cavalier. All three were declared dead at the accident site. Two occupants of other cars were taken to area hospitals. No cause of the accident had been determined.
The three siblings were always together, their stepfather said. They routinely would travel between their mothers' home in Fallston, Maryland, and their grandparents' in Elkton, Maryland. He said they had left his home approximately an hour before the accident and none had used alcohol or drugs before they departed from the house.
The man said his oldest stepson had an artistic flair and was going to open a tattoo shop since he hadn't been able to find a job since his release from jail. His stepdaughter was preparing to return to community college.
But while tragic, if the driver of the Cavalier is given the blame for the accident by investigators, the family could be held liable for any injuries sustained by other parties in the accident.
Source: Baltimore Sun, "They were always sociable, they were fun to be around, stepfather says of Harford crash victims," Bryna Zumer, Feb. 23, 2012
]]>At the Greenberg Law Offices we are there to keep your families safe in tough times, including family law cases.
]]>The accident occurred when the driver of the big rig tried to change lanes too fast, forcing his tractor-trailer to turn on its side, police said. Additionally, police allege the 46-year-old driver had been drinking, and he is now facing a slew of legal charges relating to the accident.
]]> Maryland officials have charged the man with negligent driving, two counts of driving under the influence and failing to maintain his lane. At the same time, he faces a federal charge for violating a regulation that bans drinking before operating a commercial vehicle.At the time of the accident, the driver was hauling 13 containers that each contained 275 gallons of a substance that is added to concrete.
It was just luck that normally heavy traffic near the Baltimore Harbor Tunnel had been stopped at that time for maintenance, police said. Still, diesel fuel from the truck and some of the additive in the barrels dripped and splattered on cars below as they traveled under Interstate 95 once the lane below had reopened. Police said the additive is not a hazardous substance.
The aftermath of the accident caused a big mess. Southbound I-95 remained close for more than seven hours while crews cleaned up the spill. Interstate I-895 could not reopen in either direction for more than four hours.
Police said that any unlucky drivers whose cars were splashed with the substance could wash it off if they got to it before it had a chance to dry. But more importantly, drivers could have been seriously injured. If more of the additive fell and covered a driver's windshield, it could have caused a serious accident.
Source: The Baltimore Sun, "Driver of truck that crashed, leaked additive charged with DWI," Steve Kilar, Feb. 16, 2012
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