Washington DC Injury Lawyer Blog

According to the National Transportation Safety Board, Metro was experiencing systemic issues even before the June 2009 Washington DC train crash that left 9 people dead and injured at least 70 others. The Red Line collision, called the worst in Metrorail’s 34-year history, involved one transit train rear-ending another during rush hour. One train ended up jackknifing and falling on top of the other train.

The Metro’s tracks were not working properly at the time and did not automatically slow down the approaching train. This means that the train operator of that train was getting messages telling her that she could keep going at a speed of 55 mph. She applied the emergency brakes three seconds after seeing the other train. Although the brakes worked, this only gave the train enough time to slow down to 44mph by the time of impact. Now, NTSB Chairwoman Deborah A.P. Hersman is saying that Metro was on a collision course long before this train accident and that its safety system had already been compromised.

Prior to the June 2009 DC Metrorail accident, there had been other fatal crashes that had killed employees. Unfortunately, according to Hersman, Metro failed to implement the needed prevented measures after they happened.

Metro says that it now assesses track circuit performance two times a day, has put into place a new test to find circuits that may be prone to problems, and is no longer mixing train control parts from different makers. Its trains are now being operated manually instead of automatically.

Meantime, the Washington Metropolitan Area Transit Authority is trying to get the Washington DC wrongful death lawsuit, filed by the families of the victims that were killed in the train crash, dismissed on the grounds that the defendant is a “quasi-government entity” that therefore has “sovereign immunity” from such complaints. The families Washington DC wrongful death lawyers are fighting this request.

NTSB: Metro had systemic problems before crash, AP/Google, July 27, 2010

Where crash report leaves Metro riders, Washington Post, July 27, 2010

One Year After Deadliest Metro Train Crash, Families of Victims Oppose WMATA's Motion to Dismiss Washington DC Wrongful Death Lawsuit, Washington DC Injury Lawyer Blog, June 26, 2010

At Least 9 Dead After D.C. Metro Trains Crash, Fox News, June 23, 2009

Related Web Resources:
Washington Metropolitan Transit Authority

National Transportation Safety Board

Although Dylan Ward, Victor Zaborsky, and Joseph Price have been acquitted on charges that that they covered up the 2006 murder of DC lawyer Robert Wone, their legal troubles are far from over. They now must deal with a $20 million Washington DC wrongful death lawsuit accusing them of negligence, conspiracy, and spoliation of evidence.

Wone, a 32-year-old attorney for Radio Free Asia, was stabbed three times in the chest on August 2, 2006 at the DuPont Circle house shared by Ward, Price, and Zaborsky, who are in a polyamorous relationship with each other. The three defendants have always said that an unknown intruder murdered Wone. However, no evidence of a break-in has ever been found and no one was ever charged with murdering Wone.

Zaborsky, Ward, and Price were acquitted of the charges of conspiracy, obstruction of justice, and evidence tampering. However, that doesn’t mean that Wone’s widow, Katherine, doesn’t have a good chance of collecting Washington DC wrongful death recovery from them.

Even the judge that presided over the criminal case said that she believed that the thee men know more about what happened than what they are telling the cops. Katherine Wone is not waiving her right to a jury trial.

In her Washington DC wrongful death complaint, filed in November 2008, Katherine is accusing all three men of reckless, negligent, and intentional acts that contributed to her husband’s death. She also contends that they did not do enough to save her husband after he was stabbed. Investigators have said that the roommates waited some 19 to 49 minutes before contacting 911.

Civil Fight Looms for Defendants in Case of Murdered D.C. Lawyer, Law.com, July 7, 2010

3 men found not guilty in Wone murder mystery, Wtop, June 30, 2010

Wone's Widow Files $20M Wrongful Death Civil Suit, News8Net, November 26, 2008

Related Web Resources:
Summary of State Wrongful Death and Intestacy Statutes, Justice.gov (Pdf)

Wrongful Death, Nolo

As loved ones and friends gathered on Tuesday to mark the one year anniversary of the deadliest DC Metro train crash in the Metrorail’s history, the attorneys for eight of the families gathered in court to file a motion opposing Washington Metropolitan Area Transit Authority’s petition, submitted last month, to dismiss their Washington DC wrongful death complaint on the grounds that because WMATA is a “quasi-government entity” it has “sovereign immunity.” The family of one of the victims, train operator Jeanice McMillan, is not included in the legal action.

The plaintiffs have accused WMATA of bearing no responsibility for the deadly Red Line crash that killed nine people and injured at least 70 others when one Metro train rear-ended the back of another train last June. One train ended up on top of the other, and firefighters had to cut open train cars to rescue some of the victims.

Metro contends that filing the “partial” motion to dismiss is standard and routine in a Washington DC wrongful death lawsuit. It says that it hopes that the case will be “resolved or tried as soon as possible.” The civil trial is tentatively scheduled for September 2011 but Metro wants it delayed until 2012.

Meantime, the National Transportation Safety Board plans to review its final report of its probe into the deadly DC train accident in July. NTSB also says it has made progress in its investigation into three other Metro train crashes.

In February, a Metro train’s front wheels derailed at the Farragut North Station. In January, two maintenance workers died when they were run over by a hi-rail truck that backed into them. In November, a train operator and two cleaning crew workers sustained minor injuries when a train struck a stopped train at a rail yard.

Grief, bitterness at ceremony marking year anniversary of D.C. Metro crash, Washington Post, June 23, 2010

Families: Metro wants suit dismissed, Washington Post, June 22, 2010

NTSB Plans July Meeting On Metro Train Crash Probe, My Fox, May 20, 2010

D.C. Metro Remembers Victims of Its Deadliest Crash, Infozine.com, June 23, 2010

Related Web Resources:

Washington DC Metro Train Accident Death Count Goes Up to 9 Fatalities, Washington DC Injury Lawyer Blog, June 24, 2009

Washington Metropolitan Area Transit Authorityy

National Transportation Safety Board

Kimberly Trimble is suing the District of Columbia, the Metropolitan Police Department, and unnamed cops for Washington DC wrongful death and police negligence, failure to protect, and failure to respond in the stabbing deaths of her sister and nephews. She is also suing Joseph Randolph Mays, who is charged with three counts of first-degree murder in their slayings.

The victims, Erika Peters, 37, and her children Dakota Peters, 10, and Erik Harper, 11, were killed during a domestic dispute in March 2009. Documented injuries included multiple stab wounds to the head, face, (over a dozen to the) chest, and hands for Erika, multiple stab wounds to the chest and a large laceration on the side of the head for Erik, and stab wounds to the head, right ear, and the back of the neck for Dakota.

Mays was Peters’ live-in boyfriend. Police later found him at the murder scene with superficial chest wounds that the treating doctor says appear to have been self-inflicted.

In her DC wrongful death complaint, Trimble noted that even though the Metropolitan Police Department had been called to her sister’s residence before to look into child abuse and domestic violence calls, the cops, who could hear Peters and her children screaming as Mays stabbed them, waited for about an hour to act because they were standing by for permission to break down the door. Also, Trimble says that when the police officers called 911, the operator told them that the call had been made by a screaming child who may have been playing pretend.

Trimble is seeking over $60 million in Washington DC wrongful death and negligence damages.

Cops Dawdled as Kids Died, Aunt Says, Courthouse News Service, March 23, 2010

Charges Are Filed In Triple Stabbing, Washington Post, March 23, 2009

Joseph Randolph Mays: ‘I Told Them To Stop Fucking With Me’, Washington DC City Paper, March 24, 2010

Related Web Resources:
Metropolitan Police Department

Domestic Violence, The National Center for Victims of Crime

The family of Edward Givens is suing the District and Fire and Emergency Medical Services medical director Dr. James Augustine for Washington DC wrongful death. Givens, 39, died of a heart attack in December 2008 just hours after a DC paramedic informed him he was suffering from acid reflux.

The wrongful death complaint holds the defendants responsible for Givens’ death because the paramedic allegedly committed paramedic malpractice. Mishandling documents, incorrectly interpreting medical information, and telling Givens to take Pepto Bismol are some of the actions cited in the Washington DC civil lawsuit.

Six hours after the paramedic’s wrong diagnosis, Givens was dead. The wrongful death complaint says that tests previously taken by the paramedic who treated Givens indicate that the medical worker did not display knowledge meeting the US standard of care for how a paramedic should deal with cardiac conditions and complaints. Givens’ family claims Augustine should have known that the paramedic's skills were not up to par.

Just this April, the Washington Times published an article reporting that dozens of DC paramedics failed to meet the minimum national standard during written and videotaped tests about medical knowledge and basic lifesaving procedures.

Paramedic Malpractice
Paramedics are often the first medical workers to treat patients in the event of an emergency situation. It is important that they are properly trained and can provide patients with the medical care that they need. Proper emergency medical care can save an injured, sick, or dying person’s life.

Paramedic malpractice is a form of Washington DC medical malpractice. Examples of paramedic malpractice include:

• Delayed diagnosis
• Wrong diagnosis
• Delayed ambulance arrival
• Unjustified delays when transporting the patient to the hospital
• Medication mistakes
• Not following proper paramedic treatment procedures

DC sued over heart attack response, Fire Rescue 1, December 9, 2009

Some D.C. paramedics to be retrained, The Washington Times, June 9, 2009

Related Web Resources:
DC Fire and Emergency Medical Services

Maryland Fire and Rescue Institute (MFRI)

The biological dad of a young girl who was murdered and kept in a freezer by her adopted mom has filed a wrongful death lawsuit against the Board of Child Care of the United Methodist Church and the District of Columbia. Michael Muhammed is suing the them for $75 million.

His wrongful death complaint accuses the defendants of failing to protect his daughter from Renee Bowman by neglecting to conduct a background check before allowing her to adopt the little girl. Bowman had a criminal record and a history of financial problems that Muhammed says should have disqualified her as an adoptive mom. His complaint says the District hired the adoption agency to conduct the check on Bowman.

Bowman is charged with the deaths of Muhammed’s daughter Humble and another child she had adopted. She is accused of killing them and storing their bodies in a freezer for at least a year. The bodies were discovered in September 2008 while police were looking into child abuse allegations involving Bowman's third daughter, who had bruises on her body.

This was not the first time someone had reported Bowman for possible child abuse. In 2003, child protective services was contacted over concerns that Bowman was abusing one of her kids. The Maryland Department of Human Resources investigated another child abuse complaint against Bowman in January 2008 but there was no evidence to support that claim.

If you believe that someone else’s negligence caused your loved one's death, you may have grounds for a Washington DC wrongful death lawsuit. Even if defendant did not directly cause your loved one's death, the person or entity may have contributed to it.

Grieving Father Sues Church and DC, Courthouse News Service, November 5, 2009

Earlier Claims Of Abuse Investigated Against Renee Bowman, WUSA9, October 2008

Cops: Md. Mom Kept Dead Kids in Freezer, ABC News, September 29, 2008

Related Web Resources:
Board of Child Care of the United Methodist Church

Wrongful Death, Justia

The family of Cameron Williams, one of the nine people killed in the June 22 Red Line train accident that is being called the worst wreck in the Metro’s history, has filed a Washington DC wrongful death lawsuit for $25 million. Their DC train crash complaint is accusing Metro of negligence and of failing to take the reasonable precautions to prevent the crash from happening.

Williams’s family is also suing Alstom Signaling Company, which is responsible for the circuit that failed to slow or stop the train so that the deadly collision wouldn’t happen. Depending on the National Transportation Safety Board’s findings once it concludes its crash probe, other defendants may be added to the DC train accident lawsuit.

The deadly collision occurred during rush hour close to the Fort Totten stop when one train crashed on top of another train. At least seventy people were transported to local hospitals.

Earlier this month, the Washington Post reported that records indicate that the safety system that is supposed to help subway trains avoid becoming involved in collisions had malfunctioned just months before the June accident. On March 2, a train operator activated the emergency brakes to avoid colliding with another train after there was a problem with the Automatic Train Protection system. A failed component system on the train was identified as the issue. The NTSB is investigating the track circuit as part of its efforts to find out what caused the deadly June train accident.

Possible Causes of Washington DC Train Accidents:

• Operator negligence
• Mechanical failure
• Inadequate maintenance
• Conductor error
• Inadequate training
• Collision with another train, a motor vehicle, or a pedestrian
• Obstructions at rail crossings that prevent the operator from seeing
• Defective railroad crossing warning systems
• Defective train parts

Metro Crash Victim's Family Files Suit, My Fox DC, August 25, 2009

Records: DC Metro safety system failed before, AP/Google, August 9, 2009

Washington, DC Metro Crash: 9 Confirmed Dead, Worst Metro Crash Ever, Air America, June 22, 2009

Related Web Resources:
DC Metro

National Transportation Safety Board

The father and sister of Erica Peters, the woman who was murdered along with her two children in her apartment on March 21, are planning to sue the District for her wrongful death. The plaintiffs are contending that the 911 dispatcher and police may have botched their handling of an emergency call that was made on the afternoon that Peters, along with her sons, Eric, 11, and Dakota, 10, were killed.

Peters reportedly was stabbed more than 20 times. Her two sons were also stabbed. Joseph Mays, Peters' live-in boyfriend, has been charged with all three murders.

Her family also believes that he isn't the only one that should be held liable for the triple slaying. They think that the 911 dispatcher that answered the call made from inside Peters’ apartment may have told a cop that the screams heard over the phone could have been “child’s play.” Her family also thinks that police waited anywhere from 30 minutes to an hour and a half after no one answered the door before breaking into the home.

That is when they found the bodies. Mays, who was also in the apartment, sustained superficial chest wounds. The couple's 2-year-old girl was also there and alive.

Wrongful Death for Murder
If someone you love was murdered, you may have grounds for filing a wrongful death lawsuit against the person that actually committed the crime. There also may be other parties that can be held liable for your loved one’s wrongful death—even if he or she didn’t commit the actual crime. For example, a wrongful death claim can be brought against a premise owner for the inadequate security that allowed for a crime to occur on a property, or police or a city can be sued for wrongful death if negligence on their part allowed for a murder to occur.

Family Suing Over D.C. Triple Murder, MyFoxDC, June 8, 2009

Charges Are Filed In Triple Stabbing, The Washington Post, March 23, 2009

Related Web Resources:
Wrongful Death Overview, Justia

Continue reading "Family Plans for Wrongful Death Lawsuit Against the District for Woman’s Murder" »

Norman C. Penn, Jr., the father of 16-year-old Brittany Jacks, is suing the District for $25 million following her death. Brittany decomposing body was discovered last January, along with the bodies of her three sisters, ages 5, 6, and 11, in her mother Banita Jacks’ southeast Washington rowhouse.

Penn is alleging that the city’s agencies failed to properly handle the complaints that his daughter’s life was in danger and that because of this negligence, his daughter endured physical, mental, and emotional injuries before her death.

He accused the District of failing “to properly train, supervise, control, direct, and monitor its employees in their duties and responsibilities” and wants to know why the D.C. government did not do more to make sure that the girls were living in a safe environment. Penn filed his wrongful death lawsuit in District of Columbia Superior Court.

Banita is being held without bond on murder charges after she was accused of killing her four girls. U.S. Marshalls discovered the decomposing bodies when they went to Banita’s house on January 9 to serve her an eviction notice.

According to investigators, the bodies were so badly decomposed that they have been unable to determine their cause of death or when the deaths happened—although they believe that the girls died months before their bodies were discovered.No one has reported seeing the girls alive since spring or summer last year.

Jacks, 33, told police that her children were possessed by demons and they passed away in their sleep.

D.C. Mayor fired six Child and Family Services Agency workers soon after, accusing them of not doing enough to investigate complaints regarding the quality of care that Jacks was giving her daughters.

In Maryland and Washington D.C., our personal injury and wrongful death lawyers have helped many injured parties recover their losses.

Father of Girl Found Dead in D.C. Home Sues District, Washington Post, April 9, 2008

Forensic Expert to Aid In Review of Evidence In Children's Deaths, Washington Post, April 5, 2008

Related Web Resource:

D.C. Woman: "Demons" Possessed Slain Girls, CBS News, January 11, 2008

Continue reading "Father Sues Washington D.C. After His Daughter’s Decomposing Body is Found in Her Mother’s Home" »

With all the holiday parties that take place at the end of the year, drunk driving incidents tend to occur more frequently—which can be especially dangerous if you live in one of the 15 U.S. states where at least 41% of all traffic fatalities can be attributed to drunk driving.

The End Needless Deaths on Our Roadways (END) group, an advocacy organization led by doctors, has just released its list of 15 U.S. states where the most traffic-related deaths occurred due to drinking. Washington D.C. topped this list, where drunk driving was a cause of 54.17% of vehicle-related deaths.

Who Else Made the List:
· Connecticut
· Hawaii
· Illinois
· Montana
· Rhode Island
· South Carolina
· South Dakota
· Texas
· Washington, D.C.
· Wisconsin
· Alaska
· Arizona
· Delaware
· North Dakota
· Washington

END says that in 2005, close to 17,000 motorists were killed in drunk driving accidents in the US with more than 4,000 of those fatalities taking place in these 15 states. Rankings were determined by data taken from the National Highway Traffic Safety Administration’s reporting system.

The CDC offers the following suggestions to prevent injuries due to impaired driving:

· Sobriety checkpoints. Fatal crashes thought to involve alcohol dropped a median of 22% (with random breath testing) and 23% (with selective breath testing) following implementation of sobriety checkpoints.

· 0.08% BAC laws. Fatal alcohol-related crashes showed a median decrease of 7% following the implementation of 0.08% BAC laws in 16 states.

· Minimum legal drinking age (MLDA) laws. Raising the MLDA, such as from 18 to 21, decreases crash-related outcomes a median of 16% for the targeted age groups.

· "Zero tolerance" laws for young drivers. One study found that fatal crash outcomes decreased 24% after implementation of “zero tolerance” laws (Elder et al. 2002, Howat et al. 2004, Shults et al. 2001, Shults et al. 2002).

END is recommending that medical workers and physicians work harder to identify whether patients have drinking problems. The group also suggested that states increase fines and prison times for DUI offenders, while also penalizing motorists who refuse to be tested for sobriety.

Utah, which has the strictest drinking laws in the U.S., has the lowest alcohol-related deaths rate at 13.12%.

Continue reading "On "Deadliest Drunk Driving States" List, Washington D.C. Ranks #1" »

The family of retired New York Times journalist David Rosenbaum is suing Howard University Hospital and Washington D.C. for errors D.C. police and hospital workers made in their care of Rosenbaum after he was robbed and severely beaten in a Northwest neighborhood in January 2005. The wrongful death case also alleges that there were delayed ambulance response, further delays at the hospital, and misdiagnosis.

The lawsuit says that rescuers mistakenly diagnosed Rosenbaum as being drunk when they found him. Rosenbaum was classified as a low priority and an emergency room doctor didn’t see him until 90 minutes after he was attacked. Just last month, Percey Jordan, 42 was convicted of of second- and first-degree murder, robbery, conspiracy to commit robbery, and five counts of credit card fraud in the death of Rosenbaum, 63. Jordan’s cousin, Michael Hamlin, pleaded guilty to second-degree murder.

A wrongful death case may be filed when a person dies due to the wrongful or negligent conduct of another person or persons. Medical malpractice can also be a reason for filing a wrongful death lawsuit.

Medical malpractice requires evidence that the defendant was negligent or failed to perform their duties in the care of a patient. Medical malpractice in a wrongful death suit can involve delayed diagnosis, misdiagnosis, medical errors, surgical errors, or improper treatment resulting in someone’s death.

Before you can file a wrongful death case, you must be able to:
§ Establish that the victim was indeed killed through negligence.
§ Provide evidence that could justify initiating a wrongful death case.
§ Find the perpetrator. Of course, in many cases, this will be straightforward, but in some cases it might not be obvious as to who is responsible.

You must then find a wrongful death attorney to take up your case. It is important that you hire an attorney who is experienced at handling wrongful death cases and knows the wrongful death statutes of your state. A personal injury attorney can advise you regarding whether it makes sense to file a wrongful death case.

Damages in a wrongful death claim include the survivor's loss of the love, society, affection, and financial support through future earnings and benefits, medical, funeral and burial expenses of the family member who has died.

The personal injury law firm of Lebowitz and Mzhen handles wrongful death and other personal injury-related cases that result due to someone else’s negligence. If you live in Maryland or Washington D.C., contact Lebowitz and Mzhen for a free consultation.

Journalist's Family Files Wrongful Death Lawsuit, NBC4.com, November 20, 2006

Suspect Convicted In Rosenbaum Trial, NBC4.com, October 24, 2006

How To File A Wrongful Death Case, Howtoall.com

Related Web Resource:

Personal Injury, Nolo.com