Washington DC Injury Lawyer Blog

Families of the victims killed in a tragic helicopter crash near Las Vegas, Nevada have filed two lawsuits against the company that operated the sightseeing craft. The crash occurred the afternoon of December 7, 2011 in the Lake Mead Recreational Area near the Hoover Dam, about twelve miles east of Las Vegas. The helicopter, a Eurocopter AS350, was owned and operated by Sundance Helicopters, a Las Vegas-based tour company. Sundance conducts sightseeing tours of the area surrounding Las Vegas. Five people lost their lives in the crash, two married couples and the helicopter pilot, Landon Nield.

The specific cause of the crash remains unknown. Radar tracking data from the National Transportation Safety Board (NTSB) reportedly showed that the helicopter entered an “erratic and abnormal flight pattern” just before it crashed. The pilot did not make an emergency call. The NTSB has determined that the helicopter did not lose power before crashing. The agency is conducting its own investigation into the crash, but it may not have a final report or a determination of what caused the crash for some time.

The first lawsuit came within days, filed on December 13, 2011 in Clark County District Court in Las Vegas. The plaintiffs are family members of Lovish Bhanot and Anupama Bhola, newlyweds from New Delhi, India who died in the crash while on their honeymoon. The suit alleges negligence against Sundance and demands unspecified monetary damages.

A second lawsuit followed on December 29, filed by four children of Delwin and Tamara Chapman of Utica, Kansas, the other victims of the crash. The Chapmans were in Las Vegas celebrating their twenty-fifth wedding anniversary. This lawsuit also claims unspecified damages against Sundance. The same attorney is representing both sets of plaintiffs. He told the Associated Press that he will do joint discovery in the cases but wants to conduct separate trials.

The lawsuits, according to news reports, allege negligence and make claims for wrongful death. Wrongful death is a civil legal claim seeking to hold a defendant liable for the death of a person, usually as part of a negligence claim. Unlike criminal legal matters, which seek punishment like fines or imprisonment, a wrongful death claim only seeks monetary damages.

Continue reading "Two Lawsuits Filed Over Las Vegas Tour Helicopter Crash" »

The National Transportation Safety Board (NTSB) recently released its report on a deadly gas pipeline explosion that ravaged a neighborhood outside San Francisco and killed eight people last year. The NTSB, after reviewing data and testimony presented at a meeting in August and over a year-long investigation, concluded unanimously that fault for the explosion lies with Pacific Gas & Electric (PG&E), one of the largest gas companies in the country. The 140-page report issued by NTSB contains thirty-nine safety recommendations directed not only at PG&E, but also pipeline operators and government regulators. Lawsuits related to the explosion are also preparing for trial next year.

The accident occurred in the early evening of September 9, 2010 in the San Francisco suburb of San Bruno, when a ruptured natural gas pipeline owned by PG&E exploded with sufficient force to make some first responders, residents, and media think an earthquake or plane crash had just occurred. The explosion caused a fire that destroyed thirty-five houses and damaged many more. Three more homes were later deemed too badly damaged and were demolished. The blast created a crater 72 feet long, 26 feet wide, and 40 feet deep. In all, eight people, mostly neighborhood residents, died in the explosions or from burns.

The NTSB’s report describes a “litany of failures” by PG&E and failures in oversight by government regulators, according to a Bloomberg report. It says the problem began over 50 years ago, when PG&E installed substandard pipe with poor welding, then subsequently failed to conduct tests and inspections that would have identified problems in advance. It further blames an inept response by PG&E for the severity of the destruction. PG&E control room operators allegedly did not relay information on the source of the fire to emergency responders or 911 operators, causing responders to still think they were dealing with a plane crash. The absence of emergency shut-off valves on the pipeline also allegedly prolonged the fire considerably.

PG&E’s problems with pipeline explosions do not end with the San Bruno incident. The California Public Utilities Commission approved a record $38 million fine against the company last week for a Christmas Eve 2008 explosion in Rancho Cordova, outside Sacramento. That blast killed one person, injured five, and destroyed a house. A utility employee and a firefighter were among the injured. The fatality was the elderly owner of the destroyed home. The owner’s family reached a confidential settlement with PG&E in 2009. An investigation found that, during a repair in 2006, PG&E installed the wrong kid of pipe in the gas line. It also found that PG&E responded too slowly to a report of a leak the day of the explosion.

Continue reading "NTSB Issues Findings on Deadly 2010 Gas Pipeline Explosion" »

The federal government has agreed to pay $2.5 million to Maureen Stevens, a resident of Lantana, Florida, to settle her lawsuit arising from the 2001 death of her husband, Bob Stevens, in the anthrax attacks that occurred in various cities that fall. The $50 million lawsuit claimed negligence by the government for failing to prevent the attack that killed her husband, citing evidence that a government insider obtained the spores used in the attacks from an Army lab. A settlement was first announced in October, but details only recently became public.

The anthrax attacks occurred in the fall of 2001, a few weeks after the terrorist attacks of September 11. Bob Stevens was a 63 year-old photo editor at American Media, Inc. in Boca Raton, Florida, the publisher of the National Enquirer and other tabloids. He died on October 5, 2001, a few days after opening a letter addressed to the publisher that had been laced with anthrax spores. Bob Stevens’ death was the first of five resulting from similar letters.

Maureen Stevens filed her lawsuit in a Florida federal court in 2003, claiming $50 million in damages for her husband’s death. She alleged that the government negligently failed to secure anthrax spores at the laboratory where they originated, the Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland. She claimed that the Institute had a history of failing to track pathogens and of missing microbe samples dating back to at least 1992. In essence, she alleged that the government had a duty to adequately safeguard dangerous pathogens in its possession, particularly ones known to be deadly to humans, and that the government breached its duty by allowing anthrax spores to fall into the hands of the perpetrator of the attacks. This led directly to Bob Stevens’ wrongful death, according to her lawsuit.

The Justice Department, arguing on behalf of the government, disputed her allegations. It claimed that she failed to prove a direct causal connection between the government’s actions, even its lack of security precautions, and Bob Stevens’ death. The Justice Department at one point unsuccessfully argued to the Florida Supreme Court that the government could not be held liable even if it had allowed the release of dangerous materials. Discovery in the case led to many revelations about security at the Maryland research site and the role of various government employees and officials. Only some of these have become public. The case was set for trial in January 2012 when the settlement was announced.

Continue reading "Government Settles Lawsuit over 2001 Anthrax Attacks" »

The parents of Michelle Fournier, a woman killed in a hair salon shooting that left eight people dead and one wounded, have filed a wrongful death lawsuit against the alleged shooter. The alleged gunman, Scott Dekraai, is Fournier’s ex-husband. The lawsuit asks the court to freeze Dekraai’s assets. According to the family’s attorney, their goal is to obtain compensation for Fournier and Dekraai’s eight year-old son, who is left effectively orphaned by the incident.

The family of another woman killed in the salon, Christy Wilson, has also filed a lawsuit for wrongful death against Dekraai. Her husband alleges in the suit that she “lingered for a ‘significant’ period of time before she died,” and seeks compensation for hospital and funeral costs and loss of “love, care, companionship.” The two lawsuits will likely proceed alongside, but independent of, the criminal prosecution.

Dekraai had taken Fournier to court to modify their child custody arrangement, hoping to get more time with their son. A court-appointed psychologist recommended that the court keep the existing custody plan in place. On October 12, 2011, Dekraai allegedly drove to the salon in Seal Beach, California where Fournier worked, armed with three handguns and wearing a bulletproof vest. According to police and Dekraai’s own statements to police, he shot eight people in the salon, killing seven, including Fournier and Wilson. He then shot and killed a man sitting in a car in the parking lot, telling police later that he thought the man might be a police officer reaching for a weapon.

Police arrested Dekraai shortly after he left the salon. He reportedly offered a full confession to investigators, admitting to all of the shootings and offering explanations for his actions. Prosecutors have charged Dekraai with eight counts of murder and one count of attempted murder, one for each shooting victim. They have announced that they will seek the death penalty. His arraignment is scheduled for November 29.

There are several key differences between the criminal and civil ases. The claims brought by the families for Fournier and Wilson seek civil damages for wrongful death. The criminal case, brought by prosecutors who work for the state of California, seek to punish Dekraai in the criminal justice system. The desired outcome of a wrongful death lawsuit is always monetary damages, while a criminal prosecution seeks fines, imprisonment, or sometimes the death penalty.

Continue reading "Family of Shooting Victim Sues Gunman for Wrongful Death" »

Over the past year, our Washington DC personal injury law firm has written about the civil lawsuit between Kathy Wone and Victory Zaborsky, Dylan Ward, and Joseph Price. Wone is the widow of Robert Wone, a Radio Free Asia attorney who was fatally stabbed at the DuPont Circle residence shared by the three men in August 2006.

Although the Zabrosky, Ward, and Price were acquitted of charges of obstruction of justice, conspiracy, and evidence tampering related to Robert’s death (they have always maintained that he was killed by an unknown intruder), Kathy went ahead and pursued the men in civil court. Now, she and the three men have settled the DC wrongful death lawsuit against them for $20 million.

The outcome of this civil case is an example of how even if an acquittal is the outcome of the criminal case, you can still hold the parties that you believe are liable for your loved one’s death in civil court. Granted, a jury might have awarded Kathy a larger monetary sum if she had decided to go to court. However, in an interview that she gave this week Kathy explained that even if the case went to trial, she didn’t think more information would be shed on what happened to her husband (the three defendants had refused to answer a lot of questions that were posed during deposition). She has also decided to start focusing her energy on moving forward with her life and using some of the settlement money to go toward the causes that her husband believed in.

Who killed Robert remains a mystery. However, court documents reveal that it was likely that the then 32-year-old attorney was drugged so that he became paralytic and then sexually assaulted. He was also stabbed in the chest three times.

Wone family settles $20 million lawsuit against three former D.C. roommates, The Washington Post, August 3, 2011

Acquitted, But Not Exonerated, Metro Weekly, July 1, 2010

Related Web Resource:
Who Murdered Robert Wone

More Blog Posts:
Judge Refuses to Dismiss Washington DC Wrongful Death Lawsuit in Robert E. Wone Case, Washington DC Injury Lawyer Blog, December 9, 2010

$20 Million Washington DC Wrongful Death Case is Next for Three Men Acquitted of Covering Up Dupont Circle Murder, Washington DC Injury Lawyer Blog, July 19, 2010

$10M Prince George’s County Wrongful Death Lawsuit Seeks Damages Over Man’s Fatal Stabbing, Maryland Accident Law Blog, February 28, 2011

While motor vehicle crashes are a leading cause of child fatalities, our Washington DC personal injury lawyers want to warn you of other auto vehicle-related dangers that could put a kid at serious risk. Here are a few of these safety hazards, as identified by the National Highway Safety Administration:

Backover accidents: This usually involves a vehicle backing out of a driveway or parking lot and the driver not realizing that there is a child behind the auto. Backover accidents can prove fatal. Because the vehicle is being operated in reverse, the motorist must take extra precautions to check all viewing mirrors, footage from the backup camera, and perhaps even physically look back to make sure there is no one there.

Power windows: Power windows can entrap a young child’s hands, fingers, feet, neck, or head. It is important to make sure that power window switches have been locked. Otherwise, a child can accidentally activate the switch.

Vehicle rollaway: Leaving the key in the ignition with the vehicle unattended may result in the automatic transmission shifting out of “Park.” This can cause serious injuries to a child left alone in the auto or children outside the car in the event of an accident.

Hyperthermia: According to the NHTSA, heatstroke is the number one cause of non-crash auto deaths for kids under age 14. Already, there have been 21 hyperthermia child fatalities this year. Last year, there were 49 child heatstroke deaths. It is important that young children not ever be left alone in a vehicle—especially in hot weather.

Just this month, the family of one 22-month-old boy filed a wrongful death lawsuit against a day care center because they believe that he was left inside the transport van. With temperatures in the mid-90’s that day, it would have been a lot hotter inside the vehicle.

If your child died in a vehicle-related incident that you believe was caused by another party’s careless, reckless, or negligent acts, contact our Washington DC injuries to a minor lawsuit. Our DC injury law firm would like to offer you a free case evaluation.

Family sues Miami-Dade day care in toddler's death, Sun-Sentinel, July 15, 2011

NHTSA Steps Up Efforts to Prevent Child Deaths in Hot Cars, NHTSA, June 26, 2011

Related Web Resources:
Keeping our Kids Safe, NHTSA

Hyperthermia Deaths of Children in Vehicles, Department of Geosciences

More Blog Posts:
Nearly 800,000 Dorel Child Safety Seats Recalled, Washington DC Injury Lawyer Blog, February 16, 2011

Anne Arundel Accident News: Reckless Driving Blamed in Single-Car Crash that Killed 3-Year-Old, Maryland Car Accident Attorney Blog, July 23, 2011

Toddler and Teen Pedestrians Injured During East Baltimore Car Accident, Maryland Accident Law Blog, July 12, 2010

The family of John Donald Rupp III, a DC Area teenager, is suing Phusion Projects, which manufactures the caffeinated alcoholic drink Four Loko, for his wrongful death. The 15-year-old died when a car hit him near his home last September. His family says that the collision happened after he drank Four Loko, which caused him to become disoriented.

In their wrongful death lawsuit, Rupp’s family accuses the drink maker of negligence and carelessness. They contend that Four Loko “desensitizes users to the symptoms of intoxication,” while upping the risk of injury related to alcohol.

The Food and Drunk Administration has warned that caffeine is not a safe food additive to mix with alcohol. Meantime, experts have said that drinks that have both alcohol and caffeine are associated with high-risk behavior. Weeks after Rupp’s passing, Phusion Project said it would take the stimulants, including caffeine, from its products.

Also a defendant in this wrongful death lawsuit is the RaceWay gas station, where Rupp bought the drink. Rupp’s parents say that the station clerk let their son, who is a minor, buy the drink.

DC Products Liability
If you believe that a food or beverage caused you to become sick or disoriented or behave in a strange manner, you may have reason to file a Washington DC injury claim against the party that sold, made, or provided you with the beverage. Food and drink manufacturers are supposed to make sure that the products that they make are not contaminated or spoiled or contain any substances that could cause serious injury or death.

Prior to the pedestrian accident, Rupp drank two cans of Four Loko. He had been attending a concert and staff there called his mom to ask that she get him because of his “erratic and agitated” behavior. Rupp then left on his own on foot. He either fell or sat on a highway where he was hit by a motor vehicle.

Family Sues Manassas Gas Station After Son's Death, ManassasPatch, May 27, 2011

Maker of Four Loko hit with wrongful death suit, Chicago Tribune, May 19, 2011

Related Web Resources:
Phusion Projects

Four Loko

More Blog Posts:
CPSC Recalls 1M Pool and Hot Tub Drain Covers Because They Pose Drowning and Entrapment Risks, Washington DC Injury Lawyer Blog, May 26, 2011

Wrongful Death Lawsuit Filed Over Elderly Nursing Home Resident’s Salmonella-Related Death from Allegedly Eating Peanut Butter, Maryland Accident Law Blog, January 29, 2009

Mother Sues Crocs for Personal Injury After Son’s Right Toe is Mangled While Riding Baltimore Aquarium’s Escalator, Maryland Accident Law Blog, December 4, 2008

According to WUSA9.com, the family of Julia Bachleitner is suing Chamica Adams for DC wrongful death. Bachleitner, a Hopkins School of Advanced International Studies student from Austria was killed last September in an Adams Morgan pedestrian accident. The 26-year-old student’s family is seeking $20 million from Adams, who was drunk when she drove a car into a group of graduate students. Other defendants include the bar that served Adams alcohol prior to the deadly collision and her mother.

At around 8:30pm on September 8, 2010, Adams, who was making a left turn, drove over a traffic island to accidentally struck Bachleitner and another woman. She then crashed the vehicle into an empty restaurant. The other woman, Melissa Basque, suffered a concussion with a brain bleed, teeth loss, facial fractures, and a compound leg fracture.

Police say that Adams’s blood-alcohol level was almost two times the legal limit. The 24-year-old Mitchellville woman had consumed alcohol at the District Lounge and Grille right before the DC pedestrian accident. The Washington Times reports that there is security footage from the club showing her consuming several drinks and then stumbling out of the place. The C. Fields Group LLC, which owns the bar, is also a defendant in the Washington DC wrongful death case.

Adams, who pleaded guilty to involuntary manslaughter in March, has been sentenced to three years in prison. She will also serve five years probation and supervised release.

With driver negligence a common cause of Washington DC pedestrian accidents, you must work with a law firm that knows how to help you successfully pursue damages from all liable parties. Some pedestrian injuries can be so serious that a person could end up laid up for a very long time, forced to take time off work while dealing with expensive medical and rehabilitation bills. Obtaining DC personal injury recovery can help lift some of the financial pressure off you and your family.

Md. woman gets 3 years in fatal Adams Morgan drunk driving crash, The Washington Post, May 16, 2011

Three Years For Adams Morgan Drunk Driver, WUSA9, May 16, 2011

Related Web Resources:
District Department of Transportation

Pedestrians, Insurance Institute for Highway Safety

More Blog Posts:
Washington DC Pedestrian Accident Involving Allegedly Drunk Driver Claims the Life of 26-Year-old Johns Hopkins University Graduate Student, Washington DC Injury Lawyer Blog, September 15, 2010

DC Injury Lawsuit Filed Against FBI Employee Over Hit-and-Run Car Accident, Washington DC Injury Lawyer Blog, April 6, 2011

Street Smart Program Aims to Prevent Washington DC Pedestrian and Bicycle Accidents, Washington DC Injury Lawyer Blog, March 30, 2011

With the swimming season fast approaching, the US Consumer Product Safety Commission is reminding parents and guardians to exercise caution so that tragic drowning accidents are avoided. Already, the CPSC says there have been 38 near-drowning and 37 drowning incidents in the US this year. The government agency, along with the Y and American Red Cross, are launching a Pool Safety campaign this year to reduce the amount of child drowning accidents in spas and swimming pools.

Considering that about 300 kids under the age of 5 drown annually and thousands of others are injured in near drowning accidents, employing the proper safety precautions will hopefully save lives. To help prevent Washington DC drowning accidents:
• Makes sure that there is a fence around the pool so that kids can’t get in when there isn’t an adult around
• Don’t allow children to swim unsupervised
• Make sure there is someone at the pool that knows how to perform CPR in the event of an emergency

A pool or spa owner can be held liable for Washington DC personal injury to a child if he/she did not make sure that the pool or hot tub is safe for swimmers. For example, if someone drowns at a public pool that should have (but didn’t) have a lifeguard on duty or because the wasn’t properly cleared of leaves and other debris so that it would be easy to spot someone in trouble at the bottom of the pool, the victim or his/her family may have grounds for a lawsuit.

Common causes of pool or spa drownings:
• No fence or pool cover
• Inadequate warning signs
• Lack of rescue equipment in the pool area
• Drain entrapment (Could be grounds for a DC products liability case)
• Inadequate pool maintenance
• No lifeguards
• Defective pool or spa equipment

Our Washington DC injury lawyers represent families throughout the DC area and Maryland.

Pool & Spa Safety Educational Video Transcript, Pool Safety.gov

75 Drownings and Near-Drownings in 15 Weeks, CPSC, April 21, 2011

Related Web Resources:
Unintentional Drownings, Centers for Disease Control and Prevention

Drowning Prevention Fact Sheet, Safe Kids USA

More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010

In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006

Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, August 15, 2008

Continue reading "CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents" »

More than a year after the family of Edward Givens filed a $17 million DC wrongful death case against the District and Emergency Medical Services medical director Dr. James Augustine, a judge says that their lawsuit can proceed under a new statute.

Givens, 39, died on December 2, 2008 after paramedics, responding to call that he was having problems breathing and experiencing chest pains, didn’t take him to the hospital and instead told him that he had acid reflux and he should take Pepto Bismo. He died six hours after receiving the wrong diagnosis. In 2009, his family sued for DC paramedic malpractice and wrongful death.

The District has been combating the lawsuit, claiming that case law doesn’t allow someone hurt by an emergency worker to sue. However, after paramedics didn’t immediately treat New York Times journalist David Rosenbaum because they thought he was drunk (in fact, he was beaten during a robbery), the District settled his family’s paramedic malpractice case. The city council has since passed a statute allowing victims to hold paramedics liable for negligence.

In the Givens’ family’s wrongful death lawsuit, the plaintiff say that the medical worker who treated him lacked the knowledge to provide the standard of care required to treat someone who was suffering from his symptoms. They claim that Augustine should have realized that the paramedic did not have skills to do the job right. In fact, the Washington Times reported in 2009 that numerous DC paramedics did not meet the national standard in tests about basic lifesaving procedures and their medical knowledge.

Just as a good paramedic can save lives, a paramedic who lacks the training and skills to do a proper job can cause serious health complications and even death. Patients are owed a certain standard of care. When failure to provide that duty of causes serious injuries, the negligent medical provider can be held liable.

Family Files Wrongful Death Suit Against DC, MyFox, February 28, 2011

Rosenbaum Lawsuit Settled, The Washington Post, December 21, 2007

Related Web Resources:
$17 Million Washington DC Wrongful Death Lawsuit Filed Against District and FEMS Medical Director Over Botched Response to Fatal Heart Attack, Washington DC Injury Lawyer Blog, December 9, 2009

Washington DC Man Dies After Paramedics Diagnose Acid Reflux, Washington DC Injury Lawyer Blog, December 8, 2008

Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl, Washington DC Injury Lawyer Blog, March 4, 2010

Washington D.C. And Howard University Hospital Are Sued By Family Of New York Times Journalist For Wrongful Death, Washington DC Injury Lawyer Blog, November 28, 2006

Last year, our Washington DC wrongful death lawyers reported on a DC injuries to minors accident linked to a baby monitor cord. Savannah Caroline, 10 months, died last March after she became entangled in the cord. Eight months later, a 6-month old baby died after he too was strangled because of his video monitor’s cord.

Now, Summer Infant and the Consumer Product Safety Commission are recalling about 1.7 million video baby monitors. The recall will allow Summer Infant to provide new on-product warning labels and instructions so that parents and guardians will know where they can place the baby monitor so that it doesn’t pose an injury hazard to kids. Summer Infant is also recalling the rechargeable batteries of another 58,000 video monitors because they pose a possible burn hazard. These monitors were sold at Babies R Us in 2009 and 2010.

Injuries caused by products that malfunction, have design defects, or fail to provide instructions or warnings on proper use can be grounds for a Washington DC products liability lawsuit against the manufacturer. The supplier or seller can also be held liable for DC personal injury or wrongful death for making the defective or dangerous product available for purchase.

Strangulation is an all too common problem when it comes to babies and certain product defects. Manufacturers know this and it is their responsibility to prevent these types of accidents from happening.

Last year, the CPSC provided a Safety Alert warning parents of what to do to keep their kids from strangling in a baby monitor cord:

• Make sure that the cord and the monitor is placed far away enough that the baby cannot reach for it.
• Make sure that the cord is over three feet away from any crib, play yard, bassinet, or sleeping area.
• As your baby grows, constantly check to make sure that he/she still cannot reach the monitor cord.

Two Strangulation Deaths Prompt Summer Infant to Recall Video Baby Monitors with Cords; Firm to Provide New On-Product Label & Instructions, CPSC, February 11, 2011

Big recall of baby monitors linked to 2 deaths, AP/Google, February 11, 2011

Related Web Resources:
Baby Products, Consumer Reports

Recalls

Related Blog Posts:
Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old's Death, Washington DC Injury Lawyers Blog, October 28, 2010

Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued, Washington DC Injury Lawyers Blog, October 23, 2010

Washington DC Injuries to Children: Banning Drop-Side Cribs, Washington DC Injury Lawyers Blog, August 17, 2010

Continue reading "Washington DC Strangulation Accident Prompts Baby Monitor Recall" »

A judge has refused to grant the requests of the three defendants in the Washington DC wrongful death lawsuit filed by Robert E. Wone’s family. Wone, a 32-year-old DC lawyer, was stabbed to death while at the DuPont Circle house where Joseph Price, Victor Zaborsky, and Dylan Ward were living. All three men have been acquitted of criminal charges accusing them of covering up his murder. Wone’s widow Katherine, however, is still suing them for $20 million.

In the DC wrongful death complaint, which she filed in 2008, Katherine is accusing them of committing negligent, reckless, and intentional acts that led to her husband’s death, including a failure to act promptly to save his life. The three men have said that an unknown intruder entered their residence and killed Wone.

Attorneys for the three defendants had petitioned D.C. Superior Court Judge Brook Hedge to drop the civil suit on the grounds that the statute of limitations had passed. However, the judge did not agree with their claim. He noted that the most recent evidence was found in 2008 and was what prompted federal prosecutors to file the criminal charges against the men.

Hedge also turned down the men’s request for a gag order barring case participants from addressing the media. Their lawyers had expressed concern that the jury pool might be tainted by comments from the plaintiffs' side.

In Washington DC, you have one year from the date of death to file your DC wrongful death action. However, exceptions can be granted. With all that needs to be done in order to prepare your case, it is important that you start exploring your legal options as soon as possible after your loved one’s passing.

Judge rejects petitions in Wone trial, The Washington Post, December 8, 2010

$20 Million Washington DC Wrongful Death Case is Next for Three Men Acquitted of Covering Up Dupont Circle Murder, Washington DC Injury Lawyer Blog, July 19, 2010

Related Web Resource:
Wrongful Death, Nolo

Police have charged Michael Glover with negligent homicide in the Washington DC pedestrian accident death of Duffie Claridy, a 71-year-old man who went for a walk but failed to return to his Southeast home.

Claridy, who suffered from Alzheimer’s disease, was found by the authorities on the 2900 block of South Capitol Street SW at almost 1 am on November 8.The elderly pedestrian had been fatally struck by a car that did not stop at the Washington DC traffic crash site.

To “hit and run” is against the law. A DC car accident victim or an injured pedestrian who might otherwise have been saved if medical help had been called right away could end up dying because a motorist involved opted to flee the crash site rather than call the police and/or an ambulance.

Elderly Pedestrians
According to the US Department of Transportation, the chances of dying from injuries sustained during a pedestrian accident goes up with the older the victim. Senior pedestrians, ages 65 and above, have a two to eight times greater chance of dying than do younger pedestrians. In 1994, 15% of pedestrians in the senior age group who were struck by a car died from his/her injuries—that’s 1,249 senior pedestrians. 6,850 elderly pedestrians sustained injuries.

Washington DC Wrongful Death
Losing someone you love is never easy—especially if in an accident or under other circumstances that could have been prevented were it not for the other party’s negligence or carelessness.

Michael Glover charged in the death of Duffie Claridy in Washington, DC, Oye Times, November 13, 2010

Police say man charged with in hit-and-run death of SE Washington resident, The Washington Post, November 12, 2010

Focusing on Senior Pedestrians, US DOT

Related Web Resources:
Elderly Pedestrians, WalkingInfo.org

District of Columbia DMV

Maryland Car Accident Attorney Blog

Pedestrian Accidents, Washington DC Injury Lawyer Blog

Continue reading "71-Year-Old Dies in Hit-and-Run Washington DC Pedestrian Accident " »

The family of two-year-old Stephanie Stephens is suing the city of Washington DC and DC Fire and EMS for her wrongful death. Stephens, who died last February, was allegedly refused medical transport after her parents contacted 911. At the time, she was having problems breathing. Yet it would be another 8 hours, and after Stephens’ condition grew worse and her mother contacted 911 again, before the toddler would finally be transported to the hospital.

Stephens later died from pneumonia. She also had septic shock and a strep infection.

According to the plaintiffs, who are also seeking damages for Washington DC medical malpractice, paramedics that arrived following the first 911 call failed to diagnose any of these health issues.

In their Washington DC wrongful death lawsuit, Stephens’ family claims that the three paramedics that arrived at the scene not only gave the little girl an inadequate examination, but also they refused to transport her to a hospital and were only in the home for 10 minutes.

The plaintiffs contend that DC fire and EMS improperly trained its EMTs and that paramedics have had problems passing training tests. In March, DC Police announced a criminal probe into one of the paramedics that responded to the emergency call. No charges have been filed.

Stephens’ family believes that the little girl would have survived if only the first EMS team had taken her to the hospital. They are seeking compensatory and punitive damages.

If you believe that Washington DC paramedic malpractice contributed to the injuries or illness of you or someone you love, you may have grounds for a DC personal injury claim or wrongful death case.

Family of 2-Year-Old Files Wrongful Death Lawsuit Against DC, MyFoxDC, September 30, 2010

The parents of a Fort Washington man are suing the US Capitol Police for Washington DC wrongful death. They are seeking $50 million in compensatory damages for what they are alleging was excessive use of police force.

According to Leroy and Thomasine White’s Washington DC police brutality complaint, police shot 27-year-old Kellen A. White at least 12 times on July 15, 2009 following a traffic stop.

While US Capitol Police contend that White attempted to flee in his 1999 Mercedes Benz, almost hit two cops, collided with a police vehicle, and shot at officers, his family contends that White was unarmed, did not pose a threat to anyone, committed no crime, and had followed the commands issued to him by police. They are arguing that the shooting was unjustified and excessive.

A July 2009 article on Wtop.com reports that White may have attempted to escape police because he was on probation for another incident involving guns and police officers. However, although law enforcement officials are allowed to use reasonable physical force when apprehending a suspect, they cannot use excessive and unnecessary use of force at any time (especially when done to intimidate, punish, hurt, or force someone into making a confession).

Washington DC Police Brutality
Excessive use of force has been known to involve officers' use of their hands and legs, guns, Tasers, police batons, pepper spray, rubber bullets, and handcuffs. Verbal abuse, intimidation, emotional abuse, and sexual assault are also forms of police violence.

Unfortunately, many people are unaware that their rights have been violated when they’ve been subjected to police brutality, which is also illegal. Even if you have been charged with or convicted of a crime, you still do not deserve to be a victim of police violence. You may have grounds for a Washington DC personal injury case.

Parents sue Capitol Police in shooting, The Washington Post, September 2, 2010

Man killed in police shootout was on probation, WTOP, July 16, 2009

Related Web Resources:
US Capitol Police

Police Brutality, HRWatch.org

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)