Washington DC Injury Lawyer Blog

Court Allows Plaintiff’s Case to Proceed Against Allegedly Negligent Gym in Premises Liability Action

June 17, 2015 | Lebowitz & Mzhen

Earlier this month, an appellate court in California heard a premises liability case involving an injury that occurred in a gym. In the case, Jimenez v. 24 Hour Fitness USA, the plaintiff was injured while running on a treadmill in one of the defendant’s gym locations.

Evidently, the plaintiff fell backwards off the treadmill, and as she fell she hit her head on an exposed steel foot of another exercise machine that was placed less than four feet away from the rear of the treadmill. She ended up fracturing the right occipital and right temporal bones in her skull.

At trial, the plaintiff’s theory was that the gym was negligent for placing other machinery so close to the rear of the treadmill. To support her claim, she submitted the user’s manual of the treadmill into evidence, since it recommended that an area of six feet be left behind the treadmill for user safety.

Tyson Meat Company Recalls 15,000 Pounds of Contaminated Ground Beef Over E. Coli Concerns

June 10, 2015 | Lebowitz & Mzhen

Earlier this month, the USDA’s Food Safety and Inspection Service announced a recall of over 15,000 pounds of ground beef produced by the Tyson Fresh Meat Company. According to one industry report, the recalled meat was all shipped to one central distribution center in New York. It is not clear at this point where the contaminated meat went from there.

Evidently, the contaminated meat bears a “best before or freeze by” date of June 15. The meat was packaged as 5lb. chubs, meaning large sausage-like packages of meat most commonly used in restaurants or institutional settings.

The USDA discovered the contamination through a routine inspection, and no one has reported any illnesses relating to the contaminated meat. The agency’s concern is that consumers bought the bulk meat for future use and have it stored in their freezers. Those who may have purchased the contaminated meat should call Tyson directly or return it to the store from which it was purchased.

D.C. Police Officer Accused in Fatal Hit-and-Run Accident

June 2, 2015 | Lebowitz & Mzhen

Earlier this year in April, a Washington, D.C. police officer admitted to hitting and killing a 68-year-old woman on Southern Avenue SE. According to a recent news report, criminal charges of involuntary manslaughter have formally been filed against the officer by the D.C. police department.

Evidently, just before nine at night on April 28th of this year, the 68-year-old woman was coming home from United Medical Center. She was traveling southeast when a tan Mercedes hit her. The Mercedes, driven by a female police officer, failed to stop and see if she needed any medical assistance and instead continued on its way.

Three hours later, the driver of the car called police, explaining that the vehicle had just been stolen. During that conversation with police, they told her that the car had been involved in a very serious accident. She denied any knowledge of the accident.

Thirty-Four Million Cars Affected by Most Recent Takata Airbag Recall

May 22, 2015 | Lebowitz & Mzhen

Earlier this month, Japan-based airbag manufacturer Takata announced the largest auto-part recall in United States history, affecting over 34 million automobiles. Takata is the second-largest airbag manufacturer in the world, behind only Autoliv, which is based in Sweden.

According to one news report by CNN, the airbag manufacturer announced the recall after it came to light that the company’s airbags were prone to sending shrapnel in drivers’ and passengers’ faces upon deployment. Evidently, there have been six deaths allegedly caused by the faulty airbags, and countless other injuries. Most of the incidents involve older vehicles. However, newer models are also included in the recall.

It is estimated that there are approximately 52 million vehicles worldwide that will need to have their airbags replaced. Both Takata and Autoliv are struggling to manufacture airbags as quickly as possible to fill the orders. Currently, Takata is producing about 500,000 airbags a month, but it plans to double that number by September of this year.

One Seriously Injured in DC Train Accident

May 15, 2015 | Lebowitz & Mzhen

With the tragic Philadelphia train accident still dominating the news, it may have been easy to overlook another train accident that occurred closer to home, here in Washington, DC. Earlier this week, a MARC train struck and seriously injured one person, according to an article by the International Business Times.

Evidently, the accident took place at around 9:50 in the morning, near Ninth Street and New York Avenue Northeast. MARC service was shut down for the day, as investigators surveyed the scene and maintenance workers attempted to ensure that the tracks and trains were all safe for the afternoon commute. In the meantime, the DC Metro subway system honored MARC tickets.

The person who was struck by the train remains in serious condition but is expected to recover from the injuries sustained in the accident. The exact cause of the accident is still under investigation.

Driver Who Tweeted “2 Drunk 2 Care” Before Fatal Accident Sentenced to 24 Years in Prison

May 8, 2015 | Lebowitz & Mzhen

Last year, two young women were killed in a drunk-driving accident on the Sawgrass Expressway in Florida. According to one news report by the Washington Post, the accident occurred when a drunk driver began traveling down the Expressway the wrong way, ultimately colliding head-on with another car. The evidence suggested that she was traveling at 80 miles per hour.

While the police were conducting their investigation into the accident, they discovered that not only was the driver who caused the fatal accident drunk, but also her blood-alcohol concentration was twice the legal limit. Additionally, minutes before the fatal accident she had tweeted “2 drunk 2 care.” Those who had the chance to view the woman’s social media sites before they were removed have told reporters that the woman was a self-proclaimed “pothead princess” and had posted several other comments about her recreational drug and alcohol use.

Evidently, a Florida court recently sentenced the 22-year-old woman to 24 years in jail for her role in the fatal accident. Evidence presented to the court suggested that the woman drank two fishbowl-sized drinks before getting into her car that fateful night. At the time of the accident, the woman was underage and did not have a driver’s license.

Maryland Appellate Court Defines Limitations on Injury Victims’ Insurance Coverage

May 1, 2015 | Lebowitz & Mzhen

A recent case in front of the Maryland Court of Appeals affirmed a judgment favorable to an accident victim’s insurance company, limiting the victims’ overall damages. Back in 2009, a man and his wife from Waldorf were taking a walk through their neighborhood when a car backed up out of a driveway and struck the couple.

As a result of the accident, both the man and his wife sustained serious injuries. The man sustained a traumatic brain injury, as well as injuries to his head, neck, and limbs. He was taken to a rehabilitation center, where he died about 18 months later. The man’s wife also sustained injuries in the accident, although not as serious as her husband.

In 2010, the couple filed suit against the driver and his insurance company. At the time of the accident, the couple also had their own insurance coverage, through GEICO, which had a policy limit of $300,000 per person and $300,000 per accident. The couple entered into a settlement agreement with the driver’s insurance company for $100,000 each and then filed an underinsured-motorist claim under their own insurance company, seeking to recover the entire $300,000 that their policy covered.

Blue Bell Creamery Recalls All Products over Listeria Concerns

April 28, 2015 | Lebowitz & Mzhen

Roughly one month ago, several organic food companies instituted voluntary recalls after it came to light that some of their products may have contained spinach that was contaminated with the listeria bacteria. According to an article by USA Today, the listeria concerns continue, this time over Blue Bell ice cream.

The Texas-based creamery recently recalled its entire product line after discovering contaminated ice cream originating from its Brenham, Texas plant as well as its Broken Arrow, Oklahoma plant. The company told reporters that they discovered several half-gallon containers of cookie dough ice cream had been contaminated with the dangerous listeria bacteria.

Blue Bell ships its products across the country. The following states are all included in the recall: Virginia, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Wyoming, Missouri, Nevada, and New Mexico. The manufacture dates of the contaminated product are March 17 and March 27.

Maryland Court Applies “Damages Cap” to Police Brutality Case, Reducing Damages from over $11 Million to Just $400,000

April 21, 2015 | Lebowitz & Mzhen

Earlier this year, in a pivotal case regarding the application of damages caps to alleged violations of the Maryland State Constitution by state actors, one Maryland circuit court reduced the damages received by a deceased man’s estate from $11 million to just $400,000.

The Facts of the Case

Back in 2008, the deceased person was on his porch having a drink with a friend when a police officer drove by and suspected the men of drinking alcoholic beverages outside, which was against the law. The officer allegedly drove by twice before getting out of his car and approaching the men. As the men got up and went inside the apartment, the officer followed, using his master key to the apartment complex.

Once inside, accounts of what exactly occurred differ. However, what is known for certain is that one of the two men was killed and his son arrested after he came to his father’s aid.

Ambulance Response Times in D.C Cause Concern

April 14, 2015 | Lebowitz & Mzhen

There have been several recent incidents where slow ambulance response times resulted in seriously injured individuals having to wait a significant amount of time before receiving any type of emergency treatment. One Washington D.C. news source reported that during one week in March there were three incidents where injured people had to wait over 20 minutes before an ambulance arrived.

In the first incident, an injured police officer called for an ambulance. However, it never arrived. Finally, fellow officers ended up taking the injured officer to the hospital. D.C.’s 911 center stated that unfortunately there were no ambulances available when the officer called for assistance. After the fact, the center claimed that generally ambulances should arrive within eight minutes of dispatch.

That same week, a motorcycle crashed into a car and became airborne as it was leaving a garage near 7th and E streets. The man suffered serious injuries, yet ambulances did not arrive until about 22 minutes after they were called to the scene. Finally, an individual was stabbed in southeast D.C. and needed emergency medical treatment. That victim had to wait almost 30 minutes for an ambulance to arrive.