Washington DC Injury Lawyer Blog

Judge Rejects Proposed Settlement In NCAA Concussion Case

January 2, 2015 | Lebowitz & Mzhen

A few weeks ago, a federal judge in Chicago rejected a proposed settlement between a number of plaintiffs and the National College Athletic Association (NCAA). The claims against the NCAA were based on the alleged failure of the Association to adequately protect student athletes from head injuries such as concussions.

According to a recent article, the proposed settlement totaled $75 million, of which $70 million was designated to test current and former athletes in both contact and non-contact sports for head injuries, and another $5 million was set aside for further research on related issues. However, the judge rejected the proposed settlement because he was concerned that the agreed-upon figure was not adequate to cover the concerns of the parties.

The judge’s chief concern was that the proposed group covered “every athlete for all time,” and that the $70 million would not be sufficient for the medical monitoring portion of the settlement. He suggested either that the group of eligible athletes be redefined to a more “manageable” number, or that the portion of the settlement designated for medical monitoring increase.

Judge Reviewing Settlement in NFL Concussion Case

December 23, 2014 | Lebowitz & Mzhen

Back in June 2012, a lawsuit was filed against the NFL by a group of almost 2,000 players, alleging that the league failed to inform players of the link between concussions and brain injuries. Back in August of last year, the group of players—that had at that point reached 4,500 in number—came to an agreement with league officials.

Under the terms of that deal, the group of players would receive $765 million to help pay for medical exams, concussion-related compensation, medical research for retired NFL players and their families, and litigation expenses. However, the judge assigned to the case declined to approve the settlement, holding that she didn’t think it was enough money.

According to a recent article by USA Today, the federal judge overseeing the case is again reviewing a potential deal between the players and the league. This time, the proposed settlement would provide for up to $4 million for the families of players who were diagnosed after their death with the brain disease chronic traumatic encephalopathy. In addition, the proposed settlement would provide between $1.5 million and $3 million to players who are alive and suffering from various brain-related disorders, including dementia.

DC Man Arrested After Spree of Hit-and-Run Accidents

December 16, 2014 | Lebowitz & Mzhen

Earlier this month, police arrested and charged a man who was involved in a series of hit-and-run accidents across Washington DC. According to a recent report by the Capital Gazette, the man was charged with 18 counts, including drunk driving and multiple charges of failure to remain at the scene following an accident.

Luckily, many of the vehicles the man ran into were unoccupied, but one person was taken to Maryland Shock Trauma as a result of the injuries he sustained. Evidently, the hit-and-run spree began around 6:15 in the evening in the area of Juliana Circle and Newtowne Drive, when a black Jeep sideswiped an unoccupied Nissan that was parked on the side of the road.

After that initial collision, the Jeep continued on down Newtowne Drive. As the driver was negotiating a curve, however, he ran head-on into a city bus. The driver then put the vehicle in reverse, ran over the curb and through a fence, and pulled away, hitting the bus again on the way out.

Plane Crash Kills Six in Washington Suburb

December 9, 2014 | Lebowitz & Mzhen

Earlier this week in the Washington DC suburb of Gaithersburg, a plane crash took the lives of six people. Three of the accident victims were on board the plane, and three others were in a home that the plane crashed into. According to a report by one local news source, the plane was about a mile away from the Montgomery County Airport when the fatal crash occurred.

Evidently, the plane had left North Carolina earlier that morning, and it is believed that the plane was heading to Maryland and was about to land when the crash occurred. For some unknown reason, the plane went down before it could safely land. As it did, the plane crashed into a two-story home, demolishing one of the exterior walls and starting a large fire that spread throughout a neighborhood. Sadly, reports indicate that one young mother and her two children were killed in their home as the plane came down. It is not clear if they were killed in the crash itself or in the resulting fire.

The Federal Aviation Administration arrived at the scene shortly after the accident and is conducting its own in-depth investigation.

Settlement Reached in 2008 Catlett Drunk Driving Case

December 2, 2014 | Lebowitz & Mzhen

Earlier this month, the family of a Buddhist monk who was killed in a car accident back in 2008 reached a settlement with a drunk driver’s insurance company for $625,000. According to a report by one local news source, the accident occurred on Route 28 North when an Isuzu crossed over the center median and struck a Lincoln Towncar shortly after 10:15 in the evening. The two vehicles collided head-on.

Evidently, all four people in the Towncar required medical treatment, as did the driver of the Isuzu and his passenger. Sadly, two days after the accident one of the men in the Towncar passed away from his injuries. He happened to be a Buddhist monk in a temple in Catlett.

The man’s family brought suit against the driver of the Isuzu, claiming that it was his decision to drive drunk that took the life of their loved one. Criminal charges were also filed against the driver, ultimately resulting in his receiving a sentence of 16 years’ incarceration. His sentence was ordered to be suspended after eight years in subsequent proceedings.

Singer Chris Brown Settles Civil Suit for $100,000

November 25, 2014 | Lebowitz & Mzhen

Earlier this year, a Maryland man was punched in the face by singer and performer Chris Brown outside a W Hotel. According to a report by the Washington Post, the altercation began after Brown took a picture with the assault victim.

Evidently, during the criminal trial against both Brown and his bodyguard, it came out that the two men both hit the victim in the face during the confrontation. When the civil suit was first filed, the assault victim was seeking $3 million in damages for his injuries. However, according to statements by the man’s attorney, the settlement they most recently reached is around $100,000, although the exact amount is confidential.

When Brown was arrested for the assault, he was taken into jail because the assault constituted a violation of the probation order he was given back in 2009 for the assault of his then-girlfriend, Rihanna. After serving four months in jail while the current case was resolved, the judge decided to let Brown out on time served.

Drunk Driver Pleads Guilty to DUI After Getting in Wreck

November 18, 2014 | Lebowitz & Mzhen

Earlier this month in the DC area, an Annapolis woman was arrested and charged with driving under the influence after she crashed into two bicyclists, seriously injuring one of them. According to a report by CBC DC, the accident occurred back in June 28 on the Governor Ritchie Highway.

Evidently, for an unknown reason the woman veered out of her lane and drove onto the right shoulder, which is designated as the Baltimore & Annapolis trail. Once she crossed into the right shoulder, she hit two bicyclists who were riding on the trail, a 28-year-old and a 27-year-old. Both of the victims were flown to Shock Trauma.

One of the victims was released shortly after she was admitted. However, the other victim was held in the hospital for almost a month before staff felt that she was in good enough condition to return home.

New Bill May Make it Easier for DC Pedestrians and Bicyclists to Recover After Accidents

November 11, 2014 | Lebowitz & Mzhen

In Washington DC, the current state of the law prevents any accident victim from recovering for his or her injuries if he or she is found to be at all at fault for the accident resulting in his or her injuries. This means that even if an accident victim is found to be just 1% at fault, the law in Washington DC would prevent him or her from recovering from a defendant who was 99% at fault. This is the law of contributory negligence.

However, according to a recent article by the Washington Post, there is a new bill pending in the legislature that would shift the current contributory-negligence scheme to a comparative-fault system. As of right now, Washington DC is one of only a handful of jurisdictions that uses a comparative-fault system. Most other states have moved away from the strict system in recent years.

Under comparative fault, an accident victim’s damages get reduced by the percent that he or she is found to be at fault for the accident. For example, if an accident victim is found to be 5% at fault, and the jury determines that the damages should be $1,000,000, the plaintiff’s total damages would be reduced by 5%, or $50,000. That would leave the plaintiff with a total recovery amount of $950,000 under a comparative-fault system. Under a contributory-negligence system, however, the plaintiff would recover nothing.

Williams Sonoma Recalls Pumpkin-Seed Pesto Over Botulism Concerns

November 4, 2014 | Lebowitz & Mzhen

Earlier this month, a high-end kitchen product retailer announced that it was recalling a large batch of potentially tainted food that was for sale across the country in its retail stores. According to a report by one local news source, the manufacturer of the product, California Olive and Wine, decided to recall thousands of jars of Pumpkin Seed Pesto.

Evidently, the pesto may have been improperly packaged, leading to the possibility that the bacteria causing botulism may be present in the sauce. This was discovered after there were irregular lab test results that came back when the product was tested. The pesto sauce was available for purchase in Williams Sonoma stores across the country from September 2014 until mid-October. The FDA released its announcement of the company’s voluntary recall on October 10, 2014. The contaminated product, which was sold in eight-ounce jars, bears the SKUs 6404305, 6389043.

Thankfully, there have been no reports of serious illness or death stemming from the contaminated food product. However, since botulism is a very serious and dangerous bacteria, anyone who has purchased any of this product should return it to the retailer for a full refund.

Segway Accident Results in Lawsuit Seeking Millions in Damages

October 24, 2014 | Lebowitz & Mzhen

Earlier last year, a New York woman was taking a Segway tour of the National Mall when she sustained a nasty fall, shattering her elbow and requiring her to spend three days at George Washington University Hospital. According to one local news report, the accident occurred last fall while the rider was taking a tour with Bike & Roll D.C.

Evidently, the woman was riding her Segway when suddenly the handlebar jerked forward “like a propeller,” and the woman was thrown from the Segway, landing on her elbow, which was shattered as a result. Recently, the woman decided to file suit against Bike & Roll D.C., alleging that it did not adequately inform her of the risks involved with the use of a Segway.

Apparently, several Segway models had been recalled, but the woman was not made aware of this. Additionally, she is having a difficult time determining if she was riding a model that was recalled, since Bike & Roll is not answering her requests for the answer. She is seeking monetary damages around $5 million for her injuries, including medical expenses as well as pain and suffering.