Showing posts with label wrongful death. Show all posts
Showing posts with label wrongful death. Show all posts
Tuesday, June 23, 2009
Victims of Metro Crash Have Good Reason to Be Angry
Those injured and the families of those killed in the metro crash in Washington, D.C. have good reason to be angry. Evidence is emerging that WMATA, the entity that owns and operates Metrorail in Washington, D.C., failed to perform required maintenance on the train's brakes, failed to modify aging train cars, and failed to take cars out of service that were outdated. News agencies are now reporting that 9 individuals were killed in the crash including an elementary school employee, distinguished members of the armed forces (including Major General David F. Wherley, Jr.), and young entrepreneurs aged 23-64. The NTSB is investigating the crash and preliminary reports indicate that the cause was a communication breakdown between operators, failure of the signal/automatic operation system and operator error (failure to apply emergency brakes). Evidence has also emerged that the striking train was amongst Metro's oldest in its fleet of trains. In fact, several years ago federal regulators told Metro that the car needed to be enhanced and strengthened (or put out of service) if they were going to continue to use it. Metro apprently did not listen to this simple recommendation. Evidence has also emerged that a similar incident (albeit without the tragic results) in 2005 where the metro signal system failed between Foggy Bottom and Rosslyn. Unfortunately, the operator of the train that apparently caused the crash died (Jeanice MacMillan, age 42 from Springfield, VA). Therefore it is unlikely we will learn exactly what happened. But one thing is for sure--the weather was clear. It was light outside. While there is absolutely no reason on the planet earth that Ms. MacMillan should have crashed the train into the stopped train in front of her, it is unfair to blame the crash solely on Ms. MacMillan. That is too easy since she is not here to defend herself. WMATA is to blame. They had an outdated train that they were told to take out of service and they did not. They need to be held accountable, and criminal charges should be considered againt the individuals who made this tragic decision. Our thoughts and prayers go out to the victims including the deceased and their families: David Wherely, Jr, Lavonda King (from Washington, D.C. NE), Ana Fernandez, Veronica Dubose, Mary Doolittle, and Dennis Hawkins. The phone number to call for information about possible victims is 866-797-4930 or just dial "311."
Monday, June 22, 2009
Information to Families of those Hurt or Killed On The Metro Train Accident
Our thoughts and prayers go out to those injured and families of those killed in today's Metro Accident that occurred in Northwest Washington, D.C. between the Takoma Park station and the Fort Totten Station. If you need information about passengers on the train, you should call 202-727-9011 or, from the Washington, D.C. area, just dial "311." Metro has advised riders to avoid the red line until further notice. The train accident occurred at 4:59 pm today and news reports indicate that 6 people were killed and about 70 were injured. Mayor Fenty descibed the metro train crash as the worst in its 33 year history. Although WMATA (the owner/operator of Metro) has not indicated the cause of hte crash, it seems that one train was stopped and another struck the stopped train in the rear essentially ripping the METRO cars apart. The operator of one of the trains is reported to have been killed in the crash. One of the passengers on the train when it crashed, Jodie Wickett (a nurse), indicated that she felt a bump and then the train came to a halt. Then, a few seconds later there was an impact and everyone went flying. The NTSB will certainly investigate this crash and determine its cause. It has been reported that in the history of metro rail system, there have only been 3 major collisions between trains--in 1982, 2004 and the one today (June 22, 2009). If you or your loved ones are considering bringing a legal claim against Metro relating to this crash, you should know the following: (i) there are likely causes of action for negligence and product liability involved in this, and it will be important to make sure that all evidence is preserved properly, (ii) The statute of limitations for negligence claims in Washington, D.C. is generally 3 years from the date of the incident, (iii) WMATA (Washington Metropolitan Area Transit Authority) which owns and operates the metro rail system in Washington, D.C., Maryland and Virginia, has a staff council office in Washington, D.C. In or experience, they are difficult to deal with and often do not treat those injured as a result of their operators negligence fairly. IF YOUR LOVED ONE WAS KILLED IN THE ACCIDENT, YOU SHOULD KNOW THAT THE STATUTE OF LIMITATIONS FOR WRONGFUL DEATH CLAIMS IN WASHINGTON, D.C. IS ONE YEAR. Therefore it is crucial that you act quickly and hire a qualified lawyer to pursue your claims. When an indiviual dies as a result of a train accident in Washington, D.C. there are two claims that need to be considered: (i) Wrongful Death Claim, and the (ii) Survival Claim (brought by the estate of deceased). The damages available for each of these claims are quite different. For more information on wronful death and survival claims click here: http://www.gfmlawllc.com/wrongful-death.cfm
To see the Washington, D.C. law on wrongful death and survival click here: http://www.gfmlawllc.com/dc%20death%20law_20070516093826.pdf
For more information about your legal rights if you or someone you love was injured in this terrible metro bus crash call us at 301-589-2999 x102. We are located just a block from the Silver Spring Red Line Metro Station.
To see the Washington, D.C. law on wrongful death and survival click here: http://www.gfmlawllc.com/dc%20death%20law_20070516093826.pdf
For more information about your legal rights if you or someone you love was injured in this terrible metro bus crash call us at 301-589-2999 x102. We are located just a block from the Silver Spring Red Line Metro Station.
Sunday, October 12, 2008
Potential Liability for Fairfax Apartment Complex
Assistant Property Manager Charged in Slaying at Apartment
By Mark Schofield
Gini Orange, a 29 year old Fairfax County woman who worked for the Futures Industry Association, was found murdered in her apartment on September 25, 2008. This is a horrible crime and an unspeakable act, and our thoughts and prayers are with her family at this dark hour.
Fairfax County police recently arrested Mark Lawlor, a 43 year old man who worked as an assistant property manager for the Prestwick Apartments, in connection with Ms. Orange's slaying.
According to published reports in The Washington Post, Lawlor was arrested in November of 1998 for breaking into a Great Falls, Virginia, home and abducting a former girlfriend. Court records raise the question of how and why this man was even employed in the first place by the apartment complex. According to the Washington Post, He pled guilty to the charges and was sentenced to six years in prison. He was released in 2004, yet sent back to jail twice for violating his probation, including arrests for drunken driving and cocaine use. Yet this apartment complex apparently saw it reasonable to employ this man as an assistant property manager, presumably with access to tenant's homes.
Police indicated that there was no sign of forced entry to Ms. Orange's home.
The apartment complex could face civil liability in connection with this horrible act. Liability for negligent hiring is predicated on the negligence of an employer in placing a person with known propensities, or propensities which should have been discovered by reasonable investigation, in an employment position in which, because of the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury or others. If media reports are accurate, then a quick search of court records by the apartment complex would have turned up the abduction arrest and jail time, as well as the subsequent jail stints for probation violations. The individual hired in this instance had a record of crimes under his belt which would give a prospective employer pause, especially the arrest and guilty plea to the abduction of an ex-girlfriend. The apartment complex should have taken steps to protect its tenants, and if it failed to do so, they may face civil liability and lawsuits for that failure. The statute of limitations for negligence actions in Virginia is two years. The Virginia Supreme Court discussed the tort of negligent hiring and has stated:
As we recently have stated, the cause of action for negligent hiring “is based on the principle that one who conducts an activity through employees is subject to liability for harm resulting from the employer's conduct if the employer is negligent in the hiring of an improper person in work involving an unreasonable risk of harm to others.” Southeast Apartments Mgmt. v. Jackman, 257 Va. 256, 260, 513 S.E.2d 395, 397 (1999).
"Liability for negligent hiring is based upon an employer's failure to exercise reasonable care in placing an individual with known propensities, or propensities that should have been discovered by reasonable investigation, in an employment position in which, due to the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others. Id. Mere proof of the failure to investigate a potential employee's background is not sufficient to establish an employer's liability for negligent hiring. Majorana v. Crown Cent. Petroleum, 260 Va. 521, 531, 539 S.E.2d 426, 431 (2000)."
Interim Personnel of Central Virginia, Inc. v. Messer 263 Va. 435, 440, 559 S.E.2d 704, 707 (Va.,2002.
This was a terrible accident, and legal representation is certainly not on the minds of the grieving family. However, it is crucial that the families of accident and crime victims retain experienced legal counsel to be sure that appropriate steps are taken so that the loved ones of those killed and injured receive fair compensation from anyone proven to be at fault in this accident. Our attorneys are certainly available to consult with families of accidents such as this one. We can be reached at 301-589-2999.
By Mark Schofield
Gini Orange, a 29 year old Fairfax County woman who worked for the Futures Industry Association, was found murdered in her apartment on September 25, 2008. This is a horrible crime and an unspeakable act, and our thoughts and prayers are with her family at this dark hour.
Fairfax County police recently arrested Mark Lawlor, a 43 year old man who worked as an assistant property manager for the Prestwick Apartments, in connection with Ms. Orange's slaying.
According to published reports in The Washington Post, Lawlor was arrested in November of 1998 for breaking into a Great Falls, Virginia, home and abducting a former girlfriend. Court records raise the question of how and why this man was even employed in the first place by the apartment complex. According to the Washington Post, He pled guilty to the charges and was sentenced to six years in prison. He was released in 2004, yet sent back to jail twice for violating his probation, including arrests for drunken driving and cocaine use. Yet this apartment complex apparently saw it reasonable to employ this man as an assistant property manager, presumably with access to tenant's homes.
Police indicated that there was no sign of forced entry to Ms. Orange's home.
The apartment complex could face civil liability in connection with this horrible act. Liability for negligent hiring is predicated on the negligence of an employer in placing a person with known propensities, or propensities which should have been discovered by reasonable investigation, in an employment position in which, because of the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury or others. If media reports are accurate, then a quick search of court records by the apartment complex would have turned up the abduction arrest and jail time, as well as the subsequent jail stints for probation violations. The individual hired in this instance had a record of crimes under his belt which would give a prospective employer pause, especially the arrest and guilty plea to the abduction of an ex-girlfriend. The apartment complex should have taken steps to protect its tenants, and if it failed to do so, they may face civil liability and lawsuits for that failure. The statute of limitations for negligence actions in Virginia is two years. The Virginia Supreme Court discussed the tort of negligent hiring and has stated:
As we recently have stated, the cause of action for negligent hiring “is based on the principle that one who conducts an activity through employees is subject to liability for harm resulting from the employer's conduct if the employer is negligent in the hiring of an improper person in work involving an unreasonable risk of harm to others.” Southeast Apartments Mgmt. v. Jackman, 257 Va. 256, 260, 513 S.E.2d 395, 397 (1999).
"Liability for negligent hiring is based upon an employer's failure to exercise reasonable care in placing an individual with known propensities, or propensities that should have been discovered by reasonable investigation, in an employment position in which, due to the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others. Id. Mere proof of the failure to investigate a potential employee's background is not sufficient to establish an employer's liability for negligent hiring. Majorana v. Crown Cent. Petroleum, 260 Va. 521, 531, 539 S.E.2d 426, 431 (2000)."
Interim Personnel of Central Virginia, Inc. v. Messer 263 Va. 435, 440, 559 S.E.2d 704, 707 (Va.,2002.
This was a terrible accident, and legal representation is certainly not on the minds of the grieving family. However, it is crucial that the families of accident and crime victims retain experienced legal counsel to be sure that appropriate steps are taken so that the loved ones of those killed and injured receive fair compensation from anyone proven to be at fault in this accident. Our attorneys are certainly available to consult with families of accidents such as this one. We can be reached at 301-589-2999.
Friday, December 21, 2007
Insurance Companies Should Not Be Making Medical Decisions
By Mark Schofield, Attorney at Law
“To make health care more affordable and accessible, we must pass medical liability reform now. And in all we do to improve health care in America, we will make sure that health decisions are made by doctors and patients, not by bureaucrats in Washington, D.C”
-President George W. Bush, Acceptance Speech to the Republican National Convention, September 2, 2004.
Proponents of medical malpractice reform, or “tort reform” as it has become commonly known, argue that medical malpractice lawsuits, and “Plaintiff attorneys,” are to blame for the current state of disrepair in the American Health System. These proponents argue that by passing medical liability reform, they will create a system where doctors and patients make health decisions, not bureaucrats in Washington.
Everyone believes that medical decisions are best made by doctors and their patients, however, it isn’t “bureaucrats in Washington” that stand in the way, rather, it’s often the insurance company and their accountants. Consider the story of Natalee Sarkisian.
Ms. Sarkisian, a 17 year old California teenager battling leukemia. She had received a bone marrow transplant from her brother, however, she developed a complication which led to liver failure. Her doctors at the University of California – Los Angeles determined that she needed a liver transplant, and sent a letter to CIGNA Healthcare on December 11. CIGNA Healthcare provided health insurance for Ms. Sarkisian.
CIGNA denied payment for the procedure, terming it too “experimental.”
On Thursday, December 21, 2007, around 150 individuals, including members of Ms. Sarkisian’s family, friends and some nurses who attended to her, protested this decision at CIGNA’s Glendale office. Hours later, in an e-mail statement CIGNA reversed its decision. “CIGNA HealthCare has decided to make an exception in this rare and unusual case and we will provide coverage should she proceed with the requested liver transplant.”
Unfortunately, the decision was not made in time. Ms. Sarkisian passed away at 6 p.m. on Thursday, December 21, 2007.
Medical decisions should be made by doctors and their patients. They should not be overruled by insurance companies more concerned about a bottom line. Our team of medical malpractice lawyers fight for patient rights and hold insurance companies accountable for the decisions that they make.
http://www.nbc10.com/health/14903904/detail.html?dl=mainclick
“To make health care more affordable and accessible, we must pass medical liability reform now. And in all we do to improve health care in America, we will make sure that health decisions are made by doctors and patients, not by bureaucrats in Washington, D.C”
-President George W. Bush, Acceptance Speech to the Republican National Convention, September 2, 2004.
Proponents of medical malpractice reform, or “tort reform” as it has become commonly known, argue that medical malpractice lawsuits, and “Plaintiff attorneys,” are to blame for the current state of disrepair in the American Health System. These proponents argue that by passing medical liability reform, they will create a system where doctors and patients make health decisions, not bureaucrats in Washington.
Everyone believes that medical decisions are best made by doctors and their patients, however, it isn’t “bureaucrats in Washington” that stand in the way, rather, it’s often the insurance company and their accountants. Consider the story of Natalee Sarkisian.
Ms. Sarkisian, a 17 year old California teenager battling leukemia. She had received a bone marrow transplant from her brother, however, she developed a complication which led to liver failure. Her doctors at the University of California – Los Angeles determined that she needed a liver transplant, and sent a letter to CIGNA Healthcare on December 11. CIGNA Healthcare provided health insurance for Ms. Sarkisian.
CIGNA denied payment for the procedure, terming it too “experimental.”
On Thursday, December 21, 2007, around 150 individuals, including members of Ms. Sarkisian’s family, friends and some nurses who attended to her, protested this decision at CIGNA’s Glendale office. Hours later, in an e-mail statement CIGNA reversed its decision. “CIGNA HealthCare has decided to make an exception in this rare and unusual case and we will provide coverage should she proceed with the requested liver transplant.”
Unfortunately, the decision was not made in time. Ms. Sarkisian passed away at 6 p.m. on Thursday, December 21, 2007.
Medical decisions should be made by doctors and their patients. They should not be overruled by insurance companies more concerned about a bottom line. Our team of medical malpractice lawyers fight for patient rights and hold insurance companies accountable for the decisions that they make.
http://www.nbc10.com/health/14903904/detail.html?dl=mainclick
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