Washington DC Injury Lawyer Blog

Student Loses Slip-and-Fall Against School for Failing to Prove School’s Negligence

February 17, 2015 | Lebowitz & Mzhen

Earlier this year, the Wyoming Supreme Court heard a case brought by an eighth-grade student against her middle school. The student, who slipped and fell while changing after a mandatory swimming class, claimed that the school was negligent “in the operation and maintenance” of the school’s locker room, where the accident occurred. After the fall, the girl was diagnosed with disc herniation in her lumbar spine and had to undergo three corrective surgeries as a result.

According to court documents, the girl pointed to the inadequate draining in the shower area as evidence of the school’s negligence. Evidently, the drain was backing up, and water from the shower area spilled over into the changing area, where the girl slipped as she approached a friend to borrow a comb.

The School’s Response to the Lawsuit

In response to the allegations brought forth by the girl, the school claimed that it was not negligent in failing to maintain a safe locker room. Specifically, the school claimed that it could not be held liable for the dangerous condition (the slippery floor) because it had no notice that the condition existed in the first place. Alternatively, the school claimed that it was immune from suit under local Wyoming law.

Yet Another Modification to the NFL Concussion Settlement Proposal

February 10, 2015 | Lebowitz & Mzhen

For the past several years, the NFL has been in settlement negotiations with a class of over 5,000 players who allege the league misled them as to the effects of repeated traumatic head injuries. In recent news, according to one news report, the judge asked the parties to go back to the drawing board again earlier this month because the proposed $765 million settlement was insufficient in several ways.

While the settlement was approved by about 99% of the class of injured NFL players, the offer failed to adequately compensate those who suffered from CTE, a disease of the brain that is only diagnosable after death. For the families of these players who died with the disease, the settlement offered to pay them up to $4 million. However, for living players with the symptoms of CTE, the players stood to get nothing in the settlement.

The judge’s most recent order requests that the parties go back to the drawing board to include some form of “reasonable accommodation” for those players who cannot produce medical records supporting an existing and qualifying diagnosis. In other words, the judge wanted those players who may be suffering from CTE to be included in the settlement, one way or another.

Update: $50 Million Lawsuit Filed in January’s Metro Accident

February 3, 2015 | Lebowitz & Mzhen

Earlier this week, the family members of a woman who died while riding on the DC Metro filed a lawsuit against Metro Transit Agency, seeking $50 million for their loss. Back on January 12, there was an unusual accident on the DC Metro near the L’Enfant Plaza stop when a train suddenly came to a halt and then filled with smoke.

According to one local news report, some of the occupants on the train were trapped in the smoke-filled cabin for 45 minutes before emergency responders were on the scene. The deceased woman, whose family recently filed suit, was one of those passengers.

Evidently, the lawsuit claims that the ventilation fans in the subway tunnel did not work properly and that the accident was “completely foreseeable” given their state of repair.

Family of Man Killed in Tracy Morgan Accident Settles with Wal-Mart

January 23, 2015 | Lebowitz & Mzhen

Earlier last year, actor and comedian Tracy Morgan was involved in a serious accident when the vehicle he was riding in with his entourage was struck by a semi-truck on a New Jersey highway. One of Morgan’s good friends, comedian James McNair, was killed in the accident. Tracy Morgan sustained serious injuries, from which he is still recovering. Back in June of last year, Morgan and his entourage were returning from a trip to Atlantic City. They were on a section of the New Jersey Turnpike that has a speed limit of 55 under normal conditions, but the limit was lowered because of road construction. Evidence obtained thus far shows that the driver of the truck was traveling at 65 miles per hour in the 60 seconds immediately proceeding the accident.

In a recent report by Huffington Post, the family of Mr. McNair has accepted a settlement offer from Wal-Mart, the owner of the truck that caused the accident. As it turns out, the driver of the truck had been on the road for over 24 hours without rest. The driver of the truck faces criminal charges as well.

One Dead, Dozens Injured in DC Metro Smoke Incident

January 16, 2015 | Lebowitz & Mzhen

Earlier this month on the Washington DC Metro, one woman died, and at least 84 others were injured when a Metro car filled with smoke. According to one news report, subway riders were escorted off the train through a tunnel, but not before dozens were exposed to the dangerous smoke.

Evidently, the incident occurred near the L’Enfant Plaza station at around 3:30 in the afternoon. One witness told reporters that suddenly smoke started pouring in from between the doors, filling the cabin in seconds. He went on to tell reporters that, while some of the passengers were fine, others started to react quickly and severely to the smoke in the cabin.

The cause of the smoke remains unknown, but it is assumed that it was nothing more than a fire and not any act of terrorism or other criminal act. Regardless, for the family of the one woman who died, and the many others who were seriously injured, the exact cause of the accident is not what is immediately important.

Tainted Meatloaf Responsible for Elderly Couple’s Death

January 9, 2015 | Lebowitz & Mzhen

Earlier last year, the family of an elderly couple who died as a result of eating tainted meatloaf sued the restaurant where the couple ordered their final meal. According to a report by one local news source, the couple ordered the takeout meatloaf dinner from a West Virginia Bob Evan’s restaurant.

Evidently, back in October 2012 the couple ordered a take out meatloaf and hours later became “violently ill.” The emergency room staff confirmed that the couple “suffered from food poising from consuming the tainted meal from Bob Evans.”

Both husband and wife were moved to a rehabilitation facility after the husband suffered a stroke just two days after falling ill. After another two months, the woman died while in the rehabilitation facility. Her husband died a few months later. The lawsuit filed by their children allege that their declining condition, ultimately resulting in their early death, was caused by the tainted meatloaf they consumed at the Bob Evan’s restaurant.

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.