Maryland Injury Attorney Blog

December 13, 2007

State of Maryland Pays $1.5M in Foster Care Abuse Suit

In what is most likely the largest individual settlement of its kind, the State of Maryland agreed this week to settle the suit of a 6 year old child abused while in foster care. Presently, the severely brain-damaged boy, Brandon, is confined to a hospital bed in his Southwest Baltimore home, where he requires daily dialysis and tube feeding. In July of 2004, young Brandon sustained his horrific injuries when a teen age girl in his foster home with a history of violence allegedly slammed his head into a set of concrete steps. Amazingly, the Department of Social Services had removed another child from the same foster home in 2003 due to abuse by the same teenager, but for reasons unknown the home was re certified later that year. Brandon was placed in foster care in May of 2004 after his mother suffered a sickle-cell anemia episode, while she was in the Maryland Witness Protection Program. Prior to sustaining his brain injuries, Brandon also had his arm broken, a fact also missed by DSS.
This settlement is long overdue, and clearly highlights the ongoing problems with Maryland Social Services. It is unfortunate that preventable tragedies like this are allowed to occur. It is even more sad that the State of Maryland has to be forced to acknowledge the extent of the problem through litigation. Kudos to Brandon’s legal team for this groundbreaking settlement.

November 15, 2007

Maryland State Police Trooper Not Charged In High Speed Pedestrian Collision

by Jeff Butschky

A Frederick County, Maryland prosecutor has indicated that charges will not be filed against Trooper Dale Derr in the November, 2006 death of pedestrian Randy Rakes. This despite an internal State Police investigation, concluding that Trooper Derr, 23, was driving 83 miles per hour on the shoulder of the road before he hit the 38-year-old Rakes, who died at the scene.

Rakes’ family has filed a $15.8 million civil lawsuit against both Trooper Derr and the Maryland State Police. In a final attempt to spur a more detailed and thorough investigation, attorney David Ellin of Baltimore City, has sent a letter directly to the offices of Maryland Governor Martin O’Malley, asking him to intervene in the case. Ellin noted that the statute of limitations for civil charges is about to expire because the accident happened nearly a year ago.

The accident occurred near Rakes’ Finksburg, Maryland home, but the case was turned over to Frederick County, Maryland prosecutors due to the policy of the Carroll County State’s Attorney’s Office not to handle cases involving Carroll County law enforcement officers.

October 20, 2007

Anne Arundel County, Maryland State’s Attorney Says No Charges Planned In May, 2007 Fatal Chesapeake Bay Bridge Accident

by Jeff Butschky

Vehicle Trailer Was Not Properly Secured, But Authorities Say No Current Maryland Laws Exist To Charge Responsible Driver

The Baltimore Sun reports that the driver of a Lincoln Navigator, who failed to properly secure his trailer will not be criminally charged, despite a clear finding of responsibility for the deadly multi-car collision on the Chesapeake Bay Bridge this May. According to a lengthy police investigation, the driver of the Navigator, Stephen A. Burt of Rockville, Maryland was responsible for the deadly collision, however, prosecutors have decided that they have no grounds for charging him with any traffic offenses. Investigators determined that Burt had failed to use a safety hitch pin to secure the single-axle trailer to his vehicle. Without the pin to hold the trailer latch securely, the trailer came loose as it bounced on the westbound span of the bridge, according to the report.

Investigators concluded also that the chains used to pull the trailer were too long, allowing the front of the trailer to hit the ground, after it came unsecured.

Notwithstanding these findings, the Anne Arundel County state’s attorney’s office concluded that “no current regulations exist” that would justify charges in the case.

October 11, 2007

Welcome To The Maryland Injury Attorney Blog!

by Jeff Butschky

546518_baltimore_city_3 Greetings from Maryland, and welcome to our Maryland Injury Attorney Blog! My name is Jeff Butschky, and I will be your host and (hopefully) your source of practical help and information from within the Maryland Legal Community.

Perhaps nothing affects an individual or family more than a sudden accident or injury — whether due to a motor vehicle accident, a work-related accident, or some other unforeseen incident. When we are hurt, we understand that there will be hospitals and doctors, pain, stress and inconvenience. What isn’t often appreciated is the fact that the injured person must also now deal with (gulp) lawyers and (even worse) the insurance industry. Like visiting the dentist, filing taxes or other mild forms of torture, no one wants to do this, and I don’t blame you.

This blog will untangle and demystify the frustrating and complicated world of injury claims. As a practicing attorney in Baltimore County, Maryland, for more than 20 years, I’m going to do my best to make this as easy as I can. So let’s get started!