Maryland Injury Lawyers Blog

There were at least three fatal car crashes in Maryland, Washington, D.C. and Virginia in the past few days. A lady from Fairhaven, MA was killed when she was struck by a tractor trailer in Virginia. Her name is Elizabeth Lyman. This crash occurred at about 2 PM when traffic was backed up on Interstate 495 West to Interstate 95 South when the tractor trailer swerved from the roadway to the right shoulder to avoid hitting a car that had slowed to stop. The truck side swiped the woman's 1998 Plymouth Voyager, struck the woman and went back into traffic. The driver of the tractor trailer, Nodarse Garcia was charged with reckless driving and with driving an overweight vehicle.

There were also two fatal motorcycle accidents. In the first, which occurred in Washington, D.C., a motorcyclist named David E. Gross of Mount Rainier, MD was killed. The other motorcycle crash occurred in Maryland. Matthew B Buc of Clake Park Court in Maryland was killed.

The Washington D.C. Suburban area roadways are dangerous and we urge all of our friends to drive safe and to pay attention. It should be noted that the Maryland Legislature is on the verge of passing a new law that will ban talking on your cell phone while driving (Washington, D.C. already has this law).

I am happy to report that today the Maryland Senate passed House Bill 825 by a vote of 27-20. The measure had already passed the Maryland House of Representatives, so it will become law assuming it is signed by Governor O'Malley. The new law requires that car insurance policies sold or delivered in the State of Maryland after January 1, 2011 provide at least $30,000.00 in liability coverage per person and $60,000.00 in coverage per car accident. This is an increase from the prior minimum limit of $20,000 per person and $40,000.00 per person. As the President of the Maryland Association for Justice, I worked very hard on this legislation, and I can tell you that it was a hard fought battle. Getting this bill passed took a lot of hard work by MAJ's legislative team including Robert Zarbin (Legislative Chair), Wayne Willoughby, George Tolley, John Bratt, Jim MacAlister, Eric Schloss and Bruce Plaxen. Our lobbyists Frank Boston, Dan Doherty, and Fran Doherty worked incredibly hard on this as well, and did a terrific job. The increased limits of car insurance will provide protection to Maryland Citizens injured in accidents, and it is also anticipated that it will increase the pool of money that can be used for uncompensated care by the hospitals. We owe a special thank you to Senator Rob Garagiola and Delegate Charles Barkley from Montgomery County, Maryland for helping us in this fight.

The bill was opposed by the insurance industry, car rental car companies, and others. The bill to increase the minimum limits of car insurance was supported by the Maryland Association for Justice, Victims of Car Accidents (3 victims testified at the Senate Hearing), and Maryland Hospitals (It is unusual for the Maryland Trial Lawyers and the Maryland Hospitals to be working together on an issue). Baltimore Attorney Billy Murphy also testified in support of the Legislation before the Senate Finance Committee. The debate/floor fight on the Maryland Senate Floor occurred on Tuesday April 7, and Wednesday April 8, 2010 in Annapolis, Maryland. Opponents of the bill offered numerous amendments--most of which were, in my opinion, not legitimate and were simply intended to stall the legislation and force it to fail. On Tuesday Baltimore City Senator Lisa Gladden attempted to bring forth an amendment that would have allowed MAIF to finance auto insurance policies it sells. However the amendment was not ready, and therefore she moved to Special Order the bill until Wednesday. Her motion for special order passed and the debate on the bill to increase automobile insurance coverage minimum limits in Maryland continued on Wednesday April 7, 2010. On Wednesday, Ms. Gladden withdrew her amendment, however numerous other amendments were presented by other legislators to stall the legislation. All of the amendments were defeated. Senator Jennie Forehand from Montgomery County suggested that the insurance companies should not raise rates if the increased limits legislation passes becuase they have had very high profits and can afford to be charitable in light of the current economic climate in Maryland. For more information on the bill, click here: http://mlis.state.md.us/2010rs/billfile/HB0825.htm

The minimum limits of car insurance in Maryland was set at $20,000.00/$40,000.00 in 1972 and has not been increased since that time. By contrast the property damage limits have been increased two times since 1972. It should be noted that 66% of States have minimum limits set higher than $20K/$40K. The insurance industry has always opposed efforts to increase the minimum limits. In fact, at the Senate Judicial Proceedings Committee Hearing on the issue a State Farm Insurance Company Representative testified that State Farm would not object to reducing the limits below $20,000.00/$40,000.00.

In the State of Maryland it is estimated that about 200,000 car owners have minimum limits insurance policies. About 65,000 of those minimum limits policies are sold and issued by MAIF (Maryland Automobile Insurance Fund). Thanks to this new legislation, those injured by cars in Maryland will soon have at least $30,000.00 in protection to help pay for medical bills, lost wages, pain and suffering and other losses.

This new law will help us to protect the rights of our most seriously injured clients.

On Saturday March 13th Kevin Goldberg and numerous other Maryland Trial Lawyers including Bob Zarbin, Wayne Willoughby, David Wildberger, and Jessica Bhagam distributed the smoke detectors and carbon monoxide detectors that Maryland personal injury lawyers purchased for this project. Representatives from the Mayor's office and Baltimore City Council Member Agnes Welch were also there in the rain to help us out. We managed to distribute and install a bunch of the detectors before we had to wrap things up due to the weather. The remaining smoke detectors and carbon monoxide detectors that MAJ Members purchased will be installed at a later date by the fire department. In the past two years, Maryland personal injury lawyers have raised over $9,000.00 for the smoke detector/carbon monoxide detector distribution project.

Goldberg, Finnegan & Mester are the proud sponsor of The Scotland Stars, a 7th-grade basketball team that plays in the Montgomery County Recreation Department basketball league. The team's record was 7-1. Of note, they won 7 straight games after losing the first game of the season. A special thank you to their incredible coaches Ben Leffler and Brandon Ferrell who did an amazing job with the kids.

Not only did they teach them to work as a team, work hard, and take pride in how they play, but they also stressed the fact that the kids were "student athletes" and that doing well in school is as important as performing on the Basketball Court. A special thank you is also in order for Patti Goldberg, a retired Bells Mill Guidance Counselor, for helping to put this team together. The team members are: Oumar Souma, Melvin Cooper, Matt Klein, Jeremiah Lindsay, Isaiah Lindsay, Jesse Locke, Jalen Paris, Dijon Minor, DaSean Minor, Alante Smith.

House Bill 825 will be on the Maryland House of Delegates Floor for a vote tomorrow. It will raise minimum auto liability insurance limits from $20,000/$40,000.00 to $30,000/$60,000.00. This is a good bill for Maryland Residents as it provides protection in the event you or your loved ones are injured in a car accident that is not your fault. As the President of the Maryland Association for Justice, I have been working really hard with the MAJ Legislative Team to get this piece of legislation through and would appreciate your help. Please call your Maryland Delegates and urge them to "vote in favor of House Bill 825 which raises minimum auto liability limits from $20,000.00 to $30,000.00." CALLS NEED TO BE MADE AS SOON AS POSSIBLE TO BE EFFECTIVE SINCE THE BILL WILL LIKELY BE VOTED ON TOMORROW.

If you do not know who your delegates are, you can find out here:
http://mdelect.net/electedofficials/

A link to the bill is here: http://mlis.state.md.us/2010rs/billfile/HB0825.htm

By way of background, the $20,000.00 minimum limit was set in 1972 and has not increased since that time. Both VA and DC have $25,000.00 minimum limits. Many States have minimum limits of auto insurance well in excess of what Maryland has.

Thank you for your considering this request.

On Saturday March 15, 2010 MAJ Members and our dedicated MAJ staff showed up in Baltimore City to distribute and install smoke detectors and carbon monoxide detectors with the Baltimore City Fire Department. Representatives from the Mayor's office and Baltimore City Council Member Agnes Welch were also there in the rain to help us out. We managed to distribute and install a bunch of the detectors before we had to wrap things up due to the weather. The remaining smoke detectors and carbon monoxide detectors that MAJ Members purchased will be installed at a later date by the fire department.

In the past two years, MAJ has raised over $9,000.00 for this project. David Wildberger has done an amazing job coordinating this effort. Thank you to everyone who participated in the distribution this year including those who showed up in the monsoon on Saturday: Jessica Bhagam, David Wildberger, Robert Zarbin, David Walls, Michele Linck, Ashley Hodak and Jenna Kellam.

Thank you to everyone who donated money to this effort and to those who helped with the distribution!

Kevin I. Goldberg
President, Maryland Association for Justice

Tomorrow morning trial lawyers from The Maryland Association for Justice will distribute smoke detectors and carbon dioxide detectors in Baltimore City, Maryland. This will take place between 10:00 am and 2:00 pm and Baltimore City Mayor Stephanie Rawlings-Blake will be in attendance. This year the members of the Maryland Association for Justice raised $2,000.00 for this project. The money will be used to purchase 130 smoke alarms and carbon monoxide detectors. The mission of the Maryland Association for Justice is to keep families safe and to preserve access to the civil justice system.

When purchasing automobile insurance, you need to be an advocate for yourself, and unfortunatley, you cannot trust the insurance agents who sell the insurance to properly advise you on these matters. Over the past year, we've come to realize that many of our clients, and our closest friends and family members, do not have adequate automobile insurance coverage; and that many people do not even understand the coverage that they have. Many of our clients have what they think is "full coverage" but in fact they only have minimum limits of protection.

First of all, to see what car insurance coverage you have, you need to look at the "declarations page" of your insurance policy.

When purchasing automobile insurance, its important to understand the various coverages that are available, and to be sure that you actually purchase the coverage that you need. Quite often, the insurance agents who sell insurance policies will try to talk you out of buying important coverages such as PIP coverage. NEVER WAIVE YOUR PIP COVERAGE! The basic coverages in an automobile insurance policy are: liability coverage, collision coverage, uninsured motorist coverage and Personal Injury Protection Coverage (aka PIP Coverage) (Medpay Coverage is similar to PIP Coverage). Coverage is often available for rental reimbursement as well.

With regard to automobile liability coverage, this protects you and authorized users of your car in case you cause a car crash that injures someone else. The minimum limits of liability coverage vary from State to State. In Maryland the minimum is $20,000.00; in Virginia its $25,000.00 and in Washington, D.C. the minimum limit of liability coverage is $25,000.00. In Maryland there is currently legislation pending to increase the minimum coverage to $30,000.00. I recommend that you purchase liability coverage in an amount that equals the value of your assets.

Uninsured motorist coverage protects you and the occupants of your vehicle if they are injured by an unidentified vehicle , an uninsured motor vehicle or a vehicle that has only minimum liability coverage (aka an underinsured motorist). Therefore, if you can afford it, you should purchase as much uninsured motorist coverage as possible. At a minimum, everyone should have at least $100,000.00 of protection. In Maryland, uninsured motorist coverage must equal the liability coverage unless a proper waiver is signed.

Personal Injury Protection Coverage, which is also known as PIP Coverage, is no fault insurance coverage. In Maryland polcies must be sold with at least $2,500.00 of PIP coverage. It covers medical expenses incurred as a result of the car crash, and also pays up to 85 % of lost wages. I recommend that if at all possible, try to buy at least $10,000.00 in PIP coverage. It is very inexpensive, and it provides no fault protection which essentially means that the insurance company pays it out regardless of whether or not the car crash was your fault or someone else's fault. PIP coverage is mandatory in Maryland (unless waived in writing), but it is optional in Washington, D.C. and Virginia. For Virginia policies, the term "PIP Coverage" is not used. Instead consumers can purchase "Medpay Coverage" which pays medical expenses but not lost wages.

Collision Coverage pays for property damage to your vehicle if you are in an accident regardless of whether the crash was your fault or someone elses fault.

If you are involved in a serious car crash in Maryland, Washington, D.C. or Virginia, having adequate auto insurance coverage will save you and your family a lot of headaches. The bottom line is that we encourage our friends to buy as much liability coverage, uninsured motorist coverage and pip coverage as they can reasonably afford.

3 Horrific Pedestrian Accidents Within One Hour On Saturday March 6, 2010

Friends---Be Careful Out There

Pedestrian accidents are a serious problem in the Washington, D.C. Metropolitan area, and they present unique challenges legally. This is because Maryland, Washington, D.C. and Virginia are 3 of only 5 states in the entire country that still have pure contributory negligence. This means that if a pedestrian is found to be even 1% at fault then the person struck is barred from recovery. This is very unfair. As a result of the unfair doctrine of contributory negligence, it is crucial that in a pedestrian accident where there is a serious injury or a death that the injured person hire an investigator or accident reconstructionist to (i) establish that the driver of the vehicle was negligent, and (ii) to establish that the pedestrian was NOT contributorily negligent. One way to be sure that this is taken care of is to hire an attorney immediately after an accident, as most experienced personal injury lawyers know how and when to hire an accident reconstructionist. It is usually not enough to rely on the police investigation. Their investigations are often wrong, and certainly are not thorough. Most importantly, the police investigation is not focused on the specific legal issues that will arise in a civil lawsuit.

Here are some pedestrian safety tips for joggers who run in the street:

• Run against traffic so you can see and react to any mistake an advancing motorist may make.
• Don't assume a driver sees you. Rather, assume that the driver does not see you.
• At a stop sign or caution signal, wait for the driver to waive you through the intersection; then acknolwledge with your own wave.
• Allow at least three feet between you and a passing vehicle; be prepared to move quickly onto the sidewalk or shoulder of the road.
• During runs with groups, go single file when cars need to pass.
• Turning is dangerous. Be sure to utilize hand signals to show which way you plan to go.
• Respect drivers' right to the road; check with Police for local traffic rules.
• Run with identification and carry a mobile phone with emergency contacts

There were three tragic pedestrian accidents on Saturday March 6, 2010. First, A semi truck (tractor trailer)/flat bed trailer entered the intersection of 14th Street and Constitution Ave. in Washington D.C. and struck and killed a lady who was jogging. The driver of the tractor trailer left the scene of the accident, however the incident was captured on video surveillance cameras and the police are currently trying to locate the hit and run driver. Anyone with information about this incident should call the Metropolitan Police Department at 202-727-9099. Another fatal pedestrian accident occurred in Greenbelt, Maryland in the 7500 block of Greenbelt Road. Mr. Donald Graff was killed in the incident. The third accident occurred in Fairfax County, Virginia. A 22 year old Falls Church man was seriously injured in the incident as he crossed Arlington Boulevard between Patrick Henry Drive and East Manchester Street. The man was in the crosswalk when he was hit; and he was taken to Inova Fairfax Hospital for medical treatment. The driver kept going and Virginia police are looking for the vehicle which has front-end damage and a broken headlight or a cracked windshield. Anyone with information on this incident should contact the Fairfax Police Department.

If you or someone you love is struck by a motor vehicle, the lawyers at Goldberg, Finnegan & Mester will give you a free phone consultation. We will fight hard to win the case and make sure that full compensation is received. Call us at 888-213-8140.

Unbelievable! Prosecutors in Washington, D.C. are dropping DWI charges because the breathalyzers used by the police are apparently inaccurate. 9 of the ten breathalyzer machines in use by the District of Columbia are potentially problematic according to Attorney General Peter Nickles. The breath machines had their motors replaced in October 2008 and since then have not been able to be properly calibrated. Hundreds of DWI cases may have been impacted by this screw up.

Drunk driving cases in Washington, D.C. where there is a serious injury or death should not be affected by this fiasco. In catastrophic injury cases, the person suspected of drunk driving is required to give a blood test or urine test thus making the breathalyzer test irrelevant. In Washington, D.C. a person can be convicted of driving while intoxicated if breath tests are above .08 (No field sobriety tests are needed). A person convicted of drunk driving in Washington, D.C. will get a mandatory 5 day jail sentence if the blood alcohol content is .20 or higher.

Many criminal defense attorneys in Washington, D.C. are angry that the police department and D.C. government was not more forthcoming about the problems that they were having with the breathalyzers.

Many people are injured and killed by drunk drivers in the District of Columbia, and it is important that laws that are on the books to prevent alcohol related car crashes are enforced. In fact, in 2008 13 people were killed in Washington, D.C as a result of alcohol related fatalities. However, it is equally important that the evidence used to convict those accused of drunk driving---especially scientific evidence---is reliable and trustworthy. It is a shame that D.C. did not root out the problem with their breath test machines sooner. Those who have been convicted (or even who plead guilty) to drunk driving charges in Washington, D.C. since October 2008 should hire an attorney to review their case. At Goldberg, Finnegan & Mester we fight hard to protect the rights of victims of drunk driving. If you or a loved one are injured by a drunk driver in Washington, D.C., Maryland or Virginia our attorneys will work hard to located appropriate insurance coverage and make sure that you are fully compensated for your losses. For more information about your rights if you have been injured in Washington, D.C. visit our website at www.gfmjustice.com.

This morning I'm headed to Annapolis with several of my Maryland Association for Justice colleagues to urge our State Senators to vote in favor of Senate Bills 118 and Senate Bill 119 which will increase from $10,000.00 to $20,000.00 the maximum amount in controversy in which a party may not demand a jury trial. Information about the bill can be found at http://mlis.state.md.us/2010rs/billfile/SB0118.htm. This is important legislation for Maryland car accident victims because it will allow more of our clients to get their day in court in a timely manner. Under the current law, what typically happens if we file suit in District Court for $25,000.000 in a typical car accident personal injury case where there are say $5,000.00 in medical bills, is that the liability insurance company will demand a jury trial (yes--even in these smaller cases). This means that the case will get transferred from District Court to Circuit Court and instead of the case being heard within 2-4 months in District Court it can take up to 2 years to get a jury trial in Circuit Court. The increase in costs due to the delay, depositions and the need for live expert testimony, and the delay in receiving a trial date, can force a car accident victim to accept an unfair settlement offer from the insurance company. Also, quite frankly, in smaller cases it is not a wise use of judicial resources to have a full blown Circuit Court trial with discovery, depositions, etc. By contrast, in Maryland District Court the cases are heard by a judge (not a jury) and the discovery is limited to just 15 interrogatories (questions that are to be answered under oath).

In my opinion, insurance companies demand a jury trial in these smaller cases in order to force injured victims to accept lowball settlement offers and/or to allow the insurance company to hold onto money that rightfully belongs to injured victims for a longer period of time (and earn interest on the money). Especially in these tough economic times, these insurance companies know that many accident victims will simply accept an extremely low settlement offer rather than go through the expense and delay of a full blown jury trial in Circuit Court. Remember, these victims have suffered an injury and often lost time from work, and are already in a hole economically. These insurance company tactics are unfair, and frankly, are a complete waste of judicial resources and a waste of the time of Maryland Citizens who are forced to sit through 2-3 day jury trials for what could easily be a one or two hour District Court case in front of a judge.

As President of the Maryland Association for Justice we have pushed hard for this legislation that will allow more of our clients to get access to justice sooner. Because the legislation will require a change in the Maryland Declaration of Rights (The Maryland Constitution), after the legislation passes it will still have to be approved by the Maryland voters and will appear on the ballot in November 2010.

The jury trial right is in Articles 5 and 23 of the Maryland Declaration of Rights. Article 5 preserves the right of the inhabitants of Maryland to a jury trial as it existed in the English Common Law on July 4, 1776. Article 23 guarantees the right to a jury trial in civil proceedings where the amount in controversy exceeds $10,000. A party may not demand a jury trial if the amount in controversy does not exceed $10,000, exclusive of any attorney's fees if attorney's fees are recoverable by law or contract. The above referenced legislation, once approved by Maryland voters in November, will increase this $10,000.00 limit to $20,000.00.

By way of further background, The District Court of Maryland has exclusive jurisdiction for civil cases where the amount in dispute does not exceed $5,000, exclusive of prejudgment or postjudgment interest, costs, and attorney's fees if attorney's fees are recoverable by law or contract.

The District Court has concurrent jurisdiction with the circuit courts in a civil case in which the amount in controversy exceeds $5,000, but does not exceed $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney's fees if attorney's fees are recoverable by law or contract, and the plaintiff may choose to file the case in the District Court or a circuit court. However, if the plaintiff files the case in the District Court and the amount in controversy exceeds $10,000, a defendant may demand a jury trial and the case must be transferred to the circuit court. Because liability insurance companies such as State Farm, MAIF (aka Maryland Automobile Insurance Fund), Allstate and Erie basically control the defense of such cases, they will quite often demand a jury trial whenever an injured car accident person sues for more than $10,000.00

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If the amount in controversy (the amount sued for) exceeds $30,000, exclusive of prejudgment or postjudgment interest, costs, and attorney's fees if attorney's fees are recoverable by law or contract, then the District Court does not have jurisdiction and the injured party would have to file that case originally in Circuit Court.

Under the English Common Law, parties to civil cases at law were entitled to a trial by jury, regardless of the amount in controversy. Article X, Section 4 of the Maryland Constitution as drafted at the 1850 Convention stated, "The trial by jury of all issues of fact in civil proceedings, in the several courts of law in this State, where the amount in controversy exceeds the sum of five dollars, shall be inviolably preserved." This was the first instance in which an amount in controversy was stipulated in reference to the entitlement to a trial by jury in civil cases at law. In 1970, the amount was changed to $500. In 1977, the provision was moved to its current location in Article 23 of the Declaration of Rights. The amount in controversy was changed to $5,000 in 1992, and then to $10,000 in 1998.

In Davis v. Slater, 383 Md. 599 (2004), the Court of Appeals found that these prior constitutional amendments changing the amount in controversy provision contained in Article 23 of the Declaration of Rights did not abrogate Article 5(a) of the Declaration of Rights and the applicable amount in controversy for determining the right to a jury trial in SB 118 / Page 3

a civil case was $5. In response to that decision, Chapter 422 of 2006, a constitutional amendment, was passed by the General Assembly and ratified by the voters to provide that the General Assembly may limit the right to trial by jury to a civil case in which the amount in controversy exceeds $10,000. Chapter 575 of 2006 was also enacted, contingent on ratification of Chapter 422, to provide that a party in a civil action may not demand a jury trial if the amount in controversy does not exceed $10,000, exclusive of any applicable attorney's fees.

On Saturday there was a fatal car crash in Silver Spring Maryland in which a vehicle driven by Jose Ovidio Martinez Lopez hit a tree after leaving the roadway on Dilston Road (near Avenel Road) in Silver Spring, MD. Tragically, Jose Guillermo Tista Lemus was killed in this crash. Our thoughts and prayers go out to the family of Mr. Lemus. Mr. Lopez was driving a 1994 Volkswagon Jetta at the time of the crash. Anyone who witnessed the crash should call the Montgomery County Maryland Police Collision Reconstruction Unit at 301-840-2435. It is important that the family of Mr. Lemus retain an attorney as soon as possible. In a car crash such as this, it is crucial that a proper fact investigation be done right away. It is not sufficient to rely on the police investigation alone. If, for example, the crash was the result of defects in the Volkswagon Jetta, then it is important that the Volkswagon Jetta involved in the crash be inspected and preserved as evidence. Failure to preserve evidence can make it impossible to pursue a product liability claim later. It does not cost anything up front to hire a personal injury attorney in a serious car accident case such as this. In Maryland, when an individual is killed as a result of negligence or product defect, several legal claims arise. The estate of the person killed has a Survival Claim. In addition, The spouse, children and parents of Mr. Lemus can make a wrongful death claim. To learn more about Maryland Wrongful Death Claims click here. The lawyers at Goldberg, Finnegan & Mester give a free consultation and there is no attorney fee if there is no recovery. Call us at 888-213-8140 or visit our website at www.gfmlawllc.com

All too often those seriously injured or killed in car accidents wait too long to hire an attorney, and as a result evidence is lost or destroyed. Skid Marks on the roadway can fade away. Vehicles that contain parts that may have malfunctioned are destroyed. If the evidence necessary to prove a case is lost, then it may not be possible to prevail. That is just one reason why we urge accident victims and their families to hire an attorney as soon as an accident occurs.

All too often we have seen corporations put their own bottom line ahead of consumer safety. The massive Toyota recall may be the most recent example of this, but it has been going on for decades. A few examples: (i) Firestone Tires: Firestone knew that there were serious problems with its tires by at least 1997, however it was not until 2000 that the tires were recalled. At least 271 people were killed and many more seriously injured before the tires were recalled. Firestone was undeterred by the NHTSA which had limited resources and only had the power to impose a $925,000.00 fine. (ii) Chevy Malibu: General Motors knew for decades that the placement of the fuel tank in the Chevy Malibu created an unreasonable risk of explosion in rear end collisions. Internal GM documents showed that deaths resulting from the defect would cost the company $2.40 per car. The company had developed an improved design that would have done a better job of protecting the gas tank in collisions, but the design would cost the company $8.59 per car. GM Executives decided not to make the change (civil discovery exposed the internal GM memo confirming this). (iii) Ford Pinto: Ford Motor Company knew that its Pinto was a dangerous vehicle since it was liable to explode in rear end collisions at speeds as low as 20 mph. An internal Ford Memo showed that the problem could be fixed for just $11 per car. The memo estimated that there would be 180 deaths and another 180 serious burn injuries. Ford concluded that it would cost more to fix the problem than to just let people die. Ford did not recall the 1.5 million Pintos on the road for another 5 years. (iv) Guidant Heart Defibrillators: Guidant knew that a certain model of their defibrillators was defective and subject to short circuiting in 2002, and the company even changed the design of their device. However they continued to sell the dangerous defibrillators that had already been manufactured, and made no effort to tell doctors, patients or the Food and Drug Administration about the problem until 2005. There are many more examples of corporations knowing that their products are unsafe, but failing to act--these are just a few.

We cannot rely on federal and state regulatory agencies such as NHTSA and the FDA to protect consumers. These agencies are subject to the influence of lobbyists, under-staffed, have limited authority to impose penalties, and frequently there is a revolving door between those working for the agencies and those working for industry. Also, many consumer complaints are made directly to the corporation (or car dealership) rather than to the appropriate federal agency responsible for investigating safety.

The Maryland Association for Justice, and our friends at the American Association for Justice, will continue to fight to keep our courts open to those who are injured by dangerous products. As you are reading this, our legislative team is in Annapolis fighting against tort reform, and if favor of legislation that will preserve our injured clients access to the civil justice system. If you are not already a member of the Maryland Association for Justice, I urge you to join today. If you email me at kgoldberg@gfmlawllc.com, I will gladly email you back a membership application.

" [T]he rule is that if a party has his suspicion aroused but then deliberately omits to make further [i]nquiries, because he wishes to remain in ignorance, he is deemed to have knowledge.... The rule that wilful blindness is equivalent to knowledge is essential, and is found throughout the criminal law."

State v. McCallum, 321 Md. 451, 459, 583 A.2d 250, 254 (Md.,1991)

Kevin I. Goldberg
President, Maryland Association for Justice

The medical malpractice team at Goldberg, Finnegan & Mester is pleased to report that on February 4, 2010 the Illinois Supreme Court invalidated the Illinois cap on non economic damages finding that it violated the separation of powers doctrine in the Illinois Constitution. The opinion was issued by Chief Judge Fitzgerald. The case involved the alleged improper medical care provided during the delivery of Abigaile Lebron which resulted in birth injuries, severe brain injuries and cerebral palsy, cognitive mental impairment, inability to be fed normally and a gastronomy tube was needed and an inability to develop normal neurological functino (Our medical malpractice team has handled many similar cases). The Illinois Court held that the limits on non economic damages (damages for pain, suffering and disfigurement) in section 2-1706.5 of the Ill. Code violated the separation of powers clause of the Illinois State Constitution. To see a copy of the opinion, click here. Prior to this Court opinion, Illinois victims of medical malpractice were limited to $500,000.00 for pain and suffering damages regardless of the extent of their injuries. Caps of non-economic damages are especially unfair to widows, orphans, the disabled, the elderly and to women who are less likely to have large economic damages if they are not employed. The medical malpractice team at Goldberg Finnegan & Mester has represented numerous children and families in the State of Maryland who have suffered from birth injuries. Christian Mester and Jean Jones (a nurse and attorney) recently resolved a medical malpractice case for $4.15 million dollars on behalf of a child who was deprived of oxygen to the brain during delivery. This resulted in cerebral palsy. The parents now have the funds to allow their injured child to obtain the care she needs.

In the State of Maryland, we have a very unfair cap on non-economic damages as well. In Medical Malpractice cases, the cap for claims arising after January 1, 2009 is $665,000.00 for non death cases and $831,250.00 in wrongful death cases if there are multiple claimants. For personal injury cases that are not medical malpractice cases, the Maryland cap on non-economic damages is $665,000.00 for an individual's claim, $997,500 for wrongful death cases with multiple claimants. There are cases pending in the Maryland Court of Appeals that challenge Maryland's cap on non-economic damages. As the President of the Maryland Association for Justice, Kevin Goldberg has worked with the MAJ legislative team to push legislation before the Maryland General Assembly to revise Maryland's unfair Medical Malpractice Cap to bring it back in line with the higher cap for personal injury death cases.

To see the Illinois case that invalidated their cap on non-economic damages in Medical Malpractice Cases, click here.

If you or someone you love has been seriously injured or killed in a Toyota vehicle in the past 5 years, then the lawyers at Goldberg, Finnegan & Mester are interested in talking to you about whether it is possible the injury or death was due to the accelerator getting stuck on the floor mat. We are investigating claims relating to a problem in which the accelerator pedal in certain Toyota vehicles and Lexus vehicles becomes entrapped in the floor mat causing a sudden acceleration. Toyota has recalled 9 million vehicles worldwide as a result of this problem. The vehicles that Toyota admits are affected by the problem are the following: Toyota Camry 2007-2010, Toyota Avalon 25-2010, Toyota Prius 2004-2009, Toyota Tacoma 2005-2010 modelsToyota Tundra 2007-2010, Lexus ES 350 2007-2010, Lexus IS 250 2006-2010, and Lecus IS 350 2006-2010 model. Toyota has stopped selling the affected vehicles, but there are thousands of the vehicles still on the road. The customer service number that Toyota has provided is 800-331-4331. The National Highway Traffic Safety Administration alerted Toyota and Lexus owners about the issue on September 29, 2009 in a press release, and recommended that the floor mat be removed from the Toyota and Lexus vehicles. Our Maryland car accident lawyers and Virginia car accident lawyers are investigating product liability claims against Toyota, Lexus and the manufacturer of the faulty gas pedal and floor mats (CTS). Claims will include negligence, strict liability, breach of warranty, wrongful death, and survival. If you are involved in a car accident and you suspect that it is due to sudden acceleration (or any product defect for that matter), it is crucial that the vehicle and its components (floor mat, accelerator, etc.) be preserved. Without this evidence it can be difficult or impossible to prove the case.

Goldberg Finnegan & Mester Advice to Consumers: If you own a Toyota or Lexus vehicle you may want remove the driver side floor mat.