by Steven D. Silverman
In the 2008 case of Allen v. Marriott, the Court of Special Appeals came down with a frigid decision for plaintiffs who are injured when falling on black ice. The Court of Appeals denied cert. which means the case is the current law in Maryland.
The facts of Allen v. Marriott are as follows:
David Allen and his wife were guests of a Marriott hotel from Feb. 3 -5. On the morning of Feb. 5, the parties checked out of the hotel. Mrs. Allen went to the hotel’s parking lot to retrieve their car, while Mr. Allen was checking out. She drove the car close to the front entrance of the hotel. Mr. Allen walked out of the main entrance, and then proceeded to walk along the (salted) sidewalk toward their vehicle. As Mr. Allen stepped off of the curb, pulling a wheelie suitcase, he slipped and fell on what turned out to be unseen “black ice.”
The issue the presented to the Court was whether a reasonable person under an objective standard, knowing what the Plaintiff knew, would have been aware of the risk and therefore assumed the risk.
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The Court’s Holding:
The Plaintiff assumed the risk when he voluntarily ventured away from the main entrance and into the parking lot, because objectively, a reasonable person appreciates the likelihood that, under these weather conditions and other circumstances, ice might be present, even though it is not visible.
As a result, the Plaintiff is completely barred from making any recovery. Unfortunately, many Marylanders are seriously injured when falling on ice. This case makes a recovery very difficult and further demonstrates the necessity for victims to hire a lawyer who understands the law, the issues, and comes up with a well thought-out path to recovery at the onset of the case.
For further information, please contact us for a complimentary consultation
Continue reading “Slip and Falls on Ice in Maryland-A Slippery Legal Slope!”
Baltimore Bicycle Accident Update: Safety Equipment for Bikes could Help Save Lives
[B’ Spokes: I’m sorry but I’ve about had it with in the name of safety lets put the minor things first and not mention major things. So with my usual sarcastic flair lets flip things around….
"In order to improve driving safety lets do away with drivers ed classes and as long as people drive with a functioning car horn, have a rear view mirror, head lights and wear seat belts lives will be saved."
Come on now, no one thinks like this for driving a car so why then is it valid for riding a bike? Too many people think that it is cyclists duty to behave like a Jack-in-the-Box, that is stay hidden from car traffic as much as possible and then suddenly pop out at intersections. Too many people think that riding head first into oncoming traffic is safer. And I’m sorry but wearing a helmet, having a bell, rear view mirror and lights is not really going to help if you insist on riding like that.
We need to bring back bicycle safety education to the elementary schools, we need to inform motorists that cyclists are safer being apart of traffic and should not weave in and out of parked cars or on and off sidewalks but maintain a proper position in the travel lane. Cyclist are less of an inconvenience to faster traffic then mass transit vehicles and deliver trucks. I’m sorry but preventing accidents by cyclists riding safe really does help to limit everyone’s inconvenience both for cyclists and car drivers.
So if you are a cyclists and want to learn more on how to ride safely we have collected a few links here to get you started:
https://www.baltimorespokes.org/links/index.php?category=Must+read+for+bike+safety
My comments on the articles points:
1) Audible signaling device: Personally I find my voice as effective and a lot easier to activate in a crises situation. If you have time to activate a horn, you have time to avoid an accident but if you feel differently look into "Air Zound." But this is totally inappropriate for use on trails where use of a bell is much preferred over horns and voice by other trail users.
2) A rear-view mirror: With proper lane position when going straight there is no use for a mirror, when changing lanes or road positions a glance over your shoulder is not only more effective in seeing what’s coming up on your rear it also acts a signal to drivers on what your intentions are. So a glancing over your shoulder improves your safety and reliance on mirrors is rather risky. (Though I’ll note I do ride with mirrors but I do not rely on them.)
3) A headlamp. If you ride at night in the city under street lights a flashing mode headlight is good, otherwise ask in our forums what’s a good light for riding as too many lights in the bike shops are junk.
4) A taillamp: If you ride at night at least a "Planet Bike Superflash" and again too many lights in the bike shops are junk.
5) A helmet. You are far more likely to live longer and be healthier if you ride then if you don’t ride. If wearing a helmet is going to keep you off the bike then leave the helmet at home.]
Continue reading “Baltimore Bicycle Accident Update: Safety Equipment for Bikes could Help Save Lives”
Baltimore County Police Chief earns NHTSA honor; Data-driven approach increases traffic safety
by
One of DOT’s greatest assets has been the participation of municipal, county, and state police departments in our traffic safety enforcement efforts. Whether it’s “Click It or Ticket,” distracted driving, or “Over the Limit, Under Arrest,” America’s police officers have given the National Highway Traffic Safety Administration (NHTSA) their fullest support.
NHTSA Administrator David Strickland praises Baltimore County’s DDACTS record,
with BCPD
Chief Jim Johnson (left) and County Exec. James T. Smith, Jr.
And, just a few miles up the road from DC, the Baltimore County Police Department has been one of NHTSA’s strongest partners. Two years ago, Chief Jim Johnson volunteered the BCPD to implement a brand new, technological initiative, DDACTS (Data-Driven Approaches to Crime and Traffic Safety).
Chief Johnson’s department was one of only eight departments nationwide participating in this approach. DDACTS was developed by NHTSA and turned into a pilot program in
partnership with the Department of Justice. By mapping crashes together with other incidents, police using DDACTS can identify problem areas as they are beginning to develop. They can then position officers in a highly visible enforcement presence to deter speeding, distracted driving, and unsafe pedestrian behaviors.
Chief Johnson thinks this is common sense:
“Technology is now a vital part of fighting crime. We use it to fight identity theft; we use it to communicate to the public. Now, with DDACTS
information, we can deploy our officers and resources in the most
effective and efficient way. It really turns our data analysts into keyboard crime fighters.”
And, by improving traffic safety through reduced crashes, injuries, and fatalities, a community can also realize reductions in crime. “One helps the other,” Chief Johnson says,
“because vehicles are often used in the commission of crimes.”
Man and Young Girl Killed in Separate Train-related Pedestrian Accidents
[B’ Spokes: Why would anyone walk on train tracks when there is a perfectly good high speed road with no shoulders or sidewalks to walk on? Oh wait.. never mind. I guess as long as the victims are at fault nobody has to do anything to correct this, right?]
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by Lebowitz & Mzhen
Here in Baltimore, we have a range of public transportation choices that make for convenient and relatively comfortable travel throughout the city and environs. Many of the transit lines are handled by light rail and commuter rail services. While these subway and rail lines are very helpful in getting around the city, dangers do lurk on every level crossing and pedestrian crossover. As a Maryland personal injury and auto accident attorney, I understand how a simple walk across railroad tracks can end tragically.
While the railroads provide a fair degree of safety and warning equipment, sometimes that is not enough. Especially for those persons who are distracted from the very real danger of a train collision and its potential for fatal results.
Two relatively recent deaths on railroad tracks in the city point up the importance of remaining aware of one’s surroundings, as well as not taking unnecessary risks whenever near a railroad right-of-way.
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According to a news article, a man was struck and killed in mid-January by a southbound Amtrak passenger train just south of the railroad’s Aberdeen station. According to reports, officers responded to a call around 2:30pm regarding a body that was seen about 15 feet from the railroad’s southbound track in the 600 block of S. Philadelphia Blvd. At the time of the report, police did not know the cause of the accident and were investigating the death.
This accident came just a week after a young high school girl died when she was struck by another Amtrak train near Middle River in Baltimore County. Based on reports at the time, Amtrak and MARC traffic along the Northeast Corridor was disrupted Tuesday, January 5, following the collision that killed 14-year-old Ann Marie Stickel of the 700 block of Maple Crest Drive.
Police reports indicate that the southbound train hit the girl as she and a friend were walking along the tracks with their backs to the oncoming train. The Kenwood High School student and the other girl were not authorized to be on the tracks, according to police. The youngster was later found to be wearing headphones, which prevented her from hearing the train until it was too late.
The girl’s friend, who was not wearing earphones, jumped out of the way just in time. The accident occurred about 11 miles north of Penn Station involving a Northeast Regional train traveling from New York to Washington.
Continue reading “Man and Young Girl Killed in Separate Train-related Pedestrian Accidents”
Aldermen take steps to make Frederick more bicycle-friendly
By Christian Brown
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The Board of Aldermen approved on June 3 an action plan to educate and encourage residents to ride bicycles and to design a more bicycle-friendly city.
If the city were to attain this status, it would be the only community in Maryland to have it, according to Tim Davis, the city’s traffic engineer.
One of the requirements for a community to be named bicycle-friendly is that it needs to have active bicycler advocacy groups, which Frederick has in the form of the Frederick Pedalers and the Frederick Bicycle Coalition.
Kelso pointed out that Rockville was once named a bicycle-friendly community, but lost the designation because the city was "resting on [its] laurels."
"Have you seen Rockville Pike," Alderman Kelly Russell (D) joked.
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Continue reading “Aldermen take steps to make Frederick more bicycle-friendly”
Charge dropped in 2005 vehicle death of Va. Tech student
By Shawna Morrison
CHRISTIANSBURG — More than four years after a Virginia Tech student died after being run over by an SUV, the case against the driver was dropped Monday.
Aaron Pierce, 23, of Roanoke was charged with involuntary manslaughter in connection with the death of Brian Joseph McCloskey, who died five days after being run over by a Ford Excursion the morning of Nov. 5, 2005.
The charge was dismissed Monday after Pierce had completed all the court’s requirements of him.
"This was a very tragic event that had the appearance of being more of an accident" rather than a criminal offense, said Pierce’s attorney, Tony Anderson.
McCloskey, 18, of Maryland was found Nov. 5 lying in a grassy area near a bicycle trail close to Pheasant Ridge Crossing in Blacksburg.
At first, police thought he had been beaten. It was later determined he had been struck by a vehicle.
McCloskey had gone to a party Nov. 4 and left about midnight, visibly intoxicated, his friends later said.
Pierce spent that night shuttling people to and from parties in the SUV he had borrowed from his roommate, at times taking a shortcut through the grassy area where McCloskey was found.
At a hearing in February 2007, Pierce entered an Alford plea to the involuntary manslaughter charge, allowing him to maintain his innocence while admitting there was enough evidence for a conviction.
In an unusual agreement, Pierce was essentially sentenced without a conviction at a hearing four months later.
Montgomery County Circuit Court Judge Bobby Turk agreed to withhold a finding for three years, but ordered Pierce to spend 30 days in jail, perform 300 hours of community service and attend Virginia Alcohol Safety Action Program classes. Pierce lost his driver’s license for 12 months and paid $12,800 to McCloskey’s family for his funeral expenses and gravestone.
"The victim’s family was very much involved" in how the case was handled at that time, Turk said Monday.
Montgomery County Commonwealth’s Attorney Brad Finch said McCloskey’s family members, though they weren’t at Monday’s hearing, were also involved in the final outcome of the case.
"They feel, judge, that the charge should be dismissed," he told Turk.
"I can report that he’s done extremely well on probation," Finch said of Pierce.
He said Pierce hasn’t had so much as a traffic violation in the past three years.
Continue reading “Charge dropped in 2005 vehicle death of Va. Tech student”
Zoning toward a greener Baltimore
With the city back from the brink of a green fiscal meltdown, its planners are quietly trying to revolutionize how Baltimore grows.
In the first rewrite of the city’s zoning code since 1971, planners hope to “transform Baltimore” from a car-centric concrete desert to an oasis of walkability, with shops, eateries and even some types of industry mixed in with housing.
Laurie Feinberg, chief of comprehensive planning, says the new code aims “to make our neighborhoods feel like places you want to walk to” without having to trek across blazing-hot parking lots. The city’s in the final week of holding public meetings on the new code – so this is almost your last chance to learn about it and weigh in.
My colleague Julie Scharper has previously reported in The Baltimore Sun how how the new code would make it easier to have community gardens in the city. But the changes go beyond just greening the urban landscape, Feinberg says, to broader issues of sustainability and of “smart growth.”
I contacted Feinberg last week to find out how the new code would handle some hot-button “green” issues that have been controversial in the past year – residential wind turbines, solar collectors and wood-chip driveways or parking pads. She preferred to give me the big picture, but answered the thorny questions as well.
There’s No Such Thing as Free Parking
By Tom Vanderbilt
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Another trend: ideas for improving urban parking. And in particular, for reforming (or even doing away with) municipal parking codes. Such proposals appeal to me for a few reasons. For one thing, parking is a huge, if typically overlooked, part of the traffic equation. Storage is a key part of our automobile networks, and cars are stored quite a bit: Cars spend, on average, 95 of their time simply parked. For another, such plans are counterintuitive: It’s odd for planners (one took pains to indicate he was not a libertarian) to advocate actually doing away with planning regulations. The third is that many cities have already begun to experiment with their parking codes, providing not tantalizing "what ifs" but useful case studies.
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But to critics, minimum parking requirements warp markets and create a de facto subsidy in favor of driving. Donald Shoup, a professor of planning and author of The High Cost of Free Parking, is withering in his critique of parking minimums: "They distort transportation choices toward cars, and thus increase traffic congestion, air pollution, and energy consumption. They reduce land values and tax revenues. They damage the economy and degrade the environment. They debase architecture and urban design. They burden enterprise and prevent the reuse of older buildings. And they increase the prices for everything except parking."
Shoup argues that minimum parking requirements are based on a form of "circular logic," in which planners estimate parking need by looking at the highest levels of parking demand at suburban locations with free parking and no transit options. As a result, the space devoted to cars often exceeds the space devoted to humans (one study found mall parking lots were 20 percent bigger than the buildings they serviced), and the country is awash in a surplus of parking supply. In Tippecanoe County, Ind., for example, a group of Purdue University researchers noted, "[I]f all of the vehicles in the county were removed from garages, driveways, and all of the roads and residential streets and they were parked in parking lots at the same time, there would still be 83,000 unused spaces throughout the county." And as Shoup argues, there is nothing free about this parking—everyone, even those who don’t drive, pays for it in one form or another, whether the invisible parking surcharge is built into retail prices or the various costs associated with parking-lot storm-water runoff.
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Continue reading “There’s No Such Thing as Free Parking”
Assault – 3500 Blk. N. Charles St.
Assault – 3500 Blk N. Charles Street (Westside) – On June 21st at 11:51 AM, a staff member was riding his bicycle to work when he stopped to pick up an item on the street. A white van stopped and an unknown male exited and approached the staff member. The unknown male became verbally abusive and then struck the staff member for no apparent reason. The unknown male then left the area in the same vehicle. No injuries were reported. Investigation continuing.
Continue reading “Assault – 3500 Blk. N. Charles St.”
Police find body along Md. 97, suspect hit-and-run
By Ryan Marshall, Times Staff Writer
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Police said James O. Robinette Jr., 40, of the 2000 block of Littlestown Pike, was killed when he was hit by what police believe to be a forest-green 1996 or 1997 Saturn S-1 series four-door sedan or station wagon with gold pinstripes.
He was likely hit early Sunday morning by a vehicle that was northbound on Md. 97, near where he lived with a relative, according to a state police release. Contact information for Robinette’s family wasn’t available Monday night.
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The Saturn likely has heavy front-end damage and is missing a large part of its front fender, along with a side rearview mirror.
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UPDATE: Police have released two people who were questioned in a hit-and-run crash that killed a Westminster man without charging either person.
The case will be forwarded to the Carroll County State’s Attorney’s Office once it’s completed for a review and decision on any possible charges.
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Continue reading “Police find body along Md. 97, suspect hit-and-run”