An Open Letter to All Lawmakers, Officials,
Businesses and Citizens
You have probably seen them going to a
fire, an accident or a crime scene. No, not the police, the fire
department or an ambulance……but a TV News vehicle. Live trucks,
SUV’s and cars. Trying to get to the story first or beating
the other
news stations to the scene is expected of every cameraman and
reporter by news station management. In February 2004, an accident
occurred between a passenger laden MTA bus and a WBAL-TV owned and
operated news vehicle. It spawned a lawsuit from a passenger on the
bus. WBAL-TV operates a fleet of vehicles on the streets of Maryland
and surrounding jurisdictions. The acts committed by WBAL-TV in response
to that accident victim is why lawmakers should enact
legislation that protects innocent citizens, visitors, employees and
businesses in Maryland from irresponsible actions of companies
operating fleets of vehicles on Maryland’s streets.
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WBAL-TV Corporate Irresponsibility Act
Corporations and businesses owning and operating
vehicles or fleets of vehicles in Maryland must act promptly and
responsibility when such vehicles are involved in traffic accidents.
Upon notification of any accident involving a company’s vehicle, the
company must take immediate and thorough actions to ensure that all
involved parties and their insurance carriers are informed as to:
- The company’s name and contact information as the
owner/lessee of the vehicle
- The insurance information associated with that vehicle
Should a company ever become aware
that any of the pertinent parties (including injured parties)
involved do not know the proper ownership or lessee of the
vehicle, that company must accept responsibility and take immediate
action to inform any and all involved parties of the vehicle’s proper ownership.
__________________________________________________
Events that precipitated the plea for new laws:
- An accident occurred between a WBAL-TV owned and operated
news vehicle and an MTA bus carrying passengers
- Passengers on the bus sued the MTA and the WBAL-TV employee
operating their vehicle
- The passengers did not know WBAL-TV owned and operated the
vehicle
- The driver of the WBAL-TV vehicle was a staff employee, a
news cameraman
- WBAL-TV instructed the driver of their vehicle, their
employee, to only speak with WBAL-TV’s company attorneys and no
other attorneys or the plaintiffs concerning the lawsuit.
WBAL-TV controller Jeana Stanley instructed the employee to let
the WBAL-TV/Hearst Corporation company attorneys handle
everything. All correspondence concerning the lawsuit was sent
to the employee’s home due to the plaintiffs ignorance of
WBAL-TV ownership, involvement and responsibility
- WBAL-TV continued to advise their employee the lawsuits were
being defended. In reality, they were not.
WBAL-TV ignored or did not respond to any and all requests and
demands from one plaintiffs’ attorney and the District Court of
Maryland.
- As a result of WBAL-TV’s deceit and manipulations, the plaintiff,
the co-defendant and
the Court believed it was the employee who was uncooperative and
unresponsive and they continued to pursue only the employee. At
the same time WBAL-TV’s instructions and misrepresentations to
the employee prevented him from responding to the Court’s
requests and from seeking legal representation. The onus should have been on WBAL-TV,
but WBAL-TV's actions wrongfully passed it on to their
employee.
- WBAL-TV’s manipulations effectively used their employee, without
his knowledge or consent, to conceal WBAL-TV’s involvement and
help WBAL-TV avoid their responsibility for an accident between a WBAL-TV
owned and operated news vehicle and an MTA bus carrying passengers.
The Accident and Subsequent Events
On February 23, 2004 a WBAL-TV employee
was involved in an accident with a passenger laden MTA bus and an
unmarked
WBAL-TV owned and operated news vehicle. A passenger on the bus who was
unaware of WBAL-TV’s involvement filed a personal injury lawsuit
against the MTA and the driver of the WBAL-TV vehicle, a WBAL-TV employee.
The information the plaintiff used to
name the WBAL-TV employee (instead of WBAL-TV) as the defendant was obtained from
the employee's drivers license.
The plaintiff did not know WBAL-TV owned the vehicle (it was
unmarked) or that WBAL-TV
was involved in any way so the lawsuit
did not name WBAL-TV as a defendant. It is reasonable to conclude
that the plaintiff would have named WBAL-TV instead of their driver
had they known WBAL-TV owned and operated the vehicle, for the
plaintiffs named the MTA, not their driver in the lawsuit. All the lawsuit
papers
were sent to the employee’s home address. As per WBAL-TV Controller
Jeana Stanley’s instructions to him, the employee turned everything
over to WBAL-TV as soon as he received them, whenever he received
them. A Jeana Stanley
hand-written notation on a Hearst email shows her acknowledging the
lawsuit papers were sent to the employee’s home address,
perhaps indicating her awareness of the plaintiff's ignorance. WBAL-TV did
nothing to inform the plaintiff, his attorneys, the co-defendant, or
the District Court of Maryland of their ownership and involvement,
and repeatedly ignored requests from the Court, plaintiff and
co-defendant (via the WBAL-TV employee) to provide documentation and
information that, if responded to would have informed them of
WBAL-TV’s involvement. WBAL-TV allowed the plaintiff to sue their
employee for a WBAL-TV matter while they hid, kept silent and their
lawyers did nothing according to WBAL-TV Controller Jeana Stanley
(which was backed-up with fact). They deceived their
employee, the plaintiff, the co-defendant and the Court. They told
the employee that WBAL-TV attorneys were handling the lawsuit and
forbade him to speak with any other attorneys. Almost two years
later the employee is informed by the Court of a potential
$10,000.00 judgment against him for "his" failure to respond to any
of the Court’s requests. WBAL-TV Controller Jeana Stanley then told
the employee, for the very first time, and after almost two years, they had done nothing because
they were not named in the lawsuit. Stunned, he then listened to her
tell him they also weren’t going to do anything for the same reason
and ended the conversation with "Sorry. Good luck".
WBAL-TV took the stance that because the plaintiff did
not know WBAL-TV owned the vehicle ( WBAL-TV kept
their ownership a secret from the plaintiff), WBAL-TV was not
responsible for the WBAL-TV owned and operated vehicle, their
low-level employee (who did not own the car) was, and WBAL-TV
General Manager Jordan Wertlieb felt that justified his decision
to put the weight on the employee. WBAL-TV is a poor example of a
responsible, concerned and conscientious corporation operating
fleets of vehicles on the streets of Maryland.
WBAL-TV’s actions made the employee
their "fall guy" left "holding the bag". The company:
- Deceived and manipulated to wrongfully place WBAL-TV's
responsibility on their innocent employee
- Wrongfully accused, used and misused their employee, who was
innocent, to cover for the incompetent and irresponsible actions
of WBAL-TV management
WBAL-TV has shown little regard for the
concepts of honesty, ethics or integrity. People should be protected
from the acts WBAL-TV has committed against their employee, the
plaintiff, and the court system. A company should not be able to:
- Own a vehicle
- Instruct an employee to drive that vehicle
- Accept no responsibility for that vehicle or their employee
if involved in an accident
- Prevent the employee from obtaining legal representation
if charged in a lawsuit resulting from an accident involving the
company vehicle
- Hide and conceal their ownership from any and all
parties involved in an accident with their vehicle
Are citizens of and visitors to Maryland safe on the streets and
employees safe in their jobs? Should law enforcement and the Court
investigate WBAL-TV’s activities? Companies should not be allowed to
practice the acts carried out by managers in their handling of this
WBAL-TV owned and operated news vehicle accident. Consideration
needs to be given to all the MTA passengers that ride the bus
everyday. This is a request for lawmakers of Maryland to adopt
legislation that protects good people from bad businesses. Protect citizens,
employees and employers in Maryland. Enact the "WBAL-TV
Corporate Irresponsibility Act" now.
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