How To Get A Jury Verdict In A Case In Baltimore

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1 Monthly Summaries of Civil Jury Verdicts From MD, DC & N. VA Volume 20 Issue 4 METRO VERDICTS MONTHLY Your Essential Guide To Case Evaluation Since 1987 Hospital Liable for Attack on Worker Technician Assaulted by Psychiatric Patient Awarded $1.9M BY CAROL MEIROW $50K $45K $40K $35K $30K $25K $20K $15K $10K $5K 0 ASuperior Court jury in the District of Columbia awarded $1,905,319 to a psychiatric technician who was attacked and injured by a patient. The verdict was against the hospital where the incident took place. The jury awarded an additional sum of $100,000 to plaintiff s husband. Plaintiff Chinyere Anyanwu was a psychiatric technician employed by a temporary agency and was working in Defendant Howard University Hospital's psychiatric ward. An individual came to the emergency department of defendant hospital late in the evening of June 29, The patient was diagnosed with psychosis and admitted to the psychiatric ward. The patient was sent to the locked-down ward with a one point restraint on one ankle attached to a gurney, according to medical records. However, plaintiff remembered a four point restraint on the patient's ankles and both wrists. Plaintiff alleged this patient was in psychiatric restraints because he was dangerous and overly aggressive and the restraints were removed without authorization or documentation less False Arrest/Imprisonment Median Verdicts & Settlements (Defense Verdicts Omitted) $25,000 District of Columbia Source: Metro Verdicts Monthly Since 1987 $29,000 Maryland $26,000 Virginia than 15 minutes after the patient arrived on the psychiatric ward. The patient, who was now unrestrained, then punched plaintiff in the face and rolled a chair over her foot, which plaintiff said aggravated a preexisting condition. Plaintiff alleged defendant deviated from the standard of care in failing to order a doctor's evaluation to deem the patient safe from himself and others before removing the restraints. Defendant contended the patient was in non-psychiatric restraints as there was no reason to believe he was a danger to himself or others. Defendant argued that this explained the absence of any documentation. INJURIES: Facial contusions and foot injury necessitating several surgeries and resulting in a permanent disability. VERDICT: $1,905,319, plus $100,000 for consortium to plaintiff s husband. For full details, see page 6. NOTABLE DECISIONS $80,300 Woman Shot at by Police Receives Jury Award on PTSD Claim...5 $6,000,000 Apartment Complex Owners Found Liable for Lead Paint Exposure to Boy...10 Defense Verdict Jury Finds Shopping Center Not Liable for Wild Goose Attack...16 $1,382,000 Utility Company Slammed by Jury for Investigating Employees...19 $192,000 Husband and Wife Injured in Crash with Dirt Hauler Win Monetary Award...20 Defense Verdict Construction Company Beats Rap on Roadway Defect Claim...20 CONTENTS Court Index...2 Case Summaries...4 Attorneys...30 Judges...31 Expert Witnesses...31 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

2 COURT INDEX DISTRICT OF COLUMBIA Disgruntled Client Loses Legal Malpractice Claim Anyanwutaka Kingsley v. Vandy L. Jamison, Jr., et al Tapping of Bumper Yields Small Verdict for Injured Driver Thomas Savoy v. George N. Williams PTSD Claim Leads to Damages for Woman Shot at by Police Rebecca Smith v. District of Columbia Government Psychiatric Tech Claims Permanent Injury Following Attack by Patient Chinyere Anyanwu, et al. v. Howard University Hospital ANNE ARUNDEL COUNTY, MD Extent of Elbow Injury Contested in Auto Case Amanda Hargett v. James Thomas Residential Trailer Owner Sues for Damages After Structure Collapse Thomas Kruggel v. Morris Jory d/b/a Shoreline Builders, LLC BALTIMORE CITY, MD Chain Reaction Crash Triggers Motorist s Injury Claim Leaandra Faulkner v. Raymond Karim, Derrick Sumpter, et al Elderly Driver Awarded Damages for Crash With Cop Frank Keith, Jr. v. Spencer P. Moore, et al Exposure to Lead Paint Results in Large Verdict for Child Antonio Ross, Jr. v. Garden Village Realty Corporation and Regional Management, Inc BALTIMORE COUNTY, MD Shoulder Injury Claim Yields Nominal Jury Award Patricia Deford v. Miguel Benitez, et al Medical Providers Not Liable for Patient s Death Deborah Franklin, Individually and as Personal Representative of Gregory Franklin and Robert Franklin v. Patient First of Maryland, Inc CECIL COUNTY, MD Family Members Settle Dispute Over Deceased Father s Assets Helen Marie Craig and Lavenia Civitella v. Donald Gifford, et al HARFORD COUNTY, MD Driver and Passenger Awarded Damages for Auto Injuries Eric Anderson and James Linthicum v. David Figueroa Pedestrian Unable to Convince Jury of Motorist s Liability Dennis Ray Fish, Sr. v. Stephen N. Cline, Jr MONTGOMERY COUNTY, MD Pedestrian Struck in Crosswalk Settles Claim with Driver Evangeline Drennaman v. Michael Arthur Hogan Failure to Timely File Summary Judgment Motion is Costly for Attorney Liz Hanby v. Maher Hanania, et al Goose Attack Prompts Lawsuit Against Shopping Center Suzanne L. Webster v. Contemporary Watercrafters, Inc. and Rockville Pike Properties, LP Teacher Injured in Capital Beltway Accident Receives Monetary Award Kyla Sankey v. Kanwaljeet Singh PRINCE GEORGE S COUNTY, MD Soft Tissue Injuries Yield Award for Plaintiff Motorist Myra Thompson v. Ed Roberts Red Light Dispute Resolved in Plaintiff s Favor Merriam Robertson-Morton v. Kristen Taylor SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

3 Pepco s Investigation of Employees is Costly Mark Cawood and Joseph Joyner v. Potomac Power Company and Montgomery Investigative Services, LLC Dirt Hauler Crash Yields Verdict in Favor of Husband and Wife Sterling Davis and Brenda Davis v. Aztlan, Inc WASHINGTON COUNTY, MD Construction Company Blamed for Roadway Defect Wins Lawsuit Phillip Balmford v. P & W Excavating, Inc State Farm Found Liable on UIM Claim After Disputing Causation James E. Harrell v. State Farm Mutual Automobile Insurance Co COURT LOUDOUN COUNTY, VA Passenger Awarded Damages for Rear-End Collision Elliot Blanton v. David Ramonet Motorist Injured in DWI Accident Settles Claims Joseph Trammel v. Eleth Anne Hilz STAFFORD COUNTY, VA INDEX Issue of Permissive Use Decided Against UIM Carrier Jeffrey L. Clark v. Nationwide Assurance Company and Cincinnati Insurance Company ARLINGTON COUNTY, VA Hospital Staff Denies Responsibility for Patient s Hip Fracture Esther Bailey v. Virginia Hospital Center-Arlington Health System..22 FAIRFAX COUNTY, VA Contract Dispute Centers on Materials and Workmanship Nadar Mameghani v. Serbay Marble and Granite, Inc Exit Ramp Crash Results in Monetary Award for Injured Driver Lisa Luu v. Pamela Schroeder Drunk Driver Ordered to Pay Punitive Damages to Injured Family Frank Winter, Fe Winter and Elaine Winter v. Luis Roberto Larios...26 FAUQUIER COUNTY, VA Rear-End Auto Case Settles Prior to Trial Tammy L. Thomas v. Jennifer F. Steinberg SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 3

4 District of Columbia Superior Court Disgruntled Client Loses Legal Malpractice Claim Anyanwutaka Kingsley v. Vandy L. Jamison, Jr., et al. LEIBOVITZ, LYNN Defense verdict Lynn Leibovitz Date of 7/18/2007 AKPAN, EMMANUEL D. TOWNS, JAMES A. Emmanuel D. Akpan, Silver Spring, MD James A. Towns, Washington Facts: A former client brought a legal malpractice and abandonment claim against his attorney after the client s conviction and sentencing. A District of Columbia Superior Court jury deliberated 40 minutes before returning a defense verdict. order. In addition, plaintiff claimed defendant abandoned him. Plaintiff s expert, who specialized in criminal law, testified that defendant failed to zealously pursue his client s objective by failing to discover the mistake and obtain a reduction of the sentence. Defendant contended that he made a tactical decision to initially focus his attention on proving to the judge that plaintiff had divested his interest in the properties that were the subject of his criminal conviction. He argued that this was the most efficient way to obtain plaintiff s timely release from jail. Defendant claimed a request to correct a sentencing mistake could be done at any time. He further contended that he had terminated his relationship with plaintiff prior to accomplishing the goal because he believed plaintiff was attempting to transfer properties to entities which would permit him to maintain future control of those properties. Plaintiff Profile: Plaintiff was a 50 year old married male who was a landlord. Alleged Injury: Legal malpractice. Sidell, Gary M., Esq. 40 minutes Gary M. Sidell, Esq. Attorney Washington, DC Plaintiff Kingsley Anyanwutaku brought a legal malpractice and abandonment claim against defendant attorney Vandy Jamison stemming from a criminal conviction in the District of Columbia Superior Court. Plaintiff, a landlord, was initially charged with more than 2,000 criminal housing and tax code violations in the District of Columbia. He pled guilty to several of the charges and was sentenced to approximately six years in prison, which was more than the sentence requested by the prosecution. However, the judge indicated he would consider reducing the sentence if plaintiff could show he had completely divested himself of the instrumentalities of his crime, which were the properties he owned or controlled. Plaintiff was represented by other attorneys during the plea negotiations, plea and sentencing. After he was sentenced to the lengthy prison term, plaintiff terminated his original lead attorney and hired defendant to handle his post-conviction motions. Plaintiff alleged defendant was negligent in not discovering that the original sentence included approximately 336 days that were erroneously included on the judgment and commitment order. Plaintiff alleged that, on or about January 3, 1996, he retained defendant to file a motion to reconsider his sentence. He asserted that defendant filed the motion, but it was defective in that it failed to bring to the court s attention that a sentence of 336 days had been erroneously included on the judgment and commitment 1999CA002084B District of Columbia Superior Court Tapping of Bumper Yields Small Verdict for Injured Driver Thomas Savoy v. George N. Williams $338 Lynn Leibovitz 4 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount LEIBOVITZ, LYNN Date of 9/25/2007 GORMLY, CHARLES F. HILL, DENISE ADAMS Charles F. Gormly, Washington Denise Adams Hill, Fairfax

5 Facts: A District of Columbia jury awarded $338 to a driver who was allegedly injured in a two vehicle collision at a stop light. Defendant disputed liability and proximate cause of plaintiff s injuries. The jury deliberated 1.5 hours before returning its verdict. Plaintiff Thomas Savoy stopped his vehicle at a red light in multiple lanes of traffic. Defendant George N. Williams, who was traveling behind plaintiff, struck the bumper of plaintiff s vehicle. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. He argued that the accident was the proximate cause of his soft tissue head, neck and back injuries. Plaintiff claimed he was unable to work for six months and treated with physical therapy and pain medication. District of Columbia Superior Court PTSD Claim Leads to Damages for Woman Shot at by Police Rebecca Smith v. District of Columbia Government $80,300 to Plaintiff Smith. See Editor s Note. Defendant denied liability and causation. Defendant contended that plaintiff failed to move forward when other vehicles in traffic began to move. He maintained that he took his foot off the brake and, when he realized plaintiff was not paying attention, he put his foot back on the brake and tapped plaintiff s bumper. Defendant argued that plaintiff had preexisting injuries from a serious headon collision that occurred several years before this accident. Defendant asserted that plaintiff gave conflicting testimony. He noted that plaintiff testified he had bumped his head, which caused large swelling on his head. However, emergency room records failed to show that injury. Further, defendant presented evidence that plaintiff stated he drove home and then had his wife drive him to the hospital; however, emergency room records on the day of the injury showed he drove himself to the hospital four hours after the incident. Finally, defendant argued that plaintiff was unable to provide verification of his inability to work, only that he and his boss decided it was better for him not to work because he was in pain. Plaintiff Profile: Plaintiff was a 42 year old married male employed as a forklift operator. Alleged Injury: Soft tissue head, neck and back injuries. Plaintiff was unable to work for six months. He treated with physical therapy and pain medication. Plaintiff claimed $20,000 for lost wages and $3,300 in medical specials. 1.5 hours Settlement Efforts: Last Demand: $15,000 Last Offer: $7,500 Liberty Mutual 2006CA000365B Editor s Notes: Per defendant s counsel, plaintiff s testimony at deposition and trial was inconsistent with facts at the scene of the accident and with the emergency room records. Robert E. Morin SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 5 MORIN, ROBERT E. Date of 10/24/2007 STOVALL II, W. THOMAS FROST, SHANA L. W. Thomas Stovall II, Washington Shana L. Frost, Washington Facts: A vehicle passenger recovering from surgical anesthesia claimed she suffered emotional injuries after police officers shot at her host vehicle. She sought damages from defendant city, which disputed all allegations and claims of damages. The jury awarded plaintiff $80,300 after deliberating 2 hours. Plaintiff Rebecca Smith was taken to an area hospital by her boyfriend, Ian Preddie, for a scheduledoutpatient surgery. She was not allowed to drive home after the procedure due to surgical anesthesia and was being transported home by Preddie. They detoured to pick up Preddie s children at a babysitter s house. The sitter lived in an apartment complex with private streets and, despite a no parking sign erected by the complex, Preddie stopped the vehicle in front of the sign and went inside to get his children. A note from the babysitter indicated they were on an outing, so Preddie returned to the vehicle. While walking back, he tucked his shirt inside his oversized baggy pants. The action was noted by two Defendant District of Columbia bicycle police officers who were in the complex. The officers approached the vehicle and asked Preddie to produce his license and registration. Preddie had none because it was not his car. When the officers pressed him for identification, Preddie drove away. One of the officers fired his gun at the vehicle 7 to 10 times. Preddie drove out of the apartment complex around the corner and made a short turn before driving into the side of a building. He then exited the vehicle and ran from the scene. Preddie was ultimately caught and arrested by a third police officer who chased him from the vehicle. Plaintiff, who was recovering from anesthe-

6 sia, was still in the vehicle. Defendant s officers removed her from the vehicle and placed her in a cruiser where she was allegedly left for three hours before being transported to the station for questioning. Plaintiff had no transportation home because her host vehicle was towed from the scene. A friend picked her up from the police station. Plaintiff and Preddie both filed lawsuits against defendant. The cases were consolidated for trial. Preddie received a monetary award, which was published in a previous issue of Metro Verdicts Monthly. Plaintiff alleged she had a history of psychological treatment for abandonment issues and, following this incident, she developed post-traumatic stress disorder (PTSD). Plaintiff claimed the vehicle was parked on private property and the officers had no reason to be in the apartment complex or approach Preddie. She maintained that the officers assaulted her and caused intentional infliction of emotional distress such that she developed PTSD. She claimed she was unable to sleep or eat and was afraid of security/authority figures. The individual officers were named as defendants, but were dismissed prior to trial. The case proceeded against Defendant District of Columbia. Defendant denied that plaintiff was assaulted and argued that the shooting was justified. Defendant maintained that plaintiff s host vehicle was parked in a public alley and the officers had the right to approach plaintiff and her boyfriend for identification. Further, defendant contended that plaintiff had preexisting emotional difficulties and did not suffer emotional distress as a result of this event. Defendant also disputed that plaintiff s PTSD was caused by this incident. Plaintiff Profile: Plaintiff was a 28 year old single black female who worked two jobs and was a student. 2004CA004555B; 2004CA004583B Editor s Notes: Ian Preddie filed a separate lawsuit, which was consolidated with this case for a jury trial. He was awarded $15,714 in damages. Preddie s case was reported in Metro Verdicts Monthly, Issue 20, Volume 2. District of Columbia Superior Court Psychiatric Tech Claims Permanent Injury Following Attack by Patient Chinyere Anyanwu, et al. v. Howard University Hospital HEDGE, BROOK $2,005,319. Breakdown: $1,905,319 to plaintiff ($133,406 for past medicals; $56,708 for future medicals; $368,163 for past and future wage loss; $347,042 for lost household services; and $1,000,000 in pain and suffering) and $100,000 to plaintiff s husband for loss of consortium. Brook Hedge Date of 1/31/2008 Alleged Injury: Post-traumatic stress disorder (PTSD) as a result of a police shooting. Plaintiff required ongoing treatment and claimed this was a new injury related to the event in question. She was prescribed medications for her disorder and had ongoing complaints from the date of the incident to the date of trial. 2 hours FELDMAN, MICHAEL H. MEYERS, CRAIG I. FARRELL, HUGH W. GUNDERSON, ERIC W. Michael H. Feldman, Gaithersburg Craig I. Meyers, Gaithersburg Hugh W. Farrell, Columbia Eric W. Gunderson, Columbia Settlement Efforts: Last Demand: N/A Last Offer: $10,000 Self-insured Kimberly Y. Campbell, Ph.D. Psychologist Washington, D.C. Facts: A patient admitted to a psychiatric ward with a diagnosis of psychosis allegedly attacked and injured plaintiff staff member. The plaintiff filed a claim alleging violations of the hospital s policies and procedures. Defendant argued that most of plaintiff s injury complaints were caused by a preexisting arthritic condition. Plaintiff was awarded $1,905,319 in Superior Court after 3 hours of deliberation. Plaintiff s husband was awarded $100,000 for loss of consortium. Campbell, Kimberly Y., Ph.D. Witter, Jeanette M., Ph.D. N/A Jeanette M. Witter, Ph.D. Psychologist Washington, D.C. N/A Plaintiff Chinyere Anyanwu was a psychiatric technician employed by a temporary agency. She worked in Defendant Howard University Hospital s psychiatric ward on a one year con- 6 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

7 tract. Sometime in the middle of the one year period, an individual came to the emergency department of defendant hospital late in the evening of June 29, The patient was diagnosed with psychosis and admitted to the psychiatric ward. The patient was sent to the locked-down ward with a one point restraint on one ankle attached to a gurney, according to medical records. However, plaintiff remembered a four point restraint on the patient s ankles and both wrists. Plaintiff alleged this patient was in psychiatric restraints because he was dangerous and overly aggressive. Defendant s policies and the standard of care only apply to psychiatric restraints and they must be ordered by a physician for application and removal. The restraints were allegedly removed without documentation less than 15 minutes after the patient arrived on the psychiatric ward. The patient then attacked plaintiff by punching her in the face and rolling a chair over her foot, aggravating a preexisting arthritic condition which resulted in four surgeries. Plaintiff alleged defendant deviated from the standard of care in failing to order a doctor s evaluation to deem the patient safe from himself and others before removing the restraints. Plaintiff alleged a breach of the standard since there is no mention in the medical records of who took off the restraints and for what reason. Plaintiff s husband sought damages for loss of consortium due to his wife s permanent foot injury and her alleged inability to work again. Defendant contended the patient was in non-psychiatric restraints as there was no reason to believe he was a danger to himself or others. Defendant argued that this explained the absence of any documentation. Defendant further argued that most of plaintiff s damages related to her preexisting arthritic foot condition and not this attack. Plaintiff Profile: Plaintiff was a 49 year old married female employed as a psychiatric ward technician. Alleged Injury: Punch to the face resulting in headaches, dizziness, bruises and contusions that resolved. Plaintiff also sustained a foot injury that necessitated fusion surgery, a second surgery (arthroscopy) for debridement, and a third surgery (arthrotomy) to determine if plaintiff had an infection due to ongoing complaints of pain. Plaintiff was then hospitalized for 10 days with IV antibiotics to treat an infection. During the hospitalization, it was suspected that plaintiff had damage to the peroneal nerve as a result of the first surgery, which necessitated another surgery to bury the nerve to minimize plaintiff s pain. Although plaintiff s pain improved, she claimed permanent numbness to the top of her right foot. Because of limited movement of the foot, she used a walker and claimed she would be unable to work. She sought $133,406 in past medicals and $56,708 in future medicals. Phillips, Robert, M.D. Cooper, Paul S., M.D. Rodriguez, Ignacio, M.D. Wasserman, Justin H., M.D. Bussey, Phillip, Ph.D. Lurito, Richard J., Ph.D. Wise, Thomas N., M.D. Guyton, Gregory, M.D. Forest, Nancy Bird, Ronald, Ph.D. Robert Phillips, M.D. Psychiatrist Annapolis, MD Paul S. Cooper, M.D. Orthopedist Washington, DC Ignacio Rodriguez, M.D. Neurologist Chevy Chase, MD Justin H. Wasserman, M.D. Pain Management Bethesda, MD Phillip Bussey, Ph.D. Vocational Rehabilitation Lanham, MD Richard J. Lurito, Ph.D. Economist McLean, VA Thomas N. Wise, M.D. Psychiatrist Falls Church, VA Gregory Guyton, M.D. Orthopedist Baltimore, MD Nancy Forest Vocational Expert Laurel, MD Ronald Bird, Ph.D. Economist Jefferson, VA 2004CA004754M Editor s Notes: Per plaintiff s counsel Feldman, defendant s psychiatric liability expert contradicted his testimony by admitting in his deposition several months earlier that the restraints were psychiatrically necessary in the emergency room. Per defense counsel Farrell, the case had been dismissed at one time on the basis that the claimant had received workers compensation benefits. However, on a motion to reconsider, the judge reinstated the case. Farrell said post-trial motions and a possible appeal were pending at the time of editing this case for publication on the grounds the claimant s sole and exclusive remedy was workers compensation, which she received. Also, there were motions to reduce the size of the verdict pending. 3 hours SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 7

8 Anne Arundel County, MD Extent of Elbow Injury Contested in Auto Case Amanda Hargett v. James Thomas WOLFE, ERICA J. $65,601 which subsequently resolved pursuant to a confidential high/low agreement. Erica J. Wolfe Date of 10/18/2007 Harold B. Murnane III, Glen Burnie 1 hour Allstate C Anne Arundel County, MD Residential Trailer Owner Sues for Damages After Structure Collapse Thomas Kruggel v. Morris Jory d/b/a Shoreline Builders, LLC $53,396 HARRIS, JR., PAUL F. Paul F. Harris, Jr. MURNANE III, HAROLD B. FALTER III, GEORGE H. George H. Falter III, Baltimore Date of 10/11/2007 Facts: Liability was not disputed in this motor vehicle accident, but the parties disagreed on the nature and extent of plaintiff s injuries. The jury awarded plaintiff $65,601 after deliberating 1 hour. The parties reached a confidential high/low agreement prior to the jury verdict. Plaintiff Amanda Hargett was driving through a residential area near the intersection of Ft. Smallwood and Rivera Streets in Baltimore. She claimed her car was struck head-on by a vehicle driven by Defendant James Thomas, who drifted across the center line. This was a moderate impact accident. Plaintiff alleged defendant was solely responsible for this accident and the injuries she sustained. She claimed the moderate speed crash caused a ligament/tendon elbow injury and she had lingering pain in her dominant arm. Defendant admitted liability for this accident, but disputed the nature and extent of plaintiff s injury. He contended that plaintiff sought excessive treatment and her continuing problems were not related to the collision. BIRD, DAVID P. YOUNG, RYAN A. David P. Bird, Fulton Ryan A. Young, Baltimore Facts: A contractor was accused of violating The Maryland Consumer Protection Act after a structure he built collapsed. An Anne Arundel County jury awarded plaintiff $52,396 after deliberating 4 hours. Plaintiff Thomas Kruggel hired Defendant Morris Jory d/b/a Shoreline Builders, LLC to build a structure over his residential trailer. The trailer was residential in nature in that it had a kitchen and bathroom and was used as a recreational vehicle. The structure was A-frame and wooden. Defendant contractor reportedly guaranteed the construction was of a certain quality in the construction papers that were agreed to by the parties. Plaintiff s trailer sat on a platform that was built on a downhill slope. Three months after the project was finished, the structure collapsed in a snowstorm. The trailer was destroyed and a new platform had to be built. Plaintiff Profile: Plaintiff was a 30 year old single female employed as a bus driver. Alleged Injury: Ligament/tendon elbow injury to plaintiff s dominant arm requiring surgery. Plaintiff was able to return to work and claimed minor residuals. She sought an unspecified amount of economic and non-economic damages. Plaintiff alleged defendant was negligent in providing shoddy workmanship and misrepresenting the specifications promised. Plaintiff asked the jury for $83,000 to replace the trailer and install a new platform. Defendant denied the allegations and contended that he built the structure according to the manufacturer s specifications. 8 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

9 Plaintiff Profile: Plaintiff was a 64 year old male employed as a college professor. Alleged Injury: Violation of the Maryland Consumer Protection Act. Plaintiff sought $83,000 in damages. JOHNK, GRACE HARRIS JR., EDWARD B. MILLER, JOANNA M. Grace Johnk, Baltimore Edward B. Harris Jr., Baltimore JoAnna M. Miller, Towson Keiser, Dan, P.E. 4 hours Hartford Dan Keiser, P.E. Cost Estimating Reisterstown, MD C Editor s Notes: Per plaintiff s counsel, the jury compensated plaintiff for work that defendant completed, but not the cost of the new trailer, which would have cost less than building a slopeside platform. Counsel said plaintiff filed an appeal on the grounds that the Consumer Protection Act allows the Court to award attorney fees and, while some fees were awarded, the full amount plaintiff s attorney was entitled to was not granted. The jury recommended attorney fees, per Mr. Bird, when polled. In addition, counsel said defendant attempted to tender an expert insurance adjuster for the jury, but the witness was disallowed because the Court determined he was under qualified. Baltimore City, MD Chain Reaction Crash Triggers Motorist s Injury Claim Leaandra Faulkner v. Raymond Karim, Derrick Sumpter and John Moore PIERSON, W. MICHAEL Date of 9/2007 $16,056 against both defendants. Breakdown: $10,711 for past medicals and $5,345 in past lost wages. W. Michael Pierson Facts: Claims for injuries from a multiple rear-end accident were assessed against both defendants by a Baltimore City Circuit Court jury. Plaintiff was awarded $16,056 against both defendant drivers. Plaintiff Leaandra Faulkner stopped her vehicle for traffic ahead of her. While stopped, her car was rear-ended by a vehicle driven by Defendant Raymond Karim, who was first rear-ended by a vehicle driven by Defendant Derrick Sumpter. The Sumpter vehicle was owned by Defendant John Moore. The jury was asked to determine which defendant was to blame for the accident and the extent of plaintiff s injuries. Plaintiff alleged she sustained significant neck and back injuries as a direct result of this accident and that one or both of the defendants were responsible for her damages. Defendants blamed one another for the collision. Defendant Karim claimed he was stopped and Defendant Sumpter struck his vehicle and pushed it into plaintiff s vehicle. Defendant Sumpter argued that Defendant Karim struck plaintiff before he struck Karim. Both men disputed the nature and extent of plaintiff s injury claim and argued that she had recovered from her injuries. Plaintiff Profile: Plaintiff was a 50 year old female. Alleged Injury: Soft tissue cervical and lumbar injuries which required treatment. Plaintiff s injuries resolved after a period of time. She sought $10,711 in medicals, $5,345 in lost wages and an unspecified amount of damages for pain and suffering. MAIF (Sumpter); State Farm (Karim) 24C Baltimore City, MD Elderly Driver Awarded Damages for Crash With Cop Frank Keith, Jr. v. Spencer P. Moore, et al. SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 9

10 $25,912. Breakdown of $20,000 for pain and suffering; $5,673 for past medical specials; and $239 for property damage. Self-insured 24C BERGER, STUART R. Stuart R. Berger Date of 10/9/2007 FREEDMAN, RACHEL ALPERT GILES, SUSAN Rachel Alpert Freedman, Owings Mills Susan Giles, Baltimore Facts: A Baltimore City jury awarded an elderly driver $25,912 for injuries sustained when a police officer struck his vehicle when he was trying to execute a left turn. Defendants denied liability and stated that the police officer was acting within the scope of his employment and had his emergency equipment activated. The jury deliberated 20 minutes before returning its verdict. Plaintiff Frank Keith was driving home from breakfast and stopped his vehicle at an intersection. He attempted to make a left turn when his vehicle was struck by a Baltimore City Police Officer, Defendant Spencer Moore, who was responding to an emergency call. Defendant Moore was driving the police vehicle in the same direction as plaintiff, but was in the oncoming lane of traffic. Plaintiff stated he never heard sirens, nor did he seen any emergency lights. He said he did not look to his left for approaching traffic as there should not have been a vehicle in the opposite lane of traffic that was traveling in his direction. The City of Baltimore was also named as a defendant. Plaintiff alleged defendant officer was operating his vehicle left of center without emergency equipment activated and caused the accident. Plaintiff claimed the officer was negligent in failing to keep a proper lookout and yield the right-of-way. Plaintiff asserted that Defendant City was vicariously liable for the police officer s actions. Plaintiff claimed his soft tissue injures were a direct result of the collision. Defendants denied liability and causation. Defendant Moore contended that the lights and siren on his police cruiser were activated and the road was clear. They maintained the police officer was acting within the scope of his employment. Plaintiff Profile: Plaintiff was a 75 year old married male who provided lawn care services. Alleged Injury: Soft tissue back and chest injuries. Plaintiff was treated at the hospital and then sought treatment from his primary care physician, followed by physical therapy. Plaintiff incurred $5,673 in past medical specials. 20 minutes Editor s Notes: Per plaintiff s counsel, a factor that significantly impacted the case was that plaintiff had no reason to look to his left before making his turn. Baltimore City, MD Exposure to Lead Paint Results in Large Verdict for Child Antonio Ross, Jr. v. Garden Village Realty Corporation and Regional Management, Inc. $6,000,000 MATRICCIANI, ALBERT J. JR. Date of 1/22/2008 POWELL, BRUCE H. JOSEPH, CHARLES I. Albert J. Matricciani Jr. Bruce H. Powell, Baltimore Charles I. Joseph, Baltimore Facts: A young boy who suffered loss of cognitive and motor skills from lead poisoning claimed the apartment in which he lived was contaminated. Defendants denied liability. A Baltimore City jury awarded plaintiff $6,000,000 after deliberating 30 minutes. The damages will reportedly be capped around $600,000 under Maryland s law limiting awards for non-economic damages. Plaintiff Antonio Ross lived with his mother at the Garden Village Apartments in Baltimore. The apartments were owned by Defendant Garden Village Realty and managed by Defendant Regional Management. Beginning in 2001, plaintiff s mother and grandmother made repeated complaints to defendants about the condition of paint and leaks in the roof and ceiling in their apartment. In October 2001, when plaintiff was just 2 years old, he was diagnosed with 21 micrograms of lead per deciliter of blood, which is more than twice the level recommended for treatment for lead poisoning. The health department visited plaintiff s apartment and issued a violation notice. Testing revealed 11 areas of lead contamination. The areas were treated and the apartment was tested again in May Two more areas of contamination were 10 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

11 found and reportedly remediated. Plaintiff Antonio s lead levels remained high until Plaintiff alleged defendants were negligent in ignoring the repeated complaints regarding the condition of the paint in the apartment and the leaks in the roof and ceiling. Plaintiff further claimed defendants were responsible for the lead contamination and plaintiff could not be certain that all the lead was removed. Plaintiff claimed he suffered permanent brain damage from the lead paint exposure. Defendants denied liability. Defendants contended that the areas of lead contamination were remediated and plaintiff s exposure to the lead had occurred elsewhere, possibly at his father s home, which was located in an area with known open lead hazard violations. Plaintiff Profile: Plaintiff was a 2 year old black male. Alleged Injury: Brain damage as a result of exposure to leadbased paint. Plaintiff lost IQ points, suffered loss of motor skills and cognitive skills that affect the way he recalls and organizes information. 30 minutes 24C Baltimore County, MD Shoulder Injury Claim Yields Nominal Jury Award Patricia Deford v. Miguel Benitez, et al. $7,044 her $7,044 as compensation for her left shoulder impingement injury. Defendant had denied liability and asserted that plaintiff caused the accident when she stopped suddenly. On August 13, 2003, Defendant Miguel Benitez approached an off ramp to Mount Carmel Road on Route 83 North from Baltimore during mid-morning. Plaintiff Patricia Deford was driving in front of him and stopped for an unknown reason. Defendant rear-ended plaintiff. Property damage was minimal. Plaintiff claimed she slowed for a yield sign. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff claimed she suffered a shoulder impingement injury that required arthroscopic surgery as a result of the accident. Defendant contended that plaintiff was contributory negligent as she caused the accident when she stopped short for no reason and should be barred from recovery. Defendant presented a video deposition of a medical expert who opined that plaintiff did not need the surgery and she had preexisting medical issues with the left shoulder as noted in her medical records. Plaintiff Profile: Plaintiff was a 46 year old married female who was retired. Alleged Injury: Calcific tendonitis (calcium deposits in the rotator cuff) and adhesive capsulitis with impingement in the left shoulder. Arthroscopic surgery with decompression was required. Plaintiff claimed the injury was permanent. She treated with five doctors, plus an osteopathic doctor. She claimed $37,000 in medical specials. Plaintiff asked jury for $112,000 for her injuries. 30 minutes Settlement Efforts: Last Demand: $100,000 Last Offer: $10,000 03C Editor s Notes: Per defendant s counsel, the jury may have interpreted the injury to be excessive in light of the minor property damage. CAVANAUGH, PATRICK Patrick Cavanaugh Date of 8/10/2007 HERSHFIELD, LESLIE DAVID O NEILL JR., JOHN J. Leslie David Hershfield, Baltimore John J. O Neill Jr., Rockville Facts: A motorist injured in a rear-end collision sought damages from a Baltimore County jury for her injuries. The jury awarded SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 11

12 Baltimore County, MD Medical Providers Not Liable for Patient s Death Plaintiff Profile: Plaintiff s decedent was a 30 year old single black male employed in the health insurance industry. Alleged Injury: Death from anaerobic lung infection. 2 hours Settlement Efforts: Last Demand: $250,000 Last Offer: $50,000 Deborah Franklin, Individually and as Personal Representative of Gregory Franklin and Robert Franklin v. Patient First of Maryland, Inc. ENSOR, JUDITH C. Defense verdict Judith C. Ensor Date of 8/28/2007 Alison J. McGriff, Washington Stephen D. Annand, Washington MIXX Calvin M. Kunin, M.D. Internist Columbus, OH Keith Myers, M.D. Internist Gainesville, FL Ian M. Lande, M.D. Radiologist Fairfax, VA Walker Smith, M.D. Forensic Pathologist Rutland, VT MCGRIFF, ALISON J. ANNAND, STEPHEN D. STEPHENS, WARREN D. BROWN, NEAL M. Warren D. Stephens, Lanham Neal M. Brown, Lutherville Paul Auwaeter, M.D. Infectious Diseases Timonium, MD Facts: A 30 year old man died from a lung infection and his caregiver was sued for medical malpractice regarding an alleged misdiagnosis and failure to treat properly. A Baltimore County jury deliberated 2 hours before finding in favor of defendant. Kunin, Calvin M., M.D. Myers, Keith, M.D. Lande, Ian M., M.D. Smith, Walker, M.D. Auwaeter, Paul, M.D. Mayer, Andrew, M.D. Andrew Mayer, M.D. Infectious Diseases Baltimore, MD 03-C Plaintiff s decedent, Gregory Franklin, presented to Defendant Patient First of Maryland with symptoms of pneumonia. He was treated and released with a prescription for antibiotics. Decedent s condition worsened. He went to the emergency room and later died. Plaintiff alleged decedent had an anaerobic lung infection with cavitation which defendant primary care physician failed to diagnose and treat correctly. Plaintiff s expert testified that decedent s X-rays showed lung cavitation with anaerobic infection. Defendant denied plaintiff s allegations. Defendant contended that decedent s condition was not capable of being diagnosed and that the deceased failed to follow doctor s orders. Defendant also claimed the man s death was due to the negligence of the emergency room and hospital. Defendant s expert testified that decedent did not present with symptoms or signs of anaerobic infection and defendant s physician complied with the standard of care. The individual doctor was dismissed prior to trial. Editor s Notes: Per defendant s counsel, plaintiff s decedent failed to follow doctor s orders and the jury found the primary physician was not negligent. Cecil County, MD Family Members Settle Dispute Over Deceased Father s Assets Helen Marie Craig and Lavenia Civitella v. Donald Gifford and Tina Gifford Settlement: $18, SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

13 KARWACKI, ROBERT L. Robert L. Karwacki Alleged Injury: Breach of fiduciary duty and conversion. Settlement Date: 10/17/2007 RICHITELLI, EDWARD A. PARRACK, DAVID H. Edward A. Richitelli, Elkton David H. Parrack, Elkton Settlement Efforts: Last Demand: $25,000 Last Offer: $6,000 Joseph K. Weidner, Jr., M.D. Family Medicine Rising Sun, MD Facts: An action in Cecil County involving breach of fiduciary duty and conversion claims settled for $18,000. The settlement occurred during trial. Weidner, Jr., Joseph K., M.D. 07C Plaintiffs Helen Craig and Lavenia Civitella were sisters who brought this action alleging Defendant Donald Gifford, who was their brother, had abused a power of attorney he held in regard to the siblings infirm father. Defendant Tina Griffin was Defendant Donald Griffin s wife. At issue in the case was also the competency of the infirm father at the time he executed the power of attorney. Plaintiffs alleged their father was incompetent at the time he executed the power of attorney which made the power of attorney void and Defendant Donald Gifford acted without authority regarding their father s assets. Plaintiffs also argued that Defendant Donald Gifford had breached a fiduciary duty and converted assets of their father by favoring himself over the plaintiffs. They maintained that, prior to their father being placed in a nursing home and during the six months their father lived in the nursing home prior to his death, Defendant Donald Gifford had cashed in three certificates of deposit which were held in each of their names and in their father s name. Plaintiffs maintained Defendant Donald Gifford had deposited the proceeds from the certificates of deposit into their father s account. However, plaintiffs asserted that Defendant Donald Gifford then removed $15,000 from their father s account, which represented the amount of the certificates of deposit held in Defendant Donald Gifford s name and their father s name and he deposited these funds into his personal accounts. Plaintiffs maintained the approximately $30,000 represented the proceeds of the total of the two certificates of deposit plaintiffs each held with their father and the funds remained in their father s account and were dissipated in paying for their father s care. Plaintiffs asserted that Defendant Donald Gifford s actions caused assets to dissipate. Plaintiffs also maintained that Defendant Tina Griffin had conspired with Defendant Donald Griffin because she knowingly prepared the checks to remove their father s assets to Defendant Donald Griffin s personal accounts. Defendants contended that, at the time the power of attorney was executed, the father was lucid and the power of attorney was valid. Defendants also maintained that Defendant Donald Gifford, as power of attorney, had the authority to act and do with the assets just as the father could, including being unfair as to the disposition of the property. Editor s Notes: Per plaintiff s counsel, the outcome was impacted by the legal issue as to whether the discretion of one with a power of attorney is constrained when the effect of his actions favor himself when he is also one of the beneficiaries. Harford County, MD Driver and Passenger Awarded Damages for Auto Injuries Eric Anderson and James Linthicum v. David Figueroa BALDWIN, MAURICE W. JR. Date of 11/4/2007 $68,948. Breakdown: $41,840 to Plaintiff Anderson and $27,108 to Plaintiff Linthicum. Maurice W. Baldwin Jr. Andrew G. Slutkin, Baltimore Jake E. Zellweger, Towson SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 13 SLUTKIN, ANDREW G. ZELLWEGER, JAKE E. Facts: The extent of injuries arising out of this automobile accident was the issue presented to a Harford jury. The jury awarded plaintiffs $68,948, with $41,840 to the plaintiff driver and $27,108 to the plaintiff passenger. Plaintiff Eric Anderson was driving his vehicle with Plaintiff James Linthicum as a passenger. Approaching from the opposite direction was a vehicle driven by Defendant David Figueroa. Defendant admitted he lost control of his vehicle as he rounded a curve and T-boned plaintiffs vehicle.

14 Plaintiffs alleged they sustained soft tissue neck and back injuries as a result of the accident and their treatment was both necessary and reasonable. Defendant disputed the nature and extent of plaintiffs injuries. Defendant contended plaintiffs sought excessive treatment for their injuries and had recovered in a short period of time. Plaintiff Profile: Plaintiff Anderson was a 40 year old married male employed as a laborer in a truck facility. Plaintiff Linthicum was a 40 year old married male employed as a plumber. Alleged Injury: Both plaintiffs sustained soft tissue neck and back injuries which required orthopedic treatment, physical therapy and chiropractic treatment. Plaintiff Anderson also sustained lacerations from broken glass, a left S1 radiculopathy, driving anxiety and depressive disorder. He further contended that, because of the injuries, he was forced to take another position with his company for which he made less income. Plaintiff Anderson sought $22,251 in medicals, $2,589 in past lost wages and future lost wages of $200 per month. In addition to the soft tissue injuries, Plaintiff Linthicum claimed a herniated disc at C6-C7 and a right C7 radiculopathy. Plaintiff Linthicum sought $14,910 in medicals and $2,198 in lost wages. They both claimed non-economic damages for pain and suffering. 2 hours Date of 12/10/2007 ROSENZWEIG, JEFFREY A. POLING, A. ANNE Jeffrey A. Rosenzweig, Baltimore A. Anne Poling, Baltimore Facts: A defense verdict was returned by a Harford County jury in a personal injury case filed by a pedestrian who was struck by a vehicle. The jury deliberated for about 1.5 hours before reaching its decision. Plaintiff Dennis Ray Fish, Sr. was a pedestrian. He was crossing a street at an unmarked crosswalk in a residential neighborhood when he was struck by a vehicle operated by Defendant Stephen N. Cline, Jr. The accident occurred during the nighttime hours. Plaintiff alleged he had the right-of-way at the intersection. The parties stipulated to damages and the case was tried on liability only. Defendant contended plaintiff was unable to be seen because he was wearing dark clothes at night and the residential neighborhood and intersection where this accident occurred was poorly lit. Plaintiff Profile: Plaintiff was a 64 year old married white male who was retired from General Motors. Settlement Efforts: Last Demand: $400,000 (Anderson); $175,00 (Linthicum) Last Offer: $34,300 (Anderson); $25,800 (Linthicum) State Farm 12C Alleged Injury: Soft tissue injuries to the head, left arm, left shoulder and left side. Plaintiff claimed a permanent shoulder injury. He sought $9,963 in past medical expenses. Settlement Efforts: 1.5 hours Nationwide Harford County, MD Pedestrian Unable to Convince Jury of Motorist s Liability Dennis Ray Fish, Sr. v. Stephen N. Cline, Jr. 12C CARR, WILLIAM O. Defense verdict William O. Carr 14 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

15 Montgomery County, MD Pedestrian Struck in Crosswalk Settles Claim with Driver Evangeline Drennaman v. Michael Arthur Hogan Settlement: $35,000 Settlement Date: 9/7/2007 REES, DAVID C. MARTORANA, CARMEN J. David C. Rees, Hyattsville Carmen J. Martorana, Rockville Facts: A pedestrian struck by a moving vehicle in a crosswalk claimed to have sustained multiple injuries. Defendant driver did not contest liability and settled the woman s claims for $35,000 prior to trial. Plaintiff Evangeline Drennaman was crossing the intersection of Wisconsin Avenue and Waverly Street in Silver Springs when she was struck by a vehicle driven by Defendant Michael Arthur Hogan. Plaintiff was crossing with a signal and defendant was making a left turn with a green light on the perpendicular street. Plaintiff alleged defendant failed to yield the right-of-way of a pedestrian and failed to maintain a proper lookout. Plaintiff claimed she suffered multiple injuries as a result of the accident and sought damages for lost wages, past medical expenses and compensation for her pain and suffering. Defendant admitted liability, but questioned the nature and extent of plaintiff s damages. Plaintiff Profile: Plaintiff was a 59 year old married Asian female employed as an administrative assistant for a nonprofit organization. Alleged Injury: Mild closed head injury, cervical and lumbar strains, and left shoulder injury with permanent residuals. Plaintiff claimed $1,468 in lost wages and $11,307 in past medical expenses. Joseph, Herbert H., M.D. Herbert H. Joseph, M.D. Orthopedist Rockville, MD V Montgomery County, MD Failure to Timely File Summary Judgment Motion is Costly for Attorney Liz Hanby v. Maher Hanania, et al. $1,200,000 ROWAN, WILLIAM J. III Date of 10/4/2007 KOTLARSKY, MARK PRO SE William J. Rowan III Mark Kotlarsky, Laurel Pro Se Facts: Legal malpractice claims were filed by plaintiff against an attorney who was allegedly negligent in pursuing property loss damages in an underlying case. A Montgomery County jury was charged with determining damages only and awarded plaintiff $1,200,000 after deliberating 3 hours. Plaintiff Liz Hanby was the owner of commercial property she claimed was damaged by a contractor either intentionally or unintentionally. Plaintiff hired Defendant Maher Hanania to represent her in a case against contractors, her insurance company and her insurance broker. The case against the contractors, insurance company and insurance broker was dismissed. Defendant filed an untimely appeal, which was ultimately dismissed. Plaintiff filed a lawsuit against defendant and the law firm defendant joined while the appeal in the underlying case was pending. Plaintiff alleged Defendant Hanania failed to plead the case properly, failed to serve defendants and file an affidavit in opposition to a motion for summary judgment, and also failed to file a time- SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 15

16 ly appeal. Plaintiff argued that she sustained $1,200,000 in damage and sought that amount from Defendant Hanania, as well as punitive damages, and emotional distress. The court did not allow the claim for punitive damages to go to the jury. Defendant Hanania did not file an answer and a default judgment was entered against him on the issue of liability. The case proceeded to a jury trial on damages only. Plaintiff Profile: Plaintiff was a 60 year old female. Alleged Injury: Legal malpractice. Plaintiff sought $1,200,000 for damage to her commercial property, punitive damages and emotional distress damages. 3 hours keep the nesting geese away and warn patrons of their aggressiveness. Defendants denied liability and contended they did everything they could do to keep the birds away from the customers. A Montgomery County jury returned a defense verdict. On April 5, 2004, Plaintiff Suzanne Webster was a patron of a shopping center owned by Defendant Rockville Pike Properties. A pair of Canadian geese had nested at the shopping center near a pool and spa store, Defendant Contemporary Watercrafters. Defendants reportedly knew the geese were aggressive and had planned to take steps to keep them out of the shopping center with construction fencing. However, federal statutes protected the birds and precluded their removal during the hatching period. Plaintiff was walking to a different store in the shopping center when a goose began quacking, snapping and attacked her. Plaintiff fell as she tried to escape from the goose and fractured her hip and leg. Plaintiff alleged defendants were negligent in failing to do more to block the geese from nesting in the shopping center and failing to adequately warn shoppers the geese were aggressive. Plaintiff asserted that employees of Defendant Contemporary Watercrafters had taken care of the geese and had gone so far as to name the birds V Montgomery County, MD Goose Attack Prompts Lawsuit Against Shopping Center Suzanne L. Webster v. Contemporary Watercrafters, Inc. and Rockville Pike Properties, LP MCGANN, TERRENCE J. Defense verdict Terrence J. McGann Defendants contended that they took reasonable steps to warn their customers of the aggressiveness of the birds and claimed their hands were tied by federal regulations regarding the nesting of wild birds once their eggs were laid. Plaintiff Profile: Plaintiff was a 65 year old divorced white female employed as an economist. Alleged Injury: Fractured left hip and fractured left femur requiring hospitalization, rehabilitation home stay and outpatient therapy. The injury resulted in a permanent disability. Plaintiff claimed $61,000 in medical specials and $100,000 for pain and suffering. 5 hours Settlement Efforts: Last Demand: $100,000 Last Offer: Millers Mutual (Rockville Pike); CNA (Contemporary Water) Date of 12/5/2007 FELDMAN, LARRY J. O CONNELL, TERENCE J. DWYER, ANTHONY D. Larry J. Feldman, Baltimore Terence J. O Connell, Rockville Anthony D. Dwyer, Ellicott City Facts: A woman who was attacked and injured by a wild goose alleged negligence by defendant shopping center for failure to Reginald Lewis, M.D. Orthopedist Washington, DC Clifford C. Hinkes, M.D. Orthopedist Kensington, MD 16 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount Lewis, Reginald, M.D. Hinkes, Clifford C., M.D V

17 Editor s Notes: Per other published reports, plaintiff s counsel indicated the case was impacted when a subpoena of a federal employee to testify in the case was quashed. Plaintiff s attorney also said it was probably hard for the jury to assign negligence for the actions of a wild animal. Montgomery County, MD Teacher Injured in Capital Beltway Accident Receives Monetary Award Kyla Sankey v. Kanwaljeet Singh Plaintiff Profile: Plaintiff was a 27 year old single white female employed as a teacher. Alleged Injury: Soft tissue injury to the right knee requiring physical therapy, chest contusions and lacerations to the right thumb. Plaintiff also claimed post-traumatic stress disorder symptoms requiring treatment by a psychiatrist. She sought $8,877 in past medical specials and $2,500 in lost wages. 2.5 hours Settlement Efforts: Last Demand: $30,000 Last Offer: $14,450 Allstate Ann Birk, M.D. Psychiatrist Bethesda, MD $16,832. Breakdown: $9,332 for past medicals; $5,000 for pain and suffering; and $2,500 for lost wages Birk, Ann, M.D V MCCORMICK, MARY BETH Date of 1/11/2008 GOLDMAN, ROBERT J. SEAL, JEFFREY S. Mary Beth McCormick Robert J. Goldman, Bethesda Jeffrey S. Seal, Greenbelt Facts: A teacher who was injured in a rear-end accident was awarded $16,832 by a Montgomery County jury after 2.5 hours of deliberation. Plaintiff Kyla Sankey was driving in rush hour traffic on the Capital Beltway when her automobile was rear-ended by a vehicle operated by Defendant Kanwaljeet Singh. The impact forced plaintiff s vehicle to strike the vehicle to her right. Plaintiff s vehicle then careened back to the left and collide a second time with defendant s vehicle. Plaintiff s vehicle ultimately struck the roadway barrier and was declared a total loss. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff claimed she suffered soft tissue injuries to her right knee, chest contusions and lacerations to the right thumb. Plaintiff further asserted she developed post-traumatic stress disorder as a direct result of the accident. Defendant admitted liability, but disputed plaintiff s damages. Editor s Notes: Per plaintiff s counsel, the credibility of plaintiff and her mother, as well as photographs taken at the scene of the accident, affected the outcome. Prince George s County, MD Soft Tissue Injuries Yield Award for Plaintiff Motorist Myra Thompson v. Ed Roberts $12,200 LOMBARDI, JAMES J. James J. Lombardi Date of 9/27/2007 DUBOFF, JOEL JAGNE-SHAW, MAURICE Joel DuBoff, Silver Spring Maurice Jagne-Shaw, Greenbelt SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 17

18 Facts: A Prince George s County jury awarded $12,200 to a woman claiming soft tissue injuries. The claim arose following a rear-end traffic collision. Plaintiff Myra Thompson and Defendant Ed Roberts were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at a traffic light and was rearended by defendant s vehicle. This case was originally filed in District Court, but defendant filed a motion to remove the case to for this jury trial. Plaintiff alleged defendant failed to keep a proper lookout. Plaintiff claimed she sustained soft tissue neck and back injuries as a direct result of this accident. Defendant disputed the nature and extent of plaintiff s injuries. Plaintiff Profile: Plaintiff as a 40 year old female. Alleged Injury: Soft tissue neck and back injuries. Plaintiff claimed $2,800 in past medical expenses and $1,200 in past wage loss. CAL Prince George s County, MD Plaintiff Merriam Robertson-Morton was driving on Central Avenue in Prince George s County intending a left turn at an intersection. She claimed she had a green arrow and, while attempting to complete her turn, her car was struck by a vehicle driven by Defendant Kristen Taylor. Defendant claimed she had a green light to proceed through the intersection and plaintiff attempted a turn in the path of her vehicle. Plaintiff alleged she had a green arrow at the intersection which gave her the right-of-way and defendant failed to stop for a red light. Plaintiff claimed she sustained soft tissue knee and shoulder injuries as a result of the collision. Defendant contended she had the green light with the right-ofway and plaintiff turned in her path. Defendant also disputed the nature and extent of plaintiff s injuries and argued that any continuing complaints were preexisting and not related to this accident. Plaintiff Profile: Plaintiff was a 58 year old married black female employed part-time as a court bailiff. Alleged Injury: Post-traumatic arthritis of the left knee and a stretch injury to the shoulder. Plaintiff claimed permanent continuing pain to the date of trial. 35 minutes Settlement Efforts: Last Demand: $48,000 Last Offer: $20,000 Red Light Dispute Resolved in Plaintiff s Favor Merriam Robertson-Morton v. Kristen Taylor SMITH, THOMAS P. Date of 11/2007 $17,195, plus $115 in filing fees. Thomas P. Smith Webber, Stephen S., M.D. Fechter, Joel D., M.D. Erie Stephen S. Webber, M.D. Orthopedist Bowie, MD Joel D. Fechter, M.D. Orthopedist Bowie, MD CAL KOHLER, JR., WILLIAM L. BOSCOLO, SHARI COHEN William L. Kohler, Jr., Greenbelt Shari Cohen Boscolo, Rockville Facts: A dispute arose regarding which driver in this case failed to stop for a red light, thereby causing the accident in question. The case was presented to a Prince George s County jury, who awarded plaintiff $17,195 in damages. 18 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

19 Prince George s County, MD Pepco s Investigation of Employees is Costly Mark Cawood and Joseph Joyner v. Potomac Power Company and Montgomery Investigative Services, LLC LAMASNEY, MAUREEN M. Date of 1/30/2008 WINKELMAN, MICHAEL J. MCCARTHY, KEVIN J. FLANAGAN, WILLIAM P. BURKE, CHRISTINE M. GOETSCH, SCOTT D. $1,382,000 for both plaintiffs. Breakdown: $771,000 to Plaintiff Cawood ($750,000 in non-economic damages [capped at $650,000]; $18,000 in lost wages; and $3,000 in past medicals) and $611,000 to Plaintiff Joyner ($550,000 in non-economic damages; $50,000 for loss of marital relations; $10,000 past lost wages; and $1,000 in medicals). Maureen M. Lamasney Michael J. Winkelman, Bowie Kevin J. McCarthy, Bowie William P. Flanagan, McLean Christine M. Burke, McLean Scott D. Goetsch, Towson Facts: Defendant utility company allegedly used private investigators to spy on two company employees. Plaintiffs claims for negligence and loss of consortium advanced to the jury. They were awarded a total of $1,382,000 in damages. Plaintiffs Mark Cawood and Joseph Joyner were both 30 year employees of Defendant Potomac Electric Power Company (Pepco). They claimed defendant instigated an investigation based on hearsay and innuendo without ever contacting them or asking them about the allegations. Plaintiffs claimed the investigation was ordered based on rumors that plaintiffs were leaving work early. Those allegations came from an employee who heard it from another employee. A third employee reported the rumors to a supervisor. 4 cylinder with magnets attached to the undercarriage of his automobile with a cell phone inside. Joyner claimed he realized he was being followed when he noticed a strange van parked in his neighborhood. There was no clear evidence of how long the investigation was conducted, but the men both took medical leaves following the incidents. Cawood s medical leave lasted more than five months while Joyner s leave was more than one month. Plaintiffs have had continuous therapy and medication since the time of their leaves. They claimed their conditions were permanent. Plaintiffs alleged they never received an explanation from defendant company as to why the investigation took place, they had no chance to reply to the allegations, no disciplinary action was taken and neither one of them was fired. Plaintiffs filed claims of negligence, defamation, civil conspiracy and loss of consortium against both defendants. Plaintiffs claims against Montgomery Investigative Services were dismissed and plaintiffs then settled for a nominal amount. The claims proceeded to the jury against Pepco on negligence and loss of consortium only. The other claims against Pepco were dismissed. Defendant denied wrongdoing or that plaintiffs suffered any damages. Defendant argued there was no disciplinary action taken and plaintiffs were not terminated, so they suffered no damages. Plaintiff Profile: Plaintiff Cawood was a 52 year old married male. Plaintiff Joyner was a 54 year oldmarried male. They were both employed 30 years as trainers in the underground lines department. Alleged Injury: Defamation, civil conspiracy and loss of consortium. Plaintiffs claimed lost wages and emotional distress. They asked the jury for a total of $2,000,000 in compensatory and punitive damages. Settlement Efforts: Hardy, Cyril G., M.D. Etherton, Valerie, L.C.S.W. 2 hours Last Demand: N/A Last Offer: $100,000 Cyril G. Hardy, M.D. Psychiatrist Silver Spring, MD Valerie Etherton, L.C.S.W. Licensed Clinical Social Worker Dunkirk, MD CAL Defendant Pepco hired Defendant Montgomery Investigative Services to follow plaintiffs. Cawood alleged he noticed a 10 x SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 19

20 Prince George s County, MD Dirt Hauler Crash Yields Verdict in Favor of Husband and Wife Sterling Davis and Brenda Davis v. Aztlan, Inc. RATTAL, NICHOLAS E. $192,000. Breakdown: $152,000 for Plaintiff Sterling and $40,000 for Plaintiff Brenda Nicholas E. Rattal Date of 2/13/2008 MITCHELL, CHRISTOPHER H. JAGNE-SHAW, MAURICE Christopher H. Mitchell, Washington Maurice Jagne-Shaw, Greenbelt Facts: A disputed lane change accident resulted in a $192,000 verdict for a husband and wife who both claimed injuries from the collision. Defendant disputed liability and damages. Plaintiff Sterling Davis was driving a vehicle with his wife, Plaintiff Brenda Davis, as a passenger. They were traveling on H Street in northeast Washington, D.C., a four lane thoroughfare. Plaintiffs claimed a truck (dirt hauler) driven by an employee of Defendant Aztlan, Inc. attempted to change lanes and struck the side of plaintiffs vehicle. Plaintiffs claimed the impact caused significant injuries. There were no witnesses to the collision. Plaintiffs alleged the accident was solely caused by defendant s driver and they suffered serious injuries as a result. Plaintiff Sterling acknowledged preexisting low back problems, but argued that this accident aggravated his condition such that surgery was required. He claimed he could no longer pursue employment as a bus driver and sought wage differential, medicals, and pain and suffering. Plaintiff Brenda argued that she sustained a permanent neck injury and sought economic and non-economic damages. Defendant contended that plaintiff driver attempted to change lanes and caused the accident. Defendant also maintained that there was no objective evidence of Sterling s injuries and his complaints and need for surgery were not related to this accident. Defendant argued that Sterling had a spotty work history and there was no evidence he would have found work as a bus driver. Defendant disputed the nature and extent of Brenda s injury. Plaintiff Profile: Plaintiff Sterling was a 46 year old married male who was unemployed. His wife, Plaintiff Brenda, was a 52 year old female employed as a nursing assistant. Alleged Injury: Plaintiff Sterling sustained an aggravation of a preexisting lumbar back condition which necessitated decompression and laminectomy. He claimed residual pain and a bladder nerve injury with urinary urgency. He sought $30,000 in medicals and $150,000 in wage differential as he was unable to obtain employment as a bus driver and instead sought employment as a clerk. Plaintiff Brenda sustained a soft tissue neck injury causing permanent radiating pain into her dominant right arm. She sought $4,000 in medicals and $8,000 in lost wages. Settlement Efforts: Last Demand: N/A Last Offer: $5,000 (Brenda) and $10,000 (Sterling) State Farm CAL Washington County, MD Construction Company Blamed for Roadway Defect Wins Lawsuit Phillip Balmford v. P & W Excavating, Inc. MCDOWELL, JOHN H. Defense verdict John H. McDowell Date of 10/17/2007 DECARO, JEFFREY R. BOWIE JR., CHARLES C. SEPANIK, MICHAEL J. Jeffrey R. Decaro, Lanham Charles C. Bowie Jr., Lanham Michael J. Sepanik, Washington Facts: A young man injured when his vehicle encountered road construction was denied damages by a Washington County jury. Defendants contended that plaintiff was contributorily negligent and had assumed the risk of injury. The jury deliberated 3 hours before returning a defense verdict in the case. 20 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

21 Plaintiff Phillip Balmford was driving on a road in Washington County. At the same time, the road was undergoing a construction project by Defendant P&W Excavating. Plaintiff s vehicle reportedly left the roadway and overturned, resulting in serious injuries. Plaintiff alleged defendant was liable for the unsafe conditions and defects of the road as they related to the roadway construction project. Defendant denied liability. Defendant contended that plaintiff was contributorily negligent and assumed the risk of injury. Plaintiff Profile: Plaintiff was a 24 year old single white male employed as a construction worker. Alleged Injury: Burst fracture at T12, multiple spinous process fractures and subarachnoid hemorrhage resulting in partial paralysis. Plaintiff claimed $335,000 in past medical specials, $380,000 in future medical specials, $120,000 in past wage loss and $1,600,000 in future wage loss. Washington County, MD State Farm Found Liable on UIM Claim After Disputing Causation James E. Harrell v. State Farm Mutual Automobile Insurance Company LONG, JR., M. KENNETH $43,442 offset by a $20,000 settlement with the tortfeasor. Breakdown: $16,000 for medicals; $17,442 for lost wages; and $10,000 for pain and suffering. M. Kenneth Long, Jr. 3 hours Date of 12/13/2007 Duane Ferguson, P.E. Structural Engineer Baltimore, MD James W. Stone Jr., Hagerstown Kendall Desaulniers, Hagerstown Ferguson, Duane, P.E. Cornetto, Anthony D., Ph.D., P.E. Borzilleri, Thomas C., Ph.D. Koslowe, Trudy Anthony D. Cornetto, Ph.D., P.E. Safety Engineer Baltimore, MD Thomas C. Borzilleri, Ph.D. Economist Bethesda, MD Trudy Koslowe Vocational Rehabilitation Alexandria, VA 21-C MT STONE JR., JAMES W. DESAULNIERS, KENDALL BALLANTINE, LAWRENCE E. Lawrence E. Ballantine, Towson Facts: An allegedly drunk driver struck plaintiff s vehicle and then fled the scene. Plaintiff settled with the subsequently identified tortfeasor and then battled with his own underinsured motorist carrier, which disputed proximate cause. A Washington County jury awarded plaintiff $43,442, which was offset by the $20,000 tortfeasor settlement. Plaintiff James Harrell stopped his vehicle at an intersection controlled by a traffic light. He claimed that, while stopped, another vehicle attempted a wide right turn and struck the right front corner of his vehicle. The tortfeasor, who was allegedly intoxicated and fled the scene, was identified and later settled plaintiff s injury claims for the $20,000 insurance policy limits. Plaintiff then sought underinsured motorist benefits from his carrier, Defendant State Farm Mutual Automobile Insurance. Following the accident, plaintiff was diagnosed with a full tear of the rotator cuff and surgery was required. Plaintiff alleged his rotator cuff injury was directly related to this accident and his treatment was reasonable and necessary. He asserted that he was entitled to underinsured motorist benefits because the tortfeasor s policy limits did not adequately compensate him for his injury. Plaintiff acknowledged he hurt his shoulder in a prior work-related incident. However, he argued that the work injury was not a rotator cuff injury and he was able to continue working without the need for surgery. SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 21

22 Defendant contended that plaintiff s shoulder injury was the result of a prior work-related accident. Defendant argued that plaintiff was entitled to an initial emergency room visit, but any follow-up treatment was unnecessary. Defendant argued that this was a bogus claim and plaintiff was adequately compensated by his settlement with the tortfeasor. Plaintiff Profile: Plaintiff was a 56 year old married male employed as a delivery truck driver for a local plumbing and wholesale electrical products company. Alleged Injury: Full thickness rotator cuff tear of plaintiff s dominant right shoulder which required arthroscopic surgery. He sought $16,000 in medicals, $17,442 in lost wages and an unspecified amount of damages for pain and suffering. Rothen, Roberta L., M.D. Cirincione, Robert J., M.D. State Farm Roberta L. Rothen, M.D. Orthopedist Hagerstown, MD Robert J. Cirincione, M.D. Orthopedist Hagerstown, MD 21C CN Arlington County, VA Hospital Staff Denies Responsibility for Patient s Hip Fracture Esther Bailey v. Virginia Hospital Center - Arlington Health System NEWMAN, WILLIAM T. JR. Defense verdict Date of 12/6/2007 WITHHELD GENTILE, COLLEEN M. CHARNOFF, MICHAEL D. William T. Newman Jr. Withheld Colleen M. Gentile, McLean Michael D. Charnoff, McLean Facts: A retired teacher fractured her hip in a fall in her hospital room and claimed defendant failed to properly care for her. Defendant denied all allegations. The jury returned a defense verdict in favor of defendant hospital after deliberating 3.5 hours. Plaintiff Esther Bailey was admitted to Defendant Virginia Hospital Center-Arlington Health System for a prolonged stay. She suffered from a myriad of health issues and was on a high risk floor. She was on a ventilator/rehabilitation unit for much of her stay. She had been hospitalized for two months and was due to be discharged on the date of this incident. Plaintiff claimed she fell in her room and fractured her hip. Plaintiff said that, after she fell, she pulled the call bell for 30 minutes. When no one came to assist her, she got up on her own and walked to the bathroom. She then fell while walking back to her bed. X-rays were negative for a fracture on the day of the incident and she was not diagnosed until five weeks post-incident with a fracture. Thereafter, she required a surgical repair. Plaintiff had partial amnesia of the fall as she passed out during the incident. Plaintiff alleged defendant hospital failed to properly assess her for fall risk and had not implemented an effective fall prevention plan. As a result, plaintiff argued that she was alone when she fell and defendant s employees failed to respond when she called twice for assistance. Defendant contended plaintiff s fall risk was assessed on a daily basis and, as she was in a high risk unit, her fall risk was always assessed at the highest level. Further, defendant asserted that plaintiff fell during a shift change at a time when there were twice the amount of staff and no one heard a call bell. Defendant also argued that it was not possible to ring the call bell twice, as it required deactivation from the first call to be set off again. Defendant argued that plaintiff did not fracture her hip on the day in question, as X-rays were negative. According to defendant, the sort of fracture plaintiff was diagnosed with five weeks later was a fracture which caused a fall rather than a fracture which occurred as a result of a fall, and she may have fractured it after she was discharged. Finally, defendant maintained that, even if she did suffer a fractured hip on the day of the incident, the fracture caused the fall and plaintiff had limited recollection of the incident. Plaintiff Profile: Plaintiff was a 65 year old married female who was a retired school teacher. Alleged Injury: Fractured hip which required surgery. Plaintiff made a good recovery. She sought $34,000 to $45,000 in medicals and an unspecified amount of damages for pain and suffering. 3.5 hours Settlement Efforts: Last Demand: $400,000 Last Offer: N/A 22 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

23 Andrews, Jr., William C., M.D. Self-insured William C. Andrews, Jr., M.D. Orthopedist Lynchburg, VA breached when defendant refused to fix the problems. Plaintiff alleged it cost him more than $35,000 to have the damage repaired. Defendant denied plaintiff s allegations. Alleged Injury: Breach of contract and breach of warranty. 013CL CL Editor s Notes: Per defendant s counsel, the jury did not find plaintiff s claims credible. Editor s Notes: Information for this summary was obtained from another published source. Fairfax County, VA Contract Dispute Centers on Materials and Workmanship Nadar Mameghani v. Serbay Marble and Granite, Inc. $30,000 Fairfax County, VA Exit Ramp Crash Results in Monetary Award for Injured Driver Lisa Luu v. Pamela Schroeder $6,000 WOOLDRIDGE, ROBERT W. JR. Robert W. Wooldridge Jr. FINCH, GAYLORD L. JR. Gaylord L. Finch Jr. Date of 4/11/2007 Date of 5/23/2007 David P. Korteling, Bethesda Rajeev Khanna, Falls Church KORTELING, DAVID P. HARTNETT, DOUGLAS Douglas Hartnett, Washington KHANNA, RAJEEV MACALUSO, ADAM V. Adam V. Macaluso, Fairfax Facts: A breach of contract suit was brought after a contractor s workmanship and materials were called into question. A Fairfax County jury awarded plaintiff $30,000 in damages. In October 2004, Plaintiff Nader Mameghani contracted with Defendant Serbay Marble & Granite, Inc. to install marble flooring in his bathroom, foyer and kitchen. The contract total was $14,950. Three months after the project was completed, plaintiff noticed there were problems with the marble, such as coming apart, cracking and moving. Plaintiff also noticed there was damage to his walls, trim, doors and woodwork. He asked to have the problems fixed but defendant allegedly refused. Plaintiff alleged defendant breached their contact and warranty because he negligently used poor workmanship and defective materials on the project. He also claimed the contract was Facts: A Fairfax County jury returned a $6,000 verdict for a motorist who claimed neck and back injuries arising from a motor vehicle collision. Plaintiff Lisa Luu was operating her vehicle when she was involved in a collision on an I-495 exit ramp with a vehicle driven by Defendant Pamela Schroeder. The side impact collision occurred when both parties were attempting to exit the interstate to avoid a construction delay. Defendant s vehicle collided with the left side of plaintiff s vehicle near the rear. The parties disputed the facts surrounding the collision. Plaintiff alleged she was established in the exit lane when defendant attempted to merge into the exit lane and collided with her vehicle. Plaintiff asserted that she sustained soft tissue neck and back injuries which required chiropractic treatment as a direct SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 23

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26 result of the collision. At the time of trial, plaintiff asserted she had made a good recovery from her injuries. Defendant contended that she was established in the exit lane and plaintiff should have yielded the right-of-way to her vehicle. Defendant also argued that the impact was not significant enough to cause injuries which necessitated the amount of treatment plaintiff received. Plaintiff Profile: Plaintiff was a 22 year old single female who was a student. Alleged Injury: Soft tissue neck and back injuries requiring approximately 2.5 months of chiropractic treatment. Plaintiff claimed about $3,000 in past medical specials. 1.5 hours Settlement Efforts: Last Demand: $10,000 Last Offer: GEICO CL Fairfax County, VA Drunk Driver Ordered to Pay Punitive Damages to Injured Family Frank Winter, Fe Winter and Elaine Winter v. Luis Roberto Larios $28,500. Breakdown: $10,500 ($7,000 in compensatory damages and $3,500 in punitive damages) to Plaintiff Frank; $12,500 ($9,000 in compensatory damages and $3,500 in punitive damages) to Plaintiff Fe; and $5,500 ($2,000 in compensatory damages and $3,500 in punitive damages) to Plaintiff Elaine. KLEIN, STANLEY PAUL Stanley Paul Klein Date of 12/12/2007 WESSEL, DOUGLAS B. MACDONALD, NEIL J. MILLER, EUGENE C. Douglas B. Wessel, Reston Neil J. MacDonald, Greenbelt Eugene C. Miller, Fairfax (GEICO) Facts: A family of three was injured by a hit-and-run driver who was allegedly under the influence of alcohol while driving on I-95 on Easter Sunday. The driver was found moments later at his home. The three plaintiffs were awarded a total of $28,500, which included $10,500 in punitive damages. On April 20, 2003, Plaintiff Frank Winter was in a vehicle with his wife, Plaintiff Fe Winter, and their daughter, Plaintiff Elaine Winter. They were on their way home from a trip to Washington, DC to celebrate Elaine s 19th birthday. They were traveling on I- 95 when their car was struck by a vehicle driven by Defendant Luis Roberto Larios. The impact propelled plaintiffs vehicle into an embankment and caused it to spin several times on the beltway before coming to a rest. Defendant fled the scene, but an eyewitness followed him and called in the license plate number to police. There was substantial property damage to plaintiffs vehicle. Defendant admitted to driving the vehicle and pled guilty to felony hit-and-run. This case centered around punitive damages that were allowable by law in Virginia if a driver s blood alcohol content level is over.15. Defendant Larios had a.18 blood alcohol content. Plaintiffs alleged gross negligence and willful and wanton misconduct against defendant for leaving the scene and driving while intoxicated. They also claimed personal injuries and emotional trauma for which they claimed they received psychological counseling. Defendant admitted negligence, but contended he took steps after the accident to address his alcohol problem and he did not believe he should be punished to the full extent of the law. Defendant also disputed the extent of plaintiffs claimed psychological injuries. Plaintiff Profile: Plaintiff Frank was a 60 year old married male employed as the curator of the National Aerospace Museum. He was also an author. Plaintiff Fe was a 51 year old married Asian female employed in retail at Macy s. Plaintiff Elaine, a full-time student, was a 19 year old female. Alleged Injury: Plaintiff Frank sustained cervical and lumbar sprains; shoulder pain; and contusions to the chest wall that resolved. Plaintiff claimed continuing emotional issues and sought $3,000 in lost wages. Plaintiff Fe sustained cervical and lumbar sprains with residuals; a fractured nose that caused nasal problems 26 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

27 and some disfigurement after the fracture healed; hematoma to left forehead; contusions to the ribs, knees and left ankle; and headaches. She claimed ongoing headaches and continuing emotional issues. Fe also claimed $3,000 in lost wages. Plaintiff Elaine suffered a cervical sprain and generalized bodily injuries that resolved. She also claimed continuing emotional issues. Poklis, Alphonse, Ph.D. 5 hours Progressive Alphonse Poklis, Ph.D. Toxicologist Richmond, VA CL Editor s Notes: Per defense counsel MacDonald, defendant offered his entire policy limits of $50,000 prior to trial. In addition, there was an undisclosed offer made by the underinsured motorist carrier, GEICO. Counsel said plaintiffs refused to present a demand within GEICO s $300,000 limits, instead preferring to proceed with a trial. Mr. MacDonald said the outcome was impacted by the testimony of defendant and his wife regarding the progress of defendant s alcohol treatment. Attorney MacDonald also said it was significant that defendant had seven prior drunk in public convictions, one prior DWI conviction, a prior larceny conviction and that, after this accident in 2003, defendant was arrested for three additional DWI s. Fauquier County, VA Rear-End Auto Case Settles Prior to Trial Tammy L. Thomas v. Jennifer F. Steinberg Facts: A motorist claiming injuries following a rear-end crash accepted an $11,099 pretrial settlement from defendant. Plaintiff Tammy L. Thomas and Defendant Jennifer F. Steinberg were operating their respective vehicles on the same road and in the same direction. Plaintiff was rear-ended by defendant s vehicle. Plaintiff alleged defendant failed to keep a proper lookout and maintain an assured clear distance ahead. Plaintiff claimed she sustained soft tissue neck and back injuries as a direct result of this accident. Defendant disputed the extent of plaintiff s injuries. Plaintiff Profile: Plaintiff was a 30 year old single female employed by the U.S. Postal Service. Alleged Injury: Soft tissue neck and back injuries. Plaintiff claimed $6,000 in past medicals and approximately $1,000 in past lost wages. Allstate CL Loudoun County, VA Passenger Awarded Damages for Rear-End Collision Elliot Blanton v. David Ramonet $175,000. Defendant Ramonet s insurance carrier, GEICO, paid $50,000 and Plaintiff Blanton s underinsured carrier, State Farm, paid the remaining $125,000. Settlement: $11,099 MCCAHILL, BURKE F. Burke F. McCahill N/A Settlement Date: 10/31/2007 PRIMEAU, JOHN D. GOLDMAN, JAY R. John D. Primeau, Manassas Jay R. Goldman, Fairfax Date of 9/4/2007 SCHEWE, CHRISTOPHER P. COCHRAN, JANET W. Christopher P. Schewe, Alexandria Janet W. Cochran, Fairfax SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 27

28 Facts: A vehicle passenger claimed permanent injuries from a rear-end collision. Defendant admitted liability, but disputed the proximate cause of plaintiff s injuries. Plaintiff was awarded $175,000 from a Loudoun County jury after 3 hours of deliberation. Moseley, Anna, D.C. Wagoner, Robert, M.D. Gordon, Ian, M.D. Ian Gordon, M.D. Orthopedic Surgeon Stamford, CT CL Plaintiff Elliot Blanton was riding in the back seat of a vehicle that was rear-ended by Defendant David Ramonet. Plaintiff was squeezed between the front and back seat as a result of the crash. Property damage to plaintiff s vehicle was significant and the insurance carrier totaled the vehicle. Defendant was allegedly intoxicated, but he admitted liability and the jury was not made aware of his alleged intoxication. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff s chiropractor and pain management specialist testified by video and they both concurred that plaintiff s injuries were permanent. Plaintiff admitted that her chiropractor treated her three days prior to the accident for an unrelated issue. Plaintiff explained that she ran in an Army marathon 11 days prior to the accident and went to see her doctor for sports-related therapy. Plaintiff also admitted that she was in another collision one year prior to this accident, but she had totally recovered from the earlier crash. Plaintiff s husband testified that plaintiff was forced to make lifestyle changes after this collision. Loudoun County, VA Motorist Injured in DWI Accident Settles Claims Joseph Trammel v. Eleth Anne Hilz Settlement: N/A Settlement Date: 1/8/2008 $95,000 ($100,000 policy limits). Brian Kim, Annandale Defendant admitted liability, but denied causation. Defendant s independent medical examiner testified by video that plaintiff was suffering from preexisting degenerative disc disease. Defendant noted that plaintiff presented for chiropractic treatment for her back three days prior to the accident. Plaintiff Profile: Plaintiff was a 35 year old married female employed as a social worker. Alleged Injury: Soft tissue injuries of the cervical and upper thoracic regions, which caused permanent ligament damage. Plaintiff received prolotherapy (injections into the back to create scar tissue to strengthen the area). Plaintiff incurred $40,000 in medical specials. Settlement Efforts: Last Demand: $250,000 Last Offer: $50,000 GEICO (Liability); State Farm (UIM) Anna Moseley, D.C. Chiropractor Stamford, CT Robert Wagoner, M.D. Pain Management Specialist Stamford, CT Bruce F. Robertson, Falls Church 28 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount KIM, BRIAN ROBERTSON, BRUCE F. Facts: A settlement of $95,000 was reached in a motor vehicle case. Plaintiff, who was a carpenter at the time of the accident, attributed a job change to an injury he sustained in the accident. Defendant, who was intoxicated at the time of the crash, disputed the extent of plaintiff s injury. Plaintiff Joseph Trammel stopped his vehicle for a red light. His automobile was rear-ended by a vehicle driven by Defendant Eleth Anne Hilz. Following the accident, defendant was discovered to have a blood alcohol content (BAC) of.18. She later pled guilty to driving while intoxicated. Plaintiff s toxicology expert was prepared to testify that defendant had a BAC of.19 to.20 at the time of the accident. Also, plaintiff claimed he was unable to continue working as a carpenter because of a back injury he sustained in the crash, resulting in the need to change professions. He claimed a loss of income, health benefits and pension benefits as a result of his injuryinduced job change. Defendant s medical expert stated that plaintiff s injury should have resolved within a few months without any job change and the epidurals he received were not necessary. Plaintiff Profile: Plaintiff was a 51 year old married male employed as a carpenter.

29 Alleged Injury: Soft tissue back injury necessitating emergency room treatment, orthopedic care, physical therapy and three epidural injections. As a result of his injury, plaintiff claimed he could no longer work as a carpenter and took a job as a security guard. Due to the job change, he claimed loss of income, loss of health benefits and loss of pension benefits in excess of $500,000. Plaintiff sought $12,000 in past medical expenses. Allstate CL Editor s Notes: Per plaintiff s counsel, Virginia s statutory punitive damages for DWI and the fact that there were policy limits of $100,000 influenced the settlement in this case. Stafford County, VA Issue of Permissive Use Decided Against UIM Carrier carrier, Defendant Cincinnati Insurance Company, denied coverage on the grounds that the driver did not have permissive use from the mother/owner or co-owner, her daughter. Plaintiff also sought damages from his underinsured motorist carrier, Defendant Nationwide Assurance. Plaintiff alleged that one or both of the defendants was liable for coverage of his economic and non-economic damages. Plaintiff s underinsured policy limits were $50,000. Defendant Nationwide Assurance contended that the tortfeasor/driver did have permission from the owner s daughter to drive the car and Cincinnati Insurance was the first priority carrier. Defendant Cincinnati argued that the driver did not have permissive use from the mother/owner or co-owner, her daughter. The mother testified that she never allowed her children to let anyone else use the car and the children never allowed anyone else to drive the car. Plaintiff Profile: Plaintiff was a 48 year old male employed as a truck driver. Alleged Injury: Declaratory action to determine priority carrier for auto accident injuries sustained by plaintiff in the subject accident. Plaintiff claimed a minor closed head injury, as well as soft tissue neck injuries. Jeffrey L. Clark v. Nationwide Assurance Company and Cincinnati Insurance Company Bench trial resulting in $70,000 plaintiff s verdict against Defendant Nationwide. Nationwide; Cincinnati CL WILLIS, GORDON F. Gordon F. Willis Date of 11/28/2007 TRAPENI JR., JOSEPH T. ROBEY, DANIEL L. Joseph T. Trapeni Jr., Fairfax Daniel L. Robey, Fairfax Facts: Permissive use of a motor vehicle involved in the underlying accident was the primary focus of this bench trial. The court determined that plaintiff s underinsured motorist carrier was the priority carrier and awarded plaintiff $70,000 in damages. Plaintiff Jeffrey Clark was driving his vehicle when an approaching vehicle lost control, swerved and struck his car head-on. Plaintiff sustained a minor closed head injury and soft tissue injuries as a result of the accident. The driver at fault was a teenage friend of the owner s daughter. The owner s insurance SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 29

30 INDEX From Your Editors: The trial information contained herein has been derived from the attorney(s) who participated in the litigation. METRO VER- DICTS MONTHLY is independent of any defense or plaintiff oriented groups and as such has attempted to remain completely impartial in its reporting. METRO VERDICTS MONTHLY seeks to publish a summary of every available Circuit/Superior Court civil jury trial in the Metro area that results in a verdict. The numerical figures contained herein have been approximated by those who provided or gathered the data. We are always looking for ways to improve METRO VERDICTS MONTHLY. Your suggestions and comments are sincerely welcomed. METRO VERDICTS MONTHLY is published monthly. Subscription price: $ per year METRO VERDICTS MONTHLY c/o Verdict Research Group 6505 W. Highway 22 Crestwood, KY MEMBER OF National Association of State Jury Verdict Publishers Metro Verdicts Monthly (ISSN ; USPS ID# ) is published monthly by Verdict Research Group, 6505 W. Hwy. 22, P.O. Box 709, Crestwood, KY Periodical Postage paid at Crestwood KY and Additional Offices. POSTMASTER: Send address changes to METRO VERDICTS MONTHLY at PO Box 709, Crestwood, KY The data contained herein has been published for informational use only. It is not legal advice and should not be considered legal advice. Reproduction in any form, including office copy machines, electronic data retrieval equipment, other newsletters or reporters, in whole or in part, without written permission, is strictly forbidden and is prohibited by law. Copyright 2004 Verdict Research Group The month indicated on this page is a U.S. Post Office requirement. It bears no relation to the publishing date or verdict dates of this publication. APRIL 2008 ATTORNEYS Akpan, Emmanuel D...4 Annand, Stephen D Ballantine, Lawrence E Bird, David P....8 Boscolo, Shari Cohen...18 Bowie Jr., Charles C...20 Brown, Neal M...12 Burke, Christine M...19 Charnoff, Michael D Cochran, Janet W...27 Decaro, Jeffrey R Desaulniers, Kendall...21 DuBoff, Joel...17 Dwyer, Anthony D Falter III, George H...8 Farrell, Hugh W...6 Feldman, Larry J Feldman, Michael H...6 Flanagan, William P Freedman, Rachel Alpert...10 Frost, Shana L....5 Gentile, Colleen M...22 Giles, Susan...10 Goetsch, Scott D Goldman, Jay R...27 Goldman, Robert J Gormly, Charles F....4 Gunderson, Eric W....6 Harris Jr., Edward B...9 Hartnett, Douglas...23 Hershfield, Leslie David...11 Hill, Denise Adams...4 Jagne-Shaw, Maurice...17 Jagne-Shaw, Maurice...20 Johnk, Grace...9 Joseph, Charles I Khanna, Rajeev...23 Kim, Brian...28 Kohler, Jr., William L...18 Korteling, David P...23 Kotlarsky, Mark...15 Macaluso, Adam V MacDonald, Neil J Martorana, Carmen J...15 McCarthy, Kevin J McGriff, Alison J Meyers, Craig I....6 Miller, Eugene C Miller, JoAnna M....9 Mitchell, Christopher H Murnane III, Harold B....8 O Connell, Terence J...16 O Neill Jr., John J...11 Parrack, David H...13 Poling, A. Anne...14 Powell, Bruce H Primeau, John D...27 Rees, David C Richitelli, Edward A...13 Robertson, Bruce F...28 Robey, Daniel L Rosenzweig, Jeffrey A Schewe, Christopher P...27 Seal, Jeffrey S...17 Sepanik, Michael J Slutkin, Andrew G...13 Stephens, Warren D...12 Stone Jr., James W...21 Stovall II, W. Thomas...5 Towns, James A...4 Trapeni Jr., Joseph T...29 Wessel, Douglas B Winkelman, Michael J...19 Young, Ryan A....8 Zellweger, Jake E SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount

31 INDEX JUDGES Baldwin, Maurice W. Jr...13 Berger, Stuart R...10 Carr, William O...14 Cavanaugh, Patrick...11 Ensor, Judith C Finch, Gaylord L. Jr Harris, Jr., Paul F...8 Hedge, Brook...6 Karwacki, Robert L...13 Klein, Stanley Paul...26 Lamasney, Maureen M...19 Leibovitz, Lynn...4 Leibovitz, Lynn...4 Lombardi, James J...17 Long, Jr., M. Kenneth...21 Matricciani, Albert J. Jr...10 McCahill, Burke F...27 McCormick, Mary Beth...17 McDowell, John H McGann, Terrence J Morin, Robert E....5 Newman, William T. Jr...22 Pierson, W. Michael...9 Rattal, Nicholas E Rowan, William J. III...15 Smith, Thomas P...18 Willis, Gordon F...29 Wolfe, Erica J....8 Wooldridge, Robert W. Jr...23 EXPERTS Andrews, Jr., William C., M.D Auwaeter, Paul, M.D...12 Bird, Ronald, Ph.D...7 Birk, Ann, M.D Borzilleri, Thomas C., Ph.D...21 Bussey, Phillip, Ph.D...7 Campbell, Kimberly Y., Ph.D....6 Cirincione, Robert J., M.D...22 Cooper, Paul S., M.D....7 Cornetto, Anthony D., Ph.D., P.E...21 Etherton, Valerie, L.C.S.W...19 Fechter, Joel D., M.D...18 Ferguson, Duane, P.E Forest, Nancy...7 Gordon, Ian, M.D...28 Guyton, Gregory, M.D....7 Hardy, Cyril G., M.D Hinkes, Clifford C., M.D Joseph, Herbert H., M.D Keiser, Dan, P.E...9 Koslowe, Trudy...21 Kunin, Calvin M., M.D...12 Lande, Ian M., M.D...12 Lewis, Reginald, M.D Lurito, Richard J., Ph.D....7 Mayer, Andrew, M.D...12 Moseley, Anna, D.C Myers, Keith, M.D Phillips, Robert, M.D....7 Poklis, Alphonse, Ph.D Rodriguez, Ignacio, M.D...7 Rothen, Roberta L., M.D Sidell, Gary M., Esq...4 Smith, Walker, M.D Wagoner, Robert, M.D Wasserman, Justin H., M.D...7 Webber, Stephen S., M.D...18 Weidner, Jr., Joseph K., M.D Wise, Thomas N., M.D....7 Witter, Jeanette M., Ph.D....6 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 31