Recent Verdicts and Settlements (Continued from page 37)


Silberman, et al. v. Mitchell, et al. Circuit Court for Baltimore City No. 98121127/CC3793


Facts: This was a red light disputed li- ability case that occurred at the intersection of Martin Luther King Bou- levard and Howard Street. In addition to the liability dispute, the MTA alleged that the City was negligent in failing to have a sufficient length yellow phase of the traf- fic light signal to allow traffic to clear the intersection.


Allegations of Liability: The settlement was made by MTA only.


Injuries/Damages: Multiple surgeries including neck, back, and shoulder inpingement


Plaintiff ’s Expert(s): Neal Aronson, M.D. (Neurosurgeon); Stanley Freidler, M.D. (Orthopedist)


Verdict/Settlement: $170,000.00 – settled during jury selection


Plaintiff ’s Counsel: Roger J. Bennett, (MTLA member), Horn & Bennett, Baltimore, Maryland


Defense Counsel: Douglas T. Sachse, Turnbull, Mix & Farmer (for MTA) James Pritchard, City Law Department (for M&CC)


________


Carl Wayne Merrill, Jr. v. Special Transport


Facts: Plaintiff is a 31-year-old male painter. On December 1, 1997, at ap- proximately 7:00 p.m., he was walking on the right shoulder of Dorsey Road near its intersection with McCormick Road in Baltimore County, Maryland. Visibility was poor, there were no streetlights, and plaintiff was wearing dark clothes. Plain- tiff was not facing the traffic, in violation of Maryland Code Ann. Trans. Art. Sec- tion 21-506 (B). Plaintiff was struck by a 22-year-old truck driver. Truck driver did not receive a traffic citation, and investi- gating officer determined that the accident was the fault of the plaintiff.


Injuries/Damages: Plaintiff sustained serious multiple injuries requiring exten- sive hospitalization; plaintiff has permanent impairment of one of his lower extremities. Total medical bills were $310,282.09.


Verdict/Settlement: $1,000,000.00 settlement (policy limits); case settled prior to litigation


Plaintiff ’s Counsel: David F. Albright, Jr. (MTLA member), Horn & Bennett, P.A., Baltimore, MD


Defense Counsel: Rodger O. Robertson, Law Offices of Joseph M Jagielski, Balti- more, MD


________


Donna Lynn Mc Neal, et al. v. Estate of William Boyd, et al. Circuit Court for Baltimore County No. 03-C-99-000420


Facts: Plaintiff Donna McNeal was driv- ing a vehicle westbound on Route 40 in the direction of Baltimore City to pick up her husband from work at approxi- mately 7:00 p.m. on January 22, 1996. Riding in Mrs. McNeal’s vehicle were her three children, Timothy, John, and Jen- nifer, ages 13, 6, and 5 respectively. Weather was clear, street lights were func- tional, visibility good. As Mrs. McNeal approached the intersection, there were two cars in the left hand turn lane. The intersection was controlled by solid ball lights and there was no turn arrow for turning traffic. As Mrs. McNeal ap- proached and entered the intersection, she saw a glare of light coming from her left, and then felt a violent impact. Mrs. McNeal contended that the light was green when she entered the intersection. The defendant driver, William Boyd, was heading eastbound on Route 40 prior to the accident. He entered the intersection preparing to make a left hand turn. He contended that he was in the middle of the intersection when the light turned red, and seeing no other vehicles, made a left hand turn.


Allegations of Liability: The investigat- ing officer interviewed both drivers at the scene. He concluded that Mrs. McNeal was at fault, since she allegedly told him that there was a left turn arrow which was red when she entered the intersection.


40


Trial Reporter


Winter 2000


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