Injuries/Damages: Mrs. McNeal and her children sustained injuries. Prior to trial, the parties agreed that if Mrs. McNeal prevailed on liability, she would receive $100,000, and that if Timothy prevailed on liability he would receive $500, and John would receive $5,000. There was no agreed verdict with regards to Jennifer’s claim, which included injuries for a bro- ken femur and medical bills of $22,434.13. Her medical records and bills were stipulated. The children were limited to making a claim against Mr. Boyd due to the parent-child immunity doctrine.


Verdict/Settlement: Defendant’s carrier was Allstate. No offers of settlement were made prior to trial. Prior to trial, Mr. Boyd died. The only witnesses who testi- fied at trial were Mrs. McNeal and the investigating officer. Jury found Mr. Boyd negligent, did not find Mrs. McNeal neg- ligent, and awarded a verdict in favor of Jennifer in the amount of $97,434.13. Judgments were then entered on the record in favor of Mrs. McNeal in the amount of $100,000, in favor of John in the amount of $5,000, and in favor of Timothy in the amount of $500, for a total of $202,934.13.


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


Defense Counsel: Jacqueline M. Bunty, Baltimore, MD


________


Brown v. Estate of Moses Circuit Court of Prince Georges County


Facts: Plaintiff was operating a Ford pick- up truck when a vehicle operated by the decedent, Dorcas Moses, crossed the cen- ter of the roadway and struck the front of his pick-up truck. The collision was so severe that the plaintiff’s truck buckled such that the dashboard and front end collapsed on his pelvic area. The opera- tor of the vehicle that crossed the center of the roadway was killed at the time of impact.


Allegations of Liability: Plaintiff con- tended that the decedent, Dorcas Moses, was negligent in failing to operate her ve- hicle on the right side of the roadway. A complete reconstruction was performed by the Prince George’s County Police De-


Winter 2000


partment and indicated that the decedent failed to stay to the right of the center of the roadway and was the sole cause of the collision.


Injuries/Damages: Plaintiff was em- ployed as a Foreman for a company that was responsible for excavating soil and placing water and sewer pipe, weighing hundreds and sometimes thousands of pounds. As a result of the accident, plain- tiff sustained pelvic and hip fractures as well as injuries to the groin area. Injuries resulted in urinary incontinence as well as sexual dysfunction. Moreover the pel- vic and hip fractures resulted in nerve damage as well as a loss of mobility and function.


The plaintiff was initially hospitalized


at the Washington Hospital Center for surgery of the hip, pelvic area as well as a tear of the bladder neck and damage to the prostate. Plaintiff was subsequently seen at Duke University Hospital where additional surgeries were done which re- sulted in the patient regaining urinary and sexual function. However, the plaintiff was subsequently seen by Ronald Byank, M.D., at John Hopkins University Hos- pital with regard to on-going Orthopedic injuries and related complaints. Dr. Byank contended that the plaintiff had suffered significant injuries to his hip and pelvic area which would preclude him from performing his occupation within the next three years, and further result in at least one or more hip replacements hav- ing to be performed during the patient’s lifetime.


Plaintiff ’s Expert(s): Richard Strauss (Vocational Rehabilitation); Richard Edelman, PHD (Economist); Ronald Byank, M.D. (Orthopedic Surgery); Mitchell Edson, M.D. (Urology); George Webster, M.D. (Urology); Craig Donatucci, M.D. (Urology); Frank Chang, M.D. (Infertility)


Verdict/Settlement: Plaintiff settled his case for the total sum of $900,000.00.


Special Remarks: Allstate Insurance Company insured the vehicle operated by the decedent driver. Settlement demand was made on behalf of the plaintiff in November of 1998. The demand was ig- nored by the decedent’s insurer. Thereafter, suit was filed and the decedent’s surviving spouse retained pri- vate counsel to ensure that the insurer made every effort to settle the plaintiff’s


Trial Reporter


claim. Shortly thereafter defense counsel, retained by Allstate Insurance Company, entered his appearance in the case and the case settled shortly.


Plaintiff ’s Counsel: Paul A. Turkheimer (MTLA member), Meyers, Billingsley, Rodbell & Rosenbaum, Riverdale, MD; Eugene Pitrof, Pitrof and Starkey, Upper Marlboro, MD


Defense Counsel: Charles Wilson, McCarthy, Wilson and Ethridge


________


Hope Tucker v. Western Liquid Express, Inc., et. al. U.S. District Court, DC No. 99-2789


Facts: Plaintiff, front seat passenger, stopped in right lane. Tractor trailor owned by defendant attempted right turn from adjacent middle lane striking plaintiff’s vehicle.


Allegations of Liability: Improper turn by tractor trailor owned by the defendant


Injuries/Damages: C4-5 and C5-6 her- niated discs, cervical fusion, medicals $48,000. Past lost wages - $40,000. Fu- ture wages in question.


Plaintiff’s Expert(s): George J. Matthews, M.D. (Neurosurgeon), Waldorf, MD; Richard Strauss, (Vocational Rehabilita- tion), Oakton, VA


Verdict/Settlement: $400,000


Special Remarks: Case was settled after private mediation shortly after suit was filed. There was no police investigation of the accident & plaintiff sought no medical care for two days after the acci- dent. There were minor injuries to the driver of the plaintiff’s vehicle and none to two other passengers.


Plaintiff ’s Counsel: Steven M. Cooper, (MTLA member), Silver Spring, MD


Defense Counsel: Ralph E. Wilson, Bal- timore, MD


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