Recent Verdicts and Settlements (Continued from page 23)


sult of the contract, with AACPS. The contract specifically stated, absent a sepa- rate agreement, that claims against the architect or its employees could not be joined with claims against AACPS. Following termination of A-1, A-1 and


AACPS submitted to binding arbitration and A-1 was found to have been wrong- fully terminated and was awarded $343,000.00 against AACPS. The award for damages represents $226,310.88 for work completed prior to termination, and the balance was for lost profit and ex- penses. A-1 then brought separate claims against Gale and Cove for intentionally interfering with its contract with AACPS and Gordon Jenkins brought a claim against Gale and Cove for defamation.


Plaintiff ’s Expert(s): Stephen H. Rogers, P.E. (Engineering/Roofing), Annapolis, MD; Thomas Campbell (Roofing expert and the representative from Schuller Roof- ing Systems, Inc. that inspected the roof during the project and after A-1 Roofing, Inc.’s termination), Edinburg, VA; James Schickner, CPA (Contractor Accounting & Economic Loss), Columbia, MD


Defense Expert(s): Richard B. Edelman, Ph.D. (Economics), Bethesda, MD; John Gerber, P.E. (Engineer/Roofing), Frederick, MD


Verdict/Settlement: Plaintiffs’ verdict $4,529,0000.00 ($29,000.00 for punitive damages)


Insurance Company: CNA: $1,000,000.00; CGU: $2,000,000.00


Plaintiff ’s Counsel: Stephen A. Markey, III (MTLA member), Law Office of Stephen A. Markey, III, Baltimore, MD; Stephen A. Markey, Jr., Law Office of Stephen A. Markey, III, Baltimore, MD


Defense Counsel: Jeffrey R. DeCaro, DeCaro, Doran, Siciliano, Gallagher & DeBlasis, Lanham, MD


________ Employment


Confidential v. Major Telecommunications Entity Circuit Court for Baltimore City No. 03-C-99-008067


Facts: Male manager repeatedly used vul- gar language and made repeated propositions to female employees. Oth- ers, including management, observed conduct. Female employee eventually complained to upper management. Sec- ond female supported her complaint. Both were reemployed elsewhere and had virtually no lost income.


Verdict/Settlement: $45,000


Insurance Company: Self-insured em- ployer


Special Remarks: Counsel invested less than 10 hrs. of professional time to se-


cure a settlement satisfactory to all par- ties.


Plaintiff ’s Counsel: Donald F. Chiarello (MTLA member), Hochberg, Chiarello & Costello, Towson, MD


Defense Counsel: Emmett McGee, Piper, Marbury, Rudnick & Wolfe, Balti- more, MD


________ Medical Negligence


Aaron Cushinberry, Jr. v. Alan M. Rothfeld, DPM, et. al. Circuit Court for Prince George’s County


Facts: In January 1995, Plaintiff, Aaron Cushinberry came under the care of De- fendant, Alan Rothfeld, DPM for bilateral foot pain. Approximately four months later Plaintiff underwent surgery on the right foot for excision of heel spur and plantar fascia. After the surgery, the Plaintiff ’s pain worsened. In September 1995, Defendant referred Plaintiff to a neurologist for treatment of his right foot. Plaintiff was subsequently referred to Johns Hopkins Hospital where he was di- agnosed with Reflex Sympathetic Dystrophy, now known as Complex Re- gional Pain Syndrome.


Allegations of Liability: Plaintiff alleged that Defendant Dr. Alan Rothfeld was neg- ligent and breached the standard of care in his treatment and care of Mr. Cushinberry by failing to appreciate the neurological condition of his patient before performing his surgery. Plaintiff alleged that the sur- gery performed by Defendant was unnecessary and was the probable cause of his RSD. Plaintiff alleged that the stan- dard of care required Dr. Rothfeld to refer Plaintiff to a neurologist for treatment of his neurological condition preoperatively and delayed in referring Plaintiff to a neu- rologist postoperatively.


Injuries/Damages: Past Medical Ex- penses of approximately $15,000, future medicals of approximately $20,000. Plaintiff suffers and will continue to suf- fer from Chronic Regional Pain Syndrome, severe right foot pain, and depression.


Plaintiff ’s Expert(s): Ronald Sherman, D.P.M., D.A.B.P.S., (Podiatry) Baltimore, Maryland; Marco Pappagallo, M.D., (Neurology) New York, New York.


24 Trial Reporter Spring 2000


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