Recent Verdicts and Settlements (Continued from page 45)


test were performed, including chest x-rays and chest CT. The CT showed a 2 cm mass or mass-like infiltrate at the left lung base near the Hemi-diaphragm.


Plaintiff was


never advised nor was any treatment of- fered.


In March 1999, plaintiff returned to the defendant facility with a persistent cough and shortness of breath. Plaintiff was diagnosed with stage IIIB adeno carcinoma of the lung. The initial 1996 x-ray sug- gested that the mass was respectable and that the defendant had a seventy to eighty percent chance of survival. When diag- nosed in 1999, the tumor was no longer respectable, and plaintiff had virtually no prospect of surviving.


Allegations of Liability: Failure to inform plaintiff of x-ray and CT findings in a timely fashion so that treatment could be rendered.


Injuries/Damages: prospect of lung cancer Verdict/Settlement: Settled for $500,000 Special Remarks:


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


Defense Counsel: ANONYMOUS ________


Product Liability


Glenn J. Phillips v. Gould, Inc. Circuit Court for Prince George’s County


Facts: Electrician burned while working on an ITE/Gould Bus Plug and Circuit Breaker at Bell Atlantic’s Fairland Facility. Bus Plug’s Circuit Breaker faulted when loose wire within the enclosure made con- tact with uninsulated energized “stabs”.


Allegations of Liability: The manufacturer, ITE/Gould, Inc., failed to adequately in- sulate the “stabs”, Fishbach & Moore, Inc., the maintenance contractor, failed to prop- erly inspect the unit which would have led to the discovery of the loose wire and Bell Atlantic, the owner of the premises should have allowed the unit to be de-energized in a more timely manner before the incident occurred.


Injuries/Damages: Burns over 30% of Plaintiff ’s body, skin grafts; 3 surgeries $230,000.00 past medical bills.


Plaintiff’s Expert(s): Marion Jordan, M.D. (Burn Specialist), Washington, DC; Neil Shirk (Electrical Engineer), Boyertown, PA; Raymond Sofield (Electrician), Harwood, MD


Defense Expert(s): Earl Roberts (Electrical Engineer), Mystic, CT; Andrew Munster,


M.D. (Burn Specialist), Baltimore, MD Verdict/Settlement: $775,000.00


Plaintiff’s Counsel: Paul J. Weber (MTLA member) HYATT, PETERS & WEBER, LLP AN- NAPOLIS, MD 21401


Defense Counsel: John Easton, Jordan, Coyne & Savits, Washington, DC; Mary DiMaio, Mayer & Associates, Towson, MD; Thomas McCarron, Semmes, Bow- men & Semmes, Baltimore, MD


________


Kumar v. Estate of Shumar, Toyota Motor Corp. et al. Court/Docket #: Circuit Court for Baltimore City Case No. 98-096065


Facts: Plaintiff, 25 year old, was a passen- ger in a 1996 Toyota Tercel traveling on a New Jersey highway when an on-coming car driven by Defendant Shumar crossed the centerline resulting in a head-on colli- sion. Defendant Shumar, who was unrestrained, died. At the time of the col- lision, Plaintiff was riding in the front passenger seat and had the seat reclined to about a 45 degree angle; he also had the seat pushed all the way rearward. When the collision occurred, Plaintiff had his seat belt on, however, since the seat was reclined, the seat belt did not restrain him allowing him to slide forward or “submarine” under the lap belt. Additionally, Plaintiff ’s seat slid from the rear all the way forward. Plain- tiff was seriously injured. The driver – seated next to the Plaintiff – walked away from the collision with minor injuries.


Allegations of Liability: Plaintiff alleged that Defendant driver of the on-coming car (Shumar) was negligent for crossing the centerline and colliding with the Toyota Tercel. Plaintiff alleged against Toyota de- fendants that the Plaintiff’s injuries were enhanced because 1) Toyota defectively designed the seat track and knew of the defect; 2) Toyota defectively designed the seat itself and knew of the defect; 3) and, Toyota failed to adequately warn of the danger of reclining the seat while the car was in motion.


Injuries/Damages: Bilateral leg amputa- tions above the knees. Multiple bilateral stump revisions post accident. Plaintiff is confined to a wheelchair. Past medical bills, $763,365; future medical bills, $5 million; past lost wages, $0; future lost wages, $3,991,417.


Plaintiff’s Expert(s): Jerry Wallingford, (ac- cident reconstructionist), San Antonio,


46 Trial Reporter Summer 2000


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