Recent Verdicts & Settlements Edited by Mitchell A. Greenberg


Mitchell A. Greenberg, of the Greenberg Law Office in Baltimore, received his J.D. from the University of Baltimore School of Law. He is a member of MTLA’s Board of Governors and serves as Vice-Chair of MTLA’s Trial Reporter Committee. Mr. Greenberg is a member of MTLA’s Membership Committee and serves as MTLA’s delegate to the Task Force for the Rehabilitation of Injured Workers. He is a member of the Maryland State, Baltimore City, and American Bar Associations and also a member of ATLA. His practice concentrates in workers’ compensation, criminal defense, and serious personal injury.


Contractor’s Liability


Doe v. ABC Gas and Electric Companies, et al.


Facts: This personal injury and wrongful death case arose from a natural gas␣ explosion and fire that destroyed the plaintiffs’ home.


Allegations of Liability: Investigation showed that a natural gas leak was␣ caused by installation of underground gas and electric lines in close␣ proximity, such that heat from a faulting electric cable caused thermal␣ damage to the adjoining gas line and an explosive accumulation of natural␣ gas in plaintiffs’ basement.


Injuries/Damages: The wife and mother, age 40, was killed in the fire.␣ The␣ surviving husband sustained second degree burns to 60% of his body, and the␣ two surviving children sustained bruising and abrasion injuries.␣ Special damages related to the plaintiffs’ personal injuries totaled␣ approximately $500,000.␣ The wife, who was killed in the fire, was the␣ primary family breadwinner, and the pecuniary losses resulting from her␣ death were approximately $2.0 million.


Plaintiff’s Expert(s): Alan Bullerdiek (Gas Pipeline Safety), Buffalo, NY;␣ Douglas B. Chisholm, D.Sc. (Gas Pipeline Safety), Lovettsville, VA;␣ Richard Roby, P.E., Ph.D., (Combustion Science), Columbia, MD.


Verdict/Settlement: Claims against gas and electric utilities, gas line␣ installer, and home builder settled for total of $6.75 million prior to␣ trial.


Special Remarks: Case was decided un- der Virginia law.


Plaintiff’s Counsel: Gerard E. Mitchell (MTLA member) Stein, Mitchell & Mezines, Washington, D.C.


Fall 2000 Trial Reporter 33 Medical Malpractice


Anonymous Plaintiff vs. Anonymous Physician Circuit Court for Baltimore County


Facts:␣ Defendant performed pyloroplasty and fundoplication.␣


Three days


later Plaintiff readmitted due to signifi- cant abdominal pain.␣ Although diagnostic studies were negative for leaks, Plaintiff ’s blood pressure dropped over one hour period with no intervention.␣ Plaintiff ’s optic nerve was damaged leav- ing her blind.


Allegations of Liability:␣ Failure to inter- vene with evidence of decreasing blood pressure and abdominal pain.


␣ Injuries and Damages: Blindness.


Plaintiff’s Experts:␣ Vivian Ruzmundo, M.D. (Neuro-optomologist), Towson, MD; Michael Leitman, M.D. (General Surgeon), New York, New York;␣ Donald Delwood, M.D. (Critical Care), Colum- bia, MD; Pricilla Phillips (Life Care Planner) Severn MD; Bruce Hamilton (Economist) Baltimore, MD.


Verdict/Settlement: Settlement:


$1,750,000.00 Special Remarks: Plaintiff was a house-


␣ Allegations of Liability: Minor child, age 5, presented at defendant hospital follow- ing rollover single vehicle auto accident in which child was␣ thrown 30-40 feet from the vehicle, suffering severe closed head injury.␣ Child made good progress for the first two days of hospitalization, then␣ stabilized or deteriorated slightly.␣ On day six following the accident the␣ minor plaintiff suffered infarction in- jury to the right side of her brain,␣ resulting in hemiplegia and other neurologic inju- ries.␣ During the␣ litigation, the minor plaintiff attended regular public school but required␣ supplemental therapies.␣


(Continued on page 34)


wife at time of occurrence.␣ Another case where damages were primarily non-eco- nomic and recovery significantly limited by the “cap”.


Plaintiff ’s Counsel: Paul J. Weber (MTLA member), Hyatt, Peters & We- ber, LLP, Annapolis, MD.


________


Doe v. XYZ Hospital Superior Court of the District of Colum- bia␣


Facts: Case involves alleged negligent neu- rosurgical treatment and ICU management provided to minor child fol- lowing automobile accident.


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