Plaintiff ’s Expert(s): Dr. Bruce Ammerman, (Neurosurgeon) D.C., Dr. Gholl, (ENT) Leonardtown.
Defense Expert(s): Dr. Ominsky, (ENT) GlenBurnie
Verdict/Settlement:␣ $175,000
Special Remarks: Right vocal cord dam- aged in course of cervical diskectomy
Plaintiff’s Counsel: Kevin J. McCarthy (MTLA member) McCarthy & Costello, Lanham, MD
Defense Counsel: J. Thomas Caskey ________
Francis Richard Niner and Denise Lee Niner v. American Intermodal Services, Inc. and Ceres Marine Terminal, Inc. Circuit Court for Baltimore City No. 98023034/CC652
Facts: On February 22, 1996, Plaintiff, Francis R. Niner, age 44, parked his trac- tor-trailer at the Ceres Marine Terminal to await the loading of a container onto his truck.␣ Mr. Niner began a mandatory safety inspection of his vehicle and walked behind the truck to check the lights.␣ While Mr. Niner was repairing an inop- erable taillight, William J. Titus, agent, servant and employee of Defendant, American Intermodal Services, Inc., backed his tractor-trailer into the Plain- tiff smashing him between the two trailers.␣ William J. Titus alleged he was forced to back his vehicle in a sudden manner to avoid being struck by a “transtainer” operated by Defendant, Ceres Marine Terminal, Inc.
Allegations of Liability: Titus while parked in a safe zone for truck drivers backed his vehicle without looking.␣ Titus alleged he had to back his vehicle suddenly to avoid being struck by a mobile crane that entered into the safe zone.
Injuries/Damages:␣ The Plaintiff sus- tained multiple catastrophic injuries, including fracture of his pelvis, nerve in- juries to his right leg, cartilage and ligamentous injuries to his left knee and multiple crush injuries to his gastrointes- tinal and urinary tract.␣ Mr. Niner was initially hospitalized from February 26, 1996 through March 26, 1996.␣ He has undergone numerous surgeries due to his injuries.␣ Mr. Niner’s medical expenses totaled approximately $290,000.00, past lost wages totaling $131,000.00, future
Fall 2000
medical expenses of $317,000.00 and fu- ture lost wages of $1,037,088.00.␣ Defendants did not contest the Plaintiff ’s injuries only the amount of future dam- ages.
Plaintiff ’s Expert(s): Kenneth R. Lippman, M.D. (Orthopaedic Surgeon), Baltimore, MD; Thomas Jarrett, M.D. (Urologist), Baltimore, MD; Mark Duncan, M.D. (Surgeon), Baltimore, MD; A. Lee Dellon, M.D. (Neurosur- geon), Baltimore, MD; Joseph M. Eisenberg, Ph.D. (Psychologist), Towson, MD.
Verdict/Settlement: Gross Verdict: $1,799,852.47; Net
Verdict: $1,314,852.47, after reduction for cap.
Plaintiff ’s Counsel: Harry W. Blondell (MTLA member) Blondell and Associ- ates, Baltimore, MD.
Defense Counsel: Dale B. Garbutt, Es- quire, Whiteford, Taylor & Preston, Baltimore, MD (Attorney for Defendant, American Intermodal Services, Inc.) and Andrew M. Battista, Esquire, Baltimore, MD (Attorney for Defendant, Ceres Ma- rine Terminal, Inc.)
________
Katherine Schulze, et al. v. Lorraine Vandervat No.: 03-C-99-008076 Circuit Court for Baltimore County
Facts: Plaintiffs, Katherine Schulze and Carter Edgeworth, husband and wife,
were proceeding northbound on Snowden River Parkway when the Defendant failed to yield the right-of-way to the Plaintiffs’ vehicle by making a left turn directly in front of the Plaintiffs’ vehicle.
Allegations of liability: The Defendant failed to yield the right-of-way by mak- ing a left turn directly in front of the Plaintiffs.
Injuries and Damages: Katherine Schulze: Bimalleolar fractures with dis- placement of the medial malleoulus; medical expenses: $3,356.64; lost wages: $5,419.00. Carter Edgeworth: Cervical and lum- bar strain; carpal tunnel syndrome, right hand; Medical expenses: $1,035.36; lost wages: $1,052.98.
Plaintiff ’s Expert: Raymond Drapkin, M.D. (Orthopedic Surgeon), Ellicott City, Maryland.
Defense Expert: Donald Saltzman, M.D. (Orthopedic Surgeon), Baltimore, Mary- land.
Verdict/Settlement: Verdict- Schulze: $69,250.00 Edgeworth: $ 8,910.00
INSURANCE COMPANY: State Farm Insurance Company
SPECIAL REMARKS: Counsel was ex- tended an offer of $30,000.00 for Plaintiff, Shulze and $3,000.00 for Plain- tiff, Edgeworth and was instructed that
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