This page contains a Flash digital edition of a book.
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


(Continued on page 38)


BACK TO HEALTH CHIROPRACTIC CENTERS SPECIALISTS IN PERSONAL INJURY


WHY CHOOSE US? • FOURTEEN LOCATIONS • 18 YEARS OF PERSONAL INJURY EXPERIENCE


• SAME DAY APPOINTMENTS (MONDAY - SATURDAY)


• ORTHOPAEDIC/CHIROPRACTIC CO-MANAGED CARE AT EACH LOCATION


• EXTENSIVE EXPERIENCE IN COURT (MD, DC, VA)


• EXPERT TESTIMONY FREE OF CHARGE FOR OUR PATIENTS


• PHYSICAL THERAPY AND X-RAY AT EACH LOCATION


• LIENS ACCEPTED Normal Curve


• OXON HILL • GREENBELT • BOWIE • UPPER MARLBORO • WALDORF • ROCKVILLE • GAITHERSBURG


Loss of Curve


• CAPITOL HILL • ANACOSTIA • BETHESDA • ALEXANDRIA • LANGLEY PARK • SILVER SPRING/WHEATON


CALL US AT 301-780-3104 Trial Reporter 37


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48