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.
Employment Law
Charlene A. Letchford, M.D. v. H.M. Haft & Associates, P.C., et. al.
Facts: Dr. Letchford was a physician employee and shareholder of H.M. Haft & Associates, P.C. (“Corporation”).␣ She left the Corporation to open her own medical practice 12 miles away.␣ She sought to have the Corporation purchase her shares at their full agreed upon value.␣ The Corporation failed and refused to pay her the full value of her shares in the Cor- poration.
Allegations of Liability: The Corporation contended that she violated a written non- solicitation agreement and an oral
non-compete agreement.␣ Dr. Letchford contended, among other things, that she did not directly or indirectly solicit the patients of the Corporation and that there was never an oral agreement not to com- pete.
Verdict/Settlement:␣ Verdict for Plaintiff, Dr. Letchford.
Special Remarks: I think the key to win- ning the case was pointing out on cross-examination the inconsistency be- tween the Corporation’s discovery responses and the testimony of its Presi- dent during his deposition and at trial.␣ The evidence tended to show that there was never any oral agreement not to com- pete and that Dr. Letchford did not violate the terms of the written non-solicit em-
ployment agreement. One of the most important things I learned during this case was to put a lot of time into crafting help- ful jury instructions.␣ Defense counsel did an excellent job of pushing for various instructions that were eventually read to the jury.
Plaintiff ’s Counsel: Bruce A. Johnson, Jr. (MTLA member) Crofton, MD.
Defendant’s Counsel: Stephen Braun Medical Negligence
Jacqueline Burrier, et al v. Swami Nathan, M.D. Circuit Court for Frederick County, Maryland No.10-C-99-000638
Facts: Jacqueline Burrier, age 27, came under the treatment of the defendant neu- rosurgeon after suffering a herniated disc at C5-6 on the right side following an automobile collision on June 26, 1996.␣ Prior to the surgery, she experienced right sided complaints only.␣ On September 3, 1996, Dr. Nathan performed an anterior discectomy with cervical fusion, at which time he placed a bone graft.␣ Immediately after surgery, the plaintiff complained of left sided shoulder and arm pain which Dr. Nathan attributed to the cervical pro- cedure itself.
The left sided pain continued for over one month until plaintiff, on her own, decided to get a second opinion from a neurologist.␣ Radiological studies were done at this time which showed the bone graft protruding approximately 7-8 mil- limeters into the spinal canal.␣ The CT scan also revealed “a large metallic den- sity projecting to the left of the mid portion of the fusion.”␣ It was discovered later that Dr. Nathan had broken off a nerve hook during the surgery.␣ However, the nerve hook itself did not cause any neurological damage.␣ Because of the per- sisting left sided pain, plaintiff was referred
36 Trial Reporter Winter 2001
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