Recent Verdicts and Settlements (Continued from page 46)
Verdict/Settlement:␣ ␣ Case settled for $200,000.00.␣ Release was drafted to per- mit Plaintiff to pursue claim against health care provider for improper placement of G tube.
Adjustor: Darlene Rendek Insurance Company: State Farm
Plaintiff ’s Counsel: David F. Albright, Jr. (MTLA member) Horn & Bennett, P.A., Baltimore, MD
Defense Counsel:␣ ␣ Clifford A. Robinson, Baltimore, MD␣
Vehicular Negligence
Ivy Bartley v. Allstate Insurance Company and Joseph Isimah Circuit Court for Prince George’s County, Maryland. CAL99-12806
Facts: On July 5, 1997 the plaintiff, Ivy Bartley, was a passenger in a van that was being driven by her daughter.
The
plaintiff ’s husband and grandchildren were also passengers in the van. The plain- tiff, her husband and her daughter all testified that the van was stopped at a red light when it was rear ended by a vehicle driven by defendant Joseph Isimah. Mr. Isimah testified that the light was green when he approached the intersection and that Plaintiff ’s vehicle came to a sudden stop. Mr. Isimah did not have insurance for the vehicle that he was driving. There
was no property damage to the Plaintiffs’ vehicle. Although Mr. Isimah testified that there was no property damage to his vehicle, Mr. and Mrs. Bartley both testi- fied that there was visible property damage to the defendant’s vehicle.
Allegations of Liability: Since Mr. Isimah’s vehicle was uninsured, suit was brought against both Mr. Isimah (for negligence) and Allstate (for breach of contract). Allstate was the uninsured motorist carrier providing coverage for the van that Mrs. Bartley was in. There was $50,000.00 in uninsured motorist coverage.
Injuries and Damages: The plaintiff had pre-existing lumbar stenosis and low back pain for which she had been receiving treatment up until the time of the colli- sion. Plaintiff ’s doctor testified that, as a result of the collision, plaintiff suffered a cervical, thoracic and lumbosacral strain and contusions to her shoulder. No evi- dence of permanent injury was presented. Plaintiff claimed past medical expenses of $3,512.00 and lost wages of $6,667.20.
Plaintiff ’s Expert: Phillip H.
Omohundro, MD (Orthopaedist) testi- fied for the Plaintiff via videotape pursuant to Maryland Rule 2-418(a)(4). Dr. Omohundro is located at 8455 Colesville Road, #200, Silver Spring, MD 20910.
Defense Experts: None.
Verdict/Settlement: Allstate offered $5,000.00 prior to suit being filed. Suit was initially filed in District Court for $25,000.00. Allstate jury demanded. During the course of discovery, Allstate decreased their offer to $1,500.00.
Verdict- $16,012.00 judgment granted in favor of the plaintiff, and against Allstate Insurance Company and Joseph Isimah.
Insurance Company: Allstate
Plaintiff ’s Counsel: Kevin I. Goldberg (MTLA Member), Goldberg & Finnegan, L.L.C., Silver Spring, Maryland
Defense Counsel: Allstate Insurance Company represented by Paul Crawford, Esquire. Joseph Isimah represented by Irena Karpinski, Esquire
________
James Davidson, et ux. v. DDI Transporta- tion, Inc. and Scott Edward Kick Circuit Court for Howard County No. 13-C-98-037475 MT
Facts: On September 10, 1997, the Plain- tiff was driving eastbound on Md. Route 108 in Howard County, Maryland. The Defendant, Scott Edward Kick, was op- erating his tractor-trailer in the business of Defendant DDI in the westbound lane of Md. Route 108. While coming around a curve the trailer portion of the tractor- trailer left the westbound lane of Route 108, swung across the centerline into on- coming traffic and knocked the vehicle which the Plaintiff was operating into an embankment. The Defendant then left the scene of the accident. A witness noted the truck’s tag number and the Howard County Police located the truck and driver later in the day.
Allegations of Liability: Negligence - excessive speed; failure to control vehicle.
Injuries/Damages: The plaintiff sustained a punctured and collapsed lung. The plaintiff also sustained a fracture of the fourth finger of the left hand which re- quired open reduction and internal fixation. Additionally, the plaintiff sus- tained fractures of the left scapula and the left clavicle. Medical damages totaled $36,500.
Plaintiff ’s Experts: None Defense Experts: None Verdict/Settlement: Settlement: $147,500 Adjustor: Larry L. Von Eschen
Insurance Company: National Transpor- tation Adjusters, Inc.
48 Trial Reporter Spring 2001
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 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56