Special Remarks: Eyewitness testimony given at the criminal trial of the driver provided a strong basis for settlement.
Plaintiff ’s Counsel: Kathryn Miller Goldman (MTLA member) Astrachan, Gunst, Goldman & Thomas, PC
Defense Counsel: Inga Osterle Drewniak, Ryan & Drewniak, P.A.
________
Domenic Dibiase v. Arthur Roeper Prince George’s County Maryland CAL 99-14540
Facts: Plaintiff, 61 year old married male, was involved in an intersection motor ve- hicle accident in Montgomery County.␣ Defendant was operating a commercial vehicle within the scope of his employ- ment.␣ Defendant and his employer were residents of Carroll County, although Defendant and his employer both did business throughout Maryland, including Prince George’s County.␣
Allegations of Liability: Stipulated (in- dependent witness agreed Defendant ran a red light)
Injuries/Damages:␣ Plaintiff was taken by ambulance to Shady Grove hospital where he was hospitalized for sixteen days.␣ Main injury was fractured left pelvis, which was treated non-surgically.␣ Plaintiff was dis- charged to National Rehabilitation Hospital for eight days and finished with two years of treatment for his hip frac- ture, low back pain and post -concussive syndrome. Plaintiff ’s total medical bills were $39,534.16.␣ Plaintiff ’s treating doctor opined that Plaintiff would need a hip replacement at some point in his life, which would cost $25,000 - $30,000.␣ Plaintiff also claimed approximately $40,000 for alleged income loss from his printing business. Defendant did not dispute the reason- ableness of the past medical bills but disputed whether Plaintiff would ever need or undergo the hip replacement and whether the Plaintiff had in fact suffered any income loss.
Plaintiff’s Experts:␣ ␣ Wayne Leadbetter, M.D., 9711 Medical Center Drive, Suite 201, Rockville, Maryland 20850.␣ Mar- tin S. Rusinowitz, M.D., The Neurology Center, 1201 Seven Locks Road, Suite 101, Rockville, MD 20854
Spring 2001
Defense Expert: Joel D. Fechter, M.D. AAOS, 10301 Georgia Avenue, Suite 105 A, Silver Spring MD 20902
Verdict/Settlement: The case was settled six weeks before trial with the assistance of the Honorable Howard S. Chasanow for the sum of $260,000.
Insurance Company: John Deere
Special Remarks:␣ ␣ Plaintiff filed suit in Prince Georges County. Defendant moved to transfer challenging the venue and also raising the doctrine of forum non conveniens.␣ Defendant’s motion was de- nied and the case proceeded in Prince George’s County.
Plaintiff ’s Counsel: David F. Albright, Jr. (MTLA member) Horn & Bennett, P.A. Baltimore
Defense Counsel:␣ ␣ Dale B. Garbutt ________
Wesley Epps,
et.al., vs. J.B. Hunt Transport, Inc.
et.al. Circuit Court for Prince George’s County, Maryland␣ Civil Action No: CAL99-16622
Facts: Plaintiff was operating his motor ve- hicle on the inside loop of the Washington Beltway. His wife was in the right front seat and their two sons, age 15 and 6 were in the back seat. Suddenly, a tractor trailer operated by the Defendant proceeding from the opposite direction on the outer loop lost control, crossed the center line, became air- borne and landed within the inner loop headed in the wrong direction. Both ve- hicles attempted to stop and there was a resulting crash at slow speed of the front ends of both vehicles. Plaintiffs were oper- ating an older vehicle which was totaled. All Plaintiffs were␣ from Philadelphia on the way home from a trip.␣
Injuries and Damages: The driver and his two sons sustained soft tissue injuries and were treated with physical therapy follow- ing negative x-rays and MRI’s. The mother’s MRI reveled a bulging disk which she contended was caused by the incident which issue was contested. She also sustained soft tissue injuries which were treated with physical therapy. Total medical treatment for all four Plaintiffs was $46,663.00. The lien for past medicals was reduced to $13,600 by agreement with the Plaintiffs P.I.P. insur- ance carrier.
Trial Reporter
Adjuster:␣ The Defendant, J.B. Hunt Transport, Inc. is self insured.
Special Remarks: The Washington
Beltway at the site of the incident looked like a bombed out zone from a helicopter view taken after all vehicles came to rest and before the clean up began. However, miraculously, there were no serious inju- ries or deaths.␣ ␣
Plaintiff ’s Counsel: William T. Wood (MTLA member) Law Offices of Will- iam T. Wood, Rockville, Maryland
________ Pfeifer vs. Knight
Facts: The Plaintiff, then 83 years old, was a passenger in Knight’s vehicle. Knight rear ended a truck causing severe injuries to several elderly passengers.
Allegations of Liability: Knight failed to reduce speed.
Injuries and Damages: Plaintiff suffered a hematoma on the spinal cord (cervical) requiring two surgeries to remove. She spent two months on a ventilator and six months in the hospital. She made a full recovery with virtually no residuals. Medical expenses exceeding $360,000.00. Future expenses, none.
Plaintiff ’s Expert: Marc Simard, M.D., University of Maryland Settlement: $725,000.00 Adjustor: Rick Davidson
Insurance Company: Harford Mutual
Special Remarks: Defendant had a $500,000.00 primary policy and a $1,000,000.00 umbrella policy. Other claims settled for $625,000.00 total.
Plaintiff ’s Counsel: Dennis F. O’Brien (MTLA member) Foard, Gisriel & O’Brien, Towson, MD
(Continued on page 50) 49
Plaintiff ’s Witnesses: Treating Physicians in Philadelphia.
Defense Witnesses: Joel L.␣ Falik, M.D. (Orthopedic Surgeon) Greenbelt, Mary- land
Settlement: $135,000.00 paid immedi- ately
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