Recent Verdicts and Settlements (Continued from page 49)
Defense Counsel: Edward Buxbaum, Whiteford, Taylor & Preston
________ Sher v. United States
Facts: The Plaintiff, a principal cellist with the Baltimore Symphony Orchestra, was struck by a postal truck while on a mo- torcycle.
Allegations of Liability: Liability was conceded in this FTCA case.
Injuries and Damages: Plaintiff ’s only injury was a dislocated little (pinkie) fin- ger on the left hand. As a result, he was unable to continue as a cellist and has not worked since. Defendant contended that the Plaintiff could teach. Past medical, $4,000.00, future medical, none, past lost wages, $146,000.00, future lost wages, $400,000.00
Plaintiff ’s Experts: Steven Friedman, M.D. (Hand Surgeon) Baltimore, Mary- land; Jerry Staller (Economist) Philadelphia, Pennsylvania; Efim Weiman, M.D. (Psychiatrist) Baltimore, Maryland.
Defense Experts: John Lion, M.D. (Psy- chiatrist) Baltimore, Maryland; Stacey Berner, M.D. (Hand Surgeon) Baltimore, Maryland; Steve Shedlin (Vocational Rehab) Baltimore, Maryland; Henry Macini, Ph.D. (Economist) Baltimore, Maryland.
Verdict: $825,000.00 ($225,000.00 Pain & Suffering, $600,000.00 Wages, past & future)
Special Remarks: The major issue in this case was whether the Plaintiff could teach cello or otherwise earn income. The court found that he could not teach but that he could earn income. The other major is- sue was how much the Plaintiff would receive for pain and suffering. His physi- cal injury was essentially painless unless he played the cello. His major complaint was depression caused by the loss of his career.
Plaintiff ’s Counsel: Dennis F. O’Brien (MTLA Member) Foard, Gisriel & O’Brien, Towson, MD; Lee Gordon (MTLA Member) Gordon & Gordon, P.A., Baltimore, MD.
Defense Counsel: Michael DiPietro, As- sistant U.S. Attorney
________
Debbie Ward v. Laurie Jarrell Circuit Court for Montgomery County Case No. 209260V
Facts: Plaintiff is a 45-year-old woman who is employed as a school teacher in the District of Columbia. Plaintiff was operating her vehicle in Silver Spring af- ter attending Easter Sunday church services. Plaintiff was stopped on Fairland Road waiting to execute a left turn and was struck in the rear. Both vehicles suf- fered substantial property damage. Plaintiff refused treatment at the scene. Later, Plaintiff went to Holy Cross Hos- pital where she was treated for soft tissue neck and back pain. Plaintiff began a course of treatment, in- cluding physical therapy, with A. Roy Rosenthal, M.D., an orthopaedic surgeon. An MRI revealed a small disc bulge at Plaintiff ’s L5 disc as well as degenerative disc disease. Plaintiff was also seen by John Barrett, M.D., a neurosurgeon, and received an epidural steroid block procedure on two occasions in her lumbar spine.
Allegations of Liability: Plaintiff claimed Defendant was liable for not paying full time and attention. Defense counsel ad- mitted negligence at trial. The Defendant did not testify at trial.
Injuries/ Damages: A. Roy Rosenthal, M.D. testified that Plaintiff sustained a 19% permanent partial impairment of her whole body due to a chronic lumbar strain which was directly related to the automobile col- lision. Defendant’s orthopedist, Neil Green, M.D., testified that Plaintiff suffered a 5% chronic lumbar strain. Neither doctor tes- tified Plaintiff’s symptoms were related to the disc bulge. Plaintiff claimed $ 8,381.30 in past medical expenses. There was no lost wage claim. Plaintiff’s last demand was $55,000; Defendant’s last offer was $21,000.
Plaintiff ’s Expert: A. Roy Rosenthal, M.D. (Orthopaedic Surgeon) Silver Spring, MD
Defendant’s Expert: Neil Green, M.D. (Orthopaedic Surgeon) Silver Spring, MD
Verdict: $48,360.30.
Plaintiff ’s Counsel: Kevin J. Finnegan (MTLA member) and Kevin I. Goldberg (MTLA member), Goldberg & Finnegan, LLC, Silver Spring, MD.
Defense Counsel: State Farm in-house counsel - David L. Hendricks & Associates
50 Trial Reporter Spring 2001
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