Defense Witnesses: Major P. Gladden, M.D. (Orthopaedic Surgeon) Washing- ton, D.C.; Daniel Washington, D.C.


VanGilder,


Verdict/Settlement: Settled before trial for $70,000.00 with defendant Bussert. Settled before trial for $51,500.00 with defendant United States of America.


Insurance Company: USAA for defen- dant Bussert


Special Remarks: The United States Park Service has continually denied responsi- bility for incorrect signage and has continued to use one-way traffic patterns which frequently change, contributing to automobile collisions in Rock Creek Park.␣ However, their own studies (Rob- ert Peccia & Associates Transportation Study, Rock Creek Park, March 1997; Robert Peccia & Associates Traffic Study, Rock Creek Park, April 1997; Federal Highway Administration Engineering Study, Rock Creek Park, 1988; and Fed- eral Highway Administration Rock Creek Park Engineering Study, 1999) make very strong recommendations about inad- equate signage and the need to re-evaluate the changing of one-way traffic patterns.


Plaintiff’s Counsel: Steven Van Grack; Van Grack, Axelson & Williamowsky, P.C. (MTLA Member) Rockville, MD


Defense Counsel: David Grimaldi for defendant Bussert, Washington, DC; Kathleen Frye/Scott Harris for defendant United States of America, Washington, DC


________


Warren Oser v. Angela Trosper Circuit Court for Montgomery County


Facts: On May 15, 1997, while stopped at a red traffic signal behind sev- eral other vehicles at the intersection of Counselman Road and River Road in Potomac Village, Plaintiff’s vehicle was struck forcefully in the rear by a 1995 Chevrolet Suburban being operated by the Defendant. The force from this collision caused Plaintiff’s vehicle to move forward into the rear of a Jeep Grand Cherokee stopped in front of him. As a result of the impact, Plaintiff’s body was thrown about the interior of his vehicle and he ended up on the floor looking up at the ceiling. He was wearing his seat belt at the time of the collision. Plaintiff ’s vehicle sustained extensive damage, including the front hood, grill


Summer 2001


and bumper and to the trunk, rear bumper and both rear panels.


In addi-


tion, Plaintiff ’s engine was damaged, including the oil pump. Both Plaintiff ’s insurance carrier and a representative from defendant’s insurance carrier determined that his vehicle was a total loss. Plaintiff was seen initially by Dr.


Steven Mazer of the Greater Washington Orthopedic Group for neck and back in- juries. He underwent several weeks of physical therapy and his neck and back injuries resolved. However, several days after the colli-


sion, Plaintiff noticed bruising of his right inner thigh just above the knee along with generalized swelling in his right lower leg, ankle and calf. Plaintiff described his right leg as appearing about one-third larger than his left leg. Plaintiffs were sched- uled to take a cruise at the end of May 1997. Plaintiff discussed the acute swell- ing in his right lower leg with Dr. Mazer and was assured that he could go on the cruise. During the cruise, the swelling in Plaintiff ’s right lower leg increased dra- matically. Upon his return in early June, Plain- tiff contacted Dr. Mazer about the increased swelling and resulting discom- fort in his right lower leg. Dr. Mazer referred Plaintiff to his internist of ap- proximately 8 years and was, in turn, referred to Dr. Sulkin, a vascular surgeon. Following the June 20, 1997 exam, Dr. Sulkin ordered a CT scan of the pelvis and a venous duplex study of Plaintiff ’s right leg.


These tests revealed no deep


venous thrombosis or venous insuffi- ciency. Dr. Sulkin concluded that Plaintiff was suffering from lymphadema of the right lower extremity due to dilated lym- phatic channels. His symptoms consisted of severe swelling, aches, pains, heaviness, fatigue and decreased mobility. Dr. Sulkin prescribed a sequential intermittent com- pression pump and a nylon compression stocking.


In a second opinion, Dr. Michele Cerino, a vascular surgeon in Baltimore, repeated Dr. Sulkin’s tests and also con- cluded that Plaintiff was suffering from lymphadema in the right leg. According to Dr. Cerino, the motor vehicle collision and the resulting trauma to Plaintiff ’s right leg was the cause of his condition. The permanent swelling in Mr. Oser’s right ankle and leg cause pain and dis- comfort when seated or standing for long periods of time. Since June 1997, Plain- tiff is required to wear a thigh high nylon compression stocking during normal wak- ing hours and to use his lymphadema pump for 2 continuous hours every morn- ing and 2 continuous hours every evening. In order to minimize the daily swelling of his right leg, Plaintiff must elevate his right leg as often as possible and tries to sleep with his right leg in an elevated position. He must bring and use his lymphadema pump and leg sleeve daily even when trav- eling or on vacation.


Because of the


compression stocking, he no longer wears short pants even during warm weather. New shoes must be stretched before be- ing worn to accommodate Plaintiff ’s swollen right foot. In addition, Plaintiff must avoid injury or infection to his right leg, including avoiding sun exposure. Prior to the collision, on occasion, par- ticularly following long periods of standing or sitting, Plaintiff, who was 60 years old at the time of the collision, ob- served mild swelling in both his lower extremities, especially in the area of his ankles. Although it caused mild discom- fort, it did not affect his lifestyle and there was never any diagnosis or treatment. Dr. Gerald Shugoll, a cardiologist des-


ignated by the defendant as an expert witness, holds the opinion that an under- lying congenital abnormality is the cause for Plaintiff ’s lymphadema. During his deposition, however, Dr. Shugoll admit-


(Continued on page 50)


Trial Reporter


49


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