Facts: Teresa McDougald was struck head on by a hit and run vehicle whose driver fled on foot. She filed a UM claim with her insurance carrier, USAA.


Injuries/Damages: Fractured leg, neck and back soft tissue injuries, and left knee damage.


Verdict/Settlement: This case settled for the policy limits of $100,000.


Insurance Company: USAA Adjustor: Paul Cadotte


Special Remarks: This case was settled immediately following a recorded inter- view.


Plaintiff ’s Counsel: Timothy S. Smith (MTLA member) Law Office of Richard L. Jaklitsch, Upper Marlboro, MD


________


Elizabeth M. Ward (individually and as personal representative of the Estate of Ed- ward David Ward, Sr.), Elizabeth M. Ward on behalf of Jeffrey Ward (a minor), Brian Ward, Christina Ward Duvall, Robert Ed- ward Ward, Edward David Ward, Jr., and John Roger Ward v. Contractors Disposal, Inc. and David Ezkaeil Moore.


Circuit Court for Montgomery County, Maryland Civil No. 216783


Facts: Defendant’s trash disposal dump truck veered off Capital Beltway onto the shoulder where husband/father of plain- tiffs and his son were parked in their tow truck.␣ Husband/father was out of his truck on the shoulder removing large de- bris from the shoulder when defendants’ vehicle struck him and tow truck, result- ing in massive fatal injuries to husband/ father and severe emotional distress to son in tow truck.


Allegations of Liability: Defendant had a duty of care to operate his vehicle in a prudent and safe manner and breached this duty by: (1) failing to operate his ve- hicle in a safe and prudent manner; (2) failing to␣ keep a proper lookout; and (3) failing to maintain control of his vehicle in order to stay within his lane. ␣␣␣␣ Injuries/Damages: Husband/father was deceased at the scene with massive inju- ries. Fifteen-year-old son in tow truck witnessed his father’s violent death and


Summer 2001


sustained significant psychological inju- ries.␣ Economic damages totaled $632,177.00.


Plaintiff ’s Experts: Thomas C. Borzilleri, Ph.D. (Economist) Bethesda, MD; Drew E. Permut, Ph.D. (Psychologist) Washing- ton, DC


Verdict/Settlement: Settled at mediation for $909,000.00 with insurance policy limits of 1,000,000.00.


Insurance Company: Zurich-American Insurance Group


Plaintiff ’s Counsel: Steven Van Grack (MTLA Member), Van Grack, Axelson & Williamowsky, P.C.,␣ Rockville, MD; Thomas L. Heeney (MTLA Member) Rockville, MD; Alan Town (MTLA Member) Rockville, MD


Defense Counsel: Jeffrey DeCaro, Lanham, MD


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Robert H. Weichbrod v. Richard Allen Gillespie and Keystone Automotive Circuit Court for Montgomery County, Maryland Civil No. 203313


Facts: Defendant’s commercial delivery truck struck the rear of plaintiff’s vehicle during rush hour traffic on the Capital Beltway, forcing it into the vehicle in front of him and that vehicle into the one in front of it.


Allegations of Liability: Defendant had a duty of care to operate his vehicle in a


prudent and safe manner and breached this duty by: (1) failing to operate his ve- hicle in a safe and prudent manner; (2) failing to␣ keep a proper lookout; (3) fail- ing to maintain control of his vehicle in order to stop it in time or direct it in such a way to avoid colliding with plaintiff.


Injuries and Damages: Plaintiff sustained a torn ACL in his left knee requiring sur- gical repair and reconstruction and a torn rotator cuff in his left shoulder requiring surgical repair.␣ Medical dam- ages totaled $80,545.00.


Plaintiff’s Experts: Harikant C. Shah, M.D. (Orthopaedic Surgeon) Rockville, MD; Edward J. Bieber, M.D. (Ortho- paedic Surgeon) Bethesda, MD; Jerome M. Staller, Ph.D. (Economist) Philadel- phia, PA


Defense Experts: Clifford Hinkes, M.D. (Orthopaedic Surgeon) Kensington, MD


Verdict/Settlement: Settled at mediation for $285,000.00.


Insurance Company: Royal and Sunalliance


Special Remarks: Defendant’s position was that the medical treatment was not causally related to the collision.


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


Defense Counsel: John J. Dillon, Chevy Chase, MD


Thomas C. Cardaro


PH: 410-752-6166 FX: 410-752-6013


Trial Reporter


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