Plaintiff’s Witnesses: Lawrence Bourgard, M.D. (Orthopedist)
Verdict/Settlement: $146,431 ($2,990 medicals; $440 wage loss; $143,000 non- economic loss)
Special Remarks: Allstate did not take deposition of Plaintiff and did not do DME. They also did not respond to dis- covery and failed to reply to motion for partial summary judgement. Allstate never made an offer until the week before trial. Offer was for $12,000.
Plaintiff’s Counsel: Irwin E. Weiss, Law Office of Irwin Weiss (MTLA Member) Baltimore, MD; Morris E. Balser, Law Office of Morris Balser, (MTLA Mem- ber) Towson, MD
Defense Counsel: Angela M. Lowery, Greenbelt, MD
________
Nancy V. Holmfeld v. Jonathan L. Benson, et al.
Facts: Plaintiff, Nancy Holmfeld, was a front seat passenger in a Honda Accord being operated by Defendant, Nilsa Almodovar that was struck broadside on the passenger’s side by a GMC Jimmy being operated by Defendant Jonathan Benson. The collision occurred on April 24, 1999 at 10:00 p.m. at the intersec- tion of Shady Grove Road and Gaither Road as Defendant Almodovar was trav- eling Eastbound on Gaither Road and Defendant Benson was traveling North- bound on Shady Grove Road.
Allegations of Liability: Defendant Almodovar and Defendant Benson each claimed to enter the intersection on a green traffic signal.
Injuries / Damages: As a result of an in- tersection collision, Plaintiff passenger was rendered unconscious and was trans- ported via ambulance from the scene of the collision to Shady Grove Hospital. From there, Plaintiff was transported by helicopter to Suburban Hospital. Upon admission, her diagnoses were: closed
head injury, blunt chest injury with rib fractures and flail chest with right sided pneumothorax, blunt abdominal injury, left sided non-displaced pelvic fracture, clavicle fracture and scapula body fracture. A CT of her brain showed mild diffuse cerebral edema. Plaintiff made a full re- covery from her orthopaedic injuries and did not claim any permanent residuals. The results of neuropsychological testing performed by Allan Mirsky, Ph.D., re- vealed variable performance with regard to measures of attention, ability to acquire information and ability to perform visual motor tasks. Dr. Mirsky concluded that Ms. Holmfeld’s impairments left her with merely ordinary neuropsychological abili- ties. Nevertheless, Plaintiff had returned to work on a full-time basis. Past Medical Expenses:
Bethesda
Chevy Chase Orthopedics $2,526; Sub- urban Hospital $20,236.50; The Neurological Surgery Group $265; Groover, Christie & Merritt $1,919; An-
(Continued on page 38)
Fall 2001
Trial Reporter
37
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