Defense Witnesses: Dr. Kevin Hanley (Orthopedist) Bowie, MD


Verdict/Settlement: Medicals: $62,500; Pain & Suffering $237,500; Total $300,000


Insurance Company: State Farm


Special Remarks: State Farm made no offers until beginning of trial. Defense counsel only had authority after jury was selected and made offer of $150,000 ini- tially. At the end of the first day of a two-day trial the offer was $250,000. Second day offer was made for $300,000, but rejected by Plaintiff. Jury returned a verdict of $300,000 after approximately 1 hour of deliberation. Claim handled by State Farm, Silver Spring office. No offers were made at 2 pre-trial conferences.


Plaintiff ’s Counsel: Gill Cochran (MTLA Member) Law Office of Gill Cochran, Annapolis, MD; Mandeep Chhabra (MTLA Member) Law Office of Gill Cochran, Annapolis, MD


Defense Counsel: Ronald Baradel, Baradel Kosmerl & Nolan, Annapolis


________ Martha Maher v. Barbara Eberle, et al.


Facts: This case involves a motor vehicle collision that occurred at approximately 4:45 p.m. on July 6, 1998. The Plaintiff, Martha Maher, was traveling East on Ex- ecutive Boulevard and had stopped at a red traffic signal at the intersection of Ex- ecutive Boulevard and Old Georgetown Road. The traffic signal changed to green and she proceeded slowly across the in- tersection in the middle lane.


The


collision occurred when she was struck by a vehicle approximately + of the way across the intersection. The Defendant, Sara Eberle, was operating a 1993 Mazda owned by her mother, Defendant, Bar- bara Eberle. Defendant was proceeding southbound on Old Georgetown Road toward and into its intersection with Ex- ecutive Boulevard against a red traffic signal when her vehicle collided with Plaintiff ’s vehicle.


Allegations of Liability: Plaintiff alleged that Defendant Sara Eberle failed to pay full time and attention, failed to main- tain a proper lookout, failed to keep her vehicle under control, failed to stop her vehicle in time to avoid striking Martha Maher’s vehicle, failed to apply her brakes to avoid the collision, failed to operate her vehicle so as to avoid the collision, and failed to obey a traffic signal.


Fall 2001 Thomas C. Cardaro


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


Plaintiff further alleged that Defendant


Barbara Eberle failed to properly inspect her vehicle, failed to properly maintain her vehicle in a safe condition, failed to notice the dangling cell phone wire when it was there to be seen, and failed to re- move or secure the dangling cell phone wire.


Defendant Sara Eberle claimed that


she observed the red traffic signal but was unable to bring her vehicle to a complete stop because her foot became entangled on a cell phone wire that was dangling underneath the dashboard and in the vi- cinity of the brake pedal.


Injuries / Damages: Plaintiff suffered a C5-C6 disc herniation centrally and to the left and a focal central disc protru- sion at C6-C7. As a result, she underwent anterior cervical discectomy and fusion.


Plaintiff ’s Witnesses: P. Steven Macedo, M.D. (Neurology) Chevy Chase, MD; Daniel J. Esposito, M.D. (Internal Medi- cine) Chevy Chase, MD; Bruce J. Ammerman, M.D. (Consulting Neuro- surgeon) Washington, DC; Alexandros D. Powers, M.D. (Treating Neurosurgeon) Bethesda, MD; Andrew V. Panagos, M.D. (Rehabilitation & Physical Medicine) Bethesda, MD; George P. Baylis, M.D. (Orthopedic Surgery) Rockville, MD


Defense Witnesses: Joel M. Falik, M.D. (Neurosurgery) Greenbelt, MD


Verdict/Settlement: Case was settled shortly before the pretrial conference for $150,000.


Insurance Company: State Farm


Special Remarks: Plaintiff ’s vehicle, a large 1984 Oldsmobile, sustained only minor property damage.


Plaintiff ’s Counsel: Edward L. Norwind (MTLA Member) Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A., Rockville, MD; Albert H. Lechner (MTLA Mem- ber), Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A., Rockville, MD


________


Doe v. Federal Insurance U.S. District Court for D.C.


Facts: Plaintiff was a partner in a Big Eight accounting firm and had an auto accident in Montgomery County, caus- ing a herniated disc at L4-L5. Following surgery, Plaintiff developed scarring in the area of L4-L5, impinging on the thecal sac, causing continuous pain and an in- ability to work and concentrate. Underlying limits in auto policy were single limit $300,000 with GEICO. Plaintiff settled with GEICO and made UIM claim against Federal Insurance for damages in excess of $300,000. Federal provided umbrella coverage for the ac- counting firm’s partners. Federal took the position that the underlying GEICO settlement was than sufficient for a her- niated disc and its sequela. Plaintiff sued Federal in Washington, D.C. for breach of contract (where Federal, Chubb Insur- ance Group, had negotiated the claim).


Plaintiff’s Witnesses: Robert Loeffler, M.D. (Orthopedic Surgeon); Octavio Polanco, M.D. (Neurosurgery); Lester


(Continued on page 40)


Trial Reporter


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