Recent Verdicts and Settlements (Continued from page 39)
Zuckerman, M.D. (Pain Management); Lawrence Fisher, Ph.D. (Psychology); Kathleen Fink, M.D. (Rehab & Pain Management); Richard Strauss (Voca- tional Rehabilitation); Michael Anchors, M.D. (Internal Medicine); Thomas Borzilleri, Ph.D. (Economist); Phillip Apel, Ph.D. (Pain Management); David Cohen, M.D. (Orthopedic Surgery)
Verdict/Settlement: $3.3 Million dollars (Settlement figure is total payout, includ- ing portions that were structured. Present value, including GEICO payment, is $2,650,000.
Plaintiff ’s Counsel: Ronald A. Karp (MTLA Member) Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A., Rockville, MD.; J. Philip Kessel (MTLA Member) Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A.., Rockville, MD
Defense Counsel: Hogan & Hartson ________
Deabreu v. John J. Kirlin, Inc. Circuit Court for Prince George’s County No. CAL00-05124
Facts: This case involved a construction accident which occurred on the Washing- ton Post building project in Greenbelt, MD in April of 1997. At that time, the Plaintiff, Sherwin Deabreu, was working an electrician on the construction site. As the Plaintiff was walking back from a stor- age trailer to the construction site, an employee of John J. Kirlin, Inc. (the me- chanical subcontractor) ran him over with a material handler. As a result of this, Mr. Deabreu suffered multiple displaced frac- tures in his left foot, soft tissue injuries in his right knee, serious urethral abrasion resulting in blood and pain upon urina- tion, and numerous lacerations and abrasions. Mr. Deabreu required surgery to set the bones in his foot and two sepa- rate week-long hospitalizations. At the time of this occurrence, Mr.
Deabreu was 23-years-old and earned ap- proximately $21,000 as an electrical apprentice and member of the Electrician’s Union. As a further result of this injury, Mr. Deabreu has developed arthritis in his left foot and he is no longer able to work as an electrician. He has, however, secured other employment. As a result of the disparity in wages
between an electrician and the job Mr. Deabreu currently holds, the total future lost wages presented to the jury were ap-
proximately $750,000.00. Past lost wages were approximately $87,000.00 and medical expenses were approximately $30,000.00.
Allegations of Liability: Negligent driv- ing and failure to yield right of way.
Injuries and Damages: Plaintiff ’s right knee suffered serious injury requiring 3 surgeries over a 5-year period. Plaintiff suffered from an aggravation of an undis- puted pre-existing lower back problem at L4-L5, L5-S1. Various soft tissue inju- ries with residual effects to the neck, right shoulder and elbow. Past medicals $60,200, no lost wages, no future medicals.
Plaintiff ’s Witnesses: Dr. Walter Landmesser (Orthopedic Surgeon) An- napolis, MD
Defense Witnesses: Dr. Kevin Hanley (Orthopedist) Bowie, MD
Verdict/Settlement: Medicals: $62,500; Pain & Suffering $237,500; Total $300,000
Insurance Company: State Farm
40 Trial Reporter Fall 2001
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
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