Recent Verdicts & Settlements Edited by Mitchell A. Greenberg


Mitchell A. Greenberg, of the Greenberg Law Office in Baltimore, received his J.D. from the University of Baltimore School of Law. He is a member of MTLA’s Board of Governors and serves as Vice-Chair of MTLA’s Trial Reporter Committee. Mr. Greenberg is a member of MTLA’s Membership Committee and serves as MTLA’s delegate to the Task Force for the Rehabilitation of Injured Workers. He is a member of the Maryland State, Baltimore City, and American Bar Associations and also a member of ATLA. His practice concentrates in workers’ compensation, criminal defense, and serious personal injury.


Business Negligence


Betsy Goodman v. Jolly Rodger Rides, Inc. Circuit Court for Worchester County No. 23-C-99-0706


Facts: Plaintiff was a buiness invitee of the water park. Plaintiff, a 35-year-old Pennsylvania resident, and her boyfriend had gone down the water slide in a two- man innertube with no incident. On their second ride, the Plaintiff and her boy- friend fell out of the innertube and only the Plaintiff was injured.


Allegations of Liability: Plaintiff alleges that the young attendant at the top of the waterslide failed to properly release her innertube and consequently, the tube rode on the wall of the slide and caused the Plaintiff to be ejected. Plaintiff also alleged that the water park violated various State and Federal standards of safety in its op- eration of the slide.


Injuries/Damages: Plaintiff sustained neck and back injuries as well as shoul- ders injuries. Plaintiff alleges that all of these injuries were permanent in nature and that a future arthoscopic surgery was necessary to repair the shoulder. The past medical bills totalled $9272.87. Future medical expenses for surgery were esti- mated to be $20,000.00.


Plaintiff ’s Expert(s): Dr. Raymond Drapkin (Orthopedic); Dr. Michael Lupinacci (Orthopedic) Mechanicsburg, PA; Bill Avery (Safety Consultant) Or- lando, FL


Defense Expert(s): Dr. Dixon Jones (Or- thopedic)


Verdict/Settlement: Case settled for $80,000.00.


Insurance Company: Fireman’s Fund Plaintiff ’s Counsel: Robert J. Zarbin 46


(MTLA member) Saiontz, Kirk & Miles, Baltimore, MD


Insurance Coverage


Allen Ray Smith v. Liberty Mutual Fire Insurance Company, et al. Circuit Court for Worcester County


Facts: In 1994 plaintiffs increased their liability limits from $100,000.00 to $300,000.00. Their carrier, Liberty Mu- tual, obtained a waiver of uninsured motorist coverage by which the Smiths “elected” uninsured motorist coverage of $100,000.00. All declaration sheets there- after submitted to the Smiths by Liberty Mutual provided for uninsured motorist coverage of only $100,000.00


Allegations of Liability: Plaintiffs filed a declaratory judgment action requesting a reformation of the policy on the grounds that the waiver form did not comply with the requirements of the Insurance Code.


Injuries/Damages: In late 1998, plain- tiff sustained serious injuries in a 2-car collision in Charleston, WV. Those inju- ries included a broken neck and resulting spinal cord injuries for which the plain- tiff was hospitalized for a period of two months. His medicals bills totaled ap- proximately $100,000.00.


Verdict/Settlement: The Court entered a decree reforming the policy so as to pro- vide $300,000.00 in uninsured motorist benefits.


Adjustor: Joyce Rill Insurance Company: Liberty Mutual


Special Remarks: Liberty Mutual de- fended by arguing that the waiver form was “approved” by the Maryland Insur- ance Administration, and the form substantially complied with the require- ments of the Insurance Code. The Court


Trial Reporter


concluded that the waiver was deficient because it was not on the form required by the Commissioner and failed to clearly and concisely explain the nature, extent, benefit and cost of the level of uninsured motorist coverage that would be provided if not waived by the named insured.


Plaintiff ’s Counsel: William C. Hudson (MTLA member) Law Office of William C. Hudson, Pocomoke City, MD


Defense Counsel: Craig T. Walsworth, Campen & Walsworth


Landlord Negligence


Nicholson, et al. v. Metro Property Management, Inc. Circuit Court for Baltimore City No. 03-C-00-005586


Facts: Plaintiff, age four, had underwent a liver transplant at age eleven-months- old. Plaintiff resided in a condominium managed by defendant, Metro Property Management. A hot water leak started in the bathroom of the unit below Plaintiff’s home. The leak went unrepaired for sixty days causing mold to accumulate in the vacant unit below plaintiff ’s condo- minium.


plaintiff ’s condominium causing the plaintiff to become allergic to mold and require hospital admission when the plain- tiff developed bowl duct strictures.


Plaintiff ’s Expert(s): Robert Rubin, M.D.; Robert Wood, M.D. (Allergist); Margaret Flowers, M.D. (Pediatrician); Barry Nabozny (Real Estate Appraiser)


Defense Expert(s): Dr. Paul Columbani (Pediatric Surgeon); Dr. Mack Williams


Verdict/Settlement: Verdict: $219,000.00 Insurance Company: USAA Special Remarks: This is believed to be Summer 2002


The mold migrated into


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