Recent Verdicts and Settlements (Continued from page 55)
the intended use for the rope. Specifi- cally, it was explained that the rope would be utilized for a rope swing in the family backyard. Additionally, the defendants were advised in a detailed manner, the intended method of swing construction including the fact that the rope would be knotted, suspended from a tree, have a swing seat, and would be required to safely hold a full-sized adult weighing approxi- mately 160 pounds or more.
After learning the specifics, the defen- dants approached a spool of rope and advised the plaintiffs’ family that the rope being proposed by the defendants was safe for its intended purpose, to build the rope swing as described. Relying upon the advice of the defendants, the plaintiff’s family purchased 100 feet of the rope from the defendants and took it home. It is alleged that the Plaintiff ’s family
constructed the swing in exactly the man- ner they described to the defendants, utilizing the tree previously described, knotting the rope in the manner de- scribed, and affixing the seat as described. Subsequently, the plaintiff was utiliz- ing the swing. The rope suddenly broke as the plaintiff reached the peak of the swing, approximately 15-20 feet above ground. When the rope broke with no warning whatsoever, the momentum of the swing catapulted the plaintiff into a freefall to the ground below. Immediately after the plaintiff fell, paramedics were contacted and the plaintiff was flown to a trauma hospital.
Allegations of Liability: As alleged, had the Defendants not been liable for ordi- nary negligence and product liability negligence, the plaintiff would not have been injured and would have gone on to live a normal and healthy life with no need for extensive daily assistance and no per- manent paraplegia.
Injuries/Damages: The impact resulted in multiple crushed vertebras, damaged to disk material, a collapsed lung, frac- tured ribs, swelling of the brain, significant internal bleeding, and other injuries that ultimately left the patient paralyzed. As a result, the plaintiff is paralyzed and will so remain for the rest of his life. He has lost all bowel, bladder and sexual func- tion and is confined to a wheelchair for the rest of his life.
Plaintiff ’s Expert(s): Robert Pond, Ph.D. (Material Science Engineer) Baltimore;
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John R. Scully, Ph.D. (Material Science Engineer) Charlottesville, VA); FTI Con- sulting Inc. (Material Science Engineer) Annapolis; Charles Smolkin (Adult Voca- tional Counselor) Baltimore; C. James Duke, M.D. (Physiatry) Silver Spring; Mona Yudkoff, R.N., M.P.H. (Life Care Planning) Bala Cynwood, PA; Jerome Staller, Ph.D. (Economics) Philadelphia, PA
Verdict/Settlement: $1,900,000 settle- ment
Plaintiff ’s Counsel: Jonathan Schochor (MTLA member) Schochor, Federico & Staton, Baltimore, MD; Philip C. Federico (MTLA member) Schochor, Federico & Staton, Baltimore, MD
Vehicular Negligence
Clark v. Ridgewells Cater, Inc. et al. Circuit Court for Montgomery County No. 212854V
Facts: Plaintiff struck from the rear by Ridgewells Cater, Inc. truck on access road to River Road & I-495 in Potomac, Mary- land.
Allegations of Liability: Following too closely.
Injuries/Damages: HNP L2-3, Hemil- aminectomy & Fusion. Medicals $59,000 & Lost Wages $35,000.
Plaintiff ’s Expert(s): Robert J. Bortnick, M.D. (Neurosurgeon); Michael C. Reing, M.D. (Orthopaedic Surgeon)
Defense Expert(s): Richard Wells, M.D. (Orthopaedic Surgeon)
Verdict/Settlement: Structured settle- ment with present value of $238,000.00, $148,000.00 cash & $984.22 monthly for life, guaranteed for 20 years beginning 12/ 20/07.
Insurance Company: Travelers Insurance Company
Plaintiff ’s Counsel: Steven M. Cooper (MTLA member) Steven M. Cooper, Chartered, Silver Spring, MD
Defense Counsel: Thomas J. Davis & Associates, Rockville, MD; Patricia L. Kane, Rockville, MD
________ David Schneider v. Aldona Kairys Trial Reporter
Facts: Plaintiff on Crain Highway, struck by defendant’s vehicle which ran a stop sign at Governor Bridge Road in Upper Marlboro. Plaintiff was ejected from his vehicle.
Allegations of Liability: Defendant failed to stop at stop sign.
Injuries/Damages: Twenty-one-year-old plaintiff sustained parietal and temporal fossa head fractures, epidural hematoma and middle ear injury resulting in minor hearing loss and some cognitive problems. He underwent an initial craniotomy af- ter the injury and seven (7) months later, a cranioplasty for the repair of his skull defect and implantation of a custom manufactured cranial flap. Medical bills totaled $95,000.00 and future lost wages were calculated at $596,218.00. Plain- tiff essentially made a full recovery.
Plaintiff ’s Expert(s): Saied Jamshidi, M.D. (Neurosurgeon) Oxon Hill, MD; Rocco A. Armonda, MAJ, MC (Neuro- surgeon); Kevin P. Mulligan, Lt. Col., USAF (Neuropsychiatrist); Richard Strauss, M.ED, CRC (Vocational Reha- bilitation Consultant) Oakton, VA; Richard B. Edelman, Ph.D., (Economist) Bethesda, MD
Defense Expert(s): Defendant used no experts; no IME requested
Verdict/Settlement: Settled for policy limits of $500,000.00 after sending of “bad faith” letter to defendant’s carrier.
Adjustor: Paul Liberty
Insurance Company: Pawtucket Mutual Insurance, Pawtucket, Rhode Island
Plaintiff ’s Counsel: Steven M. Cooper (MTLA member) Steven M. Cooper, Chartered, Silver Spring, MD
________
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
(Continued on page 58) Summer 2002
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