between the curb and the bus tire and front bumper. The injuries which ap- peared to be a type of fracture were treated conservatively with a casting and recast- ing for several months and finally referred for consultation and possible surgical in- tervention. She underwent two surgical operations for the injuries to her foot and implantation of screw and grafting of ten- don transfer to Achilles area and follow-up surgery for screw removal. The bills were in excess of $54,000 and the permanent disability rating from the defendants doctor was for a 15% perma- nency. Plaintiff was left now requiring to walk with a cane and scarring to her foot in several areas. Defendant had bus driver sit at counsel table for 2 plus days but failed to call anyone live and only called Robert O. Gordon via video deposition. The jury did not have any problem with liability and were most attentive through- out. The verdict came after about two hours of deliberation and for an amount which was in excess of Nine Million dol- lars. The defense polled the jury and the jury was released from their service. Post trial motions have just begun.
Jury of
eight females with the bus driver and the victim-plaintiff were also female, age 57 at time of injury.
Allegations: See above: Reasonable standard of bus passenger owed
Injuries/Damages: over $54,000 in spe- cials but only $54,000 entered
Expert Witness: Plaintiff: Richard Meyer, M.D. ortho— Silver Spring MD
Defense: Robert O. Gordon, now based out of Landover, MD and Ballston, VA
Verdict: Over nine ($9) million dollars
Special Remarks: Jury was extremely at- tentive and watched all of proceedings with interest and sensitivity. They were not emotional or angry just committed to doing their duty and compensating a woman whose life was ruined by this in- sensitivity and negligence.
Plaintiff Counsel: Joel DuBoff MTLA Member; DuBoff & Associates, Chartered
Defense Counsel: Vincent Jankoski ______
Deidre Richardson vs. Allstate Insurance Company
Court/Docket No.: CAL-0208978 In the Circuit Court for Prince George’s County
Adjuster: Ann Melvin
Insurance Company: Allstate Insurance Company
Facts: On April 15, Plaintiff, a 22 year old college student, was rear-ended by an uninsured motorist while she was home visiting her parents. The force of the im- pact pushed her into the vehicle in front of her. Plaintiff’s 1983 Volvo was declared a total loss and auto suffered SIGNIFI- CANT rear damage.
Allegations: Prior to trial, Defendant Allstate stipulated that the tort-feasor was an uninsured motorist, and that the neg- ligence of the tort-feasor caused this occurrence. Accordingly, the only issue for the jury was one of damages.
Injuries/Damages: As a result of this oc- currence, Plaintiff suffered a bruised knee, a bump/bruise on the forehead, a cut lip, and soft tissue injuries to her neck, mid back, and lower back.
Medical expenses are itemized as follows: Doctor’s ER Physician (ER) .... $180.00 Doctor’s Community Hospital (ER)...................................... $136.76
Dr. Colao............................. $2,335.00 Radiology Imaging (thoracic MRI)................... $1,056.00
Note: Plaintiff received approximately one month of active PT (8 PT treatments following the accident). At that time, Plaintiff was discharged from the doctor’s care. Plaintiff returned to the doctor six months later with continued complaints of pain at which time a thoracic MRI was ordered (which was normal). Plaintiff then returned to the doctor six months later with continued complaints. No treatment was ordered, and there were no objective findings in the doctor’s report.
Expert Witness: Plaintiff: Dr. Colao’s medical bills and re- ports were submitted pursuant to 10-104. Accordingly, no experts were called to tes- tify.
Defense: None Settlement: N/A
Spring 2003 Trial Reporter
Past Medical Expenses: $ 3,727.72 Non Economic Damages: $16,400.00 Total Verdict: $20,127.72
Special Remarks: 1. This case was initially filed in the dis- trict court for $25,000.00. Defendant filed a jury trial prayer and removed this case to the circuit court.
2. Defendant made a pre-trial motion (which was granted) to preclude any men- tion of Allstate Insurance Company. Judge Thomas Smith granted the motion and allowed the case to proceed with De- fendant Allstate assuming the name of the uninsured tortfeasor.
3. Last offer before trial was $8,000.00. Last demand was $12,000.00.
Plaintiff ’s Counsel: Stephanie K. Kaplan (MTLA member), Law Offices of Stephanie K. Kaplan
Defense Counsel: Andreeze Hudson ______
Thomas Harold Johnson, Individually and Thomas Harold Johnson and Catherine Jean Johnson, as Husband and Wife and Luis Santiago, Individually, and Luis Santiago and Martha Santiago, as Husband and Wife, Plaintiffs v. Stephen John James, De- fendant
Court: Circuit Court for Calvert County, Maryland
Docket Number: 04-C-00-602
Facts: On September 11, 1999, Thomas Harold Johnson was traveling east on Flag Harbor Boulevard near its intersection with Bayview Drive and Valley Drive in Calvert County, Maryland. Luis Santiago was a passenger in his vehicle. Stephen John James was traveling on Bayview Drive near its intersections with Flag Harbor Boulevard and Valley Drive. Stephen John James failed to obey a stop sign on Bayview Drive and collided into the driver’s side of the vehicle being oper- ated by Thomas Harold Johnson. Mr. Johnson and Mr. Santiago were ejected from the vehicle. At the time of the acci- dent, Mr. James was operating a rental vehicle from The Hertz Corporation and
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