Recent Verdicts and Settlements (Continued from page 59)
claimed the stop sign was obscured by vegetation.
Allegations of Liability: Plaintiff: The Defendant, Stephen John James, failed to obey a stop sign.
Defendant: The Defendant, Stephen John James admitted to running the stop sign. However, he claimed it was partially ob- scured by vegetation.
Damages or Injuries: Thomas Harold Johnson Mr. Johnson sustained multiple trauma including a subarachnoid hemorrhage, bilateral pneumothorax, lung laceration, ruptured spleen, fractured left clavicle, and fractured C7 lamina on the right side. Mr. Johnson underwent an emergency splenectomy and was unconscious for two and one-half (2 1/2) weeks. Mr. Johnson also sustained a severe closed head injury. Mr. Johnson was hospitalized in various hospitals for sixty-one (61) days follow- ing the accident. After being released from the hospital, he had a hernia repair op- eration at the location of the former stomach PEG. He continued to have nu- merous physical problems including spontaneous regurgitation, an after-effect of the esophageal tube and tracheotomy. His closed head injury caused permanent loss of portions of his long and short term memory, fatigue, and disorientation. He had little use of his left arm and constant pain in his left shoulder. Mr. Johnson was evaluated by Dr. James Lewis, a neurop- sychologist and was found to suffer from post-traumatic amnesia, severe traumatic brain injury, low grade depression, as well as other neuropsychological disabilities. Dr. Lewis determined that Mr.
Johnson’s injuries from the accident were permanent and irreversible. Mr. Johnson was also evaluated by Dr. Philip Bussey who determined that Mr. Johnson was totally unemployable and will remain that way. Mr. Johnson’s past and future lost wages and loss of earning capacity were calculated by Dr. Joel Morse.
The Johnson’s demand for settlement was as follows: 1. Past medical expenses ... $181,716.01 2. Future medical expenses . $54,000.00 3. Economic loses ............ $408,000.00 4. Loss of consortium....... $100,000.00 5. Other damages............. $560,000.00 Total: ............................ $1,303,716.01
Plaintiff ’s Experts: Emad Al-Banna, M.D., General Practitioner, Prince Frederick, Maryland; James E. Lewis, P.h.D., Neuropsychologist, White Plains, Maryland; Phillip Bussey, Ph.D., CRC, Vocational Rehabilitationist, Lanham, Maryland; Joel Morse, Ph.D., Economist, Baltimore, Maryland
Defendant’s Experts: Dr. Neil Blumberg, Neuropsychiatrist, Timonium, Maryland; Dr. David Schretlen and/or Dr. James Brandt - Neuropsychologist, Baltimore, Maryland; Dr. Richard Retsak - Neurolo- gist, Washington, D.C.; Hal Bronstein - Vocational Rehabilitation Specialist, Timonium, Maryland; Dr. Thomas Borzilleri - Economist, Bethesda, Mary- land; Dr. Bruce Ammerman - Neurosurgeon, Washington, D.C.; Dr. Kevin Hanley - Orthopaedist, Bowie, Maryland
Case Outcome: Thomas Harold Johnson and Catherine Jean Johnson settled their case for $900,000.00. Luis Santiago and Martha Santiago settled their case for $100,000.00. The policy limits were $1,000,000.00.
Stephen John James was a citizen on the United Kingdom and was judgment- proof.
Adjustor: Laura Newman
Insurance Company: Hertz Claims Man- agement Corporation
Plaintiff ’s Counsel: Laurence W.B. Cumberland, Cumberland & Erly, LLC, 475 Main Street, P.O. Box 840, Prince Frederick, Maryland 20678, (410)535- 5300 or (301)855-1414. Attorney for Thomas Harold Johnson and Catherine Jean Johnson
Defense Counsel: Terence J. O’Connell, O’Connell & O’Connell, 401 East Jefferson Street, Suite 204, Rockville, Maryland 20850
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Phillip E. Sheets, III, et al. v. Robert Lynn Warren Massey
Court: Superior Court for the District of Columbia
Docket #: 01 CA 4259
Facts: Plaintiff was forty-two years old at time of accident. He worked for a cem- etery digging graves. On the day of the accident, he was riding in a flat bed truck which was rear ended by the vehicle driven by the Defendant. Minimal property damage to Plaintiff ’s vehicle. Total medi- cal bills were $38,202.57.
Allegations of Liability: see above.
Injuries/Damages: Plaintiff went promptly to E.R. and had conservative treatment for several weeks through his primary care doctor. Plaintiff ceased treat- ment for three months, returned to E.R. and began treating with an orthopaedic surgeon. He was diagnosed with cervical disc disease at C3 - C4, C4 - C5, and un- derwent a cervical discectomy and fusion.
Plaintiff ’s Expert(s): Kenneth R. Lippman, Orthopaedic Surgery
Defense Expert(s): Ronald J. Cohen, Neurological Surgery
Settlement: $185,000, plus additional $25,000 from Workers Compensation carrier to close out Plaintiff ’s case.
Plaintiff ’s Counsel: David F. Albright, Jr./ Peter G. Byrnes, Jr., Bennett & Albright, P.A., Baltimore, MD
Defense Counsel: Ernest Franklin, Jr., Law Offices of Robert Graham Fiore, Annapolis, MD
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Trial Reporter
Spring 2003
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