Following a two week jury trial, F&P principal Andrew T. Stephenson secured a defense verdict after three (3) years of contentious litigation in the case of Gell, Thomas (Deceased), et al. v. Pitt-Ohio, et al. in the Circuit Court for Baltimore County, case number 03C15003282 MT. The case arose out of a March 30, 2012 motor vehicle accident in which Thomas Gell (“Decedent”) sustained injuries that ultimately resulted in his death five (5) years after the subject accident.
F&P was retained immediately following the subject accident as part of the emergency response to catastrophic loss services offered to clients, to investigate the accident and preserve all relevant evidence in anticipation of litigation. The facts surrounding the subject accident revealed that F&P’s client, a driver of a tractor trailer, was parked in the right hand lane of a two (2) lane roadway with his hazard lights activated. Decedent, a 64 year old male salesman, was attempting to make a right turn out of a parking lot perpendicular to the roadway on which the tractor trailer was parked. Decedent’s view of oncoming traffic was obstructed. While attempting to make a right turn into the left of the two (2) travel lanes, Decedent was struck by an oncoming box truck, sustaining serious injuries.
Following the subject accident, Decedent was in a coma, underwent numerous surgeries, sustained scores of fractures, and a traumatic brain injury. Decedent allegedly died as a result of the injuries sustained in the subject accident after five (5) years of treatment.
Decedent’s Estate and eligible beneficiaries sought damages in the total amount of $4,136,735, which included the Estate’s past medical expenses in the amount of $1,390,667, past lost wages in the amount of $858,568, non-economic damages on the part of the Decedent’s Estate in the amount of the applicable statutory cap of $755,000.00, and the Decedent’s eligible beneficiaries’ noneconomic damages claim in the amount of the applicable statutory cap of $1,132,500.
Due to F&P’s response immediately following the subject accident, we were able to obtain and preserve pertinent evidence related to vehicle location and positioning and witness testimony that was critical in securing a defense jury verdict and a finding of no primary liability on the part of our insured driver.
