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Karla Davis v. William J. Herbert

Court: Prince George's County Circuit Court

Case Number: CAL 99-14824

Proceedings: Jury Trial

Judge: The Honorable Judge Lombardi

Outcome: Jury returned plaintiff verdict

Incident Date: October 16, 1997

Filing Date: February 19, 1999

Disposition Date: February 7, 2001

Plaintiff: Karla Davis

Plaintiff Attorney: Richard L. Jaklitsch (Law Office of Richard L. Jaklitsch)

Defendant: William J. Herbert

Defense Attorney: J. Charles Szczesny (Budow and Noble)

Injury Claimed: Neck and back

Description of Injury: Headaches, jaw, neck, shoulder, back, both arms and abdomen 

Amount Sought: Last Demand - $20,000

Settlement Offered: Pre-Trial - $5,000; Trial - $12,000

Award: $38,593.61

Location of incident: Deale, Maryland

Case Information: Defendant made a left turn across the path of Plaintiff causing the accident.  Defendant admitted liability and tried the case on damages.  Defense took issue with the approximately $6,000 in bills, mostly chiropractic care which occurred months after Plaintiff had discontinued treatment with an orthopedic doctor.  The jury awarded $3,203.61 in medical expenses, $4,550 in lost wages and $30,840 in pain and suffering, for a total damage award of $38,593.61.  Defendant had offered $5,000 before trial, and $12,000 once the trial had begun.  Plaintiff wanted $20,000 to settle.

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