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Sharon Harley v. Adrienne West, Allstate Insurance Co. and Darvish Construction Co.

Court: Circuit Court for Prince George's County

Case Number: CAL95-18421

Proceedings: Jury Verdict

Judge: The Honorable Robert H. Mason

Outcome: Jury verdict

Incident Date: N/A

Filing Date: N/A

Disposition Date: N/A

Plaintiff: Sharon Harley

Plaintiff Attorney: Richard L. Jaklitsch

Defendant: Adrienne West, Allstate Insurance Co. and Darvish Construction Co.

Defense Attorney: Howard W. Simcox, Jr (Darvish Construction Co.)
John D. Holler (Allstate Insurance Co.)

Injury Claimed: Neck and back

Description of Injury: Disc protrusion at L3-L4 and L5 in back, bulging disc at L3-L4, C5-C6 and C7-T1 in neck and back and bilateral carpal tunnel syndrome resulting in 24% permanent complete disability.

Amount Sought: $25,846 in medical specials and $19,002 in lost income

Settlement Offer: N/A

Award: $140,000 against Allstate and defense verdict as to Darvish Construction Co.

Location of Incident: Capital Beltway

Case Information: Plaintiff was driving on the Beltway. An aluminum ladder fell off an unidentified blue pickup truck. As traffic slowed due to the ladder in the road, Defendant West rear-ended plaintiff's vehicle. Police arrived and observed a dark blue truck owned by Defendant Darvish Construction Co. parked on the side of the road. They conducted an investigation and concluded that the ladder had fallen from the Darvish truck based on metal shavings found in the bed of the truck. Defendant Allstate was plaintiff's uninsured motorist carrier.

Plaintiff alleged that defendant company was negligent in failing to properly secure the ladder or, in the alternative, an unidentified truck dropped the ladder in the road.

Defendant company contended that the ladder fell from an unidentified truck. Defendant insurer contended that the ladder came from defendant company's truck.  Both defendants contended that plaintiff's injuries were preexisting.

Defendant driver settled with plaintiff for an undisclosed amount prior to trial. Per plaintiff's counsel, witnesses claimed that the truck which dropper the ladder was totally different that defendant company's truck. This testimony significantly impacted the outcome as to liability.

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