Torn Rotator Cuff Auto Collision Case

Arbitration Award: $ 181,000.00

Case Name
“Smith” v. “Pest Control Company”

Court and Presiding Judge
Circuit Court for Frederick County, Maryland
The Honorable Irma S. Raker

Facts and Damages
Mr. Smith was driving on the main thoroughfare, and had to go around traffic that had slowed to a stop. One employee from Pest Control Company who was not in a vehicle, waved another employee of Pest Control Company, who was driving a company vehicle out into traffic, failing to give proper lookout, thus not seeing Mr. Smith. The company vehicle pulled out in front of Mr. Smith causing an extremely violent collision which sent both vehicles off of the road and onto the grassy shoulder. Numerous employees of Pest Control Company blamed Mr. Smith for driving too fast. They proceeded to yell at Mr. Smith who exited his vehicle in immense pain due to a shoulder injury.

Thus, from the very beginning, this case presented an issue with regard to liability because numerous eyewitnesses all supported each other and were “against” Mr. Smith who was in his vehicle alone. Luckily, Campen & Manganaro knew the appropriate law in this case was the Boulevard Rule. The Boulevard Rule states no vehicle is allowed to proceed into traffic on the main thoroughfare without giving full time and attention to oncoming traffic. Speed does not factor into that rule as long as the driving of the Pest Control Company vehicle had an opportunity to see Mr. Smith.

Mr. Smith, who was an avid sports player in his youth, already had been seeing a pain specialist for his neck and back for years. This pain was exacerbated by the collision. But most importantly, and what made the case even more complicated, Mr. Smith had undergone a right rotator cuff surgery in his youth, and even had right shoulder pain prior to the collision. He had healed from that surgery but had ongoing intermittent pain in that shoulder, even going so far as to have an MRI about a month prior to the collisoin. During this collision, when he held onto the steering wheel, attempting to avoid the crash, he tore his right rotator cuff. This caused him to need an additional surgery. These are extremely hard facts, as a jury could easily assume since he had the MRI immediately prior the collision, he was already in pain and therefore may have needed surgery anyway. Campen & Manganaro had to dive deep into the medical records and draw very specific attention to the surgical report and compare the MRI prior to the crash to the MRI after the crash, showing there was no previous tear.

Arbitration Award of $181,000 for medical payments and pain and suffering

Pretrial Settlement Offers
$25,000.00

Special Remarks
Campen & Manganaro made a strategic decision to only address medical bills and pain and suffering as it pertained to the left shoulder injury. While there were bills and pain and suffering associated with the neck and back, we felt it would be far to complicated and seem like over-reaching to a jury.
After a long discovery process, including Interrogatories, Requests for Production of Document, and Depositions, opposing counsel suggested arbitration and Campen & Manganaro were very grateful for this. We feel it would have been exceptionally difficult for a jury to understand the complicated medical issues in this case and pay attention to the details. But Judge Raker is exceptionally smart and gave this case much time and thought. Our client was very happy and pleasantly surprised by the outcome.