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Personal: Date of Birth: April 8, 1941 Birthplace: New York, New York Marital Status: Widowed, Three Children Education: J.D. - University of Maryland, 1966 B.S. - University of Maryland, Honors in English Gonzaga High School, Washington, D.C. Legal experience:
Memberships:
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Amputee Wins $5.4 Million in Suit Against Hospital Washington Post, March 16, 2000 Jury Awards 27-Year-Old Man $5.4 Million for Loss of One Leg
Sears Settles Suit in Md. Sex Assault July 19, 1996
Settlements Damages Sought: $24 million. Award: $20.1 million. June 10, 1996
Parents settle lawsuit on motel pool accident Glen Burnie family to receive $20 million for injury to boy, 4. June 5, 1996
Hotel sued after child sucked into pool drain Tragedy seems to follow Gary and Lisa Boulay of Brooklyn. While staying at a Glen Burnie hotel in the aftermath of the fire that destroyed their...
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*The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership.
Admitted to practice before:
Superior Court of District of Columbia
District of Columbia Court of Appeals
United States District Court for District of Columbia
United States District Court for Maryland
United States Court of Appeals for Fourth Circuit
Supreme Court of United States
Maryland State Court of Appeals
Supreme Court of the State of Florida
Co-Author:
Maryland Civil Pattern Jury Instructions, Second, Third & Fourth Editions. Numerous articles on discovery in civil cases, use of demonstrative evidence, interpretation of Maryland Revised Rules of Civil Procedure and trial techniques published by Maryland Institute for Continuing Professional Education of Lawyers, Inc., and MTLA
Contributor - Journal of Criminal Victims
Lecturer:
Lecturer on various topics dealing with conduct of civil trial for Maryland Institute for Continuing Professional Education of Lawyers, Inc., and MTLA
Presenter in "Masters in Trial" program sponsored by the American Board of Trial Advocates in Baltimore, Maryland
Honors:
Chosen for inclusion in Woodward/White "The Best Lawyers in America"
Chosen for inclusion in the Washingtonian magazine "Best Lawyers in the Washington Area"
Member of Million Dollar Advocates Forum
Chosen for inclusion in Martindale-Hubbell Bar Register of Preeminent Lawyers
Legal Times Inclusion in Best Trial Lawyers in Washington Area
Washington Post Sunday Magazine- Recognized as One of D.C. Area Best Lawyers
Chosen by peers for inclusion in Maryland Super Lawyers Magazine (top 5% of Maryland Lawyers
Chosen by peers for inclusion in Baltimore Magazine as one of Maryland Best Lawyers
Chosen by peers for inclusion in D.C. Super Lawyers Magazine (top 5% of D.C. Lawyers)
Selected as a Member of Litigation Counsel of America*
Significant Litigation:
A. B. Smith v. Grey Concrete, 267 Md. 149, 297 A.2d 721 (1972)
First case in Maryland to allow punitive damages in auto tort.
Moran v. Faberge, Inc., 273 Md. 538, 332 A.2d 11 (1975)
First case in Maryland to adopt "zone of danger" relating to duty to warn in product cases.
PEPCO v. Smith, 79 Md. App. 591, 558 A.2d 768, cert. den. (1989)
$7,500,000 judgment establishing new duty or standard of care for public utilities in cases where claimants injured by electricity on utilitys property or right of way. Also held Maryland Cap on non-economic damages constitutional.
Victory Promotions v. Top Rank
Interpreted various provisions of Bout and Promotion Agreement for Leonard-Duran III, including pay per view revenue accounting.
Rose v. Fox Pools
Application of Statute of Repose to suit by quadriplegic against manufacturer.
Cox v. Metpath and Dr. Gerardo Araiza
Case tried to verdict and later settled and sealed before Appeal involving death of 26-year-old female who allegedly could have been salvaged had pap smears been appropriately interpreted and results reported.
Bryan v. Kaiser Permanente, Sun Life and Dimensions
Case settled prior to trial for $1,230,000 involving death of 32-year-old female after giving birth to second child due to failure of doctor to repair lacerated spleen. Issue of purported common law husband's rights in Maryland to sue for death of decedent.
Greenwell v. Metpath, Inc.
Case settled and sealed prior to trial. Novel issue of who proper parties to sue in case where young female diagnosed as terminal but still living (what, if anything, are children and husband entitled to prior to death or is Wrongful Death Action only available after mother dies).
Boulay v. Holiday Inn, et al
Case settled at beginning of trial for $20,100,000. Structure used that will pay plaintiffs over $125,000,000 lifetime. Novel issues dealing with issues of product liability, innkeeper liability and punitive damages.
Anderson v. Marion, et al
Case involved collapse of overhead bridge over Baltimore/Washington Parkway during morning rush hour. Issues included interpretation of conflicting clauses in various contracts among Federal Government and numerous contractors and evaluation of severe closed head injury.
Fairfax Anesthesiology Assoc. v. Bank of Northern Va.
Over $21,000,000 in alleged improper wire transfers and interpretation of UCC Article dealing with wire transfers.
FSLICV v. Abe Pollin
Test case for government suit against Savings & Loan Directors to collect for negligence when S&L went bankrupt.
Wieck v. Ford Motor Company, Inc.
Sudden Acceleration of F150 truck causing plaintiff to be thrown through the windshield and sustain C-2 star burst fracture resulting in loss of all function including breathing from the neck down. Proved that Brake Shift Interlock device which would have prevented this incident was available at Ford at the time of manufacture of truck in question (Ford had in fact put this device on other product lines). Also showed additional cost was only $10.51 per vehicle. Case settled and sealed after 3 weeks of trial as jury was going out to deliberate.
Moore, et al v. Washington Gas Light
Gas company inspected stove and indicated that it could not be repaired and must be replaced but homeowner indicated could not afford to replace it. Gas Company did not take out of service and did not shut off gas to stove. Gas escaped from defective burners into kitchen and ignited, killing one child and severely burning two others. Case settled & sealed after one week of trial. Structured settlement used to ensure welfare of surviving children for the remainder of their lives.
Bland v. Sears Roebuck & Company, et al
Employee of subcontractor for Sears came to home of Plaintiff's mother and raped Plaintiff. Employee had long criminal record and questions of what if any investigation made of employee's background by subcontractor prior to hiring. Case settled with subcontractor be beginning of trial for $500,000. Case against Sears resolved just as jury was returning with verdict.
Vela v. Dr. Lawrence Funt
Defendant was orthodontist who kept Plaintiff in braces for approximately 10 years. Proper treatment was surgery which she had after leaving care of Defendant. Case resolved for $97,500 just prior to trial.
Tyler v. Dimensions Health Care System
Plaintiff admitted to Shock Trauma unit of Prince George's Hospital Center with leg injury. Surgery to relieve a blood clot in the leg was not timely done resulting in Plaintiff having leg amputated at the hip. Defendant contended leg lost not because of delay in relieving blood clot in artery but because of extensive injury to venous system in area of pelvis and left leg. Jury returned a verdict of $5,456,896.
Frazier v. Seven Star Aggregate, Inc.
Plaintiff rear-ended at stop light in LaPlata, Maryland. Suffered fracture of C5-6 resulting in complete quadraplegic. Settled for $6,000,000 less than eight months after incident. Defendant had no assets that could be attached other than insurance policy of $6,000,000. Structure used in settlement that will pay Plaintiff over $12,000,000 over course of life.
Sickinger v. Montgomery General Hospital, et al
Plaintiffs were operated on by same orthopaedic surgeon several hours apart for vertebroplasty procedure (insertion of glue into spinal cord). Glue was inserted too quickly and not properly monitored by x-ray equipment and exited spinal canal into blood stream eventually going to lungs and causing death. Cases were settled for seven figures and file sealed.
Ali v. Dr. McDonough, et al
Plaintiff developed post-partum preeclampsia after birth of her second child and was rehospitalized several days after birth. She was kept overnight and released. Four days later she suffered a stroke and was rushed to the hospital. Significant question of relationship between post-partum preeclampsia and stroke. Case settled prior to trial and sealed with confidentiality provision. Settlement in seven (7) figures.
Domich v. Dr. Moody, et al
Plaintiff developed cancerous saliva gland. She was examined by ENT specialist, general dentist, and oral surgeon all of whom misdiagnosed or failed to diagnose condition. Serious question of stage of cancer at time seen by Defendants. Treating surgeon at Johns Hopkins indicated Stage Four at time he saw and would have been Stage Four even if found by Defendants earlier. Case settled in three parts prior to trial and sealed with confidentiality agreement.
Griffin v. Dr. Shanbhag
Plaintiff was patient at Washington Hospital Center where he had just undergone significant vascular surgery. Taken to operatory to put in main line. During procedure, Defendant failed to maintain airway, and Plaintiff suffocated to death. Case settled before trial and sealed. Vascular surgeon agreed to testify against Defendant and testified in deposition that Defendant caused death.
Spradley v. EmCare, et al
Plaintiff misdiagnosed as suffering from pancreatitis and released. In fact, had suffered ruptured esophagus. Taken to the hospital by ambulance three days later but could not be saved because massive infection that had taken over body. Settled prior to trial and case settled. Settlement in seven (7) figures.
Smith v. 4 Separate Unidentified Health Care Providers
Decedent arrived at hospital bleeding from GI tract. Had previously had radiation treatment for esophageal cancer. Improperly treated by internist, ER, gastroenterologist, and ICU specialist as a result of which decedent bled to death while in hospital ICU!! Settled case with 3 health care providers shortly before trial and tried against remaining health care provider. No minor children and decedent 62 when died. Ultimate recovery exceeded $1,000,000.
Warsaw v. Sulzer
Plaintiff given defective hip appliance during surgery which required repeat surgery and rehabilitation. Plaintiff made part of class action. Ultimate recovery exceeded $200,000 including attorneys’ fees.
Matthews v. GW University, et al
Decedent misdiagnosed at ER and then GW renal clinic. In spite of classic symptoms, neither health care provider found dissecting aorta from which decedent was suffering and which ultimately took his life.
