Donald Berry v. State Farm Insurance Company

Maria Katherine Patterson

Case Conclusion Date:May 31, 2012

Practice Area:Personal Injury

Outcome:$178,480.40 verdict for the Plaintiff, Donald Berry

Description:Donald Berry v. State Farm Insurance Company, Prince George's County Circuit Court. The accident occurred in Upper Marlboro, where a man pumping gas was struck by a car. The driver of the car was involved in a car accident on Route 301 and lost control of her van before hitting the plaintiff. The client had a knee surgery and his insurance company, State Farm, refused to tender $50,000 of available underinsured motorist coverage. Shortly before trial, State Farm offered $15,000 to settle the case. The 3 day jury trial resulted in an award of all of the client's medical bills, lost wages, plus $150,000 in pain and suffering. Maria Patterson cross-examined the orthopedeic surgeon hired by State Farm, Richard Wells, M.D. Dr. Wells explained to the jury that the knee surgery performed on the client was unrelated to the impact that broke his leg, just below the knee surgery site. Instead, Dr. Wells relied on pre-existing complaints of knee pain to claim that the knee surgery was the result of pre-existing degenerative changes. The verdict award suggests that Dr. Wells' allegations, among others, werre rejected.

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