THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY, MARYLAND

NATASHA BEVENS

                      - Plaintiff

v

SEA SYSTEMS

- Defendant

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         CASE NO. 0702-0000000-2011
 

Sample Pretrial Statement

      Plaintiff, Natasha Bevens, by and through her attorneys, Laura G. Zois and Miller & Zois, LLC, offers this Honorable Court Plaintiff’s Pretrial Statement in the above-referenced matter.

STATEMENT OF THE FACTS

Post Script in this Case

Ron Miller and Laura Zois tried this case in 2011 in Baltimore City. The jury awarded over $500,000 which was a good verdict in a difficult premises liability case where contributory negligence was a big issue. Still, it was a few hundred thousand less than we were seeking in the case.

Plaintiff Bevens was employed as a building service worker at Holabird Middle School.  She was working the night shift and during the morning hours of October 27, 2007 the school lost power, the lights went out, and an alarm began to sound.  Plaintiff Bevens called her supervisor and was directed to the electrical room to silence the alarm.  As she entered into the electrical room it was dark.   As Plaintiff Bevens started to cross over the floor of the electrical room and walked towards the alarm panel,  she fell into an uncovered hole of the floor. 

Defendant Sea Systems, Inc. was working in the electrical room the day before Plaintiff Bevens’s fall and failed to cover a hole in the floor.  Defendant Sea Systems, Inc. was negligent for failing to properly secure the floor of the electrical room. 

Plaintiff Bevens suffered from serious and permanent injuries.  She suffered from a complex open right ankle fracture, and dislocation which required surgery with hardware.  She has permanent nerve damage to her ankle and foot which will require her to be on pain management for the rest of her life.  Plaintiff Bevens is 38-years-old and has a life expectancy of 43.6 years.   

COUNTERCLAIMS, CROSS-CLAIMS, THIRD-PARTY CLAIMS

None.

AMENDMENTS REQUIRED OF THE PLEADINGS:

None.

SIMPLIFICATIONS OR LIMITATIONS OF ISSUES

Plaintiff has served the Defendant with Requests for Admissions which could simplify some of the issues in the case, however, Defendant has not yet responded to the Requests. 

ITEMIZATION OF DAMAGES

Plaintiff claims the following special damages to date:

JHU Bayview Medical Center 

$23,143.23

Lifestar Response of Maryland

$374.00

All About Home Care

$720.00

JHU Bayview Medical Center 

$33,621.45

JHU Physicians 

$16,920.95

KCI USA, Inc.

$4,086.00

HomeCall, Inc.

$919.00

LabCorp

$153.00

JHU Bayview Medical Center 

$21,098.92

JHU Physicians

$8,661.20

Robert Kissing, M.D.

$11,158.00

Concentra Medical Center

$306.27

Rehab at Work 

$12,059.00

First Rehabilitation Resources

$11,096.94

Prescriptions:

 

Walgreen's

$2,748.42

Drug City

$8,653.38

Injured Workers Pharmacy

$5,319.78

TOTAL MEDICAL BILLS TO DATE

$151,039.54

Past Lost Wages

$162,576.80 

Future Medical Expenses

$269,459.77

TOTAL ECONOMIC DAMAGES

$593,076.11

 

Plaintiff reserves the right to make a claim for non-economic damages for pain and suffering incurred in the past, and pain and suffering that is reasonably expected to be incurred into the future.   Plaintiff also intends to present evidence of the need for future medical treatment including, but not limited to, pain management office visits 3 times per year, and orthopaedic consults at least once per year.  Additionally, she must maintain her current medication regime including Fentanyl patches every three days, Endocet three times a day, Pregabalin twice a day, and Quinine once a day.  Her annual medical expenses per year are $6,180.27 and her future medical expenses, based on her life expectancy of 43.6 more years, total $269,459.77. 

LIST OF DOCUMENTS AND RECORDS TO BE INTRODUCED INTO EVIDENCE:
  1. Medical Records and Bills of the Plaintiff;
  2. A Summary of Plaintiff’s Medical Specials;
  3. Defendant Sea System’s Answers to Interrogatories;
  4. Incident Report;
  5. Deposition Transcript of Witness Warren Bright; 
  6. Deposition Transcript of Witness John Damron;
  7. Deposition Transcript of Witness Mark Robinson;
  8. Deposition Transcript of Andrew Kinman; 
  9. Deposition Transcript of Averell Reinhart;
  10. Deposition Transcript of Scott Snyder;
  11. Photographs of the area where the incident took place;  
  12. Demonstrative video of the Plaintiff’s surgical procedure;
  13. Demonstrative anatomical exhibits of Plaintiff’s ankle;
  14. Radiological Imaging of Plaintiff’s ankle;
  15. Life table of the Plaintiff;
  16. Documents produced by Defendant;
  17. Relevant portions of authoritative sources relied up by experts;
  18. Diagram of the electrical room; and
Deposition Exhibits

Plaintiff reserves the right to introduce any documents exchanged during the course of discovery that are not specifically identified above.

PLAINTIFF’S LIST OF NON EXPERT WITNESSES: 
    1. Plaintiff, Rachel Bevens;
    2. Defendant, Sea System’s Inc corporate representative;
    3. Witness, Mark Robinson;
    4. Witness, John Damon;
    5. Witness, John Dunst;
    6. Defendant Employee, Andrew Linman;
    7. Defendant Employee, Averell Meinhart;
    8. Defendant Employee, Steve Snyder;
    9. Margaret Bevens;
    10. Dennis Bevens;
    11. Barbara Williams;
    12. Mary Wood.

Plaintiff reserves the right to call any witnesses identified by either party during the course of discovery not listed above.

PLAINTIFF’S LIST OF EXPERT WITNESSES
  1. Dr. LeBron Wade, Johns Hopkins Bayview Medical Center, 4940 Eastern Avenue, Baltimore, Maryland 21124, is an expert in the field of emergency medicine and general surgery and orthopaedic surgery;
  2. Dr. Kobe Gasol, John Hopkins Bayview Medical Center, 4940 Eastern Avenue, Baltimore, Maryland 21224, is an expert in the field of general medicine, rehabilitation, and pain management; and
  3. Kevin Westbrook, CSP, P.E., SPA, inc., 203 West 11th Avenue, Baltimore, Maryland 21225, 410-789-5858, is an expert in the field of Workplace Safety and Human Factors. 

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Respectfully submitted,


MILLER & ZOIS, LLC

 

                                                                       
Laura G. Zois
7310 Ritchie Highway, Suite 1001
Glen Burnie, Maryland   21061
(410)553-6000
Attorney for the Plaintiff

Certificate of Service


I, Laura G. Zois, do hereby certify that I a copy of Plaintiff’s foregoing Pretrial Statement was hand delivered on this   17th  day of July, 2011, to:

Franklin & Prokopik

Two North Charles Street, Suite 600

Baltimore, Maryland 21201

Attorneys for Defendant

 

                                                                       
Laura G. Zois

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