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Passenger argued that driver’s speed led to crash with pole
Prince George’s County
Prince George’s County, Circuit Court
leg-fracture (fracture, femur), leg (fracture, femur);
knee-knee contusion; chest-bruise; other-soft tissue; other-physical therapy; epidermis-contusion; face/nose-face (face, bruise); surgeries/treatment-open reduction; surgeries/treatment-internal fixation
Motor Vehicle – Speeding, Passenger, Single Vehicle
Kimberly Martinez v. Armando Martinez Castillo,
July 20, 2018
Kimberly Martinez (Female, 31 Years)
Nelson I. Burgos;
Burgos & Burgos;
Armando Martinez Castillo
Armando Martinez Castillo
Maryland Auto Insurance Fund
On Jan. 13, 2013, plaintiff Kimberly Martinez, 31, a restaurant employee and construction worker, was a passenger in a vehicle driven by Armando Martinez Castillo. Castillo was exiting Kenilworth Avenue in Prince George’s County when he lost control of his vehicle and struck a pole. Martinez claimed a proximal femur fracture and body contusions. Martinez sued Castillo, alleging that Castillo was negligent in the operation of a motor vehicle. Martinez alleged that Castillo was driving too fast for conditions. She also argued that Castillo failed to maintain proper control of his vehicle. Castillo did not respond to the summons and did not appear for trial. The court entered a default judgment for Martinez on the issue of liability and the case proceeded to a bench hearing on damages.
Martinez suffered a proximal femur fracture at the hip, which required open reduction with internal fixation. She also claimed serious contusions of the chest, face and knee. Martinez underwent physical therapy for her leg fracture. She claimed a residual limp, the inability to walk long distances or stand for long periods of time, the need for pain medication and the inability to work her second job. Martinez claimed $33,522 in past medicals and $9,900 in past lost wages. She also sought damages for future lost wages and permanent pain and suffering.
The court determined that Martinez’s medicals were fair, reasonable and causally related to the subject motor vehicle accident. The court awarded damages totaling $350,000.
Robin D. Gill Bright
Plaintiff’s counsel is seeking recovery of Castillo’s coverage limit, $25,000.
This report is based on information that was provided by plaintiff’s counsel. Castillo was not asked to contribute.