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Passenger argued that driver’s speed led to crash with pole

Amount:

$350,000

Type:

Decision-Plaintiff

State:

Maryland

Venue:

Prince George’s County

Court:

Prince George’s County, Circuit Court

Injury Type(s):

hip-fracture, hip;
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

Case Type:

Motor Vehicle – Speeding, Passenger, Single Vehicle

Case Name:

Kimberly Martinez v. Armando Martinez Castillo,
No. CAL16-01033

Date:

July 20, 2018

Parties

Plaintiff(s):

Kimberly Martinez (Female, 31 Years)

Plaintiff Attorney(s):

Nelson I. Burgos;
Burgos & Burgos;
Silver Spring,
DC,
for
Kimberly Martinez

Defendant(s):

Armando Martinez Castillo

Defense Attorney(s):

None reported;
for
Armando Martinez Castillo

Insurer(s):

Maryland Auto Insurance Fund

Facts:

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.

Injury:

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.

Result:

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.

Trial Information:

Judge:

Robin D. Gill Bright

Post Trial:

Plaintiff’s counsel is seeking recovery of Castillo’s coverage limit, $25,000.

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Castillo was not asked to contribute.