Banks v. Madden

Case Name: Banks v. Madden
Venue: Circuit Court for Anne Arundel County
Case #: C-02-CV-16-002679
Defense Counsel: Ted Staples
Plaintiff’s Counsel Shaketta Denson

Demand: $200,000
Offer: $15,000

Damages: ZERO

In mid-November, 2017, Ted Staples tried the above case to verdict before an Anne Arundel County jury. Mr. Staples conceded liability (as the defendant driver rear ended the plaintiff’s vehicle) and the case was tried on damages only. The jury obviously found for the plaintiff on liability but awarded ZERO dollars because the jury was not convinced this very minor property damage accident (less than $800 to the plaintiff’s vehicle) could have resulted in over $70,000 worth of medical expenses. In  typical ChasenBoscolo (plaintiff’s attorney’s Firm) strategy-they decided not to enter the medical bills into evidence (the “reptile” theory) and try to convince the jury that the defendant was a “bad” guy and a “danger” on the roads.

The jury did not buy this nonsense, especially in view of the plaintiff’s of the plaintiff’s 20+ year history of accidents, worker’s comp claims, prior injuries, and overall lack of credibility. In addition, the plaintiff did not present well and wilted under cross examination. Interestingly, the plaintiff’s Firm’s expert (Dr. Joel Fechter-a well known plaintiff’s doctor) AGREED w/ the defendant’s expert (Dr. Richard Wells) that 6-12 weeks of treatment would be “reasonable” for this low impact accident (despite Ms. Denson repeatedly referring to it as a “crash”-there have been bigger “crashes” at an amusement park bumper car ride!). However, since the jury had no medical bills to consider, they weren’t able to evaluate any type of monetary damages.

Overall, the reptile theory slithered away and the defense scored a huge win. Chalk another one up for the good guys!