F&P Attorneys Score Jury Trial Victory for High Profile Client

F&P Attorneys Mike Bennett and Sam Schilling recently came out victorious after a three-day jury trial in the Circuit Court for Baltimore City. Mike and Sam represented a local restoration company that works on historic landmarks and buildings such as the Lincoln Memorial, Martin Luther King, Jr. Memorial, Naval Academy, and Washington National Cathedral. The stakes were high since the client relies on their experience modification rating (“EMR”)* to secure their work on these projects. Although numerous attempts were made to settle the matter prior to trial, the Claimant had no interest in settlement and demanded to move forward with the trial.

The jury was tasked with deciding the Claimant’s permanent partial disability following a fall from a ladder that resulted in a dislocated elbow. The defense ramped up with discovery efforts after it was apparent that trial was imminent, including deposing multiple fact witnesses for the Claimant and identifying the best-suited witnesses of their own. This preparation was paramount in securing victory at trial, as the defense introduced testimony from employer witnesses that directly contradicted the Claimant’s alleged physical limitations.

The jury heard from a total of eight witnesses over the three-day trial, and deliberated for over two hours before affirming the Commission’s decision that the Claimant has a 16% permanent partial disability to the arm. This victory not only resulted in the Claimant receiving no additional benefits but also stabilized the company’s EMR, allowing them to continue working on high-profile projects across the Washington, D.C., and Baltimore area.

*An EMR is a risk assessment tool used to evaluate a company’s safety performance, which can fluctuate depending on the amount spent on a claim.