Deal Caps Head-on Crash Verdict at $300,000

By Brendan Kearney

A Baltimore jury awarded $327,000 to four family members involved in a June 2005 head-on collision, but the verdict was reduced to the driver's father's insurance policy limits of $300,000 in keeping with the terms of a pretrial deal.

Judith Smulson, who is serving a 1 1/2 year prison term in the Baltimore County Detention Center for robbery, initially denied she had drifted across the double yellow lines separating traffic on Reisterstown Road and crashed into a car driven by Wanda D. Thomas and containing Thomas' aunt and two cousins.

But in order to downplay questions about her history of drug abuse and the possibility that she was in an altered state at the time of the accident, Smulson and her father, Marvin Album, admitted liability and permitted the plaintiffs' medical records into evidence without testimony from doctors. In exchange, the plaintiffs agreed to cap the damages at policy limits.

"The jury didn't know about that. If they knew ... they'd be really irritated that we wasted their time," said Anne K. Howard, of Budow & Noble P.C., who represented Smulson and Album, a Baltimore resident.

After a two-day trial in Baltimore City Circuit Court in front of Judge Carol E. Smith, the jury awarded Thomas and her passengers -- Marion Puller, Bonita Smith and Leonard Smith -- their medical expenses and damages for pain and suffering.

Rhonda I. Framm, who represented the plaintiffs, said she struck the bargain to "streamline" the trial and spare jurors the task of listening to "boring doctors for three days."

"It's sort of like kissing one's sister when they concede liability," said Framm, an Owings Mills solo practitioner. "They've already apologized, so all of the thunder is gone."

Puller, 71, had been visiting Thomas in Baltimore with her son Leonard, 53, whom she lives with in Largo, and her daughter Bonita, 46, of Laurel. The women were on their way to drop Leonard at an uncle's house before an afternoon of thrift-store shopping on that summer Saturday when the accident happened.

According to Howard, both midsized sedans were traveling about the speed limit and "were crushed pretty good."

Puller, whose right ribs were fractured, and Bonita Smith were taken to the University of Maryland R Adams Cowley Shock Trauma Center, where Puller stayed for three days. Thomas, 57, and Leonard Smith were treated at Sinai Hospital for neck and back injuries.

Thomas missed two months of work at the Rosewood Center, the state-run facility for the developmentally disabled that will close next year. Both Leonard and Bonita Smith receive Social Security disability benefits and do not work, while Puller is retired.

By August 2005, all four plaintiffs' medical issues had resolved, according to the medical records.

"These plaintiffs had very, very serious injuries, but they got better very quickly," Howard said.

The plaintiffs filed suit on Dec. 16, 2005, alleging negligence on behalf of Smulson and Album, for allowing his troubled daughter to drive.

A default judgment was entered and vacated, a defense counterclaim was filed and withdrawn, and the deal was struck that guaranteed payment of the verdict but insulated the defendants from uninsured damages, all before the parties went to trial April 21.

But in her opening statement, Howard mistakenly mentioned Thomas had previously been treated at Multi-Specialty Health Care for a worker's compensation claim, and Judge Smith declared a mistrial.

The next day, a new jury was charged simply with determining the plaintiffs' damages, and they returned their decision on the afternoon of April 23.

Album appeared at trial but left after falling ill, and Smulson, who was incarcerated at the time, never came to court, Howard said, referring to her client's poor physical state.

Framm asked the jury for $1 million for each plaintiff in her closing argument, said Howard. After the pro rata reduction, Thomas will receive $91,474, Puller will receive $89,876, Bonita Smith will receive $75,716 and Leonard Smith, $42,932.

Howard said while the payout is "significant," she's not disappointed with it given the injuries and the bargain she made. Framm said the result means her clients will receive full payment faster than if there were a portion of the award not covered by State Farm Mutual Automobile Insurance Co., but that it does not make them whole.

"They're not pleased with the result," Framm said. "This was a very horrible, scary event for them."

Wanda D. Thomas, et al v. Judith Smulson, et al

Court: Baltimore City Circuit Court

Case No: 24-C-05-011324

Proceedings: Jury trial

Judge: Carol E. Smith

Outcome: Plaintiffs

Dates: Incident: June 11, 2005; Suit filed: Dec. 16, 2005; Disposition: April 23, 2008

Plaintiffs' Attorneys: Rhonda I. Framm of The Law Office of Rhonda I. Framm

Defense Attorneys: Anne K. Howard of Budow & Noble P.C.

Injuries: broken ribs, neck, back, lower leg injuries

Award: $300,000 collectively

Originally published by Brendan Kearney.

(c) 2008 The Daily Record (Baltimore). Provided by ProQuest Information and Learning. All rights Reserved.

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