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Philadelphia Harley Davidson motorcyclist receives $200,000 jury settlement in Maryland court for damages after colliding with a hand truck that fell from a passing delivery truck that landed in his lane.
Friday, August 28, 2009 Richard Stoler, a father of two, was biking from a family home in Chesapeake City to check on his boat at a local marina. He was traveling about 45 miles per hour on Route 213 in Cecil County when he approached the delivery truck driven by Larry P. Copper, who was delivering candy, cigarettes and other commodities to area convenience stores, Turney said. Stoler "saw the truck coming at him and then, all of a sudden, the hand truck popped out in front of him.
Stoler claimed hundreds of thousands of dollars in medical bills, time missed from work as a general contractor and loss of consortium. The defense's final settlement offer was $300,000. A clause in the high-low agreement precludes an appeal. Stoler, now a real estate agent, suffered injuries along his left side and ended up having surgery on that bicep, according to Turney. The motorcycle was damaged but not totaled. During a four-day trial last month in Baltimore City Circuit Court, Turney called Stoler, his wife, Martha, Copper, and Mr. Stoler's accountant to the stand. He also played testimony from two medical experts, a vocational rehabilitation expert and an economist. Stoler will receive $200,000 in damages for the accident. But that's only because a Baltimore jury's verdict of $119,000 was superseded by an $800,000-$200,000 high-low agreement his attorney hatched with the attorney for the defendant company, Baltimore-based George J. Falter Company, Inc., before trial. source: Story by Brendan Kearney - Daily Record - The Baltimore http://findarticles.com/p/articles/mi_qn4183/is_20090831/ai_n35573124

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