Maryland Accident Law Blog

In Anne Arundel County, the body of an Arlington man was pulled from the Severn River on Sunday night. Daniel Pemsler, 24, was killed in a boating accident this weekend. Maryland Natural Resources say that Permsler had just let go of a tube he had been riding and was waiting in the water to get picked up by a boat when he was hit and killed by another boat.

Some Safety Tips To Consider When Swimming In A Natural Body Of Water:

- Never swim alone.
- Be aware of broken bottles and trash that may be floating around.
- Always wear a life jacket (helps you stay afloat and makes you more visible to nearby vessels).
- Don’t swim out too far.
- Never pretend to drown.
- Don’t swim too close to piers.
- Leave alcohol-use behind.

Some Statistics About Boating-Related Accidents (provided by the CDC):
- In 2004, the U.S. Coast Guard received reports of 4,904 boating incidents; 3,363 participants were reported injured and 676 dead in boating incidents.
- The number of drownings attributed to boating mishaps declined from 82% in 1990 to 70% (484 out of 676) in 2004. The remaining boating fatalities were due to trauma, hypothermia, carbon monoxide poisoning, or other causes.
- It is estimated that 431 lives could have been saved in 2004 if all boaters had worn life jackets.
- Alcohol involvement was a contributing factor in about one-third of all reported boating deaths.
- Open motorboats (boats of open construction that are specifically built for operating with a motor, including boats canopied or fitted with temporary partial shelters) were involved in 42% of all reported incidents and personal watercraft were involved in another 25%.

If you or someone you know has been involved in a boating-related accident, a personal injury lawyer can tell you whether you are eligible to file a personal injury lawsuit. Contact the personal injury law firm of Lebowitz and Mzhen for more information.

Arlington Man Killed In Boating Accident, WTOP.com, July 24, 2006
Swimming, Kidshealth.org
National Boating Safety, National Center For Injury Prevention and Control

Related Web Resources:
Safety Tips, National Water Safety Program
Maryland Department Of Natural Resources

Maryland State Police are investigating a fatal motorcycle crash that took place last weekend in Oxon Hill. On Sunday night, Cornell Riddick was pronounced dead at the scene after his motorcycle spun out of control and hit a guardrail while he was approaching a ramp from Interstate 295 South onto Highway 210. The passenger riding on the back of his motorcycle survived the crash.

Just the day before, Sandra Lundregan, 62, sustained head injuries, despite wearing a helmet, when she lost control of her bike while driving on Pysell Crosscut Road in Garrett County, Maryland. Lundregan landed in a ditch where she was thrown off her bike. Loose surface on the road is said to have caused the accident.

Some common causes for motorcycle accidents:

- Insufficient riding skills.
- Lack of knowledge about how to operate a motorcycle.
- Failure to take proper safety precautions.
- Failure to drive defensively.
- Failure to follow speed limit.

The National Highway Transportation Safety Administration says that in 2002, motorcyclists fatalities represented 8% of all traffic-related deaths in the United States. A motorcycle-related death or injury caused by another person’s negligence can be grounds for filing a personal injury lawsuit.

TO DO tips when operating a motorcycle on the road:

- Always wear a helmet.
- Read your owner’s manual
- Wear eye protection
- Wear the right shoes, gloves, and clothes
- Know traffic rules and regulations that apply to motorcycle riding
- Obtain your learner’s permit before taking your motorcycle on the road

Fatal Motorcycle Accident In Oxon Hill, Gazette.net, July 24, 2006

Woman Loses Control Of Motorcycle: Suffers Head Injuries From Accident, MSNBC.com, July 23, 2006

Motorcycle Safety, National Highway Transportation Safety

Motorcycle Accident Statistics, WebBike World

Related Web Resources:

2006 Maryland Motorcycle Safety Program

Maryland Motorcycle Roads

Below is a sample document of Notice To Take Deposition Duces Tecum. We filed this on behalf of our client in circuit court. This notice indicates that an expert for the opposing side, in this case a physician, will be deposed by the personal injury law firm of Lebowitz and Mzhen in court. We included a list of documents that the deponent had to bring with him on the day of his deposition:

SCHEDULE OF DOCUMENTS:

1. All cases, by case name, court and case number, in which you have testified for a plaintiff at trial.

2. All cases, by case name, court and case number, in which you have testified for a defendant at trial.

3. All cases, by case name, court and case number, in which you have testified upon oral deposition for a plaintiff.

4. All cases, by case name, court and case number, in which you have testified upon oral deposition for a defendant.

5. All fees, by client, date and amount, which you have received for testifying at trial or deposition for any plaintiff.

6. All fees, by client, date and amount, which you have received for testifying at trial or deposition for any defendant.

7. All fees and cases, by client name, case name, court and case number, not listed in response to paragraphs 1-6 above in connection with which you have received any fee for consultation, advice or other services.

8. All reports, records, notes (handwritten and typed), correspondence, bills, diaries, and materials of any type prepared by you and all records, notes, medical records, correspondence, bills, diaries, legal pleadings, deposition transcripts and materials of any type reviewed by you relating to this case.

9. Your curriculum vitae.

10. All other documents not referred to above upon which you relied in preparing your report in this case.

Download NOTICE TO TAKE DEPOSITION DUCES TECUM document. The names of the deponent have been redacted for purposes of confidentiality.

Here are some benefits that depositions have over other forms of recovery:

1) A deposition allows an attorney to evaluate that person’s ability to be a witness in front of a jury.
2) An attorney gets a chance to pose follow-up questions based on the expert’s testimony.
3) The attorney has the advantage of surprise when questioning the expert from the opposing side.

For more information, contact Lebowitz and Mzhen by email or call 1-888-311-HURT.

In Linthicum Heights last week, Maryland State Police, the Department of Transportation, the Federal Highway Administration, the State Highway Administration, and people from the private sector gathered at the Maritime Institute of Technology to come up with a plan to reduce the number of fatalities, injuries, and motorist crashes that occur on Maryland's highways as a result of vehicle-related accidents.

The Strategic Highway Safety Plan will include initiatives focusing on seven emphasis areas:

1. Prevention of impaired driving
2. Better use of data
3. Engineering improvements and eliminating danger spots on roads
4. Increasing use of seat belts and other safety devices by passengers and drivers
5. Improving driver competency
6. Preventing aggressive driving
7. Improving emergency response systems

614 vehicle-related fatalities took place in Maryland in 2005. In 2004, 651 motorists were killed. The Strategic Highway Safety Plan is due to the Federal Highway Administration by September 30.

Here is a list of 10 common driving mistakes that can lead to accidents, injuries, and death on the road (provided by AAA):

1. Inattention
2. Excessive speed
3. Failure to wear seat belt
4. Distraction inside the vehicle
5. Inadequate defensive driving techniques
6. Incorrect assumptions about other roadway users
7. Tailgating or not leaving enough space between vehicles
8. Driving while fatigued, angry, or impaired by alcohol or other drugs
9. Failure to check blind spot before changing lanes
10. Failure to allow enough time or space to merge, leave, or cross traffic.

If you have witnessed or been involved in a car accident on a freeway (or any other kind of road), consider the following tips that the personal injury law firm of Lebowitz and Mzhen has posted on their website about what to do if you find yourself in a traffic accident.

Campaign To Reduce Highway Deaths Begins, Baltimoresun.com, July 13, 2006

Statewide Campaign Targeting Highway Safety, The Capital.com, July 16, 2006

Traffic Safety, AAA Public Affairs

Related Web Resources:
CarAccidents.com

National Highway Traffic Safety Administration

US Department of Transportation

A Delaware man was arrested for driving under the influence this weekend in Maryland. Maryland State Police say that Frederick Neil Cline was speeding and driving eastbound on Route 50 in a westbound lane when his car collided with Gavin Jay Bayline’s car. Bayline, a Salisbury resident, sustained non-life threatening injuries and was taken to the Peninsula Regional Medical Center for treatment.

The National Highway Traffic Safety Administration says that due to alcohol-related car accidents in 2001:

-nearly 18,000 people were killed.
-300,000 people were injured.

In 2004:
-alcohol-related car crashes represented 39% of all traffic-related fatalities.
-approximately 1.4 million drivers were arrested for driving under the influence. This is less than 1% of the 159 million self-reported episodes of alcohol-impaired driving done by US adults each year.

If you have been injured in an alcohol-related car crash or someone you love has been injured or killed because of drunk driving, you may be able to file a personal injury lawsuit. The experience is a traumatic one with often life-changing repercussions. You also may be eligible to file a personal injury lawsuit and should consult a personal injury attorney.

Laurel Man Charged With Causing DUI Crash, wboc.com
Impaired Driving Statistics, CDC.gov
Drunk Driving Victimization
Alcoholism/Substance Abuse, About.com

Related Web Sources:
Mothers Against Drunk Driving
The National Commission Against Drunk Driving

If you have been injured in an accident and are filing a personal injury lawsuit, your attorney will need to request your medical records.

Below is a sample of an HIPAA Authorization and Consent of Information form that we filed on behalf of our client authorizing the release of all their medical records-mental health records, billing statements, radiological films, pathology material, photographs, videos, and other information-to our firm. This document also allows our client's medical provider to verbally disclose information about our client's diagnosis, treatment, and prognosis. We have redacted the names of our client and their medical provider for purposes of confidentiality.

Download HIPAA AUTHORIZATION AND CONSENT OF INFORMATION

Medical records can provide evidence regarding the extent of your injuries. They can also help determine the amount of compensation you should claim. Getting a medical expert to testify in court about your injuries can also help your case.

This Document was provided by the personal injury law firm of Lebowitz and Mzhen. For more information, call 1-888-311-HURT or send an email.

Heavy freight traffic on Baltimore highways is causing the Baltimore Metropolitan Council to review whether there needs to be more rest facilities available to truckers. There are currently no designated rest stops between the Beltway and the Pennsylvania line, and the council wants to determine whether more truck parking areas need to be created. The council's Truck Parking Partnership Study is looking into this issue and will make a recommendation.

According to federal regulations, truck drivers:
-Must park and stop if they've been driving for 11 hours straight.
-Must rest for 10 consecutive hours before they are allowed to drive again.
-Can only drive up to 14 hours maximum each day.

Truck drivers are currently having to park on the shoulders at the Shawan Road exit in Hunt Valley and the Freeland Road exit located south of the Pennsylvania line. Maryland State Police are concerned that trucks parked along the freeway could pose a hazard to other vehicles on the road.

Maryland Truck Statistics:
-More than 12,000 companies have registered motor carriers in the state of Maryland.
-Approximately 90 percent of all goods moved in Maryland are moved by truck.

Because of their weight and size, truck-related crashes often impose injuries more serious than car crashes, and
driver fatigue is sometimes responsible for truck crashes. If you or a loved one has been injured in an accident involving a truck, you should obtain the advice of a lawyer with experience in handling truck accident-related personal injury cases.

To avoid becoming involved in a truck-related (or any kind of vehicle-related) accident, here are the following driving tips:

1) Wear a seatbelt.
2) Keep your eyes moving.
3) Watch the road.
4) Check your mirrors.
5) Try not to follow any vehicle too closely.
6) Make sure you aren't being followed too closely.
7) Monitor your speed.
8) Be aware of how current weather conditions may change driving conditions.
9) Give yourself plenty of space between your vehicle and the vehicles around you.

For Truckers, It's A Long Way From Beltway to Pennsylvania Line, North County News.com, June 22, 2006

Doing Business In Maryland, Maryland Department Of Transportation

Defensive Driving Tips

Related Web Resources:
Federal Motor Carrier Safety Regulations

Unsafe Driving Acts Of Motorists In The Vicinity Of Large Trucks (PDF

If you are involved in any kind of vehicle-related accident, chances are that you will find yourself dealing with your insurance company as well as the insurance company of the other party involved in the car accident.

Here is a list of what to do when you are in any kind of traffic accident.

Also see the article Making Notes About Your Accident And Injuries on our web site.

The following list of insurance companies is provided to assist lawyers and injury victims who are having difficulty tracking down the companies that insure drivers and motorcycle operators. This list reflects only some of the insurance companies that we at Lebowitz and Mzhen have dealt with. Please feel free to contact us if you do not see the insurance company needed, and we will be happy to assist you.

We have identified multiple offices for the same insurance company for reasons that the insurance companies often divide the responsibilities for handling personal injury files based on the location of where the accident occurred.

INSURANCE COMPANIES HANDLING AUTOMOBILE, TRUCK AND MOTORCYCLE ACCIDENTS

AAA Mid-Atlantic Insurance Company
New Claims
8600 LaSalle Road Ste 633
Towson, Maryland 21286
800-634-9206

AIG Insurance (American International Group)
Claims
800-562-2208

AIC (Agency Insurance Company of MD)
Claims
410-684-2727

Allstate Insurance
Personal Claims
800-386-6126

Allstate Insurance
Commercial Claims
888-482-6788

Allstate Insurance
Baltimore Office
5325 Nottingham Drive, #E
Baltimore, Maryland 21236
410-248-1500

Allstate Insurance
Clarksburg
22600 Gateway Center Drive
Clarksburg, Maryland 20871
800-347-5482

Allstate Insurance
Columbia Office
7067 Columbia Gateway Drive
Columbia, Maryland 21046
800-729-6400

Amex
Claims
800-872-5246

Amica Insurance Company
Claims
800-682-6422

Blue Ridge Insurance Company
Claims
800-668-3494

The Brethren Mutual Insurance Company
New & Existing Claims
149 North Edgewood Drive
Hagerstown, Maryland 21740
800-621-4264

Cincinnati Insurance
Claims
513-870-2739

Dairyland Insurance Company
(Sentry Insurance)
Claims - DE
PO Box 26363
Richmond, Virginia 23260
(800) 338-2487

Deep South Surplus of Georgia
Claims
60 Chastain Center Boulevard, Suite 62
Kennesaw, Georgia 30144
800-336-3034

Deerbrook Insurance Co.
New Claims
800-333-7276

Encompass Insurance (CNA)
New Claims
800-588-7400

Encompass Insurance (CNA)
Existing Claims
PO Box 16203
Reading, Pennsylvania 19612
800-936-4203

Erie Insurance Group
New & Existing Claims
PO Box 4409
Silver Spring, Maryland 20914
800-492-2709

Esurance Insurance Services, Inc.
New Claims PO Box 5250
Sioux Falls, South Dakota 57117
800-378-7262

Farmers Insurance Group (Zurich)
Personal Claims
800-355-6458

Farmers Insurance Group (Zurich)
Commercial Claims
888-279-9375

Farmers Insurance Group (Zurich)
PIP Claims
PO Box 268993
Oklahoma City, OK
73126 888-299-2031

GE Auto Insurance(Colonial Penn)
New Claims
PO Box 31050Tampa, Florida 33631-3050
800-523-4040

GLI Corporate Risk Solutions
Existing Claims
15110 N. Dallas Parkway
Dallas, Texas 75248

Gebco
Baltimore Office
8407 Harford Road
Baltimore, Maryland 21234
800-464-3226

GEICO
New Claims
One Geico Boulevard
Fredericksburg, Virginia 22412
800-841-3000

GEICO
Fredericksburg Office
One Geico Boulevard
Fredericksburg, Virginia 22412
800-841-1003

GEICO
Washington, DC
One Geico Plaza
Washington, DC 20076-0001
(301) 986-2422

Harleysville Insurance
Mid-Atlantic Claims Office
PO Box 1016
Moorestown, New Jersey 08057
888-595-9876

The Hartford Group
Maryland Claims
PO Box 30773Tampa, Florida 33630
800-637-5410

Interstate Auto Insurance Co., Inc.
Claims
800-500-5730

Kemper Insurance
Personal Claims
2810 Coliseum Center Drive
Suite 450
Charlotte, North Carolina 28217
800-464-5108

Kemper Insurance
Commercial Claims
800-753-6737

Liberty Mutual
Claims
800-526-1547

Liberty Mutual
Maryland Office
11350 McCormick Road, #301Hunt Valley, Maryland 21031
800-241-3238

Maryland Automobile Insurance Fund
Claims
1750 Forest Drive
Annapolis, Maryland 21401
800-492-7114

Maryland Transportation Authortiy (MTA)
Auto Claims
1515 Washington Boulevard
Suite 2600
Baltimore, Maryland 21230
410-454-7310

MetLife Auto & Home
Rocky Hill
825 Brook Street
PO Box 529
Rocky Hill, Connecticut 06067
800-854-6011

Montgomery Insurance Company
Claims
PO Box 8
Sandy Spring, Maryland 20860
800-638-8933

Mutual Benefit Insurance Company
Claims
800-290-6361

Mutual Benefit Insurance Company
Hagerstown Office
PO Box 3770
Hagerstown, Maryland 21742

Mutual Benefit Insurance Company
Pennsylvania
PO Box 577409
Penn Street
Huntingdon, PA 16652
800-283-3531

National Grange Insurance Company
Claims Office
877-425-2467

Nationwide Insurance
Claims Office
800-421-3535

Nationwide Insurance
Bel Air
2021-A Emmorton Road
#216Bel Air, Maryland 21015
877-456-0766

Nationwide Insurance
Delaware
910 West Basin RoadNew Castle
Delaware 19720
302-325-8900

Nationwide Insurance
Rockville
15850 Crabbs Branch Way
#350Rockville, Maryland 20855

Nationwide Insurance
Seabrook (PG Co)
7401 Forbes Boulevard, Suite 2D
Seabrook, Maryland 20706

Nationwide Insurance
Columbia Maryland
7125 Columbia Gateway Drive, Suite 350
Columbia MD 21046
410-423-7088

New Jersey Manufacturers Insurance Co.
New & Existing Claims
301 Sullivan Way
West Trenton, New Jersey 08628
800-367-6564

Northland Insurance
Claims
800-328-5972

Ohio Casualty Group
Claims
800-366-6446

Peninsula Insurance Company
Claims - New & Existing
112 E. Market Street
PO Box 108
Salisbury, Maryland 21803
800-492-1205

Penn National (PA National Mutual Casualty Ins. Co.)
Commercial Claims
800-346-2764

Penn National
Workers Comp Hotline
800-374-4990

Progressive Auto Insurance
New Claims
800-274-4499

Progressive Auto Insurance
Baltimore
21 Governors Court, Suite 120
Baltimore, Maryland 21244
800-284-7710

Progressive Auto Insurance
Owings Mills 800 Red Brook Boulevard, #200
Owings Mills, Maryland 21117

Progressive Auto Insurance
Rockville
2301 Research Boulevard, #110
Rockville, Maryland 20850
410-277-3796

Royal & SunAlliance
Claims
800-847-6925

Safeco Insurance
New & Existing Claims
PO Box 2618
Midlothian, Virginia 23113
800-332-3226

Selective Insurance
New Claims
866-455-9969

Sentry Insurance
Claims
800-638-8763

State Auto Insurance
Claims
800-766-1853

State Farm Insurance Companies
Claims
PO Box 953
Frederick, Maryland 21705
888-613-3966

State Farm Insurance Companies
Clinton Office
9001 Woodyard Road
Clinton, Maryland 20735

State Farm Insurance Companies
Dundalk Office
3615 North Point Boulevard
PO Box 9146
Dundalk, Maryland 21222

State Farm Insurance Companies
Owings Mills Office
10825 Reisterstown Road
Owings Mills, Maryland 21117

State Farm Insurance Companies
Silver Spring
2320 Broadbirch Drive
Silver Spring, Maryland 20904

Teachers Insurance Company
New Claims
800-999-1030

TIG Specialty Insurance
New & Existing Claims
PO Box 152867
Irving, Texas 75015
888-778-7262

Travelers Property & Casualty
Claims Office
800-238-6225

Universal Underwriters Insurance Co.
New & Existing Claims
PO Box 2904
Shawnee Mission, Kansas 66201
800-842-8415

USAA
New & Existing Claims
PO Box 33490
San Antonio, Texas 78265
800-531-8222

In Salisbury's Newtown Historic District, pedestrians and drivers can rest a little easier when navigating through their streets. Devices designed to slow traffic are going to be permanently added to the neighborhood.
A landscaped median will be installed at the entrance of Route 13 and at Division and Mill Streets, while four-way
stop signs will replace a blinking light at Division and Isabella Streets. Curbs located between Mill Street and Route 13 on Isabella Street will be bumped out and landscaped to cause traffic in the area to slow down.

Speed-Related Driving Tips To Consider:

--Regardless of the posted speed limit, evaluate weather and traffic conditions when determining how fast or slow you should be driving. DO NOT, however, drive faster than the posted speed limit.
--In the event of an emergency, make sure that you are driving at a speed that will allow you to stop safely.

In 2001, According to the National Highway Traffic Safety Administration:

--Speeding was a contributing factor in 30% of traffic fatalities in the US.
--39% of the people who died in motorcycle accidents had been speeding.
--39% of drunk drivers involved in traffic fatalities had been speeding.

Injuries and damages caused by traffic accidents can sometimes be severe, life altering, or fatal. If you or someone you love has been injured in a car accident, you may want to seek legal representation and file a personal injury lawsuit.

More Safety Tips For Drivers:

1) Stop for pedestrian at crosswalks and intersections.
2) Don't block crosswalks.
3) Slow down.
4) Obey the posted speed limit.
5) Obey traffic signs.
6) Never run a red light.

Traffic Calming Measures To Be Made Permanent, Delmarvanow.com, June 19, 2006

Car Accidents, Caraccidents.net

Safe Driving Tips

Montgomery County, MD, Safety Tips for Drivers

Related Web Resources:
Maryland Department Of Safety State Highway Administration

The AAA Foundation for Traffic Safety has released a report saying that restrictions imposed on teen drivers by the state of Maryland may be working. According to the report, measures known as "graduated driver licensing" can reduce car accident fatalities involving young drivers by 20%.

Limits for licensed minor drivers in the state of Maryland include:

*Not being able to carry passengers younger than 18 years of age when driving unaccompanied by a qualified supervising driver during the first 5 months of being licensed.

*Not being allowed to use cell phones while driving except to call 911.

*No driving between midnight and 5 a.m. unless accompanied by a parent or guardian or driving for work.

*Licensed minor drivers must have a provisional license for 18 months without incurring any moving violations to secure a regular license.

*Making the license provisional until the driver turns 18 years of age.

*Increasing the minimum period for holding a learner's permit from three to six months.

*Raising the age for being able to obtain a license to 16 years and 3 months.

Maryland instituted the night driving restrictions in 1999 and imposed the other limits last year.

The AAA Foundation also released the following statistics:

*From 1995-2004, almost 400 people died in car accidents involving teen drivers.
*30% of fatalities involving licensed minor drivers take place between 9pm - 6am.
*1000 drivers, 16-17 year of age, are killed in the US every year.

The Center for Disease Control and Prevention says that two out of five deaths involving teens result from car accidents.

More statistics from the CDC:

*In 2002, more than 5,000 teens (ages 16 to 19) died of injuries caused by motor vehicle crashes.

*The risk of motor vehicle crashes is higher among 16 to 19-year-olds than any other age group. In fact, per mile driven, teen drivers are four times more likely than older drivers to get in an auto accident.

*In 2003, teenagers accounted for 10 percent of the U.S. population and 13 percent of motor vehicle crash deaths.

*The presence of teen passengers increases the crash risk of unsupervised teen drivers; the risk increases with the number of teen passengers in a car.

Limits on Teen Driving Bolstered, Baltimoresun.com, June 22, 2006

Study: Tougher Driving Rules For Minors Decrease Fatalities, Examiner.com, June 23, 2006

Related Web Resources:
Traffic Injury Research Foundation

Reducing the Crash Risk for Young Drivers, AAA Foundation (PDF)

If your personal injury case cannot be resolved during mediation, then you may have to go to court. Below, we have included a sample of a court document that we filed in District Court in the state of Maryland demanding a jury trial for our client, the plaintiff, who was injured in a car accident. We have redacted the names of the parties involved for purposes of confidentiality.

Download Demand for Jury Trial document

This Demand For Jury Trial document is provided by the Maryland-based personal injury law firm of Lebowitz and Mzhen.

Here is an overview of the steps that generally take place during a personal injury trial:

1) Jury Selection-Lawyers for the defense and plaintiff interview potential jurors for bias and other factors until a sitting jury has been chosen.

2) Opening Statements-Plaintiff's and defense's counsels give opening statements.

3) Presentation of Evidence and Witnesses-Plaintiff's and defense's counsels present evidence such as physical evidence from the accident, photographs, and different medical evidence. Witnesses are examined and cross-examined by attorneys from each side.

4) Meeting on Jury Instructions-Lawyers meet with the judge to discuss instructions to be given to the jury.

5) Closing arguments-Plaintiff's and defense's attorneys give their closing arguments.

6) Jury deliberates-Jury retires in private to make a decision.

7) Verdict

According to the Bureau of Justice Civil Justice Statistics:

In 49% of jury trial cases-the jury found in favor of the plaintiff and awarded a median total award of $35,000.

In 62% of bench trials (without a jury)-the median total award was $28,000.