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     Kevin J. McCarthy

     Michael J. Winkelman

     Shireen Jayatilaka


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Personal:

Date of Birth: April 8, 1941

Birthplace: New York, New York

Marital Status: Married, Three Children

Education:

J.D. ‑ University of Maryland, 1966

B.S. ‑ University of Maryland, Honors in English

Gonzaga High School, Washington, D.C.

Legal experience:

  • McCarthy & Winkelman, L.L.P, Partner, 2005-present

  • McCarthy & Costello, L.L.P., Partner, 1999-2005

  • McCarthy, Bacon & Costello, L.L.P., Partner, 1987-1999

  • O'Malley, Miles, McCarthy & Harrell, Partner, 1976-1987

  • Sasscer, Clagett, Channing & Bucher, Partner, 1970-76

  • Sasscer, Clagett, Channing & Bucher, Associate, 1967-70

  • Honorable Roscoe H. Parker, Law Clerk, 1964-66

Memberships:

  • American Bar Association

  • American Board of Trial Advocates

  • District of Columbia Bar Association

  • District of Columbia Trial Lawyers Association

  • Maryland State Bar Association

  • Montgomery County Bar Association

  • Prince George's County Bar Association

  • Anne Arundel County Bar Association

  • Florida State Bar Association

  • Palm Beach County Bar Association

  • American Association for Justice (formerly ATLA)

  • Maryland Trial Lawyers Association

  • The Melvin M. Belli Society

  • Academy of Catastrophic Injury Attorneys

  • The Litigation Counsel of America*

Amputee Wins $5.4 Million in Suit Against Hospital

Washington Post, March 16, 2000

Jury Awards 27-Year-Old Man $5.4 Million for Loss of One Leg
Daily Record, March, 2000

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Sears Settles Suit in Md. Sex Assault

July 19, 1996

 

Settlements

Damages Sought: $24 million. Award: $20.1 million.

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June 10, 1996

 

Parents settle lawsuit on motel pool accident

Glen Burnie family to receive $20 million for injury to boy, 4.

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June 5, 1996

 

Hotel sued after child sucked into pool drain

Tragedy seems to follow Gary and Lisa Boulay of Brooklyn. While staying at a Glen Burnie hotel in the aftermath of the fire that destroyed their...

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*The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership.

Admitted to practice before:

  • Superior Court of District of Columbia

  • District of Columbia Court of Appeals

  • United States District Court for District of Columbia

  • United States District Court for Maryland

  • United States Court of Appeals for Fourth Circuit

  • Supreme Court of United States

  • Maryland State Court of Appeals

  • Supreme Court of the State of Florida

Co-Author:

Maryland Civil Pattern Jury Instructions, Second, Third & Fourth Editions. Numerous articles on discovery in civil cases, use of demonstrative evidence, interpretation of Maryland Revised Rules of Civil Procedure and trial techniques published by Maryland Institute for Continuing Professional Education of Lawyers, Inc., and MTLA

Contributor - Journal of Criminal Victims

Lecturer:

Lecturer on various topics dealing with conduct of civil trial for Maryland Institute for Continuing Professional Education of Lawyers, Inc., and MTLA

Presenter in "Masters in Trial" program sponsored by the American Board of Trial Advocates in Baltimore, Maryland

Honors:

  • Chosen for inclusion in Woodward/White "The Best Lawyers in America"

  • Chosen for inclusion in the Washingtonian magazine "Best Lawyers in the Washington Area"

  • Member of Million Dollar Advocates Forum

  • Chosen for inclusion in Martindale-Hubbell Bar Register of Preeminent Lawyers

  • Legal Times Inclusion in Best Trial Lawyers in Washington Area

  • Washington Post Sunday Magazine- Recognized as One of D.C. Area Best Lawyers

  • Chosen by peers for inclusion in Maryland Super Lawyers Magazine (top 5% of Maryland Lawyers

  • Chosen by peers for inclusion in Baltimore Magazine as one of Maryland Best Lawyers

  • Chosen by peers for inclusion in D.C. Super Lawyers Magazine (top 5% of D.C. Lawyers)

  • Selected as a Member of Litigation Counsel of America*

Significant Litigation:

A. B. Smith v. Grey Concrete,

267 Md. 149, 297 A.2d 721 (1972)

First case in Maryland to allow punitive damages in auto tort.

Moran v. Faberge, Inc.,

273 Md. 538, 332 A.2d 11 (1975)

First case in Maryland to adopt "zone of danger" relating to duty to warn in product cases.

PEPCO v. Smith,

79 Md. App. 591, 558 A.2d 768, cert. den. (1989)

$7,500,000 judgment establishing new duty or standard of care for public utilities in cases where claimants injured by electricity on utilitys property or right of way. Also held Maryland Cap on non-economic damages constitutional.

Victory Promotions v. Top Rank,

American Arbitration Association

Interpreted various provisions of Bout and Promotion Agreement for Leonard-Duran III, including pay per view revenue accounting.

Rose v. Fox Pools

Application of Statute of Repose to suit by quadriplegic against manufacturer.

Cox v. Metpath and Dr. Gerardo Araiza, Law No. 55,134

Circuit Court for Montgomery County, Maryland

Case tried to verdict and later settled and sealed before Appeal involving death of 26-year-old female who allegedly could have been salvaged had pap smears been appropriately interpreted and results reported.

Bryan v. Kaiser Permanente, Sun Life and Dimensions

Case settled prior to trial for $1,230,000 involving death of 32-year-old female after giving birth to second child due to failure of doctor to repair lacerated spleen. Issue of purported common law husband's rights in Maryland to sue for death of decedent.

Greenwell v. Metpath, Inc. Law No. CAL 92-03932

Circuit Court for Prince George's County, Maryland

Case settled and sealed prior to trial. Novel issue of who proper parties to sue in case where young female diagnosed as terminal but still living (what, if anything, are children and husband entitled to prior to death or is Wrongful Death Action only available after mother dies).

Boulay v. Holiday Inn, et al

Circuit Court for Anne Arundel County, Maryland

Case settled at beginning of trial for $20,100,000. Structure used that will pay plaintiffs over $125,000,000 lifetime. Novel issues dealing with issues of product liability, innkeeper liability and punitive damages.

Anderson v. Marion, et al

U.S. District Court of Maryland

Case involved collapse of overhead bridge over Baltimore/Washington Parkway during morning rush hour. Issues included interpretation of conflicting clauses in various contracts among Federal Government and numerous contractors and evaluation of severe closed head injury.

Fairfax Anesthesiology Associates v. Bank of Northern Virginia

Circuit Court of Montgomery County

Over $21,000,000 in alleged improper wire transfers and interpretation of UCC Article dealing with wire transfers.

FSLICV v. Abe Pollin

U.S. District Court of Maryland

Test case for government suit against Savings & Loan Directors to collect for negligence when S&L went bankrupt.

Wieck v. Ford Motor Company, Inc.

Circuit Court for Prince George's County, Maryland, CAL No. 93-06729

Sudden Acceleration of F150 truck causing plaintiff to be thrown through the windshield and sustain C-2 star burst fracture resulting in loss of all function including breathing from the neck down. Proved that Brake Shift Interlock device which would have prevented this incident was available at Ford at the time of manufacture of truck in question (Ford had in fact put this device on other product lines). Also showed additional cost was only $10.51 per vehicle. Case settled and sealed after 3 weeks of trial as jury was going out to deliberate.

Moore, et al v. Washington Gas Light

Superior Court for the District of Columbia, 96-CA-3863

Gas company inspected stove and indicated that it could not be repaired and must be replaced but homeowner indicated could not afford to replace it. Gas Company did not take out of service and did not shut off gas to stove. Gas escaped from defective burners into kitchen and ignited, killing one child and severely burning two others. Case settled & sealed after one week of trial. Structured settlement used to ensure welfare of surviving children for the remainder of their lives.

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