Kevin J. McCarthy, Esq.

Serving Maryland, Washington D.C. & Virginia

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Kevin J. McCarthy, Esq.

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 Association for Justice
  • The Melvin M. Belli Society
  • Academy of Catastrophic Injury Attorneys
  • The Litigation Counsel of America*

*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:

  • 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:

  • “The Best Lawyers in America” – Woodward/White
  • “Best Lawyers in the Washington Area” – Washingtonian Magazine
  • Member of Million Dollar Advocates Forum
  • Martindale-Hubbell Bar Register of Preeminent Lawyers
  • “Best Trial Lawyers in Washington Area” – Legal Times
  • “One of D.C. Area Best Lawyers” – Washington Post Sunday Magazine
  • Top 5% of Maryland Lawyers – Maryland Super Lawyers Magazine, Peer Elected
  • One of Maryland’s Best Lawyers – Baltimore Magazine, Peer Elected
  • Top 5% of D.C. Lawyers – D.C. Super Lawyers Magazine, Peer Elected
  • Member of Litigation Counsel of America*

Significant Litigation:

A. B. Smith v. Grey Concrete

Maryland’s first case to allow punitive damages in auto tort.

Moran v. Faberge, Inc.

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)

This case resulted in a $7,500,000 judgment that established a new duty for public utilities in cases where claimants were injured by electricity on utilities property or right of way. It also held the Maryland Cap on non-economic damages constitutional.

Anderson v. Marion, et al

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

FSLIC v. Abe Pollin

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

Wieck v. Ford Motor Company, Inc.

The sudden acceleration of F150 truck caused the Plaintiff to be thrown through the windshield and sustain a C-2 starburst fracture that resulted in the loss of all function, including breathing, from the neck down. It was proved that the Brake Shift Interlock device, which would have prevented this incident, was available at Ford at the time of manufacture of the truck in question and showed the additional cost was only $10.51 per vehicle. The case was settled and sealed after 3 weeks of trial just as jury was going out to deliberate.

Frazier v. Seven Star Aggregate, Inc.

The Plaintiff was rear-ended at stop light in LaPlata, Maryland and suffered a C5-6 fracture that caused the Plaintiff to become a complete quadriplegic. The case settled for $6,000,000 less than eight months after the incident. The Defendant had no assets that could be given other than an insurance policy of $6,000,000. A structure settlement was used that will pay the Plaintiff over $12,000,000 during their lifetime.

Blogs

What are the Common Causes of Motorcycle Accidents in Maryland?

If you were hurt in a motorcycle accident, you will need a dedicated Maryland personal injury attorney on your side. Do not hesitate to reach out today to discuss your options with our skilled legal team. How do motorcycle accidents occur in Maryland? There are several ways that motorcycle accidents can occur. In some cases, […]

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Can I Pursue Legal Action After a Bus Accident in Maryland?

Bus accidents can cause severe physical, emotional, and financial burdens. If you were hurt in one, do not hesitate to reach out to our experienced Maryland personal injury attorneys at McCarthy, Winkleman & Mester, LLC to discuss the specifics of your case and your options. What are the common causes of bus accidents? There are […]

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32nd Annual Ray Smith Golf Classic

McCarthy, Winkelman & Mester was proud to once again be a Title Sponsor of the 32nd Annual Ray Smith Golf Classic which took place on June 18, 2020. The annual Ray Smith Golf Classic benefits the John Moylan Scholarship Fund which provides financial aid for students who otherwise would not be able to attend DeMatha […]

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