Kevin J. McCarthy

Personal:

  • Date of Birth: April 8, 1941
  • Birthplace: New York, New York
  • Marital Status: Widowed, 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.

Michael J. Winkelman

Michael J. Winkelman

Partner

Michael practices civil litigation in State and Federal Courts throughout Maryland and select other jurisdictions.

Christian C. Mester

Christian C. Mester

Partner

Christian investigates and prosecutes medical negligence (also called medical malpractice) cases.

Maria H. Dawson

Maria H. Dawson

Partner

Maria’s nursing background along with her law degree allows her to provide critical insight into her clients’ medical negligence cases.

Conrad W. Judy III

Conrad W. Judy III

Associate

Conrad practices general tort litigation in both district and circuit courts throughout the State of Maryland.