Jury Trial
Wall v. Bak (02/28/2023)
Multnomah County Circuit Court Case No. 18CV42510
What Happened: This vehicle versus pedestrian collision occurred at the Portland International Airport. Defendant was driving a 2005 Toyota Corolla and plaintiff was driving a 2016 Chrysler 300. Plaintiff, while working as a Lyft driver, pulled over to the right lane of the departures curb in order to drop off his patrons for their flights. He got out of his car and stepped to the rear driver-side door to assist his patron’s son exiting the vehicle. When he opened the door and stepped back, defendant’s side mirror struck plaintiff, pinning him between her side mirror and his open door. Plaintiff alleged he sustained damage to the soft supportive tissues, ligaments, tendons and muscles of his back and groin. Plaintiff requested $638,460.07 in economic damages and $925,000.00 in non-economic damages for a total of $1,563,460.07 plus costs. The economic figure was comprised of $39,167.07 in medical expenses and $599,293.00 for lost income. The non-economic figure was comprised of $850,000.00 for plaintiff’s pain and suffering, and $75,000.00 for plaintiff’s wife’s loss of consortium.
The Result: After a three-day trial, the jury returned a defense verdict finding that the defendant was not at fault.
Binding Arbitration
UIM Arbitration (02/15/2023)
What Happened: This bicyclist v. pick-up truck collision occurred on 16th Street between the intersections of Harrison Street and Folsom Street in San Francisco, California. The tortfeasor, driving a Ford F-150 made a U-turn pulling in front of claimant who was riding his bike which resulted in claimant striking the back right side of the truck bed head on. Claimant alleged alleged low back pain, thoracic pain, right leg pain, right knee partial ACL tear and need for ACL surgery, elbow hematoma, anxiety, concussion, migraines, and insomnia. Claimant alleged that the low back pain was still ongoing and at this point permanent. Regarding his ACL tear, in addition to surgical repair, claimant alleged through his expert that he would need a future knee replacement due to the injury. Claimant demanded the $250,000.00 UIM policy limits. At the arbitration, claimant asked for past medical expenses of $30,766.49, $57,000 for a future surgery to repair his ACL, $9,500 for post-surgery physical therapy, $50,000 for a future total knee replacement and $350,000.00 for pain and suffering ($496,766.49 in total damages).
The Result: The case proceeded to binding arbitration before a three arbiter panel. The panel awarded $20,072.78 in past medical bills and $35,000.00 in non-economic damages for a net award of $13,951.17.
TBI Jury Trial
Leonard v. Fernandes (1/23/2023)
Multnomah County Circuit Court Case No. 19CV45419
What Happened: This sideswipe collision of a SUV and TriMet bus occurred on westbound SE Hawthorne Blvd in Portland near its intersection with SE 18th Ave. Plaintiff was seated in the middle of the very back seat of a TriMet bus—directly in front of the aisle. Defendant started to pass the stopped bus to make a right turn, just as it pulled from the bus stop. As the bus braked, plaintiff moved forward out of his seat and claimed to have struck his head on a passenger standing in the aisle. Plaintiff alleged a severe closed head injury, a concussion, post-concussion syndrome that included debilitating headaches, severe depression, insomnia, head pain, dizziness, inability to concentrate, and severe emotional distress as a result of the incident. Plaintiff requested $40,000 in economic damages and $2,500,000 in non-economic damages.
The Result: After a four-day trial, the jury returned an admitted liability defense verdict finding that defendant’s negligence did not cause any injury.
Jury Trial
Fronterhouse v. State Farm (12/05/2022)
Multnomah County Circuit Court Case No. 19CV13465
What Happened: Plaintiff was stopped in his Ford F250 at an intersection when he was rear-ended at high speed by a Toyota Tundra. He testified that the impact was substantial, causing his head to snap back and hit the rear window in his truck with enough force to break the window. Plaintiff alleged a cervical spine injury resulting in the need for a three level fusion and permanent residuals. Plaintiff alleged $172,100.86 in medical expenses, $19,023 in wage loss and $400,000.00 in non-economic damages, for a total of $591,123.86. Plaintiff sought $250,000 in UIM benefits.
The Result: Defendant alleged that plaintiff’s surgery was not related to the accident, but rather to pre-existing degeneration. After a three-day trial, the jury awarded $94,500 in medical expenses, $19,023 in wage loss and $130,000 in non-economic damages for a total verdict of $243,523.00. The offsets in the case were $250,000 resulting in defense verdict in favor of the insurer.
Binding Arbitration
UIM Arbitration (08/16/2022)
What Happened: This rear-end collision occurred on West Baseline Road just west of Southwest 185th Avenue in Hillsboro, Oregon. Claimant was the front seat passenger in a 2003 Dodge Durango. Claimant’s vehicle came to a stop for traffic and was rear-ended by tortfeasor. Claimant’s vehicle had a bed in the back of it which was reportedly pushed forward into the backs of the front seats as a result of the accident. Claimant alleged cervical, thoracic and lumbar strains, lumbar disc injuries, the need for lumbar surgery and concussion related injuries. Claimant sought $500,000 in UIM benefits.
The Result: The case proceeded to binding arbitration before a three arbiter panel. The panel awarded $37,994.17 in past medical bills and $42,500.00 in non-economic damages for a net award of $30,494.17. The award was less than our pre-arbitration offer.
Jury Trial
Mesi v. Ableman (08/09/2022)
Clackamas County Circuit Court Case No. 19CV03532
What Happened: This rear-end accident occurred on the Johnson Creek Exit from I-205. Plaintiff, Anthony Mesi, claimed a number of injuries, including aggravation of the pre-existing degenerative disease in both his cervical and lumbar spine causing neurological symptoms, an A T-11 compression fracture that required a kykphoplastic procedure and a torn right rotator cuff that required surgical repair. The total medical bills were just over $112,000.00. In addition to the medical bills, plaintiff alleged $500,000.00 in non-economic damages.
The Result: After a three-day trial, the jury awarded $15,000 in economic damages. The verdict was less than our pre-trial offer of judgment.
Jury Trial
Pettitt v. Downing (06/27/2022)
Multnomah County Circuit Court Case No. 19CV37348
What Happened: This is a bicycle/car accident. Plaintiff alleged that the insured negligently pulled out in front of him, causing plaintiff to T-bone the insured vehicle at 20 mph. Plaintiff alleged that he was thrown from his bike and suffered the following injuries: (1) intra-articular fracture of the left middle finger; (2) neck, shoulder and back strain; (3) right elbow contusion; (4) back contusion; (5) concussion; (6) mild neurocognitive disorder from head injury; and (7) unspecified anxiety disorder. Plaintiff alleged that his neurocognitive disorder was permanent as well as the injuries to his neck and back. Plaintiff requested $23,560.17 in economic damages and $400,000 in non-economic damages for a total prayer of $423,560.17.
The Result: After a four-day trial, the jury awarded $21,024 in economic damages and $33,300 in non-economic damages. The verdict was less than our pre-trial offer of judgment.
Jury Trial
Watson v. McCausland Kemper (03/29/2022)
Multnomah County Circuit Court Case No. 20CV24171
What Happened: This minor rear-end collision occurred at the intersection of Northeast Broadway Street and Northeast 7th Avenue in Portland, Oregon. Plaintiff, a passenger in a 1996 Lexus LS400 driven by Nathaniel Wilson, was westbound on Northeast Broadway Street when the vehicle stopped for a red light at the intersection with Northeast 7th Avenue. The insured, driving a 2007 Toyota Prius, was driving directly behind plaintiff. As she was coming to a stop, her foot slipped off the brake causing her to collide with the vehicle occupied by plaintiff. Plaintiff alleged soft tissue injuries to her cervical, thoracic and lumbar spine along with headaches. Plaintiff requested $306.28 in economic damages and $9,693.72 in non-economic damages for a total of $10,000.00, plus costs.
The Result: After a two-day trial, the jury awarded $306.28 in economic damages and $2,000 in non-economic damages. Plaintiff was not entitled to attorney fees pursuant to ORS 20.080 because the jury’s award was less than the pre-suit offer.
Binding Arbitration
UIM Arbitration (10/19/2021)
What Happened: This three vehicle rear-end collision occurred in Gresham, Oregon. Claimant was operating a 2016 Jeep Cherokee. A vehicle ahead of claimant stopped and claimant came to a complete stop. Tortfeasor, operating a Ford Focus, rear ended the Jeep. The force of impact pushed claimant vehicle into the vehicle ahead (make and model not known). Claimant alleged ongoing neck, back, post-concussion symptoms (including cognitive symptoms) and ongoing debilitating migraines. Claimant sought the $100,000 UIM policy limits. At the arbitration, claimant sought medical expenses of $56,168.25, $9,289.09 for past wage loss, an unspecified amount for future Botox treatments –citing a price of $1,200 every 10 weeks and $500,000.00 for pain and suffering (over $565,000 in total damages).
The Result: The case proceeded to binding arbitration before a three arbiter panel. The panel awarded economic damages for medical treatment and wage loss in the amount of $25,000 and $45,000 for non-economic damages related to the accident resulting in a defense verdict with a net award of -$186.08 after offsets.
Binding Arbitration
UIM Arbitration (10/06/2021)
What Happened: This two vehicle, head-on collision occurred in the southbound lanes of I-5 near MP 58 in Grants Pass, Josephine County, Oregon. Claimant was a restrained front seat passenger in a 2004 Toyota Corolla. The underinsured motorist, driving a 1997 Olds Cutlass, entered I-5 southbound going northbound, hitting the Toyota head on. Claimant alleged injuries to his neck, back, feet, right hand and left hip. Claimant sought the $100,000 UIM policy limits. At the arbitration, claimant sought $35,898.95 in past medical bills, $17,000 for future medical bills and $100,000 for noneconomic damages.
The Result: The case proceeded to binding arbitration before a three arbiter panel. The panel awarded $35,898.95 in past medical bills, $940.00 in future medical bills and $60,000.00 in non-economic damages for a net award of $31,838.95.
Arbitration
Brown v. Plourde (02/01/2021)
Multnomah County Circuit Court Case No. 20CV18065
What Happened: This two-vehicle collision occurred on Martin Luther King, Jr. Blvd, at the intersection with Stanton Street, in Portland, Oregon. Plaintiff’s vehicle, 2013 Honda Accord LX, was impacted in the rear by defendant’s 1996 Nissan 200 SX while the vehicles were making a left turn. Plaintiff alleged he sustained mild traumatic brain injury, concussion without loss of consciousness, post-concussion syndrome, tension headaches, ringing in ears, nausea, light headedness, brain fogginess, light and sound sensitivity, memory deficit, eye fatigue, blurry vision, cognitive issues (unspecified), and cervical, lumbar, thoracic, and right hip sprain, along with neck pain, right groin pain, and abdomen pain. Plaintiff requested $10,000 in noneconomic damages, plus attorneys’ fees and costs pursuant to ORS 20.080.
The Result: The case proceeded to arbitration. Due to a 3 month delay in treatment, the arbitrator awarded $3,250.00 in non-economic damages. Plaintiff was not entitled to attorney fees pursuant to ORS 20.080 because the arbitrator’s award was less than the pre-suit offer.
Arbitration
Cardenas v. Dominguez Mendoza (11/24/2020)
Marion County Circuit Court Case No. 20CV24031
What Happened: This back-up collision occurred when defendant was attempting to park his 1993 Honda Prelude in a parking spot in the Momiji sushi restaurant parking lot. Plaintiff was also in the Momiji parking lot preparing to turn on to Silverton Road. The rear of her vehicle faced the rear of defendant’s vehicle. As defendant slowly backed up to enter into a parking spot, he could not see plaintiff’s vehicle and the rear of his vehicle lightly made impact with the rear of plaintiff’s vehicle. Plaintiff alleged injuries including a pulling of the tissues, muscles, nerves and ligaments of her neck, and thoracic spine; headaches; and mental and physical pain and suffering. Plaintiff requested $1,351.44 in economic damages for medical expenses unpaid by PIP and $8,648.56 in non-economic damages, for a total of $10,000.00, plus costs.
The Result: The case proceeded to arbitration where the arbitrator awarded $3,600.00 in non-economic damages, plus costs. Plaintiff was not entitled to attorney fees pursuant to ORS 20.080 because the arbitrator’s award was less than the pre-suit offer.
Binding Arbitration
UIM Arbitration (09/22/2020)
What Happened: This rear-end collision occurred at the intersection of Southeast Hosner Road and SE Lusted Road in Troutdale, Oregon. Claimant, driving a 2005 Dodge Ram 3500, was stopped facing southbound on Southeast Hosner Road preparing to turn left onto Southeast Lusted Road when tortfeasor, driving a 2013 Honda Fit, rear-ended plaintiff at high speed. Claimant alleged soft tissue injuries to his lumbar, cervical, and thoracic spine and alleged the lumbar spine injuries were permanent. Claimant sought the $100,000.00 UIM policy limits. At the arbitration, claimant sought past medical expenses, $250,000 for future medical expenses and $250,000 for noneconomic damages.
The Result: The case proceeded to binding arbitration before a three arbiter panel. The panel awarded $18,492.24 in past medical bills, $2,500.00 in lost wages and $70,000.00 in non-economic damages for a net award of $24,375.44.
Arbitration
Milhouse v. Lemay (08/10/2020)
Multnomah County Circuit Court Case No. 20CV12942
What Happened: This collision occurred in the parking lot of Hollywood Fred Meyer located at 3030 Northeast Weidler Street Portland, Oregon. Plaintiff, driving a 2002 Ford Explorer, and the insured, driving a 2012 Toyota Venza, were parked opposite each other in a one way parking lane. Both parties started to reverse into the lane and had mostly gotten out of their parking spots when the back left corner of plaintiff’s vehicle collided with the rear right corner of the insured’s vehicle. Plaintiff alleged injuries to his back and leg. Plaintiff requested $4,728.04 in economic damages, $2,000.00 in wage loss and $3,000.00 in non-economic damages for a total of $9,728.04, plus costs.
The Result: The case proceeded to arbitration where the arbitrator found each party 50% at fault. Plaintiff was awarded medical expenses of $4,728.04, reduced by 50% for a net award of $2,364.02. No awards for wage loss or noneconomic damages were issued. Defendant was awarded the repair costs in the amount of $1,317.20, reduced by 50% for a net award is $658.60. Plaintiff was not entitled to attorney fees pursuant to ORS 20.080 because the arbitrator’s award was less than the pre-suit offer.
Arbitration
Ekrama v. State Farm (04/09/2020)
Multnomah County Circuit Court Case No. 19CV44364
What Happened: This case was a first party claim for property damage arising out of a purported collision which occurred on 11/29/2018, in the Beaverton City Library where plaintiff backed out of a parking space and collided with another vehicle. Plaintiff’s vehicle, a 2005 Lexus RX 330, had damage from just behind the front right wheel all the way to the back bumper. The repair estimate plaintiff obtained listed damage to the radiator upper seal, right fender, roof, rocker, front right door, back right door, right quarter panel, lift gate, and rear bumper for a total of $5,048.58 in repairs.
The Result: The case proceeded to arbitration where the arbitrator awarded a defense verdict. The arbitrator concluded that plaintiff’s alleged property damage was not consistent with the description of the incident proffered by plaintiff and therefore not caused by the alleged incident.
Jury Verdict
Pliska v. Worland (03/09/2020)
Multnomah County Circuit Court Case No. 18CV38299
What Happened: This case involved a rear-end collision that occurred on SE Division Street in Portland, Oregon. Plaintiff claimed he stopped for a pedestrian in a crosswalk and was rear-ended, pushing his vehicle forward up to 30 feet. Plaintiff suffered a significant stroke six months prior to the accident and claimed that the accident aggravated his stoke condition, set back his stroke recovery, and further caused soft tissue injuries to his neck and back. Defendant admitted liability for the accident, but disputed that plaintiff sustained any injury. Plaintiff asked the jury for $20,000 in medical expenses and $75,000 in non-economic damages.
The Result: After a two-day trial, the jury returned an admitted liability defense verdict finding that defendant’s negligence did not cause any injury.
Jury Verdict
Chinchanikar v. White (03/02/2020)
Multnomah County Circuit Court Case No. 19CV05010
What Happened: This case involved a rear-end motor vehicle accident near the intersection of SW Market Street and 11th Avenue in Portland, Oregon. Plaintiff claimed that her SUV sustained diminished value as a result of the collision. Plaintiff’s SUV was only 5 weeks old and had only 1,500 miles on it at the time of the accident. Defendant admitted she was responsible for the collision, but disputed plaintiff’s claim for diminished value. This case involved claimed attorney fees under ORS 20.080. Plaintiff demanded $4,065.36 in economic damages and defendant offered $2,000 pre-suit. At the mandatory arbitration the arbitrator awarded plaintiff $2,000. Because this award matched defendant’s pre-suit offer attorney fees were denied. Plaintiff appealed and requested a jury trial. Plaintiff asked the jury for $4,065.36 in economic damages. We served plaintiff with a $2,000.00 ORCP 54E offer of judgment prior to trial.
The Result: After a two-day trial, the jury awarded $500.00 in economic damages. The verdict was $1,500.00 less than our pre-trial offer of judgment and the pre-suit offer and therefore plaintiff did not recover attorney fees under ORS 20.080.
Jury Verdict
Worku v. Kelley (02/11/2020)
Washington County Circuit Court Case No. 19CV07449
What Happened: This case involved a three car, rear-end motor vehicle accident that occurred on SW 185th Avenue at the intersection of SW Edgeway Drive in Hillsboro, Oregon. Defendant’s vehicle stuck the rear of a Honda CRV. The Honda CRV hit the rear of plaintiff’s vehicle. The driver of the Honda CRV was not a party to this lawsuit. Defendant admitted legal responsibility for the accident, but denied plaintiff was injured as a result of the accident. Plaintiff claimed the accident caused injuries to her head, neck, back, shoulder and knees. Plaintiff asked the jury for $1,760.00 in lost wages and $45,000.00 in non-economic damages. We served plaintiff with a $5,000.00 ORCP 54E offer of judgment prior to trial.
The Result: After a two-day trial, the jury returned a defense verdict finding that the plaintiff was not injured.
Jury Verdict
Turner v. Morgan (02/11/2020)
Multnomah County Circuit Court Case No. 18CV55293
What Happened: This case involved a rear-end motor vehicle accident in the parking lot of a skilled rehabilitation facility located in southeast Portland. Defendant attempted to pull around a Tri-Met medical transportation bus parked in the driveway outside of the facility entrance when the front right corner of Defendant’s vehicle made contact with the left rear of the bus. Plaintiff was on the bus and claimed she was injured as a result of the impact. Plaintiff alleged cervical, thoracic and lumbar spine injuries, muscle spasms, headaches and a worsening of plaintiff’s preexisting post-surgical cervical spine. Plaintiff requested a jury trial after defendant prevailed during mandatory arbitration. Plaintiff asked the jury for $11,962.64 in past economic damages and $38,037.36 in non-economic damages. We served plaintiff with a $2,500.00 ORCP 54E offer of judgment prior to trial.
The Result: After a two-day trial, the jury returned a defense verdict finding that the plaintiff was not injured.
Jury Verdict
Sodaro v. Boyd (12/10/2019)
Multnomah County Circuit Court Case No. 18CV51752
What Happened: This case involved a rear-end motor vehicle accident at the intersection of the northbound I-5 off-ramp and SW Wilsonville Road in Wilsonville, Oregon. Plaintiff was the front seat passenger in an SUV operated by plaintiff’s son where they were rear-ended by defendant after plaintiff made a sudden stop to avoid colliding with another driver who ran a red light. As a result of the accident, plaintiff alleged soft tissue injuries, herniated discs and facet joint damages requiring surgery, head, cervical, thoracic and lumbar sprain/strain injuries. Plaintiff asked the jury for $95,013 in past economic damages, $10,000 in future economic damages and $250,000 in non-economic damages. We served plaintiff with a $15,000.00 ORCP 54E offer of judgment prior to trial.
The Result: After a two-day trial, the jury awarded $4,339.98 in past economic damages and $2,400.00 in non-economic damages. The verdict was less than our pre-trial offer of judgment.
Arbitration
UIM Arbitration (11/13/2019)
What Happened: This UIM claim involved a T-bone collision. Claimant alleged permanent injury to her hands, neck, back, hips, and post-concussive symptoms. The total claimed medical bills were $29,456.16. Claimant further alleged that as a result of her accident she was unable to find a job. She further alleged non-economic damages in excess of her $100,000 UIM limits. Claimant demanded her policy limits and did not move off her policy limits demand before arbitration.
The Result: The case proceeded to binding arbitration before a three arbiter panel. The panel awarded $10,000 in UIM benefits.
Jury Verdict
Taggart v. Meador and Hutchins T.V. & Appliance, Inc. (08/20/2019)
Washington County Circuit Court Case No. 18CV53878
What Happened: This case involved a motor vehicle accident at an intersection in Hillsboro, Oregon. As a result of the accident, plaintiff alleged head, cervical, thoracic and lumbar sprain/strain injuries requiring 20 years of future chiropractic treatment. Plaintiff asked the jury for $19,608 in past economic damages, $38,753 in future economic damages and $40,000 in non-economic damages. We served plaintiff with a $20,000.00 ORCP 54E offer of judgment prior to trial.
The Result: After a three-day trial, the jury awarded $9,692 in past economic damages and $6,000 in non-economic damages. The verdict was less than our pre-trial offer of judgment.
Jury Verdict
Everett v. Schmautz (08/19/2019)
Washington County Circuit Court Case No. 18CV53878
What Happened: This case involved a rear-end motor vehicle accident where northbound Barbur Boulevard merges onto the Ross Island Bridge. Due to the accident, plaintiff claimed injuries to the neck, upper and lower back with aggravation of the pelvis, right hip and ongoing low back and hip pain. Plaintiff claimed future medical expenses and impairment of future earning capacity for a combined total of $100,000.
The Result: After a three-day trial, the jury awarded $20,000 in economic damages and $10,000 in non-economic damages for a combined award of $30,000.
Binding Arbitration
UIM Arbitration (07/10/2019)
What Happened: The claimant was rear-ended by an uninsured drunk driver that fled the scene. Claimant alleged multiple injuries – the most significant was a traumatic brain injury, with on-going, permanent cognitive symptoms. She alleged $14,962.22 in past medical expenses, significant future medical expenses, $11,000 in wage loss, and $300,000 in non-economic damages. She demanded the limits of her uninsured motorist policy and never moved off her demand before arbitration.
The Result: The case proceeded to binding arbitration before a three arbiter panel. While the panel held that claimant suffered a concussion, she did not suffer a significant traumatic brain injury and her on-going symptoms were not related to the accident. The panel awarded $5,840.51 in medical bills, $7,949.56 in lost wages and $27,500 in non-economic damages.
Binding Arbitration
UIM Arbitration (06/25/2019)
What Happened: This UIM claim involved a head-on collision that occurred at the intersection of SR212 and SE 177th Ave in Happy Valley. The underinsured driver executed a left turn in front of the claimant as they both entered the intersection. Claimant alleged a broken left foot, lesion of the plantar nerve of the left foot, metatarsalgia of the left foot, and ongoing post-traumatic headaches. Claimant alleged $15,671.04 in medical expenses and $200,000 in non-economic damages claiming that he was permanently disabled due to his left foot injury. Claimant never moved off his policy limits demand before arbitration.
The Result: This case proceeded to binding arbitration before a three arbiter panel. Following the arbitration, the panel awarded $3,147.76 in UIM benefits.
Jury Trial
Sparks-Vlas v. Ahern (06/10/2019)
Multnomah County Circuit Court Case No. 18CV18922
What Happened: Plaintiff alleged a cervical surgery as the result of a motor vehicle accident that occurred at the intersection of McLoughlin Blvd and SE Glenwood in Portland. She claimed $45,646 in medical bills and $349,980 in non-economic damages. We admitted liability that our client was negligent in causing the accident, but denied that the accident caused any injury.
The Result: After a three-day trial, the jury returned an admitted liability defense verdict finding that defendant’s negligence did not cause any injury.
Jury Trial
Weber v. Cashmer (05/29/2019)
Washington County Circuit Court Case No. 18CV37565
What Happened: This case involved a sideswipe motor vehicle accident. Plaintiff alleged injuries to their right shoulder, neck and back. Plaintiff also underwent shoulder surgery, claiming it was necessary because of the accident. Plaintiff asked the jury for $58,455 in medical bills and $175,000 in non-economic damages.
The Result: After a three-day trial, the jury returned an admitted liability defense verdict finding that defendant’s negligence did not cause any injury.
Jury Trial
Whynot v. Schultz (04/30/2019)
Clackamas County Circuit Court Case No. 17CV19146
What Happened: This case involved a rear-end motor vehicle accident that occurred in Oregon City, Oregon. Plaintiff claimed a low back injury including herniated discs and eventually underwent surgery for the injury. Plaintiff asked the jury for $146,018 in specials and $650,000 in non-economic damages.
The Result: After a four-day trial, the jury awarded $11,297 in economic damages and $1,500 in non-economic damages.
Binding Arbitration
Ramos-Gonzalez v. Poyser (04/23/2019)
Washington County Circuit Court Case No. 18CV18118
What Happened: This case involved a rear-end motor vehicle accident occurring on SW Barbur at the I-5 overpass. Plaintiff claimed that the accident changed their life making them unable to go to the gym and substantially limited their physical activities. Prior to trial, plaintiff would not accept less than $100,000.
The Result: After a three-day trial, the jury awarded $19,541.97 in economic damages and $5,000 in non-economic damages.
Jury Trial
Hunt v. Eisenzimmer (03/11/2019)
Multnomah County Circuit Court Case No. 18CV07301
What Happened: This case involved a four car rear-end motor vehicle accident, where plaintiff was the fourth car in line and sustained minor damage to her rear bumper and hatch. Plaintiff alleged cervical disc injury requiring future surgery, rib contusions, soft tissue spinal injuries, headaches and anxiety as a result of the accident. Plaintiff requested $106,852 in economic damages and $280,000 in non-economic damages. We served plaintiff with a $15,000.00 ORCP 54E offer of judgment prior to trial.
The Result: After a three-day trial, the jury awarded plaintiff $10,000 in non-economic damages. The verdict was less than our pre-trial offer of judgment.
Binding Arbitration
UIM Arbitration (01/16/2019)
What Happened: This was a single vehicle accident. The claimant was traveling east-bound on SW Barber when a driver in front of her made a sudden lane change. The claimant swerved off the road to avoid the driver and hit a tree. She alleged permanent injuries to her neck, shoulders, and right hip. She claimed $34,409.02 in medical expenses and $250,000 in non-economic damages. She demanded her UIM policy limits and never moved off her policy limits demand prior to arbitration.
The Result: The case proceeded to binding arbitration before a three arbiter panel. The arbitrators awarded $7,550.90 in UIM benefits.
Jury Trial
Szela v. Taitano (10/23/2018)
Washington County Circuit Court Case No. 17CV37428
What Happened: This case involved a low-speed, rear-end motor vehicle accident resulting in no vehicle damage. Plaintiff alleged cervical, thoracic and lumber sprain/strain and permanent intervertebral injuries and underwent surgery. Plaintiff asked the jury for $54,259.94 in economic damages and $150,000 in non-economic damages.
The Result: After a two-day trial, the jury returned an admitted liability defense verdict finding that defendant’s negligence did not cause any injury.
Jury Trial
Galloway v. Dishman (10/15/2018)
Multnomah County Circuit Court Case No. 17CV36999
What Happened: This case involved a disputed liability motor vehicle accident. This accident occurred when plaintiff turned left in front of defendant at Highway 26’s intersection with Haley Road in Boring, Clackamas County, Oregon. Defendant was in the left westbound lane when plaintiff turned left in front of her intending to go northbound on Haley Road. Defendant disputed liability. Defendant also admitted that plaintiff sustained injuries and damages from the accident but disputed the nature and extent of his claimed injuries and damages. Plaintiff asked the jury for $748,292.15 in economic damages for past medical expenses, future medical expenses, lost wages and permanent impairment of earning capacity and $1,000,000.00 in non-economic damages.
The Result: After a three-day trial, the jury returned a defense verdict finding that the defendant was not at fault.
Jury Trial
Rivas v. Rose (07/25/2018)
Multnomah County Circuit Court Case No. 17CV19488
What Happened: This case involved a mild sideswipe motor vehicle accident. Plaintiff alleged they sustained an annular tear and cervical strain, a median nerve contusion with right shoulder strain, back, neck and right shoulder injuries and headaches. Plaintiff asked the jury for $51,373.31 in economic damages and $95,626.69 in non-economic damages.
The Result: After a three-day trial, the jury returned an admitted liability defense verdict finding that defendant’s negligence did not cause any injury.
Jury Trial
Ford v. Guo (06/04/2018)
Multnomah County Circuit Court Case No. 16CV20286
What Happened: This case involved an accident in which our client struck plaintiff’s vehicle while they were sitting in their car without a seatbelt. Plaintiff claimed a torn rotator cuff, soft tissue injuries to her neck and back, and post-traumatic stress disorder. Plaintiff claimed permanent, on-going symptoms. She alleged $18,500 in medical bills and $150,000 in non-economic damages. We admitted liability, but denied the nature and extent of the injury. We served plaintiff with an $18,816.70 ORCP 54E offer of judgment prior to trial.
The Result: After a three-day trial, the jury awarded $10,000 in medical bills and $5,000 in non-economic damages. The verdict was less than our pre-trial offer of judgment.
Jury Trial
Thorson v. Choules (03/02/2018)
Clark County District Court No. 15C8392-3
What Happened: This head-on collision occurred at highway 503 and NE 244th in Battleground, WA. Plaintiff claimed permanent injury to his neck, which significantly interfered with his ability to run his business. Plaintiff alleged $4,381.39 in medical bills, $52,000 in lost income, and $250,000 in non-economic damages. We admitted that plaintiff was injured and that he incurred $4,381.39 in medical expenses. We disputed the lost income claim and the amount of non-economic damages.
The Result: After a one-day trial, the jury awarded $4,381.39 in undisputed medical bills and $12,000 in non-economic damages.
Jury Trial
Harris v. Carter (01/08/2018)
Clackamas County Circuit Court Case No. 16CV40435
What Happened: This was a wrongful death case. The minor plaintiff was pushing his elderly grandfather across 82nd Avenue in a wheelchair. The accident occurred on 12/21/14. It was dark and raining. Both plaintiffs were wearing dark clothing. The pedestrians were struck by our client’s van as he was driving down 82nd avenue. The minor plaintiff suffered broken arms. His grandfather suffered serious injuries and later passed away. Plaintiffs claimed they were crossing at an unmarked crosswalk and that all traffic, except for our client, stopped to allow them to cross. Our client disputed that plaintiffs were crossing in the unmarked crosswalk. Rather, our client contested that plaintiffs were walking down 82nd with their backs to his vehicle. Since it was dark and plaintiffs were wearing dark clothing, our client had no chance of stopping by the time he saw the pedestrians. The plaintiffs alleged over $1.2 million in damages.
The Result: After a three-day trial, the jury returned a unanimous defense verdict in favor of our client. Both parties presented accident reconstruction experts to support their version of the accident. During our diligent investigation, we were able to locate an independent witness that was not identified in any of the police reports. The witness confirmed our client’s version of the accident and the reconstruction performed by our expert.
Jury Trial
Pedraza v. Moen (12/18/2017)
Multnomah County Circuit Court Case No. 16CV28423
What Happened: This case involved a rear-end accident on I-84. Plaintiff alleged annular tearing and disc bulges at T7-8, annular tearing of the lumbar discs at L4-5 and L5-S1, traumatically induced carpel tunnel syndrome resulting in surgery, and a permanent/chronic neck strain. Plaintiff alleged $21,711.36 in past medical bills, $265,000 in future medical treatment (including future surgery), and $500,000 in non-economic damages. Plaintiff dropped his $400,000 impaired earning capacity claim shortly before trial. We admitted liability, but denied the nature and extent of plaintiff’s injuries. We offered plaintiff the $50,000 policy limits prior to trial, but plaintiff demanded damages in excess of the policy limits.
The Result: Following a three-day trial, the jury returned a verdict resulting in a $37,872.50 judgment.
Jury Trial
Ryan v. Riggert (10/16/2017)
Multnomah County Circuit Court Case No. 16CV28423
What Happened: This case involved an alleged car versus bicycle accident. We say alleged, because the client claimed that he never stuck plaintiff’s bicycle. Rather, he alleged that plaintiff claimed an impact following a disagreement about bicyclists’ right to use the road. Plaintiff alleged a hip injury with resulting sacroiliitis, with permanent residuals. She alleged $17,374.60 in medical bills and $36,710.00 in non-economic damages.
The Result: We appealed this case following an unfavorable mandatory arbitration result. Following a three-day trial, the jury returned a defense verdict in favor of the client.
Jury Trial
Antropova v. Murray (09/19/2017)
Washington County Circuit Court Case No. 16CV30168
What Happened: This case involved a rear-end collision on SW Beaverton-Hillsdale Highway. Plaintiff alleged soft-tissue neck and back injuries and asked the jury for $10,000 in non-economic damages.
The Result: After a three-day trial, the jury returned an admitted liability defense verdict finding that defendant’s negligence did not cause any injury.
Jury Trial
Frischman v. Sugg (7/11/2017)
Wasco County Circuit Court Case No. 1400135CC
What Happened: This case involved a disputed liability motor vehicle accident. Plaintiff was following the client on a snow packed road. Plaintiff claimed that our client pulled off to the left side of the road. As plaintiff attempted to pass, she claimed the client made a sudden, unexpected, and unsignaled right turn, striking her vehicle. Plaintiff claimed a torn hip labrum and a cervical disc injury. She alleged $30,266.75 in past medical bills, $96,000 in lost wages, and $475,000 in non-economic damages. We denied liability and denied that plaintiff was injured.
The Result: After a three-day trial, the jury returned a unanimous defense verdict finding that our client was not responsible for causing the crash.
Jury Trial
Howe v. Radio Cab (06/05/2017)
Multnomah County Circuit Court Case No. 15CV33850
What Happened: This was a bicycle versus cab accident. The accident occurred at dusk at the intersection of SE Oak and SE Sandy Blvd. in Portland. Our client cab driver pulled up to the intersection and came to a stop. He checked for traffic, but did not see plaintiff approaching on his bicycle. When our client pulled out from the intersection, the plaintiff bicyclist ran into the side of the cab. Plaintiff suffered lacerations to his face and a de-gloving injury to his lower lip/chin. He alleged $50,000 in past medical bills, $50,000 in future medical bills, $2,000 in wage loss, and $250,000 in non-economic damages. We admitted liability and admitted that plaintiff’s injuries and past medical treatment were related to the accident. We disputed the need for future treatment and the amount of non-economic damages.
The Result: Following a two-day trial, the jury returned a verdict for $66,000.
Jury Trial
Teachout v. Marshall (05/23/2017)
Clackamas County Circuit Court Case No. 16CV27223
What Happened: This case involved a motor vehicle accident that occurred on highway 212 in Damascus, Oregon. Plaintiff alleged the accident caused the need for two lumbar back surgeries at L4-L5. Plaintiff alleged $247,493.39 in medical expenses and $600,000 in non-economic damages. We admitted liability, but denied that plaintiff was injured in the accident.
The Result: After a four-day trial, the jury returned a unanimous admitted liability defense verdict finding that plaintiff was not injured in the accident.
Jury Trial
Stewart v. Radio Cab (05/01/2017)
Multnomah County Circuit Court Case No. 15CV25203
What Happened: Plaintiff was a passenger in the client’s cab when the cab left the road and struck a tree. Plaintiff alleged that she suffered a torn hip labrum that required surgery. Plaintiff further alleged that she would require a total hip replacement in the future. She claimed $72,693.27 in past medical expenses, $200,000 in future medical expenses, $100,000 in future impaired earning capacity, and $600,000 in non-economic damages. We admitted liability and further admitted that plaintiff’s hip surgery was caused by the accident. We admitted that plaintiff was entitled to the past medical bills, but disputed the plaintiff’s need for future hip replacement, that her future earning capacity was impaired, and disputed the amount of their non-economic damages.
The Result: Following a three-day trial, the jury awarded plaintiff $194,193.27 ($72,693.27 in undisputed medical bills, $25,000 in future medical treatment, $4,500 in lost wages, and $92,000 in non-economic damages).
Jury Trial
O’Dell v. Carey (09/26/2016)
Multnomah County Circuit Court Case No. 15CV04288
What Happened: This case involved a T-bone motor vehicle accident that occurred at the intersection of Sunnyside Road and Highway 212 in Damascus, Oregon. Plaintiff alleged that he suffered a neck injury that required surgery for a cervical arthroplasty at C5-C6. Plaintiff alleged $130,975.09 in medical bills and $250,000 in non-economic damages. We admitted liability, but denied that plaintiff was injured in the accident.
The Result: After a three-day trial, the jury returned an admitted liability defense verdict finding that plaintiff was not injured in the accident.
Jury Trial
Barber v. Otis Elevator (01/11/2016)
Multnomah County Circuit Court Case No. 14CV19756
What Happened: This case involved a disputed liability elevator accident. Plaintiff claimed she was injured when an elevator she was riding in abruptly stopped, causing her to injure her right shoulder, back and legs. The most significant injury she alleged was to her right shoulder, which included a right rotator cuff tear for which she had surgery. Defendant disputed plaintiff’s negligence allegations and denied that the incident caused plaintiff to sustain the injuries she alleged. Plaintiff alleged she sustained medical expenses in the amount of $36,445.34, wage loss in the amount of $20,268.03 and an unstated amount for future medical expenses. She also alleged $1.5 million in non-economic damages for pain in suffering.
The Result: After a five-day trial, the jury returned a defense verdict finding that the defendant was not at fault.