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2019 - Third Quarter

October 1, 2019

Trial Numbers

MVA - Plaintiffs won 6/9.

Premises Liability - Plaintiffs won 2/2.

Underinsured Motorist - Plaintiffs won 1/1.

Bicycle Injury - Plaintiffs won 1/1.

Notable Trials

Thomas v. Dillon Family Limited Partnership II et al., Multnomah County Case No. 18CV29986.

Plaintiff Thomas brought this action for personal injuries after she slipped and fell on water leaking from the refrigerator in the apartment she rented from Defendants. Plaintiff brought this claim under the Oregon Residential Landlord Tenant Act alleging that Defendants failed to provide appliances maintained in good repair at all times during the tenancy. She alleged that Defendants were aware of the refrigerator was leaking prior to her slipping and falling and had failed to make repairs. She claimed that the fall caused her to suffer herniated disks in her lower back.  She sought $24,721.89 for past medical expenses, $250,000 for non-economic damages, and attorney fees pursuant to ORS90.255.

Defendants claimed that they were unaware that the refrigerator was leaking and were therefore not responsible for the injury or Plaintiff’s alleged damages.  

Total Verdict -  $147,680.00. The Court also awarded $59,072.00 for attorney fees pursuant to ORS90.255.

Koenig v. State Farm Mutual Auto Insurance Company, Multnomah County Case No. 18CV26241

Plaintiff Koenig was a passenger in a vehicle involved in a crash with another car.  Plaintiff alleged that the crash caused her injuries to her right shoulder, rotator cuff, and cervical, thoracic, and lumbar spine with multiple herniated cervical discs. Plaintiff sought damages for medical expenses totaling $158,814.88 and for non-economic damages of $100,000. She brought this claim against her own insurance company for underinsured motorist benefits.  She also sought attorney fees pursuant to ORS 742.061.

Defendant admitted that the underinsured motorist was negligent and that Plaintiff was injured but disputed the nature and extent of Plaintiff’s injuries.  Defendant also denied that Plaintiff was entitled to attorney fees pursuant to ORS 742.061.  

Total Verdict - $82,734.41.  The Court did not award attorney fees.  

Post v. Hansen, Multnomah County Case No. 18CV28270.

Plaintiff Post was riding her bicycle westbound on NE Couch approaching NE Grand Avenue.  She was in the bicycle lane when Defendant Hansen, who was in her car driving the same direction, attempted to make a right turn without yielding to the bicycle lane.  Hansen struck Post knocking her to the ground.  Hansen was arrested at the scene for driving under the influence of intoxicants (DUII) and reckless driving.  Plaintiff alleged that she suffered a concussion and soft tissue injuries to her neck, back and shoulders that have caused her to now have chronic pain, poor sleep, and anxiety.  She sought $23,764.35 for past medical expenses, $886,265.00 for future medical expenses, $500,000.00 for non-economic damages, and  $100,000 for punitive damages.  

Defendant Hansen admitted fault for the accident but contested that Plaintiff Post’s injuries were caused by the accident and the amount of her damages.  

Total Verdict - $38,614.05.  

Valle v. Marshall, Multnomah County Case No. 18CV33185    

Plaintiff Vale was passing through an intersection in Portland when he was struck by a car driven by Defendant Marshall.  Vale argued that Marschall failed to yield the right of way.  Plaintiff Vale claimed that the crash caused him soft-tissue injuries to his neck, back and shoulder as well as a right labral tear.  He sought $13,371.48 for past medical expenses and $30,000 for non-economic damages.  

Defendant admitted liability but alleged that Plaintiff was also negligent for failing to keep a proper lookout.  

Total Verdict - $22,100.74 after 30% reduction for comparative negligence.  

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