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2019 - Third Quarter

Table of Contents
October 1, 2019

Trials This Quarter

Bicycle Trials

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. Verdict - $38,614.05.  

MVA Trials

Horowitz v. Perez-Flores, Multnomah County Case No. 18CV30608

Defendant Perez-Flores rear ended Plaintiff Horowitz on Lombard Street. Horowitz alleged that the crash caused her injury to her neck, back, a concussion and aggravation of pre-existing anxiety. She sought $6,495.00 for medical expenses, $4,396.00 for property damage, and $75,000 for non-economic damages. Defendant Perez-Flores only contested the degree of Horowitz's damages. Verdict - $44,365.00.

Everett v. Schmautz, Multnomah County Case No. 18CV22488

Plaintiff Everett was rear ended by Defendant Schmautz as she waited to merge onto the Ross Island Bridge. Mrs. Everett had a child by C-section two months prior to the collision. She alleged that she struck her head, sustaining a mild concussion, bruised her left hip and due to the position of her body at the time of the collision sustained injuries to her pelvis, neck and back due to Mr. Schmautz's negligence. Everett sought $150,000.00 for past and future medical expenses and future impaired earnings capacity, plus $200,000.00 for non-economic damages. Defendant admitted liability but contested the nature of Plaintiff's injuries and her damages. Verdict - $30,000.00.

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

Plaintiff Vale was driving 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. Verdict - $22,100.74 after 30% reduction for comparative negligence.  

Jennings v. Orlov, Multnomah County Case No. 18CV29007

Defendant Orlov rear ended Plaintiff Jennings on SE Harold Street. Jennings claimed that the crash caused him to suffer soft-tissue injuries to his back and leg, and a concussion. He sought $4,561.02 for damage to his vehicle and $5,438.98 for non-economic damages as well as legal fees pursuant to ORS 20.080. Defendant Orlov alleged that Jennings was the cause of the crash by pulling out in front of Orlov's vehicle suddenly and without warning. Verdict - $4,113.65 after 35% reduction for comparative negligence.

Galdarisi v. Ashley, Multnomah County Case No. 18CV38501

Defendant Ashley rear ended Plaintiff Galdarisi on Lombard Street. Galdarisi claimed crash-related soft-tissue injuries to her back, neck and shoulder. She sought $45,000.00 for non-economic damages. Defendant Ashley argued that the crash did not cause any injury. Verdict - $2,000.00.

Farley v. Flow Enterprises et al., Inc. Multnomah County Case No. 17CV33388

Plaintiff Farley was taking her car through an automated car wash operated by Defendant Flow Enterprises when she was hit from behind by a car driven by Defendant Kim. Kim failed to put his car in neutral. Plaintiff alleged Kim was negligent for failing to put his car in neutral and Flow Enterprises was negligent for failing to stop the automated car wash when the attendant realized Mr. Kim failed to put his car in neutral. Farley claimed the crash caused her to suffer a traumatic brain injury with visual and speech impairment, and thoracic outlet syndrome. She sought $1,695,000.00 for past and future medical care, and lost earning capacity plus $3,150,000.00 for non-economic damages. Defendant Kim admitted that he caused the impact by failing to put his car in neutral but disputed that Farley suffered any injury in the incident. Defendant Flow Enterprises denied liability. Defense Verdict.

Pilling v. Melkor and Harold, Multnomah County Case No. 14CV19934

Plaintiff Pilling was in a car accident with Defendant Melkor. Pilling claimed that Melkor caused the crash by failing to keep a proper lookout. Pilling claimed the crash caused him multiple soft-tissue injuries and aggravated a pre-existing brain injury. He sought $16,314.80 for medical expenses and $200,000.00 for non-economic damages. Melkor claimed the crash was Pilling's fault for speeding and failing to yield when entering a roadway. Defense Verdict.

Redwine v. Brooking, Multnomah County Case No. 18CV38382

Plaintiff Redwine and Defendant Brooking were in a car accident at the intersection of NE Clackamas Street and NE 60th Avenue. Redwine claimed that Brooking was responsible for the crash because she signaled to turn but then went straight through the intersection. She sought $10,000.00 and attorney fees pursuant to ORS 20.080. Defendant Brooking argued that Redwine was responsible for the crash for speeding and failing to obey a traffic control device. Defense Verdict.

Premises Liability 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.  Verdict - $147,680.00. The Court also awarded $59,072.00 for attorney fees pursuant to ORS 90.255.

Sherman v. Fred Meyer Stores, et al, Multnomah County Case No. 18CV24377

Plaintiff Sherman was shopping at Defendant Fred Meyer's store when she pulled the handle on a bulk food bin, the way she always does, when it fell on top of her. She alleged that she suffered a closed head injury and visual impairment as a result of the incident. She claimed that Fred Meyer was negligent for failing to inspect the bin to make sure it was stable. She sought $21,315.50 for medical expenses and lost wages and $500,000 for non-economic damages. Fred Meyer alleged that Sherman was negligent for failing to properly use the bin. Verdict - $15,239.26 after 46% reduction for comparative negligence.

UM/UIM Trials

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

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