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2014 - First Quarter

April 1, 2014

Trial Numbers

There were nineteen personal injury trials in the first quarter of 2014. The trials included:

  • MVA - Plaintiffs won 8/11.
  • Premises Liability - Plaintiffs won 2/3.
  • Medical Malpractice - Plaintiffs won 0/2.
  • Sexual Assault - Plaintiffs won 1/1.
  • PIP Denial - Plaintiffs won 1/1.
  • Negligent Roadway Design - Plaintiffs won 0/1.

Notable Trials

Garrison v. US Bank, Multnomah County Case No. 1211-14761

Plaintiff Garrison slipped and fell on ice and snow in the parking lot of Defendant’s business.  Her fall resulted in a dislocated ankle that required surgery. Defendants disputed liability but ultimately the jury returned a verdict for the plaintiff. The verdict included $21,583.00 in past medical expenses, $20,000.00 in future medical expenses, $4,968.00 in past lost wages and $100,000 in non-economic damages. Total Verdict - $146,551.00

Gallegos v. Broadway Cab, Inc., Multnomah County Case No. 1212-16239

Plaintiff alleged that a cab driver for defendant’s company repeatedly sexually assaulted her when she was a paying passenger in the cab.  The cab driver had already been convicted of Attempted Sexual Abuse I for the conduct once the civil case went to trial.  Plaintiff sought $1 million in non-economic damages and $110,000 in economic damages. The jury awarded non-economic damages of $130,000 and no economic damages. Total Verdict - $130,000.00

Himes v. Wilson, Multnomah County Case No. 1209-11935

The allegations in this case were that plaintiff stopped on Highway 30 to assist a driver that had been involved in a single car crash and ejected into the roadway.  Another driver had stopped his van to shield the injured person from oncoming traffic.  Plaintiff also stopped to assist.  Defendant approached the area and tried to drive around the van and past a man waving his arms for him to stop.  Defendant hit the van, ran over the legs of the injured person and hit plaintiff.  Defendant then left the scene of  the incident.  Plaintiff alleged permanent crush injuries to several muscles that help support her weight and move her body.  Past medical bills were alleged at $33,434.12, future medical bills of $11,545.00 and non-economic damages of $500,000. Total Verdict - $144,979.12.

Mulflur v. Hoshibata, Multnomah County Case No. 1212-16336

Rear car accident case where Plaintiff Mulflur alleged that he suffered injuries including: concussion, an embolism and thrombosis in his right leg, pyogenic arthritis of the leg requiring hospitalization and a subsequent infection. Mulflur sought $2,958,050 for past and future medical bills (including future knee replacement), lost earnings and non-economic damages. Total Verdict - $14,919.70.

Warzynski v. Reel, Multnomah County Case No. 1301-01449

Plaintiff was struck head-on by a defendant who was intoxicated at the time of the crash.  Plaintiff alleged past medical bills of $18,644.63, future medical bills of $63,500.00, non-economic damages of $350,000 and punitive damages of $25,000.  The jury returned a verdict that included $15,739.63 in past medical bills, no future medical bills, $12,000 in non-economic damages and $500 in punitive damages. Total Verdict - $28,239.63.

Nunez v. State Farm, Multnomah County Case No. 1210-13554

This is a breach of contract case related to the defendant cutting off PIP benefits to the plaintiff.  Plaintiff claimed that his treatment and bills were reasonable and necessary and therefore defendant breached the contract when medical bills were denied for payment by defendant. The jury agreed that the denied medical bills were for reasonable and necessary crash related care. The court then awarded $17,790.00 for attorney fees pursuant to ORS 742.061.

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