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2014 - First Quarter

Table of Contents
April 1, 2014

Trials This Quarter

MVA Trials

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. Verdict - $144,979.12.

Martin v. Fitton, Multnomah County Case No. 1206-07905

Plaintiff was hit in a T-bone style car crash.  The parties disputed who had the right of way at the intersection.  Plaintiff alleged sprains and strains to his back and neck, bruises and severe headaches and insomnia. Plaintiff sought $300,000 including $150,000 in non-economic damages. Verdict – $70,000.00.

Butterfield v. Furler, Multnomah County Case No. 1210-13437

Plaintiff was parked in a parking lot when her car was struck by Defendant who was trying to park next to her.  Plaintiff sought $119, 279.87 for past medical care including a cervical fusion, future medical care and lost income. Plaintiff did not seek non-economic damages. Verdict – $50,000.00.

Berereia v. Taylor, Multnomah County Case No. 1003-03193

This was a rear-end car accident case with claimed cervical disc injuries requiring two surgeries. The defense admitted liability but challenged whether the crash caused any injury to Plaintiff because she had a long history of prior related treatment. Verdict - $48,000.00

Logan v. Lown, Multnomah County Case No. 0301-00022

This was motor-vehicle accident case resulting soft-tissue neck and back injuries. The jury returned a verdict of the plaintiff. Verdict - $28,500.00

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. Verdict - $28,239.63.

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

This was a rear-end 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. Verdict - $14,919.70.

Harden v. Vo, Multnomah County Case No. 1302-02050

Plaintiff Harden claimed he was injured in a rear-end car accident caused by Defendant Vo. Harden alleged soft-tissue injuries to his neck and back. He sought $10,000 pursuant to ORS 20.080. Defendant Vo admitted liability but disputed the cause and degree of Harden’s injuries. Verdict – $826.45.

Soucie v. Wiens, Multnomah County Case No. 1302-02394

Rear-end car crash case where Plaintiff alleged injury to her neck and back including an exacerbation of a pre-existing injury.  Plaintiff sought $129,000 in medical expenses, future medical expenses and non-economic damages.  Defendant admitted liability but challenged causation and damages. Verdict – Defense Verdict.

Alvarez v. Gros, Multnomah County Case No. 1211-15225

Plaintiff Alvarez claimed that she suffered soft-tissue injuries when she was hit from behind by Defendant Gros. She claimed Goss was negligent for failing to keep a proper lookout. Alvarez sought $10,000 in damages pursuant to ORS 20.080. Gros admitted liability but denied that the crash caused Alvarez any injuries. Verdict – Defense Verdict.

Cettel v. Joseph, Multnomah County Case No. 1212-15392

Plaintiff Cettel was in a motor vehicle crash with Defendant Joseph. She alleged that the crash caused her soft tissue injuries to her neck and back. Defendant Joseph admitted liability but contested causation and extend of Plaintiff's damages. Verdict – Defense Verdict

Premises Liability 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

Vandezande v. Bay Vista Corp., Multnomah County Case No. 1302-02081

In this premises liability case Plaintiff slipped on ice at an apartment complex.  She tore her rotator cuff and damaged her ankle, foot, leg and arm.  She sought $32,679.47 in past medical expenses, $20,000.00 in future medical expenses, $11,000.00 in lost wages, $25,000.00 in diminished earning capacity and $195,000.00 in non-economic damages.  The jury found that both parties’ negligence caused Plaintiff’s injuries.  Negligence was apportioned 70% to Defendant and 30% to Plaintiff.  The jury’s verdict included $32,679.47 for past medical expenses, $13,905.00 for past wage loss and $3,000.00 in non-economic damages. The court then reduced the verdict by 30%. Verdict – $34,709.13.

Medical Malpractice Trials

Oliver v. OHSU, Multnomah County Case No. 1103-04084

This is a really sad case where a one year old boy had surgery due to undescended testicles. His parents, acting as his guardians ad litem, claim that they gave consent for a two stage surgery to move his testicles into place. During the surgery OHSU employees attempted to do the process all in the one surgery and complications led to the boy to lose his testicles.  The parents claim that they did not give consent for the all-in-one surgery. OHSU claimed that the parents gave unrestricted consent for the surgeons to use their surgical judgment and do what appeared to be in the boy’s best interests during the surgery. They argued that the outcome was one of the inherent risks of the surgery.  Plaintiffs sought $1,500,000.00. Verdict – Defense Verdict.

Abraham v. Blodgett, Multnomah County Case No. 1210-12386

Plaintiff Abraham had dental work performed by Defendant Blodgett. Abraham alleged that Blodgett injured him when he negligently replaced his damaged tooth with a dental implant.  Abraham sought $960,500 in damages. Verdict – Defense Verdict.

Other Trials

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. Verdict - $130,000.00.

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.

Farah v. Dirt and Aggregate Interchange, Multnomah County Case No. 1109-12050

In this road construction case, Plaintiff was injured after hitting a concrete barrier on Stark Street in Gresham.  The area where the crash took place was under construction.  Plaintiff claims that the City and it’s contractor were negligent for the manner in which traffic was diverted, in failing to adequately mark the concrete barrier,  light the area, or otherwise barricade the area to prevent a crash.  Plaintiff alleged multiple wrist and ankle fractures, a nose fracture, fractured ribs and sternum and soft tissue injuries.  Plaintiff sought $2,344, 955.00 in damages.   Both defendant’s were found at fault.  But Plaintiff was found more than 50% at fault for the crash and therefore barred from recovery per Oregon law. Verdict – Defense Verdict.

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