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2014 - Third Quarter

October 1, 2014

Trial Numbers

There were eighteen personal injury trials in the third quarter of 2014. The trials included:

  • MVA - Plaintiffs won 9/11.
  • Excessive Force - Plaintiffs won 1/2.
  • Negligent Security - Plaintiffs won 1/1.
  • Bicycle - Plaintiffs won 1/1
  • Worksite Injury - Plaintiffs won 1/1.
  • Premises liability - Plaintiffs won 1/2.

Notable Trials

Jermann v. Best Buy, Multnomah County Case No. 1307-10039

Plaintiff was at a local Best Buy store in an aisle shopping when a Best Buy employee dropped a box off of an upper shelf striking plaintiff on the head and causing injury.  Plaintiff alleged injuries including: constant headaches, loss of sleep, tinnitus, concussion, post concussion syndrome, neck compression and contusions.  Plaintiff sought $16,000 in medical expenses, future medical expenses, $20,000 in loss of household services, $50,000 in loss of future earning capacity and $1,250,000 in non-economic damages. Defendant admitted liability and causation but contested damages. Total Verdict - $1,003,842.37 of which $600,000 were non-economic damages.

Proctor v. WW Metal Fab HG Inc. et al., Multnomah County Case No. 1212-15964

Plaintiff was operating a hydraulic press at work when he crushed his left hand resulting in injuries including an amputated finger. Plaintiff alleged that defendant’s company was responsible for implementing a safety plan, procedures, and training employees on the safe usage of the press.  Plaintiff sought economic damages totaling $750,000 and non-economic damages totaling $1,000,000. Defendant alleged affirmative defenses including negligent operation of the equipment on plaintiff’s part. The jury attributed 5% comparative negligence to plaintiff. Total Verdict - $686,165.19.

Cox v. City of Portland, Multnomah County Case No. 1304-05070

In this police use of force case, Plaintiff was stopped by Portland Police for speeding and an investigation for DUII was begun. Plaintiff alleged that when police took him into custody they used excessive force including shocking him multiple times with a Taser and punching him repeatedly in the face. He alleged injuries including an aggravation of a prior shoulder injury which he claimed would prevent him from continuing in his current occupation. He sought $562,129.21 in damages of which $400,000 were non-economic damages. The defense argued that the officers did not use excessive force and that plaintiff had resisted and fought them requiring them to use the amount of force used. The incident was captured by a business’ surveillance video camera. Total Verdict - $526,129.21.

Brannon v. Clark County Public Transit, Multnomah County Case No. 1307-09359

Plaintiff was a passenger on a C-Tran bus when it crashed into another vehicle.  Plaintiff alleged aggravation to a lower back disc injury that required surgery, aggravation to a knee injury which required surgery and soft tissue injury to her neck, back, shoulder, hip and ankle. Plaintiff sought $250,000 for medical expenses, $50,000 for past and future wage losses and $1,000,000 in non-economic damages. Defendant admitted liability but disputed causation and damages. Total Verdict - $170,000 of which only $20,000 were non-economic damages.

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