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2015 - First Quarter

April 1, 2015

Trial Numbers

  • MVA - Plaintiffs won 5/5.
  • Pedestrian Injury - Plaintiffs won 1/3.
  • Premises Liability - Plaintiffs won - 1/1.
  • Medical Malpractice - Plaintiffs won 0/1.
  • Bicycle Injury - Plaintiffs won 0/1.
  • Dog Bite - Plaintiffs won 1/1.

Notable Trials

Travers v. Scheffer, Multnomah County Case No. 1401-00913

Plaintiff allege she was walking along a street in Portland when Defendant’s pit bull barked and charged her causing her to fall over a retaining wall as she fled. Plaintiff claimed injury from the dog attack including a fractured femoral condyle, torn ACL, torn meniscus and complex regional pain syndrome.  She sought damages including past medical expenses of $18,828.57, future medical expenses for knee surgery and related care totaling $63,817.00, diminished earning capacity of $102,253.00 and non-economic damages of $1,150,000.00.

Plaintiff established her negligence per se claim as a matter of law in a summary judgment hearing before trial. Defendant withdrew her comparative negligence claim and contested only damages at trial. Defendant argued against the earning capacity claim stating that Plaintiff was unemployed at the time of the incident and should have been able to work in some capacity after the injury.  Defendant contested the extent of the damages by showing surveillance video of Plaintiff grocery shopping three days before trial walking without her knee brace. Total Verdict - $404,044.75.

Christman v. Morse, Multnomah County Case No. 1310-14973

Plaintiffs, husband and wife, allege that Defendant ran a red light striking their car broadside in a T-bone style car accident. The husband alleged injuries including a concussion, cognitive disorders requiring speech therapy, shoulder impingement requiring surgery and neck and back strains/sprains. He sought $300,000 in non-economic damages, $27,679.45 in medical expenses and unspecified future medical expenses and lost business earnings.

The wife alleged injuries including strains/sprains to her shoulder, neck and back. She sought $150,000 in non-economic damages, $22,301.90 in medical expenses and $4,211.87 in lost wages. Defendant admitted liability but disputed causation and damages. Total Verdict - $103,060.40 (Husband) and $50,471.55 (wife).

Leighan v. Kreps, Multnomah County Case No. 1403-03341

Plaintiff alleged that he was on his bicycle heading eastbound on Fremont when Defendant suddenly turned his car left across plaintiff's lane causing a crash.  Plaintiff alleged that Defendant was negligent for failing to keep a proper lookout, speeding and failing to control his vehicle.  Plaintiff alleged injuries including a cervical disc herniation requiring surgery.  He sought damages for medical expenses of $53,353.57, lost income totaling $36,000.00 and non-economic damages of $250,000.

Defendant denied liability.  She alleged that Plaintiff was riding his bicycle between cars that were parked along the curb and cars that were backed up for traffic. She claimed Plaintiff rode his bicycle into the side of her car after she had begun to make her turn. She claimed Plaintiff was speeding, not keeping a proper lookout and did not exercise proper control of his bicycle. Defense Verdict.

O’Banion v. Rogers, Multnomah County Case No. 1304-05791

Plaintiff was inside a karate studio watching her child. She was seated on a bench with her back to a window that faced the parking lot. Defendant failed to stop her vehicle in the lot and instead accelerated through the window and hit Plaintiff.  Plaintiff’s alleged injuries included multiple herniated discs that required surgery. Plaintiff sought recovery for medical expenses of $56,309.28, lost wages of $12,813.24, future medical expenses of $40,000.00 and non-economic damages of $450,000.00.

Defendant admitted liability but contested damages. Total Verdict - $46,927.92

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