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2015 - Third Quarter

October 1, 2015

Trial Numbers

  • MVA - Plaintiffs won 6/8.
  • Premises Liability - Plaintiffs won 2/2.
  • Bicycle Injury - Plaintiffs won 1/2.
  • Underinsured Motorist - Plaintiffs won 2/2.
  • PIP Denial - Plaintiffs won 1/1.
  • Medical Malpractice - Plaintiffs won 0/2.
  • General Negligence - Plaintiffs won 1/1.

Notable Trials

Smith v. Reynolds School District, Multnomah County Case No. 14CV05314

Plaintiff Smith was a student in the fifth grade at Margaret Scott Elementary School.  He suffers from Muscular Dystrophy. Defendant school district signed an Individualized Education Plan (IEP) which directed that Smith have close standby supervision while walking. The reason for the IEP was the understanding that in Smith’s condition, a fall could cause a leg fracture which might prevent him from ever walking again. Approximately one month after the IEP was implemented, Smith fell while walking to his desk and fractured his femur. Smith has not walked since. Plaintiff claims that the district was negligent for not following the IEP and offering close standby supervision. Plaintiff sought $800,000 in non-economic damages. Defendant denied liability and asserted comparative negligence and that Plaintiff failed to mitigate his damages. Total Verdict - $800,000.00

Daniels v. Allstate, Multnomah County Case No. 1104-05348

Plaintiff Daniels was hit in a rear-end car crash in 2009.  He settled with the at-fault driver for policy limits ($100,000.00).  Daniels brought this action for underinsured motorist benefits against his own insurance company.  He claimed he suffered injuries including a C6-7 disc injury which required surgery.  He sought medical bills totaling $112,048.35, wage losses of $10,000.00 and $250,000.00 in non-economic damages.

Defendant Allstate contested the nature and extent of Daniels’ injuries.  They argued that Daniels’ neck injury was pre-existing.

Total Verdict - $162,484.35

Owens v. Metereaders LLC et al., Multnomah County Case No. 14CV06630

Plaintiff Owens was a pedestrian walking on a sidewalk that had an underground water meter box below it. The box was installed flush to the sidewalk with a removable cover to allow access to the meter.  When Owens stepped onto the cover it moved due to structural defects and caused Owens to fall.  She suffered injuries to her cervical spine and shoulder, including a fractured humerus. Her injuries required surgical repair.  She brought this lawsuit against Metereaders LLC, the company responsible for reading and inspecting the meters, for failing to adequately inspect the meter box and report the need for maintenance to the City of Troutdale.  She also sued the City of Troutdale for failing to inspect and maintain the meter box. Plaintiff sought $149,000.00 in past medical expenses and $1,500,000.00 in non-economic damages.

Defendant Metereaders LLC denied liability and asserted comparative negligence, claiming that Owens failed to keep a reasonable lookout for the dangerous conditions and failed to walk in a reasonably careful manner.

Defendant City of Troutdale also asserted affirmative defenses including comparative fault (failing to keep a proper lookout), recreational immunity (ORS 105.672-ORS 105.696) and discretionary immunity.  They also brought cross-claims against Metereaders LLC for breach of contract.  They contended that Metereaders LLC failed to report the defect as required in their contract.

Total Verdict - $145,746.70 (after 45% reduction for comparative negligence).

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