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2016 - Second Quarter

July 1, 2016

Trial Numbers

MVA - Plaintiffs won 7/9.

Medical Malpractice - Plaintiffs won 1/3.

Pedestrian Injury - Plaintiffs won 2/2.

Products Liability - Plaintiffs won 2/2.

FELA - Plaintiffs won 1/1.

Bicycle Injury - Plaintiffs won 1/1.

Premises Liability - Plaintiffs won 1/1.

Notable Trials

Busch v. McInnis Waste Systems Inc., Multnomah County Case No. 15CV13496

Plaintiff Busch was walking in a crosswalk in downtown Portland when Defendant McInnis Waste Systems’ driver struck him with a garbage truck.  The impact caused injuries including the amputation of Busch’s leg from above the knee.

Defendant admitted liability for failing to obey a traffic control device.  Defendant contested the amount of Mr. Busch’s damages.

Verdict - $13,921,922.00.

Haveman v. Oregon Emergency Physicians et. al., Multnomah County Case No. 1404-04430

Plaintiff was transported by ambulance to Providence St. Vincent after collapsing at home and becoming unresponsive. Defendants misinterpreted CT scans results as negative and suspected Plaintiff was having an emotional episode. It was not until more than eight hours later that defendants correctly diagnosed a stroke.  The delay resulted in her not being a candidate for many treatment options including clot busting medication. Plaintiff claimed that Defendants were negligent in failing to promptly diagnose the stroke. She sought $100,000 in past medical expenses, $1,000,000 in impaired earning capacity and $4,000,000 in non-economic damages.

Defendants denied both negligence and causation.

Total Verdict - $3,720,000.00.

Eastridge v. Mar-Dustrial Sales Inc. Multnomah County Case No. 15CV18697

Plaintiff Eastridge alleged that he was exposed to asbestos products manufactured, supplied and distributed by defendants while working at a saw mill in the 1970s.  He was diagnosed with mesothelioma in 2015.  He sought economic damages for medical bills and expenses totaling $1,000,000.  He also sought $9,000,000 in non-economic damages.  His wife sought economic damages for loss of consortium totaling $2,000,000 and non-economic damages totaling $6,000,000.

Defendant denied liability.  Several other defendants settled before trial.

Total Verdict - $1,100,000.00

Hoff v. Kaiser Gypsum Company, Multnomah County Case No. 15CV23996

Plaintiff Hoff alleged that he was exposed to asbestos products manufactured, supplied and distributed by Defendant while working at various construction jobs from 1972-2013.  He was diagnosed with mesothelioma in 2015.

Defendant denied liability.  Several other defendants settled before trial.

Total Verdict - $3,062,500.00.

Verdict was $8.75 Million but 35% liability was attributed to defendant and the remainder was attributed to settling parties.

Armstrong-Stevenson v. Safeway, Inc., Multnomah County Case No. 15CV04913

Plaintiff Armstrong-Stevenson was shopping in the St. Helens, Oregon Safeway when he slipped on spilled liquid laundry detergent and fell.  The fall caused a fractured femur that required surgical repair. Plaintiff alleged that Safeway was negligent for failing to warn customers of the slippery surface and rope-off the area to prevent such a fall. He also alleged that the conduct was wanton and intentional and therefore sought punitive damages. He sought $102,578.00 in past and future medical expenses, $525,000.00 in non-economic damages and $1,000,000.00 in punitive damages.

Defendant argued that their employees acted reasonably when they discovered the spill. They alleged that an employee immediately went to get a mop to clean the spill, and that it was during the one minute that the employee was gathering supplies that Plaintiff’s fall occurred.

Total Verdict - $1,627,578.00

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