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2016 - Third Quarter

October 1, 2016

Trial Numbers

  • MVA - Plaintiffs won 11/12.
  • Underinsured Motorist - Plaintiffs won 2/2.
  • Bicycle Injury - Plaintiffs won 0/1.
  • Workplace Injury - Plaintiffs won 1/1.
  • Pedestrian Injury - Plaintiffs won 0/1.
  • Premises Liability - Plaintiffs won 1/1.

Notable Trials

Nelson v. Safeco Insurance Company of Oregon, Multnomah County Case No. 15CV14729

Plaintiff Nelson was injured when he was crossing a street on his bicycle.  He was in a crosswalk when he was hit by a driver who ran a red light.  He resolved his case against the at-fault driver for policy limits and brought this case for underinsured motorist benefits.  He alleged crash-related brain injuries.  He sought the remaining limit of the underinsured motorist policy ($400,000) as well as attorney fees pursuant to ORS 742.061.

Defendant Safeco disputed the extent of Nelson’s injuries.

Total Verdict - $633,000.00.

Schultes v. Clearwater LLC, Multnomah County Case No. 1306-08124

In 2011 Plaintiff Schultes was in a car on in the I-84 to I-5 interchange when she was rear ended by a driver working for Defendant Clearwater LLC.  Schultes alleged accident-related injuries to her back and neck. She had surgery on her back in 2016 which she related to the crash.  She sought $97,381.46 in past and future medical expenses, $15,792.70 in past and future wage losses and $835,000.00 in non-economic damages.

Defendant Clearwater admitted liability but denied causation and the extent of Schultes’ damages. They argued that Schultes had a long history of back problems that predated the crash.

Total Verdict - $509,835.74.

Vaughn v. Sunset Auto Parts and Schnell, Multnomah County Case No. 15CV17358

Plaintiff Vaughn was driving on Highway 30.  Defendant Schnell was driving on an intersecting road for his employer Defendant Sunset Auto Parts. Schnell failed to stop for a stop sign and pulled directly in front of Vaughn causing a crash. Vaughn alleged crash-related injuries including cervical, thoracic and lumbar strains and sprains, contusions and chest wall muscle strains. She sought $15,435.70 in medical expenses, $7,372.80 in lost income, $75,000.00 in future impaired earnings and $125,000 in non-economic damages.

Defendants admitted liability for the crash and that Vaughn suffered some injury but contested the extent of the injury.

Total Verdict - $197,808.50.

Nybakken v. Mongrain, Multnomah County Case No. 15CV17328

Plaintiff Nybakken was walking on a sidewalk on NE 40th Street abutting property owned by defendant Mongrain. She tripped on a piece of the sidewalk that was elevated and fell, breaking her wrist. She had to have surgery to repair the wrist and complications required several days of hospitalization. Nybakken alleged that Mongrain is responsible for the maintenance of the sidewalk and failed to do so.  She sought $43,542.06 for past medical expenses, $5,380 for future medical expenses and $500,000 for non-economic damages.

Mongrain denied liability. He claimed that he had not lived at the home since 2007 and neither his renters nor the city had ever notified him of any sidewalk defect.  He also claimed that Nybakken was responsible for her own injury for failing to keep a proper lookout.

Total Verdict - $104,924.34. This is after a 35% reduction for comparative negligence.

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