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2017 - First Quarter

April 1, 2017

Trial Numbers

  • MVA - Plaintiffs won 5/8.
  • Medical Malpractice - Plaintiffs won 0/2.
  • PIP Denial - Plaintiffs won 1/1.
  • Underinsured Motorist - Plaintiffs won 0/1.
  • Assault - Plaintiffs won 1/1.
  • Premises Liability - Plaintiffs won 0/1.
  • General Negligence - Plaintiffs won 0/1.

Notable Trials

Waggoner and Nelson v. Ferrellgas and Purvis, Multnomah County Case No. 15CV13339

Plaintiffs Waggoner and Nelson were stopped at a traffic light in Salem, Oregon when they were rear-ended by a large gas truck driven by Defendant Purvis while working for Defendant Ferrellgas.

Waggoner alleged injuries including post-concussion syndrome, bulging discs of the cervical and lumbar spine which required laser microsurgeries and will likely require future fusion surgery, headaches, TMJ dysfunction, vertigo, vision impairment and cognitive dysfunction.  He sought $209,335.40 in past medical expenses, $175,000 in future medical expenses and $346,111 for lost wages and lost future earning capacity. He also sought $500,000 for non-economic damages.

Nelson alleged injuries including a fractured spine at L1 and injury to his L5-S1 facet joint which has required ongoing ablation procedures and will likely require surgery. He sought $23,457.01 in past medical expenses, future medical expenses of $240,000, lost earning capacity of $225,000 and $500,000 in non-economic damages.

Defendants admitted that Purvis was in the scope and course of his employment and that he negligently caused the crash.  They acknowledged that both plaintiffs were injured but disputed the extent of their injuries, the need for any future care, their wage/earnings losses and the amounts of their non-economic damages.  They argued that the injuries were soft tissue and should have resolved in a short period of time.

Total Verdicts - $350,000 for Waggoner and $268,000 for Nelson.

Baker v. Dozier, Multnomah County Case No. 16CV05410

Plaintiff Baker and Defendant Dozier worked together in a shop that manufactures brake systems. Baker alleged that while they were at work, Dozier pointed a pistol and fired it at him.  Unbeknownst to Baker, the pistol was loaded with a blank round. Baker claimed that Dozier had a history with firearms and, as a convicted felon, should not have been in possession of one.  Baker alleged that the incident caused him emotional distress for which he sought $1,000 in economic damages and $100,000 in non-economic damages. Defendant Dozier claimed that the pistol was a toy cap gun and not a real firearm.

Total Verdict - $31,000.00

Schneider v. Farmers Insurance Company, Multnomah County Case No. 15CV32970

Plaintiff Schneider was walking along the side of a rural highway in central Oregon when she was hit by an underinsured motorist.  She settled for that driver’s $25,000 insurance policy limits and then brought this underinsured Motorist (UIM) case against her own insurance company. She alleged that the driver was going too fast, failed to yield the right of way, failed to keep a proper lookout and failed to swerve to avoid a collision. She claimed crash-related injuries to her head, neck, shoulder and spine. She sought $100,000 for past and future medical expenses, $26,203 for wage losses and $900,000 for non-economic damages.

Farmers Insurance denied that the underinsured driver was negligent. They claimed that Schneider’s own negligence caused the collision. They alleged she was negligent for walking on the paved portion of the road instead of the gravel shoulder and for not moving onto the shoulder when she saw the driver approaching.

Defense Verdict (60% Liability attributed to Plaintiff)

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