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2017 - Fourth Quarter

Table of Contents
January 1, 2018

Trials This Quarter

Dog Bite / Attack Trials

Halseth v. Lieurance, Multnomah County Case No. 16CV36264

Defendant Lieurance took in a lost pit bull that was out on the street while at the same time trying to find the dog’s owner.  Lieurance claimed the dog was always friendly around his family in the short time they possessed the dog.  Plaintiff Halseth came to Lieurance’s house as a guest and was attacked by the dog. The attack caused  significant facial wounds that also affected his vision. He claimed that Lieurance was negligent for failing to restrain the dog and failing to warn him about the dog. He sought $52,108 for past medical expenses, $50,400 for future medical expenses, and $675,000 for non-economic damages. Defendant Lieurance claimed that that the dog had not showed any aggression prior to the attack and that Plaintiff provoked the dog. Defense Verdict.  

Bicycle Trials

Doyle v. LaRowe, Multnomah County Case No. 16CV25772

Plaintiff Doyle was riding his bicycle with a friend on the paved Springwater trail when defendant LaRowe attempted to pass on the left. Doyle alleged that LaRowe attempted to pass without warning and where there was insufficient room to do so. He said LaRowe collided with his handlebar causing him to crash and suffer significant injuries including a fractured pelvis, fractured clavicle, multiple rib fractures, and a concussion. Plaintiff sought $23,252.04for past medical expenses, $3,500.00 for property damage, and $300,000.00 for non-economic damages. Defendant LaRowe claimed that he rang a bell on his bicycle indicating that he was overtaking Plaintiff and that Plaintiff moved to the right indicating he had heard the warning. Then as La Rowe was passing Plaintiff moved suddenly back to the left side of the trail colliding with Defendant LaRowe’s bicycle and causing the crash. Defense Verdict.

Randall v. American Medical Response, Multnomah County Case No. 16CV15837

This case involved the collision of an ambulance and a bicycle. The cyclist was badly injured and later took her own life. Plaintiff Randall was the personal representative of the estate of the cyclist. Randall sued American Medical Response (AMR) alleging that the AMR driver was negligent for not keeping a proper lookout and not staying within her lane. Randall sought $249,005.77 for past medical expenses and $250,000 for non-economic damages. Defendant AMR denied liability and argued that the crash happened when the cyclist got her tire caught in the Max light rail train track, causing her to fall into the passing ambulance. Defense Verdict.

Ryan v. Riggert, Multnomah County Case No. 16CV17886

Plaintiff Ryan was a bicyclist stopped at a red light in SE Portland when she was hit from behind by a car driven by Defendant Riggert.  Ryan alleged crash-related injures including sacroiliitis.  She sought $17,374.60 for past medical expenses and $36,710.00 for non-economic damages. Defendant Riggert denied that a collision occurred between his vehicle and Ryan’s bicycle. Defense Verdict.

MVA Trials

Pedraza v. Moen, Multnomah County Case No. 16CV28423

Plaintiff was driving westbound on I-84 in the right lane when Defendant Moen suddenly changed from the left westbound lane into the right lane causing a crash between the cars. Plaintiff alleged that the crash caused injury to Plaintiff including T7-8 disc protrusion, lumbar annular tears and bilateral carpal tunnel. Plaintiff sought $21,711 for past medical expenses, $245,000 for future medical expenses, and $500,000 for non-economic damages. Defendant admitted negligence but disputed that his negligence caused Plaintiffs injuries and he also contested the alleged damages. Verdict - $50,000.00.

Miller v. Walker and Ickler, Multnomah County Case No. 16CV22848

Plaintiff Miller was stopped for a red light when she was rear-ended by Defendant Walker, who was then rear-ended by Defendant Ickler, causing a second impact to Miller. Miller alleged that both defendants were negligent for driving too fast and failing to keep a proper lookout. She alleged crash-related injuries including a concussion and neck/back/shoulder soft-tissue injuries.  Miller sought $32,000 for past medical expenses and $70,000 for non-economic damages. Both defendants denied liability and also contested the cause and severity of Miller’s injuries. Verdict – $29,940.00 - 100% attributed to Walker.

Chand v. Close, Multnomah County Case No. 16CV29394

Plaintiff Chand was rear-ended by Defendant Close as he stopped for traffic on Highway 26 near the Vista Ridge Tunnel. Plaintiff alleged that he sustained severe tearing and disruption of his neck muscles. He sought $6,046.58 for past medical expenses and $50,000.00 for non-economic damages. Defendant Close admitted liability and that the crash caused some injury to Chand but disputed the extent of Chand's damages. Verdict - $13,046.58.

Zhang v. McMahon, Multnomah County Case No. 16CV27068

Plaintiff Zhang was stopped for a red light in downtown Portland when he was rear-ended by Defendant McMahon. Zhang claimed accident-related neck and back soft-tissue injuries. He sought $6,272.00 for past medical expenses and $9,457.99 in non-economic damages. McMahon denied liability. She claimed Zhang stopped suddenly and for no reason. She also contested causation and damages. Verdict – $11,363.66.

Bennett v. Gaitz, Multnomah County Case No. 16CV22510

Plaintiff Bennett was a passenger in a car that was stopped for traffic when it was rear-ended by Defendant Gaitz. Bennett alleged that the crash caused her injury to her lumbar discs, facet joints to the muscles, tendons, and ligaments of her neck and back. She sought economic damages totaling $437,344.00 and $380,000.00 for non-economic damages. Defendant Gaitz admitted liability but disputed that Bennett was injured in the crash. Defense Verdict.

Premises Liability Trials

Overgaard v. Christine Millner Oriental Rugs, Inc., Multnomah County Case No. 16CV33803

Plaintiff Overgaard alleged that she was shopping in Defendant's store when a stack of rugs toppled in her direction causing her to fall backwards and land on her tailbone. She left the store thinking she was OK. She sought medical care several days later and ultimately claims that she suffered injuries to her tailbone and neck which have led to her chronic pain and associated anxiety and depression. She brought this case against defendant and sought $3 Million in non-economic damages. Defendant claimed that Overgaard was responsible for her own injury because she fell due to not paying attention to where she was walking and tripping over her own feet. Defense Verdict.

Eddy v. Buenos Dias, LLC, Multnomah County Case No. 16CV31327

Plaintiff Eddy was a guest in Defendant Buenos Dias’ restaurant. As she went to leave, she tripped over a portion of carpet that was upturned and used by the restaurant to prop open their front door.  She claimed that the lighting was poor in the area. She brought this action for allowing a dangerous condition to exist on the property and failing to warn patrons of the danger. Eddy alleged that she fell and suffered injuries including: broken teeth, facial laceration and scarring as well as a concussion.  She sought economic damages for past and future medical expenses, wage losses and impaired earning capacity totaling $250,000. She also sought $600,000 for non-economic damages. Defendant Buenos Dias denied liability. They argued that Eddy was responsible for her own injuries for failing to keep a proper look out. Defense Verdict.

McIntosh et al. v. Butler et al., Multnomah County Case No. 16CV29450

Plaintiffs rented a property from Defendants. Plaintiffs alleged that Defendants knew or should have known that conditions on Defendants’ property caused elevated lead levels and health risks to the occupants. Plaintiffs allege that the elevated lead levels caused injury to the minor plaintiff including debilitating physical injuries as well as mental and emotional injuries. Plaintiffs sought a combined total of $4,625,000.00 in damages. Defendant denied all Plaintiffs claims. Defense Verdict on all injury claims. Plaintiffs won their claims for wrongful eviction.

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