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2017 - Second Quarter

Table of Contents
July 1, 2017

Trials This Quarter

Bicycle Trials

Howe v. Yusuf and Radio Cab Co., Multnomah County Case No. 15CV33850

Plaintiff Howe was riding a bicycle near SE Oak Street and Sandy Boulevard when Defendant Yusuf pulled out into the road without yielding and caused a collision. Yusuf was driving for Radio Cab at the time of the crash.  Howe alleged that Yusuf failed to yield the right of way. He alleged crash-related injuries including a deep facial laceration with permanent scarring and loss of sensation, along with a variety of minor injuries to other body parts. He sought $785,000 for non-economic damages. Defendants admitted liability and that the crash caused some injuries to Howe but contested the extent of his damages. Verdict - $66,000.00.

Medical Malpractice Trials

Bell v. Fred Meyer Stores, Multnomah County Case No. 15CV19618

Plaintiff Bell was given a prescription for clomiphene by her fertility doctor.  She took the prescription to Defendant Fred Meyer’s pharmacy. Bell was errantly given clomipramine, an anti-depressant.  She took one dose and began to feel the effects before realizing the medication was incorrect.  Bell alleged that Fred Meyer was negligent in filling her prescription.  She alleged that the negligence caused her pain, shock, sleeplessness, fear, nausea, balance issues and the lost opportunity to conceive a child as her fertility treatments were put on hold.  She also alleged that she lost her job as a consequence of this incident.  She sought $30,000 for past and future medical expenses, $150,000 for lost income and $500,000 for non-economic damages. Fred Meyer admitted liability but disputed that any injury occurred from taking one therapeutic dose of an anti-depressant. Verdict – $10,000.00.

Gardner v. OHSU et al., Multnomah County Case No. 15CV02134

This case was brought by the personal representative of the estate of a woman who committed suicide in 2014. The woman was a patient of a doctor at OHSU and sought counseling from a Defendant counselor. Plaintiff alleged that at the time of the suicide, both Defendants were aware that the woman had purchased a gun and expressed her intention to commit suicide. Plaintiff alleges Defendants were negligent for failing to take steps to ensure the gun was no longer in the deceased woman’s possession. They allege the doctor and OHSU were negligent for failing to initiate involuntary hospitalization proceedings, failing to put a psychiatric hold on the deceased, failing to discontinue her medication and failing to implement an adequate safety plan.  They allege the counselor was negligent for failing to take an adequate mental health history and failing to implement an adequate safety plan. The estate sought $1,500,000 for the beneficiaries. Defendants both denied any liability and alleged that the deceased herself was negligent for telling her providers she was not suicidal, not giving up the gun and not alerting family members of her plan. Defense Verdict.

MVA Trials

Stewart v. Radio Cab Company et al., Multnomah County Case No. 15CV25203

Plaintiff Stewart was a passenger in Defendant Radio Cab’s car. The driver lost control of the vehicle, went off the road and hit a tree.  Stewart claimed that Radio cab’s driver was negligent for speeding and failing to maintain a proper lookout.  Stewart claimed crash-related injuries to her hips, shoulder, neck, back, foot, leg, knee and ribs including a CAM deformity and labral tear to her hip which required surgery. She sought $250,000 for past and future medical expenses, $100,000 for lost income and earning capacity and $600,000 for non-economic damages. Radio Cab admitted liability and that Stewarts pre-existing CAM deformity was aggravated.  They also admitted that related past medical costs were reasonable and necessary.  They denied that there was any need for future medical care or that there was any future wage loss or loss of earning capacity. Verdict - $189,338.44.

Knudson v. Mitchell, Multnomah County Case No. 16CV14027

Plaintiff Knudson was driving east towards an intersection while Defendant Mitchell approached from the west. Mitchell suddenly took a left turn across Knudson’s lane, causing a crash.  Knudson alleged Mitchell was negligent for failing to yield to oncoming traffic.  Knudson claimed crash-related injuries to her head, neck, back, chest, abdomen, wrist and knee.  She sought past medical expenses totaling $9,117.75 and non-economic damages of $100,000. Defendant Mitchell admitted liability and causation but disputed Knudson’s damages. Verdict – $39,117.75.

Humphrey v. Tri-Met, Multnomah County Case No. 14CV20394

Plaintiff Humphrey boarded a Tri-Met bus and was walking towards a seat when the bus began moving and then made an abrupt stop for a vehicle making a turn in front of the bus. The stop caused Humphrey, who was holding an overhead strap, to swing and land on a seated passenger. Humphrey settled her negligence claims against the driver who turned in front of the bus and proceeded to trial only against Tri-Met. She claimed that the Tri-Met driver was negligent for speeding, entering traffic before passengers were seated and braking too abruptly. She claimed disc injuries to her neck which required a fusion surgery. She sought $83,304.56 for past medical expenses and $400,000 for non-economic damages.

Defendant Tri-Met denied liability and claimed that Humphrey’s injuries were the result of her own negligence and the negligence of the settling driver who turned in front of the bus. They argued that Humphrey was negligent for failing to secure herself or take an available seat. They claimed that the settling driver was also at fault for making an unsafe right turn without signaling. Verdict – $15,500.00 after 90% reduction for negligence apportioned to the settling driver.

Supina v. Hart, Multnomah County Case No. 15CV16366

Plaintiff Supina was stopped for traffic on Highway 99 when he was hit from behind by Defendant Hart. Supina alleged crash-related soft tissue injuries to his neck, shoulder and back. He sought $11,237 for past medical expenses, $1,100 for mileage expenses travelling to and from treatment and $40,000 for non-economic damages. Hart admitted liability but contested the cause and extent of Supina’s injuries. Verdict – $9,058.00.

Hancock v. Albert, Multnomah County Case No. 16CV18948

Plaintiff Hancock was rear-ended by Defendant Albert.  Hancock claimed crash-related soft-tissue injuries to his back and neck.  He sought $10,000 in non-economic damages pursuant to ORS 20.080. Defendant Albert admitted liability and causation but contested Hancock’s damages. Verdict – $6,200.00.

Vetere v. Dickson, Multnomah County Case No. 15CV32161

Plaintiff Vetere was stopped for traffic when he was rear-ended by Defendant Dickson.  Vetere claimed the impact caused him musculoskeletal injuries to his back, neck, hips and ribs.  He sought $10,000 in non-economic damages pursuant to ORS 20.080. Defendant Dickson admitted liability but contested the cause and extent of Vetere’s injuries. Verdict – $5,333.00.

McCartney v. Russ Auto, Inc. Multnomah County Case No. 16CV18926

Plaintiff McCartney alleged that he was driving his Bentley on Farmington Road when a driver, in a Toyota Prius, driving for Defendant Russ Auto entered the roadway without yielding and caused a crash. McCartney alleged crash-related injuries to his back, neck, pelvis and ribs including a lumbar disc herniation which required surgery. He sought $110,208.64 for past medical expenses, $1,000 for future medical expenses, $1.38 Million for past lost earnings and $1 Million in non-economic damages.

Russ Auto admitted that the driver was acting in the scope and course of his employment with Russ Auto and that they were negligent in causing the crash. The defense claimed that McCartney’s injuries were unrelated to the crash and disputed his damages. They presented evidence that the back complaints which led to surgery were diagnosed in 2011, three years before the crash. They presented evidence that McCartney was back at work for his various companies shortly after the crash, contradicting McCartney’s claim that he was unable to work for over a year. They presented photographs of McCartney from numerous vacations domestically and abroad, contradicting his claim that he could not travel on airplanes. They presented evidence that his failing companies were not due to him missing work but rather numerous consumer complaints which caused him to close companies and re-open under different names but in the same location and with the same staff. Verdict – $1,000.00.

Turner v. Harris and Louie, Multnomah County Case Nos. 15CV29317 and 16CV09536

This was a consolidation of two cases for trial. In the first case, Plaintiff Turner was driving down the aisle of a parking lot when Defendant Harris backed his car out of a parking spot and the cars collided. Turner claimed Harris was negligent for failing to keep a proper lookout.  She claimed accident-related soft-tissue injuries to her shoulder, neck and back.  She sought $85,000 for past medical expenses, $25,000 for future medical expenses, $120,000 for past wage losses, $100,000 for impaired earning capacity and $125,000 for non-economic damages.

Harris denied he was responsible for the crash and contested causation and the extent of Turner’s damages.

In the second case, Turner was again in a parking lot.  She alleged that she had completely backed out of her spot when Defendant Louie backed out of a space behind her and caused a collision.  Harris claimed that Louie failed to keep a proper lookout.  She alleged an aggravation of pre-existing neck, back and shoulder soft-tissue injuries.   She sought $85,000 for past medical expenses, $25,000 for future medical expenses and $100,000 for non-economic damages. Defense Verdicts

Glick v. Hagelberg, Multnomah County Case No. 16CV17073

Plaintiff Glick alleged that he was driving northbound on NE Grand when Defendant Hagelberg ran a red light at NE Weidler, causing a crash. Glick alleged crash-related injuries to his chest, neck and back including bruises and contusions. He sought $2,887.70 for past medical expenses and $7,112.30 for non-economic damages. He also sought attorney fees pursuant to ORS 20.080. Defendant Hagelberg alleged that it was Glick who was travelling on NE Weidler and ran the red light causing the crash. Defense Verdict.

Mihm v. Zillman, Multnomah County Case No. 16CV09832

Plaintiff Mihm was rear-ended by Defendant Zillman while waiting to take a right turn. Mihm claimed crash-related injuries to his neck and back including annular tears and disc protrusions.  He sought $7,500.00 for past medical expenses and $50,000 for non-economic damages. Defendant Zillman admitted liability but denied that the crash caused Mihm’s injuries. The defense pointed out that Mihm did not see any doctors until six months after the crash. Defense Verdict.

Haynes v. Connelly, Multnomah County Case No. 16CV08042

Plaintiff Haynes was pulling out of a driveway in Gresham when she was struck by Defendant Connelly. Haynes alleged Connelly was driving too fast and not keeping a lookout. She claimed accident-related soft-tissue injuries to her hip, shoulder neck and back. She sought $5,627.48 for property losses and $4,398.02 for non-economic damages. She also sought attorney fees pursuant to ORS 20.080. Connelly denied liability.  She alleged that the crash was Haynes’ fault for driving too fast and failing to yield the right of way. Defense Verdict.

Motorcycle Trials

DeRoo v. Decker, Multnomah County Case No. 16CV06279

Plaintiff DeRoo was riding a motorcycle on SW Grover Street. Defendant Decker was driving a car in the opposite direction. They were both approaching Water Avenue.  DeRoo claims that Decker made a sudden left turn in front of him causing a crash. He claimed crash-related rotator cuff strain, headaches, back and neck strains, elbow pain and shoulder pain. He sought $10,000 for past medical expenses, $200.80 in wage losses and $39,799.00 for non-economic damages. Decker denied liability. She claimed that DeRoo’s own negligence in speeding and in failing to yield were the cause of his injuries. Verdict – $10,043.10 after 39% reduction for comparative negligence.

Premises Liability Trials

Hansen v. Association of Unit Owners of Oswego Summit, Multnomah County Case No. 16CV05205

Plaintiff Hansen was the personal representative for the estate of a woman who fell and died while visiting Defendant Oswego Summit. The woman was allegedly there for the purpose of listing several condos that unit owners wanted to sell. The estate argued that Defendants were negligent for having lighting and a stairway that were not built or maintained to code and were in such a condition that they posed a danger. The estate sought $2 Million in non-economic damages. Defendant Oswego Summit denied liability and claimed that the woman died as a result of her own negligence for failing to keep a lookout and failing to take precautions for her own safety. Verdict - $291,500.00.

UM/UIM Trials

Tyrrell v. State Farm, Multnomah County Case No. 15CV27003

Plaintiff Tyrrell was a passenger in a vehicle that was hit by an underinsured vehicle at an intersection.  Tyrell resolved the case against the at-fault driver and then brought this underinsured motorist action against Defendant State Farm, the insurer of the vehicle she was a passenger in.  Tyrell claimed that the crash caused injuries to her back including an annular tear and disk herniation which required multiple surgeries to repair. She sought $89,693.87 for past medical expenses and $350,000 for non-economic damages. State Farm contested the cause and extent of Tyrell’s damages. Verdict – $22,542.00.

Other Trials

Chiu v. Penske Truck Leasing, Multnomah County Case No. 14CV14882

Plaintiff Chiu worked as a bus driver on Tri-Met buses for over four years. Defendant Penske was responsible for the maintenance of the vehicles during those years. Chiu alleged that Penske negligently maintained the vehicles in a manner that exposed her to toxic fumes and caused her physical injuries and brain damage.  She sought $2 Million in damages. Defendant Penske denied every aspect of Chiu’s complaint. Defense Verdict.

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