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2017 - Second Quarter

July 1, 2017

Trial Numbers

  • MVA - Plaintiffs won 8/12.
  • Medical Malpractice - Plaintiffs won 1/2.
  • Worksite Injury - Plaintiffs won 0/1.
  • Motorcycle Injury - Plaintiffs won 1/1.
  • Bicycle Injury - Plaintiffs won 1/1.
  • Premises Liability - Plaintiffs won 1/1.
  • Underinsured Motorist - Plaintiffs won 1/1.

Notable 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.

Total Verdict - $291,500.00

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.

Total Verdict - $189,338.44.

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.

Total Verdict - $66,000.00

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

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