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2018 - Fourth Quarter

January 1, 2019

Trial Numbers

Medical Malpractice - Plaintiffs won 0/2.

MVA - Plaintiffs won 4/7.

General Negligence - Plaintiffs won 2/2.

Premises Liability - Plaintiffs won 3/3.

PIP Denial - Plaintiffs won 0/1.

Workplace Injury - Plaintiffs won 1/1.

Notable Trials

Perry v. Phase II Transportation, Inc., Multnomah County Case No. 17CV14005

Plaintiff Perry was on the job working for a company when he drove a forklift into a box truck delivered by Defendant Phase II Transportation, Inc ("Phase II") and the floor partially collapsed. As a result of this incident Plaintiff Perry suffered a lower back disc herniation requiring surgery and other lower back injuries. Perry alleged that defendant failed to properly maintain the box truck and failing to warn Perry of its structural weakness. He sought economic damages for lost wages, future lost wages, medical expenses and future medical expenses totaling $615,000. He also sought non-economic damages of $450,000.

Phase II denied liability and argued that the incident was due to Plaintiff's negligence in failing to follow safety procedures, and failure to follow his training and safety protocols.

Total Verdict - $972,870.13.

Cooper v. Biscuits Café et. al., Multnomah County Case No. 15CV02446

Plaintiff alleged that she slipped and fell on a wet surface at Defendant's restaurant. She claimed that Defendant was negligent for failing to warn of the wet and slippery condition of the floor and for allowing customer traffic in an area which had recently been mopped. She alleged that the fall resulted in an AC separation of her shoulder, cervical injuries, chronic pain, nerve injury, headaches, and impairment. She sought $95,000 for past medical expenses, $300,000 for future medical expenses, $32,000 in lost wages, $106,250 in lost earning capacity and $1,000,000 in non-economic damages.

Defendant alleged that Plaintiff's fall was her own fault for failing to maintain a proper lookout or use reasonable care for her own safety and in failing to control her body so as to avoid falling.

Total Verdict - $540,460.83.

Dominguez v. Alex Freddi Construction, LLC, et. al., Multnomah County Case No. 17CV17439

Defendant Birmingham was remodeling her home and contracted with Defendant Alex Freddi Construction.  Alex Freddi Construction subcontracted with NW Kitchen Designs to install new flooring, and Kibuk Construction to install new tile.  During the remodel the bathroom duct grate was removed and the bathroom light was disconnected.  Defendant Birmingham then invited plaintiff Dominguez to her home to discuss painting the bathroom. Dominguez entered the bathroom and reached for the light but it did not work. Dominguez then stepped into the open duct and fell.  Dominguez alleged that defendants were negligent for failing to warn her of the open duct and lack of lighting. She alleged that the fall caused her to tear her hip labrum, which resulted in her having a total hip replacement. Plaintiff sought $86,824.76 for past medical expenses, $42,000 for future medical expenses, $66,000 for lost wages, and$800,000 for non-economic damages.

Defendants each alleged that Dominguez’s injury was the result of her own negligence in failing to keep a proper lookout in an obvious construction area.  Alternatively, they blamed co-defendants actions for the injury.

Total Verdict - $349,942.28.

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