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2018 - Second Quarter

Table of Contents
July 1, 2018

Trials This Quarter

Assault / Sex Assault Trials

S.K. v. Kay, Multnomah County Case No. 16CV30617

This was a sexual assault claim brought by a child victim against her biological father. The father was in prison at the time of the trial and represented himself. Plaintiff sought $1 Million in non-economic damages for her psychological trauma. Defendant denied the sexual assault occurred and claimed to have been wrongfully convicted in criminal court. Verdict - $1,000,000.00.

Premises Liability Trials

Trebelhorn v. Prime Wimbledon SPE, LLC et al., Multnomah County Case No. 16CV40959

Defendants were the out-of-state owners and managers of an apartment complex in Southeast Portland. Plaintiff Trebelhorn was a resident of the apartment complex when he fell through a concrete walkway that had deteriorated and been patched.  He suffered a injury to his right leg and knee that required surgery and alleged that he will suffer from permanent pain and disability. He brought this lawsuit alleging that the defendants were negligent for failing to repair the walkway, patching the walkway in a way that could not support the weight of a pedestrian, and failing to warn residents about the defect.  He further alleged that the actions of the defendants were in deliberate and wanton disregard of their obligations subjecting them to punitive damages. Trebelhorn sought $45,000 for economic damages, $350,000 for non-economic damages and $20,000,000 for punitive damages.  Defendants acknowledged liability and that the fall caused injury to Trebelhorn but contested the nature and extent of Trebelhorn’s damages.  Defendant also denied their actions warranted punitive damages. Verdict - $20,295,597.06.

Golden v. Hogan Meadows Manufactured Home Park LLC, Multnomah County Case No. 16CV36119

 Plaintiff Golden was working as an in-home nurse when she was sent to Defendant’s trailer park to help a client with wound care. It was November of 2014 and had been snowing. She got out of her car and was walking on the sidewalk adjacent to the park when she slipped on accumulated snow and ice. She fell to the ground and struck her head knocking her unconscious. She claimed that Defendant was negligent for not removing the snow/ice, not salting the sidewalk and not warning of the hazardous conditions. She claimed the fall caused her a severe concussion and traumatic brain damage as well as a cervical strain and head wound. She sought$100,000 for past medical expenses, $450,000 for future medical expenses, $1.1 Million for past and future lost earnings and $2 Million in non-economic damages. Hogan Meadows denied that they acted negligently. They claimed Golden was the cause of her own injury for not rescheduling the appointment, not parking closer to the home she was visiting, and not taking precautions when walking on clearly visible snow and ice. Verdict – Defense Verdict.

MVA Trials

Melton v. Curtis, Multnomah County Case No. 17CV10984

Plaintiff Melton alleged that Defendant Curtis ran a stop sign causing a T-Bone style crash. Melton claimed the crash caused her to suffer a concussion, and permanent injuries to her neck, back and shoulders. She sought $24,280.51 for past medical expenses, $742.50 for lost income, and $1,200,000.00 for non-economic damages. Defendant Curtis admitted liability and that the crash caused Melton some injury but disputed the extent of the injury and Melton's requested damages. Verdict - $249,280.51.

Alphonse v. Combes, Multnomah County Case No. 17CV15503

Plaintiff Alphonse was rear-ended by Defendant Combes at the intersection of Murray and Allen in Beaverton. Alphonse alleged that the crash caused injuries to her shoulder, neck and back including a cervical injury which will require future surgery. She sought $21,360.07 for past medical expenses, $50,000 for future medical expenses and $150,000 for non-economic damages. Defendant Combes admitted liability and that the crash caused some injury but disputed the nature and extent of the injury and whether future surgery was required. Verdict – $95,655.00.

Anderson v. Brandes, Multnomah County Case No. 15CV29831

Plaintiff Anderson was rear-ended by Defendant Brandes on SW Capitol Highway.  Anderson claimed that the crash caused her injuries including: a right sternoclavicular dislocation, torn labrum in shoulder, rotator cuff dysfunction and soft-tissue sprains and strains. She claimed that her injuries required multiple surgical repairs.  She sought $101,193.33for past medical expenses, $20,841.20 for lost wages and $377,965.47 for non-economic damages. Defendant Brandes admitted liability for the crash (which she referred to as a “bump”) but denied that the crash caused any injury to Anderson. Verdict – $33,137.00.

Le v. Sandri, Multnomah County Case No. 17CV25589

Plaintiff Le was the passenger in a vehicle that was involved in a crash with Defendant Sandri in an uncontrolled intersection.  Le claims that Sandri was negligent for driving too fast and failing to yield the right of way.  She alleged crash-related injuries to her neck, back, shoulder and ribs. She sought $23,468.25 in past medical expenses, $1,331.10 for vehicle damage and $75,000 for non-economic damages. Defendant Sandri contested the nature and extent of Le’s injuries. Verdict – $26,331.10.

Ford v. Guo, Multnomah County Case No. 16CV20286

Plaintiff Ford was seated in her car in a parking lot when her car was struck by Defendant Guo. She claimed that the crash caused her to strain her shoulder, hip, neck and back. She sought $15,000 for past and future medical expenses as well as lost wages. She sought $85,000 for non-economic damages. Defendant Guo admitted her negligence but contested the cause and extent of Ford’s injuries. Verdict - $15,000.00.

Manning v. Allen, Multnomah County Case No. 17CV12773

Plaintiff Allen was rear ended by Defendant Allen in Southwest Portland. She claimed that the crash caused her to suffer a rotator cuff tear and soft-tissue injuries to her neck and back. She sought $109,265.00 for past and future medical expenses, $150,000.00 for non-economic damages. Defendant Allen admitted liability and that he caused some injury to Manning but disputed the extent of the injury and Manning's damages. Verdict - $13,180.00.

Moore v. Gannon, Multnomah County Case No. 16CV41431

Plaintiff Moore and Defendant Gannon were both driving west on NW Glisan in adjacent lanes.  Moore claims that she stopped her car for traffic at the same time that Gannon merged into her lane without yielding, striking her car.  Moore claimed crash-related injuries to her neck, back and hips as well as headaches.  She sought $1,201.60 for vehicle damage, $300 for lost use of vehicle, $11,810 for past medical expenses and$36,688.40 for non-economic damages.  Gannon claimed that Moore was at fault for failing to yield the right-of-way. Verdict - $2,331.77.

Yankovskaya v. Montova and Legacy Emmanuel Hospital, Multnomah County Case No. 17CV11548

Plaintiff Yankovskaya claimed that she was stopped in the righthand lane of the Legacy Emmanuel Parking lot waiting to turn right, when she was struck head-on by Defendant Montova who was in the course and scope of his employment with Defendant Legacy.  She claimed that the crash caused her neck, back, leg and knee strains and sprains as well as headaches. She sought $7,200.00 for past medical expenses, $5,000.00for future medical expenses and $25,000.00 for non-economic damages. Defendants denied liability and claimed the crash was Yankovskaya’s own fault for not driving within her lane and attempting to make an unsafe turn. Defense Verdict.

Davenport v. Hester, Multnomah County Case No. 17CV13478

Plaintiff Davenport was a passenger in her husband’s car when it was hit from behind by Defendant Hester.  Davenport claimed that the crash caused a lower back disc injury, a concussion, strains and sprains, as well as a a herniated disc in her cervical spine which will require future surgical fusion.  She sought$73,000 for past medical expenses, $600,000 for future medical expenses and$500,000 for non-economic damages. Defendant Hester admitted she was the cause of the accident. She claims the cars were in stop and go traffic and she took her foot of the brake and it rolled into Davenport’s car causing very minor damage. She denied that the crash caused any injury to Davenport. Defense Verdict.

Kelsaw v. Legacy Health, Multnomah County Case No. 17CV19838

Plaintiff Kelsaw was traveling through an intersection in northwest Portland after stopping for a stop sign.  He alleged that a driver for Defendant Legacy Health failed to yield before making a right turn and struck his vehicle in the intersection.  He claimed crash-related soft-tissue injuries to his neck, back and knee with related headaches.  He sought $882.22 for past medical expenses, $633.60 in lost wages and $4,244.80 for non-economic damages. Legacy Health denied liability and claimed that the crash was Kelsaw’s own fault for failing to keep a proper lookout. Defense Verdict.

UM/UIM Trials

Duvall and Tanner v. Travelers Property Casualty Company of America, Multnomah County Case No. 16CV22276

Plaintiffs Duval and Tanner brought this claim for Underinsured Motorist benefits against their auto-insurance company Travelers Casualty Company of America (“Travelers”).  This case stemmed from a crash in which plaintiff Duval was driving a pickup truck and plaintiff Tanner was riding as a passenger when their vehicle was hit by a pickup truck driven by an underinsured motorist.  

Tanner alleged that she suffered broken ribs, a torn rotator cuff, and brain and spine injuries. She sought $45,000 for past medical expenses, $75,000 for future medical expenses, $90,000 for lost earning capacity and household services, and $300,000 for non-economic damages.  

Duval alleged that he suffered a concussions and traumatic brain injury.  Duval sought $30,000 for past medical expenses, $60,000 in future medical expenses, $100,000 for lost earning capacity, $3,500 for the loss of his dog in the crash, and $300,000 for non-economic damages.

Defendants disputed the nature and extent of the injuries caused by the accident the proper amount of damages.  

Verdict (Tanner) - $ 303,269.00.

Verdict (Duval) - $172,492.00.

Other Trials

Falaschetti v. City of Portland, Multnomah County Case No. 17CV02031

Plaintiff got off a Tri-Met bus at an unplanned and unannounced location due to a City construction project. He began walking down the road and crossed to the opposite side where he did not see construction equipment. Once on the other side of the road, he fell into an open trench suffering significant injuries including a broken jaw, ankle, and leg as well as lacerations. He claimed the City of Portland was negligent for failing to put up barricades, signs, flaggers or any other manner of warning to pedestrians. He sought $148,000.00 for past medical expenses, $50,000.00 for future medical expenses, and $800,000.00 for non-economic damages. The City alleged that Plaintiff was responsible for his own injuries because several workers honked to warn him about the trench and the trench was open and obvious for anyone paying attention. Defense Verdict.

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