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2018 - Third Quarter

October 1, 2018

Trial Numbers

MVA - Plaintiffs won 4/5.

Medical Malpractice - Plaintiffs won 0/2.

Products Liability - Plaintiffs won 0/1.

Premises Liability - Plaintiffs won 0/1.

Notable Trials

Zurek v. Manning and Miller, Multnomah County Case No. 16CV19822.

This case arises out of two automobile accidents that occurred over a year apart. Both defendants took responsibility for causing their respective crashes and that the crashes caused Plaintiff Zurek some injury. Plaintiff claimed that the first crash caused him to suffer non-surgical disc injuries to his neck and back and that the second crash aggravated those injuries. Plaintiff sought damages in the first crash from for past medical expenses totaling $25,088.00. He sought past medical expenses from the second crash in the amount of $11,257.00.Zurek sought non-economic damages in an amount of $750,000.00 from both Defendants.

Defendants denied that Zurek’s injuries were permanent.

Total Verdict - $101,331.00 ($85,581 was from crash #1).

Taylor v. Gustiy and KAO Warehouse, Inc., Multnomah County Case No. 17CV22534

Plaintiff was rear-ended by Defendant on Highway 405 in Portland.  She alleged that Defendant Gustiy was negligent for following too close and failing to keep a proper lookout. She claimed that Gustiy was working for KAO Warehouse at the time of the crash so KAO is legally responsible for the damages.  Plaintiff alleged that the crash caused her to suffer a torn meniscus and also temporary injuries to her head, neck, shoulder and back as well as a concussion.  Plaintiff Taylor sought $50,000 for past medical expenses and $185,000 for non-economic damages.  

Defendant admitted Gustiy was working in the course and scope of his employment with KAO Warehouse and that Gustiy was responsible for the crash. however, defendants contested the nature and extent of Taylor's injuries and damages.

Total Verdict - $100,825.20.

Thompson v. David R. Tenhulzen, MD, DMD, PC et al., Multnomah County CaseNo. 1306-08612

Plaintiff was a patient of defendant oral surgeon and alleged that during the removal of her wisdom teeth, defendant severed her right lingual nerve.  She alleged that defendant was negligent by failing to identify the lingual nerve by visual or radiographic examination during the surgical procedure and by failing to inform plaintiff of the risks of the procedure including the potential for nerve damage.  

Defendant denied that his treatment of Plaintiff fell below the standard of care.  

Defense Verdict.

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