By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation and analyze site usage. Open the preferences panel or view our Privacy Policy for more information.
Call for a Free Consultation
503-546-8812

2019 - First Quarter

Table of Contents
April 1, 2019

Trials This Quarter

Bicycle Trials

Ziemer v. City of Portland, Multnomah County Case No. 18CV03811

Plaintiff was a bicyclist who was traveling westbound on SE Morrison approaching the intersection at SE 11th Ave when he hit a curb and crashed. Defendant City of Portland maintained the crosswalk and roadways. Plaintiff alleged that the City of Portland knew or should have known that the crosswalk at this intersection was unreasonably dangerous for bicyclists due to its layout which included a curb in middle of the crosswalk, lack of reflective paint, and lack of lighting that would make the curb visible at night.  He alleged that the crash caused him injuries including nasal and septal bone fractures, a subarachnoid hemorrhage, radial head fracture, fractures to multiple fingers, and broken teeth. He sought $65,972.83 for past medical expenses and $500,000 for non-economic damages.  

Defendant City of Portland alleged that Plaintiff was responsible for his own injuries for failing to maintain a proper lookout, failing to negotiate the turn at the intersection properly, bicycling without proper lighting equipment for the limited visibility conditions, failing to use his lane appropriately, bicycling at a speed that was unsafe for the conditions, and not wearing a bicycle helmet. Defense Verdict.

Brant v. Reveneau, Multnomah County Case No. 18CV00963

Plaintiff Brant was riding his bike westbound on East Burnside. Defendant Reveneau was at the light facing east in a car.  Brant claimed that the light turned yellow as he was already into the intersection and had cars behind him.  He claimed that Reveneau ran his own yellow light and caused a collision.  Brant alleged that Reveneau was negligent for not keeping a lookout, failing to yield the right of way and running the yellow light.  He claimed crash-related injuries including a fractured thumb with early onset of osteoarthritis, knee lacerations and contusions and neck and back pain.  He sought $15,550.88 for past medical expenses, $15,420.60 for future medical care and $150,000 for non-economic damages. Defendant Reveneau argued that the crash was Brant’s fault for running the yellow or red light, not keeping a proper lookout, operating at a speed to fast for the circumstances, not staying in his lane and passing another vehicle on the right. Defense Verdict.

MVA Trials

Garrison v. Industrial Finishes and Systems, Inc., Multnomah County Case No. 17CV18794

Plaintiff Garrison was stopped for traffic on I-5 when a driver for defendant’s company failed to stop and crashed into the back plaintiff’s vehicle. Plaintiff alleged crash related injuries including a disc injury to his neck requiring disc replacement surgery, injury to his thyroid requiring partial removal of his thyroid, nerve injuries, and low back injuries. Plaintiff sought $124,079.53 for past medical expenses,$225,000.00 for future medical expenses, $99,600.00 for past wage losses,$950,000.00 for impaired future earnings capacity, and $3 Million for non-economic damages. Defendant admitted negligence and that the crash caused plaintiff some injury but disputed the nature and extent of plaintiffs injuries and damages. Verdict - $1,846,425.00.

Majalca v. Pond, Multnomah County Case No. 18CV02644

Plaintiff Majalca was driving his car when he stopped at an intersection and was rear ended by Defendant Pond. Plaintiff alleged that the crash was the result of Defendant not keeping a proper lookout. He alleged that the crash aggravated a prior infirm condition of severe spinal stenosis in his neck and back. He sought $142,131.11 for past medical expenses, and $500,000 for non-economic damages. Defendant Pond admitted liability and that the crash caused some injury to Plaintiff but disputed the nature and extent of those injuries and Plaintiff’s damages. Verdict - $126,785.00.

Nguyen v. Neuschwander, Multnomah County Case No. 17CV55104

Plaintiff Nguyen was rear-ended by Defendant Neuschwander. Nguyen alleged that the crash caused her numerous soft-tissue injuries to most of her body. She sought past medical expenses of $80,000, future medical expenses of $100,000 and $400,000in non-economic damages. Neuschwander admitted liability and that the crash caused some injury to Nguyen but contested Nguyen’s damages. Verdict– $76,198.90.

Kelly v. Harila, Multnomah County Case No. 17CV52061

Plaintiff Kelly was rear-ended by a car driven by Defendant Harila. Kelly alleged the crash caused her injury to the soft tissue of her neck, back, and shoulder including sprains, strains and contusions. She also claimed a cerebral spinal fluid leak in the thoracic region of her spinal column that caused headaches, dizziness, nausea, vision changes, tinnitus, and pain. She sought $15,000 for wage losses, $50,000 for past medical expenses and $300,000 for non-economic damages. Defendant Harila admitted liability for the crash but contested causation and the nature and extent of Kelly’s damages. Verdict- $16,541.50.

Quinata v. Thompson, Multnomah County Case No. 18CV03304

Plaintiff Quinata was stopped at a red light in downtown Portland with another car stopped behind him. Defendant Thompson failed to stop for the light and struck the car behind Quinata causing that car to strike Quinata’s car. Quinata claimed that he suffered injuries to his eye as well as his neck and back. He sought $2,239.00 for past medical expenses and $47,760.00 for non-economic damages. Defendant Thompson admitted liability but contested the nature and extent of Mr. Quinata’s damages. Verdict - $12,500.00.

Hunt v. Eisenzimmer, Multnomah County Case No. 18CV07301

Plaintiff Hunt stopped for traffic on SE Orient Drive. Defendant Eisenzimmer failed to stop for traffic and rear-ended a vehicle two cars behind Hunt that then caused a chain-reaction before Hunt’s car was impacted.  Hunt claimed that the crash caused her to suffer a C6-7 disc injury, right rotator cuff injury and neck/back strains and sprains.  She sought $31,852 for past medical expenses, $75,000 for future medical care and $280,000 for non-economic damages. 

Defendant Eisenzimmer admitted that his negligence caused the crash and that Hunt may have suffered some injury but contested the extent of Hunt’s crash-related injuries. Eisenzimmer pointed out that there was only minor damage to Hunt’s vehicle. Verdict– $10,000.00.

Vo v. Wright, Multnomah County Case No. 17CV52064

Plaintiff Vo stopped for traffic on I-84 near the Lloyd Center when he was struck from behind by a vehicle driven by Defendant Wright. Vo alleged that the crash caused him injuries to his head, neck, back, and wrists. He sought $100,000 for past and future medical expenses, $150,000 for past and future wage losses and $200,000 for non-economic damages. Defendant Wright admitted liability but contested causation and damages. Verdict:$6,000.00.

Razloga v. Gurbuz, Multnomah County Case No. 17CV51078

Plaintiff Razloga was a passenger in a vehicle that was involved in an intersection crash. She claimed that the other driver ran a red light causing the collision. She claimed that the crash caused injuries to her neck and back including ruptured discs. She sought $15,000 for past medical expenses, $50,000 for lost wages and impaired future earning capacity and $250,000 for non-economic damages. Defendant Gurbuz admitted liability for the crash but denied that the crash caused any injury to Razloga. Defense Verdict.

Kwong v. Lee, Multnomah County Case No. 18CV05796

Plaintiff Kwong was rear-ended by a car that was hit by Defendant Lee on I-5. Kwong alleged that the crash caused lacerations to his face and body, whiplash, neck injuries, bruises, and back pain. He sought $130,000 in economic damages for past and future medical expenses, property damage and past and future lost earnings. He sought $87,000 for non-economic damages. Defendant Lee denied liability and contested causation and damages. Defense Verdict.

McCoy v. Popma, Multnomah County Case No. 17CV55383

Plaintiff McCoy was driving through a parking lot when Defendant Popma backed out of a parking stall and a collision occurred. McCoy claimed Popma was negligent for backing out without yielding. He alleged the crash caused him soft-tissue injuries to his neck, back and hip. He sought $10,000.00 and legal fees pursuant to ORS 20.080. Defendant Popma alleged the crash was McCoy's fault for not keeping a proper lookout. Defense Verdict.

Pedestrian Injury Trials

Schroeder v. Ortega, Multnomah County Case No. 17CV39208

Plaintiff Schroeder was a pedestrian in a parking lot when he was hit by Defendant Ortega who was backing her car out of a parking stall.  Schroeder alleged that Ortega was negligent for failing to keep a lookout, driving too fast, and failing to yield the right-of-way.  He alleged the impact caused permanent injury to his leg and ankle. He sought $100,000 in non-economic damages. Defendant Ortega argued that Schroder was standing in the open door of his car when Ortega backed into the door at a very low speed. Defendant alleged Schroeder himself was not hit, and further alleged that Schroeder was responsible for not keeping a proper lookout. Ortega also contested causation and damages.  Verdict - $3,900.00.

Other Trials

Laing v. Tri-County Metropolitan Transit District of Oregon, Multnomah County Case No. 17CV36490

Plaintiff was walking on the sidewalk attempting to cross the east and west bound MAX train tracks to get to a stopped westbound MAX train.  She was struck by an out of service eastbound MAX train and suffered severe injuries including a traumatic amputation of her right leg above the knee. Plaintiff alleged that the MAX platform was unreasonably dangerous because it had crossing gates for vehicles but no similar crossing gates for pedestrians. She further alleged that the MAX platform was unreasonably dangerous because there were no warning lights in a pedestrians line of sight when that pedestrian was walking across the east and westbound tracks to the westbound platform. She further alleged that the platform was unreasonably dangerous because the warning bells that sounded to indicate an approaching train inexplicably stop ten to fifteen seconds prior to the train arriving. Plaintiff sought damages for past medical expenses totaling $799,917, past last wages of $75,255, future medical expenses of $4,844,151, future last earnings capacity of $1,489,400, and $20 Million for non- economic damages.

Defendant TRI-MET alleged that Plaintiff’s injuries were caused by her own negligence in failing to maintain a proper lookout, failing to be aware of her surroundings, running across the MAX tracks, wearing a hooded sweatshirt in a manner that impaired her ability to see, and wearing headphones with music at a volume that impaired her ability to hear and be aware of her surroundings.

Total Verdict - $8,700,000.00 after 42% reduction for comparative negligence.  

Read more about

Get Your Free Consultation

Call us or a send a message to have your case reviewed.