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2019 - Fourth Quarter

Table of Contents
January 1, 2020

Trials This Quarter

Assault Trials

Johnson v. City of Portland et al., Multnomah County Case No.18CV23284

Plaintiff Johnson alleged that he was in Pioneer Courthouse Square waiting on a max train to take him home after work. At the same time there were active protests about a block away regarding the 2016 presidential election. Johnson alleged that he was unlawfully arrested, assaulted, and pepper sprayed by police officers employed by the City of Portland and Multnomah County before being taken to jail and kept in solitary confinement for several hours. He claimed injuries including bruising, burning sensation and embarrassment. He sought $270.00 in economic damagers for property lost during his arrest and $300,000 for non-economic damages. Defendants City of Portland and Multnomah County argued that the area had been declared a riot, that a sound truck had given multiple warnings for people to leave the area, and that Johnson became combative when officers tried to arrest him. Verdict - $50,270.00.

Bicycle Trials

Mayer v. Johnson, Multnomah County Case No. 18CV35097

Plaintiff Mayer alleged that she was riding her bicycle eastbound on NE Burnside in the bicycle lane approaching NE 81st Avenue when Defendant Johnson turned left from westbound Burnside without yielding and struck her. She alleged that Johnson was negligent for failing to yield and failing to keep a proper lookout. Mayer alleged the impact caused her soft-tissue injuries to her neck, back, and contusions and pain. She sought $100,000.00 for lost wages and medical expenses and $150,000 for non-economic damages. Defendant Johnson denied liability and claimed that the crash occurred because Mayer was riding at an excessive speed and failed to keep control of her bicycle. Verdict - $47,768.00.

Medical Malpractice Trials

Stryffeler v. Oregon Cosmetic and Reconstructive Clinic et al., Multnomah County Case No. 17CV37543

Plaintiff Stryffeler was born with spina bifida causing complete paralysis of her lower body. Her spina bifida was accompanied by a Chiari Type 2 malformation of her skull and upper spine in which a portion of the bottom part of her brain (the cerebellum and brain stem) herniated into her spinal canal.  This condition was further accompanied by hydrocephalus (fluid on and in the brain) in which cerebrospinal fluid cannot drain from the brain resulting in excessive pressure inside the skull (excess intracranial pressure), which required the permanent placement of a shunt to drain that fluid into her abdominal cavity. She underwent surgery with Defendants to repair a pressure sore. Plaintiff’s guardians claimed that during the surgery Plaintiff was placed in an inappropriate head-down position that is dangerous for a person in her condition.  They alleged that due to being negligently placed in that position, she suffered a severe brain injury resulting in a condition known as locked-in syndrome, where Plaintiff has no ability to control anything other than eye movements. Plaintiff’s guardians alleged that placement on Plaintiff in the head down position during the surgery and failing to monitor intracranial pressures fell below the standard of care and resulted in her injuries.  Defendants denied that they were negligent.  Defense Verdict.

Clark v. Legacy Mount Hood Medical Center, Multnomah County Case No. 18CV32260

This was a medical malpractice trial where Plaintiff Clark alleged that Defendants failed to timely diagnose abscesses in his foot resulting permanent foot injuries and total disability. Clark sought $600,000 for past economic damages, $2,500,000 for future economic damages and $4,000,000 for non-economic damages. Defendants denied any negligence. Defense Verdict.

MVA Trials

Sevilla v. Yogusuk, Multnomah County Case No. 18CV38070

Plaintiff Sevilla was in the left lane of east bound Sandy Boulevard waiting to take a left turn. Defendant Yogusuk was in the same lane behind Sevilla and failed to stop, hitting Sevilla from behind.  Plaintiff alleged that Defendant was negligent for failing to maintain a proper lookout and driving too fast.  Plaintiff alleged crash-related injuries including a concussion, cervical sprain, severe migraines, and injury to her knee.  She sought $55,903.05 for past medical expenses, and additional money for future medical expenses as well as $400,000.00 in non-economic damages.  Defendant denied liability and instead claimed that Plaintiff was negligent for failing to use her turn signal and failing to proceed with her left turn when she could have made the turn with reasonable safety.  Verdict - $411,111.99.

Crowe v. Tarnovsky, Multnomah County Case No. 17CV25047

Defendant Tarnovsky crashed into the rear of Plaintiff Crowe’s vehicle, which was traveling east on Sunset Highway. Plaintiff alleged that she sustained musculoskeletal injuries to her cervical and lumbar spine.  Defendant admitted 100% fault and that Plaintiff sustained some injury. However, Defendant argued that Plaintiff was not harmed to the extent she claims. Verdict - $100,611.00.

Benarroch v. KT Charboneau Trucking, Inc., Multnomah County Case No.18CV45630

Defendant’s driver was driving a 53’ flat-bed semi-truck that collided with Plaintiff Benarroch’s minivan while they were traveling southbound on Interstate Avenue at the intersection of Tillamook Avenue in Northeast Portland.  Plaintiff sustained musculoskeletal injuries to her cervical and lumbar spine, and was diagnosed with a concussion. She sought $150,000 for non-economic damages. Defendant admitted their driver was responsible for the crash and that Plaintiff suffered some injury but disputed the extent of Plaintiff’s injuries and the requested damages. Verdict - $75,000.00.

Nelson v. Smith, Multnomah County Case No.18CV38508

Defendant Smith rear ended Plaintiff Nelson on SE McLoughlin in Portland. Nelson claimed that the crash caused him to suffer multiple soft tissue injuries over most of his body. He sought $42,466.41 for past medical expenses, $57,533.59 for future medical expenses, and $200,000.00 for non-economic damages. Defendant Smith admitted liability but denied that the crash harmed Nelson and claimed that nelson's injuries were preexisting. Verdict - $29,000.00.

Tsering v. Mockenhaupt, Multnomah County Case No. 18CV52031

This was a disputed liability car crash case in which Plaintiff Tsering claimed that Defendant Mockenhaupt rear ended Plaintiff causing severe injuries and sought $18,696.00 for medical expenses and $30,000.00 for non-economic damages. Mockenhaupt alleged that Tsering made an abrupt lane change in front of him causing the crash. Verdict - $10,017.60.

Preston v. Muhammad, Multnomah County Case No. 18CV56840

This was an admitted liability car crash case in which Plaintiff Preston alleged crash-related soft tissue injuries and sought $10,000.00 in damages plus attorney fees pursuant to ORS 20.080. Verdict - $9,999.99.

Sodaro v. Boyd, Multnomah County Case No. 18CV51752

This was a rear end car crash case in which Defendant Boyd denied liability alleging that the crash was the fault of a non-party who ran a red light causing Plaintiff Sodaro to stop suddenly which then resulted in Boyd hitting Sodaro. Plaintiff Sodaro claimed Boyd was responsible for driving too fast and following too close. Sodaro claimed that the crash caused him to suffer disc herniations in his neck and back that required surgical repair. He sought $95,013.00 for past medical expenses, $10,000.00 for future medical expenses, and $250,000 for non-economic damages. Verdict - $6,739.98.

Akhtar v. Griffith, Multnomah County Case No. 18CV24949

Plaintiff Akhtar and Defendant Griffith were in a car crash at the intersection of NE 105th and Webster. Plaintiff Akhtar claimed that Defendant Griffith failed to obey a traffic control device causing the crash. Akhtar claimed that the crash soft tissue injuries to his neck and back. He sought past and future medical expenses totaling $250,000 and non-economic damages of $250,000. Defendant Griffith denied liability. Verdict - $3,444.00.

Miller v. Nelson, Multnomah County Case No. 18CV40383

Plaintiff Miller drove to Providence Portland Medical Center to take her son to a doctor's appointment.  Upon arrival, because she was unfamiliar with this hospital, Plaintiff Miller decided to use the valet service to park.  She and her son got out of her car and the valet driver walked around to the rear of her car to write down her license plate number.  While she was standing on the curb a foot away from her vehicle, Defendant’s car struck the valet driver and then the back of her car.  Plaintiff went to the aid of the valet driver and then also began to console the 86-year old Defendant. Emergency medical responded to assist the young valet driver. Plaintiff Miller began feeling unwell and thought she was having a panic attack but in fact had a heart attack. Plaintiff presented expert testimony that she had a Takotsubo Cardiomyopathy, also known as a stress-induced heart attack. She sought $19,626.54 for past medical expenses and $100,000 for non-economic damages. Defendant denied that he was negligent or that his negligence caused Plaintiff's injuries. Defense Verdict.

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