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2019 - Second Quarter

July 1, 2019

Trial Numbers

MVA - Plaintiffs won 1/3.

Medical Malpractice - Plaintiffs won 1/2.

Underinsured Motorist - Plaintiffs won 1/1.

Pedestrian Injury - Plaintiffs won 1/1.

Premises Liability - Plaintiffs won 1/1.

Assault - Plaintiffs won 0/1.

General Liability - Plaintiffs won 0/1.

Notable Cases

Patzer v. Portland Adventist Medical Center, Multnomah County Case No.17CV18794

Plaintiff Patzer was admitted to Defendant Adventist's hospital for a total knee replacement surgery. After this surgery, Plaintiff was recovering well and was scheduled to be released several days later. Defendant Adventist provided Plaintiff crutches to move around the room and go to the bathroom. This incident occurred when she used those crutches to go to the bathroom, assisted by an Adventist nurse. While in the bathroom the Adventist nurse left Plaintiff alone and went about her duties in the hospital. Plaintiff attempted to return to her bed with her crutches but without supervision when she fell to the floor striking her head and knocking herself unconscious. The fall and head strike caused her to suffer a traumatic brain injury. She alleged that the injury has caused her significant cognitive impairment diminished memory, visual information processing fatigue, headaches, dizziness, vertigo and nausea and will make her more susceptible to further falls. She alleged that Adventist was negligent for failing to ensure that a provider waited to assist Plaintiff back to her bed, failing to staff the hospital adequately, failing to train the nursing staff on fall prevention and failing to evaluate Plaintiffs fall risk.

Plaintiff Patzer sought $4,950,000 for economic damages including loss of income, diminished future earnings capacity, and past and future medical expenses. She also sought $5,000,000 for non-economic damages.

Defendant Adventist denied liability and alleged that the injuries were the result of Plaintiffs own negligence for failing to use the bathroom call bell so that a nurse could assist her to her bed, and for failing to ask the attending nurse to remain with her in the bathroom until she was ready to return to her bed.

Total Verdict - $2,225,000.00

Kaufman v. Grand Prix Motors, Inc. and Dan Tkachuk, Multnomah County Case No. 18CV07602

Plaintiff Kaufman alleged that Defendant Tkachuk was driving at a high rate of speed through inner-SE Portland when he made a sharp and fast left hand turn from northbound SE 21st Ave. onto westbound SE Lafayette St., where he hit Plaintiff who was a then 17-year-old riding his skateboard to school.  Plaintiff alleged that the car Defendant Tkachuk was driving was owned by his employer, Defendant Grand Prix Motors, Inc. and that Grand Prix negligently entrusted the car to Defendant Tkachuk, who had, at the age of 20, had nine moving violations, most involving speed, prior to the entrustment. Plaintiff suffered a left temporal lobe fracture, with concussion and epidural hematoma.  He also suffered a fractured left clavicle that required surgical repair.  Plaintiff sought economic damages for past medical expenses of $38,628.15 and $13,498.81in future medical expenses.   Plaintiff also sought $500,000 for noneconomic damages.

Defendants Grand Prix Motors and Tkachuk both denied that Tkachuk was acting in the course and scope of his employment with Grand Prix.  They also denied liability and claimed that the crash was the result of Plaintiff’s negligence.  Total Verdict - $88,970.22 after 25% reduction for comparative negligence.  

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