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Personal Injury Trials in Multnomah County - 2022 - First Quarter

Table of Contents
April 1, 2022

Trials This Quarter

MVA Trials

Faheem v. Paea, Multnomah County Case No. 19CV26270

Plaintiff was a passenger in her husband’s car, which was waiting to turn left out of an Albertson’s parking lot. As her husband drove Plaintiff’s car to the middle turn lane after a gap in southbound traffic, her car was hit by Defendant Paea who was driving south in the same middle turn lane. Plaintiff claimed Defendant was negligent for failing to maintain a proper lookout, failing to control his car and failing to brake to avoid a crash.  Plaintiff claims the crash caused bruising to her body, injury to her neck and back, a broken left thumb, and continuing nerve pain in her hand. She initially sued both Defendant Paea and her husband. Her husband previously settled and was dismissed from the case.  Plaintiff sought $42,996.24 for past medical expenses, $425,000.00 for future medical expenses, $16,361.00 for past wage losses, $298,321.00 for future wage losses, and $2,000,000.00 for non-economic damages. Defendant alleged the affirmative defense of “fault of other”, stating that liability for the crash and Plaintiff’s damages are the fault of her husband. Verdict - $11,426.70 after 90% reduction for negligence attributed to Plaintiff’s husband.

Eggen v. Rush, Multnomah County Case No. 19CV20695

Defendant rear-ended Plaintiff on Interstate 5 in Portland. Plaintiff alleged that the crash caused her injury to her head, neck, shoulders, hand, hip, back and knee. She sought $500,000 for non-economic damages. Defendant admitted the crash was due to her negligence and that Plaintiff suffered some injury. She contested the nature and extent of Plaintiff’s injuries.  Verdict - $10,000.00.

Watson v. Kemper, Multnomah County Case No. 20CV24171

Plaintiff Watson was a passenger in a car rear ended by Defendant Kemper. Plaintiff alleged that she suffered soft-tissue neck and back injuries in the crash. She sought $10,000.00 in damages and legal fees pursuant to ORS 20.080. Defendant contested whether Plaintiff was injured in the crash and the amount of her damages. Verdict - $2,306.28.

Premises Liability Trials

Owens v. Mt. Hood Ski bowl, LLC et al., Multnomah County Case No. 18CV22336

Plaintiff Owens was a mountain biker riding on Defendant’s “cannonball” mountain biking trail when he crashed and suffered severe injuries including paraplegia.  Plaintiff alleged that Defendants were negligent for failing to follow accepted safe design criteria for mountain bike parks, specifically constructing a ditch that was unreasonably dangerous given the speeds defendants knew bikers would reach in the area and placing a sign within the high speed “runout zone” of the trail.  Plaintiff sought $2,700,000.00 for past medical and rehabilitation bills, $5,500,000.00 for future economic damages and $10,000,000.00 for non-economic damages.

Defendants alleged that Plaintiff was an expert level mountain biker who  was familiar with the trail having run it many times, including on the date of the injury.  They alleged that he was negligent and therefore responsible for his own injuries by riding too fast for the trail conditions, riding a bike that was not designed for downhill mountain biking, failing to keep a proper lookout, and failing to abide by Defendants’ instructions and directions. Verdict - $11,411,446.74 after 25% reduction for comparative negligence.  

Workplace Injury Trials

Hartz v. BNSF Railroad Company, Multnomah County Case No. 20CV14396

This was a case brought by a railroad worker against his employer under the Federal Employers' Liability Act ("FELA") alleging that he suffered injuries to the disks of his lower back due to repetitive and cumulative trauma from operating over rough track with improperly maintained locomotives and defective seats. He sought $2 Million for economic damages in the form of past and future medical expenses and wage losses as well as $2 Million for non-economic damages. Defendant denied any negligence and claimed that all the equipment Plaintiff used complied with federal regulations. Defense Verdict.

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