Personal Injury Trials in Multnomah County - 2022 - First Quarter
April 1, 2022
Motor Vehicle Accident - Plaintiffs won 3/3.
Premises Liability - Plaintiffs won 1/1.
FELA - Plaintiffs won 0/1.
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.
Total Verdict - $11,411,446.74 after 25% reduction for comparative negligence.
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.
Total 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.
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